Domestic Abuse Bill

Baroness Hayman Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Jolly (LD) [V]]

My Lords, Amendments 46 and 47, in the name of the noble Baroness, Lady Campbell of Surbiton, would amend the new clause in Amendment 45, proposed by the noble Baroness, Lady Lister of Burtersett, to ensure that the definition of “personally connected” in Section 76 of the Serious Crime Act 2015 includes the relationship between a disabled person and their carer, in line with the amendments of the noble Baroness, Lady Campbell of Surbiton, to the definition in Clause 2 of the Bill.

Amendments 45, 46 and 47 sit together, and I hope that the Minister can be persuaded to add her name to Amendments 46 and 47. The new clause proposed in Amendment 45 would align the definition of “personally connected” in Section 76 of the Serious Crime Act 2015 with that in Clause 2 of the Bill. The result is that the offence under that section of engaging in “controlling or coercive behaviour” would apply in relation to members of the same family or people who have been in an intimate relationship, whether or not they live together.

Amendment 46 seeks to ensure that the relationship between a disabled person and their carer is included. This amendment and Amendment 47 in the name of the noble Baroness, Lady Campbell of Surbiton, would amend the new clause proposed by the noble Baroness, Lady Lister of Burtersett, in Amendment 45 to ensure that the definition of “personally connected” in Section 76 of the Serious Crimes Act 2015 includes the relationship between a disabled person and their carer, in line with the amendments from the noble Baroness, Lady Campbell of Surbiton, to the definition in Clause 2.

I also highlight that the term “disability” includes learning disabilities, which is important in this context. Many parents choose to look after their children with a learning disability rather than entrust their care to an organisation. When the child becomes an adult and the parents are older and frail, what had been a loving relationship often becomes tense and fraught, and can lead to violence and abuse. This can apply equally when a person with a learning disability has a carer rather than parents. What started as a positive relationship can turn sour, and the abuse of one party by the other and violence are often the outcome. In this case, with no parents, it is the local authority that has the responsibility to sort the problem out.

This is a good suite of amendments and I am happy to support them.

[Baroness Hayman (CB) [V]]

My Lords, I will speak briefly to Amendment 45, but before I do so, perhaps I may record my concern at the situation described by the noble Baronesses, Lady Campbell, Lady Grey-Thompson and Lady Jolly, in relation to people with disabilities. I hope that the Minister will be able to give some comfort from the Front Bench on what is obviously a very unsatisfactory situation.

On Amendment 45, I want simply to add my thanks to the noble Baroness, Lady Lister, and the supporters of her amendment, both inside the House and those who have campaigned outside it, for this change to the provisions regarding post-separation coercive control. I also express my gratitude to the Minister for listening and, more than that, acting by adding her name to the amendment. Like the noble Baroness, Lady Lister, I have had a tremendously positive response to the news that the change was to be made. I can do no better than to quote from a note I have received from the director of the Daisy Programme in Norfolk, of which I am a patron. She has said, “We continue to witness at first hand the insidious nature of continued domestic abuse post separation and the controlling nature of perpetrators. Retraumatising of survivors is common as they continue to tell, retell and tell once again their stories, leaving little time to begin the process of rebuilding their lives.”

These amendments will support survivors and children who have been deeply impacted. As others have said, these are important amendments that will change people’s lives, and I welcome them.

[Baroness Uddin (Non-Afl) [V]]

My Lords, it is a privilege to take part in this debate. Before I speak to Amendment 45, I want to echo other noble Lords’ sentiments and say how heroic my friend the noble Baroness, Lady Campbell of Surbiton, has been in her undeniable and outstanding leadership. I am delighted to call her a friend. Another incredible champion of people with disabilities is the noble Baroness, Lady Grey-Thompson, who is also a friend. Her words are etched and lie heavily on my heart as someone who has cared for a disabled adult for 42 years. I hope that we can get to a place where we can find some solutions.

I thank and salute my noble friend Lady Lister and her long list of supporters and welcome Amendment 45, which seeks to strengthen the legislation on post-separation controlling or coercive behaviour, making it no longer a requirement that abusers and victims must live together for it to apply. This is an important amendment that will lead to post-separation abuse becoming a criminal offence. I am grateful to the Minister for her personal persistence and advocacy. Many survivors will today express small relief and quiet prayers for the protections to come.

There are many ways in which perpetrators can control the lives of survivors, to devastating effect, whether they live together or not. These include using financial dependency, and the survivor’s desire to protect their children from poverty; societal and cultural pressures; and a lack of belief on a survivor’s part that it is not her fault, that she has not contributed to her partner’s, husband’s, lover’s or family member’s violence or coercive behaviour. Ex-partners may also use cultural references, faith or social norms to continue to torment survivors, whose self-belief and confidence may have been substantially depleted with questions: why did she not leave? Was the decision to divorce or separate right? Was it in the best interests of the children?

I speak from considerable experience, having for years supported women who suffer from controlling behaviour, even after separation and divorce. I wish to single out one incident I witnessed earlier today outside my door of an ex-partner turning up at the survivor’s parents’ home, demanding to see her and her child. They have been divorced for nearly four years. The woman in question was so traumatised and frightened that I had to grab her, get her inside the house and calm her down. Her ex-partner was so obsessed with having the children and seeing the woman that he left only when I threatened him with reporting the matter to the police. Anyway, I do not want to go into any further details.

All survivors will understand the intense fear of the extents to which an angry perpetrator may go, in addition to external means of control: intimidation, threats of violence, and denigration of the mind through the instrument of internalised fear. The perpetrators do not even have to be present; survivors can easily be reached by modern methods. Constant voice, text and video messages can create psychological and emotional havoc by inducing imminent and ever-present danger while the survivor is silenced. This is often destructive to their long-term well-being.

As Surviving Economic Abuse outlines, economic abuse does not require physical proximity. It can escalate, or even start, after separation, creating significant barriers for victims seeking to rebuild their lives. This amendment is needed because abusers often continue to use coercive control after separation, and victims are at a heightened risk of homicide in this period. We all know that lack of access to economic resources can result in a victim staying with an abusive partner for longer and experiencing more harm as a result. Noble Lords will be familiar with the experiences of survivors who face additional forms of discrimination, including black and other minority women, women with disabilities, migrant women and women from LGBT communities, who continue to face serious barriers to protection, safety and support.