Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2024

Lord Polak Excerpts

Thursday 18th January 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am grateful to the House for its consideration of this draft order, which will see Hizb ut-Tahrir proscribed.

It may be helpful if I start by setting out some background to the proscription power. Some 79 terrorist organisations are currently proscribed under the Terrorism Act 2000. For an organisation to be proscribed, the Home Secretary must believe that it is concerned in terrorism, as set out in Section 3 of the Terrorism Act 2000. If the statutory test is met, the Home Secretary must then consider the proportionality of proscription and decide whether or not to exercise their discretion.

Proscription is a powerful tool with severe penalties, criminalising membership and invitations of support for the organisation. It also supports other disruptive activity, including immigration disruptions and terrorist financing offences. The resources of a proscribed organisation are terrorist property and are therefore liable to be seized.

The Home Secretary is supported in his decision-making by advice from the cross-government Proscription Review Group. A decision to proscribe is taken only after great care and consideration, given its wide-ranging impact. It must be approved by both Houses.

Part II of the Terrorism Act 2000 contains the proscription offences, in Sections 11 to 13. An organisation is proscribed if it is listed in Schedule 2 to that Act or, in most cases, it operates under the same name as an organisation so listed. Article 2 of this order adds Hizb ut-Tahrir to the list in Schedule 2 as a new entry.

With this House’s consent, Hizb ut-Tahrir, including all regional branches, such as Hizb ut-Tahrir Britain, will be proscribed. Having carefully considered all the evidence, the Home Secretary has concluded that Hizb ut-Tahrir is concerned in terrorism and should be proscribed. Noble Lords will understand, I am sure, that I am unable to comment on specific intelligence. Nevertheless, I can provide Members with a summary of the group’s activities, which supports this decision.

Hizb ut-Tahrir, which I will now refer to simply as HuT, is an international political organisation with a footprint in at least 32 countries, including the UK, US, Canada and Australia. Its long-term goal is to establish a caliphate ruled under Islamic law. HuT’s headquarters and central media office are in Beirut, Lebanon, and its ideology and strategy are co-ordinated centrally.

The British branch, which I will refer to as HTB, was established in the 1980s. While HTB is afforded autonomy to operate in its local environment, it is important to emphasise at this point that HuT should be considered as a coherent international movement, with HTB recognising the overall leadership of HuT on its website. This decision to proscribe therefore relates to HTB, and other regional branches, in forming part of a single, global entity, which is HuT.

There is current evidence that HuT is concerned in terrorism. HuT’s central media office and several of HuT’s Middle Eastern branches have celebrated and praised the barbaric 7 October terrorist attacks carried out by Hamas, which, as noble Lords will be aware, is a proscribed organisation. When the proscription of Hamas was extended to include both the military and political wings in 2021, the Government were clear that Hamas prepares, commits and participates in acts of terrorism.

Further recent activity includes an article attributed to HuT’s Egyptian branch, which referred to the killing of Jewish tourists by an Egyptian police officer as

“a simple example of what should be done towards the Jews”.

Elsewhere, HuT has frequently referred to Hamas as “the heroes of Palestine” in articles on its website. HTB also published an article on its website, which was subsequently removed, which described the 7 October attacks as a “long awaited victory” and referred to the fact that they

“ignited a wave of joy and elation amongst Muslims globally”.

It is the Government’s view that the content included in this article betrays the organisation’s true ideology and beliefs, aligned with the organisation’s global output.

HuT has regularly engaged in anti-Semitic and homophobic discourse. While HuT claims to be committed to non-violence, it rejects democracy and its aims bear similarities to those of terrorist groups, including Daesh, which of course is already proscribed.

The decision to proscribe is supported by our international partners. Hizb ut-Tahrir is banned in many countries around the world, including Germany for anti-constitutional reasons, with restrictions also placed on its activities in Austria, among others.

Proscription is a powerful tool. It will significantly thwart HuT’s operations in the UK. It is a criminal offence for a person to belong to a proscribed organisation; invite or express support for a proscribed organisation; arrange a meeting in support of a proscribed organisation; or wear clothing or carry or display articles in public in such a way or in such circumstances as to arouse reasonable suspicion that the individual is a member or supporter of a proscribed organisation. The penalties for conviction of proscription offences can be a maximum of 14 years in prison and/or an unlimited fine.

The first duty of the Government is to keep the people of the United Kingdom safe. They rightly expect us to take every possible measure in service of that endeavour. Our message is clear: we will not tolerate the promotion or encouragement of terrorism, nor will we accept the promotion or glorification of Hamas’s abhorrent attack of 7 October. We will confront anti-Semitism wherever and however it rears its ugly head, taking every possible step to keep the Jewish community in the United Kingdom safe.

We must and will use every available measure to safeguard our values and tackle terrorism in all its forms. I therefore urge the House to support this proscription, which is a proportionate and justified response to the promotion and encouragement of terrorism, and to calls for violence and disorder, as espoused by HuT. I beg to move.

[Lord Polak (Con)]

My Lords, I thank my noble friend the Minister and the Government for this. I am not sure that I am going to go down the route of, “What took us so long?” I recall Tony Blair talking about banning Hizb ut-Tahrir. I even recall our new noble friend the Foreign Secretary talking about it in 2010, before becoming Prime Minister, saying that it was something that would be done. Therefore, I am very grateful to the Minister and his colleagues for ensuring that it has been done.

I guess I declare an interest: I am a Jew, and very proud of it. I know full well what Hizb ut-Tahrir wants to do to me, my family and my co-religionists. I am grateful to the Minister for this measure, so obviously I will support it.

However, the Minister will know that I do not miss an opportunity—and I will not miss this opportunity. While the Government are on a roll and have done the right thing, they know that I and others in this House believe that the IRGC should be going in exactly the same way. The IRGC are the masters of everything that we do not like, in the way that the Minister described at the beginning. While thanking him, I hope that he will not mind me asking for a little bit more. The IRGC needs to be proscribed.

[Lord Purvis of Tweed (LD)]

My Lords, I thank the Minister for introducing the measure so clearly. I agree with what he said. It is regrettable that I have had to cover a number of organisations to be proscribed—regrettable because we are living in an age, unfortunately, when there are organisations which abuse our liberties and freedoms. They are either terrorist organisations themselves or they support terror.

Indeed, we live in an age of heightened conflict. Next week, I and other noble Lords will be considering another suite of sanctions related to the conflict in Ukraine, and I will be receiving a delegation of Lebanese who are fearful for the security in that country—the country the Minister referred to.

These are difficult times. Therefore, as we protect our communities as well as our freedoms and liberties, it is unfortunately necessary to have measures such as these. The Minister said, quite rightly, that there are high bars to be reached before proscription. I know that he will not comment on the previous attempts at proscription—I also read the reference to the previous calls; I do not expect him to comment on that—but I will ask him a few questions on the measures coming forward.

--- Later in debate ---

[Lord Polak (Con)]

Exactly on that point, I pay tribute to the Government because for a number of years they have helped to fund the security of our schools and synagogues, and so on. Noble Lords might not realise that, to get into a synagogue to pray, one has to go through security—that is here in Britain, in 2024. After 7 October, the Government gave the Home Office another £3 million towards this. Just so that noble Lords understand, just days after 7 October my daughter called me and asked, “Dad, do you love your grandchildren?” I said to Natasha, “What’s this question?” She said, “Should we send them to school?” That is a Jewish, state-aided school in Finchley, north London. They were scared to send their kids to school here in Britain. That is just to get over to noble Lords that this is the problem, but I am grateful to the Government for their support.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for his personal perspective, which—I think I can safely speak for the whole House—we obviously regret very considerably. That just amplifies the point I was making that some of my friends have expressed to me that they are also afraid, in certain circumstances, to walk the streets of the capital in particular, although I imagine that that applies across the entire nation. I personally think that is disgraceful.

However, I thank my noble friend for pointing out that the Government have made significant efforts to protect the Jewish community. The Jewish community protective security grant provides security measures, such as guarding, CCTV and alarm systems at Jewish schools, colleges, nurseries and some other Jewish community sites, as well as a number of synagogues. The JCPS grant is managed on behalf of the Home Office by the Community Security Trust. In response to the Israel-Hamas conflict and reports of increased incidence of anti-Semitism in the UK, the Prime Minister has announced an additional £3 million of funding for the Community Security Trust—which my noble friend referred to—that will provide additional security at Jewish schools, synagogues and other Jewish community sites. This brings total funding for CST through the Jewish community protective security grant to £18 million in 2023-24. The Chancellor’s Autumn Statement confirmed that protective security funding for the Jewish community will be maintained at £18 million in 2024-25. So I thank my noble friend for his thanks. Obviously, the Government are very alive to the fact that we need to do as much as we can.

On the question about the statistics on anti-Semitism, I will have to write on that—I am afraid I do not have them to hand.

It would be wrong not to highlight also what is being done to protect Muslim communities, who obviously are also affected by events in the Middle East. We recognise that the developments there can impact British Muslim communities, and they lead to a rise in community tensions. The Government have made an additional £4.9 million available for protective security at mosques and Muslim faith schools this year and the next. That brings total funding for UK Muslim communities to £29.4 million for both 2023-24 and 2024-25. We have also extended the deadline for the protective security for mosques scheme, and invite mosques and Muslim faith community centres to register for protective security measures by 18 February 2024. The protective security for mosques scheme provides physical security measures such as CCTV, intruder alarms and secure perimeter fencing to mosques and associated Muslim faith community centres. Guarding services for both mosques and Muslim faith schools will become available early this year.

My noble friend did not surprise me by asking about the IRGC. There is obviously significant parliamentary media and public interest in potentially proscribing the IRGC. Both the House of Commons and the House of Lords have discussed this subject on a number of occasions, with the House of Commons unanimously passing a Motion in January to urge the Government to proscribe. The department keeps the list of proscribed organisations under review and, as noble Lords will be aware, our policy is not to comment on the specifics of individual proscription cases. I am therefore unable to provide further details on this issue in particular. Ministers have previously confirmed to the House that the decision is under active consideration, but we will not provide a running commentary. However, I think I can refer to the most recent public position on this, which was a comment from the current Foreign Secretary on the proscription of the IRGC. In an interview with the Telegraph on 23 December, the current Foreign Secretary said:

“The move you’re talking about is not something that either the intelligence agencies or the police are calling for. So I think our stance is the right one”.


That is the latest information on that subject, but I am quite sure that we will return to it.

The noble Lord, Lord Coaker, asked me what is happening with the counterextremism strategy. The Government, obviously, remain focused on disrupting the activities and influence of extremists, supporting those who stand up to extremism and stopping people being drawn into terrorism. We keep our response to extremism under constant review to ensure that it is best placed to tackle the evolving threat.

Building on the foundation set by the 2015 counterextremism strategy, we have scaled up our approach to disrupting groups who seek to radicalise others in order to focus on those who pose the biggest threat to our communities and our security. The Government’s focus is to use existing mechanisms to analyse, prevent and disrupt the spread of high-harm extremist ideologies that can lead to community division, and to radicalisation into terrorism, particularly those that radicalise others but deliberately operate below counterterrorism thresholds. Where there is evidence of purposeful actions that are potentially radicalising others into terrorism or violence, proportionate disruptive action will be considered.

The noble Lord, Lord Coaker, asked me about investigation and prosecution of offences. He will be aware that that is an operational matter for the police and the Crown Prosecution Service. But His Majesty’s Government are working with operational partners to support their management of terrorism offences, particularly in the context of the ongoing crisis in Israel and Gaza, and we will continue to do that to realise the disruptive benefits of this proscription swiftly.

I do not have access at the moment to the Foreign Office guidance for Lebanon. I will find out what it is and come back to the noble Lord, Lord Purvis.

In conclusion, the security of our communities is the Government’s foremost priority. The effort to counter and contain terrorism is complex and relentless. When action is needed, we will not hesitate. This is why we have brought forward this order, which I commend to the House.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2023

Lord Polak Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is a pleasure to follow the noble and gallant Lord. I agree with every single word he said. I also agree with what the Minister said in outlining these measures, which we support from these Benches.

Ever since the formation of this private military consultants group, after the illegal invasion of Crimea by Dmitry Utkin then led by Yevgeny Prigozhin, I have been following not only the activities but the tactics of this group. I followed the fact that it had been recruiting from prisons; that it had carried out its activities way beyond those norms which the noble and gallant Lord indicated; and the spread of its activities, which are on the one hand formally not permitted under Russian law but on the other hand are a very useful tool of Putin to extend some form of terror and influence across the Sahel and other parts of Africa. This led me to be the first in Parliament to call for the group’s proscription in April last year; I did so again on 23 May, 9 June, 7 July, 15 November, 21 December and have done so countless times this year to Ministers from the Home Office, the FCDO and the Treasury. So I am very pleased that the Minister has brought forward these measures to see this evil organisation categorised as exactly what it is: a terrorist organisation.

I was alarmed during this process by some of the responses from the Government. I hope the Minister will allow me to make just a couple of comments with regards to the missed opportunity in not proscribing earlier. On 11 July, my noble friend Lady Northover questioned the Defence Minister, the noble Baroness, Lady Goldie. Citing my calls, my noble friend said that

“surely the case for proscription is now more pressing than ever”.

The Minister replied:

“I would observe that proscription in its own right is perhaps less effective because of the particular environment in which it applies”.—[Official Report, 11/7/23; col. 1644.]


However, that is entirely the point. The Wagner Group has, to some extent, acted with impunity. Therefore, the signal from the UK to act now is very welcome, but it is worth nothing that it was this Government and this Treasury who issued a sanction avoidance licence to the leaders of this terrorist group in order to use the English legal system in palpably malign legal activities under a SLAPPs action. It was this Government’s Treasury that permitted the abuse of our system, therefore His Majesty’s Government—and Her Majesty’s Government before—have been slow to act. There was a Treasury derogation of sanctions that this Parliament had approved; we in this House would have said that that was outrageous had we been informed. I say this to the Minister: I hope that there will be no other actions such as those sanctions derogations for the other groups that the noble and gallant Lord indicated are acting similarly to the Wagner Group.

My second point relates to some of the areas where this group has been acting; the Minister and other Ministers have heard me say this before. I have seen Wagner operatives in Sudan at first hand. I saw them in Khartoum. I have seen the breadth of their work, not just purely within terrorism activities but in misinformation, disinformation and disruption of processes. Regrettably, they have continued to operate. I have raised in Grand Committee the fact that the Wagner Group has been contracted through a number of joint ventures that Russia has operated in—one with regards to the Kush gold project in Sudan with the United Arab Emirates. At this gold project, Wagner has been under its security consultant’s arm. I am sure that they are but I hope the Minister can confirm that all elements of the Wagner network are so proscribed, and that there is no loophole where some form of private sector separate contracting security operatives could operate within this. Wagner, operating under security for the Kush gold project, which provides funds to one of the warring parties to Sudan—the Rapid Support Forces—is in effect, to my knowledge, being operated under a financial vehicle between Russia and the UAE. I would be grateful if the Minister could indicate what discussions we are having with our allies to ensure that any commercial relationship with the Wagner network, or those who advise the Wagner network, will also be within scope of the Home Office’s activity.

In supporting this measure, I hope that His Majesty’s Government will be assertive not just in following suit with our friends in the European Union and the United States—I welcome the fact that the Government are in discussions with them—but in using all of the money laundering measures that we have in place and our diplomatic relations with those in the Gulf to indicate that their relationships with this network are now beyond the pale for any UK operatives. I would be more than welcome a briefing from officials in due course should the Minister allow me to do so because it is simply the case, as we all know, that proscribing is welcome but is not the end of the process. It is about how we ensure that it is implemented not just alone but with our allies in order to ensure that this evil network is halted in its activities, which are against humanity.

[Lord Polak (Con)]

My Lords, I thank the Minister for the Statement and the Home Secretary for giving the Statement yesterday. This is the right thing to do; maybe it is a bit late in the day but it is the right thing to do.

The problem we have in this area is that we are not always consistent. We have done the right thing here but I have here on my phone the front page of the Jewish Chronicle, published today before the Jewish New Year, which is tomorrow night. The headline reads:

“James Cleverly: ‘We will not ban Iran’s Terror Guards’”.


In everything that was read out by the Minister, you could cut and paste in “IRGC”. The IRGC has done everything—and more, in my view—that the Wagner Group has done in terms of the UK. I know that the Home Secretary and my noble friend the Minister will say it is under review and all of that, but it is the consistency that I hope the Government will look at. In the middle of the interview, it says here that Foreign Secretary Cleverly said that

“he would not ‘speculate’ on whether the policy might change in future, pointing out that any decision of this kind would be taken ‘across government’, not by the Foreign Office alone”.

I welcome that statement because it seems that everybody across government is supportive of the proscription of the IRGC; it just seems to be that the Foreign Office is not. I congratulate the Minister today but I do wish we would be consistent.

[Lord Cormack (Con)]

My Lords, my noble friend makes a very good point, which I am sure the Minister will take on board. I join the noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Purvis, in welcoming what my noble friend the Minister said earlier. Many of us—in particular the noble Lord, Lord Purvis, who was the first to raise this on the Floor of the House—have referred to this matter in the past. This is a truly evil organisation.

What worries me is this: in the light of the brutal events in Russia a couple of weeks ago, with the death of the founder of this ghastly group, what is going to happen in Africa? There is a real danger. I hope that my noble friend, although I realise that he is from the Home Office not the Foreign Office, will be able to give some reassurance that activities in Africa are being monitored as closely as possible and that we are doing all we can to strengthen our relations with legitimate and acceptable African Governments. What is going on at the moment is subversion of the most brutal kind and suppression of nascent democracy of the simplest sort.

I believe that, if we are not careful, bearing in mind the population of Africa by the middle of the century, we will see a danger build up that will distort the very fabric of world civilisation and relations. I think proscription is excellent. It is too late, but it is good, and we are grateful for it, but we must have careful regard for what these people are still doing, even though their dreadful, satanic funder is now dead.

Ports and Airports: Queues

Lord Polak Excerpts

Tuesday 28th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I can certainly reassure the right reverend Prelate that the Home Office takes very seriously its obligations for the well-being of its staff both in Border Force and Immigration Enforcement. I will write to her with the detail of that.

[Lord Polak (Con)]

My Lords, I would like to support the comments of the noble Baroness, Lady Deech. I visited Washington last week and, while waiting in the queues, the whole line of US citizens was being marched through and looked after. We ought to be looking after our citizens in the UK in the same way. I finish by saying that, when I came back to the UK, I waited about two minutes to get through the automatic gates and did not have to wait at all.

[Lord Murray of Blidworth (Con)]

I am grateful to my noble friend. The issue as I understand it is that the legal framework for border crossing in America requires a face-to-face interaction with every passenger; that is the reason for the generation of queues on the other side of the Atlantic. That is not the case here. We use automation and believe that it delivers a faster and more secure border. As for the Americans allowing their own nationals to circumvent the face-to-face interview, that seems to be the logical corollary of their legal scenario; but that would not be relevant here, given the presence of automation.

National Security Bill

Lord Polak Excerpts

Report stage
Tuesday 7th March 2023 Lords Chamber

[Lord Leigh of Hurley (Con)]

My Lords, I have not spoken on the Bill before, and I appreciate that we are very near the end of it, but I am moved to stand by the amendment of the noble Lord, Lord Coaker, which, as it is written, I support.

I have only voted against the Government once and, in retrospect, I think that was a mistake, in that I got confused about what the legislation said. But in this particular instance there is an opportunity for us to stand up and say that the IRGC is an organisation that should be proscribed. It is clear that large parts of government and MPs, including the Tory MPs referenced, believe that, and it is clear that a group of people in the Foreign Office take a different view. That is not a new position. I appreciate that my noble friend is a Home Office Minister and does not have a Foreign Office Minister with him but, none the less, an inflection moment is in front of us. I hope that my noble friend the Minister might find a way of supporting this amendment or explaining how he will satisfy the questions raised tonight.

[Lord Polak (Con)]

My Lords, my noble friend Lord Leigh led the way, and I shall follow. Along with the noble Lord, Lord Alton, I am one of the two Members of this House who have been proscribed by the Iranian regime and the IRGC, and I have consistently called for it to be proscribed by the Government.

I listened carefully to what the noble Lord, Lord Coaker, said and, if there is an issue with the organisation being part of the Government, how were we able, when Sajid Javid was Home Secretary, to proscribe Hezbollah, which had Members of Parliament in Lebanon? This was always the argument against it, but it was done because it was the right thing to do. I remind noble Lords that Hezbollah and Hamas, which we all proscribed, are in fact the unruly children of the parent body—the IRGC, which needs to be proscribed.

[Lord Alton of Liverpool (CB)]

My Lords, it is a pleasure to follow the noble Lords, Lord Polak and Lord Leigh, as well as my friend, the noble Lord, Lord Purvis. He is indeed a friend, but I disagree with the conclusion he reached today. I want to support the noble Lord, Lord Coaker, if he puts the amendment to a vote in the House. I salute the noble Lord, Lord Purvis, for the work he has done on both the IRGC and the Wagner Group; like him, I have seen the consequences of their actions in many parts of the world. I think that proscription is the right thing to do in some circumstances, and I believe that it is right in these circumstances.

Just before the debate on this amendment, I was at a committee meeting upstairs in Committee Room 9, where a young Iranian woman was speaking, during this special week celebrating the rights of women, about the slogan which has been used so often in the protests: “Freedom, Life and Women”. This young woman described atrocities that had occurred to her friends and her own personal experiences. She asked what we were doing about the IRGC and why the television broadcaster Iran International has had to leave this country and go to the United States because it is not safe to operate in west London. How can that be? How can it be that BBC Persian service personnel are constantly harassed as a result of doing their job, even though Article 19 of the Universal Declaration of Human Rights guarantees the freedom to transmit ideas and opinions? That freedom is not permitted by the theocracy in Iran.

As the noble Lord, Lord Polak, said, he and I have been sanctioned, along with Tom Tugendhat MP, to whom the noble Lord, Lord Coaker, referred. This is trivial in comparison to the things that happen to Iranian people and to what we have seen happening to people in the protests in Iran, which are truly shocking. It is trivial when you think about the export of drones from Iran to Russia that are now pouring down on the people of Ukraine. If we fail to take this kind of action—indeed the noble Lord, Lord Polak, and I asked this question in your Lordships’ House back on 18 January, after Alireza Akbari, a British citizen, was executed—what has to happen before they are proscribed? We asked it again on 23 February, in the Moses Room during a Question for Short Debate I tabled about relations between Iran and the United Kingdom. We specifically asked about the division between the Foreign Office and the Home Office and about what was impeding a decision being taken on this matter.

I know the Minister quite well now, and I admire and respect him. I do not expect him to give us a lot of cant from the Dispatch Box, but I hope that he will take back to the Government the feelings of so many of us in this House today who want to support the noble Lord, Lord Coaker, for the reasons he expressed so well.

Police National Computer

Lord Polak Excerpts

Monday 24th October 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I understand where the noble Lord is coming from, and I commend him for his work on this and other matters. Obviously, I am here more to talk about the subject of the Question, but I will take his concerns back, find out more information and write to him.

[Lord Polak (Con)]

My Lords, to return to the question asked by the noble Baroness, Lady Ludford, about Horizon, the words that come to my mind are: “scandalous”, “miscarriage of justice”, “broken lives”, “families financially ruined”—and yet Fujitsu has paid nothing. Talking has gone on long enough. I know there are legal cases, but should not the Government stop any contracts to Fujitsu? It is just morally wrong.

[Lord Sharpe of Epsom (Con)]

My noble friend is right to point out that we are trying to get to the bottom of the Horizon issue. That is why Sir Wyn Williams has been tasked to hold his statutory inquiry. Fujitsu is a core participant and is co-operating fully. Accountability depends on evidence, so I think it is proper to let Sir Wyn hear it before judging any possible consequences.

Police, Crime, Sentencing and Courts Bill

Lord Polak Excerpts

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, before I speak to my Amendment 56, I will start by saying that I completely agree with everything that the noble Baroness, Lady Bertin, has just said. Amendment 56 adds to Amendment 55’s

“domestic abuse, domestic homicides and sexual offences”

the words “and stalking”, to be added to the definition of the serious violence prevention duty. As the noble Baroness identified, this is a keen interest of mine. I also support the noble Lord, Lord Carlile, pushing for a charging review for this range of crimes. Too often, they are either ignored or charged at a much lower crime rate.

The Minister will remember that, during the passage of the then Domestic Abuse Bill, many hours were spent looking at the typical progression of violence in obsessed perpetrators. Some of us asked the Ministers to look at the reverse structure of someone who had committed a crime of serious violence. All too often, the elements of behaviour were there from early on in their fixated behaviour. I understand that that is why the noble Baroness, Lady Bertin, and others have laid their amendment to ensure that this trajectory of behaviour starts to be monitored early; and it also recognises when domestic violence accelerates very quickly. Adding

“domestic abuse, domestic homicides and sexual offences”

is absolutely vital.

But I regret that stalking was not on the list in her amendment, and I will focus briefly on that. First, victims of stalking say that they often do not go to the police until around the 10th worrying event has happened. Shamefully, it often takes many more before stalking is taken seriously by the police. But many perpetrators of stalking, as I have said, progress in their fixated behaviour, and serious violence and homicide are too often evident.

The noble Baroness, Lady Bertin, referred to stalking protection orders. I was pleased when they were implemented, but they are far too sparingly used, and some victims are told, “That’s all you need. It’ll be fine now”. Yet injunctions still have to be taken out and cautions still have to be issued, and, all the while, their stalker’s behaviour is becoming worse and worse.

According to Dr Jane Monckton-Smith, stalking sits at point 5 of the eight points on the homicide timeline, due to the fact that risk to the victim escalates at the point of leaving an abusive relationship. Monckton-Smith’s 2017 study of 358 homicides, all of which involved a female victim and a male perpetrator, revealed stalking behaviour as an antecedent to femicide in 94% of the cases. These figures demonstrate how vital it is to work on prevention for stalking cases.

There is a misconception that stalking is almost exclusively perpetrated by people on former partners and, therefore, probably covered by domestic abuse. This is untrue. The real figure is closer to 50%. Too many victims of non-partner or former-partner perpetrators of stalking report that, the first time that they talk to the police, they are told that they are overreacting, and some, especially young women, are even told that they should be grateful for the attention.

So stalking victims are too often ignored, and that is worrying. There is no other word for it than “ignored”—I know. The man who stalked me and other colleagues—he stalked men, too—over a three-year period grew progressively more fixated. Among other very unpleasant acts, such as abusive anonymous letters and telephone calls, his violence was initially against property—breaking windows, pulling down signs and scratching cars—but, each time, it was a bit stronger, more aggressive and more distressing. It took well over a year and 130 incidents before the police started taking it seriously. But their attitude changed completely when, night after night, he started using a very large knife to slash tyres. Their forensic psychologist warned that they expected that he would start using that knife on his targets next. We all knew who the perpetrator was, and, finally, we saw that the police started to move. He was then arrested quickly, and he pleaded guilty.

More recently, in June this year, Gracie Spinks, who, like many stalking victims, was let down by police because they did not take any of the early reports and link them together, was murdered at the riding stables she worked at by a former colleague from a previous job. She had reported her concerns to police four months earlier. He had turned up unannounced at the stables. Separately, a bag containing knives, an axe, a hammer and a note saying “Don’t lie” was discovered very close to the stables six weeks before Gracie’s murder. That breadcrumb trail was all there, and it was typical of a serious stalker, too—the perpetrator profile is well known. Gracie’s father, Richard, has said that if only the police had connected the incidents, his daughter would not have died.

Neither Gracie’s nor my case would have been covered by Amendment 55. Stalking needs to be added to this section on the serious violence protection duty just as much as domestic abuse, domestic homicides and sexual offences.

[Lord Polak (Con)]

My Lords, I am very pleased to add my name to Amendment 55 and pay tribute to my noble friend Lady Bertin for her leadership on these matters. I was also pleased to have worked with my noble friend, together with the noble Lords, Lord Rosser and Lord Russell of Liverpool, during the passage of the Domestic Abuse Bill.

The amendment in our names is an extension of our previous work. I shall not repeat and rehearse the reasons why it is important that the definition of serious violence for the purpose of the proposed serious violence prevention duty must include domestic abuse, domestic homicides and sexual offences. For me, it is straightforward, and I make a simple appeal to my noble friend the Minister, who was so instrumental in piloting the Domestic Abuse Bill through Parliament with such professionalism, dedication and patience. There is an opportunity to cement and build on that historic and vital legislation, to build on what was achieved, so that it can be possible for the serious violence strategy to recognise domestic abuse and sexual violence. Can it be possible for a serious violence strategy not to recognise them as forms of serious violence? It would be difficult to understand.

The Domestic Abuse Commissioner, Nicole Jacobs, has said that the Government risk missing an opportunity to make a “historic shift” in the handling of this problem. She went on to suggest that this amendment could deliver a step change, ensuring a focus not only on crisis provision but on early intervention and prevention measures to stop abuse occurring. I totally agree with her.

The Home Office’s draft guidance says that local areas “could” consider violence against women and girls as part of the new duty if they choose to. I am still trying to get my head around “could”. How about “must”? This short and succinct amendment is so important, and I just do not understand who could not support it.

[Lord Russell of Liverpool (CB)]

My Lords, I also support the amendment in the name of the noble Baroness, Lady Bertin. I thank her for putting it so cogently and the noble Lord, Lord Polak, for following up.

The Minister has been nothing but consistent in advocating what the noble Baroness, Lady Bertin, described as localism, which is enabling local areas to decide for themselves what they include in their definitions of serious violence. Here I pay tribute—which may surprise some people—to our Home Secretary, because earlier this year, in the wake of the tragic murder of Sarah Everard, she commissioned a study by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, under the leadership of Zoë Billingham, referred to earlier, to look into the circumstances which had allowed the murder of Sarah Everard and so many other women to take place. That report was published three days after Second Reading of this Bill last month.

Police, Crime, Sentencing and Courts Bill

Lord Polak Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Polak (Con)]

I add my congratulations to my noble friend Lord Sandhurst on his maiden speech. We will all benefit from his wisdom. I also welcome the overall thrust of this Bill; there is so much in it that needs to be achieved. My noble friend Lord Goschen raised the important issue of the rights of the silent majority. I may be from Liverpool, and I learned to look after myself, but being stuck in my car at the lights at Parliament Square for over an hour, surrounded by a mob, was not pleasant. I am also grateful to Barnardo’s for its excellent briefing. I concur with its two main points on tackling child exploitation and ensuring that the proposed serious violence partnerships prioritise children.

Earlier this year, the Domestic Abuse Act finally became law. The legislation signalled a major step in improving the support provided to victims and holding perpetrators to account but, to ensure the Act has the fullest of impacts, it is vital that it does not stand in isolation. Its key principles must surely extend to other relevant legislation, which is why I am pleased to join my noble friend Lady Bertin, and the noble Lords, Lord Russell of Liverpool and Lord Rosser, in tabling our amendment.

I am deeply concerned that, in the little over six months since the Domestic Abuse Act received Royal Assent, its spirit and ambition do not appear to have been extended to this Bill. The Bill is designed to improve the way in which our criminal justice system works and it rightly includes a specific focus on how local partners, including the police, must work together to prevent and reduce serious violence.

My noble friend Lady Bertin highlighted that this presents a vital opportunity to prevent domestic abuse and sexual violence from occurring in the first place. She was right to remind us that one-third of all violent crime recorded by the police is related to domestic abuse. Like the noble Lord, Lord Walney, I am therefore at a loss to understand why domestic abuse and sexual violence are not put at the heart of this Bill. Furthermore, I am struggling to understand why they are not specifically recognised as a form of serious violence for the purpose of the new serious violence prevention duty. Explicitly including domestic abuse, domestic homicide and sexual violence would help to guarantee that robust prevention work is rolled out consistently across the country. This is urgently needed to tackle the scale of domestic abuse and sexual violence.

This should include education programmes in schools to help children recognise the early indicators of unhealthy relationships, intervention programmes for perpetrators, and training to help healthcare professionals recognise the signs of domestic abuse and ensure that victims and survivors are referred to specialist support. I urge the Minister, who so ably piloted the Domestic Abuse Bill through this House, to continue that work and extend the definition of serious violence for the purpose of the new serious violence prevention duty.

Domestic Abuse Bill

Lord Polak Excerpts

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

[Lord Mann (Non-Afl)]

My Lords, it is a pleasure to listen to and follow my noble friend Lord Mendelsohn and the other sponsors of these amendments.

I wish to make two brief points. The first is that whenever there is an unequivocal imbalance in power relations, that affects behaviour. The behaviour relayed to me in the context of these amendments particularly concerns women who remain in abusive relationships precisely because, in any definition of “negotiation”, the odds of getting out are stacked against them. One cannot go fairly into a separation negotiation if the other side has additional cards that are greater than the ones you possess. That imbalance affects ongoing behaviour; it will be affecting people’s behaviour now, as my noble friend Lord Mendelsohn rightly pointed out, in cases where perhaps no one will know anything at all other than the woman directly affected. There is a responsibility on the Government to listen acutely to the expertise being brought.

That brings me to my second point—and it is an apposite time to be making it in the context of Lord Speaker elections and people thinking about the size of the House—about the diversity of this place. There is no purpose in having an unelected Second Chamber if it does not represent the diversity of the communities out there. With these amendments and the Government’s arguments against them, we see a juxtaposition of the best and the not so good. Here we see a community effectively represented, by Members from across the range of the political spectrum knowledgably putting forward their expertise to the Government and to the House. But if we are to have a purpose here and carry out the precise role that an unelected Chamber needs to, we need to be far more inclusive of all communities across the country. The amendments, as clearly as any that I have ever seen, absolutely demonstrate the strengths of this House but also, in a sense—and I anticipate that this will be the Government’s response—part of its ongoing weaknesses, in that we are not inclusive enough of all communities.

I congratulate those who have brought forward their expertise from their community for the rest of us. With such cross-party wisdom, it would be foolish of us to ignore that expertise.

[Lord Polak (Con)]

It is a pleasure to follow the noble Lord, Lord Mann, who, as a non-Jew, has done, and continues to do, so much in the fight against anti-Semitism.

The well-informed debate in Committee was a good one and today’s debate has been just as important and impressive. I am delighted to confirm the assertions by the noble Lord, Lord Winston, about his mother, the late Ruth Winston-Fox; she was a force to be reckoned with but also a wonderfully warm, creative and successful campaigner. She clearly produced quite an impressive son, too.

The Bill, which is welcomed across the House and beyond, is about helping as many people who need it as possible. That is why I support my noble friend Lady Altmann’s amendments; as always, she made the case strongly and eloquently. I too am grateful to the Government, specifically on the Front Bench, my noble friends Lady Williams and Lord Wolfson. There can be no doubt in my mind that withholding a get is abusive behaviour. I also pay tribute to the inspiring work of Jewish Women’s Aid.

--- Later in debate ---

[Lord Curry of Kirkharle (CB) [V]]

My Lords, I support the purpose of this amendment, and in doing so I also pay tribute to the work of the noble Baroness, Lady Meyer, on this matter. She has been consistent in her determined efforts to ensure that the impact on children is not forgotten in debates on the Bill and that parental alienation is much better defined than is the case at present. I believe that the Bill would benefit from greater clarification.

It is vital that, among the many difficult and complex issues within the Bill, we consider the impact that parental behaviour can have on their children. Sadly, there are times when the actions of one parent can, over time, damage and diminish the child’s relationship with the other parent.

I decided to participate in this debate because I have witnessed this behaviour and the devastating impact it can have, through manipulation, the loss of self-esteem and confidence, the fear of even correcting a child for misbehaviour in case it results in reporting back to the other parent and, in doing so, perpetuating the abuse and alienation. This can obviously have lasting emotional and psychological effects on the parent but also, importantly, on the child.

As has been stated a number of times, these are complex and sensitive issues, and such instances must be handled with extreme care, bearing in mind the particular circumstances of each individual case. However, when a child is forced into choosing sides in an argument, when the emotional stability and authority of one parent is consistently undermined by the other, this puts the child or children in a potentially traumatic situation. This should be considered a form of abuse and included within the scope of the Bill.

The consequences can include insomnia, depression, lack of confidence as well as long-term difficulties in rebuilding relationships and in relationships with others. This amendment makes it clear that damaging the relationship between a child and a parent is abusive behaviour. By extension, this makes the Bill more thorough in the abuse it identifies and seeks to prevent. I acknowledge the wise advice from noble and learned Lords during this debate, and I hope that the Minister will respond positively to this discussion.

[Lord Polak (Con)]

My Lords, I spoke in support of my noble friend Lady Meyer’s amendment in Committee and do so again. I congratulate my noble friend Lord Cormack, for I agreed with his every word.

I continue to read, and I continue to listen. The arguments have been well made, and again I pay tribute to my noble friend Lady Meyer for her courage and resilience. It is clear to me that there are difficulties, opinions and alternative views—all that is legitimate. What is not legitimate is that the experiences and feelings of those who have suffered from alienation are either denied a voice or told that this does not happen. It plainly does.

The noble Baroness, Lady Chakrabarti, made a sensible point about the danger of creating a hierarchy of abuse, which I agree with. Can my noble friend the Minister assure me that the genuine and real cases of parental alienation—of which, sadly, there are many—must be heard? It could be a severe form of abuse if mention of parental alienation is not made within the guidance.

[Baroness Hoey (Non-Afl) [V]]

My Lords, I have no hesitation in supporting the aims of this amendment standing in the name of my friend, the noble Baroness, Lady Meyer, and others. I feel very strongly that we will listen—I certainly will—to what the Minister is going to say, because there are difficulties. I have listened to some of the opposition to the amendment, although there seems to be a very general agreement on the principles. It has now become a very wide-ranging Domestic Abuse Bill, so I really need to be satisfied that the aims and principles of what we are trying to do in this amendment, and what the noble Baroness, Lady Meyer, is trying to do, will actually be satisfied without the amendment.

I believe that we should use the Bill to protect children and their victim mothers or fathers from psychological abusive and coercive control. During my 30 years as a Member of Parliament, I had many cases of parents, male and female, coming to see me and telling me in harrowing tones what was happening. They did not use the words “parental alienation”—it is a very Americanised term, which I personally do not like. But I listened to the some of the ways in which they talked, very simply—[Inaudible.]

Domestic Abuse Bill

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Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Lord Strasburger (LD) [V]]

My Lords, I support all the amendments in this group but I will focus my remarks on Amendment 167, to which I have added my name. This is a good Bill and it contains many well thought out provisions to help victims and survivors of domestic abuse, but it deals almost exclusively with the support of those victims after the abuse has occurred. That is commendable, but it is not enough. Surely we also need measures to stop abuse happening, so that there are fewer victims and there is less harm done to them and their children.

Amendment 167 focuses on the perpetrator rather than the victim to prevent repeat occurrences with the same victim or, as often happens, with fresh victims. If we want to reduce domestic abuse, we need to change the focus. Instead of asking “Why doesn’t she leave?”, we should be asking “Why doesn’t he stop?” We should be changing the dynamics of abusive relationships, making it clear that responsibility lies with the perpetrators of domestic violence and giving them tools to deal with their behaviour.

We already know, and we have heard again today, that high-quality interventions can substantially reduce or even stop violence and coercive control, which leads to happier and safer lives for victims, their children, and future generations. Amendment 167 calls for urgent research on the assessment and identification of perpetrators. Domestic violence does not come from nowhere. It often builds over time until outbursts of violence become commonplace. For example, we already know that non-fatal strangulation is a common signal of future, more serious violence and even murder. This research should lead to an increasing number of high-quality rehabilitation programmes, which should be checked for quality and based on best practice. The opportunity to make use of such a programme should no longer be a postcode lottery based on whether an appropriate charity is funded in your area. It currently amounts to a postcode lottery as to whether the one or two women who will be killed this week by their partner will be you, your daughter, your sister or your mum.

We should be ambitious in tackling the foothills of domestic abuse issues. Specialist work that challenges abusive attitudes and behaviours should be part of every school curriculum, so that every child knows what an abusive relationship looks like. We can teach the next generation to recognise the warning signs, so that they can avoid ever entering into such a relationship —either as an abuser or a victim. For those children who know all too well what domestic abuse looks like, we can give them the vocabulary and a place to talk about it, and chances to seek help to stop it.

We know that working with perpetrators brings success. The University of Bristol’s three-year study of over 500 cases, as we have heard earlier, shows an 82% drop in physical abuse and an 88% drop in sexual abuse. Similar dramatic drops in stalking and controlling behaviours are also seen after high-quality perpetrator programmes.

Domestic abuse leads to whole families living with the constant presence of fear at home. It leads to victims in a constant state of high alert, concealing physical and emotional damage, terrified almost every moment of every day, but with nowhere else to go. It leads to children feeling frightened, powerless, confused and angry, and their taking responsibility for events over which they have no control. They are unable to concentrate at school, unable to make friends, afraid to go home and afraid not to.

Domestic abuse leads to abusers feeling that the only way they know of staving off loneliness is to carry on controlling, beating, hurting, screaming, shouting and threatening, because no one who had a choice would ever live with them. Perpetrator intervention can reduce and even eliminate this pain, violence and death which leaks from relationship to relationship and generation to generation. We know this and now we have the chance to act on it. Amendment 167 is that chance, and I hope the Government will accept it into this Bill.

[Lord Polak (Con)]

My Lords, one is always left stunned and moved when listening to my noble friend Lady Newlove. I rise to support Amendment 167 in the name of my noble friend Lady Bertin and others. I congratulate her on her clear and persuasive introduction.

As I said last week when moving Amendment 176 in my own name, to truly tackle domestic abuse we must be bold. We need to take a holistic, whole-family approach, with targeted interventions to support adult victims to rebuild their lives, to support children experiencing domestic abuse and to ensure that perpetrators have access to quality programmes to prevent offending and reoffending. It is the quality programmes for perpetrators that Amendment 167 is addressing.

We know from MARAC data that there are at least 53,000 high-harm perpetrators in England and Wales at any given time. We know too that the Drive project which noble Lords have spoken about, set up by Respect, SafeLives and Social Finance, is probably the best-funded perpetrator intervention programme. It has suggested that it is working with just over 2,000 of the highest-harm perpetrators who pose a risk of murder or serious physical harm. It is important, it is praiseworthy and it is life-saving work, but 2,000 out of 53,000 is not even scratching the surface. As my noble friend Lady Newlove explained, so many are in danger now.

This timely and vitally important Bill is very welcome and has so much support, but this amendment is crucial. It is crucial that efforts are made to improve and enhance current perpetrator programmes, but it is also crucial to dramatically increase the number of programmes. I look to my noble friend the Minister to find a way to welcome this amendment, as it will enhance this vital legislation. As my noble friend Lady Bertin rightly said, it has support not only across this House but from countless organisations on the front line, from children’s organisations to the police, LEAs and—perhaps most tellingly—survivors themselves.

[Lord Farmer (Con) [V]]

My Lords, I am also pleased to speak in support of Amendment 167 in the name of my noble friend Lady Bertin. I am pleased to follow my noble friend Lord Polak in his encouragements for this amendment to be made law, particularly because of the emphasis on prevention as well as perpetrators in the strategy. It is essential to focus adequately on perpetrators, but this is late intervention. It needs to be properly matched with a root-and-branch approach to early intervention, preventing, where possible, the precursors to violence and abuse from developing into full-blown perpetration.

There is very little mention of prevention in the Bill as it currently stands, yet adopting a prevention paradigm is indispensable for reducing the staggeringly high levels of domestic abuse reported in this country over the long term. This requires acknowledging that in this area of policy, as in so many others, people cannot be treated as individuals, because their identity, health and well-being fundamentally depend on their relationships. As well as being a crime, domestic abuse is a problem with a relationship or set of relationships, and if we are ever to get ahead of its dreadful curve, a cross-government approach to strengthening families before, during and after abuse occurs is utterly foundational.

I could substantiate this in very many ways. The noble Baroness, Lady Casey, when she led the Government’s troubled families programme, highlighted the ubiquity of domestic violence in the families being helped. Evidence suggests that the most powerful contributors to domestic abuse in our society are rooted in the relationships people have and are witnesses to when they are young. This needs to be addressed in a prevention paradigm. Childhood exposure to domestic violence and child physical abuse are two of the most powerful predictors of both perpetrating and receiving domestic abuse as an adult. Domestic violence between parents increases the likelihood of violence in their children’s later relationships by 189%. The public understand this. Polling carried out by the Centre for Social Justice, albeit in 2011, found that most of the population—73% of adults—think that if we want to tackle domestic abuse, we have to recognise that many perpetrators have themselves been victims of abuse.

Childhood neglect can mean that individuals enter adult life unable to regulate their emotions and communicate with others. They often have intrusive memories of violence, think badly about themselves or others and are at risk of struggling profoundly when they become partners and parents. Obviously, there are other cultural influences, such as misogyny and enduring beliefs that it is okay, under certain circumstances, to resolve arguments with violence. These can be tackled also with social marketing. In Hull, they put up posters with slogans such as “Real Men Don’t Hit Women”.

Low income is consistently associated with, and indeed worsened by, domestic abuse. Victims’ ability to work is hampered by psychological and physical effects, and restricting their access to work is a form of abuse of economic control. Money worries make conflict about finances more likely to trigger aggression. It can also threaten men’s identity where lack of money is associated with lack of male power. Men denied power through social status can seek it in violence, social control and subjugation of women.

Alcohol and drugs are also massive drivers. In almost two-fifths of domestic violence incidents, the perpetrator is under the influence of alcohol; in one-fifth of cases, under the influence of drugs; and sometimes, both. Substances hamper social and problem-solving skills and the ability to control emotions and they lower inhibitions, but the link between alcohol and violence is socially learned. This and the other factors cited above, including adversity in childhood, are never excuses; they simply help to explain. Many men and women with the most desperate back stories never resort to abuse. They may even determine to alchemise adversity into kindness towards themselves and others.

Finally, if we are to prevent revictimisation, we have to recognise that victims are often unable to break free of the psychological drivers embedded in their past experiences. These can contribute to them becoming enmeshed in an abusive relationship in the first place, and help explain why they feel so ambivalent towards the perpetrator and end up in other abusive relationships. Between 40% and 56% of women experiencing domestic abuse have had a previously abusive relationship. In one study, 66% of refuge residents had previously left and returned to their abusive partner; 97% of these women had done so on multiple occasions. These are sobering statistics because the impact of abusive relationships is cumulative; so much of the harm associated with domestic abuse is due to multiple victimisation.

I hope that I have given the Government a steer as to what a prevention strategy would look like. It would acknowledge the effects of low income, substance misuse and culture, but primarily focus on early intervention in families and be explicit about the relational character of domestic abuse. It would highlight the role of family hubs as places people can go to get help in this area, including when early signs of violence are seen in children and young people. In summary, families and family relationships can no longer be neglected in solutions to this most heinous of social problems.

Domestic Abuse Bill

Lord Polak Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I was pleased to add my name to Amendment 101, which in some ways follows on from my group of amendments on social security, debated last Wednesday.

If we had a decent social security system that provided genuine security to survivors of domestic abuse, including economic abuse, and still had a national emergency scheme like the Social Fund, we might not need local welfare assistance schemes. As it is, such schemes, which constitute the final safety net—leaving aside charitable support—are in a parlous state, despite the welcome injection of cash to help cope with the pandemic.

When local welfare assistance schemes were introduced to replace the national Social Fund, the Government refused to make them compulsory or to ring-fence the money allocated, despite your Lordships’ best efforts. It is no surprise, therefore, that when local authorities are strapped for cash because of years of cuts, research by the Children’s Society last year found that one in seven local authorities does not even run a scheme any more. It found that, of 121 authorities that provided spending data, about three-quarters spent less than half their allocated budget on local welfare assistance schemes. That budget has itself been cut, so that overall, it stands at less than half the money that was allocated to the Social Fund it replaced.

As the noble Baroness, Lady Burt of Solihull, has pointed out, the lack of any regulation has given rise to our old friend the postcode lottery, which is particularly damaging to domestic abuse survivors who might find themselves excluded by local connection criteria if they have moved local authorities to escape their abuser. A woman might find herself excluded because she is subject to the “no recourse to public funds” rule. It is essential that any guidance issued under this amendment, should it eventually pass, ensures that these groups are covered.

More generally, domestic abuse survivors need the security of knowing that they can get appropriate help from local authorities and not just help in kind which may well not be appropriate. It is not good enough that we have to rely on a charity to provide basic information on state local welfare assistance schemes because central government have taken the Pontius Pilate approach and washed their hands of all responsibility for the schemes, ignoring the recommendations of the Work and Pensions Committee in a previous Parliament.

Paul Maynard MP on the Government Back Benches is leading a cross-party call tomorrow in the Commons for a review of local welfare assistance schemes, supported by among others former Secretary of State Iain Duncan Smith. Mr Maynard stated:

“We need to ensure we learn the lessons of the pandemic to embed a better provision of emergency support for some of the most vulnerable in our society.”

This amendment would at least require central government to exercise some responsibility towards this particularly vulnerable group of people and it therefore deserves support.

I also want to speak briefly in support of Amendment 176, leaving it to the sponsors of the amendment to make the case more fully. I am sure no one would dispute the importance of specialised domestic abuse provision for a range of minority groups, including particular provision by and for domestic abuse victims and survivors. It is just such provision which has been particularly vulnerable to funding cuts and changes in commissioning practises in recent years, as was discussed earlier. That is sufficient reason for supporting this amendment, but it would also go some way to redress the balance, following the welcome introduction in the Bill of a duty on local authorities to assess the need for accommodation-based services by ensuring the duty in this new clause covers community-based services. As important as accommodation-based services are—they are very important—the Justice Secretary noted at Second Reading debate in the House of Commons that 70% of domestic abuse victims never set foot in a refuge. Many of them will seek support from community-based services.

The Government say they need more evidence about the need for community-based services and that nothing can be done until the domestic abuse commissioner designate has completed her investigation. However, the domestic abuse commissioner herself and organisations on the ground insist there is ample evidence to make legislative provision now. What further evidence do the Government need?

In Committee in the Commons, the Minister assured MPs that

“the Government are committed to addressing”

Whatever the domestic abuse commissioner’s findings are,

“that the commissioner will publish her report under clause 8”,

and the Government are

“required to respond to it within 56 days.” ”—[Official Report, Commons, Public Bill Committee, 11/6/20; col. 249.]

That is all well and good, but this Bill will be on the statue book by then. The chances of another Domestic Abuse Bill coming along in the near future must be slim—just look at how long it has taken us to get to this point on this Bill. I hope the Government will listen to the experts, the domestic abuse commissioner designate and organisations on the ground and extend the duty on local authorities to assess the need for community-based services and accept this amendment as a way of doing so.

[Lord Polak (Con)]

My Lords, I rise to speak to Amendments 176 and 177, in my name, and I thank the right reverend Prelate the Bishop of Derby, and the noble Lords, Lord Russell of Liverpool and Lord Rosser, for their support. Amendment 176 is broad, and, to try to help the House, the right reverend Prelate the Bishop of Derby will speak to non-discrimination and the need for specialist services; the noble Lord, Lord Rosser, will speak on community-based services and how they support victims and provide perpetrator programmes; and the noble Lord, Lord Russell of Liverpool, will speak to the unintended consequences that the Bill risks having.

As I said last week, I am delighted that it is my Government who are putting forward this Bill, which has my strong support. I thank Barnardo’s and the Equality and Human Rights Commission, among others, for their help and advice.

At the outset, I welcome the announcement today of £40 million funding for community-based sexual violence and domestic abuse services. The Government have acknowledged the effect that the pandemic has had. This welcome government support only strengthens my argument that community-based services need long-term and sustainable funding. I hope the Government can solidify their good intentions by announcing that they will place community-based services on the same statutory footing as accommodation-based services.

The noble Baroness, Lady Lister, was right just now. On 16 June last year, the domestic abuse commissioner designate wrote to the Domestic Abuse Bill Public Bill Committee in the other place to follow up on her oral evidence to it. I am happy to quote from her letter:

“As I said in my oral evidence, I strongly welcome the Ministry of Housing, Communities and Local Government’s proposal to require Local Authorities to provide accommodation-based services, but it must go further. In order to address the breadth of domestic abuse services, the statutory duty must encompass those community-based services that are accessed by the majority of victims, survivors and their children, and must also include quality provision for perpetrators. I have very real concerns about Local Authorities redistributing their funding simply to meet the statutory duty, and therefore deprioritising those critical community-based services that can intervene earlier and prevent a survivor from being forced to flee to a refuge. There is already ample evidence to support this, and while my mapping work may well add to this evidence base, it is wholly unnecessary for Parliament to wait for it to complete before considering this issue.”


This is very clear. The commissioner designate acknowledges that the exercise will provide useful analysis of spending by local authorities on community-based services, but, crucially, she says that Parliament does not need to wait in legislating. She said this in June, and she has not changed her mind. This governmental concern about waiting is not shared by the commissioner and so many others, and I ask my noble friend the Minister to look at this again.

The other main concern has been the need to consult other public authorities. The new clause in Amendment 176 is structured so that it would improve service provision with immediate effect, with public bodies able to take into account relevant circumstances in deciding what constitutes “reasonable steps” and sufficiency. Taking new information into account, the nature of what constitutes “reasonable steps” and sufficiency will change accordingly as and when the outcome of any consultation or mapping exercise becomes available.

Many agencies are needed to tackle domestic abuse: among them are the police, housing, children’s services and the NHS. A multiagency approach is critical to ensuring that victims of domestic abuse are able to live and rebuild their lives free of abuse. The amendment brings these agencies together in a holistic approach.

The path to tackling domestic abuse is ensuring that all victims, adults or children, are able to access the support they require to recover from the trauma that they have experienced. For some victims, fleeing their home and seeking refuge in safe accommodation —a truly traumatic event in itself—may be their only option. Of course, this is no easy decision to arrive at: they may move miles away from their support networks and abandon their possessions and, sometimes, livelihoods, and their children may be taken out of their school—all for the pursuit of safety, while the perpetrator remains in the comfort of their own home.

For many victims, leaving home is just not an option: 70% of domestic abuse victims never set foot in safe accommodation, and it is clear that victims who are disabled, elderly, BAME or LGBTQ all face additional barriers to accessing safe accommodation—not to mention the vast number of child victims who are trapped. This is why I urge the Government to be bold and ensure that the Bill will help as many people in need as possible.