Domestic Abuse Bill

Baroness Deech Excerpts

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

[Baroness Deech (CB) [V]]

My Lords, this has been a very depressing debate. I had thought that maybe our record of domestic violence in this country was outstandingly bad but—and this is also depressing—we are by no means the worst in Europe, nor are we the worst in the world. It is far worse in Africa, India, south-east Asia and the eastern Mediterranean. It is very bad in South Africa, Turkey and, oddly enough, New Zealand, which is otherwise such a paragon of governance. Maybe this is for religious reasons or maybe it is cultural, but it seems that those religions and cultures which treat women as less than equal are the ones that are prone to domestic violence.

There are gaps in this very welcome Bill. It should make threats to share intimate images a criminal offence. True, the Law Commission is conducting a review of harm online, but it would be quicker to outlaw it right now in this Bill, in case we do not have another chance for years. The organisation Refuge reported that one in seven young women had received such a threat, mostly from current or former partners, with devastating effects. We older people who had no experience in our youth of the online phenomenon may regard the taking and sharing of intimate photos as extremely unwise in any case, but it appears to be a current fashion and, as such, its misuse must be dealt with.

There should also be improved protection for disabled victims who are subject to coercive control by carers by repealing the “best interests” defence to that crime in Section 76 of the Serious Crime Act 2015 where it applies to a caring situation. The definition of “personally connected” in Clause 2 of this Bill should include carers. Although we have the utmost respect for the carers’ profession, it is possible that, in such a close relationship of dependency, abuse may occur and not be recognised as such. When the Bill becomes law, together with Clause 66, dealing with extraterritorial jurisdiction, I hope that the UK can ratify the 2012 Istanbul convention.

I hope that attention will be paid to the perpetrators of domestic violence, their motives and their education. It should be perpetrators who are evicted from a joint tenancy, not a mother and children being rendered homeless, as is typical. Early intervention to restrain perpetrators is welcome. It is good news that compulsory relationships education has been introduced into schools; this includes teaching on what healthy and unhealthy relationships look like. It is shameful that there should be any opposition to this, especially from faith groups, whom I suspect might be in denial about domestic violence carried out by their own adherents. The Drive project works with perpetrators to change attitudes, beliefs, behaviour and their other problems. A review by Bristol University found that three-quarters of the perpetrators improved their behaviour after intervention.

Incidentally, I fear that the introduction of no-fault divorce later this year might also increase abuse, because a divorce application will come out of the blue, without any period of separation. This might well incite, for example, the husband against whom it is directed and whose potential for abuse may have led to the need to start divorce proceedings.

Finally, we need a continuing government publicity campaign to make the public aware of the aims of this Bill and to publicise the fact that third parties can apply for domestic violence orders and notices, not just victims. I leave the final word to Her Majesty the Queen, who, in her Christmas broadcast, used the phrase “You are not alone”, which is the key message of domestic violence protection. That augurs well for this excellent Bill.