Domestic Abuse Bill

Baroness Wilcox of Newport Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, like others who have spoken, I am absolutely delighted at this outcome and grateful to the noble Baroness, Lady Newlove, and the two Ministers for addressing this gap in the legislation by giving this cruel and dangerous offence its rightful place as a crime in its own right. I congratulate all outside and inside this place who have campaigned for years to bring non-fatal strangulation on to the statue book. This will make a huge difference, as others have said, to the police, who will be given the confidence to arrest perpetrators. Judges will be able to bring the full force of the law on these sadistic, controlling criminals, who threaten, hurt, maim and kill their terrified victims.

Nothing that I can say can add to the cogent, clear contribution of the noble Baroness, Lady Newlove. As my noble friend Lord Marks said, this is a victory not only for her, but for all those victims from the past and the future who will now get justice, as well as greater awareness that this is not okay, and, as the noble Lord, Lord Blunkett, says, is nothing about love.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, the important issue of non-fatal strangulation has been powerfully supported by the noble Baroness, Lady Newlove, throughout the passage of this Bill, and she deserves every plaudit available to her for taking this through. I add my thanks to the Ministers engaged in this matter and echo the comments of my noble friend Lord Blunkett, which emanate from his huge experience in the Commons. This is indeed the House of Lords at its best, and I am delighted that the Government have listened and introduced Amendment 49.

Having the separate offence of non-fatal strangulation on the statute book will help the police to stop domestic abuse and coercive control. One of the UK’s leading domestic abuse campaigners is Rachel Williams, whom I got to know very well during my time as leader of Newport City Council. She lobbied me at every opportunity on these matters. She currently has a petition running on change.org to ask the Prime Minister to amend the law on non-fatal strangulation. She says in her petition:

“Strangulation is a very symbolic act of control which leaves its victim in no doubt that there is a real and visceral threat to their life. If you put your hands on someone’s throat and squeeze the message and terror for the victim is clear.”


As a survivor of domestic violence, Rachel really knows what impact that has.

Strangulation is a very particular form of assault for three reasons: it is likely to cause serious injury or death, it is perceived by the victim as a direct threat to their life, and it is highly predictive of future homicide. A separate offence on the statue book will give the power to the police and the justice system to treat these offences with the seriousness that they deserve. I am delighted to tell Rachel, and the 108,609 people who had signed her petition when I last checked, that this amendment will ensure that the law is indeed changed, and that non-fatal strangulation will become a stand-alone offence on the face of this landmark Bill.

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[Baroness Wilcox of Newport (Lab) [V]]

My Lords, it is important to recognise that domestic abuse does not happen in a neat silo. It is inherently bound up with the wider issues of mental health and substance abuse.

We cannot ignore the impact of devastating cuts to our public services through a decade of austerity. The Royal College of Psychiatrists called for the Government to reverse the cuts and enable local authorities to invest at least £374 million in adult services to cope with the increased need. Indeed, report after report highlights the poor preparedness of our public realm to cope with this dreadful pandemic. It is as a consequence of the austerity decade that council funding has been cut to the bone.

Mental health services have been particularly impacted by austerity, leading to a lack of services and long waiting times. Victims and survivors with mental health problems also face barriers in accessing many other vital services due to strict eligibility criteria and not being able to engage in the way that the services require. Such barriers often lead to people being bounced between different services and having to constantly retell their story. There is awareness of the complex and interrelated needs of those with mental ill-health, but many services are unequipped to support them and few services exist that can care for people with both mental health and substance misuse issues.

The noble Baroness, Lady Finlay of Llandaff, spoke expertly and knowledgably about the close link between domestic abuse and alcohol, with a perpetrator drinking heavily. Of course, there are instances where the victim’s drinking leads to uninhibited behaviours that can trigger abuse. Similarly, the victim may use alcohol and drugs to self-medicate. We know that the level of alcohol consumption has increased during the pandemic, thus exacerbating an already known problem.

This should be part of the Government’s work on community services. They have made a commitment to consult on the provision of community services for victims and perpetrators. Will the Minister give a commitment that the consultation will explicitly include the provision of alcohol and substance misuse services? All this work will be effective only if we look at tackling domestic violence in the round.

In conclusion, the importance of multiagency and holistic working in this area cannot be overemphasised. It is important to recognise that mental health and addiction problems can create additional vulnerabilities which people perpetrating abuse may seek to exploit. If the noble Baroness, Lady Finlay, decides to test the opinion of the House, the Opposition Benches will strongly support her.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Baronesses, Lady Finlay and Lady Burt, and the noble Lord, Lord Brooke, for tabling this amendment. I am grateful to have had the opportunity to discuss the issue with them at length. As the noble Baroness, Lady Wilcox of Newport, observed, domestic abuse does not happen in a neat silo. That is a very good way of putting it in the context of this amendment.

In Committee we debated the complex relationship and obvious correlation between domestic abuse, mental health problems and the misuse of drugs and alcohol. Some of us have witnessed the way in which someone who abuses a substance such as alcohol seems to have a switch flicked within their brain and suddenly becomes potentially very aggressive. That is not an excuse for domestic abuse. It is important that both victims and perpetrators have the opportunity to address these issues, and that they get the support they need. To this end, the statutory guidance issued under Clause 73 will reflect the importance of joining up domestic abuse, mental health and substance misuse services.

As I informed the Committee, local authority spending through the public health grant will be maintained in the next financial year. This means that local authorities can continue to invest in prevention and essential front-line health services, including drug and alcohol treatment and recovery services. We want to ensure that people who need support for alcohol and substance misuse issues can access the right services commissioned by local authorities. The Government are working on increasing access, and we have appointed Professor Dame Carol Black to undertake an independent review of drugs to inform the Government’s work on what more can be done.

The overarching aim will be to ensure that vulnerable people with substance misuse problems get the support they need. The review will consider how treatment services can enable people with a drug dependency to achieve and sustain their recovery. These will span a wide range of services with which they might interact across mental health, housing, employment and the criminal justice system. The review is currently focusing on treatment, recovery and prevention. The Government look forward to receiving Dame Carol’s recommendations shortly.

I reassure noble Lords that we intend to reflect the importance of joining up domestic abuse, mental health and substance misuse services. The joint strategic needs assessment produced by local authorities, clinical commissioning groups and other partners should include consideration of the needs of victims and survivors. This assessment informs the commissioning process for the local area. In addition, joint working through local health and well-being boards helps support people who may have co-occurring substance misuse, mental health and domestic abuse issues with more effectively commissioned services in order to improve outcomes and the use of local resources. We want to ensure that, no matter where someone turns, there is no wrong door for individuals with co-occurring conditions, and that compassionate and non-judgmental care centred on the person’s needs is offered and accessible from every access point; for example, people can access via a referral from their GP, or by self-referral. I hope this reassures noble Lords that assessing and meeting the needs of the local population are already integral to the commissioning and provision of healthcare services.

In addition, the Government have announced a total of £25 million in funding for domestic abuse perpetrator programmes. This more than doubles the £10 million funding for such programmes last year. Through them, we funded a number of interventions that sought to address issues such as substance misuse and mental health problems as part of a wider programme of intervention.

I know that the noble Lord, Lord Brooke of Alverthorpe, is pleased that the Bill introduces domestic abuse prevention orders—DAPOs—which enable positive requirements such as attendance at a drug or alcohol programme or a behavioural change programme. The courts will also be able to require the subject of such an order to wear a sobriety tag.

The Government recognise the harm that alcohol can cause and have already committed to rolling out sobriety tags as part of a wider programme to tackle alcohol-fuelled crime. Following two pilots and a successful judicial engagement programme, the alcohol abstinence monitoring requirement was launched in Wales on 21 October last year. This has proved a popular option for sentencers in Wales and we will be rolling out the new requirement in England later in the spring.

We are also committed to our ambitions in the NHS long-term plan for expanding and transforming mental health services in England, and to investing an additional £2.3 billion a year in mental health services by 2023-24. This includes a comprehensive expansion of mental health services, ensuring that an additional 380,000 adults can access psychological therapies by 2023-24.

I would add that the domestic abuse commissioner’s role requires her to adopt a specific focus on the needs of victims from groups with particular needs. She also has the power to make recommendations where she sees gaps in provision. I believe her role will offer independent oversight and the assurance that all issues relating to domestic abuse will be monitored closely.

Finally, it is worth briefly touching on the drafting of the amendment. The noble Baroness, Lady Wilcox of Newport, referred to this. It seeks to add to the definition of domestic abuse support in Clause 55. This relates to a new duty on tier 1 local authorities to provide support to victims of domestic abuse and their children within safe accommodation. As such, the amendment does not touch on the issue of support for perpetrators to help them address problems with alcohol misuse; nor does it deal with the provision of alcohol and mental health community-based support. This is the point that the noble Baroness, Lady Wilcox, was making.

That said, I can assure the noble Baroness that, as part of the new duty in Part 4, tier 1 local authorities will be expected to assess the accommodation- based support needs of all domestic abuse victims and their children. Within the statutory guidance that will accompany Part 4, we describe the support within “relevant” safe accommodation as including support designed specifically for victims with unique and/or complex needs, such as mental health advice and support, and drug and alcohol advice and support.

Again, I thank the noble Baronesses, Lady Finlay and Lady Burt, the noble Lord, Lord Brooke, and other noble Lords for drawing attention to this important issue, and I thank all noble Lords who have raised it during this debate. I hope I have been able to persuade the noble Baroness in relation to the existing provisions and our ongoing ambitions to address the links between substance misuse, mental health and domestic abuse. On that basis, I ask the noble Baroness to withdraw her amendment.

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[Lord Paddick (LD) [V]]

My Lords, I start by addressing directly the comments of the noble Baroness, Lady Fox of Buckley. I have spoken before about the abusive relationship that I was in 20 years ago. What I have not talked about is the intimate video that my then partner recorded and subsequently kept in his father’s safe in France. People may question why anyone would allow such a video to be recorded, but in a coercive and controlling relationship, compliance is rewarded and defiance is punished. When what you most want is the love of your partner, and you know that not doing what he wants could result in alienation, abuse or physical violence, you acquiesce to things that you would not normally participate in.

I lost count of the number of times he threatened that, if he I left him, he would make the video public. It was not until I went on a residential training course beyond his immediate control and started talking to a female colleague that I realised how unhealthy the relationship was and how unacceptable his behaviour was. I resolved to end it. When I told him the relationship was over, after the initial fear from his threats to kill me, followed by the relief I felt when he finally removed his belongings from my home, the dread that he would deliver on his promise to release the intimate video became even more intense. That is why this amendment is needed.

As the noble Baroness, Lady Morgan of Cotes, and the noble and learned Lord, Lord Judge, have said, revenge may also be a motivation and further reform may be necessary. I am grateful to the noble Baroness, Lady Morgan, for raising the issue of threatening to disclose private sexual photographs and films with an intent to cause distress, and to the noble Lord, Lord Wolfson of Tredegar, for accepting her amendments. Threatening to disclose such material can be used as a means of coercive control both during a relationship and after it has ended, so we on these Benches support these important changes.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I must begin by applauding the frankness and honesty of the noble Lord, Lord Paddick, in his speech. It is truly humbling to hear him speak so bravely about his own former coercive partner.

In bringing this much-needed amendment to the House, the noble Baroness, Lady Morgan, has recognised the changes that have occurred in society since the widespread introduction of mobile phone technologies and social media coverage. It has changed irreversibly the way in which we communicate, and the inherent dangers of the misuse of that communication have become increasingly prevalent. I warmly support her tenacity in getting the amendment through the process. Clearly, her colleagues and former colleagues in Government have listened and acted on her arguments. It will make a difference.

As a former teacher of media studies, I had no idea, just five years ago, when I was last in the classroom, how exploitative or dangerous the medium would become. The threat to share intimate or sexual images and films is an increasingly common tool of coercive control, which can have enormous negative impacts on survivors of abuse. While the sharing of intimate and sexual images without consent is a crime, threats to share are not, leaving survivors of this form of abuse without the protection of the criminal law.

During my reading for this topic, I was powerfully moved by a key report, Shattering Lives and Myths, written by Professor Clare McGlynn and others at Durham Law School, which was launched in 2019 at the Supreme Court. It sets out the appalling consequences for victims of intimate images being posted on the internet without consent.

Threats to share these images play on fear and shame and can be particularly dangerous where there may be multiple perpetrators or where so-called honour-based abuse is a factor. The advent of new technologies enables perpetrators to make these threats even where such images do not exist. But there is no clear criminal sanction for this behaviour. Lack of support leaves victims and survivors isolated, often attempting to navigate alone an unfamiliar, complex and shifting terrain of legal provisions and online regulation. The Domestic Abuse Bill is the most appropriate vehicle to make this change. Victims and survivors would benefit almost immediately and it would help them prevent further abuse and get away from their perpetrator. This amendment will close that gap in the law.

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend Lady Morgan is to be congratulated on bringing forward these amendments. As she has explained, the amendments seek to extend the scope of the offence at Section 33 of the Criminal Justice and Courts Act 2015, commonly known as the revenge porn offence, additionally to criminalise threats to disclose such images. Importantly, in any prosecution there is no need to prove the images exist at the time of the threat.

I reiterate that the Government consider that the revenge porn offence has worked well to date. There have been over 900 convictions for the offence since its commencement in April 2015. I am pleased to see that the creation of this offence has offered victims protection under the criminal law from the deeply distressing behaviour of sharing private intimate images.

I am very grateful for the discussions that I have had with the sponsors of the amendment in addition to my friend Lady Morgan: my noble friend Lady Hodgson of Abinger and the noble and learned Lord, Lord Judge. I have been happy to add my name on behalf of the Government to the amendment.

However, we cannot rest on our laurels. We must be alert, as the noble Lord, Lord Russell of Liverpool, said, to changes in technology, including the misuse of social media and the opportunities to abuse and distress others that such developments can bring. While we have a range of criminal offences that in many instances can deal with those who threaten to share intimate material with others, it is vital that we ensure that the criminal law remains fully equipped to deal with any new problems in this constantly developing area.

It was with this in mind that the Government asked the Law Commission to review the law in this area. That review has considered the existing offences relating to the non-consensual taking and sharing of intimate images to identify whether there are any gaps in the scope of protection already offered to victims. Noble Lords will be pleased to note that on 27 February the Law Commission published the consultation paper on the review. The consultation ends on 27 May and I encourage noble Lords to consider contributing to that public engagement, as my noble friend Lady Morgan of Cotes said.

The consultation paper puts forward a number of proposals for public discussion, including the need to address those who threaten to disclose intimate images. I look forward to the Law Commission’s full proposals in this area once its final recommendations are published later this year. I agree with the noble Lord, Lord Russell of Liverpool, that the law must keep pace with technological developments. I would not say that we are behind the curve but I think that it is fair to say that the curve itself is constantly moving. While it would be wrong of me to pre-empt the consultation and the Law Commission’s eventual findings, I think the fact that the commission has acknowledged that threats to disclose intimate images should be further considered adds strength to the calls to extend the revenge porn offence, as provided for in Amendment 48.

We have listened to the passionate calls for change from victims. They have bravely shared their distressing, and sometimes life-changing, experiences of suffering at the hands of those who would manipulate and torment them with threats to share their most personal and intimate images. That point was made during this short debate by the noble Baronesses, Lady Crawley and Lady Uddin, and in particularly moving terms by the noble Lord, Lord Paddick. Since I have just mentioned the noble Baroness, Lady Uddin, I remind her that sex and relationship education is part of the national curriculum.

We have also taken note of the views of campaigners and fellow parliamentarians. I remember the strength of feeling in this House in Committee, when my noble friend and others proposed a similar amendment to the one now before us. We have reflected on those calls and that debate and we are happy to support these amendments, which will extend the parameters of the Section 33 offence to capture the threat of disclosure.

As was noted by the noble and learned Lord, Lord Judge, and the noble and learned Baroness, Lady Butler-Sloss, Amendment 48 stays as close as possible to the provisions and drafting of the existing Section 33 offence, rather than making any broader changes to the law in this area. I suggest that that is the right approach given the Law Commission’s ongoing work. I assure the noble and learned Lord and the noble and learned Baroness that the Law Commission is specifically considering the intent issue as part of its work. I am grateful that the amendment also has the support of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Wilcox of Newport.

I should say something in response to the speech made by the noble Baroness, Lady Fox of Buckley. This is nothing to do with criminalising speech and we are not dealing with just domestic abuse here. This is a broad offence that applies throughout criminal law; it does not apply just in the context of domestic abuse. While I agree that other criminal law offences, such as blackmail and harassment, can be applicable in this area—a point I made in Committee—the Government have been persuaded that it is right and appropriate to have this specific offence in this area of the law.

For those reasons, I believe that this reform will create a clear and consistent enforcement regime for both threats and actual disclosures, thereby providing greater protection to those who may have had to endure such intrusive and distressing behaviour. It has been a pleasure to be able to add my name to these amendments, and I join my noble friend in commending them to the House.