Lord Alderdice
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Domestic Abuse Bill
Lord Alderdice ExcerptsMonday 8th February 2021
(3 years, 9 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-VI(Rev) Revised sixth marshalled list for Committee - (8 Feb 2021)
The Deputy Chairman of Committees (Lord Alderdice) (LD)
I have received a request to speak after the Minister and so I call the right reverend Prelate the Bishop of Gloucester.
The Lord Bishop of Gloucester [V]
I thank the Minister for her considered response and want to acknowledge her support and compassion for migrant victims of domestic abuse. The issue for me is still the one that has been raised throughout this debate of how we guarantee long-term protection for migrant women with insecure immigration status, given all we have heard about the mismatch in timing between the pilot scheme and this Bill. So I really welcome discussion with the Minister as we determine whether to bring this matter back at a later stage.
Lord Parkinson of Whitley Bay (Con)
My Lords, we still have a number of amendments to get through this evening, but I think now might be an opportune moment for a short break. I beg to move that the Committee do now adjourn until 8.23 pm.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
My Lords, the Committee will now adjourn until 8.23 pm, and we will return to deal with the group beginning with Amendment 149.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
My Lords, we now come to the group beginning with Amendment 149. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in this group to a Division should make that clear in debate. I should inform the Committee that, if this amendment is agreed to, I cannot call Amendments 157 or 168.
Amendment 149
Baroness Greengross (CB) [V]
My Lords, I support this group of amendments and specifically wish to speak to Amendment 157, to which I have added my name. Section 76 of the Serious Crime Act 2015 covers coercive or controlling behaviours by family members who live with their victims; this amendment would ensure that this is broadened to include those family members who reside at a different address.
As I outlined at Second Reading, many older people suffer from domestic abuse, which all too often goes unreported. Until very recently, the ONS did not collect data for those aged 75 and over in the national crime survey. Since the Covid-19 pandemic, the ONS has stopped asking questions around sensitive topics including domestic abuse and sexual assault, so it will not be until sometime after the pandemic that the ONS will start publishing data on the abuse of older people.
From the information we do have, however, we know that the abuse of older people is often committed by family members and victims can be reluctant to report this. In cases where parents are abused by their children, they often feel that the abuse reflects on them as parents—and indeed it might. The Metropolitan Police and other UK police forces have said that this is a significant factor in the underreporting of abuse against older people.
The organisation Hourglass, formerly Action on Elder Abuse, which I originally set up with the help of the Department of Health and of which I am a patron, has a helpline to support older people who are victims of abuse. The most frequent perpetrators recorded by the helpline are sons and daughters, making up 30% of all calls in 2019 and 38% of calls in the first six months of the pandemic, from March to September 2020.
Abuse against older people, like abuse against people of any age, takes many forms, as we know. Hourglass reports that, in 2019, 40% of calls to its abuse helpline involved financial abuse. Very often, this form of abuse is carried out by family members who do not reside at the same address as the victim.
One way this financial abuse occurs is through the use of technology and the digital exclusion of older people. In June 2020, the International Longevity Centre UK, of which I am chief executive, published a paper entitled Straddling the Divide, which highlighted the issues that many older people face with digital exclusion during the Covid-19 pandemic. The report found that, in the UK,
“around 11.9 million people lack the digital skills they need for everyday life.”
It also found that
“only 47% of adults aged 75 years and over recently used the internet.”
At a time when older people have been told to stay home and shield, many have not been able to go to the bank as they have in the past. More than ever before, many now rely on others to manage their finances online. Very often, this is done by a close family member and sadly, as we know, this can lead to financial abuse.
Such abuse is often coupled with controlling and coercive behaviours by the perpetrator where other forms of abuse, such as physical or psychological abuse, are not used. It is crucial that the offence of controlling or coercive behaviours by family members includes those not residing with the victim, as this would strengthen the law in protecting against the abuse of older people—which, I hope all noble Lords agree, is a serious and often urgent issue that must be resolved as a matter of urgency.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
I am advised that the noble Baroness, Lady Manzoor, was unable to get online so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.
Baroness McIntosh of Pickering (Con) [V]
My Lords, I am delighted to follow the noble Baroness, Lady Greengross. I pay heartfelt and fulsome tribute to her for all her tireless work for older people. There is much to commend in Amendments 149 and 157 in this group, but I will direct my remarks to Amendment 149; I pay particular tribute to the noble Baroness, Lady Lister, and her co-signers for introducing it.
The mental anguish and emotional strain of this form of abuse, continuing post separation, is worthy of our attention this evening. I thank the charities such as Refuge, Surviving Economic Abuse—known as SEA—and others that have brought this issue to our attention in the context of this Bill. The figures brought forward in research undertaken by Refuge suggest that 53% of survivors of economic abuse said that it stopped after they had separated from their partner.
However, the controlling and coercive behaviour offence does not cover abuse that occurs when couples are no longer in a relationship or living together, so there are strong arguments for bringing in the type of behaviour so eloquently outlined by the noble Baroness, Lady Lister, in moving this amendment. In paying tribute to the work of these charities and the many who have suffered abuse, we should look at the inconsistencies and at closing the loophole in the present laws. My starting point is that, now that economic abuse is being recognised in the context of the Domestic Abuse Bill, it makes sense to bring this type of coercive behaviour within the remit of the Bill.
In responding to the powerful arguments put forward in this debate, if my noble friend the Minister cannot adopt the amendments before the House, I hope that she will look kindly on bringing forward amendments from the department and in her own words to ensure that the inconsistencies identified in this amendment are brought to an end and that this type of abuse, the forms taken and its pervasiveness—this abuse can continue long after separation—are brought to a timely end. I pay tribute to the noble Baroness, Lady Lister, for moving this amendment. I believe that it is worthy of the attention of the House, and that this type of behaviour is unacceptable and should be brought within the remit of this Bill. If that does not happen this evening, I hope that my noble friend will look favourably on bringing forward on Report a form of words that we can all unite around.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
We now come to the group consisting of Amendment 162. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division must make that clear in debate.
Lord Macdonald of River Glaven (CB) [V]
My Lords, I am grateful to the noble Baroness, Lady Morgan, for putting down this amendment, which I strongly support.
One way to judge the gravity of a crime is to assess the anguish it brings to its victims. Usually, this emotional suffering comes as a by-product of, say, physical harm or financial loss. However, sometimes the creation of anguish is deliberate, the whole point of the crime, and a source of great satisfaction to the criminal. It is perhaps no surprise that our courts have reserved special condemnation for those responsible for this sort of behaviour. In 2015, amid mounting evidence of a growing problem, the Government decided to tackle the ugly phenomenon of so-called revenge porn: the sadistic online dissemination without consent of sexually explicit photos and videos, usually of young women, and usually by disgruntled former boyfriends. Ministers recognised that this behaviour is particularly nasty because it targets the most private and personal aspects of life, exploiting intimacy to create ridicule, contempt and public shame. Indeed, each of these emotions is precisely what is intended by the perpetrator, particularly the public shaming. This conduct was thus made a crime that could lead straight to prison.
However, it is now clear that the present law does not go far enough, for what about threats to share intimate images? As your Lordships have been told, at present, these attract no criminal sanction at all, although the evidence shows that significant numbers of women and girls face this menacing behaviour.
Much has been said in this debate about the survey carried out by Refuge, the country’s largest provider of domestic abuse services. That is not surprising when the results of this survey appear to show that as many as one in seven young women in England and Wales have faced these threats.
These figures portray a world of anxiety and dread. Because most of these threats come from current or former partners, they also speak of deliberate schemes of domination and control that we should acknowledge for what they are: straightforward examples of domestic abuse. Like all crimes in this category, they gift a gratifying sense of power to the abuser, who is intent on using this power to signal the victim’s utter lack of worth.
Amendment 162 provides the opportunity to change the law to criminalise this behaviour, granting thousands of women and girls access to justice and protection—the first duty of the law. At present the Government prefer to push this issue off into the future, awaiting a Law Commission review into all forms of image-based abuse. But for all the reasons set out by the noble Baroness, Lady Morgan, people subjected right now to this behaviour should not have to wait. I hope the Government will accept what is widely acknowledged: that this is a gap in the law and the Government’s duty is to plug it without delay.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
The noble Baroness, Lady Fox of Buckley, has withdrawn, so I call the noble Lord, Lord Russell of Liverpool.
Lord Russell of Liverpool (CB)
My Lords, in this morning’s Times there is an article in which the National Police Chiefs’ Council lead officer for child protection, Simon Bailey, said that arresting hundreds of sex offenders every month has little effect, because millions of abuse images are readily available online. Mr Bailey pointed out that the number of indecent images in circulation has risen exponentially, from 7,000 in 1990 to 17 million today. They predominantly involve girls aged between 11 and 13, because 44% of these images were or are self-generated. This is part of the ever-growing online library of intimate images, curated—in the loosest sense of the word—by technology and social media platforms, only some of which grudgingly acknowledge a limited degree of responsibility.
Consider the 11 to 13 year-old girls of today and how they may feel about these images existing and getting into the wrong hands as they navigate through adolescence and towards adulthood. Consider those women who were the 11 to 13 year-olds five, 10 or 15 years ago, who not only have their legacy images stored in the cloud but who may have continued to populate that library in the interceding years. This is the reality of the scale of the problem we are discussing tonight.
The statistics are compelling and depressing. An estimated 130,000 young people aged between 18 and 20 have experienced threats to share their intimate images, and almost 1 million people now in their 20s have experienced similar threats. Whether we like it or not, the sending and receiving of intimate images is an increasingly common part of dating and relationships. In 40% of cases in which individuals have received threats to share intimate images, they did not consent to those photos or videos being taken in the first place.
The amendment from the noble Baroness, Lady Morgan, which I wholeheartedly support, is an important and necessary part of what must be a legal and societal assault on the myriad ways in which technology can be used to abuse, control and coerce. Whether individuals consented to their images being taken is irrelevant; they should have ironclad protection under the law from those images being used without their consent. Their bodies, their self-esteem and their right to privacy and protection should be theirs and theirs alone.
On 28 December last year, as we enjoyed a later-than-usual Boxing Day bank holiday in England, and your Lordships prepared themselves for the rigours of the 30 December debate on the TCA with the EU, in Dublin, President Higgins signed the Harassment, Harmful Communications and Related Offences Bill into law. This created two new offences. One deals with the taking, distribution or publication of, or threat to distribute, intimate images without consent and with intent to cause harm, with the penalty of an unlimited fine or up to seven years in prison.
Baroness Sanderson of Welton (Con)
My Lords, I too will speak to Amendment 162, although, by this stage in the evening, the arguments have already been made. It is not necessary for me to outline the damage that is done by threats to share intimate images or how distressing it is for victims. Anyway, the Government recognise the problem, which is why they have asked the Law Commission to conduct a review.
I understand why the Government wish to wait for the outcome of that review, but we already know that these threats are carried out largely in the context of domestic abuse, which seems to make this Bill the appropriate legislative vehicle. So that leaves us with a conundrum. I appreciate the difficulty, so simply ask my noble friend the Minister how the Government intend to address this issue, in a timely way, if they cannot consider this amendment at this moment in time.
The Deputy Chairman of Committees (Lord Alderdice) (LD)
The noble Baronesses, Lady Newlove and Lady Jones, have withdrawn, so I call the next speaker, the noble Baroness, Lady Bertin.
Baroness Bertin (Con) [V]
My Lords, absolutely it is late in the day, and so many other noble Lords have made brilliant speeches to which I cannot add a great deal. I wholeheartedly support Amendment 162 and thank my noble friend Lady Morgan for setting out the case so well.
We have heard a lot about why we are waiting for the Law Commission. I do not think that we should wait, because threats to share intimate images make up such a small part of this review. Amendment 162 is a simple, narrow yet powerful amendment to extend an existing offence. I ask the Minister how many more victims will live without the legal protection they need while we wait years for the law to change—a change that we can make right now in this Bill. I hope that the Government consider and take on board this amendment.
Baroness Primarolo (Lab) [V]
My Lords, I will speak only briefly on Amendment 162. I too thank those organisations that have provided a briefing for this debate, particularly Refuge, which has been excellent throughout. Like other noble Lords, I commend its report, The Naked Threat.
At the beginning of the debate, the noble Baroness, Lady Morgan of Cotes, eloquently outlined why we need to act now. It is impossible to imagine the horror that someone might feel when their phone pings with a message from their ex-partner with photos attached, perhaps ones that they did not even know had been taken, and a threatening message saying, “How bad would it be if these were sent to your work colleagues?” By threatening to share the photographs, your ex-partner is escalating a campaign of intimidation and coercive control to make you do what they want. You can try to deal with it, but he is going to continue with those threats. He had been volatile and controlling, which is why you left him, and now he is trying to get you to go back to him or he wants to prove that he can still control you.
Over time, those threats become darker and more unsettling. You become anxious, you feel unsafe, you are not sure whether he is coming to your home or your work, following you or contacting your friends. He is now frightening you and threatening your physical well-being. Finally, you go to the police, but they decline to help on the basis that he has not done anything wrong and has not committed an offence, so there is nothing they can do. You feel deeply depressed, isolated and fearful. You stay away from friends and virtually go into hiding, not knowing where to turn for help.
As noble Lords have said, young women are disproportionately affected by these threats. The noble Lord, Lord Russell of Liverpool, has compellingly set out the statistics. This issue is only going to grow, so any form of protection now needs to be brought in rapidly. The data is clear and illustrates why it is vital that an amendment is made to this Bill. No doubt, as other noble Lords have said, the Minister will cite the Law Commission review. However, as we know, those reviews can take years to come to a conclusion, as well as the Government deciding which recommendations they will accept. The Government then need to find parliamentary time. In replying to the debate, the Minister really does have to answer the question put by other noble Lords: if we are to wait for the outcome of the review and the Government’s decision on which recommendations they will apply, how long will that take? How long are the Government asking the survivors of this abuse to wait?
The Law Commission review covers a vast area of policy. Amendment 162 is not about pre-empting the full review. The changes it would make are small, straightforward amendments to an existing law that would not have a broader impact on the legal landscape. There really is nothing to stop the Government making this small change now, given that we have appropriate legislation before us.
This debate has clearly demonstrated that the threat to share intimate images is widespread. It is linked to domestic abuse and is having a devastating impact on the survivors of abuse. It is an issue that is going to increase and will continue to put power in the hands of the perpetrator, leaving survivors traumatised and isolated, perhaps forced to change their lives and move away from their homes, simply because the Government refuse to make this small change to the law. I hope that, in replying to the debate, the Minister will explain clearly, if the Government are unable to accept the amendment, how they propose to protect the survivors of this abuse.
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.