All 1 Debates between Lord Mackay of Clashfern and Baroness Henig

Mon 8th Mar 2021
Domestic Abuse Bill
Lords Chamber

Report stage & Report stage & Lords Hansard

Domestic Abuse Bill

Debate between Lord Mackay of Clashfern and Baroness Henig
Baroness Henig Portrait The Deputy Speaker (Baroness Henig) (Lab)
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I call the next speaker, the noble Lord, Lord Winston. No? We shall move on, then, to the noble and learned Lord, Lord Mackay of Clashfern.

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