Public Order Bill

Earl of Lytton Excerpts

2nd reading
Tuesday 1st November 2022 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, I believe that it is the duty of the person finishing off the speeches by the many Back-Benchers who have spoken to somehow entertain. I fear that I am going to disappoint. However, I will admit to the fact that Lady Constance Lytton was the younger sister of one of my ancestors—my grandfather—and that, in another part of the family, my great-grandfather Wilfrid Scawen Blunt was imprisoned in Ireland for daring to have the temerity to defend the Irish tenantry against the eviction by their landlords. He went to Kilmainham Gaol, which was a tough old place. I therefore stand before you as tainted goods. I am bound to say that it follows that my sympathy tends towards the last resorts of protest and demonstration, irritating and disruptive though those actions may be.

I can understand what it is like to not be heard or to feel you are not, and even to be consciously ignored or confronted with what might be described as a pitifully limited outcome—targets, policy objectives, pious words, but precious little action. That lies behind some of what we are dealing with in our democratic processes, because it is almost as if that particular process and forum is passing a sector of society by. They do not feel that they have a voice in that, and that is our problem.

My email briefing suggests that the voices particularly of young, worried and committed citizens are not being heard—or, at any rate, not resulting in any appropriate resolve. This might suggest that the current arrangements need to be adjusted to accommodate additional platforms for dialogue and concomitant response, rather than seeking to aggregate powers to the Executive at the price of reduced freedoms for the people. If, as I am told, there are growing barriers of mistrust and disenchantment with party politics, then we have a duty to be more open-minded and take a more positive stance.

It is not as if climate concern demonstrators, for instance, are not amply reinforced by report after report from national and international climate change expert committees, especially if the 1.5 degree global warming target is a train about to leave the station. Even something as basic as the immediate banning of non-recyclable plastics seems beyond our wits to implement, and regulators have not prevented raw sewage discharges into inland and coastal waters. So where are the protections? That is the question that is being asked.

There is a dialogue to be entered into here, and if the place for that dialogue is not to be this Parliament or some other effective platform then the inevitable outcome is demonstration and direct action. Noble Lords posed the question about the degree to which clamping down would result in deteriorating outcomes. I associate myself with that point: better engagement is key.

I accept that the right to demonstrate must be exercised reasonably, but I do not see where the overriding need is for these additional measures. Are they proportionate and will they be effective? As far as I am aware, there has been little or no post-legislative evaluation of the measures we already have in law, particularly those most recently passed under the Police, Crime, Sentencing and Courts Act. If they are now muddled and confused then we need consolidation and clarification, not to extend things on to the statute book.

The police, with due respect to noble Lords who have that background, may well be happy to have additional powers: what organisation vested with statutory authority and a sense of its own noble purpose would not—but will then doubtless follow it up with a demand for additional resources? But essential need is the test here, not a desire for further aggregation of power. That said, our police forces generally have a very good track record of dealing with demonstrators, and particularly of distinguishing the violent anarchist from the vocal activist. My sense, reinforced by what I have heard in the House today, is that we have enough laws to enable them to do their work and to distinguish legitimate protest from the subversive undermining of society. Adding the measures in this Bill could risk alienating police and people, and indeed dividing society in ways that I suggest are more associated with authoritarian regimes elsewhere around the globe.

I want to be sure that this is not some attempt to snuff out legitimate questioning of government policies, or the Government insulating themselves from difficult questions, but some of the processes in the Bill—the dilution and reversal of the burdens of proof, the blanket application of certain measures and woolly definitions—seem a bit Orwellian in scope and intent. Some of the details and definitions are incredibly vague and open to arbitrary interpretation. The provisions for stop and search without reasonable suspicion are extremely troubling. I am not an expert in this field but my instincts are to reject these provisions, because increasingly oppressive tactics in the name of the state merely engender a similar response from elements of society. I want to break that link.

There is one last thing. Other noble Lords have mentioned that this country has a long tradition of tolerating dissent and responding to justified demonstrations, and an international reputation for freedom of speech, fair lawmaking and justice via an independent judiciary. Perceptions matter. We need to operate proportionately. We speak as a nation in support of basic democratic rights in places such as Hong Kong, for justice in the face of oppression in Myanmar, for women who suffer discrimination in Iran, in support of Black Lives Matter in the United States, and against religious, sectarian and racial oppression everywhere. Yet here, in 2022, we are come to what I can only describe as this disproportionately framed Bill. I simply ask myself: what compels the Government to propose these measures at the expense of trust, long-established custom, and our nation’s reputation and credibility on such slender justification?

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.

Domestic Abuse Bill

Earl of Lytton Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Lord Lucas (Con) [V]]

My Lords, as one would expect, that was a fascinating contribution. In some ways, it answers a lot of my questions. I am completely behind the purpose of this amendment. To my mind, as someone who is experienced but not expert, there is nothing about the phrases in Clause 1(3)(c) and Clause 1(3)(e) that naturally covers alienation behaviour. If one were to describe this in plain English, neither of those concepts would comfortably accommodate controlling behaviour which by its nature takes place remotely. Once you have got into the business of alienation, the two parents, typically, are not together. It is difficult to see what element of control or coercion can be exercised by alienation or how, in the context of domestic abuse, the wide phrasing of

“psychological, emotional or other abuse”

could certainly be construed as covering alienation. I hope that the Government will make it clear to me and the public in general, by what they say and do outside the Bill, that alienation absolutely is covered. But I need to see that in clear and unambiguous terms.

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

My Lords, my support for this amendment comes without the personal experience of the noble Baroness, Lady Meyer, or the legal expertise of the noble and learned Lord, Lord Mackay of Clashfern. Like him, I hope that this amendment is unnecessary in reality. I cannot proceed without paying tribute to the noble Baroness for her unstinting efforts to ensure that alienation of children by one parent against another is accorded its proper place in discussion of the Bill. Her efforts and those of the noble Baroness, Lady Altmann, have been inspirational.

My concern throughout is for the protection of children and intervention in abusive situations at as early a stage as possible to ensure that their life chances are best fostered. It is well understood by psychologists that perpetrators of controlling and coercive behaviour will often try to separate their victim from outside contact—from friends, family, religious or social groups and even by preventing the means of communication necessary to seek help. As the noble Baroness, Lady Brinton, said, perpetrators are often the most confident, plausible and convincing of people. Their victims, by comparison, are often confused, anxious and timid. Both may have deeper attachment issues.

Here we are concerned with a different direction of travel, namely conscripting the innocent as proxies to alienation as part of a contest with a partner. There are doubtless many versions of this, commonly using a weak or compliant adult proxy, but there is one type that warrants special attention and that is the deliberate enmeshing of the children of a relationship by one party as a tool or lever against the other. No other identifiable category so conveniently presents itself as a vehicle for this leverage; no other proxy is so trustingly vulnerable to exploitation or so readily damaged, both in the short and long terms, by such actions.

It may be a self-justification of the perpetrator that it is for the better protection of the children from the other partner, and it merely invites retaliation by precisely the same means. I have mentioned before the perils of a wholly adversarial and corrosive no-holds-barred approach to sorting out these domestic contests. The resident parent is clearly in a strong position to influence, and issues such as access to children and much else may hang on this. The very presence of children may, paradoxically, prevent the sort of clean break that some might wish for. Typically, the children are and remain the biological offspring of both partners. What they receive from ancestors may influence what they pass down to their own offspring in turn. The toxic adversarial circumstances of a relationship breakdown of adults seems capable of rendering them particular harm. Children, as minors, are entitled to the protection of their parents and, where that fails, to the protection of society. In my opinion, society is bound to take note of those impacts on them that might lead to perpetuation of abuse in future generations.

I have been surprised by the degree of antipathy that I have experienced following the parental alienation amendment in Committee. I did not think that this was in the least bit controversial, nor worthy of such sustained criticism. But I have been heartened by the comments of many others—from male and female viewpoints—and I thank them all for the trouble they have taken to write to me.

The first criticism is that parental alienation is not defined, but it is accepted that alienating activity does exist and has long been recognised, so I take it that the use of children as proxies in the process suffers, in this instance, from a liability to multiple interpretations.

Domestic Abuse Bill

Earl of Lytton Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Wyld (Con) [V]]

My Lords, I wish to speak briefly in support of Amendment 167, in the names of my noble friend Lady Bertin and others. Given that we are discussing multiagency strategies, I declare my interests as a non-executive member of the board of Ofsted and a non-executive director of DCMS.

My noble friend gave a powerful and comprehensive speech. It is quite right to push us to change the narrative from “Why doesn’t she leave?” to “Why doesn’t he stop?” What has really come across today is the need for urgency here. My noble friend is right to urge the Government to take a definitive step to help this happen and for it to be reflected in lived experience.

As we have heard, it is completely unacceptable for perpetrators to move from one victim to another when evidence exists that they can be stopped with early intervention. We have a huge bank of evidence showing what works, and I am grateful to all those who briefed me—in particular, the Drive initiative—and to those in your Lordships’ House who have brought their own examples to the Floor. Seeing who follows me in the list, I am sure that we will hear more of those today.

We have heard consistent calls for a national approach to quality assurance, from better-tailored information on data sharing to workforce training, long-term funding and campaigning. The Government have, rightly, emphasised the need for an evidence-based and precise approach to a perpetrator strategy, but let us not drag our heels. The concern that has come across today is that we do not want to end up with the situation where everyone agrees with each other but nobody takes the lead and gets this done. On that note, I very much look forward to the Minister’s response.

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

My Lords, I am delighted to be able to support all these amendments but particularly Amendments 167 and 177B. I too pay tribute to all those who have written to me and have frankly explained not only their policy approach but, in the case of individuals, the personal tragedies that they have experienced. I may not have replied to them all, but I have been deeply moved by many of them. My sense is that we all want the same things with this Bill, but some take a more binary approach than others. I try to avoid that in order to look at what I hope is the larger picture and wider criteria, but I apologise in advance if I fail.

My starting point is that with domestic abuse there is already a relationship in which the parties to it mostly come together voluntarily and often remain so in a sufficiently close and prolonged arrangement for children to arrive on the scene. Whatever happens thereafter, there are thus emotional and psychological bonds, some of which remain very important and for children are often formational, even when the original adult relationship has started to go wrong or failed altogether.

The noble Lord, Lord Paddick, set out very many points—too many for me to say, on each individual one, how much I agreed with him. But, however justified in any given case, simply providing for some variant of justice in which perpetrators are branded as intrinsically evil or criminal and resource is focused primarily on due process and the support and protection of victims and survivors does not, in my view, amount to a comprehensive policy response. So I was very glad to learn both from my local police and crime commissioner and again from the Minister herself in a briefing last month about the £7 million provided last year to police and crime commissioners for perpetrator programmes.

The PCC, in particular, was enthusiastic in her explanation of the hugely beneficial effect that even a relatively modest allocation of £150,000 or so could have in pressing forward with a perpetrator programme and the disproportionate advantage that would flow from this intervention as compared with what I might term the “picking up the pieces after the relationship” debacle. Of course, with the largest force areas, the available sum might be a drop in the ocean but, for all that, it is welcome. However, as the noble Baroness, Lady Bertin, said in speaking to her amendment, it is not ongoing but a one-off. That needs to be addressed.

In all this, I have in mind that every perpetrator may cast a shadow over the lives of maybe six victims—at least, that is the factor that I most frequently hear. But, beyond that, it is the pain, the dislocation of lives and the damaging effects on adults and particularly children that concern me, plus the potential for abused partners to fall into some other similarly abusive relationship, just as unaddressed abusive behaviour might simply be allowed to repeat itself in an endless cycle of wretchedness. We know that these things have social and emotional costs—they lurk behind crime statistics, in judicial activities, in the all-too-limited resources of the voluntary and charitable sector, in the workplace, in health outcomes and in children’s long-term attainment.

To intervene and break this cycle, the Bill must now provide for a national framework for perpetrator programmes; it seems to me that the Long Title readily admits it. The Government clearly readily admit it to the tune of £7 million as an admission of need. We have heard much about the architecture of the Bill and I agree that it needs to keep focused, but all the focus in the world will be of little help if it is so narrow that the principal facet of what is, after all, a process involving human relationships of the most complex kind is overlooked. In the Bill we have motive, opportunity and the means to effect change. We should do it.

The noble Baroness, Lady Bertin, referred to current programmes, such as MAPPA, and their success. I suggest that a carrot and stick approach may be better than simply stigmatising perpetrators. I agree with other noble Lords that this is very much a two-way street that we need to look at. She also referred to the need for coherence—for sustainable and reliable funding and the wins all round in the effects on society for perpetrators, victims, victims’ families and survivors that would flow from that. I fundamentally agree.

At the end of the day, we have a relationship, usually between two people, each of whom makes a personal investment in that. Were we to be successful in making perpetrator programmes not only universal according to some sort of coherent framework and leadership referred to by the noble Baroness, but also part of the normal, non-criminalised mainstream service provision, then more relationships might remain functional and a significant proportion of perpetrators might cease to abuse. That would have implications for the frequency and severity of victimhood and victim and survivor experiences.

Amendments 167 and 177B propose in their various ways what is fundamentally the right way forward. This needs to be co-ordinated and driven as a national strategy by Government. I trust that the Minister will see the merits of this and accept that there is now an unanswerable case for adopting the principles behind these amendments.

Domestic Abuse Bill

Earl of Lytton Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Grey-Thompson (CB) [V]]

My Lords, I shall speak to Amendments 23, 28 and 62 in this group, to which my name is attached. I thank the noble Lord, Lord Hunt, for moving the first of these amendments and for comprehensively covering their purpose. I draw your Lordships’ attention to my entry in the register of interests in that I am a vice-chair of the Local Government Association.

Amendments 23 and 28, supported by London School of Economics research, make explicit the importance of utilising data and technology in the prevention, reporting and detection of domestic abuse and the commissioner’s important role in supporting this. Examples include encouraging the use of new “silent” methods of reporting abuse—especially important during lockdown—and using artificial intelligence methods, alongside better data usage, to determine the likelihood of repeated abuse.

Amendment 62, again based on LSE research, would ensure that, when the need for a handing out a domestic abuse protection notice was being considered, senior police officers could take into account any previous related criminality and convictions held by the alleged perpetrator. LSE research has shown that previous convictions can be a key indicator of the potential for future incidents of domestic abuse and yet are not currently taken into account when they should be regarded as a priority by any police officer considering handing out a DAPN.

Having access to the criminal history of the alleged perpetrator should be a crucial aspect of decision-making. The amendment would improve data sharing to strengthen the ability of the police to make informed, and potentially life-saving, decisions. It would enable immediate protection for survivors following a domestic abuse incident; for example, by requiring a perpetrator to leave the victim’s home for up to 48 hours.

Currently, there are many significant issues with data sharing that can have serious effects on police forces’ ability to identify, prevent and tackle domestic abuse. Not having a systematic way of recording the same person, victim or perpetrator often means that repeat victims or perpetrators are not spotted or that no action is taken to protect and prevent.

Moreover, police forces do not share data systematically, apart from the police national computer, and that only records charges. Even more concerning, there is no data or systematic information exchange between non-profit and police, so abusers are able to be invisible to the police. That is a particular worry right now, when many people are hidden from sight.

There are many examples of where better use of technology and data can help tackle abuse, including helping to determine what level of danger someone may be in so that they can receive help as quickly as possible, and prioritising police resources and responding to domestic abuse calls accordingly. Using machine-learning prediction will go a long way to supporting those who desperately need it.

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

My Lords, I added my name to speak to this group, primarily in support of Amendment 23. I, too, declare my vice-presidency of the Local Government Association. This matter has been magisterially covered by the noble Lord, Lord Hunt of Kings Heath, so anything I say will be a mere shadow of what he and the other speakers have put down.

I, too, received the briefings, both before Second Reading and more recently, from the London School of Economics. I pay great tribute to it for having brought that matter to the attention of Members of this House. At Second Reading, I and other noble Lords—in particular the noble Lord, Lord Dholakia, who has just spoken—commented on the failure of crime recording to pick up many cases, particularly cases of domestic abuse. In defence of those who are charged with the recording of suspected crimes, especially domestic abuse, they are often difficult to identify in the snowstorm of all the other issues that may be involved. Indeed, domestic abuse may not be the primary purpose of the initiating call to the police or some other agency.

Professor Gadd of the University of Manchester, to whom I had the privilege of speaking last week, suggested to me that we need to be much more curious in our responses to crime, and in particular possible abuse. Complex patterns of behaviour and the way in which they manifest themselves are meat and drink to data analysts. It seems to me that if big tech companies can build up accurate pictures of all our various spending preferences and other things, so too can algorithms help us spot and codify trends of abuse.

I do not claim expertise in artificial intelligence, but I know about the need for accurate input data and, of course, we have had problems with police recorded crime. This obviously has not been helped by failings to record offences in, I would say, several police forces over quite a number of years and, of course, the recent loss of data from the police national computer. Even so, the negative prediction rate of 11.5%, which the noble Lord, Lord Hunt, referred to and which the LSE comments on, must be a matter for some significant concern, given the proportion that domestic violence, and repeat behaviour of that, represents as a component of all crime. Any machine-learned means of reducing this, and with it the tragic outcomes that cost this country so much in torment and treasure, must have a place. That is why I support this group of amendments, and Amendment 23 in particular.

However, collecting all the data in the world, as has been pointed out, is not going to be a great deal of use if it is not consistently collated, made available at the right time and shared with people who have a need to see it at the appropriate moment. The sort of checklists that have been referred to under the DASH system—a number of standard questions, consistently recorded, collated and available at the earliest possible stages of a proposed intervention—would, I am certain, be invaluable. There, I am satisfied that technology can help. I do not think that this requires reinvention but better management, oversight and adoption of appropriate IT systems. This would help reduce human errors and omissions. Above all, it is about avoiding unnecessary risk and optimising resources, as has been pointed out. This necessitates good training of call handlers and, as I say, being altogether more inquisitive and interrogative of data and callers to see what is actually lying behind the call. Otherwise, I do not think that we will make the best use of what IT offers. That apart, I believe that these amendments are extremely important in pointing a way forward.

--- Later in debate ---

This amendment is about changing the cultural and social landscape around domestic abuse for the next generation. If we focus only on refuge and not intervention and rehabilitation, especially in the form of psychological therapy for couples, we miss out on a crucial piece of the weaponry for breaking the cycle of domestic abuse.

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

My Lords, the noble Baronesses who have spoken to this group of amendments are hugely qualified to speak on the issues of psychotherapy, and none more so than the noble Baroness, Lady Meacher. I have no such credentials, beyond being an observer of the human condition coming from an entirely different field altogether.

My interest in supporting this group of amendments comes from a profound belief that—as the noble Baroness, Lady Meacher, said—rather than picking up the pieces after the event, early intervention before the damage in abusive relationships has reached its most pernicious stages must be an object of policy. Before we get to the stage of cranking into place all legal, prosecutorial, judicial and costly protective paraphernalia, the need to pay attention to psychological problems at a much earlier stage, or indeed as a preliminary step in later stages, seems an unavoidable conclusion. In support of that assertion, I need not go further than the domestic homicide reviews, cataloguing as they do the tragic endpoint of failure to intervene in time, but which consistently refer to much earlier and identifiable opportunities in the downward slope, at which points the problems could and should have been consciously noted and acted upon. Even if they do not end in homicide, I believe that similar trajectories occur in domestic abuse generally from childhood onwards.

To tackle this, we need an understanding of the psychology of victims, perpetrators and children in what is a hugely complex area of motivations, drivers, preconceptions and circumstances, right across gender and age divides, social and economic environments, matters of nature and nurture, and much else. This suggests to me that the discipline of psychology is a golden thread in terms of identifying traits informing decisions, facilitating early-stage support and intervention, and, as the noble Baronesses have said, breaking this terrible cycle of behaviour that the Bill seeks to address.

I recognise that psychological skills are, in any event, far from plentiful, and involve not only time but expense. But I do not believe that it is an argument to discard the appropriate tool on grounds of timing, complexity or cost; nor should we be deflected because, as has been explained to me by others, dealing with substance abuse in parallel with psychological issues—as is so often a combination—requires considerable skills and powers of leadership.

I am glad that the noble Baroness, Lady Meacher, mentioned cost-benefit. It may sound like monetising private misery, but I am absolutely convinced that she is right about the social cost and why these amendments are necessary.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble Lord, Lord McConnell of Glenscorrodale, has withdrawn, so I call the noble Baroness, Lady Burt of Solihull.

Domestic Abuse Bill

Earl of Lytton Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I must apologise to your Lordships’ House for not being able to speak at Second Reading. In the 10 years that I have had the privilege of being a Member of your Lordships’ House, I have from the start focused on the despicable behaviour of those who harass, stalk, and coercively control their current or former partners. This Bill recognises so many of the agonies that victims of domestic abuse have faced, whether male or female, including by at last recognising that children themselves can also be victims of domestic abuse and coercive control.

Over those years, we have succeeded in getting much of this behaviour recognised in the criminal system through reforms of the stalking laws and clear definitions of coercive control, but there remain problems in both the family and private courts. I was pleased to hear the noble and learned Baroness, Lady Butler-Sloss, mention again the need for judicial training on this, as what I am going to say reflects the fact that far too few judges have had the training they need to understand these difficult and complex issues. That is why, I am afraid, I am going to disagree with Amendments 2 and 4, despite the moving speech of the noble Baroness, Lady Meyer, and the fact that child abduction can never, ever be right.

Your Lordships’ House has a special role in scrutinising legislation, a duty that it carries out with due care. I am sure that the movers of this amendment are sincere in their belief that such a definition would be helpful, but I and others think that it would not be, principally because parental alienation remains a controversial subject, as previous speakers have mentioned. There is no commonly accepted definition, no reliable data on its prevalence, and a lack of peer-reviewed and robust academic studies to give confidence in any such definition.

It is worth noting that these moves are unanimously opposed by all of the victims’ and domestic abuse commissioners, as well as domestic abuse charities, and I thank them all for their briefings. They tell us that there is worrying evidence that the concept of parental alienation has gained a significant foothold in the UK family courts and is already being used in judgments relating to child safety. Worse, there is also alarming evidence that the fears of false allegations of parental alienation are becoming a barrier to victims of abuse telling the courts about their experience. The Ministry of Justice report, Assessing Risk of Harm to Children and Parents in Private Law Children Cases, published in June 2020, makes that plain.

The report received deeply concerning evidence that fears of parental alienation are directly supressing allegations of domestic abuse. The review received several submissions which highlighted how

“victims were advised by professionals, including their own lawyers, not to raise domestic abuse because the courts would take a negative view of this and it may be used against them as evidence of parental alienation or hostility to co-parenting.”

The strength and dominance of allegations of parental alienation are, I am afraid, now beginning to shape the legal advice being given to survivors of domestic abuse and coercive control.

Among its recommendations, the Ministry of Justice report says that

“the Child Arrangements Programme should incorporate a procedure for identifying abusive applications and managing them swiftly to a summary conclusion.”

and that:

“Fears of false allegations of parental alienation are clearly a barrier to victims of abuse telling the courts about their experiences.”


Inexplicably, the phrase “parental alienation” has been included in draft statutory guidance for the Bill as a form of coercive control, despite not appearing anywhere in coercive control legislation. Will the Minister ensure that this reference to parental alienation is also removed from the draft statutory guidance?

Why are there such concerns about parental alienation on the part of those who are experts in domestic abuse? They are seeing a direct relationship between allegations of parental alienation and potentially unsafe child contact or residence arrangements. Some parental alienation experts recommend dramatic measures to treat this alienation, including a 90-day deprogramming window in which the child is placed with the allegedly alienated parent and is allowed no contact the with alleged alienator. In reality, this means that many children are placed with parents they are afraid of—whether that is rational or not—who are alleged abusers and whom the children often directly state opposition to living with. This is a deeply distressing intervention for the child and the parent who may have lost custody, who is given no knowledge of their child’s welfare during this time.

There are experts whose views I trust, and whom I hope the House will hear. Nicole Jacobs, the designate domestic abuse commissioner, has said:

“I am increasingly concerned about the potential for the idea of ‘parental alienation’ to be weaponised by perpetrators of domestic abuse to silence their victims within the Family Court. So much more must be done to improve the understanding of domestic abuse within the Family Court, which is the single most common issue that victims and survivors contact me about. I have heard of some terrible examples where the Family Court fails victims and survivors of domestic abuse, and addressing these will be a top priority for me and my Office.”


Dame Vera Baird, the Victims’ Commissioner, says:

“The government has now recognised that children are victims of domestic abuse not bystanders and that they too suffer harm from the abusing parent. That cannot now be ignored and their future entrusted to a parent who has already harmed them. Any courts who entertain this notion”


of parental alienation

“will do huge damage to justice and damage to large numbers of children who are already suffering from their abuser’s behaviour. This Bill must not recognise any validity in this groundless notion. In every case about the welfare of children the evidence is what matters. The courts must guard against the well-known phenomenon that they are used as a further tool of abuse by manipulative domestic abuse perpetrators”.

The Women’s Aid Federation of England says:

“Parental alienation is increasingly used in the family courts, but there is a dearth of robust evidence to back up the concept or reliable data on its prevalence. The ‘pro-contact’ culture in the family courts means that parents are expected to facilitate contact, even if they have concerns about safety. It also means that allegations of parental alienation—where one parent is accused of encouraging their child to resist contact with the other parent—can be taken more seriously than allegations of domestic abuse and other forms of harm. Theories of parental alienation should never be accepted without analysis of the impact they have on survivors of domestic abuse and their children.”


It is also worthy of note that, having adopted a definition of parental alienation, the World Health Organization has now agreed to remove any reference to it.

I agree with the concerns expressed in the Ministry of Justice report, by the various commissioners working with victims of domestic abuse and coercive control, and by the organisations supporting victims. I hope that the Minister will also agree that there is no place in this Bill or its statutory guidance for a concept without a robust evidential basis, or one that can be used by perpetrators to continue their abuse of their former partner and children.

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

My Lords, I added my name to these amendments because I feel strongly that we are not picking up domestic abuse early enough in the process. Part of that is a failure to identify and become aware of the forms of abusive behaviour for what they are. One of the most important aspects of the break-up of a relationship is the effect on children, as they can be terribly damaged through that process. The noble Baroness, Lady Meyer, has given us a moving description of her experiences, and I pay tribute to all those who have written to me for and against these amendments. I respect what they say.

My strong feeling is that by the time domestic abuse cases get to the courts, views are already polarised, resentments are deep-seated and entrenched, and an intensely adversarial legal system is in play. Anything not proscribed by law seems to be fair game, and the outcomes are all too often a matter of sweeping up the broken fragments of family relationships as tidily as possible.

We know that one of the problems is parental alienation. I accept what the noble Baroness, Lady Brinton, has said; her experience is far and away ahead of mine. One of the reasons it is not picked up at an early enough stage is the absence of an identity that would trigger intervention and appropriate support long before matters came to the formal attention of the police or the jurisdiction of the courts. We know that this is one of the reasons why certain domestic abuse instances are not recorded at all. I acknowledge that the spectrum of such abusive behaviour is enormous, labyrinthine and often a matter of controversy among experts, but signposting this for earlier intervention seems an unassailable point.

I have seen, read and listened to objections to the term “parental alienation”, but lack of definition or labelling—or, for that matter, the awareness that goes with that—does not make the problem cease to exist. It is quite clear that it does. As I just said, I see as one of the problems the nature of the judicial and adversarial process that must be dealt with. I make no criticism of the judiciary, which has to pick its way through enormously complex issues and try to find the best way forward for the parents and particularly the children. It concerns me that, if we do not have a definition, the abuses that have been described and the excuses, particularly of male partners against female partners that the female is indulging in parental alienation of children, will not go away or in some way become less likely.

The noble Baroness, Lady Meyer, suggests that parental alienation is readily identifiable. I cannot speak to that but, from my own observations, I agree. From what I have seen from many who have written to me, it is an identifiable condition. I appreciate that it is complex and multifaceted, but I think we all know, on a results basis, what it means in practice.

This is not just a definition for lawyers and the courts of when things have got to that terrible stage of events when everybody has dug themselves into their positions and every sort of lever and form of manipulation is being used in the cause by one side or the other, but a definition for everybody—particularly upstream of those situations where, as the Domestic Homicide Review has identified, available signs indicated that there were problems which could and should have been picked up. That keeps cropping up. I believe the same is true for parental alienation, as a component in what is quite clearly a larger pattern of abuse.

That is why I support these amendments—primarily because children are caught in the middle here. They are being used as part of the process of leveraging some sort of advantage by one partner against the other. That must stop. It must be identified as offensive, save in circumstances where it is demonstrated that it is being done with the best interests of the child unequivocally in mind—for instance, where there is clear evidence of physical or other sorts of abuse of that nature and something must be done. That is why I support these amendments and have put my name to them.

Domestic Abuse Bill

Earl of Lytton Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

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

My Lords, I declare my vice-presidency of the LGA. I very much welcome this Bill. It brings forward much needed improvements to legislation and highlights the coercive and controlling behaviour, oppression and violence that form the all-too-familiar pathway of domestic abuse, sometimes leading to homicide. I particularly welcome that it will better identify perpetrators.

Victim non-reporting apart, I share the concern of the noble Lord, Lord Dholakia, that too many instances of crimes, particularly domestic abuse, are either misrecorded or, as in the recent instance of the Greater Manchester Police, not recorded at all. Failure to keep accurate crime records has been a constant criticism over many years, and expert Dr Rodger Patrick, in past evidence to parliamentary committees, considers this to be endemic. Successive reports of Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services have in successive reports highlight this problem. In violent domestic abuse cases, tragic deaths, such as that of Jacqueline Oakes, are the result. UNISON cites other cases in its briefing.

My point is that proper ownership and responsibility for such cases is now needed. We should expect better, and it requires the collaboration of everyone involved, because accurate, shared and appropriately protected information is essential, and fundamental to early detection, intervention and protection of the vulnerable. Will the new commissioner have adequate powers to realign end-to-end processing of domestic abuse cases?

I appreciate that domestic abuse cases are extremely demanding of manpower, resources and specialist expertise, such as in psychology. I have no doubt that they involve some of the most secretive and convoluted aspects of human relationships. I am particularly indebted to Mrs Katy Bourne, the Sussex police and crime commissioner, for briefing me, and I pay tribute to her pioneering work and positive approach in dealing with stalking and creating perpetrator programmes. I understand the point that one perpetrator may give rise to numerous victims, so I agree with the noble Baroness, Lady Burt, that perpetrator programmes are a vital area of investment and should be expanded. Domestic homicide reviews also suggest that better inter-agency collaboration is needed, which evidently is not the case in all areas. We should certainly encourage more local initiatives.

Relationship education in schools on what constitutes normal, healthy behaviour seems to me hugely beneficial in reducing adverse child experiences. Domestic abuse needs to be more visible, with better early-warning triggers. Calls for more resources are numerous and expected, but if we do not manage these resources effectively and imaginatively, then, despite the Bill, we may simply respond to the symptoms when violence is already evident, acting in haste, with snap decisions made about perpetrator and victim on a victim-first basis, but which in other circumstances might warrant a more nuanced approach. The basic malaise will therefore likely persist, if we are not careful. The Magistrates’ Association is concerned at the imposition of prevention orders with criminal consequences, possibly without either evidence or finding of guilt. I ask the Minister to comment on that.

Academic reviews show that coercive and controlling behaviour, while currently understood to be prevalent among men, especially in domestic abuse in its violent forms, is not the sole preserve of any particular gender, race, creed or economic classification. Understanding a perpetrator’s psychological make-up and the domestic abuse triggers clearly requires great skill, and I worry about hasty fixes and gender assumptions in such circumstances. I note comments that the Bill should be amended to include an offence of non-fatal strangulation, and I look forward to hearing further about that with interest.

To conclude, alongside the Bill, we must make best and most intelligent use of what we currently have and know. I, too, welcome the LSE’s data technology suggestion. As to accurate identification and recording of domestic abuse, perhaps we should measure future performance by reference to criteria that are not reduced to the art and presentation of annual crime statistics. The Bill can be improved, but I very much welcome it.