Domestic Abuse Bill

Baroness Massey of Darwen Excerpts

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

[Baroness Massey of Darwen (Lab) [V]]

My Lords, I am delighted to have finally entered the debate, and delighted that this important Bill is now with us. The Minister, colleagues and those working with domestic abuse clearly feel the same. There has also been extensive feedback on the issue of domestic abuse in public consultations. The voluntary sector for children, women and families has co-ordinated superbly to provide expertise and argument. The process has been good, and all this has added to the quality and credibility of the Bill and this excellent debate.

I shall focus my remarks on issues related to children, which includes teenagers, who are still children under the UN Convention on the Rights of the Child. We need to listen to children, whose stories can reveal urgent issues that may need good practice.

Last summer, a round-table meeting was held at your Lordships’ House to discuss the Domestic Abuse Bill in relation to children. It was attended by Members from all Benches of your Lordships’ House, and many charities. We recognised that children’s services are under severe pressure, as indeed they were before the Covid epidemic. A Women’s Aid survey found that 60% of service providers have needed to reduce or cancel their services for children. The charity Refuge has reported a 700% rise in calls to its helpline. Child abuse cases have soared, as have cases of domestic violence. The impact of this on children will be enormous in relation to their future relationships, educational attainment, risks of exploitation, mental health and other issues.

I turn to the issue of teenage relationships abuse. Currently, the Bill defines domestic abuse as acts taking place between people over the age of 16. Research shows that abuse can and does take place at a younger age. The draft statutory guidance to the Bill recognises that teenage relationship abuse takes place at similar rates to that in the adult population and that specialist support, different from adult services, is needed. However, abuse between teenagers is counted as child abuse and thus relies on the current child protection system, which was designed to protect children from abuse within the home. Teenage relationship abuse is not defined in statute, nor does it appear in national guidance, which means that it is not picked up in child protection systems.

Surveys of young people, when they were asked if they recognised an abusive relationship, showed that over 50% said that they could not. Some schools have addressed the issue of such abuse and schools are now obliged to teach about relationships and sex education, which is progress. Children need to be helped to understand relationships, including abusive ones. But it is a difficult issue to tackle without services that can recognise and give help with the problem. Research from the Children’s Society found that only 39% of local authorities provide specialist support for the under-16s. Children who are abused in a relationship, sexual or otherwise, may well be damaged for life without adequate intervention.

The Government have recognised that children who experience domestic abuse within their families are victims of abuse in their own right, and that is good. Now, teenage relationship abuse needs to be addressed within the Bill. Separate statutory guidance on teenage relationship abuse is needed. It must include early intervention, prevention, and referral to specialist support for those abused and for the perpetrators. This is dangerous territory that needs to be urgently navigated in order to avoid serious damage, just like earlier interventions in issues related to children. I hope that the Minister, whose stamina I greatly admire, can give assurances on this, and I look forward to her response to this excellent debate.

Domestic Abuse Bill

Baroness Massey of Darwen Excerpts

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

[Baroness Massey of Darwen (Lab) [V]]

My Lords, this amendment raises important issues in relation to domestic abuse. It is relevant to Amendment 184 in the next group, on teenage relationships, to which I shall speak. And I shall be brief.

The noble Baroness, Lady Benjamin, passionately described the situation in relation to helping prevent domestic violence in the next generation. We must maintain this passion. The United Nations Convention on the Rights of the Child and the Istanbul convention are powerful statements and calls to action, but of course calls to action must be taken at the national level, and we must do so.

The Council of Europe’s Lanzarote convention, which the UK ratified in 2018, continues to provide new insights into violence against children, including sexual violence and any form of exploitation. It was the first convention to address violence in the home. I declare an interest as the UK representative on the Council of Europe, and I attend the Lanzarote Committee. Its central tenet is:

“No violence against children is justifiable. All violence against children is preventable.”


Violence in teenage relationships, in whatever form, is violence against children: they are under 18. We need to consider how violence might be inspired. This amendment suggests that there is much concern about the influence of child viewing of violent and/or pornographic material, which may have a detrimental influence on the development of children’s brains and emotional behaviour. This is well documented.

A recent report from the Children’s Commissioner looked at the range of online platforms used by children, from social media to gaming and messaging. Digital technology is now a feature of children’s lives. One in three internet users around the world are children, and half of all 10 year-olds in the UK have their own smartphone. Of course, the digital world has much to offer, such as communicating with family and friends and accessing information. However, the digital world has not kept pace with keeping children from harm. In the digital age, people, including children, are influenced by what they see in the media, particularly if they are vulnerable in the first place. There is also evidence to show that some children watch this material at home, sometimes with parents. Children watching unsuitable material online has increased during Covid, not surprisingly.

Research has shown that perceptions of body image are susceptible to online images, especially among girls, leaving them feeling underconfident and inadequate. Violence in sexual relationships is sometimes presented online as normal, and there is evidence to show that teenagers, male and female, take it as such, as the noble Baroness, Lady Benjamin, said. What does this say about how they will develop healthy relationships? What does it say about them becoming a possible perpetrator of violence, or a victim of violence, accepting such behaviour as normal?

The online harms Bill may be some way off, and we cannot wait to act. This amendment asks the Secretary of State to commission an investigation of the impact of access to online pornography on children and how this may encourage abuse. An age verification virtual conference took place in June 2020, with evidence from over 20 countries. It included a discussion of the effects of substantial online exposure on the adolescent brain. There is much research to work with, but there is more to do, specifically in the UK. I hope the Government will act on this.

[Baroness Eaton (Con) [V]]

My Lords, I am pleased to speak in support of Amendment 177A, so ably proposed by the noble Baroness, Lady Benjamin.

Protecting children from pornographic websites is no less important now than it was in 2015, when the seminal Conservative manifesto commitment was made to

“stop children’s exposure to harmful sexualised content online, by requiring age verification for access to all sites containing pornographic material”.

Similarly, protecting children from pornographic websites is no less important now than when the Digital Economy Bill became an Act of Parliament in 2017.

The noble Baroness, Lady Benjamin, and others have eloquently covered many points I wished to make, and therefore I will not repeat them. However, I would like to make two points.

First, in understanding the full significance of Amendment 177A, it is important to see it as an investment to reduce the incidence of domestic violence in the future. A significant proportion of online pornography depicts sexual violence, and if Part 3 of the Digital Economy Act is not implemented, under-18s will be exposed to this content and will conclude that violence is a normal part of sexual relationships. This will, in turn, inevitably impact behaviour, not only among under-18s now but as they grow into adulthood. Protecting children from access to this pornography is not just about impacting them today; it is about impacting their development because of the consequences that it will reap tomorrow, when they are adults, in levels of domestic violence.

Secondly, I observe that the challenge we face is not unique to the UK. A US survey of 2,227 men and women aged 18 to 60 years old, published in 2020, found that

“the associations between pornography use and sexual behaviors was statistically significant. … Clinicians need to be aware of recent potential shifts in sexual behaviors, particularly those such as choking that may lead to harm.”

The authors also said:

“We were struck that one-fifth of women … reported having been choked as part of sex.”


In this context, it seems the 2015 Conservative manifesto was ahead of its time.

--- Later in debate ---

This amendment also mentions marriage, the relationship form that most young people aspire to and the family context for raising children where abuse is statistically least likely to be present. Various studies and ONS statistics suggest, first, that domestic abuse is more prevalent in cohabiting relationships than in married/civil partnership couples; and, second that it is more prevalent between divorced or separated couples than where relationships are intact. The act of marriage does not, of course, vaccinate couples against violence, so compulsory preparation before entering this solemn, lifelong commitment makes a lot of sense, particularly if it helps to reduce levels of relationship dysfunction such as abuse and breakdown. This is important, because children growing up with unrelated adults, especially adult males who move in after their parents break up, are statistically much more likely to witness or experience abuse and violence than those who grow up with both biological parents.

[Baroness Massey of Darwen (Lab) [V]]

My Lords, I shall speak to Amendment 184, to which I have added my name. This amendment focuses on the issue of abuse in teenage relationships, which is very worrying and more common than we may think. Teenagers are children, and should be treated with all the protections offered to children in law and practice. I define children as expressed in the UN Convention on the Rights of the Child—that is, any person aged 18 or under is considered to be a child.

I am familiar with the government view that abuse between children below the age of 16 is child abuse and should be dealt with under child protection. I suggest that this may be a somewhat redundant view. The system was designed to protect children from abuse within the home, not from outside. Many children aged 14, for example, are not always in the home, but some may be, and suffering from abusive relationships. They would therefore not be deemed suitable for statutory intervention.

As we know, there are gradations to maturity in children, especially in adolescents, who are still children but going through emotional and physical changes. Some children are mature in many ways at the age of 13 and some are not. Some of 18 are still immature emotionally, if not physically. Children cannot be slotted into a particular category simply because of age. Sexual activity is one of those categories, much as we may wish it were not.

The Bill and action after it need to address the fact that teenage relationship abuse is not defined in any statute or routinely identified in the child protection system. Interviews with young people, particularly girls, show a high acceptance of what would normally be considered unacceptable behaviour in boys, including violence. Relationships and sex education in schools, referred to by several noble Lords, may produce many benefits to young people. Making this statutory may help to develop self-esteem concepts and ideas of what is healthy and unhealthy in relationships, for boys as well as girls. With Covid, such sensitive discussions are not possible in schools. I fear the outcomes of that.

I taught adolescent girls for many years. Some of those from vulnerable backgrounds, but not exclusively, said that they would accept bad behaviour and even violence from a boy and consider it normal. I thought things would have radically changed many years later, and they have among some young people and people generally, but less than I would have expected. This is possibly due to the influence of the media and other complex factors. Relationship and sex education may have a greater impact now. It is more high profile and generally better prepared for and acceptable.

Beyond education, we need services that support children to prevent and address teenage abusive relationship. Brook Advisory Centres, which I have been involved with for many years, offer free confidential advice for young people under the age of 25 from trained staff, not only on contraception, but on relationships and abuse. But not every town has a Brook Advisory Centre. It would help in all kinds of ways if communities had confidential health services for children and young people.

Statutory guidance must make it clear that, if a child is a victim of abuse in an intimate relationship, they should be entitled to specialist support services. Those services must be available, visible and confidential. Statutory guidance on teenage relationship abuse must be produced to cover both victims and perpetrators. I hope this will be considered by the Government. I look forward to the Minister’s reply.

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

My Lords, I shall speak chiefly to Amendment 184, tabled by the noble Baroness, Lady Burt of Solihull, and signed by the noble Baroness, Lady Massey of Darwen. I declare my position as a vice-president of the Local Government Association.

It is very important that the Government consider the issue of teenage relationship abuse and the need to provide services and support to deal with it. The amendment talks about

“sufficient levels of local authority service provision”.

We know how stretched local authorities are and there is a need for resources attached to that. It is very telling that a lot of the research into this area has come in the last couple of years. A lot of the research and work has been done by NGOs and campaigning groups, and indeed a lot of the education work.

I note the excellent Women’s Aid #LoveRespect campaign and research around that, which found that one-third of teenage girls knew that they had been in an abusive relationship. However, when the remaining two-thirds were asked more detailed questions, it became clear that more than half of them had experienced abusive behaviour but had not recognised it as such. I will go to the words of someone with experience. Women’s Aid quotes its ambassador, the personal trainer, author and social media influencer Alice Liveing, who said:

“When I was 16 I found myself in an abusive relationship and felt so isolated and alone. I didn’t think that abuse happened to young people, and to be honest I had no idea that what I was experiencing was even abuse for a long time”.


I look also to the excellent work of the group SafeLives, which quotes the 2015 Crime Survey for England and Wales reporting that 6.6% of males and 12.6% of females aged 16 to 19 had experienced domestic abuse in the past year, as well as a survey of 13 to 17 year-olds which found that 25% of girls and 18% of boys had experienced some form of physical abuse in a relationship, with the highest level of severity being no different from that suffered by adults.

To further add to the evidence on this, the research project From Boys to Men found that 49% of boys and 33% of girls aged 13 to 14 thought that hitting a partner would be “OK” in at least one of 12 scenarios that they were presented with. Clearly we have a problem here, and I believe it is really important that the Domestic Abuse Bill acknowledges this and accepts that there is a need to provide resources to deal with it.

I will briefly address Amendment 180 in the name of the noble Baroness, Lady Meacher, and others. I note that in introducing it the noble Baroness acknowledged that the wording perhaps needed some work, and indeed I found some of it rather surprising. However, the push in proposed new paragraph (c) for increased mental health support in primary schools is certainly something that is very important to raise, given the epidemic of mental ill health that has only been growing in our deeply unhealthy society.

However, proposed new paragraph (d) does not really acknowledge the fact that the Government have brought in compulsory sex and relationships education—I know a great deal about that because in the other place my honourable friend the Member for Brighton Pavilion has been at the absolute forefront of pushing for fully inclusive age-appropriate relationships and sex education. However, I find the final element of the amendment rather curious, with its focus on marriage. The privileging of one form of relationship over another in education is not a constructive approach.

I hope the Committee will forgive me if I take a brief moment for a final reflection, given that we are coming to the end of the sixth day of discussion of this important Bill. The debate has been thoughtful and thorough, and I hope it will be useful for the Government when they go away to consider it. I want to reflect on the words of the noble Lord, Lord Paddick, in the debate on Amendment 173. He was paying tribute to all the feminist campaigners who came before us who brought us to this point. That led me to look back over the history of misogyny in your Lordships’ House, which drew me rather quickly to one of our predecessors, Lord Curzon—a man against whom many charges might be laid. Little more than a century ago he authored a pamphlet giving 15 reasons against women’s suffrage. I know that one of his descendants is with us today and I will not hold his family heritage against him. But there is an important lesson to be drawn from that reflection on history: the lesson that campaigning works. Over decades, feminist campaigners have transformed the place of women in society. The Bill is an important reflection of that, and that is something that we can take into Report to fortify us for the debates ahead on this truly important Bill.