Domestic Abuse Bill

Baroness Featherstone Excerpts

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

[Baroness Featherstone (LD) [V]]

My Lords, for all five years of the coalition, I was the Government’s ministerial champion for tackling violence against women and girls overseas. That was concurrent with two and a half years as Equalities Minister and Home Office Minister, and then two years as a DfID Minister. In those years at DfID, I saw a level of domestic abuse against women that was off the scale. It is hard to pick examples, but a few have stayed in my mind. A woman approached me at a refuge run by Marie Stopes in Uganda. She held her baby with two different-length stumps of arms; they had been cut off above the elbow when her husband attacked her with a machete for being late with his dinner. In Mozambique, there was a post-violence counselling support group for couples where alcohol had been involved, as it often is. Male perpetrators were invited with their abused partners. If the men did not turn up, they were invited again. If they still did not turn up, the police would escort them to the meetings. We could take a leaf out of that book. I also talked to girls on a university campus in Ethiopia who were studying to be engineers and doctors; several of them had been assaulted. They had a police presence on that site but said that, if they reported assault, they were as likely to be raped by the police as helped by them.

At DfID, I launched the biggest funding initiative in the world to tackle FGM—female genital mutilation—working with Nimco Ali, activists and campaigning groups in Africa, introducing and spearheading the government work, supported by brilliant, committed civil servants at DfID and by the British media, particularly the Evening Standard. I am delighted that, subsequently, the Government have continued with and raised those funds. There is no greater symbol of man’s inhumanity to woman then FGM—and further inhumanity in the psychology of women who carry out the act. It was the same in each country that I visited.

I talk about foreign lands but, sadly, there is nowhere in the world where women are not oppressed, suppressed and brutalised, including here in the United Kingdom. While it may be subtler and better-hidden in this country, it is endemic and still an outrage and an absolute abomination. That power and that control over women and girls are evident here in our country, just as so many have described. Violence, coercion and control come in many forms. When I was at the Home Office, I saw a volume and depth of everyday violence and abuse, mostly against women, which was sometimes dramatic, sometimes hidden, sometimes subtle, but always shocking and unacceptable in a so-called civilised society and a first-world country. There are so many examples. I visited a school in London where girls in gangs were forced to give oral sex to a line of boys. I visited refuges where stories of cruelty and abuse abounded and where women could not move on with their lives because there was no housing to move on to.

I hugely welcome this Bill. I want the Government to adopt all the proposed amendments; I am particularly impressed by and supportive of the amendment proposed by the noble Baroness, Lady Newlove. However, I also want men to change and be changed—to end the belief that some men have in their birthright to order women’s lives, punish them, damage them and control them. There are many good men out there; this is not fair on them either. There are also men who are abused by women. No one has any right to abuse anyone else. Domestic abuse goes to the heart of how we treat each other; it is about behaviour and what we accept as a society. So let us also work for prevention and, alongside this excellent Bill, have a concerted programme for early intervention and teaching from nursery upwards. Change must come.

Domestic Abuse Bill

Baroness Featherstone Excerpts

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

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I strongly support Amendments 37 and 38. I like the idea of the commissioner establishing an advisory board. I am sure it will be helpful, although it is puzzling why the membership has been restricted to not fewer than six and not more than 10. It is interesting that the membership has to comprise, as the noble Baroness, Lady Hamwee, said, representatives of victims of domestic abuse, charities and other organisations, healthcare services, social care services, police and criminal justice and academic expertise. I have no problem with that range of expertise, but the membership surely needs to be wider. We have already had, or will have, amendments suggesting that we should have experts in children and young people, substance abuse, psychological therapy and speech therapy. I would welcome giving the commissioner a little more discretion and allowing her to appoint more than 10 people if she wishes to do so. As it is entirely in her own hands, she clearly will not want a huge number of people, but having a little more flexibility would be helpful.

I support Amendment 38 very strongly. It is surprising and highly unusual that members of an advisory board should be described in legislation as representatives of the interest described in the clause. Surely we have moved on from representative bodies such as that. In my experience—I agree with the noble Baroness, Lady Hamwee—committees that are made up of representatives of certain interests find it very difficult to act corporately because they feel the need to fight the corner of their own interest. That goes against all good governance. I know this is an advisory committee, rather than a corporate governance body per se, but the principles of good governance surely ought to remain none the less, so the last thing the commissioner needs is a body where people are too busy protecting their own perceived interest and are not thinking about the integrated approach that is necessary. I strongly urge the Government to revisit this. They will find that in public organisations—and I am sure it is the same in other sectors—the idea that today we appoint people to be representative rather than to bring a breadth of experience and work together is not right, and I hope the Government will agree to reverse this.

[Baroness Featherstone (LD) [V]]

My Lords, I will speak to Amendment 39, in my name and that of the noble Lord, Lord Paddick, on the composition of the advisory board. This amendment is straightforward and brief, and is simply to ensure that men who are abused and those in same-sex relationships have a knowledgeable and expert advocate on that board.

As a Home Office Minister and Equalities Minister during the coalition, with responsibility for domestic violence in my portfolio, I met victims of all types and visited refuges of all types. The different issues that arise for men who are abused can be profound. As my noble friend Lord Dholakia said, they are less likely to report abuse and often feel ashamed if they are abused. They can feel that they are not proper men and more, so there is a need for specialist response and services. The same is true with the issues in same-sex relationships.

Of course, the majority of domestic abuse is against women by men and I know that among the many fantastic groups, charities and provision for women there is a wealth of experience. However, a substantial minority of men are victims too and their experience can often be less well understood. I noted the Minister’s earlier remarks about ensuring that the commissioner has freedom to appoint to her own requirements, and I know that it is the intention of this Bill that all people who suffer domestic abuse are covered by the legislation. However, I believe that it is important to ensure that this expertise is mandated in the board’s structure to enable it to succeed fully in its function, as the advisory board will be such an important underpinning for the commissioner. I am sure that there will still be, and should be, as other noble Lords have said, latitude for the commissioner to appoint above and beyond any statutory places.

[Lord Paddick (LD) [V]]

My Lords, there appears to be no reasonable argument for limiting the number of members of the advisory board. Surely there should be as many as the commissioner believes to be reasonably necessary, as suggested by our Amendment 37. As my noble friend Lady Hamwee has explained, it should not be that at least one member of the board must represent the interests of victims of domestic abuse, but that they should have expertise and experience with regard to the victims of domestic abuse. I thank the noble Lord, Lord Hunt of Kings Heath, for his support on this point.

It is quite clear that different victims will have different needs, in particular, those from minority groups, including black, Asian and other ethnic minorities, those with disabilities, male victims and those from sexually and gender-diverse groups. Were there to be a representative from each of these groups, it would be a very large advisory board indeed. Someone could have expertise in and experience of dealing with more than one minority group, hence Amendment 38.

Amendment 40 suggests that at least one member of the advisory board should have

“experience of or expertise in both”

policing and criminal justice, and not, as Clause 12(4)(e) suggests, that they

“represent the interests of … policing or criminal justice.”

As my noble friend Lady Hamwee has explained, it is essential that the police, the CPS, the courts and the prison and probation services all work together to tackle domestic abuse. Therefore, it should not be, as the Bill currently suggests, someone representing either the police or other parts of the criminal justice system.

Again, as my noble friend Lady Hamwee has said, having included children as victims in Clause 3, it seems necessary to have someone with expertise and experience in children’s health and well-being on the advisory board. The lifelong impact of adverse childhood experiences on the health, well-being and propensity of young people to engage in criminality is well documented. Witnessing domestic abuse is but one of these ACEs.

Domestic Abuse Bill

Baroness Featherstone Excerpts

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

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator.

On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words

“may not come within a specified distance of … other specified premises”.

It would be helpful to know that to put noble Lords’ minds at rest.

I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out.

I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.

[Baroness Featherstone (LD) [V]]

My Lords, I support the amendments in this group, particularly Amendments 57, 58, 59 and 60, that seek to enable the consideration of the inclusion of workplaces in domestic abuse protection orders. It is a truly important and obvious step, which the Government have acknowledged, at least in principle, in Amendment 75.

The introduction of domestic violence protection notices and then domestic abuse protection orders heralded a real shift, or an intended shift, to the perpetrator being excluded and barred from entering the home and the breaking of such an order becoming a criminal offence. But as we have become more aware of the nature of domestic abuse, beyond just the physical—be it psychological and financial abuse, or coercion—we have addressed such issues as stalking and have, thankfully, moved to become more victim-centred, so that the victim can live their life and stay at home, rather than always having to go to a refuge, and the perpetrator is prohibited.

The Bill gives us the opportunity to move this agenda further forward and to protect the victim in their place of work. In a situation of domestic abuse, the workplace can be a refuge and a place of safety for the victim, but, sadly, that is often not the case. It is not uncommon for a victim to find that the abuse follows them to work—sometimes literally, by being physically followed, but often by abusive emails or phone calls, or the fear of the abuser turning up at the workplace, knowing what time the victim finishes. It is even more difficult if the abusing partner works at the same place. It does not stop at the victim; colleagues can find that they are bombarded with questions about the victim, have to cover for a victim’s absences or are threatened with harm. While all organisations and firms should have a domestic abuse policy in place, an order that would prohibit a perpetrator contacting the victim at their place of work or going to their place of work specifically, as noble Lords have mentioned, is a logical step to deepen the protection around the victim.

Domestic Abuse Bill

Baroness Featherstone Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

I join every speaker in this rather large group of speakers in offering my support for Amendments 137 and 138, with a preference for 137. I join all of the others in paying tribute to the noble Baroness, Lady Newlove, for her very hard work on this issue. However, when the idea of a new offence was first put to me, I started from a position of scepticism. We all know that there are far too many cases in history where Governments who are wanting to be seen to be doing something say “Oh, we will have a new law and create a new offence”.

However, when I looked at the evidence and saw the extensive briefings and data assembled by campaigning groups and NGOs, I found that there is clearly a case. There is a specific set of behaviours that constitutes an offence. The case is made very clearly that non-fatal strangulation and suffocation is not generally a failed attempt to kill, but rather a deliberate attempt to control and exert power. The law currently has no real proper way of dealing with that. The fact that there is little visible injury in many cases means that at best it may appear as a charge of common assault, and many others have pointed out how inadequate that is. It is also worth pointing out that it means there is a six-month limit for charges being brought. We know that domestic abuse is very often disclosed only after a large number of incidents have occurred. It also means that, as a summary offence in a magistrates’ court, it does not get the level of attention and resources that this proposed new offence would attract with the charges.

The other point which has not been made but should be, is that I very much do not believe in reinventing the wheel in terms of law and government policy. We can look around the world to see other places that have been leading on this. Reference has been made by the noble Baroness, Lady Crawley, to the 37 states in the US which already have comparable laws, and most Australian states do.

The real leader in this has been New Zealand. I note that this started with the Aotearoa—New Zealand—Law Commission 2016 report, which in December 2018 led to its introduction of a new law. I would imagine that the Minister is well aware of the recent report from the Chief Victims Advisor to the New Zealand Government to the Centre for Women’s Justice, which notes that in the first year after the offence was brought in, there were 2,000 charges—most occurring in a domestic violence context. A calculation has been made that, comparing our populations, that means in the first year we could see 26,400 charges in the UK. Of course, no two countries are exactly comparable, but I think that rough comparison tells you that if we delay introducing this charge, there will be thousands and thousands of women who will not have the protection of the law who should and could have the protection of the law if it is included in this Bill. It is very good to hear that the Government are listening on this issue, but the case for action now is overwhelming. I commend Amendment 137, in particular, to your Lordships’ House.

[Baroness Featherstone (LD) [V]]

My Lords, I greatly support Amendment 137 and thank the noble Baroness, Lady Newlove, for such a powerful and comprehensive introduction, thus making it necessary for me to make only a few brief remarks. During my time at the Home Office, I remember a particular incident that demonstrates the attitudes at play in the issues before us.

In 2014 a so-called pick-up artist, Julien Blanc, was due to visit the United Kingdom giving lectures to men on how to successfully pick up women and get them into bed. On Twitter, the photo he used to advertise his tour showed Blanc with his hand around the throats of women. He then tweeted the photo with the hashtag #ChokingGirlsAroundTheWorld.

I spoke out, as my responsibility was for tackling violence against women and girls, to say how concerned I was by the sexist and abhorrent statements Julien Blanc had made about women and that if he was allowed to perform in the United Kingdom, I had no doubt cases of violence and intimidation of women would follow, because his thesis was that physical aggression made you more attractive as a man and would give you more success and more sex. Someone who, in my view, wishes to incite sexual assault should not be granted a visa.

I simply use this as an example of the mindset that is out there that illustrates how women are in jeopardy. In days gone by, that mindset echoed down the corridors of our judicial system; to an extent, it still does so, because we are debating it today. It is part of the history of women being blamed for their own rape. Not that long ago, a woman’s previous sexual history was used to exonerate a male rapist. There is a long tradition in matters sexual to blame the woman for her own downfall: she wore a short skirt or a low top; she was asking for it, and so on. It put the onus for male behaviour on to the woman.

Domestic Abuse Bill

Baroness Featherstone Excerpts

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

[The Lord Bishop of Gloucester [V]]

My Lords, I metaphorically rise to speak to Amendment 185. I am very grateful to the noble Baroness, Lady Lister, for outlining the issues so clearly. It is a real honour to follow the noble Baroness, Lady Hodgson, and I am delighted to have added my name to Amendment 185. I do not want to repeat what they have eloquently said already, all of which I agree with.

The UK is party to international treaties and conventions that make it clear that we must deliver a co-ordinated response and integrated measures to end violence against women and girls. Amendment 185, as we have heard, simply seeks to ensure good join-up: the statutory guidance issued alongside the Bill must be linked to any violence against women and girls framework.

I am extremely grateful to the Minister for a good meeting recently to discuss the need for statutory guidance to include an understanding of different faith contexts regarding violence against women and girls, as there is much good work being done, not least by the Faith and VAWG Coalition, which is well-known to the domestic abuse commissioner-designate. I am grateful to the Minister for her deep listening and I look forward to faith groups continuing to work with officials and Ministers.

With Amendment 185, I ask that similar attention is paid to joining up the vital work of the Ending Violence Against Women and Girls strategy and the Domestic Abuse Bill. It is vital that this is done, as we have heard.

[Baroness Featherstone (LD) [V]]

My Lords, I shall speak to Amendment 186 in my name and that of the noble Lord, Lord Paddick. As before, this addresses the same cause as our previous amendment that applied to the guidance. As debated before, domestic abuse experienced by men, and abuse in same-sex relationships, can be of quite a different nature. Just as the noble Baroness, Lady Gale, is trying to ensure a recognition, with her Amendment 173, that the sort of abuse that women in heterosexual relationships experience is of a different nature and volume from others, we are trying to ensure that, even though less in quantity and different in nature, the needs of men experiencing domestic abuse and abuse in same-sex couples are in the guidance, so that matters that pertain to their circumstances are addressed in the particular.

This amendment iterates that one-third of those facing abuse are male. I remember being surprised the first time I heard that figure by the level of domestic abuse directed towards men, when this was in my portfolio at the Home Office and I visited male refuges and services. Of course, women suffer two-thirds of domestic abuse, and perhaps we are more familiar with that scenario, but we think it is important to have the proportion on the record, for what is not counted may not count. If our earlier amendment and this are incorporated, it just becomes a statement of fact and is there to simply meet different needs, not to reduce the importance of the gendered aspects of violence against women.

Guidance is tremendously important, regardless of numbers or proportions. As the experience is so very different for men or those in same-sex relationships, it therefore requires very different support and different solutions. Women in heterosexual relationships who are being abused have a different experience: often, their abuse is repeated and severe, and it often includes sexual violence. However, men’s experience where their female partner abuses them is often complicated by old male norms, where “real men don’t complain”, or they are afraid that it makes them less of a man. This is not always the case, but it is clearly a very different scenario for men in that situation.

For those in same-sex relationships, domestic abuse is actually more likely to occur in homosexual couples than in heterosexual couples. Again, the issues and the remedies must be differentiated and addressed. Even today, with the vast strides forward, from civil partnerships to same-sex marriage, members of the LGBT community can experience a level of stress that is relevant only to LGBT people.

A gay, male American victim of domestic abuse said, “I never identified it as domestic violence due to the images out there being about domestic violence only being an issue experienced by heterosexual women”. While I recognise that the Government are trying to steer clear of gendering the Bill and understand their desire to do so, the experiences of those who suffer domestic abuse, be they men or women in heterosexual relationships, same-sex or other relationships, require specific and different guidance to address their experiences and their needs.

[Baroness Sanderson of Welton (Con)]

My Lords, I would like to speak to Amendment 186, and I would also like to pay tribute to the noble Lord, Lord Paddick, for being so honest and open about his own experience.

At Second Reading, a number of noble Lords spoke about Erin Pizzey, who set up the first ever refuge for women and deserves much credit for doing so. It was good to see her being acknowledged in the context of this Bill, because the truth is that you do not hear much about Erin Pizzey anymore. Once she began campaigning on behalf of male victims of domestic abuse, she was pretty much airbrushed out of history. This is not the time to get into the whys and wherefores of that, but it shows how the facts were forgotten as the debate became more politicised.

As far as I can see, this amendment is simply stating a fact. It does not ignore the reality that the majority of victims are female; it simply seeks to acknowledge

“that one third are male, and that some are in same sex relationships”.

Of course, this figure may change, so it could be difficult to be so specific on the face of the Bill. But I think the aim is a good one—to make sure that in recognising that women are disproportionately affected we do not forget that there are other victims of domestic abuse. We do not want inadvertently to diminish the voice of others or discourage them from coming forward, as was mentioned by the last speaker. Let us not forget that the aim of this Bill is to encourage and protect all victims of domestic abuse.

--- Later in debate ---

In view of the time, I will stop there. I hope the commissioner will take up these issues. Above all, I hope the Ministers will agree that both aims of this amendment need to be addressed.

[Baroness Featherstone (LD) [V]]

My Lords, I am speaking to Amendment 180, to which I have added my name. It is a pleasure to follow the noble Baroness, Lady Meacher, and I could not agree more with everything she said. She has far greater knowledge and wisdom in this matter than I but I feel strongly that prevention and reaching children at an early age is vital, otherwise everything else in the Bill will just deal with what is, as opposed to prevention for the future.

We know that changes in behaviour, health, the ability to learn, attitude and appearance in a child can often mean that they may be witnessing domestic abuse. Schools need to be able to recognise and address that. Of course, our teachers are already aware of, and on the lookout for, behavioural signs of things not being right at home. However, Amendment 180 would ensure the provision of services to every primary school to support it in identifying, treating, supporting, and helping children who are showing signs of witnessing abuse.

Refuge states:

“All children living with abuse are under stress”,


and advises that stress can lead to withdrawal, aggression or bullying, tantrums, vandalism, problems in school, including truancy, speech problems and difficulty with learning, attention-seeking, nightmares or insomnia, bed-wetting, anxiety, depression, fear of abandonment, feelings of inferiority, drug or alcohol abuse—hopefully not at primary school—eating disorders or constant colds, along with headaches, mouth ulcers, asthma and eczema. So many things affect children but our primary schools need support to be provided to address the issue properly and, where appropriate, involving parents is vital. That can be of great benefit—not always—but parents suffering domestic abuse, or perpetrating it, do not always realise the effect that it has on their children. Not all children show such obvious signs of stress; some have adopted coping mechanisms or hide it.

Obviously, primary schools need support in identifying children who are suffering, as well as those who are demonstrating less obvious signs of what is occurring at home. A child could be jumpy, or be avoiding situations or people. They may be withdrawn or simply have a stomach-ache. They may react badly to something that reminds them of what is going on at home. As this amendment suggests, support is needed to identify and treat children who are unusually aggressive or manipulative.

To see the many terrible effects that witnessing domestic abuse has on children, just do a Google search for Refuge, the National Child Traumatic Stress Network, the NSPCC or others. The information out there is crystal clear in demonstrating how necessary this amendment is, and how damning to the future well-being of children non-attention and leaving the issue unaddressed is. A great proportion of the children, if given proper help, are resilient. The sooner this problem is addressed, the better.

Amendment 180 would deliver

“the provision of services … to identify and treat children”

coming from homes where domestic abuse is occurring. It is necessary and right to put that protection and provision into the Bill as early as is humanly possible.

[The Deputy Chairman of Committees (The Earl of Kinnoull) (Non-Afl)]

The noble and learned Baroness, Lady Butler-Sloss, is having connection problems and so I call the noble Lord, Lord Farmer.