Domestic Abuse Bill

Lord Kennedy of Southwark Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

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

My Lords, I thank the noble Baroness, Lady Kennedy of Cradley, for her work in this area. The figures that she mentioned are terrifying, and I agree with many of her points.

I received a number of emails asking me to speak to this amendment because of the level of concern about misogyny. Like many others, I am tired of misogynistic behaviour and appalled by the way that women are still treated in society. However, what looks like a simple amendment that I could support is in fact far more complicated. The amendment does not explicitly state the word “misogyny”, and to me the inclusion of the word “perception” is not precise enough.

I am grateful for the various views from other noble Lords and, as always, the noble Baroness, Lady Fox, has given me much to think about and challenged my views about what misogyny actually is. I am still inclined towards a legal framework for it, but I am tired of women having to change their behaviour because of it.

However, we need to consider what we can do to prevent, report and tackle it, and which legislation it should be placed in. Both men and women are affected by domestic violence and all those affected by it deserve protection, but women are undoubtedly more commonly victims. There is only one place in the Bill where the word “female” is used and we should take absolute care with it because it is the only place where women are centred in the legislation.

Domestic abuse legislation is complicated; it should not be, but it is. Last week the Government told me that including a specific provision in the Bill for disabled people who experience abuse in the domestic environment would be too complicated. I am strongly in favour of improving law enforcement around violence against women and girls, which we desperately need, but, while I am moving towards the idea of having a legal framework for misogyny, I do not think the Bill is the right vehicle for it. We should spend more time and care on the question of hate crimes—I am particularly keen to look at disability hate crimes—than on an amendment that comes towards the end of the Bill. We should have an opportunity to explore more options to enable us to do the job that we want it to: offering protection to women and girls.

Counting women should not be complicated. The amendment is largely about the counting aspect of hate crimes. How do the police measure how many crimes of male violence against women are reported and how many are prosecuted? That is fundamental, and this is where it does not need to be complicated. Scotland passed a Bill on hate crimes last week and excluded women and misogyny from it, saying that the issue was too complicated. There is a working group led by the noble Baroness, Lady Kennedy of The Shaws, and many will be interested in its outcome, but that will not be for many months.

I understand that the word “gender” was added to the amendment after previous stages in another place. Earlier versions used the correct legal definition of “sex” and did not have the late insertion of “or gender” so that has not been through lengthy scrutiny. I am concerned that adding “gender” here takes away from the clarity of Clause 73 in centering women. I reiterate that anyone who experiences domestic abuse deserves support and protection. Gender is neither definable nor defined in law, so including it here could undermine the single use of the word “female” in the Bill, again given that it is women who are disproportionately affected by domestic abuse. Surely we should be concerned about whether the police take crimes of violence, abuse and sexual harassment against women seriously, not what they perceive the attitude of the perpetrator towards the idea of sex or gender to be. Sex is a protected characteristic and defined in law, and is adequate to cover the intention of the amendment if it goes forward.

The Law Commission is developing a proposal on reforming hate crimes legislation and has consulted on it. It has an open question on whether include sex or gender in future, and that section alone runs to 43 pages out of a 544-page document. I understand that it received a great number of responses but, again, it will not be reporting any time soon, so it is important that we do not prejudge that outcome. It is also notable that the Law Commission’s proposal draws on the Office for National Statistics in setting out what it means by sex and gender. After the ruling announced this morning from the High Court, it may need to go back to the drawing board. My noble friend Lord Pannick, who is unable to be in his place today, has stated that he thinks it would be very unwise to legislate on this sensitive issue until we see the Law Commission consultation.

Scotland recently removed the word “gender” from a Bill on forensic medical services for victims of sexual offences to ensure that if a woman asks to be examined by a female doctor, there is no confusion or negotiation about what that means. I would also be really interested in the opinion of the domestic abuse commissioner on this amendment, particularly on the addition of the word “gender”.

My worry is that including gender and sex as a caveat to the word “female” in the guidance would prevent domestic violence services being clear about sex. Women who have been victims of domestic abuse need to be able to access female-only services if they choose and, again, all victims of domestic abuse need to be able to access services that offer support and protection. We must take misogyny and violence against women seriously, not just seek to be seen to do something when the issue is in the headlines. It happens every single day.

The Government have just reopened the consultation on their violence against women and girls strategy. Surely that is the right place to be dealing with this complex issue, rather than via this last-minute amendment and its additional wording.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am pleased to speak in support of Amendment 87B, moved by my noble friend Lady Kennedy of Cradley and supported by the noble Lords, Lord Russell of Liverpool and Lord Young of Cookham. My noble friend gave the House some harrowing facts and figures today. They were shocking and, for me, illustrate why the Government need to act. This is not a time to hide away; it is the time to step up, and my noble friend’s amendment does just that.

The noble Lord, Lord Russell of Liverpool, led the debate on misogyny in Committee. We have spent considerable time during the Bill talking about violence, and violence directed towards women. As the noble Lord told us, this hostility against women generates a culture in which violence and abuse are tolerated, excused and repeated. Understanding how that interplays with domestic abuse is important; I agree entirely with the noble Lord’s comments and analysis there.

We need a culture change, from one where violence and abuse can be excused, tolerated and repeated to one where it is entirely unacceptable and not tolerated. To bring about that culture change, however, we need evidence, and that is what the amendment is all about. All through the passage of the Bill in your Lordships’ House, we have heard appalling examples of violence and tragic outcomes, in which often women victims of violence have been killed. In the examples given to this House there is a common factor of repeated reports being made to the police and other authorities but little or no action being taken until, tragically, it is often too late.

Several police forces have started to record misogyny as a hate crime, and that is enabling valuable data to be collected. The amendment from my noble friend Lady Kennedy of Cradley would move us further forward and require all police forces to record this information and access how it influences the incidence of domestic abuse. That would add to our understanding and help the Government in their difficult task of addressing this truly terrible situation. Sadly, that has been brought sharply into focus by the murder of Sarah Everard and the events on Clapham Common last weekend.

I am also clear that both men and women may experience incidents of violence and abuse. Nothing that I have said previously detracts from that, and we have all been moved by the contributions of the noble Lord, Lord Paddick, in previous debates. I agree with many of his points today, but possibly not with his conclusion. I think the amendment is a step forward, and this is an issue on which many of us agree. The noble Lord knows that I like and respect him very much, but I believe that women are more likely to experience repeated and severe abuse, including sexual abuse. I remind him of the dreadful fact that my noble friend Lady Royall of Blaisdon told the House: 30 women were killed by their partner or ex-partner between Second Reading of the Bill and Committee on Monday night, and she read out the names of those women to the House.

I too pay tribute to Sue Fish, the retired chief constable of Nottinghamshire, for the work that she and all the officers and staff of Nottinghamshire Police have done in this area since 2016. It has become the first police force to enable women and girls to report cases of abuse and harassment as misogyny. As my noble friend Lady Kennedy of Cradley said, thanks to the work taking place there, women in Nottinghamshire have been coming forward and reporting crimes. The noble Lord, Lord Russell, reminded us in Committee that to recognise misogyny as a category of hate crime would not make anything illegal that was not already illegal; instead, the amendment would enable a better understanding of the forms of violence and abuse that women experience by ensuring that they are all recorded effectively.

I am aware of the Law Commission’s review that is presently under way. I believe that the amendment would help it with that review, even just for a few months before it reports, and would further supplement the Government’s work in looking at the review and give them valuable data to enable them to respond positively. I am also aware of the interim report from the Law Commission and its views on sex and gender.

I concur with the comments of the noble Lord, Lord Young of Cookham. I believe that the intent behind this amendment will assist the Government in dealing with the appalling events that have been brought more sharply into focus not only last weekend but also during the discussions on this Bill.

The contribution of the noble Baroness, Lady Fox of Buckley, was interesting, although it is not one that had much in it that I can agree with. For me, this is not an issue of free speech; it is an issue of dealing with the most appalling violence against women and girls and how we can deal with that effectively. I support my noble friend Lady Kennedy of Cradley, and the Labour Benches will support her if she decides to divide the House. However, I hope that the noble Baroness, Lady Williams of Trafford, will respond positively and thus make a vote unnecessary.

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[Lord Paddick (LD) [V]]

My Lords, this amendment seeks to ensure that guidance includes information on the link between domestic abuse and speech, language and communication needs, the impact of witnessing domestic abuse on children’s speech, language and communication, and the services available to support victims of domestic abuse with speech, language and communication needs.

The noble Lord, Lord Ramsbotham, has been unwavering in bringing these important issues before the House. In answer to the noble Lord’s amendment in Committee, the Minister spoke about the extensive engagement undertaken on the statutory guidance, including a specific working group focusing on disability, including learning disabilities. While that is welcome, I did not hear any commitment to address the specific issues raised in this amendment—in particular how, when children witness domestic abuse, it can lead to communication difficulties and the support required by those with speech, language and communication needs to help them to express the impact that domestic abuse has had on them. Can the Minister address those concerns? We support the amendment.

[Lord Kennedy of Southwark (Lab Co-op)]

The speech, language and communication needs of victims of domestic abuse have to be properly addressed. I pay tribute to the noble Lord, Lord Ramsbotham, for bringing this issue to the Floor of the House, as he did in Committee. He is absolutely right to do so.

The noble Lord’s amendment is important. If we are to have effective domestic abuse support for disabled people, it must be barrier-free and truly accessible. As the noble Lord told us, the ability to communicate is a vital skill. Those with communication difficulties are particularly vulnerable, which is why we need to ensure that local authorities, the police and all other agencies are able to address and ensure that they have provisions in place to make sure that people can make their points effectively and be understood, having their concerns met and needs addressed.

Today and in our previous debate, my noble friend Lady Andrews made the case for providing that extra support and ensuring that it is properly addressed in the guidance. I endorse my noble friend’s call for the guidance to be explicit, and I hope that the Minister can be absolutely explicit on that. The noble Lord, Lord Shinkwin, drew our attention to the needs of disabled people, which can be multiple and complex, and how effective communication plays such an important part, including the ability to communicate to public authorities. As the noble Lord said, just think if we could not communicate—how could we get anything done? It is not right that a victim of abuse is not listened to or heard.

My noble friend Lord Mann made very important points from his experience as a Member of Parliament for Bassetlaw of failings of schools and the social services in north Notts. I am sure that those failures are going to take place all over the country, and that is just one example. That is why we need to ensure that those issues are addressed. My noble friend Lady Whitaker drew attention to the particular risk that children find themselves in.

I hope that the Minister can address those issues; I am sure that he will be very aware of the potential of a vote on this amendment. He will not want to tempt the noble Lord to do that.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I pay tribute to all noble Lords who have spoken in this short but powerful debate. As the noble Lord, Lord Ramsbotham, said in opening it, noble Lords bring a wealth of experience to the scrutiny of Bills and, in a short number of contributions, they have done that tonight—whether it is the noble Lord himself through his work as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, the noble Baroness, Lady Finlay of Llandaff, in her role as chairman of the National Mental Capacity Forum or my noble friend Lord Shinkwin and the noble Baroness, Lady Whitaker, who speak from first-hand experience. Then there is the noble Lord, Lord Mann, with his constituency experience, and others. The noble Baroness, Lady Whitaker, reminded us that she speaks as a stammerer, just like the new President of the United States of America—and, as it is his birthday today, like my uncle, who is also a stammerer. I hope that people watching this debate will be inspired by their examples as well as by the content of what they have said.

As noble Lords have all rightly said, people with speech, language and communication needs can be especially at risk of harm and, of course, domestic abuse, as well as facing additional barriers in accessing services. As we said in Committee, we know that this is not a niche issue, nor should it be treated as such, especially in the context of domestic abuse, so we are grateful for the opportunity to continue the debate today.

In July 2020, the Government published the draft statutory guidance that will accompany the Bill, which made specific reference to special educational needs and disabilities. The Government have engaged widely on this already, including through a specific working group focusing on disability, deafness, and learning disabilities. I am pleased to say that, thanks to that engagement and the further engagement that we have had, including that which the noble Baroness, Lady Finlay, has had directly with officials involved in drafting, we will revise the guidance to make further express reference to speech, language and communication needs, in relation to not just those with special educational needs but the links between domestic abuse and those with communication needs, specifically children and young people. I am pleased to say that we will cover the points on which noble Lords have rightly pressed me again this evening.

We recognise the impact that domestic abuse can have on the development of children’s speech and communication. We know that children can express themselves in a variety of ways, and it is important, as noble Lords have said, that we are all mindful of that —especially in the context of domestic abuse. For instance, children may display behaviour that might seem aggressive to mainstream professionals when, really, their communication needs are not being tailored appropriately. We are very clear that it is important that we give children and young people the right support as and when they need it because of their vulnerabilities. That is why the guidance issued under Clause 73 includes specific sections on children and how best to support what we know can be their unique needs.

We know that domestic abuse has a devastating impact on all its victims, and that recognising the needs of individual victims is essential, which is why the statutory guidance goes into this particular detail. The guidance also details how perpetrators can exploit these communication needs and requirements. Whether it is through a perpetrator insisting that they are the only person to interpret, preventing access to an external interpreter or removing the victim’s hearing aids, these are horrific tactics, which we know are used to perpetuate abuse, and they will be covered in the guidance.

The Government continue to prioritise improving speech and language outcomes, based on early identification and targeted support. I have previously referred to Public Health England’s excellent guidance, drafted in conjunction with the Department for Education. The guidance outlines the system-wide approach for commissioning early years support on speech, language and communication services. Additionally, speech, language and communication services for children and young people are covered by joint commissioning arrangements set out in the special educational needs and disabilities code of practice. Education, health services, local authorities and youth offending teams can come together to assess needs and agree a local offer. Joint commissioning gives agencies the opportunity to consider the wider factors and interdependencies, such as domestic abuse, and design services accordingly.

In conclusion, we recognise that speech, language and communication needs are extremely important, which is why they will be expressly covered in guidance. There is a wealth of guidance already available, and we intend to augment this with the statutory guidance to be issued under Clause 73. That guidance will be subject to formal consultation following Royal Assent, and I shall ensure that the all-party group which the noble Lord jointly chairs has an opportunity to take part in that process. The forthcoming domestic abuse strategy will afford a further opportunity for us to ensure that we are adopting a whole-system approach when tackling this crime and these unique needs.

I hope that in the light of my reassurances and with my renewed thanks for his and other noble Lords’ engagement on this important issue, the noble Lord will be content to withdraw his amendment.