Domestic Abuse Bill

Baroness Fox of Buckley Excerpts

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

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I am glad to be here to discuss such an important piece of legislation. It needs to be taken seriously, with the fullest debate. Sometimes debate can be hemmed in when an issue seems consensual—what is there to argue about?—but there are some concerns that we should raise. A debate can also be hemmed in when an issue is highly emotive, and this is an emotive issue: there is something so shocking about the breach of trust when intimate relationships turn toxic and descend into horror, especially because we associate intimacy with love and not terror.

It is also important to note that this is not the norm. Reading the briefings that we have all been sent has been relentlessly grim, but let us remember that the vast majority of intimate relationships are a source of joy and solidarity. Families per se are not horrors behind closed doors, and even bad relationships should not be a matter for law in most instances.

It is also true that we need sensitivity and nuance when discussing the individual dynamics of people’s intimate lives. We should note that third parties sometimes view the interactions of other couples as problematic and abusive, but they are not viewed that way by the individuals concerned. In that way, the law can be a blunt instrument and we need to take care when dealing with people’s private affairs.

The emotive nature of the issue is understandable when we focus on the victims, but that should not mean that we dispense with careful scrutiny of the Bill from the point of view of the accused. Not all are proven perpetrators. Civil liberties and principles of criminal law should not be treated cavalierly, and when we remember the rights of the accused, we should not be accused ourselves of being soft on domestic abuse. Being labelled as a domestic abuser has serious consequences for your reputation and access to your children. There can be false allegations—the noble Baroness, Lady Altmann, raised some of these concerns. At the very least, evidence must be thoroughly tested, especially when the statutory definition of abuse involves a range of what might be largely subjective accusations in terms of emotional, controlling behaviour and so on. I therefore worry at the eagerness of noble Lords to make cross-examination less robust.

There should also be concern, as the noble Lords, Lord Moylan and Lord Anderson of Ipswich, and the noble Earl, Lord Lytton, noted, about the domestic abuse protection orders and notices that give the police a nebulous bundle of unaccountable, coercive powers. Orders can be granted without anyone being formally tried and can be based on the authority’s belief that abuse is threatened or on third-party—for example, neighbours’—reporting. The police have the power to order someone to leave their home or neighbourhood even against their partner’s wishes.

Let us consider also what is known as Clare’s law —the right to know and the right to ask—where the Government wish to put guidance to the police on a statutory footing to drive its greater use, but does that not encourage the police to drag up your past in public, which surely has risks? Does it not also propagate the idea that, once convicted of certain offences, you are simply beyond redemption, which goes against the spirit of the law and justice as we see them?

My final appeal to noble Lords is that we are dispassionate in approaching this legislation, that we have a fully rounded and holistic approach to the law, and that in our undoubted horror at domestic violence we do not lower our guard when it comes to civil liberties and legislation new to the books.