Public Order Bill

Lord Shinkwin Excerpts

Report stage
Monday 30th January 2023 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, I support the amendment from the noble Baroness, Lady Sugg, to which I have added my name. I do not support the review in the amendment from the noble Lord, Lord Farmer. Everybody has been careful not to say that there is no evidence but that there is insufficient evidence. I think there is clear evidence that there is a problem. In fact, the international response of other jurisdictions shows that it is not just a UK problem; I am afraid it is a more widespread problem than that. I think there is a need for a new law, and I support this particular amendment because it is a reasonable response to an unreasonable challenge at the moment.

I did some research with officers who are trying to deal with these problems at the moment to see whether this response looked reasonable. First, those who oppose Amendment 45 say that it prohibits protests. Of course, that is true, but we had that this afternoon here: you cannot protest here. It is not the only place in the United Kingdom where people cannot protest. We are talking about 150 metres around a relatively small group of places, that are the only places women can approach for this sort of treatment—it is a legal treatment though I accept that people have strong views about it. One hundred and fifty metres is really quite a small area.

Secondly, people say that public space protection orders should be used as an alternative. I am afraid that the problem is that they are not working in the way that was intended because they were not intended for this problem; they were intended to help local authorities deal with various unspecified problems. In some areas, drivers were parking up because they were trying to get to a certain place and people who lived in that area were having problems with engines running all the time, so it was used for that sort of thing. It is a very vague power which has been useful with many problems, but it has not proved particularly helpful with this one.

One of the challenges is that local authorities have many priorities, and this is not always one of them. They have challenges around budgets, so they cannot always go to court—so often, even if there is a problem, these protection orders are not being applied for.

The second problem is that, with each local authority approaching this in its own local way, the wording is inconsistent. The police are asked to apply them consistently, but each wording is different—whether there is intent there or whether there is not—and that really has caused a challenge.

The police have been criticised a couple of times today for their lack of action sometimes, but they are taking action in some of these cases: in fact, there have been complaints about the fact that they have arrested people who were praying. Although that has been used as an example of something draconian, in the cases where people have been praying the CPS has declined to prosecute. All that the police have done is make an arrest. They do not decide to prosecute: that is the decision of the prosecutor. In these cases—for example, in the West Midlands case—the decision has been based partly on the fact that no one can be sure whether a person who is praying is going to protest against or support abortion, so how could they possibly make a decision about prosecution?

Secondly, there was a case where an individual had displayed within a zone a protest sticker or protest banner within their vehicle that talked about murder and abortion. In that case it was not about a lack of evidence; the CPS decided it was not in the public interest to continue. So I am afraid we are not seeing prosecutions and we are seeing dilemmas, and people are saying that there are complaints about people’s behaviour.

Another challenge is that the women who are most affected by this do not want to make complaints. Why would you? You are at your most vulnerable. You do not want to be identified. You certainly do not want to go to court and be a witness. In some people’s cases, they have come to mainland UK to receive abortion services, not having been able to obtain them in another part of the UK—so why would they want to advertise the fact that they have got involved in an abortion service? So this has relied a lot on the staff.

The staff’s view is also important. Every patient who is affected—badly, in my view—is affected only on the occasion when they seek assistance, but the staff are there all the time, day in, day out. Imagine the pressure on them as they go to their job, which they take to be helping somebody to improve their life, or at least to travel forward in a different way.

The aggravated feature for me of the behaviour being complained about is that these women are en route to a treatment that they cannot obtain anywhere else. As I mentioned earlier in my question, I do not really think these are protests. Where there is not an order in place, the people protesting are directly outside the entrance or exit of these buildings, directly approaching the women who are going to seek a service. This is not about trying to convince the Government. It must be the least effective form of protest if it is trying to influence the Government. People in here are saying they did not even know there was a problem—so how can it possibly be that that has been an effective form of protest? I am afraid that is not really a sound argument.

If that is the best place where somebody can seek to influence someone, there is already a law saying that when someone is seeking abortion services, they should seek advice about other options. If they need financial support, adoption or any of the other things that might help somebody in these terrible circumstances—the dilemmas that I sure they must face—the law says they are entitled to that support from the medical advisers and from other people who will help them. The least effective way, surely, has to be shouting across the street or handing out a leaflet at the point where somebody is trying to get treatment and already has a dilemma. I cannot see that that is a sensible way to address the particular problem that we are talking about.

It seems that this gets worse at certain times of the year. More protesters turn up at abortion clinics during Lent. Why should women who have to go during the Lent period have to face more pressure than the women who go at a different period? That is someone else’s view.

I want to address the point about prayer. I think we all understand why prayer is particularly sensitive. Of course nobody wants to ban it, but not everybody finds prayer a supportive thing. I say this with respect to the bishop and as a Christian, but not everybody reacts in the same way. You cannot assume that a prayer expressed on the street is something that everybody wants to receive, and in my view they have every right to resist, or not to be faced with that dilemma. We have to keep that in mind too.

The only final thing I would like to say is that we have talked about behaviour in very general terms, but some of it has been abhorrent: handing out dolls in various stages of development, handing out protest leaflets that are very explicit on what people are complaining about, and judging people at a point when they have a very difficult decision to make. I say finally that this chanting carries on can be heard in the clinics—it is very obvious when you think about it, but I had not until the weekend. At the point at which women are receiving treatment, they can hear this chanting and hymn singing outside. Would you like it, in any medical treatment? It is just not acceptable and something needs to be done.

I like the tone and broad direction of the amendment from the noble Baroness, Lady Morrissey, but I worry, that with people’s human creativity and that 150 metres around the clinics, they would be very creative and the only people who would suffer from that would be the women. So I cannot support that amendment, but I understand why it was made. Finally, I will say that I support Amendment 45 for the women’s sake, for the sake of people who are employed there, and for anybody else who might be visiting at the very time that these protests are being made.

[Lord Shinkwin (Con)]

My Lords, I rise to speak in support of the pragmatic way forward, provided by cross-party Amendment 44 in the name of the noble Lord, Lord Farmer, and the noble Baronesses, Lady Fox and Lady Hoey. I thank them for tabling it, and I do so for a particular reason. Some would have us believe, as we have heard in this debate, that this is simply about abortion. Noble Lords should be clear: it is not. There is so much more at stake that should concern us all. This amendment gives your Lordships’ House the opportunity to chart a more measured way forward that avoids the perils of passing a law that undermines a hard-fought fundamental freedom: the freedom of conscience—a freedom that, surely, it is our responsibility and our privilege to champion and, most certainly, not to undermine.

I will not rehearse the points I made when we last considered this clause. Suffice it to say, it frightens me, because it threatens freedom of conscience and creates a precedent with potentially huge ramifications, which should surely alarm and unite all of us who value democracy. Some noble Lords have mentioned urgency—even emergency legislation. This is why we cannot afford to rush headlong without a review—just a review, not a final decision—being conducted first so that, in line with subsection (4) of the new clause proposed by Amendment 44, the proportionality of the measures proposed in Clause 9 can be carefully considered in the round, taking the views of all the stakeholders, including, of course, abortion providers, into account. We talk in this Chamber about the danger of passing legislation with unintended consequences. This clause proves our point perfectly. It has danger written all over it.

I say to any noble Lord who does not care about the risks of undermining freedom of conscience, about setting dangerous precedents or about passing laws brimming with unintended consequences: please, go ahead—vote for this clause and for other amendments. But if any noble Lord has so much as a shred of doubt, I urge them to vote for the review which, I repeat, is not a final decision. It is simply a review, proposed by Amendment 44.

Public Order Bill

Lord Shinkwin Excerpts

Committee stage
Tuesday 22nd November 2022 Lords Chamber

[Lord Shinkwin (Con)]

My Lords, it is a pleasure to follow my noble friend and to be educated by him.

I speak in support of the amendment in the name of my noble friend Lord Farmer and those listed on the Marshalled List. I should reiterate at the outset, lest anyone be in any doubt, that I do not take a position on abortion per se. However, as a disabled person I take a position on equality and, I am afraid to say, absolutely object to human beings diagnosed with my condition—brittle bones—being denied their equal right to grow up to be strong women and men on account of their diagnosis. That those who supposedly champion equality can reconcile such a claim with such lethal disability discrimination is something I will never understand.

My reason for speaking in support of Amendment 98 is not dissimilar. For me, as a disabled person in particular, Clause 9 simply does not make any sense. It is perhaps worth remembering that Christians were prepared to be torn limb from limb by lions in defence of their faith, so the idea that some will not see this as an opportunity to take a stand and go to prison for their beliefs, and to bear witness to freedom of conscience, as other noble Lords have mentioned, strikes me as completely unreal. For me to pretend that this is not an inevitable outcome of Clause 9 would be the height of naivety; of course they will do so.

For me, the question is twofold. First, as other noble Lords have touched on, is this really what we want? Do we really want to put the state in the wholly invidious position of locking people up for exercising their freedom of conscience when their only crime would be to bear witness to the serious belief that two hearts beating equates to two lives, interdependent and interconnected but no less individual for that? Since when has that been a crime? I thought it was a medical fact that a beating heart was a giveaway sign of a live human being, and the absence of a human heartbeat, conversely, a clear indication of death. I suggest that the state does not want to go anywhere near Clause 9 and would be much better off conducting a review, as set out in Amendment 98.

Secondly, there is another party in this debate which I suggest has no interest in this clause becoming law: those who support abortion. After all, why risk making martyrs of one’s opponents? We should be in no doubt that, if passed into law, this clause will deserve to be known as the “own goal clause”, because that is precisely what would result: a spectacular own goal. I spent all my career before I came to your Lordships’ House campaigning, much of it in the charity sector, and I would never in a million years have advised any of the organisations for which I worked to pursue such a counterintuitive, counterproductive strategy as Clause 9 encapsulates. No matter how passionately one believes in the clause, giving your opponents both the moral high ground and the oxygen of publicity—because the media will inevitably cover the story of people going to prison for their beliefs—simply does not make sense. It is surely what is known as a lose-lose situation. I wholeheartedly support this pragmatic, common-sense amendment as a way out of the minefield created by Clause 9.

[Baroness Hamwee (LD)]

My Lords, I have Amendment 93A in this group. In the spirit of scrutiny, I wondered what “an abortion clinic” and “abortion services” actually meant. To me they include professional counselling which puts both sides of an issue and all the options. I say that because it seems as if we have got into a rather binary state where this is just about the abortion procedure.

I am convinced that there is a serious problem for women attending some clinics who are seeking an abortion. I am also aware of how activities can move around geographically. I understand that there is not a problem now with the activities that we have been talking about outside places where abortions do not take place but counselling does. However, as the noble Baroness, Lady Sugg, said, activities have moved to new sites; she mentioned one that has been affected for the first time in many years. My amendment is to raise that issue, bothered that what is a problem now could be displaced and become a problem elsewhere. Obviously it is probing the position, but as we are seeking to tackle this, we should do so comprehensively.

E-scooters

Lord Shinkwin Excerpts

Monday 12th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

My Lords, it is probably worth saying that it is not out of control. The statutory instrument for the trials was laid in June 2020, and you can own a private e-scooter but you cannot legally use one on the road. So the rules are clear and I have gone through the figures for how many e-scooters have been seized. But I do not think that there should be an outright ban on them. We should evaluate the trials as and when they finish next year.

[Lord Shinkwin (Con)]

My Lords, the Minister referred to the end of the trials, but, as we have already heard, for disabled people the unchallenged use of e-scooters on pavements is a nightmare that is happening now and needs to be addressed now. When will the Government take responsibility for ensuring that the law is enforced and pedestrians protected?

[Baroness Williams of Trafford (Con) [V]]

I thank my noble friend for his question, which he asked me a few weeks ago when we had the previous Question. I can inform him that DfT Ministers have held four round tables with groups representing vulnerable people. He is absolutely right that e-scooters can be extremely hazardous to people who are hard of sight or not swift on their feet. The last round table we had on this matter was last month. Clearly those groups have raised concerns about the trials and, when the trials finish, we will be able to evaluate the framework for the use of these scooters.

E-scooters

Lord Shinkwin Excerpts

Wednesday 26th May 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

On the noble Lord’s latter point, the Government are making good headway with recruiting 20,000 more police officers, who are operationally independent of the Government. As for the number one objective, of course it will be safety. The elements that rental scooters have that privately owned scooters do not have are unique IDs, rear lights and signalling ability, and I am sure that those factors will be taken into consideration.

[Lord Shinkwin (Con)]

Will my noble friend undertake to ensure that disability organisations, particularly the Guide Dogs for the Blind Association, are consulted by the police about enforcement of the law concerning e-scooters?

[Baroness Williams of Trafford (Con)]

I cannot say whether there is an intention to do that, but I acknowledge my noble friend’s point and will take it back. Not only are these things fast, they are also incredibly quiet and therefore difficult to detect.

Domestic Abuse Bill

Lord Shinkwin Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Lord Shinkwin (Con)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Andrews. I shall focus my remarks on the first half of paragraph (c) in the amendment, which deals with

“the services available to support people with speech, language and communication needs who are experiencing domestic abuse and their children”.

I am sure that all noble Lords welcomed the Government’s assurance in Committee that they are committed to ensuring that victims of domestic abuse and their children get the right support to meet their individual needs. As we know, these are often multiple, complex and interlinked. That means that the right support will necessarily involve a whole range of different professionals in domestic abuse services, so that, first, those individual needs can be identified and, then, the appropriate support can be provided, both to the individuals and to the other professionals working with them.

It may sound to us like a no-brainer, but, of course, for those with communication needs, it is absolutely vital that the services provided include, as the noble Baroness, Lady Andrews, so cogently argued, speech and language therapy services. It is worth considering for a moment what difference that provision can make to people who have experienced domestic abuse, their children and the professionals working with and supporting them. Is it marginal or insignificant? Perhaps it is just an optional extra.

I suggest that, before we answer, we just pause and place ourselves in their shoes. Let us imagine how much being unable to communicate would compound our sense of vulnerability, anxiety and distress, not to mention the real danger in which we as a victim might still be. Only when we have answered that question can we presume to say whether support really matters.

What does that support look like? I suggest that it has three key aspects. First, it would ensure that any communication needs that people who had experienced domestic abuse, or their children or the perpetrators of domestic abuse, might have were identified in a timely and professional manner. Secondly, it would ensure that the communication barriers to referrals, risk assessments, support programmes and perpetrators’ preventive and rehabilitative sessions were removed. Thirdly, and no less important, it would ensure that training was provided to professionals in communication needs, in how those needs present and in how to adapt assessments and interventions so that those with communication needs can access and benefit from risk assessments and support services. Such training would enable them to know when specialist involvement from speech and language therapy would be beneficial.

As the noble Baroness, Lady Andrews, explained, much has been made of the statutory guidance. We all know how important it is. That is why it is imperative that a reference to speech and language therapists be included as one of the professions that have a role to play in securing better outcomes for people who have experienced domestic abuse and their children, and in helping prevent domestic abuse by contributing to work with perpetrators.

How warmly an assurance on that point from my noble friend the Minister would be welcomed by me and other noble Lords, by the excellent Royal College of Speech and Language Therapists—of which I am proud to be a vice-president—and, of course, by victims of domestic abuse with communication needs, on whose behalf, as someone who himself has communication needs, I wholeheartedly support these amendments.

Domestic Abuse Bill

Lord Shinkwin Excerpts

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

[Baroness Brinton (LD) [V]]

My Lords, I too thank the noble Baroness, Lady Campbell, for tabling these amendments, and am grateful for the earlier work done by the noble Baroness, Lady Grey-Thompson.

I will start by commenting on the relationship between a disabled person and their carer. It is difficult for someone who is not disabled to understand the intimate nature of that care which has to be given, and the relationship which inevitably builds up, whether the carer is paid or unpaid. The language talks about a “lived experience”, which trots glibly off the tongue, but it is not easy. At best, it is a relationship of trust, where the carer supports and enables the person being cared for to live the life that the disabled person wants to live themselves. But there are some cases where the behaviours of the carer are not beneficial, but are controlling, coercive or physically abuse, yet they fall outside the domestic abuse definition. That is why it is so important that the definition of “personally connected” is recognised. It is such a neat solution, and as the noble Baroness, Lady Campbell, has pointed out, it is vital that the definition is similar to the definition in the Serious Crime Act. She is right: they are complementary and will provide consistency and coherence between the Bill and the 2015 Act.

The noble Lord, Lord Hunt, in his excellent speech just now, referred to the excellent work of Stay Safe East. One of the women helped by Stay Safe East said:

“They think just because I’ve got a learning disability, I don’t know it’s wrong to treat me like that. I just want to be safe and live my life.”


Mencap points out that people with learning disabilities can be abused by any type of personal carer, not just in establishments such as Winterbourne View. The problem with private care at home is that often it is not visible at all. That is why these amendments are so important. The Bill needs to understand that the relationship between disabled people and their personal carers is akin to the familial and relationship definitions used elsewhere in domestic abuse legislation.

I hope the Minister will take on board the views of the noble Baroness, Lady Campbell, and the large number of disabled Peers speaking to her amendments, and the wider community of disabled people who need this protection.

[Lord Shinkwin (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Brinton. As International Women’s Day draws to a close, I thank the noble Baroness, Lady Campbell of Surbiton, for introducing what is surely a practical, common sense set of amendments. She has identified a significant gap in protections for victims of domestic abuse. To her credit, through these amendments, she has also identified an expert and eminently sensible solution. I suggest that we are in her debt for her wisdom, her fortitude and her foresight.

I say that because this is as much about us here today in your Lordships’ House, and those noble Lords watching this debate and contributing to it virtually, as it is about anyone. One has only to consider the average age of noble Lords—well over 50% are aged 70 and above—to realise that we are in fact among those who most urgently need this reform. Lest we are inclined to tell ourselves that this is about “them”, “the other”, “over there”, those whom non-disabled people so often describe as “the disabled”, we should consider these simple facts. According to the World Health Organization, 15 million people have strokes each year worldwide. Of these, 5 million die and another 5 million are permanently disabled. According to the Stroke Association, here in the UK 100,000 people have strokes each year. Stroke strikes every five minutes. In other words, acquiring a severe, incapacitating disability can happen to any of us.

Domestic Abuse Bill

Lord Shinkwin Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Andrews (Lab) [V]]

My Lords, I have signed this group of amendments, introduced by the noble Lord, Lord Ramsbotham, with such conviction, because this area of domestic abuse is even more hidden from outside view than is normally the case.

The ability to defend oneself depends so much on the ability to use language—to express grief and hurt and to offer explanation and defence. We know that, for young people and children in particular, communication difficulties—difficulties in being understood and in understanding—can lead to invisibility as well as inaudibility. At worst, they lead to bullying in school and throughout life. These young people live at the heart of a perfect storm. Disabled people, shamefully, as we have learned throughout this debate, experience disproportionately higher and more prolonged abuse. They cannot as easily protect themselves or find protection. Their children, even if not directly abused themselves, will observe all of this—and, equally shamefully, disproportionately. Witnessing a parent being abused is itself the most hideous form of abuse. The children live with this violence and misery as victims and observers, silently and alone.

We can all understand that, but research underpins it and shows categorically that abused children are likely to have poor language and social skills. As research by Refuge has also found, they become afraid of the very people they count on to love them. It is no wonder that pre-school children shrink away into silence. While their disabilities grow worse, other children exposed to domestic violence are likely to be at risk of developing significant speech and language problems. Again, research documents a significant difference in hearing and speech development.

If that is combined with learning difficulties, as is often the case, children neither know what is happening to them, nor can they explain to other people what it feels like, except that many must feel that it is all their fault. The impacts are deep and lifelong. It is hard to imagine the mental torture for a child seeing a parent being violently hurt, and having to stand by, imprisoned by fear and locked in silence. Lifelong impacts must be at least loss of confidence in all relationships, as well as on learning.

We want to take the opportunity in the Bill not just to recognise the particularly vulnerable and dangerous situation that those children and young people face but, through these amendments, to build in agency and capacity for change. The first step must be, as set out in the amendment, to recognise and articulate the issue. The amendment would place a legal duty on the domestic abuse commissioner to ensure that the good practice that the commissioner must encourage has to include the identification of and appropriate support for communication needs. Given that there is no reason on earth why the Government should not accept the amendment, in all humanity, we ask the Minister how she sees this operating in good practice.

Amendment 92 and subsequent amendments in the group would embed agency at the level of local authority and practice, so that the needs of those children are made explicit in the local strategy, ensuring that they have a champion and advocate, a speech and language specialist. Such services are reflected in later amendments dealing with the courts. The Royal College of Speech and Language Therapists put it powerfully, stating:

“It would help support not just those affected by domestic abuse, but also the other professionals working with them to understand the links between domestic abuse and communication needs, how the latter may present and their impact, and how to respond appropriately”.


As with so much in this Bill, every aspect of every abuse that we are seeking to correct has taken on more complexity and urgency. However, this group of amendments has a particular moral force. It is primarily about victims of domestic abuse and their children, who are already at a great disadvantage and not well served by present services. They need extra help in this Bill. Your Lordships can make sure that they get it.

[Lord Shinkwin (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Andrews. I am delighted to be a co-signatory to these amendments as someone who has speech, language and communication needs, and as a proud vice-president of the Royal College of Speech and Language Therapists.

I hope that noble Lords might indulge me if I share a detail of my life that has a considerable bearing on why I am supporting these amendments. Yesterday marked exactly 25 years since I should have died. It is slightly surreal to hear myself say that. Yet I will always remember the answer to my question, “What are the odds on my making a complete recovery from the operation?” The response was to the point: “I am afraid I cannot give you odds on survival”. My life was saved by the incredible skill of my neurosurgeon, Anne Moore, and maxillo-facial surgeon, Daniel Archer, who went through the back of my mouth to access my spine and brainstem. I lived to tell the tale, obviously, but the shock of losing the ability to speak and the immense sense of isolation and vulnerability that went with that will stay with me for ever, as will the trauma of three frustrating years before further surgery enabled me to speak intelligibly again.

To compound the anguish of that experience by adding domestic abuse to the situation hardly bears thinking about. So, while I cannot speak from the perspective of someone with communication needs who has suffered domestic abuse, my personal experience teaches me that the changes outlined so eloquently by the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Andrews, are needed.

A central lesson, for me, of the Disability Discrimination Act 1995 and the Equality Act 2010 is that change does not happen by accident. It needs to be continuous and to be codified and embedded in practice. So, I support placing a legal duty on the domestic abuse commissioner to ensure that the good practice they are required to encourage includes the identification of and appropriate support for communication needs, in line with the amendment.

The measures provided for by these amendments are necessary. Local domestic abuse strategies need to detail how the local authority will identify and respond to communication needs. Domestic abuse local partnership boards need to include a speech and language therapist. Rules of court must include the provision of appropriate support for those with communication needs, and any guidance issued under the clause referred to in connection with Amendment 187 should include information on the links between domestic abuse and communication needs and, just as importantly, the impact that witnessing domestic abuse, as the noble Baroness, Lady Andrews, explained so clearly, can have on children’s communication needs.

Domestic Abuse Bill

Lord Shinkwin Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

After our next speaker, the noble Lord, Lord Shinkwin, I will be calling the noble Baroness, Lady Warwick.

[Lord Shinkwin (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Armstrong of Hill Top. I am delighted to speak in support of these amendments and join previous speakers in praising For Baby’s Sake. I will keep my remarks brief.

These amendments go with the grain of this widely welcomed Bill, and this visibility in public policy is essential if action is to follow. It follows that babies, both before and after birth, must figure in the Bill in the way that is specified in these amendments if their vulnerability to domestic abuse is to be taken into account. As my noble friend Lady Stroud and the noble Baroness, Lady Armstrong of Hill Top, both made clear, the statistics on the percentage of women who experience domestic abuse during pregnancy throw the importance of addressing this issue into sharp relief. As a lay person, it strikes me as entirely logical that the added stress resulting from domestic abuse of a mother instinctively desperate to protect her child—especially when it is at its most vulnerable in her womb—will be communicated to the baby and have a negative impact on its physical and neurological development. As we have heard, this has lifelong consequences for physical and mental health, and economically.

These amendments are entirely logical and add to the beneficial impact of this important Bill. I very much hope that the Minister will see fit to respond positively to them.

[Baroness Warwick of Undercliffe (Lab) [V]]

My Lords, the Domestic Abuse Bill offers an opportunity to deliver substantial improvements to the way we respond to domestic abuse and other forms of violence against women and girls. In preparing for this Bill, we have received a great deal of excellent briefing, and some very brave women have shared their horrendous stories of violence against them and of the impact that it has had on their children. Too often, children are the hidden victims of domestic abuse, and I was particularly struck when I read the briefing from For Baby’s Sake and the Institute of Health Visiting arguing that there are baby “blind spots” in policy, planning and funding which we, in this Bill, could do much to address.

I am no expert in this area, and I was startled to discover that about 30% of domestic abuse begins during pregnancy, although perhaps not so surprised that of those women who suffer abuse, 40% to 60% continue to experience abuse while they are pregnant. The consequences for those children later in life, and for public policy and expenditure as a result, are incalculable. The Covid pandemic has exacerbated this situation dramatically. The December 2020 survey by the Institute of Health Visiting found that 82% of health visitors reported an increase in domestic violence and abuse. In an earlier survey, 83% had perceived an increase in perinatal mental health issues.

As others have said, the first 1,001 days of a child’s life from pregnancy are crucial in safeguarding and nurturing babies’ development. Domestic abuse during this period increases the risks of poor outcomes and has an impact on long-term life chances. It is linked with poor mental and physical health, impaired social development and lower academic achievement, so it is really important to ensure that in the Bill, the definition of “children” includes babies to ensure that they can specifically benefit from targeted interventions to support parents, that the impact on them is recognised in the collection of data, and that they can be highlighted in the domestic abuse commissioner’s encouragement of good practice.

When she concluded at Second Reading, the Minister said, as the noble Baroness, Lady Stroud, reminded us:

“No age group has been left out of the debate, including the unborn child and the foetus.” —[Official Report, 5/1/21; col. 124.]


I am glad to support the spirit of these amendments to ensure that this is reflected on the face of the Bill.

Domestic Abuse Bill

Lord Shinkwin Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Shinkwin (Con)]

My Lords, I join other noble Lords in welcoming this Bill. As we descend into what we know will be for some people, particularly victims of domestic abuse, quite literally the hell of a third lockdown, I agree with the noble Baroness, Lady Andrews, that the Bill could not be more timely. My noble friends the Minister, Lady Bertin and Lord Polak, the noble Lord, Lord Dholakia, and many other noble Lords, have referred to the increase in reports of domestic abuse over the last nine months, which of course coincided with the first two lockdowns. It is absolutely right that we should prioritise this Bill now.

It is a shocking and disturbing fact that people with disabilities, including those who have speech, language and communication needs, are twice as likely to experience domestic abuse, at greater severity and for longer periods of time. Moreover, people with such communication needs are also found to be at greater risk of gender-based violence.

I will never forget the trauma of having to learn to speak again following life-saving neurosurgery in my early 20s. It took me years, and the frustration of not being able to make myself understood was at times unbearably painful. But the effect of that exasperation, isolation and vulnerability being compounded by domestic abuse—including, as my noble friend the Minister said in her opening remarks, emotional and psychological abuse—is unimaginable. Sadly, this does happen, which is why, like the noble Baroness, Lady Andrews, I support the Royal College of Speech and Language Therapists, of which I have the honour of being a vice-president, in its call for the Bill to be strengthened in a number of respects.

First, a duty should be placed on the domestic abuse commissioner to ensure that the good practice that the commissioner is required to encourage includes the identification of, and appropriate support for, victims with communication needs. Secondly, this should also be reflected in local authorities’ strategies. Thirdly, the definition of domestic abuse support should include the provision of information, and all communications relating to support should be in accessible and inclusive formats. Fourthly, special measures should be introduced to allow people with disabilities and communication needs to give evidence in private. Finally, where appropriate, speech and language therapists should be able to serve on the domestic abuse local partnerships boards.

I would be very grateful for any reassurance that my noble friend the Minister can give me on these points, either in her closing remarks or in writing.

Licensing Act 2003: Post-Legislative Scrutiny (Licensing Act 2003 Report)

Lord Shinkwin Excerpts

Wednesday 20th December 2017 Lords Chamber

[Lord Shinkwin (Con)]

My Lords, I too congratulate my noble friend Lady McIntosh of Pickering on securing this debate and I thank her and her committee for using their inquiry as an opportunity to look at an issue of huge importance to the UK’s more than 11 million disabled people—disability access, in this case to pubs and other licensed premises. Equal access is a fundamental tenet of disability equality, so I welcome the committee’s pragmatic consideration of how we can make practical progress on the issue, almost a quarter of a century after the then Conservative Government introduced their landmark disability rights legislation, the Disability Discrimination Act, or DDA, and the duty to make reasonable adjustments.

Twenty-two years is an awfully long time to wait for a pint. Sadly, it is no laughing matter because, if the Government’s response to the committee’s recommendation is anything to go by, disabled people could still be waiting in another three years’ time, when the DDA turns 25. To put that in the context of yesterday’s debate, had the Burns report’s recommendations been implemented in 1995—the same year as the DDA became an Act—a person could have been ennobled, served in your Lordships’ House for 15 years, retired seven years ago and yet still be waiting to be able to get into their local pub! So to say that the Government’s response to Recommendation 25 of this report is inadequate, particularly their intention to hold yet another consultation with disabled people, is, I am afraid, to be charitably polite.

Of course, I welcome the manifesto commitment, which the response highlights, to review and amend regulations relating to disabled people’s access. I helped write it. I most definitely did not help write the response to this recommendation, which I fear is a carefully worded, sensitively put, insult. In contrast to the manifesto, it is a feeble fig leaf for yet more of the same— more inaction. What worries me most is that we seem rapidly to be getting to the point where my party is in danger of effectively disowning its own DDA. How can I say that? Sadly, all too easily, because, had we pursued such a passive approach to tackling disability discrimination 20 or so years ago, there would never have been a DDA. It simply would not have reached the statute book, and the Conservatives would not have been able to claim the credit for having accepted that, in the case of disability rights, change does not just happen by accident. It requires government action. In its absence, we are instead going backwards.

Why am I banging on about disability equality for the fourth time in as many weeks? The reason is simple: this matters, and more than some would care to imagine. Our commitment to equality says so much about us, about the kind of society we want to be and about the kind of party which my party, the Conservative Party, wants people to see us as.

Disability is the last preserve of prejudice. No longer, thank God, do we believe that we can treat people less equally because they are women, of BAME heritage or members of the LGBT community, or perhaps all three. But we still treat disabled people less equally, and as a matter of policy and of attitude. How else could the Equalities Minister—the Minister charged with promoting equality—have believed that she could somehow get away with compromising the Government and my party by colluding in getting rid of the disability commissioner? How else could the Equalities Minister have believed that she could do this without consulting No. 10, which oversees public appointments, or the then Minister for Disabled People, or disabled people themselves or—heaven forbid—the disabled person who only accepted her offer to join the board of the Equalities and Human Rights Commission because he thought he was being appointed to the position for which he had applied and been interviewed: that of disability commissioner?

As noble Lords will know, I have withdrawn my acceptance of that offer, which was made under false pretences. The irony is that I was misled only because I am disabled. I am not important but the position is, because it gave disabled people the last powerful voice, in the form of a designated champion, that we had. Justine Greening, the Equalities Minister, would never have presumed she could act in such an underhand, disdainful way were I black or gay. Had she done so, her career would already be in the past tense. Her involvement in getting rid of the position of disability commissioner has brought discredit upon the Government. It has also, undeservedly, brought dishonour upon my party. I fear her actions and the Government’s inadequate response to this committee’s particular recommendation on disabled access are regrettably all part of a narrative which, bizarrely, we are helping our opponents to construct. The message to disabled people might as well be “What do they know? What do we care?” That is not a message any party can afford to give, and especially not my party, if the Prime Minister’s pledge to build a country that works for everyone is to command credibility.

In conclusion, to restore their honour and to reclaim their credibility on disability rights the Government need urgently to rethink their attitude to disability equality. That is why I reiterate my request that the Prime Minister start that process by dissociating the Government from the decision to abolish the position of disability commissioner and by ensuring the release of all the relevant communications without delay.