Domestic Abuse Bill

Debate between Lord Lexden and Baroness Burt of Solihull

Report stage
Monday 15th March 2021 Lords Chamber

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the noble and learned Baroness, Lady Butler-Sloss, who is next on the list, has withdrawn from this debate, so I call the noble Baroness, Lady Burt of Solihull.

[Baroness Burt of Solihull (LD)]

My Lords, I add my congratulations to the noble Lord, Lord Kennedy, on resolving the injustice of NHS providers charging for evidence of domestic abuse. It is an object lesson in persistence. I hope that the noble and learned Baroness, Lady Butler-Sloss, who I was hoping to follow, will meet the same eventual success with her plans on forced marriage. I am also grateful to the Minister for his amendments to ensure that this is properly and legally installed in law.

In my view, it is a scandal that it ever had to come to this. What hard-hearted group of medical practitioners ever made the decision to charge money for evidence that a woman has been subjected to violence as a qualifying condition for legal aid? I suppose that is what happens when you try to marketise the NHS.

The Minister spoke about the role played by the BMA, but according to the BMA this amendment should never have been necessary. It says:

“We believe that legal aid agencies should trust the word of victims without needing to consult with a medical professional, who themselves”


will rely on what the victim tells them and

“may not be best placed to confirm whether domestic abuse has taken place.”

It recommends that the MoJ should remove altogether the unfair requirement for medical forms in the domestic abuse legal process. It seems to me that this requirement is just placing one more obstacle in front of the victim, perhaps to test to destruction her determination to get justice. Will the Minister say why legal aid agencies are requiring these medical certificates in the first place? Should we not be legislating to remove this requirement, full stop?