Domestic Abuse Bill

Baroness Helic Excerpts

Wednesday 21st April 2021 Lords Chamber

Moved by

[Baroness Helic]

At end insert “and do propose Amendment 33B in lieu of Amendment 33—

33B: After Clause 64, insert the following new Clause—
“Training
(1) The Lord Chancellor must within six months of the passage of this Act publish—
(a) a strategy for providing specialist training for all magistrates and judges hearing cases in family proceedings in the Family Courts concerning rape, sexual and domestic abuse and coercive control; and
(b) a timetable for the delivery of the training mentioned in subsection (1)(a), to include the training of all judges and magistrates who are already hearing or who are to be appointed to hear Family cases and to include continuing professional development training for all such judges and magistrates.
(2) The training mentioned in subsection (1)(a) must include but is not limited to training concerning—
(a) the impact upon victims and witnesses, both adults and children, of the trauma of rape, sexual and domestic abuse and coercive control;
(b) the risks and difficulties for victims and witnesses in giving evidence and taking part in proceedings concerning rape, sexual and domestic abuse and coercive control;
(c) the risks and difficulties for victims and witnesses of being involved in proceedings where one or more other parties may be the perpetrators of rape, sexual and domestic abuse and coercive control or persons connected to such perpetrators.
(3) Before publishing the strategy and timetable mentioned in subsection (1)(a) and (b) the Lord Chancellor must consult—
(a) the Lord Chief Justice;
(b) the Chairman of the Board of the Judicial College;
(c) the President of the Family Division;
(d) the Chief Executive of the Magistrates Association; and
(e) the Domestic Abuse Commissioner.
(4) After commencement of this subsection, which must be not more than two years after the passing of this Act, the Lord Chancellor must ensure that no Family cases are heard by judges or magistrates who have not successfully completed the training mentioned in subsection (1).””

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[Baroness Helic (Con) [V]]

My Lords, I express my thanks to everyone who has supported this amendment in its previous guises, especially the noble Lord, Lord Marks, my co-sponsor; the London Victims’ Commissioner, who played an instrumental role in its early stages; and the domestic abuse commissioner-designate.

I am grateful to my noble friend the Minister for meeting me several times and engaging with what I have had to say, even if he does not agree with it. He raised two fundamental objections: that the amendment is unnecessary, and that it is contrary to the principle of judicial independence. I am yet to be convinced of either of those points. We are assured that all judges and magistrates already undergo training on domestic abuse, but there is very little transparency around the form of the existing training. I am grateful to my noble friend for offering more detail than we have previously heard on this point.

I am pleased that domestic abuse makes up more than 50% of the content of private law induction training. However, I am afraid, that makes the case for this amendment only stronger. Based on the real evidence that comes out of the family courts day in, day out, the existing training is simply not working. Judges and magistrates do not have the necessary understanding of domestic abuse. We still hear of judges who do not believe in coercive control, do not recognise domestic abuse unless it leaves physical injury, and say that there was no conviction for abuse so therefore there was no abuse. Survivors—both men and women—are unable to trust the courts and are afraid to go to them. Abusers know that they can use the courts to continue their abuse.

If the existing training is not working, we must reform and improve it. That is why the requirement to consult the domestic abuse commissioner is so important. I am pleased to hear that the senior judiciary takes this issue seriously but, when the system is so flawed, it is hard for effective change to come from within it. If the Judicial College could open itself up to and work with experts such as the domestic abuse commissioner, that would make a real difference. It is the sort of commitment that we need but which we have not yet heard. It is worth stressing this point: without specific detail on the nature of training, it is hard for specialist organisations to assess whether it is up to date and appropriate. I hope that my noble friend, and indeed the senior judiciary, will look hard for ways to improve the transparency around training and engage with a wider range of experts and organisations in providing that training.

On the question of judicial independence, of course I recognise that my noble friend is right to be cautious. Judicial independence is hugely important and I would not want to suggest anything to undermine it. However, I do not accept that this amendment does that; I hope that I have made this even clearer in its revised version in Motion C1. The Lord Chancellor is sworn to defend the independence of the judiciary. In drawing up a strategy for training, he would have to act within the terms of that oath. The amendment also makes clear the important roles of the Lord Chief Justice, the chairman of the board of the Judicial College, the President of the Family Division and the chief executive of the Magistrates’ Association. That is a powerful judicial voice in the process.

I know that my noble friend the Minister recognises that training is necessary to make all the provisions in the Bill work as they ought to—as we hope they will. I am grateful to him for raising this with the President of the Family Division and the head of the Judicial College, and I am pleased to hear their assurances on reform. I note, however, that we have heard similar assurances for some time now without seeing real change. For example, the harm panel implementation plan made commitments on training that we have not yet seen implemented. This is why I still believe that legislation is an appropriate and necessary route in delivering the improved training that we both think is required. If my noble friend cannot accept this, I hope that he will prove me wrong. Perhaps he could play a convening role, bringing together judges and domestic abuse experts. I hope that he will continue to make the views of your Lordships’ House, which contains eminent lawyers and former judges who support this amendment, very clear to the senior judiciary.

The current training is not working. Reform is desperately needed. If we hope to build a system that works for victims and survivors—not their abusers—we must not forget that.

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[Lord Wolfson of Tredegar (Con)]

My Lords, I am again grateful to all noble Lords who have taken part in this debate. I first pick up the contribution from the noble and learned Baroness, Lady Butler-Sloss. On the previous Motion I respectfully commended her experience. Even though I lost that vote, I do so again, because she has given the House a lot of detail as to the training that is actually provided. The House now ought to be reassured that, right from the top of the judiciary through to the Judicial College, there is a commitment to the importance of training, to ongoing training, to training from a variety of providers and not just judges, and, as the noble Lord, Lord Marks of Henley-on-Thames, picked up, to specific training on the Domestic Abuse Bill—or, as I hope it will soon be, the Domestic Abuse Act. I hope that that level of detail has been helpful to the House and, in particular, helpful and reassuring to my noble friend Lady Helic.

I also tried—I hope I succeeded, to an extent—to reassure my noble friend as to the extent and content of the judicial training. I repeat the constitutional point that we cannot force the judiciary on the nature, content or extent of that training. But there is, as I have said, commitment from the very top to make sure that the Judicial College fulfils its role and that all judges and magistrates are properly trained on domestic abuse generally, and specifically on this Act. The House can be assured that in my ongoing discussions and meetings with senior judiciary, including the President of the Family Division, I will keep the question of training on domestic abuse on the agenda. Even if I did not, the President of the Family Division would be totally focused on it anyway, but none the less I will ensure that it is part of our discussions.

I also respectfully agree with the point make by the noble Lord, Lord Marks of Henley-on-Thames, that we must remember the particular difficulties—and the judiciary is increasingly aware of this—that victims of domestic abuse have in court proceedings. The House will be aware that we have made a number of other provisions in this Bill to do with witnesses, parties and cross-examination that will improve the lot of victims of domestic abuse in our courts. That is something I personally am very conscious of and focused on. Courts can be intimidating places at the best of times, and if you are a victim you can double, quadruple or quintuple the amount of intimidation you feel merely from the process. We have made some good improvements there.

The noble Lord, Lord Paddick, correctly says that the proof of the pudding is in the eating. The danger with metaphors is stretching them too far, but in this context we are all committed to making the best possible pudding. The way you do that, if I can stretch the metaphor, is to have the best set of ingredients. That is why the Judicial College, in its training, has already engaged, and will continue to engage, training from a wide variety of providers—though the decision as to who those providers are has to be ultimately that of the Judicial College.

I hope I have dealt with all the points raised in this debate. I will take literally 30 seconds to respond to the noble Lord, Lord Kennedy of Southwark, on the judicial independence point. It is such an important point that I must not let it go past, if the House will indulge me. My approach to judicial independence is really very simple: you can disagree with the decision but you respect the decision-maker. It really is as simple as that. I fear that, for the second time this afternoon, I have touched on points of important constitutional principle. I will not continue the lecture any further. I hope that my noble friend Lady Helic will indeed withdraw her amendment.

[Baroness Helic (Con) [V]]

My Lords, I will be brief. I am very grateful to all noble Lords who have contributed and agree with a great deal of what has been said. The noble Lord, Lord Marks, has been an invaluable support throughout this process, not least on navigating the constitutional issues, and I commend his words on the feelings of survivors and the importance of up-to-date training.

The noble and learned Baroness, Lady Butler-Sloss, has been a powerful voice on training across all stages of this Bill. I am pleased we agree on the importance of training, even if we do not agree on the mechanism for reform. Her update on the specifics of training is very interesting. It is reassuring that the courts are at least heading in the right direction, even if I believe that there is still some way to go.

The noble Lord, Lord Paddick, makes the important point that not all training is equal. It is not enough to have training; it needs to be good training. That is why reform is important. The noble Lord, Lord Kennedy of Southwark, adds his support for updated, quality training. This really is a cross-party issue, and I hope that this will be noted by the judiciary, which I hope is following these debates.

My noble friend the Minister has been generous with his time and in his response. I also value his role as an intermediary with the judiciary. It is very good to hear from him that reform is under way. I hope he will continue to raise this issue in his meetings with the President of the Family Division and others, and to keep an eye on training, even if the Government will not direct it. I am certainly grateful for the assurances he has offered us today.

I hope that, in debating judicial training, we have helped raise its status as an issue and made clear to the Government and the judiciary how important it is in tackling domestic abuse. The greater detail on existing training that my noble friend offered was important. The assurances and commitments we are hearing from him, and from the judiciary via him, are very welcome. There is much more work to be done. I hope that this can be the beginning of a process, rather than the end. For now, I will withdraw the Motion.

Motion C1 withdrawn.

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While I welcome this approach, I am interested to hear from the Minister why a route to leave to remain to assist recovery is possible in the case of one set of victims of serious crime, but not in another. I am interested to hear all that will be discussed today, and I am very grateful to noble Lords who support this amendment. I beg to move.

[Baroness Helic (Con) [V]]

My Lords, it is a pleasure to follow the right reverend Prelate the Bishop of Gloucester. I know how hard she and the other noble Lords who have backed amendments on support for migrant victims have been working on this issue. I am particularly grateful to the noble Baroness, Lady Hamwee, for her support on Report. I am also tremendously grateful to End Violence Against Women for its assistance; I would like to take one last opportunity to praise it and organisations such as Southall Black Sisters and the Latin American Women’s Rights Service for the extremely important work they do.

My noble friend the Minister has been generous with her time and has worked tremendously hard on this Bill, and I recognise that the Government have made some very important concessions elsewhere. I am sorry that we have not yet been able to put in better protection and support for the migrant victims who so desperately need it. However, I am grateful for the Minister’s commitment on the statutory guidance just offered.

Of the various amendments relating to migrant victims, the original Amendment 43 passed with the largest majority in your Lordships’ House. I believe that this in part reflects the strength of feeling around the Istanbul convention. Since we last debated this amendment on Report, Turkey has withdrawn from the convention—a serious backward step for millions of women. It is one that makes our own failure, or inability, to ratify almost nine years after we signed all the less excusable. We should be leading the charge for women’s rights around the world, yet we cannot get our own house in order.

Motion F2 is a significant concession. It would not create any additional financial duties. It is much more limited in scope than its predecessor, dealing only with local authority strategies—not with all aspects of support and protection—and making non-discrimination a consideration rather than an absolute requirement. I am glad that my noble friend recognised that this amendment does not pre-empt the pilot project and reviews currently under way but could still improve the lives of some of the most vulnerable victims of domestic abuse. It could make all the difference for them between getting the support that they need to escape to build a new life and remaining trapped, stuck with abusers who use immigration status as one more weapon in their arsenal.

I fear that we will have missed an important opportunity if we do not manage to embed greater protection and support for migrant victims in the Bill. I know that the demands on the Government are many and varied, and that future action, though promised, can easily slip. We have before us legislation and a ready opportunity to improve the lives of desperate, vulnerable victims and give them some protection, support and dignity, and a chance to become something more than victims. The various amendments being proposed—Motion F2, Motion F1 and, earlier, Motion E1—are chances to act. They are more limited in scope and ambition than earlier amendments, but they could still make real improvements to the lives of women and men experiencing abuse. I am sorry that the Government have not embraced them.

I hope that my noble friend the Minister will at least be able to offer us some prospect of progress on the Istanbul convention. She said “as soon as practicable”, but I am afraid that that is still indefinite. A timetable for ratification—a yardstick by which we could monitor and observe progress in the future—would be very welcome. If we cannot legislate, at least we can scrutinise. A firmer commitment to full ratification without any reservations, sooner rather than later, would be a point of light in a world where women’s rights are slipping backwards as often as they are marching forwards.

I do not want to hold up this Bill. I know that timing is tight, and the last thing anyone wants is for it to fail. I am grateful to have taken this issue this far and to have had such resounding cross-party support for both the Istanbul convention and the important issue of non-discrimination—which, I should note, goes much wider than just migrant victims, although they have been my main focus in your Lordships’ House. I hope that the Government will not forget the strong arguments that have been heard across all stages of the Bill. Above all, I hope that they will not forget the powerful testimonies of survivors that have featured. Their voices are our inspiration and courage. I hope that we can give them the support and protection they deserve.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble and learned Baroness, Lady Butler-Sloss, has withdrawn. I have no notification of unlisted speakers, but does anyone in the Chamber wish to speak? No. In that case, I call the noble Lord, Lord Paddick.