Domestic Violence, Crime and Victims (Amendment) Bill

Lord Loomba Excerpts

Friday 27th January 2012 Lords Chamber

[Lord Loomba]

My Lords, I thank the noble Lord, Lord Laming, for initiating this debate. Domestic violence is an important issue which impacts on the lives of many families, including children. There is growing evidence that children who live in families where there is violence between parents can suffer serious long-term emotional, and lasting psychological, damage.

Let me first declare my interest as a vice-president of Barnardo’s, a leading charity in the UK which is working to address the problems of domestic violence and the effect that it has on the children in families. Barnardo’s aims to alleviate the long-term effects of domestic violence on children through counselling and family support services. Many mothers continue to provide love and stability for their children in very difficult circumstances and Barnardo’s tries to strengthen their ability to cope. Where a mother’s ability to look after her children has been undermined by the stress of living with fear, Barnardo’s tries to help her improve her confidence and self-esteem so that she can protect herself and her children from violence.

The violence between adults is often directly projected on to children. Many public inquiries into the deaths of children in recent years have shown that the men responsible for the death of children have a history of violence towards their female partners. In a liberal society equality should apply to all: legislation and practices should take into account the specific needs of all its citizens. UNICEF’s Convention on the Rights of the Child defines its mission as to protect children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. Yet how often does this convention take into account the difficulties that families face?

For example, one of the areas that is least understood is the role that alcohol plays in the family structure. A man does not necessarily have to go to a pub or a bar; he can drink to excess at home and the family will not wish to publicise it to the outside world. In many cases neither social services nor alcohol dependency groups understand what is happening in such families, or how to create awareness within isolated communities. On average, women contact 11 agencies before they receive the help they need. The number increases to 17 in cases of black and ethnic minority women.

Domestic violence has often been seen as a problem between adults; it was thought that as long as children were not in the same room and caught in the crossfire they would not be affected by violence between their parents. However, there is a growing understanding of the risks to children. We must accept that children’s lives can be damaged by domestic violence. It is also clear that children are not deceived by closed doors. They are extremely aware of tension in the adult world, particularly the tension that leads to violence. This exposure to extreme and continuous violence without intervention allows the child to accept it as part of their development, often resulting in their perpetrating such violence in adult life. Through violence in the home, children may suffer emotional and psychological damage. The very young may show physical signs of distress such as bedwetting, stomachaches and disturbed sleep. Older children can become withdrawn or exhibit extreme behaviour such as misusing alcohol or drugs. Social workers need to be more aware of these inherent problems and what they can do to help.

Poverty often leads to domestic violence. People seek asylum in civilised countries because of the level of violence they face in their own countries. Forced marriage, as mentioned earlier, is another form of domestic violence, as the woman does not give consent to the marriage and the decision is made by family members, most likely for immigration purposes. Her body is violated against her will, which one can say is tantamount to rape. A message must be conveyed that forced marriages must never be tolerated, and stern action must be taken against those who perpetrate them.

I shall now refer to Clause 5. The ambiguity surrounding this part of the Bill needs to be promptly addressed, and I hope that this Second Reading will end the doubt surrounding the Bill. The noble Lord, Lord Laming, mentioned the case of Baby P. That case was shrouded in doubt as both defendants were passing the blame and the judge could not confirm which party was to blame. This seems not only flawed but quite simply a juvenile act which makes a mockery of the judicial system. Although resolution was eventually found and both the mother and her partner were sentenced, one must see that had the child not died, Clause 5 would have been negated, and there is a chance that no conviction would have been found.

Murder and manslaughter are dealt with in sentencing, yet if a child is seriously harmed, left with broken bones and multiple wounds, Clause 5 will not be applicable. This clause desperately needs to be extended to include serious physical harm, as there are far too many cases when no conviction of parent or carer is found because of each passing the blame and the fact that the child is alive, even if it is in a vegetative state. Many more convictions and much more resolution will be found by the expansion of the Bill to include the term “serious harm”.

Significant reductions in the vital help and support available to women and children at risk will put additional pressures on the services that survive. The impact of reduced specialist domestic violence services as well as cuts to other services, such as police, risks an increase in deaths or serious harm caused by domestic violence. We cannot afford to take that risk. I urge the Minister to examine these cuts, because when you assist a woman you are actually helping the entire family. Today’s debate indicates how important it is to focus not only on domestic violence but on its impact on the family and, more importantly, more generally. No civilised society or nation can live in peace if crimes are committed against women and children. We must set an example to the rest of the world in affirming that women are the cradle of civilisation and we will not be compromised by any legislation that treats them differently, particularly on issues of violence.