Domestic Abuse Bill

Debate between Lord Lucas and Lord Mackay of Clashfern

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

[Lord Mackay of Clashfern (Con) [V]]

My Lords, I have supported this amendment on the basis that it shows what the general definitions reveal and include. I do not think that it will be necessary to pursue it, if we have a clear understanding that the sort of behaviour that the noble Baroness, Lady Meyer, has described is covered by the phrase “controlling or coercive behaviour”.

There is another important definition that deals with children being used as weapons against their parents. It points out that activity towards a child may well be against the parent. Clause 1(5) says:

“For the purposes of this Act A’s behaviour may be behaviour ‘towards’ B despite the fact that it consists of conduct directed at another person (for example, B’s child).”


I am certain that there are a large number of cases in which one parent, using his or her relationship with the child, seeks to damage that child’s relationship with the other parent. It is a natural weaponising in a conflict, which is apt to come forward in this sort of fighting between parents. When they are antagonistic towards each other, they are apt to try to bring children to their side of the dispute, which strikes me as extremely dangerous.

I believe that the attempt to use one parent’s relationship to damage the children’s relationship with the other parent is an obnoxious type of controlling or coercive behaviour. I verily believe that, if allowed to persist until the end, you will get parental alienation, because the operation of trying to damage the child’s relationship with that parent ultimately succeeds. That is what alienation is: by that means, the child has been successfully cut off from the other parent’s company, love and support. As we show, the law as it stands includes that.

The reason for the amendment is to illustrate that that is so, simply to make it possible to have this debate on Report. There was a tremendous amount of debate in Committee suggesting that parental alienation should not be contemplated. Sadly, I fear that, if the conduct that we have described succeeds, it will continue to happen. The Bill already, properly, includes a definition that deals with the kind of behaviour that underlies attempts to alienate the other parent from their child.

I strongly believe that this broad definition should not be restricted. I felt that the addition of qualifications in other amendments restricted the wide definition presently in the Bill. That is important, because domestic abuse is a large area and the definition manages to encompass it with great success. Therefore, the reason for the amendment is to illustrate that the conduct in question is included in the definition. Once that is accepted, as I hope it will be, the amendment will not be unnecessary.

[Lord Lucas (Con) [V]]

My Lords, as one would expect, that was a fascinating contribution. In some ways, it answers a lot of my questions. I am completely behind the purpose of this amendment. To my mind, as someone who is experienced but not expert, there is nothing about the phrases in Clause 1(3)(c) and Clause 1(3)(e) that naturally covers alienation behaviour. If one were to describe this in plain English, neither of those concepts would comfortably accommodate controlling behaviour which by its nature takes place remotely. Once you have got into the business of alienation, the two parents, typically, are not together. It is difficult to see what element of control or coercion can be exercised by alienation or how, in the context of domestic abuse, the wide phrasing of

“psychological, emotional or other abuse”

could certainly be construed as covering alienation. I hope that the Government will make it clear to me and the public in general, by what they say and do outside the Bill, that alienation absolutely is covered. But I need to see that in clear and unambiguous terms.

Psychoactive Substances Bill [HL]

Debate between Lord Lucas and Lord Mackay of Clashfern

Tuesday 30th June 2015 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, the “other” must be implied and I see no reason why it should not be expressed. I think the amendment carries itself fairly easily.

[Lord Lucas (Con)]

My Lords, I do not like having a law which states as a fact something which is clearly wrong. I hope my noble friend will therefore accept these amendments, in spirit if not in the exact letter.