Serious Crime Bill [HL]

Baroness Stedman-Scott Excerpts

Tuesday 28th October 2014 Lords Chamber

[Baroness Hamwee]

Indeed, and no doubt that is why the Government have consulted on it. I, too, am looking forward to hearing the results of the consultation, and I hope that if the responses indicate the need for legislation, there will be legislation. I am not saying that there should not be legislation to fill in any gaps, but that I am not convinced that a completely new approach is what is needed here.

Finally, because I am conscious of the time, I am aware that there is opposition in some quarters to relying on sentencing; in other words, regarding an offence as being domestic as an aggravating factor. If what is being considered in this debate is more serious sentences, we have to look at what sentences are available for the offences as they stand, so I would like to see a general debate about whether there is a sentencing element in this or whether it is about the offences in themselves.

[Baroness Stedman-Scott (Con)]

My Lords, I, like my noble friend Lord Dobbs, have not been involved in the conversations during this Bill, but I speak because of the importance of the issue and our debating it in full. I am very glad to be discussing whether domestic abuse, including psychological abuse, coercive control and a pattern of abuse should be seen in the eyes of the law as a serious crime. The impact of domestic violence on women and their children can be devastating and long lasting, yet its essence of power and control is not criminalised.

My noble friend will be aware of surveys which show the strength of support for change. The Victims’ Voice survey found that 98% of victims feel that reform of the law is needed. A survey of front-line domestic violence professionals found that 97% agree that coercive control should be recognised in law, with 96% agreeing that patterns of behaviour and psychological abuse should be recognised in law.

I welcome the Government’s consultation and appreciate that it will take time for my noble friend and colleagues to consider the 700 or so responses before deciding whether legislation would provide better protection to victims, but, like other noble Lords, I look forward to hearing the outcome of the consultation. Changing the definition of domestic abuse in March last year was obviously a very important step, but there is a clear need to create a culture where victims report much earlier, are believed when they do and the dynamics and patterns of abuse are recognised and understood. Will my noble friend also look at other countries which have successfully criminalised psychological abuse, coercive control and clear patterns of behaviour, because this could be the catalyst which will not just save money but save lives?

[Lord Bates]

My Lords, first, I will make a brief response to my noble friend Lady Stedman-Scott. One of the things which struck me very much when I was preparing for this debate was the final page of the HMIC report into domestic abuse, which contains some of the statistics. It lists that in the 12-month period to 31 August 2013, the period which was reviewed, 1.01 million calls for assistance were as a result of domestic abuse. There were 269,700 crimes of domestic abuse. This figure goes to the heart of what my noble friend was saying: there were 57,900 individuals at high risk of serious harm or murder. On average, every 30 seconds, someone contacts the police for assistance with domestic abuse.

I think that those statistics show the importance of the issue which the noble Lord, Lord Wigley, has brought before the House this evening. I am sure that we are all very grateful to him for doing so, and also to the noble Lord, Lord Rosser, and the noble Baroness, Lady Smith. I am glad to have this opportunity. I entirely agree with the sentiment behind Amendment 49. Domestic violence and abuse are unquestionably serious crimes and must be treated as such. It is an appalling violation of the trust that those in intimate relationships place in each other. Last year, an estimated 1.9 million people were abused at the hands of those with whom they were closest.

The Government recognise that domestic abuse has not always been treated as the serious crime that it undoubtedly is. That is why, in September last year, the Home Secretary commissioned Her Majesty’s Inspectorate of Constabulary to conduct an all-force review of domestic abuse. HMIC published its findings in March and highlighted serious failings in the police response to these issues, which my noble friend Lady Hamwee touched on under the heading of “It’s a domestic” in terms of giving the seriousness to calls for help in this way that they would in any other circumstance in any other public place when somebody is under threat.

Moreover, the Home Secretary has initiated a number of other measures to improve the police responses to domestic abuse. This includes the establishment of a new National Oversight Group, which she chairs. While further legislation may have its place, new laws cannot be a substitute for the vital work of driving improvements in the response from the criminal justice agencies themselves.

In addition to the important operational improvements, the Government want to ensure that front-line agencies have the tools they need to provide the best possible protection for victims. In March, we announced a national rollout of the domestic violence protection orders, to which, again, a number of noble Lords have referred, that can prevent the perpetrator from having contact with the victim for up to 28 days, and the domestic violence disclosure scheme, which enables the police to disclose to the public information about previous violent offending by a new or existing partner. This, I felt, went to the heart of the issue raised by the noble Baroness, Lady Howe, when she raised that harrowing case study of Laura and the inability to take action. Clearly, this was something where the domestic violence protection orders may not be the solution but they are certainly an indication of a recognition of the problem.