Domestic Abuse Bill

Debate between Lord Lexden and Lord Morris of Aberavon

Report stage
Monday 15th March 2021 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I shall intervene briefly on Amendments 66C and 71, which I support. I have been involved as a beneficiary all my professional life with legal aid. Its roots go back to the Labour Governments of 1945 and 1951. When I began practising at the Bar in 1959, it was just about being given new life, and what a blessing it has been to people with limited or no means.

My noble friend Lord Kennedy has put down Amendment 71 which, together with the Government’s amendment, is a clear statement that no appropriate health professional may impose a fee for the purposes of obtaining legal aid by an applicant. Health professionals are paid in accordance with the terms of their contracts. My understanding is that on occasion, such as for medical certificates for insurance and travel purposes, they are entitled to charge extra fees. I am grateful for the Minister’s very careful explanation of what they can do.

There is obviously a loophole that needs to be filled. This is confirmed by the very fact of the result of the Government’s work, on which I congratulate them, in moving Amendment 66C. The need to fill in the loophole is confirmed. The Government seem to have covered all contingencies, and it obviously overtakes the Opposition’s amendment. I also congratulate my noble friend Lord Kennedy on the hard work he and others have done; the result is what we see before us today. It confirms the value of this House as a reforming, confirming and improving Chamber. With those few words, I support the Government’s amendment.

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My Lords, the noble and learned Baroness, Lady Butler-Sloss, who is next on the list, has withdrawn from this debate, so I call the noble Baroness, Lady Burt of Solihull.

Domestic Abuse Bill

Debate between Lord Lexden and Lord Morris of Aberavon

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

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

The noble Lord, Lord Balfe, who is next on this list, is unable to take part in this debate, so I call the noble and learned Lord, Lord Morris of Aberavon.

[Lord Morris of Aberavon (Lab) [V]]

My Lords, it is a pleasure to say it is beyond argument that this is an important Bill. In my professional career, I dealt with many cases of child abuse. I practised at the criminal Bar, not the family Bar. Fortunately, sitting as a recorder, I did not have to try or sentence anyone convicted of child abuse.

It is important to get the legislation right. At my first reading, I thought the Bill was sufficiently comprehensive to deal with any wrongdoing. The steps in the ladder are clear: first, the relationship is set out in Clause 1(2); then we go on to the type of relationship, supplemented in subsections (3) and (4); then subsection (5) deals with indirect behaviour. The amendment’s supporters seek to redefine this, by adding words to give an example of behaviour which is reprehensible. I understand the aims of the proposers and their real concerns. We have listened to the passionate speeches made today. The noble and learned Lord, Lord Mackay, has added his name to the amendment. From long experience, I would listen to his words, and the House always does with very great respect.

My fear is that this amendment is over-prescriptive. Putting this into the Bill might limit the generality of the encompassing nature of subsection (5). At the moment, I have serious doubts about whether the amendment is needed at all, as such particularising may limit the thrust of the subsection so far as other conduct is concerned. In these circumstances, having heard all the arguments, I would recommend its rejection by your Lordships.