Domestic Abuse Bill

Earl of Lytton Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

Stalking is a serious crime that is currently underreported and under-prosecuted. Figures for 2019-20 from the Office for National Statistics reveal that there were only 3,067 charges for stalking offences, let alone convictions. I hope that my noble friend will take very seriously the two amendments before us and that she will consider the reservations I have expressed to ensure that we have the best legislation that is fit for purpose, either through this Bill or in subsequent Bills. I believe that this would be best addressed either through the amendments before us or in a government amendment, if my noble friend was minded to bring one forward in due course.

[The Earl of Lytton (CB) [V]]

My Lords, I am pleased to support these two amendments. Many of the points that I would have made have been covered much more eloquently by others, so I shall try to be brief.

My first point is that we are not even accurately recording stalking and other domestic abuse cases. There have been consistent failures in this respect: apparently no common form of data recording is being applied, so flitting from one police area to another seems to be the workaround of choice for the serial perpetrator. That really has to stop.

Secondly, even when incidents have been reported, and one assumes recorded, they are not being followed up. The problems around information sharing have been voiced widely by other noble Lords, and I agree with them.

Thirdly, it is therefore not surprising that multiagency attempts to deal with this issue have not been sufficiently effective. I will pause to applaud the many instances of good and effective work being done in this field, but it is not universal and domestic homicide reviews have pointed out consistently how earlier and/or effective intervention could and should have been made, but was not. There may be multiple reasons for this: differences in available skills, divergences in policies and priorities, sectoral protocols, funding streams, management or policy direction, and gaps between policy and operational decisions. There may also be a deficit in accountability on the latter point, not only in the police but in other public institutions. Perhaps no one is in overall charge, a point that has been made by the noble Baroness, Lady McIntosh of Pickering, and others. Even if there was, as matters stand, funding and co-ordination would remain questionable.

Further than that, as noted by others, the provision for perpetrators is utterly inadequate—although I appreciate that the Government now appear to be minded to start addressing this.

At Second Reading I pointed out the work described by the Sussex police and crime commissioner about the cost-benefit of dealing with perpetrators. This is the critical point of this group of amendments: the proper identification, assessment, monitoring, management and application of therapy to perpetrators is cost-effective and of lasting general societal benefit. My information is that, while some perpetrators may be psychopathic and incurable—with apologies if I have used the wrong term—many are themselves suffering from deep-seated inadequacies that can and should be addressed.

Amendment 73, which has been put forward so ably by the noble Baroness, Lady Royall, addresses the need for a coherent approach. If I have any reservations at all, it is that it may not go far enough, which might have been the point behind the speech of the noble Baroness, Lady McIntosh.

Amendment 81, which is specifically about perpetrator strategies, has been spoken to eloquently by the noble Lord, Lord Strasburger. I agree with him for all the reasons he has given. He covered everything that I would have addressed, and more besides. This needs to be the stuff of a national network to which any court in the land can effectively refer the convicted and in which those who want to change their ways voluntarily may also participate. The programme would have to be coherent and delivered to consistent standards. We should aim to rehabilitate offenders and those who may not yet be in the criminal system. I noted with satisfaction that the noble Baroness, Lady Royall, did not advocate locking up and throwing away the key, which has been the subject of some of the comments that I have received from outside the House.

The noble Lord, Lord Strasburger, noted the many indicators that can and should be picked up to facilitate early intervention. So, despite all the shortcomings that I recognise, I would simply remind noble Lords of the research done by the University of Manchester and others: it is not that we cannot afford to deal with this resolutely but that we cannot afford not to. The amendments get my wholehearted support and, if it comes to a Division, will get my vote.