Lord Parkinson of Whitley Bay
Main Page: Lord Parkinson of Whitley Bay (Conservative - Life peer)Domestic Abuse Bill
Lord Parkinson of Whitley Bay Excerpts
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I am delighted to support Amendment 75, tabled by the noble Baroness, Lady Burt of Solihull. As she explained, it will require the Secretary of State to issue a code of practice containing provisions designed to ensure that workers affected by domestic abuse have appropriate care and support from their employer.
We had a good debate on this issue in Committee. We are all aware that we spend a lot of time at work, so a victim of abuse can spend a lot of time with their work colleagues. This code will set out the reasonable steps that an employer should be taking to support their employees, and is very welcome. Like the noble Baroness, Lady Bennett of Manor Castle, I have been a manager in the past, and I certainly had staff who had problems and issues and I have tried to be supportive. I do not believe that anybody had domestic abuse issues, but there were certainly other problems. I hope that as a manager I took the right actions to support work colleagues and get them over their problems. Having a code provides, for the employer, staff and managers, guidance on what reasonable adjustments can be made. That is really important.
We all know what goes on with abusers: they seek to disrupt and cause chaos in the victim’s life, drive them out of work and make them economically dependent so that they are even more under the abuser’s control—and, of course, abuse is all about control. This code is important; it would be a really good tool for employers. I hope the Minister will be able to get this right and put it on a statutory footing. The overwhelming majority of employers want to do the right thing; the noble Baroness, Lady Meacher, listed a number of organisations which are clearly doing just that—but we should not assume that everyone knows the right thing to do. I hope we can support this. I look forward to the Minister’s response.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am grateful to the noble Baroness, Lady Burt of Solihull, for again raising the important issue of support in the workplace for the victims and survivors of domestic abuse, and to all noble Lords who have spoken in the debate again this evening. As the noble Baroness said in Committee, the workplace can be an important safe haven for victims, and the Government are clear that domestic abuse is everyone’s business. We know from our recent review just how important the role of employers can be, and that guidance is an important and useful tool. As the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Kennedy of Southwark, said, employers and managers want to know how they can best help in this area. That is why we are including information for employers in the statutory guidance associated with the Bill.
The guidance that we have published in draft form refers to the exemplary toolkit provided by Public Health England, Business in the Community and the Employers’ Initiative on Domestic Abuse, which will improve the support available for employers and their employees. We have also welcomed and promoted the excellent guidance provided by the Equality and Human Rights Commission and the Chartered Institute of Personnel and Development.
The power to issue guidance under Clause 73 is wide-ranging; it would enable guidance to be issued on any matter relating to domestic abuse. Accordingly, we do not believe that it is necessary to include in the Bill a separate, specific provision relating to guidance for employers. Moreover, we have committed to producing guidance and tools for employers which will enable more victims to come forward and ask for help in the workplace. Amendment 75 recognises the importance of the consultation process in developing guidance and sees a role for the domestic abuse commissioner. As we set out in a report earlier this year, we will work with employers, trade unions and representatives of victims and survivors.
We are grateful for the support provided by the designate commissioner for the BEIS review last year and we want to continue to make use of her expertise as we move forward in this important area. This approach will help to design effective guidance and to reach the maximum number of employers. It is important that we continue to bring employers with us, and work together to harness their full potential to tackle domestic abuse. It is also important that guidance can be responsive to changing circumstances and evolve with best practice and the examples of employers in different areas.
However, guidance is not the only tool to engage employers in relation to this issue. There have been some significant achievements already. Last year, we partnered with the Employers’ Initiative on Domestic Abuse to raise awareness and provide guidance to employers on domestic abuse in lockdown. We continue strongly to encourage all employers to join the Employers’ Initiative, which I believe has seen a remarkable growth in its membership. This shows just how interested employers are in this important issue. The noble Baroness, Lady Meacher, mentioned a couple of specific employers; I was pleased to mention some other examples in Committee.
The Government have also implemented the Ask for ANI scheme in thousands of pharmacies. Most recently, the Department for Work and Pensions, together with the Sharan Project, has launched the Employers Domestic Abuse Covenant. By signing up to this covenant, businesses pledge to raise awareness and identify opportunities to help women affected by domestic abuse with access to work and skills. I hope and believe this demonstrates that the whole Government have a clear course of action and a strong commitment to working in partnership with employers and the specialist sector to support victims in the workplace.
In summary, we wholeheartedly agree with the noble Baroness on the important role that employers have to play in supporting victims of domestic abuse. I hope that she will recognise the work that we have set in train to build on the important work of the Employers’ Initiative and others and that, on that basis, she will be content to withdraw her amendment.
Lord Parkinson of Whitley Bay (Con)
My Lords, I thank the noble Lord, Lord Ramsbotham, for once again outlining the case for his amendment. Along with Chris Bryant MP, he has raised the importance and profile of the issue of acquired brain injury and the importance of early screening, for which both he and Mr Bryant should be commended. I was grateful to have the opportunity to discuss the issue in greater detail with the noble Lord, as he mentioned. However, as I indicated in Committee, we remain of the view that legislation is not the right course of action, for the reasons that I will now set out.
The amendment would introduce screening for acquired brain injury for female victims of domestic abuse, including female prisoners and those to be protected by a domestic abuse protection order. It is important that the healthcare and support provided for victims of domestic abuse and female prisoners, including those with acquired brain injury, meets the healthcare needs which may result from their abuse. We believe that this Bill is transformational in the support that it will provide for victims of domestic abuse in bringing their perpetrators to justice and raising awareness of domestic abuse, including the impact it can have on survivors.
It is for the NHS to provide the most appropriate care and treatment, based on an individual’s medical history and clinical need. That is the basis on which the NHS operates, providing healthcare and diagnostic tests for those who need it, including urgent referrals.
As I mentioned in Committee, domestic abuse can manifest itself in many ways, not just through physical injuries but mental harm through coercive control and financial abuse. We do not think that such victims should be screened for brain injury, or that this would be an effective use of NHS resources. In addition, we would not want to deter women from coming forward to receive support if they are concerned about the possible outcomes of a brain screening.
I set out in Committee the improvements we have made to existing screening processes through non-legislative measures in prisons. This was in acknowledgement that more could indeed be done to improve current screening processes. The process I described will now identify and address specific circumstances where head injury or loss of consciousness has resulted from domestic abuse and other forms of violence. That is an important step forward.
As I explained, the national screening tool is reviewed and updated by NHS England and NHS Improvement on an annual basis to allow for any changes in NICE guidance or any recommendations arising from a coroner’s report to prevent future deaths. NHS England and NHS Improvement have agreed the precise questions to be asked and how these will be reported against. The coding within the clinical system has been agreed, and we expect these changes to be implemented next month. I am sure noble Lords would agree that this is an important and significant step forward and a good demonstration of how we can make improvements without legislative measures.
In addition, NHS England and NHS Improvement are continuing to work with the Disabilities Trust on a training package for healthcare practitioners to increase effectiveness when supporting people with impaired neurological functioning, either as a result of domestic abuse or due to other reasons. This training is also designed to provide practical steps for those working with patients, and self-help tools for the individuals themselves to reduce and overcome the impact of any brain injury.
In his amendment, the noble Lord, Lord Ramsbotham, seeks to link screening to the issuing of a domestic abuse protection order against a perpetrator. It is important not to conflate the two issues. Domestic abuse protection orders, like other protection orders, are designed to impose requirements on the perpetrator. They cannot impose requirements on the person to be protected by the order, such as requiring them to undertake a screening for an acquired brain injury. However, we can, and we will, use the statutory guidance to the police on DAPOs to recommend that the police refer victims to an independent domestic violence adviser or other specialist advocate who will be able to advise victims on their options on a range of issues, including healthcare. We will also include information on where victims can go to seek medical attention in the DAPO advice materials for victims which we will be producing ready for the pilots of the orders.
We remain of the view that these non-legislative interventions are the appropriate way forward to address the important issue that the noble Lord has again raised and will help improve screening for acquired brain injury. On that basis, I hope that the noble Lord, Lord Ramsbotham, will be reassured and will be content to withdraw his amendment.
Lord Rosser (Lab) [V]
I agree with the noble Baroness, Lady Burt of Solihull, that this has been a very interesting debate, but I do not intend to detain the House long.
Amendment 82, moved by the noble Baroness, Lady Bennett of Manor Castle, would repeal Section 58 of the Children Act 2004 and provide in this Bill that:
“In relation to any offence, battery of a child cannot be justified on the ground that it constituted reasonable punishment.”
The 2004 Act set out safeguards on the physical punishment of children. It provides that battery of a child, which covers the smacking of a child, could not constitute reasonable punishment if it was related to certain offences, I think such as grievous or actual bodily harm, cruelty or wounding. This amendment would widen that to all situations and circumstances.
I note that the noble Baroness, Lady Bennett of Manor Castle, has said that she will not push for a vote on her amendment, which seeks a significant change to existing law under the Children Act 2004. I can understand why she has made that decision. When the Children Act 2004 was going through Parliament, the debates on its terms were lengthy and included the issue of whether smacking should be permitted as a reasonable punishment in any circumstances under that Act.
The kind of significant change to existing law being sought in this amendment on children should be the subject of consultation and consideration, providing a proper opportunity for the case and supporting evidence, both for and against such a proposition, to be fully debated, tested and aired prior to a decision being made on whether to agree to change the existing law. That level of scrutiny cannot be achieved through this amendment on Report stage of this Bill and, for that reason, we believe that the noble Baroness, Lady Bennett of Manor Castle, while certainly raising an important issue on what is or is not acceptable in the treatment of children, is right in her decision not to push this to a vote.
The noble Baroness, Lady Bennett of Manor Castle, is also justified in drawing attention to developments on this issue in Scotland and Wales that are in line with her amendment, and seeking an undertaking from the Government to listen to and examine the evidence for change, and consider whether the current legal position as set out in the 2004 Act should be amended. I wait to see if the Government, in their response, will indicate a willingness to do this in light of the points that the noble Baroness, Lady Bennett of Manor Castle, made in moving her amendment.
Lord Parkinson of Whitley Bay (Con)
My Lords, as the noble Baroness, Lady Bennett of Manor Castle, has explained, her Amendment 82 seeks to repeal Section 58 of the Children Act 2004 and to replace it with a provision that removes the defence of reasonable punishment from parents, or persons acting legally as parents, to charges of battery against a child in relation to any offence.
I make it clear at the outset that the Government absolutely condemn abuse and violence towards children. Accordingly, Clause 3 was added to the Bill in another place to recognise that a child is considered to be a victim of domestic abuse, including physical abuse, in his or her own right, if they see, hear or experience the effects of domestic abuse and are related to either the targeted victim of the abuser or the perpetrator. The Government are aware of recent legislation in Scotland and Wales that removes the defence of reasonable punishment. While parents are responsible for disciplining their children, they must do so within the boundaries of clear laws against violence towards children in England.
Section 58 of the Children Act 2004 changed the law significantly to give children greater protection. The defence of reasonable punishment can no longer be used when parents or those acting in place of parents are charged with assault causing actual or grievous bodily harm or child cruelty. The law in England provides that parents and other adults who are acting legally in place of the parents may plead a defence of reasonable punishment to a charge of common assault against a child. Common assault amounts to where an injury is “transient and trifling”.
Following the 2004 Act, the Crown Prosecution Service amended its guidance so that it acknowledges the particular vulnerability of children. An injury that would lead to a charge of common assault where the victim was an adult would normally be charged as actual bodily harm or a more serious offence if the victim were a child. Parents who cause injuries to children such as grazes, scratches, abrasions, bruising, swelling and superficial cuts are already at risk of being charged with actual bodily harm and would have no defence of reasonable punishment. Child protection agencies and the police treat allegations of abuse very seriously; they will investigate and take appropriate action, including prosecution, where there is sufficient evidence of an offence having been committed.
Statutory guidance, Working Together to Safeguard Children, sets out what professionals and organisations need to do to safeguard and promote the welfare of children and young people. Further statutory guidance entitled Keeping Children Safe in Education also sets out what staff in schools and colleges should do to safeguard children and young people.
Relationships, sex and health education is now a statutory part of the curriculum. The focus on healthy relationships in primary and secondary schools will help children and young people who are experiencing or witnessing unhealthy relationships to know where to seek help and report abuse, as well as addressing inappropriate behaviour, harassment, abuse or exploitation. In short, there are already strong safeguards in existing legislation and statutory guidance that protect children from physical harm as a form of punishment. The current legal position is clear, appropriate and protects children from abuse and harm. The Government do not accept that the law, as it stands, is in breach of the United Nations Convention on the Rights of the Child; we believe that it complies with Articles 19 and 37 on abuse and violence towards children.
We accept that there are differing views on Section 58 of the Children Act, and we have heard them expressed again on both sides in what has been a lively and informative debate, including some very powerful speeches against the amendment from the noble Baronesses, Lady Hoey and Lady Fox of Buckley, and my fellow Northumbrian, the noble Lord, Lord Curry of Kirkharle. As the noble Baroness, Lady Bennett, noted, this has been a long-running issue. I am glad that she has listened to the counsel of her supporters and agreed not to press this issue to a vote this evening. She and I are equally new to your Lordships’ House as we were introduced around the same time, but I agree with those who have said that this is too an important an issue to be slipped into the Bill at this late stage. However, she rightly used the opportunity to ask some questions and seek a meeting. That is properly a matter for the Department for Education, but I shall pass a request for a meeting on and ensure that it replies to her directly about it. With that, and having sparked this lively and interesting debate, I hope that she will now be content to withdraw her amendment.
Baroness Bennett of Manor Castle (GP) [V]
My Lords, I thank the Minister for his answer and everyone who has participated in this debate. I share the feeling of the noble Baroness, Lady Burt, about the need to draw a very deep breath before I begin. I think many people in British society would be surprised at the tone of some of the arguments presented this evening by those opposing this amendment. I suspect the noble Baroness, Lady Walmsley, would feel that some parts of our political landscape have not changed very much in 20 years. However, that is perhaps because there is a feeling that that part of the political landscape is very much swimming against the tide of public opinion—I might even say the tide of history.
I thank the Minister for his offer to pass on a request to the department. I will be pursuing that very vigorously, and I very much hope that we will have a ministerial meeting. These are issues that need to be raised at the highest level, particularly given what is happening in the nations around us. I welcome the Minister’s comments about how much progress is being made in sex and relationship education, something I have long been campaigning on. It is something that needs to be monitored very closely to make sure that it is meeting the needs of our current society.
The noble Lord, Lord Russell, rightly identified the reasons why I was persuaded not to push this further at this moment. This was not on the list of amendments in Committee and it is not normal practice to go further at this stage, but it is obvious that the level of debate is going to be stepped up significantly.
I am aware of the hour, so I shall be brief, but it is worth drawing together the noble Baronesses, all of whom are veterans of this campaign. The noble Baroness, Lady Walmsley, made very important points about the context in which this debate is happening, which is the Covid pandemic, and about how we now understand so much more about adverse childhood experiences and their impact on children. That is a reflection of how far the science has moved on in the past two decades. Indeed, the noble Baroness, Lady Finlay, who has an expert’s perspective, acknowledged how the current law undermines the Government’s efforts in child welfare and other areas and gave an expert account of what is being seen in our hospitals and by our doctors.
Lord Rosser (Lab) [V]
Amendment 83, moved by the noble Baroness, Lady Greengross, would require a local authority to ensure that, where any of its employees suspects in the course of carrying out a financial assessment for adult social care that a person is the victim of domestic abuse, the employee reports the suspected abuse to a social worker or the police. Amendment 84 would give a magistrates’ court the power to permit a registered social worker to enter a premises by force if the social worker has reason to believe an occupant may be a victim of abuse, and they have been refused entry by other occupants.
We are of course very much of the view that everything must be done to reduce the incidence of domestic abuse, not least domestic abuse against older people, who can be particularly vulnerable and against whom such abuse can be even more of a hidden crime than abuse experienced by younger people. I pay tribute to all the work that the noble Baroness, Lady Greengross, has done over many years on behalf of older people to ensure that their interests and concerns are not overlooked and forgotten.
A statutory duty under the Care Act 2014 already exists on local authorities to make inquiries where they suspect abuse, although apparently performance on this varies considerably. Ensuring that employees can recognise the signs of domestic abuse, and then report it, is a training issue, and we have already had debates on the importance of training, led by my noble friend Lady Armstrong of Hill Top, when certain assurances were given by the Government. Reporting abuse, what happens to investigate and deal with it once it has been reported, and the priority it is given, are crucial. A key factor is multiagency working and ensuring that an awareness of abuse runs through every agency. It is crucial that this is monitored effectively to ensure that it is working properly.
The noble Baroness, Lady Greengross, said that she does not intend to press her amendments to a vote, following discussions with the Government, presumably in the light of what was said by the Government during those discussions. I presume that in their response the Government will refer to any undertakings that they have given, and I am sure that the noble Baroness, Lady Greengross, will not be the only one monitoring the impact of any such undertakings.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am grateful to the noble Baroness, Lady Greengross, for further highlighting the plight of older victims of domestic abuse, and for tabling amendments which seek to tackle these important issues. I am replying on behalf of my noble friend Lady Williams of Trafford, who I know found their discussion on the matter last week extremely helpful.
The Government are committed to preventing and reducing the risk of harm to people in known or suspected vulnerable situations. An effective adult safeguarding system which works across agencies to identify incidents or risk of harm, as well as acting on and ultimately preventing them, is central to this. We take the issues that the noble Baroness has raised very seriously and know that a well-trained and empowered adult social care workforce will be vital in tackling them. Social work is the lead profession for adult safeguarding duties under the Care Act 2014 and the Government are committed to ensuring that those working in it are well informed and trained to carry out their roles effectively. For this reason, the Chief Social Worker for Adults is developing a practice guide to support adult safeguarding teams within local authorities, to ensure a consistent and person-centred statutory response and quality safeguarding of adults with care and support needs. This guide will be consulted on and published this year.
We have considered Amendments 83 and 84 further and do not believe that they will add value to existing roles and processes, or that they are needed to improve outcomes for older people experiencing domestic abuse. In relation to Amendment 83, all local authority employees are expected to undertake safeguarding training, ensuring that they can identify any concerns of elder abuse and report these through existing escalation routes where necessary. In some instances, this may require making a report to the police, or making a referral under Section 42 of the Care Act 2014, which places a duty on a local authority to make inquiries, or to ask others to make inquiries, where it reasonably suspects that an adult in its area is at risk of neglect or abuse, including financial abuse.
On Amendment 84, the police have existing powers of entry ensuring the protection of victims of domestic abuse and other instances of exploitation and harm. These existing powers are sufficient and appropriately given to the police, who are well equipped to respond to threats from perpetrators of domestic abuse and to gain entry to a home where necessary. Extending powers of entry to social workers risks placing them in potentially unsafe and harmful situations which they are not equipped to deal with. It would also not be appropriate for a social worker to have powers that extend beyond their remit of supporting people with care and support needs, and they would not be trained to respond in these circumstances. Local arrangements will be in place to enable effective joint working to investigate instances where an adult must be safeguarded, which would include the police, health and social care professionals, and providers.
I also point to Clause 73, which enables the Secretary of State to issue guidance relating to the definition of domestic abuse. The draft guidance recognises that older people can be victims of domestic abuse and that they may experience this abuse differently. This guidance is intended to support all responding agencies to understand domestic abuse. Indeed, under Clause 73, any person exercising public functions to whom guidance is issued must have regard to the guidance in carrying out those functions.