Domestic Abuse Bill

Baroness Butler-Sloss Excerpts

Wednesday 21st April 2021 Lords Chamber

I am clearly disappointed at the Government’s apparently dismissive refusal to recognise this issue. This amendment is actually doing the Government and families a great service by pointing out a loophole in the law, as we have done previously. The type of screening that the noble Baroness, Lady Finlay, has encapsulated in this amendment is precisely what is needed to close the loophole and to ensure that those working in the public setting, through local authorities, and the private setting, to which the Minister referred, are covered by the same provisions. As I have informed those who need to know, I will support this if it is pressed to a vote.

[Baroness Butler-Sloss (CB) [V]]

My Lords, I support the noble Baronesses, Lady Finlay of Llandaff and Lady McIntosh of Pickering, particularly Lady McIntosh in what she has said about child contact centres and organisations offering child contact which are not accredited. It seems to me, as a matter of principle, that all contact centres and organisations involved in providing this crucial service should be accredited in some way or another. As for the idea that they can set up without anybody having to check, it seems blindingly obvious that this should not happen.

As a judge, I used to be very involved with the National Association of Child Contact Centres, and with individual contact centres. I was a patron of several of them, so I have some knowledge of the importance of child contact centres as places where children can meet their parents or parent. It is crucial that the safeguarding issue be recognised in such a way that no one can fall through the gap, so I support this amendment.

[The Deputy Speaker (Lord Alderdice) (LD)]

Before we come to the winding-up speakers, does anyone in the Chamber wish to speak who is not on the list? If not, I call the noble Baroness, Lady Burt of Solihull.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, I will speak briefly on this Motion because we are well on course to achieve what we set out to do. I commend the noble Baroness, Lady Helic, for the commitment and assiduity with which she has pursued this topic in the face of assurances that, at times, have seemed to her complacent and misplaced. The seriousness with which this topic is now being addressed is a credit to her and many others.

I understand and accept entirely the Government’s concerns about judicial independence. Indeed, noble Lords will know that I have argued the case for it on any number of occasions in this House. I am not sure that either the amendment we put forward or the Motion that is now there in its place would have compromised judicial independence to the extent that the Government thought. However, we accept that judicial training is a matter for the judiciary. We also accept that, for many years, judicial training has been mandatory on induction and on a continuing basis for judges sitting in family cases, but it is important to ensure that such training is comprehensive, up to date and, above all, successful. That, I believe, is an objective we all share.

It is also important to recognise that there has been a problem with domestic violence victims feeling that they have been treated unsympathetically by the courts in the past. There is a deeply held feeling that the trauma that they have suffered has been insufficiently recognised, and that the particular trauma involved in court processes and reliving the violence that they have suffered has not been properly addressed. A great deal of evidence to that effect has been given in speeches to this House during the passage of the Bill.

We have made significant progress with the Bill towards making the courts more humane places for domestic violence victims. We have been assisted enormously by the many groups and individuals who have briefed us, particularly Women’s Aid, Claire Waxman —the Victims’ Commissioner for London—and many others. We are very grateful to all of them for their insights and suggestions.

There is room for much more progress. I am particularly concerned to see faster progress towards more judicial diversity. Throughout the debates on this Bill, it has been clear to all of us that ethnic-minority victims and parties to proceedings have suffered unduly from the difficulties and hardships caused by domestic violence. I believe that many share my view that a judiciary that more clearly represents the people who appear before it—in colour, background, age and gender—would appear, and be, more attuned to the challenges and traumas that victims face.

Throughout this process the noble Lord, Lord Wolfson, has been ready to meet us and listen to the concerns expressed. I am extremely grateful to him for all his help. We are particularly heartened by his assurances today, passed on through him from the senior judiciary, not only to the effect that there is a strong commitment to improved judicial training but also to the effect that considerable emphasis is placed on domestic abuse training. Particularly important is his telling us that the Judicial College already has in hand arrangements for judicial training in the light of both the provisions of the Bill and, no doubt, the discussions in this House and the other place concerning them.

In the clear expectation that judicial training directed at addressing the particular difficulties facing domestic violence victims is a high priority, I welcome the progress that we have made and agree with the decision made by the noble Baroness, Lady Helic, not to divide the House on this Motion.

[Baroness Butler-Sloss (CB) [V]]

My Lords, this amendment is understandable but misconceived and I am relieved that it will not be put to a vote. I declare an interest as a former chairman of the Family Committee of the Judicial Studies Board, which was the forerunner of the Judicial College.

I have recently been in touch with the Judicial College to find out what training there is at the moment and what is intended when the Bill becomes law. I hope that the House will bear with me as I bring noble Lords up to date. I propose to say quite a lot, despite noble Lords having heard from the Minister. I do not accept that the current training is not working. The Judicial College trains all judges at every level and all magistrates sitting in the criminal and civil courts. Judges and magistrates are identified as appropriate to sit in particular work such as domestic abuse, and they are ticketed to do so only after they have had sufficient training. They are not allowed to sit until they have had that training. The training involves a three-day induction course in a residential setting, followed by continual professional residential training throughout their time as a magistrate or judge.

The training in domestic abuse includes hearing from victims and victim organisations. A lot of online extra information and advice is also sent to judges and magistrates. However, the Judicial College is only part of the training. The president sets out instructions to judges in practice directions. PD12J, updated in 2017, which I have no doubt will be updated again, sets out how family cases involving domestic abuse should be tried. The Court of Appeal sets out instructions and advice on how to approach and try domestic abuse cases. An important judgment for the Court of Appeal, Re H-N and Others (children) (domestic abuse: finding of fact hearings), was given earlier this year. The three members of the court were the President of the Family Division, the chairman of the Judicial College and a member of the criminal sentencing panel, all of whom are involved in the training of family and criminal judges and magistrates. The president himself takes a personal interest in the training of family judges.

The House may be interested to know that in the H-N case, the Court of Appeal invited the various victims’ organisations, such as Women’s Aid, to be represented at the court and to give their views, which were carefully listened to by the court—and that was shown in the judgments. In the H-N case, the president set out some statistics which showed that 1,582 full-time family judges, some part-time family judges and 2,744 family magistrates sat in family cases in England and Wales. The president said that it is thought that domestic abuse allegations are raised in at least 40% of cases in which parents dispute the future of their children. That means that domestic abuse issues are raised in about 22,000 child cases each year. In addition, the courts received last year 29,285 applications for injunction orders seeking protection from domestic abuse.

It is obvious, as we have heard during proceedings on the Bill, that some judges get it wrong. That is obvious from the H-N case, where in four cases things went wrong. It is helpful that the Court of Appeal saw that and put it right. However, from the large number of cases tried by the courts, there are very few appeals to the Court of Appeal and I would suggest, despite what has been said—particularly by the noble Baroness, Lady Helic, who said that the training is not working—that only a comparatively small number of people have in fact had bad experiences and that most judges have got it right.

I am told by the Judicial College that the domestic abuse training is being updated in the light of the forthcoming Act and instructions from the most recent Court of Appeal cases such as H-N and several others. The new Act will become an integral part of the family training of judges at every level, and of magistrates. It will form part of the courses taken by the judges and magistrates trying criminal cases as well. It is across the board. The president has also set up a private law working group which includes domestic abuse. There is, therefore, a great deal of information, guidance and instruction to judges and magistrates on how to try domestic abuse cases, which it is their duty to follow, and they are given the training to do so.

It is not in my view that there is a lack of good training; it is that some judges do not seem to have benefited from it. I cannot see how any statutory guidance from the Lord Chancellor will improve how judges deal with such cases. It is a matter of trying to make sure that the limited number of judges who do not do well enough will do better. Much of that comes from appeals to the Court of Appeal, which can put the matter right and give sensible and helpful advice.

I am relieved that this matter will not go to a vote because, although I have not dealt with it, this is also, as the Minister has said, a constitutional issue of judicial independence. I hope that the House will now be satisfied that the Judicial College is doing the best job that it possibly can and will, with the new Act, do somewhat better.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

Does anyone else in the Chamber wish to speak? No? I call the next speaker on the list, the noble Lord, Lord Paddick.

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[The Lord Bishop of London]

My Lords, I thank the noble Baroness, Lady Meacher, for sponsoring this amendment, my friend the right reverend Prelate the Bishop of Gloucester and everyone who has faithfully backed the inclusion of migrant women in this Bill. As we already know, the Government voted against the amendment, which would have improved access to justice for migrant women. The Commons outcome does not secure any long-term legislative protection for migrant women. That is a shame.

We have seen some great breakthroughs in this Bill, some of which I have had the honour of co-sponsoring and which the Government have warmly supported, but their response on migrant women is quite glaring. Stuart McDonald of the SNP said it best when he asked:

“what is more important, protecting and supporting victims, or protecting Home Office powers over migration?”—[Official Report, Commons, 15/4/21; col. 533.]

The Commons vote on 16 April has given us the answer.

The #MeToo movement caught on in waves in 2017 because many people across countries, societies and cultures could say that they too had experienced some form of sexual violence. We cannot in all good faith leave the outcome for migrant women to a principle that undoes the very aspiration of this Bill, which was to be ground-breaking.

We have heard women campaigners speak loudly about how abusers can turn to using a woman’s insecure immigration status as a tool to deter them from reporting abuse and to oppress them with the fear of deportation. Women’s rights campaigners have said that the Government’s policy is creating an enabling environment for abuse against women. We know that, because reports have shown that some 92% of migrant women have reported threats of deportation from their perpetrator. While I understand that the Government’s response to data sharing is still under review and that the outcome will be published in June, if we do not accept these amendments we miss the opportunity to enshrine in legislation protection for migrant women who are victims of domestic abuse.

It is my faith that has driven me to speak today. It is my faith that drives me to stand alongside the marginalised and to ensure that we design together spaces in which they can flourish. The original precedent for this Bill, which set out to treat victims as victims first and foremost, is what drew me to it. Will the Government believe migrant women? Will they partner with them so that they can be safer? Will they hear what the campaigners have been saying and write into law safety for migrant women, or will they wait to hear other choruses of women’s voices saying, “Me too”? We must ensure safe reporting for migrant women who experience domestic abuse so that they can be assured that, if they approach the police, they will be treated as victims first and foremost and given the right form of support to protect them from abuse.

[Baroness Butler-Sloss (CB) [V]]

My Lords, I agree with the noble Baroness, Lady Meacher, and the right reverend Prelate the Bishop of London. It seems perfectly sensible that we should all wait until the report has come out. What worries me is what appears to be a lack of understanding by the Government. It is perfectly obvious that if a victim thinks that she—particularly she, but sometimes he—will be subject to immigration control, she is not going to come forward and say that she has been abused. It is an obvious way for a victim to be kept under the control of the abuser. I worry that, in looking at this, the Government have not taken into account the obvious dangers to a victim of the use of their data by immigration control.

I am also concerned about the DDVC. A number of victims of domestic abuse do not manage to come within its rules and are therefore in danger of being deported despite being sufferers from domestic abuse.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Does anyone else in the Chamber wish to speak at this point? No? I therefore call the noble Lord, Lord Paddick.