Domestic Abuse Bill

Lord Duncan of Springbank Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

My Lords, I thank all noble Lords who have spoken in what has been an incredibly thoughtful debate, and I thank the noble Baroness, Lady Kennedy of Cradley, for her rather timely retabling of this amendment, which in Committee was tabled by the noble Lord, Lord Russell of Liverpool. The noble Baroness has highlighted how the collection of data could add to our understanding of the nature of hate crimes against women and thereby find ways of tackling it, and I agree on that. Perhaps I may make it absolutely clear to the noble Baroness that we are more than willing to engage on the issue of data collection. Not only is it crucial to our understanding of the issue, it will enable us to find solutions to some of the problems we face.

I have read the article about Sue Fish’s appearance on “Woman’s Hour”. I was rather taken aback that the woman who had instigated the collection of data in Nottingham said that she would be reluctant to come forward about something that happened to her personally because of some of the prejudice that she felt she might face. That should give us all pause for thought about the issue at hand.

I join with other noble Lords in being appalled and shocked at the killing of Sarah Everard, and again our thoughts and prayers are with her family and friends. As the noble Lord, Lord Paddick, has pointed out, criminal proceedings are under way, but this brings into sharp focus the need to protect women and girls from violence. The Government are of course deeply committed to tackling all forms of violence against women and girls, and this Bill is a testament to that. We have also brought forward a number of measures in the Police, Crime, Sentencing and Courts Bill, which just last week was introduced in the House of Commons, to strengthen the management of sex offenders and those who pose a risk.

I agree with my noble friend Lord Young of Cookham, who said that we should not react in a knee-jerk way. I do not think that we have done that in this Bill, but I have given this issue much thought. We need to do more to keep women and girls safe from harassment, abuse, sexual and other violence, That is why in December we launched a call for evidence to inform our forthcoming Ending Violence Against Women and Girls strategy. When it closed last month, it had already received more than 19,000 responses, and in recognition of the renewed debate on women’s safety in recent days, we have now reopened it for a further two weeks to 26 March. We have already received over 120,000 responses and I would encourage the public to share their views. We will use the responses to develop a strategy to better target perpetrators and to support victims and survivors. Our aim is to publish the new strategy by the summer.

I cannot but agree wholeheartedly that all hate crimes are abhorrent and should be dealt with using the full force of the law, regardless of gender or any other characteristic. I made the position of the Government quite plain in Committee that all crimes motivated by hatred are totally unacceptable and have no place in our society. I also set out that this was the reason why, in 2018, as part of the Government’s updating of our hate crime action plan, we asked the Law Commission to undertake a review of the current hate crime legislation. This includes a review of whether other protected characteristics such as sex, gender and age should be included.

During the course of the review in 2019 and last year, the Law Commission organised events across England and Wales, speaking to as many people as possible who have an interest in this area of the law. We asked the commission to look at the current range of offences and aggravating factors in sentencing, and to make recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. In addition, the review took account of the existing range of protected characteristics to identify potential gaps in the legislation so that the review could make recommendations to ensure consistency of approach. As noble Lords will know, the consultation of the Law Commission to support the review closed in December. In that consultation, it focused on the issue of whether sex or gender should be added to hate crime law, noting that adding misogyny by itself might introduce inconsistencies to hate crime laws.

The Law Commission has pointed out that this is complex. Its consultation has highlighted a number of issues that need further consideration to ensure that adding sex or gender to the hate crime framework brings greater rather than less effectiveness to the law. This includes ensuring that linking domestic abuse and sex-based hostility does not create a hierarchy of harm in those cases of abuse where a sex-based hostility is more difficult to demonstrate and is seen as being less important. The Law Commission also talked about the need to ensure that the law itself is coherent, which is why it has been discussing the possibility of carve-outs to ensure that domestic abuse legislation does not conflict with how hate crime laws operate. These are just two examples of the complexity of this issue that the Law Commission is still working through.

I shall go back to the point made by my noble friend Lord Young of Cookham. Before we make long-term decisions on changes to police recording practices in this area, I still think that we should wait for the outcome of the Law Commission’s review, which is an in-depth and wide-ranging one into the complex area of hate crime. Moreover, I do not think that further legislation is required. Section 44 of the Police Act 1996 already allows the Secretary of State to require chief officers of police to provide information relating to policing in their area. This might include statistical or other information related to policing, crime and disorder. It provides the statutory basis for the annual data requirement from police forces in England and Wales, which includes recorded hate crime.

While the amendment is not needed, as the necessary powers are already in place to require forces to provide information of this kind, we agree that data can be helpful and we know that some police forces like Nottingham are already collecting it. I advise the House that, on an experimental basis, we will ask police forces to identify and record any crimes of violence against the person, including stalking and harassment, as well as sexual offences where the victim perceives it to have been motivated by a hostility based on their sex. As I have said, this can then inform longer-term decisions once we have considered the recommendations made by the Law Commission. We will shortly begin the consultation with the National Police Chiefs’ Council and forces on this with a view to commencing the experimental collection of data from this autumn.

In response to the question put by the noble Baroness, Lady Kennedy, and the noble Lords, Lord Russell and Lord Paddick, the detail of the consultation is still to be worked through. That is not to exclude gender, but just to say that the detail remains to be worked out. In giving this undertaking and in the knowledge that the necessary legislation is already in place, I hope that the noble Baroness, Lady Kennedy, will be happy to withdraw her amendment.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

I have received two requests to speak after the Minister, from the noble Lords, Lord Hunt of Kings Heath and Lord Russell of Liverpool. I will call them in that order.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I warmly thank my noble friend Lady Kennedy and the Minister for her response. Can the Minister confirm that the Nottinghamshire Police official definition is the following:

“Incidents against women that are motivated by an attitude of a man towards a woman and includes behaviour targeted towards a woman by men simply because they are a woman”?


I take it that there is no question of introducing the sex or gender terminology used in this amendment, which is different from the amendment moved in Committee, and has certainly not been endorsed by the Law Commission.

--- Later in debate ---

Amendment 87B withdrawn.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

The noble Baroness, Lady Deech, indicated that she may press Amendment 87C to a Division. Does she wish to move it?

Amendment 87C

Tabled by

--- Later in debate ---

Amendment 90 not moved.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

We now come to the group consisting of Amendment 91. Anyone wishing to press this amendment to a Division must make that clear in debate.

Amendment 91

Moved by