Domestic Abuse Bill

Baroness Fox of Buckley Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I have added my name to this amendment and I pay tribute to my noble friend Lady Meyer for the work that she has done and, as my noble friend Lord Cormack said, the effort that she has put in to trying to make sure that the suffering that she has been through is not repeated or, should it be, that the victims have proper protection under the law.

I would be grateful if my noble friend the Minister could confirm what my noble and learned friend Lord Mackay asserted: that the deliberately broad definitions in the Bill, which I know my noble friend has explained to the House, are ground-breaking and deliberately so and provide the widest possible access to justice for victims by having broad definitions under which others can fall. Will “controlling or coercive behaviour” in Clause 1(3)(c),

“psychological, emotional or other abuse”

in Clause 1(3)(e), and “conduct directed” at their child in Clause 1(5) cover situations where a parent deliberately damages the relationship between their child and the other parent in order to alienate that child?

For example, a father of African origin wrote to me about his partner, who had been turning their four year-old child against him since they had decided to divorce. The child, previously loving, suddenly did not wish to spend time with him. He said: “My ex made several unfounded allegations of domestic abuse to stop me from seeing my child. Not a single allegation was proven, or true, but she constantly and unjustifiably obstructed my contact with my child. I recall that a year ago my child refused to have a bath that I had run for him. He said his mother told him, ‘Daddy puts witchcraft in the tub’.” He said that the alienation built up over time so that the child now refuses to see him. Can my noble friend confirm that that father would have protection under the Bill?

I have personal experience of other situations where parents were cut out from the lives of their children. The children were being manipulated or weaponised and the wider family cut off from grandchildren and nieces and nephews. I would never want a child to be forced to be with an abusive parent. However, the ex-partner of a friend of mine, who met a new partner from Australia and wanted to move there, decided to try to break the children away from their parent. In that instance, they were told: “Daddy does not love you, because you look like me and Daddy hates me. If you see Daddy, I will get sad. If you see Daddy, he will kidnap you, because he does not want me to be with you any more. If you say that you hate Daddy and you don’t want to see him, I will buy you a bike or take you on holiday.” This is something that has really happened. I hope that my noble friend will confirm that victims of such alienation will automatically be covered under the broad definitions, so that we will not need to press this amendment to a vote.

I hope that the controversy that seems to have been caused by the term “parental alienation”, which has driven the different wording of this amendment, can be settled by being tested in court. I fully agree with the noble Baroness, Lady Bennett, when she says that the child needs to be listened to and assessed by professionals. The key is for the courts to be aware that alienation such as in these examples may happen and, sadly, is not a rare occurrence. As my noble friend Lady Meyer said, we have had well over a thousand signatures in a short space of time from parents who themselves have suffered this form of abuse. If the courts are looking for this situation and can bring in experts to assess whether what the child is saying has been driven by fear instilled in them by the other parent unnecessarily, unreasonably, or deliberately to rupture the relationship with that parent, the justice system will be able to differentiate between the genuine cases, where a domestic abuser or abuser of children should not have unsupervised contact with their own child, and cases such as have been described.

Cases have been clearly identified in academic studies and evidence where parents who would otherwise be able to enjoy a relationship with their child are denied that opportunity and the child is denied access to that parent and their family. That can cause lifelong mental and emotional damage to the child and, indeed, to the parent. In some cases, the distress of being broken away from one’s children or grandchildren has caused suicide. I hope that my noble friend the Minister will be able to confirm that this is indeed covered by the Bill and I look forward to hearing what she has to say.

[Baroness Fox of Buckley (Non-Afl)]

It is a pleasure to follow the noble Baroness, Lady Altmann. That speech was so well articulated, passionate and thought-provoking. I also echo and “Hear, hear” her comments on the exemplary work of the noble Baroness, Lady Meyer, on this issue.

I have previously expressed concern that the Bill expands the definition of domestic abuse too widely because I worry that some categorisations of abuse, such as emotional and psychological, are too subjective and broad to guarantee justice. Every time I look, a new category of abuse has been added. We have just heard from the noble Lord, Lord Wolfson of Tredegar, that we now have “spiritual” abuse. Even the focus on domestic abuse is endangered as we stretch what constitutes “domestic” far wider than I think is helpful. My concern is that too much is being thrown at the Bill, meaning agencies and the police will not be able to see the wood for the trees.