Prisons: Education

Baroness Wilcox of Newport Excerpts

Thursday 23rd March 2023 Lords Chamber

[Lord Bellamy (Con)]

I agree with the noble Lord that the Prison Service needs to be equipped, and I respectfully suggest that it is. There are a whole range of things here. There is the core curriculum, which is made up of English, maths and digital skills; vocational courses, such as construction; personal development courses; and digital personal learning plans. I assure the House that the Government are on the case and working hard to improve matters.

[Baroness Wilcox of Newport (Lab)]

My Lords, the Open University offers a range of introductory access modules funded by the Prisoners’ Education Trust, under the banner of “Steps to Success”. They have been specifically designed to help students find out what it is like to study with the OU, get a taste of a subject area, develop study skills and build confidence. As a former teacher, I can tell your Lordships that those things are vital. Does the prison estate have the facilities to offer such excellent distance learning, and who would meet the cost of these courses that are on offer?

[Lord Bellamy (Con)]

My Lords, there is a problem within the prison estate in relation to distance learning from external providers, because most prisons do not have external access to the internet. There is an intranet, and it may well be that in due course organisations like the Open University are encouraged to access that facility. But I take the noble Baroness’s question and will investigate further.

Her Late Majesty Queen Elizabeth II

Baroness Wilcox of Newport Excerpts

Saturday 10th September 2022 Lords Chamber

[Lord Addington (LD)]

Thinking about the reign of Her Majesty Queen Elizabeth II, I have been struck by several factors. First, like most people alive today, I have only ever known a Queen. When you say, “God save the King”, it seems like something from a historical play, and we will have a great deal of getting used to it. This has become apparent, listening to these tributes, by the number of noble Lords who have made the mistake—I will probably make it myself—of referring to the Queen in the present tense rather than the past. There is a very strong feeling of a permanency that has been removed.

Secondly, the greatest achievement of Her Majesty Queen Elizabeth’s reign is probably soft power. My noble friend Lord Alderdice has already mentioned her tremendous achievement in Ireland by making the settlement work there. I hope it is also worthwhile for me to join those who have commented on the Commonwealth. When an empire becomes a commonwealth, it is a considerable achievement. Empires do not usually come about because a nation has been invited to rule people; there are usually marching feet and weapons involved. The fact that we have transformed the Empire into the Commonwealth, and that it has grown and prospered, is a magnificent achievement. The fact that it was achieved by people who were not involved in that Empire is remarkable. This was all done under the leadership of Her late Majesty Queen Elizabeth II. It will probably be regarded as her greatest achievement: the United Kingdom’s soft power, its projection and its cultural values have become things that we will all remember.

There is also the personal touch. As has already been mentioned, the Queen was “the Queen”; there was no other worldwide. The best example of that that I can find is from many years ago. I went through a friend’s record collection and found a BB King album on which he talks about meeting the Queen and giving her advice about what you do when you have too many parties to go to. I feel that the advice could probably have been going the other way. Nevertheless, everybody knew who the Queen was, and His Majesty King Charles III has a great opportunity and burden to carry on that work. I wish him every success.

[Baroness Wilcox of Newport (Lab)]

During her long reign, Her late Majesty demonstrated hard work, tireless commitment, loyalty, dignity and respect for duty and became the longest-serving monarch in British history. The changes that she saw over that time are quite astounding. In my part of the United Kingdom—Wales—the heavy industry that I grew up with in the mining areas has given way to financial and other services. Indeed, the United Kingdom itself is very different. Power is dispersed to other Parliaments in the four nations of the UK. Movement to and from the Commonwealth, the European Union and beyond has fashioned a more diverse and multicultural people in our society. Throughout her long life, the late Queen was an example of the importance of public duty. She clearly valued community, public service and loyalty to others.

I echo the comments of the First Minister of Wales, who said yesterday:

“It is with great sadness that”


people in Wales mourn

“the death of Her Majesty Queen Elizabeth II”

and

“her long and exceptional life, as our longest reigning monarch”.

Perhaps the most significant and long-lasting connection between Wales and the late Queen grew out of her empathy following the Aberfan disaster, as noted by my noble friends. That Friday in October 1966, as a young schoolgirl in Pontygwaith Primary School in the Rhondda, I stood in the playground after lunchtime and, along with my friends and under the instruction of our headmaster Mr Lewis, I closed my eyes, put my hands together and prayed for the children of Aberfan. I had never heard of the place before that day, as it was several valleys to the west, but I have never forgotten it since. The late Queen continued to make visits to the village over the decades and, indeed, visited it more than any other member of the Royal Family.

The first time I saw her in person was at Buckingham Palace in the summer of 2009. I was struck by her luminescence; she simply shone. The next time I saw her in person was in your Lordships’ House in December 2019 when attending my first State Opening, and the moment of seeing her again in person was extraordinary, especially as I was now one of her trusty and beloved servants, a phrase and understanding that will live with me for the rest of my life.

Yesterday was the day His Majesty conferred the title of Prince of Wales—Tywysog Cymru—on his eldest son. God bless the Prince of Wales. Yesterday evening, I joined the Bishop of Monmouth and the leader of Newport City Council at the city’s St Woolos’ Cathedral to take part in a service of thanksgiving for the life of our late Queen. It was a moment of extreme poignancy to sing for the first time in public—and we are good singers in Wales—“God save the King”, and I am glad that it took place in my home city and the place from where I proudly take my title. Tomorrow, I shall join the leader of the council and others to take part in the official proclamation ceremony at Newport Civic Centre and will then return to London on Monday to hear the King’s Address to both Houses of Parliament.

On the death of his father, Wales’s finest poet, Dylan Thomas, wrote:

“Grave men, near death, who see with blinding sight

Blind eyes could blaze like meteors and be gay,

Rage, rage against the dying of the light.”

God bless you, ma’am, and may you rest in peace. Er côf annwyl. God save the King.

[Baroness Williams of Trafford (Con)]

My Lords, I have just had a word with the Opposition Chief Whip. There is a combination of feeling in this House, I think, that people want to have their say but also want others to keep their remarks succinct. There are people who have to get trains home this evening and, as I said earlier, preparations must get under way for the events and funeral upcoming. We have not put time limits on tributes, but in order for us not to have to do that I respectfully request that noble Lords keep their comments succinct.

Non-fatal Strangulation and Suffocation

Baroness Wilcox of Newport Excerpts

Thursday 8th July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, we have to be a bit careful here. There will be a new offence of non-fatal strangulation, but non-fatal strangulation can also be an element in many other offences such as grievous bodily harm with intent. It can form part of a course of action that amounts to the offence of controlling and coercive behaviour. It can form part of just drunken thuggery outside a pub or a night club. We therefore have to be very careful. We collect statistics on offences; we do not really collect statistics on behaviour, and that lies at the heart of a number of the answers that I have given today.

[Baroness Wilcox of Newport (Lab)]

My Lords, this amendment to the Domestic Abuse Bill was hard fought for by victims and by Members across all parties in both Houses. What steps are the Government taking to ensure that the relevant organisations are properly ready to implement the new offence of strangulation and suffocation? Have processes been put in place to ensure that training and guidance will be available before the offence comes into force, so that the police, the CPS, the courts, the health service and local authority domestic abuse partnerships are prepared and sufficiently resourced to tackle this crime effectively from its implementation?

[Lord Wolfson of Tredegar (Con)]

My Lords, of course we need all agencies to be aware of their responsibilities. I have already spoken about the police. To pick another example, judicial training in domestic abuse is included in family law and criminal courses run by the Judicial College; it is prioritised for induction and continuation training. All judges get that training before they hear family cases and are therefore on top of domestic abuse issues.

Domestic Abuse Bill

Baroness Wilcox of Newport Excerpts

Wednesday 21st April 2021 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I am very disappointed at the outcome of this amendment. I pay tribute to the hard work of the noble Baroness, Lady Campbell, and many others in bringing it forward.

In the Commons, the Minister, Victoria Atkins, said:

“We should steer away from diluting the purpose of the Bill.”—[Official Report, Commons, 15/4/21; col 519.]


She has promised a government review, pledging to engage with the noble Baroness, Lady Campbell of Surbiton, and the disabled sector to examine the protections offered and support available for this kind of domestic abuse.

Abuse by a paid or unpaid carer in the home constitutes domestic abuse. If it is not domestic abuse, then what is it? In responding to Victoria Atkins, Jess Phillips said that

“abuse of trust and power is experienced in exactly the same way as that perpetrated by a mother, a father or a partner”.—[Official Report, Commons, 15/4/21; col. 526.]

If it looks like domestic abuse and it takes place in the home by an individual—paid or unpaid—who is intimately involved with the victim, what else is it if not domestic abuse?

I sincerely hope that the promised review is not a sop to enable the Government to kick this really important issue into the long grass. I appreciate all the Minister’s efforts—even this morning. I welcome any assurances that she can give as to how and when this review will take place. Some of the most vulnerable people in this country are depending on it.

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

My Lords, I am disappointed that these amendments will not remain in the Bill, despite the tremendous work initiated by the noble Baroness, Lady Campbell. She has worked tirelessly to bring these issues to the forefront during the debate on this landmark Bill. In mitigation, however, I welcome the Government’s commitment to conduct a review.

Trusting someone enough to let them provide either personal care, or support with day-to-day tasks or communication, is in itself an emotionally intimate act which creates a close bond but also the risk of abuse. It is not infrequent for abusers to target the disabled person and befriend them. They persuade the disabled person that this is done for altruistic motives while, at the same time, they exploit and abuse them. The victim will experience the same ambiguity about power and control versus emotional attachment as any other victim of domestic abuse.

I should stress that we will expect everything that is usually asked for in such a review. The Government must get on with it. They must ensure they are led by experts in the field—including engaging with services such as Stay Safe East which work with victims on the front line. The authentic voices of disabled victims must be heard. It is vital that carer abuse is recognised and tackled, and that no victim of abuse is left without support. We therefore support the Motion and the review.

[Baroness Williams of Trafford (Con)]

My Lords, first I thank the noble Baroness, Lady Campbell, for her words. This morning, I stressed that I was concerned about all the abuse taking place behind closed doors throughout the pandemic. Carer abuse is not exempt from that. The noble Baroness, Lady Burt, asked, “what else is it, if not domestic abuse”? It is abuse which happens and about which we have been very concerned during the last 12 months. With the lifting of restrictions, this is a timely opportunity to look into carer abuse.

Noble Lords have asked about timings. These will be announced shortly. As we undertake the review, we intend to engage with the disability sector about its scope. If it is to be meaningful, we must listen to those who have lived experiences. The noble Baroness, Lady Wilcox, asked if we shall talk to experts such as Stay Safe East. Yes, we will. The review will be open, with no preconceived outcomes. The Government will await its findings before deciding next steps. I assure the noble Baroness, Lady Campbell, and other noble Lords that we will keep all options under review.

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[Lord Paddick (LD)]

My Lords, the Commons reason for disagreeing with Lords Amendment 40 relies on a government review of a report by Her Majesty’s Inspectorate of Constabulary. In light of the two recent reports by Her Majesty’s Inspectorate of Constabulary on the policing of protests, I now have serious concerns about HMIC’s political independence. As a result, any Commons disagreement based on a government review of immigration control, let alone one based on an HMIC report, provides me with no reassurance whatever.

Motion E1 would ensure that the personal details of victims and witnesses of domestic abuse were not used for immigration control purposes. Victims of rape or sexual assault, as well as victims of domestic abuse, who have gone to the police have been deported as a result of coming forward as vulnerable victims of serious crime. Perpetrators of rape, sexual assault and domestic violence threaten victims that, if they go to the police, they will be deported.

Can the Government help with what I understand to be their position on how the sharing of information between police and immigration enforcement can benefit victims of domestic abuse? Is it their position that were a victim to be subject to coercive control on the basis of their immigration status, sharing information with immigration enforcement could establish that the victim’s immigration status was in fact compliant, removing the mechanism of coercive control? If that is the Government’s argument, how is that sharing of personal information without consent compliant with GDPR? It is outside the exemption provided by paragraph 4 of Schedule 2 to the Data Protection Act 2018, which provides an exemption only for the maintenance of effective immigration control, or the investigation or detection of activities that would undermine the maintenance of effective immigration control.

As the noble and learned Baroness, Lady Butler-Sloss, has just said, it matters not what a victim’s immigration status is, if the victim fears that the consequences of reporting a crime of which they are the victim or witness might be their deportation. As the right reverend Prelate the Bishop of London has said, there is one other question for the Government: what is more important, ending violence against women, girls and other vulnerable victims of serious crime, or immigration control? If the Government oppose Motion E1, they are sending a very clear message that they care more about immigration control than protecting vulnerable victims of crime. We on these Benches will always put ending violence against women, girls and other vulnerable victims first, by voting with the noble Baroness, Lady Meacher, if she divides the House. The noble Baroness has taken full account of the concerns of the other place and there appears to us to be no reason not to support her alternative amendments.

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

My Lords, I make it clear at the outset that if the noble Baroness, Lady Meacher, divides the House then the Opposition Benches will strongly support her. This amendment would provide for the circumstances where victims’ data cannot be shared for immigration purposes if they come forward to report abuse. However, and importantly, it provides that, for this section to come into force, there must be a vote in both Houses to approve it, after either the Government have published their review and Parliament has debated it, or after 1 July if the Government have regrettably not lived up to their word and published their review by then. This amendment rightly and democratically gives Parliament the ability to hold the Government to account on taking action after they publish their review. It is needed to allow victims to feel able to report abuse without fear, so that dangerous perpetrators are reported and stopped.

One of the consequences of putting immigration control above the safety of victims is that perpetrators can commit these crimes with impunity—a risk not only for survivors but for wider communities. Better trust in the police to protect victims of abuse and investigate crime for migrant women will improve responses for all survivors, and indeed the public.

This revised amendment is a thoroughly reasonable backstop. It gives the Government the time they have asked for to publish their review, but it gives Parliament the power, and indeed the responsibility, to hold the Government to account and to demand action on this issue if there is no subsequent implementation. I wholly recommend the amendment to the Minister and to the Government.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to the noble Baroness, Lady Meacher, for setting out the case for her revised amendments and to all noble Lords who have spoken in this debate. Amendments 40B and 40C seek, in essence, to make the same provision as her original Amendment 40 but add a mechanism for deferred commencement. I certainly appreciate the fact that the noble Baroness has tried to seek a helpful middle course by adding this deferred commencement and engaging with the reasons given in another place for rejecting Amendment 40. However, I am afraid that we still do not think that her amendments quite solve the problem.

Until we have completed the review which I spoke about, we do not want to prejudge the outcome by writing into law the provisions of Amendment 40. The noble Baroness’s amendment provides for one outcome only, namely a blanket prohibition on the sharing of the personal data of victims of domestic abuse for immigration control purposes. To write this on to the face of the Bill, even with her suggested deferred commencement procedure, would still be prejudicial to what needs to be an open review, without any predetermined outcome. The right reverend Prelate the Bishop of London spoke of her anxiety about missing the opportunity of doing something in this Bill, but we could be left with a provision which is simply not the right way of addressing the issue noble Lords are concerned about. As I set out earlier, the outcome of the review can, in all likelihood, be given effect through non-statutory means, such as revised NPCC guidance, but we want to complete that review and make a decision once that has been done properly.

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.

Domestic Abuse Bill

Baroness Wilcox of Newport Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

The noble Baroness, Lady Burt of Solihull, has withdrawn, so I call the noble Baroness, Lady Wilcox of Newport.

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

I thank the noble Baroness, Lady Morgan, for bringing this much-needed amendment to the House and recognising that the changes that have occurred in the past few decades, since the widespread introduction of mobile phone technologies and social media coverage, have irreversibly changed the way in which we communicate. The inherent dangers of the misuse of that communication have become increasingly prevalent. As the noble Baroness said, we are living our lives online, and today’s debate is into its ninth hour.

As a former teacher of media studies, I taught my students that the medium is the message—but, like many of my colleagues, I had no idea at that time how exploitative the medium would become. The key element to this amendment is that the Bill as it stands does not do enough to ensure that survivors of technology-facilitated abuse have sufficient protection in the criminal law. Threats to share intimate or sexual images and films are an increasingly common tool of coercive control that can have enormous negative impacts on survivors of abuse. While the sharing of intimate and sexual images without consent is a crime, threatening to share is 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, by Professor Clare McGlynn and others at Durham Law School. This was launched at the Supreme Court last year, and it sets out the appalling consequences to victims of intimate images being posted without consent on the internet. Nearly half of the victim-survivors the researchers spoke to had experienced threats to share nude or sexual images and videos without consent. While many of these threats were followed by non-consensual sharing, there must be a recognition that threats to share such images can in and of themselves have significant life-threatening impacts.

The domestic abuse commissioner designate has also supported this addition to the law, saying:

“The threat to share an intimate image … is an insidious and powerful way that perpetrators of domestic abuse seek to control their victims, and yet the law does not provide the protection that is needed. Threats to share these images play on fear and shame, and can be particularly dangerous where there might be multiple perpetrators or so-called ‘honour-based’ abuse is a factor. What’s more, 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 victim-survivors isolated, often attempting to navigate alone an unfamiliar, complex and shifting terrain of legal provisions and online regulation. There needs to be a recognition in the Bill that image-based sexual abuse is a sexual offence, and an adoption of a comprehensive criminal law to cover all forms of image-based sexual abuse, including threats.

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 in preventing further abuse and getting away from their perpetrator. This amendment can close that gap in the law, and I urge its support in this Committee.

[Lord Wolfson of Tredegar (Con)]

My Lords, I will start with the point made by my noble friend Lady Bertin. It is of course late; I am conscious of that. But I have to say that it is worth staying up late to hear the debate we have just had, with the quality of the contributions to which we have all just listened. Therefore, I will take a little time—I hope not too long—to respond to the debate, because this is obviously a very important issue.

I listened with great care to the way in which the amendment was presented and explained by the four noble Baronesses who proposed it. My noble friend Lady Morgan of Cotes explained in detail how the threat to disclose such images can lead women to give way on matters that are of the utmost importance, whether that be contact with children or telling the perpetrator where they are now living. The story of Natasha that she shared was powerful and was added to by the stories of Rachel and Alison, which we heard from the noble Baroness, Lady Crawley. It is right to say, as my noble friend Lady Morgan put it, that this is an issue essentially of timing and not necessarily of principle. I will come back to that point a little later.

Domestic Abuse Bill

Baroness Wilcox of Newport Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021 Lords Chamber

Clearly not all deaths can be prevented, but some can. Improving protection is so urgent. We must not delay. This is a real opportunity to save those victims’ lives. I look forward to working with Ministers on this issue, and I hope that the Minister can assure the House that the Government will introduce this offence, without delay, as part of this Bill. I urge all noble Lords to support this amendment and beg to move.

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

My Lords, the important issue of non-fatal strangulation has been introduced comprehensively and powerfully by the noble Baroness, Lady Newlove. I commend her on her tremendous work in campaigning and lobbying to bring this issue to public attention. We support these vital amendments and our stated preference is Amendment 137 as opposed to the wider Amendment 138. However, both of the amendments would make non-fatal strangulation or suffocation a standalone offence on the statute book and should be located within this Bill.

A separate offence of non-fatal strangulation would help the police to spot domestic abuse and coercive control. This is our opportunity to help those women who have suffered this dreadful form of abuse and forced control at the hands of their perpetrator. At its heart, the Bill must be about providing services for people who have become the victims of abuse, and indeed torture, in their own home. The importance of the Bill and these measures has only grown during the coronavirus crisis as perpetrators have exploited lockdown to intensify their control and abuse. Calls to helplines and concerns have increased greatly across all the four nations of the United Kingdom.

My good friend Rachel Williams, who is from Newport, is a leading campaigner. She has set up her own charity, Stand up to Domestic Abuse. I am proud to wear the organisation’s badge through every day of these proceedings. Rachel’s abuse story is well chronicled and her support charity for survivors is simply outstanding. On the issue of non-fatal strangulation, Rachel has set up a petition to ask the Prime Minister to support its inclusion as a stand-alone offence. When I looked at it about an hour ago, the petition had secured 202,288 signatures. These are Rachel’s words:

“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, I know the impact it has.”


When Rachel knocked at my door at the civic centre asking for help and support for victims, I said that we would do our very best within the limited financial framework of a local authority in such austere times. But what I could never have foreseen a couple of years ago is that I would be in a position in your Lordships’ House where I have the privilege of speaking to improve and amend the laws of our lands so that survivors such as Rachel and support organisations will have the very best protection that can be afforded by the most appropriate legal framework.

We have such an opportunity before us today. Non-fatal strangulation or suffocation must finally become a stand-alone offence for the perpetrators of this most repugnant of crimes. I support the amendments.

[Baroness Meacher (CB) [V]]

My Lords, I give my strong support to Amendment 137 in the name of the noble Baroness, Lady Newlove, and I want to congratulate her on her comprehensive and extremely powerful presentation of the arguments in favour of these amendments. Of course, I wholeheartedly agree with every word that she spoke. I also want to thank our Ministers for their support for this amendment, and indeed thank the Home Secretary and Justice Secretary, both of whom, I understand, support the amendment. I thank too all those who have provided briefings for us, in particular Julia Drown, who has been absolute stalwart in support of our work on this issue.

I understand that the Government have accepted the principle of the amendment and agree that it should have general application rather than be limited to cases of domestic abuse; that is, between couples who are personally connected, albeit that the amendment should stand within the Domestic Abuse Bill. That is what I understand, and no doubt the Minister will update us on developments in the work of the Government’s lawyers, who I believe are drafting an amendment that would work in practice. It would be helpful if he could confirm that the Government support the broader amendment but also that it must be included in this Bill for the reasons already given. I do not want to repeat them.

In the circumstances, I want to keep my remarks extremely brief and will just spell out the key reasons why I feel so strongly that the amendment should be agreed. First, women who are victims of non-fatal strangulation are seven times more likely to be killed subsequently. If there is anything that we should do, surely it is to prevent murder.

Secondly, the fact is that these very serious crimes are not being dealt with effectively by our criminal justice system simply because of the peculiarity that there might not be much to observe in the way of immediate symptoms, while the medium or long-term consequences, both mental and physical, of this heinous and horrendous crime are extremely serious. Again, all that has been outlined by other speakers, so I will not repeat it.

I have a lot of sympathy for the police, who do not—of course, they cannot—handle this very well. There needs to be a very specific, stand-alone offence that they can grapple with and understand. The police are overloaded—they are very busy, as I know well from my work with the Police Complaints Authority some years ago—so all my sympathies go to them. For the police, as well as for the victims, we need to get this amendment on the statute book.

Thirdly, this is a particularly horrible way to be assaulted. The idea that it is not dealt with effectively and that people are not punished for doing it is completely unacceptable, so I say again that I very strongly support the noble Baroness, Lady Newlove, and her amendments.