Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

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

[Lord McColl of Dulwich (Con) [V]]

My Lords, one of the important ways in which this Bill was enhanced in another place was through the removal of the “rough sex” defence. In successfully making the arguments for this change, Members in the other place cited evidence submitted by Louise Perry of the campaign group We Can’t Consent to This. Ms Perry said:

“We can’t really ignore the porn factor … It’s there at a click of a button and can be accessed at such a young age. And the algorithms push you into a rabbit hole of more and more extreme stuff.”


At that time, I was heartened by the fact that, in addition to removing the “rough sex” defence, the Government would soon be making a key investment to combat domestic violence in the future by delivering on the 2015 Conservative manifesto commitment to

“stop children’s exposure to harmful sexualised content online, by requiring age verification for access to all sites containing pornographic material”

through the online harms Bill.

The negative impacts of exposure to pornography on child development are extensive. In February 2016, the DCMS stated in its important document Child Safety Online:

“Pornography has never been more easily accessible online, and material that would previously have been considered extreme has become part of mainstream online pornography. When young people access this material it risks normalising behaviour that might be harmful to their future emotional and psychological development.”


I quite agree. One of the very negative impacts of exposing children to pornography is the impact it inevitably has in normalising rough sex in their thinking, and in the development of their expectations.

In addition to helping parents protect their children from the wider harms associated with exposure to pornography, the Government’s commitment also provided a key way of helping to prevent the normalisation of rough sex in the thinking and expectations of the next generation. I was therefore very disturbed when the Government announced last month that the online harms Bill will not meet its manifesto commitment and will, instead, only seek to protect children from user-generated pornography.

As the online harms Bill will plainly not be delivering on the earlier manifesto commitment, the obvious way forward would be for the Government to now implement Part 3 of the Digital Economy Act to give effect to the world-leading legislation that your Lordships’ House has already passed to protect children from accessing pornography and, therein, the normalisation of rough sex on pornographic websites. This House has already passed that legislation; now we just need the Government to implement it.

[The Deputy Speaker (Lord Lexden) (Con)]

The noble Lord, Lord Ramsbotham, has withdrawn, so I call the noble Baroness, Lady Kennedy of The Shaws.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

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

I very much hope that the Government will announce today that they will implement Part 3 of the Digital Economy Act as an interim measure, at least between now and when the online harms Bill is ready. If the Government are not willing to do that, I am sure that the noble Baroness, Lady Benjamin, will bring her amendment back on Report. I hope it will be possible for the noble Baroness, Lady Williams, to find some accommodation between now and then.

[Lord McColl of Dulwich (Con) [V]]

My Lords, I am pleased to speak in support of Amendment 177A, to which I have added my name. I very much echo what has been said about Clause 65 and the acknowledgment that sexual violence is an important part of domestic violence. Like the noble Baroness, Lady Benjamin, I do not believe that it is sufficient to seek to deal with the consequences of rough sex after it has happened. It seems to me that any credible domestic abuse Bill must seek to prevent domestic violence, as well as dealing with its consequences. As the evidence marshalled for Amendment 65 made very plain, there is a connection between watching depictions of rough sex practices in pornography and the incidence of such practices.

In my judgment, one of the most important ways in which this matter was first drawn to the attention of Parliament was through the seminal 2018 Women and Equalities Committee report on sexual harassment. The report stated:

“We asked Dr Maddy Coy whether there is a link between men viewing pornography and the likelihood of them sexually harassing women and girls. Dr Coy told us: ‘There is a meta-analysis of research that shows that. It was pornography consumption associated with higher levels of attitudes that support violence, which includes things like acceptance of violence, rape myth acceptance and sexual harassment”.


Moreover, one of the report’s conclusions was that:

“There are examples of lawful behaviours which the Government recognises as harmful, such as smoking, which are addressed through public health campaigns and huge investment designed to reduce and prevent those harms. The Government should take a similar, evidence-based approach to addressing the harms of pornography.”


In their response, the Government stated:

“We have already begun work to identify whether links exist between consuming pornography and attitudes to women and girls, and harmful behaviours. Through qualitative research with frontline providers and a review of the existing evidence base, we aim to build our understanding of relationships between pornography use and harmful attitudes and behaviours.”


As noble Lords have noted, the fruit of that research has been a long time coming. Given its huge relevance to the debate on this Bill, I find the way that it has been released—for all the reasons expressed by the noble Baroness, Lady Benjamin, and the noble Lord, Lord Alton—deeply unfortunate.

The research consists of two papers in response to the Women and Equalities Committee’s sexual harassment report. One is the literature review and the other consists of interviews with front-line workers who are working with individuals who either have exhibited harmful sexual behaviours towards women or are at risk of doing so, aged 16 to over 60. The literature review makes some important statements regarding the content of the Bill. It states that

“pornography use has been associated with an increased likelihood of committing both verbal and physical acts of sexual aggression. With the correlation being significantly stronger for verbal rather than physical aggression, but both were evident. The use of violent pornography produced a stronger correlation.”

The report concludes that

“there is substantial evidence of an association between the use of pornography and harmful sexual attitudes and behaviours towards women.”

It is clear that a relationship exists, and that is especially true for the use of violent pornography.

The second report, based on interviews with front-line workers, states:

“The majority of Frontline workers spontaneously mentioned pornography as an influential factor for harmful sexual behaviours towards women and girls”,


and that:

“This was especially the case for participants working with younger audiences … The view that pornography played a role in their clients’ harmful attitudes and/or behaviours was undisputed.”


Front-line workers recognise that there are a variety of factors contributing to violent behaviours, in relation to which pornography was felt to be a key contributing factor for many clients.

The second report also states:

“Participants believed that increased ease of access to pornography, lots of which includes violence towards women, was problematic for many of their clients … there was a widespread belief in the need to address the role that pornography plays, as part of the approach to minimising harmful sexual behaviours towards women.”


The front-line workers also reported on harmful sexual attitudes and behaviours that they had observed, including physical aggression during sex such as choking, slapping and hair pulling—that is, rough sex. This research is hugely important. It raises major questions about pornography consumption in the round, quite apart from by children and young people.

If we return to the proposed recommendation of the Women and Equalities Committee’s report—namely, that the Government should consider approaching pornography, as they do smoking, from a public health perspective—it is now plain that the new research completely validates that approach. In recognising that, we must acknowledge that the imperative for that is greatly compounded by the fact that the public health risks arising from pornography consumption are not limited to violent behaviours.

There is also the completely separate additional public health argument about taking action because of the problems raised by pornography addiction, which are similar in many ways to those caused by gambling addiction. The Government recognise that while for many gambling is not linked to harm, for some it has a very destructive effect through gambling addiction. This creates what is in a very real sense a form of social environmental pollution, where government pressure the polluter to pay. The gambling industry is asked to make a significant financial contribution to try to help people suffering from gambling addiction.

Given the social carnage left in the wake of pornography addiction, the polluter in this case should also be required to pay, yet the polluter in this instance is not so compelled. This is particularly odd when one has regard to the fact that whereas gambling facilitates gambling addiction, where the gambler damages his life and that of his family around him, pornography not only leads to these problems through addiction but is implicated, as we have seen, in actions taken by some consumers of pornography where they inflict violent acts on other people. In this context, it seems that there is a strong case for tough legislation on online pornography generally.

However, what is incontrovertible is that any further delay in protecting under-18s from accessing this material on pornographic websites, including depictions of rough-sex practices that normalise in their eyes violence as part of sexual relationships, is absolutely indefensible. It amounts to a perverse investment in the lives of the next generation that will make them think that an important aspect of domestic violence that the Bill is seeking to combat—sexual violence—is normal and appropriate.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am sorry to interrupt my noble friend, but I would point out that all the speakers in this group so far have spoken for considerably over 10 minutes. Noble Lords would appreciate brevity, so that they can all have an opportunity to take part.

[Lord McColl of Dulwich (Con) [V]]

[Inaudible]—rough sex and domestic violence and implement Part 3 as quickly as possible.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

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

[The Deputy Speaker (Lord Haskel) (Lab)]

The noble Baroness, Lady Eaton, has withdrawn, so I call the noble Lord, Lord McColl.

[Lord McColl of Dulwich (Con) [V]]

My Lords, I will speak to Amendments 7, 8, 9, 78 and 90, which I support. Naming babies and the unborn in the Bill should lead parents to get the help that they need at a crucial time; otherwise they are in danger of remaining invisible when it comes to public policy. In the lockdown, as has been said, the hidden harms experienced by those under two years were sadly extensive. It should be stated that the definition of children does not recognise the unborn as victims. The amendment to Clause 3 is necessary to have in the Bill that a victim of domestic abuse includes a child who experiences the effects of the abuse, including in utero exposure, as there is good evidence for this latter harm, as the noble Baroness, Lady Stroud, mentioned. The amendment to Clause 7 is important to stipulate comprehensively the duties of the commissioner to avoid any doubt whatever. The new clause after Clause 72 is required to ensure provision for all expectant parents and parents of children under two years where those children are victims of domestic abuse.

[Baroness Watkins of Tavistock (CB) [V]]

My Lords, I thank the noble Baroness, Lady Stroud, for leading on these amendments, with the aim of highlighting the impact of domestic abuse on babies, including exposure in utero, and to meet the needs of babies and parents in the first 1,001 days before babies reach the age of two. We know that domestic abuse often starts or escalates during or soon after pregnancy and that it is correlated with other risk factors for babies and their families. Domestic abuse during pregnancy is associated with poor obstetric outcomes and is a strong risk factor for ante-natal and post-natal depression. We now know that a mother’s emotional state can have a direct influence on foetal development. I remember being shocked the first time that I saw the brain scans of such children, only visible to us as researchers in the last 20 years. The ongoing stress of domestic abuse can disrupt babies’ neurodevelopment, which in turn can adversely affect behaviours and emotional outcomes.

My noble friend Lady Finlay has outlined the issues relating to alcohol and domestic abuse so ably that I will not repeat her arguments, but I declare my support for her analysis. Early intervention is crucial for babies born into such circumstances, to support and work with families to break traumatic development cycles. The Institute of Health Visiting is strongly supportive of these amendments, to safeguard against, prevent and address the traumatic impact of domestic abuse on babies.

My noble friend Lord Bird often reminds us that investment of the public pound early in any abused child’s development is a far better investment than significant input in later life. These amendments are designed to address what has been described as the “baby blind spot”. I urge the Minister to seriously consider these amendments and support their incorporation into the Bill. They are designed to safeguard the early development of all babies and to provide therapeutic intervention to empower parents who have experienced abuse themselves to break the cycles of domestic abuse, surely something that we would all support.

Domestic Abuse Bill

Lord McColl of Dulwich Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

My Lords, I have received requests to ask a short question from the noble Lord, Lord McColl of Dulwich, and the noble Lord, Lord Morrow. I call the noble Lord, Lord McColl of Dulwich, to ask a short question for elucidation.

[Lord McColl of Dulwich (Con) [V]]

The Minister has continued to suggest that it will take a long time to implement Part 3. Why would that be the case if the Government used the BBFC as the regulator, as everything is in order in that regard, save the need to formally redesignate it, which Section 17 of the Digital Economy Act defines as needing only 40 days?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I hope that my noble friend in her letter, and I in my contribution, explained the reasons why we think it would take so long, because it has been de-designated. As the noble Lord will know, work is already going on in relation to Ofcom in preparation for the online safety Bill which, for the reasons I have outlined, we think better addresses the concerns that he and other noble Lords have raised in this debate.