Domestic Abuse Bill

Debate between Baroness Campbell of Surbiton and Baroness Grey-Thompson

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, in moving Amendment 46, I will speak also to my Amendment 47 and to Amendment 45 in the name of the noble Baroness, Lady Lister, to which my amendments are attached and which I strongly support.

My amendments bring controlling or coercive behaviour within the scope of Section 76 of the Serious Crime Act 2015. Amendment 46 mirrors Amendment 4, which was considered and overwhelmingly agreed to by the House on Monday.

I had intended to divide the House on Amendment 46 if the Minister could not accept it. I will not do so for one reason, and one reason alone. Just this morning, I learned that it could jeopardise Amendment 45, which is supported by the Government. I have no wish to risk another important amendment and potentially lose both it and my amendment. I have great admiration for the noble Baroness, Lady Lister, and support her amendment overwhelmingly. Noble Lords will undoubtedly understand my reasons. I had not expected that kind of unwelcome surprise today.

Controlling or coercive behaviour, which is part of the definition of domestic abuse under Clause 1 of the Bill, is an offence under Section 76 of the Serious Crime Act. Such behaviour is unfortunately a common form of abuse by carers. Amendment 45 amends the definition of “personally connected” in Section 76 to align it with Clause 2. The importance of including disabled people applies equally to the offence under Section 76. I set this out extensively on Monday and will not rehearse those arguments. It is worth noting that the draft guidance on Clause 2 relies on the guidance on Section 76 to explain controlling or coercive behaviour. They are complementary.

The two sets of provisions are totally interrelated. These amendments would ensure they remain consistent and ensure the coherence of the statutory abuse regime. It is very disappointing to not be able to follow that through for the protection and safety of disabled people if these amendments do not go through today. I await the response of the Minister in the sincere hope that she will accept these amendments. I beg to move.

[Baroness Grey-Thompson (CB) [V]]

My Lords, I speak to Amendments 46 and 47, which are in the name of my noble friend Lady Campbell of Surbiton and to which my name is also added. Because Amendments 46 and 47 are an amendment to 45—and I do not wish to quote sections of the Companion to the Standing Orders to your Lordships’ House—I would like to make clear that those listed as signatories have been put in the unenviable position of making the heartbreaking decision of whether to divide the House and risk preventing the valuable amendment put by the noble Baroness, Lady Lister, from being passed.

In speaking after my noble friend, I do not wish to reiterate what has already been well articulated. I would like to thank the staff of your Lordships’ House, the disabled peoples’ organisations and many disabled women for the considerable amount of work they have put into this Bill. If there is one thing I ask of the Minister and the Bill team, it is that, when legislation that has such an impact on disabled people is being considered, disabled peoples’ organisations are expressly and extensively consulted. The added issues disabled people face should always be included.

On Monday it felt that, while we might not have convinced Her Majesty’s Government of the need to include disabled people in this Bill, the Chamber strongly supported my noble friend’s amendments. I would like to thank the 318 Peers who voted to support and include disabled people this week. I am expecting that there will be much support as we debate this group, but there will be push-back from Her Majesty’s Government.

Having re-read Hansard several times this week, I fear that we still have to convince Her Majesty’s Government of the need to protect disabled people. It is important and welcome that controlling or coercive behaviour is more widely understood across society, but that same protection does not appear to be afforded to disabled people. For that, I am extremely disappointed.

I wholly, but with a sad heart, support my noble friend’s decision tonight. As I mentioned at the beginning of my speech, my noble friend has been put in the unenviable position of having to explain to disabled people who experience abuse in a domestic setting—whom she has spent a considerable part of her working life supporting and protecting—that the politics and procedures we are operating under have excluded their place in the Bill.

I know from extensive discussions with those involved in these amendments that, in accepting and supporting the amendment of the noble Baroness, Lady Lister, which I absolutely do, if the House were divided we might put Amendment 45 at risk. There is always a price to pay by some in bringing legislation. Tonight, and in this instance, the price is being heavily paid by disabled people.