Domestic Abuse Bill

Baroness Royall of Blaisdon Excerpts

Wednesday 21st April 2021 Lords Chamber

Moved by

[Baroness Royall of Blaisdon]

Leave out from “Amendment 42” to end and insert “, do disagree with the Commons in their Amendments 42A, 42B and 42C and do propose Amendments 42D, 42E and 42F in lieu—

42D: Before Clause 69, insert the following new Clause—
“Identification, monitoring and management of serial domestic abuse and stalking perpetrators
(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 325 (arrangements for assessing etc risk posed by certain offenders)—
(a) in subsection (1), after ““relevant sexual or violent offender” has the meaning given by section 327;” insert ““relevant domestic abuse or stalking perpetrator” has the meaning given in section 327ZA;”;
(b) in subsection (2), after paragraph (a) insert—
“(aa) relevant domestic abuse or stalking perpetrators,”.
(3) After section 327 (Section 325: interpretation) insert—
“327ZA Section 325: interpretation of relevant domestic abuse or stalking perpetrator
(1) For the purposes of section 325, a person (“P”) is a “relevant domestic abuse or stalking perpetrator” if P has been convicted of a specified offence and meets either the condition in subsection (2)(a) or subsection (2)(b).
(2) For the purposes of subsection (1), the conditions are—
(a) P is a relevant serial offender; or
(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.
(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.
(4) In this section—
“relevant serial offender” means a person convicted on more than one occasion for the same specified offence, or a person convicted of more than one specified offence;
“specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in section 1 of the Domestic Abuse Act 2021;
“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.”
(4) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed—
(a) commission a review into the operation of the provisions in this section;
(b) prepare and publish a document setting out a strategy for the prosecution and management of domestic abuse and stalking offenders.
(5) A strategy under subsection (4)(b) must include provisions for—
(a) detecting, investigating and prosecuting offences involving domestic abuse or stalking,
(b) assessing and managing the risks posed by individuals who commit offences involving domestic abuse or stalking, and
(c) reducing the risk that such individuals commit further offences involving domestic abuse or stalking.
(6) The Secretary of State—
(a) must keep the strategy under review;
(b) may revise it.
(7) If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.
(8) In preparing or revising a strategy under this section, the Secretary of State must consult—
(a) the Domestic Abuse Commissioner, and
(b) such other persons as the Secretary of State considers appropriate.
(9) Subsection (7) does not apply in relation to any revisions of the strategy if the Secretary of State considers the proposed revisions of the strategy are insubstantial.”

42F: In Clause 79, page 60, line 32, at end insert—
“( ) section (Identification, monitoring and management of serial domestic abuse and stalking perpetrators);””

[Baroness Royall of Blaisdon (Lab) [V]]

My Lords, it has rightly been said many times that this is an excellent Bill of which we can be proud. However, in this National Stalking Awareness Week, we have an opportunity to make a further change that would demonstrate that the Government really have listened to the outpouring of anger and grief following the murder of Sarah Everard.

Since 15 March, when your Lordships last considered the Bill, 16 more women have been murdered—most of them as a consequence of domestic abuse, with many of them undoubtedly having suffered coercive control and stalking. If the perpetrators had been proactively identified, assessed and managed by police, prison and probation services, using the Multi Agency Public Protection Arrangements and the violent and sex offender register—ViSOR—many of these women would still be alive. These victims are not just numbers or even names: they were mothers, sisters and daughters who were loved and whose murder will have torn families apart with pain.

For nearly 20 years, evidence has been provided by Laura Richards, charities, HMIC and others that the current system is not working, and that serious and serial stalkers and domestic abusers are treated with impunity. The Minister is right that more good practice is needed, but we have been told that for the last 10 or 12 years and little has changed. I know that there are many things in train, but women are dying. The answer from government has always been, “The current system is adequate. We acknowledge that there are problems, but it is the practice not the process that is the problem. We will issue more guidance and lessons will be learned”. The lesson that has been learned is that guidance is not enough. Real change will be effected only through statute.

After 15 March, there was a flurry of press coverage and we were told that domestic abusers, stalkers and sex offenders will be registered on a super-database under plans being drawn up by the Government. Some of that press coverage came from briefings. Survivors, the families of victims, charities and hundreds of thousands of people up and down the country were elated, relieved that women were no longer going to live in fear. Their hopes, however, were dashed when the Minister responded in the Commons last week and when the Government whipped against my amendment. Why is the Government so against this simple amendment that would make such a profound difference?

I beg to differ with the Minister. Minister Atkins reiterated that the current system was adequate. All that was needed was the

“strengthening of MAPPA statutory guidance to include sections on domestic abuse.”—[Official Report, Commons, 15/4/21; col. 522.]

Ministers say that the real issue was not the statutory framework but how it is applied in practice. The statutory framework must be amended, otherwise the relevant authorities will continue, as they have done for 20 years, to ignore patterns of behaviour that end in murder. The Minister said that a new category of MAPPA, as proposed by my amendment, is

“not needed … because these … people can be included in the existing category 3.” —[Official Report, Commons, 15/4/21; col. 534.]

However, this category has historically been interpreted very narrowly, which means that police, probation and other agencies are not treating repeat perpetrators as high-risk offenders. Yet they are high risk.

The Minister added:

“Creating a new MAPPA category for high-harm domestic abuse and stalking perpetrators would bring added complexity to the MAPPA framework without compensating benefits.”—[Official Report, Commons, 15/4/21; col. 522.]


This was an affront in the Commons. We are striving to save women’s lives and the excuse for inaction is “added complexity”. The compensatory benefit would be to include more people in the system who are high-risk and endanger women’s lives. We were informed in a meeting yesterday by an official that it would trigger bureaucratic processes; I take that to mean that it would lead to effective action which they do not wish to take or in which they do not wish invest. Yes, more resources would be required, but women’s lives would be saved and the cost would be far outweighed by the cost of murder inquiries, each of which costs £2 million.

It is no wonder that among the people who felt let down and wept with anger when they heard the Minister last week were 17-year-old Georgia Gabriel-Hooper, whose mum was killed by an ex-partner in front of her; Zoe Dronfield, who was almost murdered by a man who had stalked some 13 other women; John Clough, father of Jane Clough, who was stalked and murdered by a violent ex-partner even though he had a history of abusing other women; and Nick Gazzard, father of Hollie, who was murdered by her stalker, who was involved in 24 previous violent offences. None of the perpetrators were on a high-risk offenders’ register, and the police were not monitoring them. Zoe lives in constant fear, as do many other survivors, especially when those that attacked them leave prison and are not on a register. We know of many survivors and their families who are literally living in hiding—hiding from men who should be on a database so that they can be managed and police can be accountable for the management of their behaviour.

Why are the Government so against including serial domestic abusers and stalking perpetrators on a database? I heard what the Minister said, however, and I am pleased to learn that they recognise that ViSOR is not working and that a new system, the multiagency public protection system, will be introduced. The Minister said that this would include perpetrators of domestic abuse, but she did not mention stalking. Will the new system include perpetrators of stalking? If not, why not? I think we must insist that it does.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, rather than going over the arguments about why we do not agree with the amendment, perhaps I might stress that we all seek the same ends. Like the noble Lord, Lord Kennedy, I am at risk of repeating myself.

My noble friend asked, quite logically, why putting offenders on a register was problematic. It is not problematic. So many noble Lords made the point about improving things in practice. The noble Lord, Lord Russell of Liverpool, would ask, I am sure—although I do not want to think for him—what we will do now to make things any different from how they were before, and that is a totally reasonable question, particularly in National Stalking Awareness Week. The noble Lord, Lord Kennedy, is right to say that some of the stories we have heard have been absolutely horrific. Noble Lords may recall that I wrote to the noble Baroness, Lady Royall, pointing out that these stories were horrendous. Would they have fared any differently with this additional category? I contended that they would not, but said that I felt we could all agree that the current arrangements had to be improved.

I will address what I think the noble Lord, Lord Russell, would ask, which is, “What are we going to do that will make a difference?” The answer is: several things. We will revisit and refresh the statutory guidance to include sections on domestic abuse. It will ensure that all agencies involved take steps to identify domestic abuse perpetrators whose risk requires active multiagency management, and to put in place a plan of action which reflects the risk, no matter what the category. We are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information-sharing powers under MAPPA.

Noble Lords who know me know that I am very supportive of multiagency information sharing, and that Bill puts beyond doubt that the information-sharing powers of those agencies are subject to the duty to co-operate under MAPPA. That is absolutely crucial. It will also explicitly clarify these information-sharing powers for those agencies or individuals who can contribute to the assessment and management of risk: for example, GPs. It will give greater confidence to these agencies when sharing information and will support more effective risk management. So, to answer the noble Baroness, Lady Royall, in terms of the statutory duty to co-operate with the aims of the DA strategy, the Bill makes provision for statutory guidance that bodies exercising public functions must have regard to offenders convicted of a stalking offence who are managed under level 2 or level 3 of MAPPA having to be on ViSOR. The guidance is not voluntary. That is a very important practical step.

HM Prison and Probation Service will issue a policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service, including domestic abuse perpetrators. This will further help improve the quality of information sharing, the consistency and regularity of reviews and the identification of cases where additional risk-management activity is required.

We will decommission ViSOR, which is now almost 20 years old, and bring in the new MAPP system, which will be piloted from next year. As I have said, we will also bring forward a new statutory domestic abuse perpetrator strategy as part of a holistic domestic abuse strategy, to be published later this year. In terms of resources, I totally concur with the noble Baroness. We are investing in new resources, with an additional £25 million committed this year, but she is absolutely right that we need ongoing certainty in funding, and I give a personal guarantee to her that both Victoria Atkins and I will be lobbying the Chancellor as we head towards the next SR period—because she is right; we absolutely need sustainable funding.

We do want to be held to account on our commitment to do more. I started trying to deal with the perennial problem of getting huge improvements in our response to domestic abuse when I was at MHCLG, and I continue to do so through this Bill. We brought forward Amendments 42A to 42C, which the Commons have agreed, and I welcome the fact that the noble Baroness has incorporated Amendment 42D into her amendment. I hope that I have outlined the tangible action that we are taking and that the House will support our Motion and reject the noble Baroness’s. However, in rejecting it we are not, ultimately, on a different page in what we are seeking to achieve.

[Baroness Royall of Blaisdon (Lab) [V]]

My Lords, I am very grateful to all noble Lords who have spoken in support of my amendment. I am also extremely grateful to the Minister, who has outlined many tangible actions. We all agree that the current system is not working, and many of the actions which she outlined are indeed going to improve things. I am delighted by her announcement that ViSOR does not work and is therefore going to be replaced; that is great. As she mentioned earlier, the perpetrators of domestic abuse are going to be part of the new data system, but I do not think that she said that the perpetrators of stalking are going to be included on that register. I feel extremely passionate about that because stalking and domestic abuse are inextricably linked. There is a pattern of behaviour: one thing leads to another and, ultimately, women are murdered. I therefore think it extremely important that the perpetrators of domestic abuse and of stalking be dealt with in the same way.

The noble Baroness mentioned many things about the perpetrator strategy, and I will have to look carefully at what she said. As I understand it, there are going to be two distinct strategies, one for stalkers and the one covered by Amendment 42. There, again, I do not understand why there would be two strategies when the perpetrators of both offences need to be dealt with in the same way. If I am wrong, and there are not going to be two strategies, please tell me. But as it is, I find the solution to some of these problems quite confusing and frustrating.

I think—I know—we are all willing the same end. I do not yet agree with the means by which we are getting to that end, but I am confident we can agree in due course. There are more conversations to be had, and I would like more conversations following this evening and before we get to the next stage of this Bill, which I very much want to reach the statute book, and of course it will. Because I still have questions and there are things I wish to insist on, I am going to test the opinion of the House. But with that, I thank the Minister very much. I look forward to our conversations, and I am sure we will find a way through in the coming days.