Domestic Abuse Bill

Baroness McIntosh of Hudnall Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Butler-Sloss (CB) [V]]

My Lords, I will speak to Amendments 31 and 85. I underline that domestic abuse services, which I very much support, should include victims being forced into marriage. I particularly have in mind the special needs of those being forced into marriage who are under the age of 18. I know that the Minister is well aware of the points that I am making. I am sorry to keep pressing them, but I want them on the record.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

The noble Baroness, Lady Goudie, has withdrawn, so I call the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, having listened to other speeches from noble Lords, I realise that the comments that I have prepared are far too mild. I was just going to congratulate everyone who has campaigned and fought for proper provision and thank the Government for working constructively. It is not often that I find myself on the mild end of things. I think that there is now a clear understanding of the need for community services, including supporting survivors of domestic abuse in their own homes. I feel strongly that the abusers should have to leave and not the survivors. The Green group is very supportive of Amendment 85 from the noble Lord, Lord Rosser. I am sure that we will come back to it at another time in another place. In the meantime, well done everyone.

[Baroness Sanderson of Welton (Con)]

My Lords, it is an honour to follow the noble Baroness and her mild comments. I will speak to and welcome Amendments 17, 24 and 28. As we have said many times before, this was already a very good Bill. I thank the Government and particularly my noble friend Lady Williams for the lengths to which she has gone to improve it further. She has been unstinting in her determination to address many of the outstanding issues, always putting the victims’ needs first. With these amendments, I believe that the Government have addressed the potential unintended consequences of a two-tier system.

The Government are wary of specifying what the independent commissioner should and should not report on, and I agree with them. The Minister has also made the point that the commissioner is already undertaking the relevant mapping exercise. None the less, Amendment 17 sends a signal about the importance of community-based services. Together with the requirement for local authorities to assess the impact of the duty under Part 4 and the further requirement, via Amendment 28, for local partnership boards to advise on other local authority support, I believe that this provides a robust and, importantly, ongoing mechanism and structure for ensuring that community-based services are not adversely affected by the duty.

I welcome the Government’s commitment to consult on the provision of community-based services and congratulate my noble friend Lord Polak on all the work that he has done in this area. I also welcome the amazing number of charities and stakeholders that have welcomed these amendments. As I have said before, I understand why the Government cannot extend the duty in this Bill. On this issue and so many others, they have come forward with significant changes. They have moved where they can and altered their position in areas where we thought that they would not.

I realise that I am still relatively new to this House. I also realise that no Bill will ever be perfect and that noble Lords will fight for the changes that they think are right, but this Bill has cross-party support, and for very good reason. It will create a genuine step change in the way we tackle domestic abuse. It has already raised so much awareness. Someone who works on the front line said to me on seeing the raft of government amendments:

“You should see the amazing survivor messages I’m seeing this morning. I’m quite emotional seeing their excitement. We feel the tide is turning.”


The tide is turning but, as we all know, we have only a limited period to get this Bill through. I believe it is now up to us to bid it safe passage.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

I call the noble Baroness, Lady Watkins of Tavistock. No? Perhaps we should hear from the noble Baroness, Lady McIntosh of Pickering, since she is with us.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I will speak briefly in support of my noble friend the Minister and congratulate her on bringing forward this group of amendments. It shows that a serious issue has been raised and the Government have risen to the challenge and addressed it. It is extremely important, for the reasons that others have set out. I congratulate my noble friend Lord Polak and others on the work that they have done in bringing us to this place.

I will raise one concern with my noble friend the Minister, which was addressed by the noble Lord, Lord Hunt, and which I think we are all aware of. We are yet to assess the implications of the pandemic and the recent Budget on local government finances. I seek assurance from my noble friend because there is a genuine concern out there. I know that many authorities, such as North Yorkshire and many others in rural areas, prioritise the most vulnerable in society—young people, children and the elderly—but there is concern that their budget and resources are severely stretched. While I welcome the amendments, particularly government Amendment 17 and the others set out by my noble friend, we are entirely dependent on local authorities having the provision to make this happen. Is she entirely convinced that they will have the resources to enable them to do so?

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I should make it clear that the noble Baroness, Lady Watkins of Tavistock, has withdrawn from the debate, so we shall not be hearing from her on this occasion. I call the next speaker, the noble Baroness, Lady Finlay of Llandaff

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, I should declare that I chair the Commission on Alcohol Harm. I added my name to Amendment 31 in the name of the noble Lord, Lord Hunt of Kings Heath, and the noble Baronesses, Lady Goudie and Lady Hollins. It is very welcome that the Bill will, for the first time, give local authorities a formal role in the provision of domestic abuse support. The voluntary sector has done a heroic job in protecting survivors, victims and their families, but this vital task should not be left to the voluntary sector alone.

The words of the Minister were welcome, reflecting her deep and sincere commitment to tackling domestic abuse. The government amendments recognise the need to ensure that regulation will meet need and are certainly to be supported. If I heard correctly, some of the additional finance will apply only to England. How will parallel community services be financially supported in Wales? Without that additional funding also coming to Wales, there will be a serious risk that women fleeing abuse will also have to flee Wales to get the support they need.

We must not ignore those outside refuges, some of whom are turned away due to their alcohol and substance-use needs, which makes them ineligible for support from their local authority. However, they still need support. The amendment of the noble Lord, Lord Hunt of Kings Heath, is needed in addition to the Government’s amendments. It would ensure that the necessary support is available and would support the whole scoping exercise without any discrimination. I really urge the Government to support it.

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[Baroness Benjamin (LD) [V]]

My Lords, I will refer to Amendments 20, 22, 24 and 29.

I understand that the Minister has committed to consulting on community-based domestic abuse services as part of the victim’s law consultation this summer; that is extremely welcome. I thank the Government for this, and thank the noble Lord, Lord Polak, for his commitment to this issue. I also thank the Minister, who rightly responded to concerns raised by Barnardo’s—I declare an interest as the vice-president of that charity—and many other charities and organisations representing adult and child victims. As we know, children are often the hidden victims of domestic abuse. Can the Minister confirm that a statutory duty to deliver community-based services is a possible outcome to ensure that the majority of victims are supported in future?

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

The noble Lord, Lord Randall of Uxbridge, has withdrawn so I call the next speaker, the noble Baroness, Lady Primarolo.

[Baroness Primarolo (Lab) [V]]

My Lords, like the other speakers this afternoon, I welcome the Government’s amendments. However, I remain concerned about two matters, to which I will speak briefly; I will also ask the Minister to try to assure the House on them.

Many speakers have mentioned my first concern. Although having a statutory duty on local authorities to provide accommodation is welcome, if we do not deal with the question of community-based services, there is—as the noble Lord, Lord Hunt, said—a huge danger of money being transferred into the provision of the accommodation and away from such services. The Minister, who has done an excellent job on this Bill, has not explained clearly to the House why Amendment 30 in the name of the noble Lord cannot be accepted so as to protect these services in the interim while the commissioner undertakes her mapping exercise. If she is not prepared to accept that amendment, will she explain to the House what steps the Government will take to protect community-based services in the period when the mapping will be undertaken?

The second area that I want to refer to briefly is that of joint commissioning and the work being done in localities to provide these valuable services. The Minister touched on the lack of clarity over what this meant. I made inquiries of these services in Gloucestershire, a large county where localities have been undertaking community-based commissioning since 2013; this involves working across local authorities, health authorities, the police and crime commissioner and other services. The joint commissioning model has enabled them to offer far more women help than would be possible under an accommodation-based offer only. The service, they tell me, has taken referrals for 6,000 women in the past year, whereas an accommodation-based model would not have been able to deal with more than around 100 a year.

When we understand this perspective of the importance of community-based services and how they support victims and their families, it is incumbent on the Minister to explain why she is not prepared to take the route of Amendment 85. In Gloucestershire, the emphasis is on safely keeping victims in their homes, allowing them to maintain family and community networks and avoid isolation, and enabling their children to stay connected to their school friends. These are clear objectives that can be distilled in demonstrating what a community-based model looks like. The services also offer places of safety through a scheme in which they provide safe accommodation in the form of individual properties for victims and their families, who can access this accommodation alongside outreach support.

We are talking about specialist services that are there to support victims of domestic abuse aged 16 and over. They provide help desks, phone lines, specialist group work and independent domestic violence advisers to support victims in the courts. They provide independent advisers to support young people and encourage them to confront the perpetrators and the type of behaviour that is developing. They also work with the health services and GPs to identify domestic abuse and respond to it rapidly.

This model is not unique to Gloucestershire. The Government have enough to make provisions in Amendments 30 and 85 to move us forward. This does not mean that the services will be available tomorrow, but it does mean that we understand what types of services are necessary. Even at this late stage, with the excellent work that has been undertaken by many noble Lords in this area, I sincerely hope that the Government will think again, give a much clearer lead on the pathway to deliver jointly commissioned community-based services and make the provision of such services a statutory duty.

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[Baroness Williams of Trafford (Con)]

My Lords, the noble Baroness, Lady Burt, is absolutely right to say that peace has broken out, but I do not think that your Lordships were ever at war. We have all been seeking the same ends. This has been a good and succinct debate—long may that last—and from what several noble Lords have said I know that they will keep a close eye on developments over the next few months.

The noble Baronesses, Lady Jones of Moulsecoomb and Lady Primarolo, made specific points about perpetrators being brought to book and that victims should be able to stay in their own home. The importance of community-based services for the victims of domestic abuse and their children is unquestionable. We share noble Lords’ ambitions to see all the victims of this terrible crime being supported.

It might assist the House if I briefly recap the Government’s reasoning on why now is not the appropriate time to legislate on this issue. I shall return to the point made by the noble Lord, Lord Hunt. The current landscape is complex. Unlike accommodation-based services, those in the community are funded and commissioned not only by PCCs but by local authorities and clinical commissioning groups. Further, as another noble Lord said, the third sector is prominently involved in this. Introducing an undeveloped statutory duty in the Bill would run the risk of cementing in legislation a complex landscape that we are working hard to simplify. Equally, placing the duty on only one of these public bodies would be to risk legislating for responsibility in the wrong place. This is far too important an issue on which to legislate in a rush.

Several noble Lords, including the noble Lords, Lord Hunt and Lord Russell, the noble Baronesses, Lady Primarolo and Lady Burt of Solihull, and my noble friend Lady McIntosh talked about the funding behind this, which is crucial. In fact, it has gone to the heart of the position taken by the Government. We must understand fully the cost of such a duty before we can implement it. The MHCLG duty has been funded at a cost of £125 million, so any action around community-based services must be funded appropriately. As I have said, significant government funding is already provided for these services, with an additional £17.7 million for them having been announced only last month. The results of this funding will be a further crucial piece of information to help us understand further need. I agree with the noble Baroness, Lady Jones of Moulsecoomb, and others that funding for the commissioner also has to be in place.

The noble Baroness, Lady Finlay, asked about the position in Wales and Amendment 17 placing a duty on the domestic abuse commissioner to prepare and publish a report under Clause 8 on the provision of domestic abuse services in England. As with the provision made in Part 4, we have limited the duty to the provision of these community-based services in England in recognition that generally we are dealing here with devolved matters in Wales. However, the noble Baroness is absolutely right to ask the question. We recognise the concerns raised by noble Lords, which is why we have tabled amendments to demonstrate our commitments in this space.

The statutory duty on the domestic abuse commissioner to publish and lay before Parliament the Clause 8 report on the provision of and need for community-based support services, and the statutory duty on tier 1 local authorities to monitor and report on the safe accommodation duty on the provision of community-based support in their area, will together ensure that the Government have all the information they need to protect and support safe accommodation and services in the community. In addition, I have committed today to consulting this summer on a statutory duty around community-based services in the upcoming victims’ law consultation. This is a commitment to explore precisely the issues that noble Lords have highlighted in this debate. It will give us the time to do them justice. To rush legislation now would, as I have said, risk solidifying into statute the wrong framework and accountability mechanisms, as well as the wrong arrangements for ensuring that responsible public authorities collaborate to ensure that victims receive the services that they need.

We also cannot take a shortcut with a regulation-making power, as suggested by the noble Lord, Lord Hunt. As I said in my opening speech, your Lordships’ House does not like the kind of skeletal powers that would be provided for in Amendment 31. Any new duties in respect of community-based support should be set out in primary legislation, as we have done for accommodation-based support in Part 4. This issue must be given thorough and thoughtful consideration. We will use the consultation to interrogate fully the current landscape of community-based services and to develop effective proposals on how we might ensure that it remains robust and effective in order to give all victims access to these vital services.

My noble friend Lord Polak pointed to the fact that Amendment 85 also seeks to make provision for perpetrator programmes. I agree entirely that more is needed here. The noble Baronesses, Lady Primarolo and Lady Jones of Moulsecoomb, also talked about the issue. I will set out our plans in this area when we come to debate other amendments tabled by the noble Baroness, Lady Royall, and the noble Lord, Lord Strasburger. The needs of victims and perpetrators are clearly of a different order, but we recognise that both issues need to be addressed. However, we are not persuaded that they should be conflated in a single provision such as that provided for in Amendment 85.

I turn finally to Amendment 30. I say to the noble Lord, Lord Hunt, that for the reasons I have explained, we would not expect local authorities to give priority to accommodation-based support services over community- based services, so the circumstances addressed in the amendment should not arise. In response to his question, once the new duty under Part 4 becomes law the public sector equality duty will apply to local authorities in delivering their functions under it.

In assessing needs, local authorities will consider the differing requirements of all victims. This goes to the point made by the noble Baroness, Lady Fox, because that will include those with relevant protected characteristics under the Equality Act 2010, as well as victims who might come in from outside the specific local authority area. As set out in the draft statutory guidance, tier 1 local authorities should make it clear in their strategies how they plan to make support services available that will meet the needs of all victims. The strategy should set out the support needs that have been identified as part of the local needs assessment, along with a clear breakdown of the differing needs of victims’ groups such as, but not limited to, those from BAME backgrounds or who identify as LGBT, and how they will address the barriers faced by victims with relevant protected characteristics and/or multiple or complex needs. I hope that that will answer the point put by the noble and learned Baroness, Lady Butler-Sloss.

We want the same outcomes here. I think and hope that the road map that I have set out, underpinned by our amendments, has reassured noble Lords that the Government are committed to taking this issue forward at pace. I therefore ask the noble Lord, Lord Hunt, not to move his amendment. I thank all noble Lords for taking part in what has been an incredibly constructive debate and I hope that these government amendments will be universally supported.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

I have received a request to ask the Minister a short question from the noble Lord, Lord Hunt of Kings Heath.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I want to ask the Minister a couple of quick questions. The first relates to the additional money she mentioned today and in Committee that is going to local authorities to help to implement the legislation. Given what the NAO has said this morning, is she confident that local authorities will actually spend the money in the areas in which the Government wish them to? Secondly, on the question put by the noble Baroness, Lady Fox, about the jeopardy that women-only spaces in refuges are coming under because of local authority commissioning policies, will the Minister remind those authorities of the need to implement fully the Equality Act 2010 and not try to reinterpret it?

Amendment 17 agreed.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

We come now to the group consisting of Amendment 18. Anyone wishing to press this amendment to a Division must make that clear in debate.

Clause 37: Breach of order

Amendment 18

Moved by

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Given what I have said this afternoon and my clear commitment to follow up on this debate with the President of the Family Division and the chief executive of Cafcass, I hope that, despite the comments that she made in her speech introducing the amendment, the noble Baroness, Lady Finlay, will be content to withdraw it.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

I have a request to ask the Minister a short question from the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, may I address head on two points that the Minister has raised? First, the case has been made of how difficult it is to access the evidence and whether it is in the public interest to put this in the public domain. This is an extremely sensitive area and we have done our best to provide the evidence on the two occasions when my noble friend has requested it. Secondly, there is a legislative loophole. The Government undertook to come forward with regulations to establish the regulatory framework to set the standards in place and they have failed to do so. For what reason have the Government not brought forward these regulations and why are they not prepared to bring them forward at this time? I am at a loss to understand why that is the case.

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Amendment 22 agreed.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

We now come to the group consisting of Amendment 23. Anyone wishing to press this amendment to a Division should make this clear in debate.

Amendment 23

Moved by