Domestic Abuse Bill

Lord Moylan Excerpts

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

[Lord Moylan (Con)]

My Lords, the intention behind this Bill is wholly welcome. As my noble friend the Minister said in her opening remarks, domestic abuse is the most awful of crimes. It is right that the Government should bring forward measures that will not only curb it but, one hopes, eliminate it in the course of time or as a rapidly as possible.

In the mid-1990s, I had some responsibility in my local authority area for a small, government-funded programme to address domestic abuse locally. Despite the early efforts of my noble friend Lord Young of Cookham, which he referred to earlier, those were still pioneering days. Indeed, in large parts of the country, the provision of refuges for women fleeing domestic violence was wholly inadequate—and still is, in some cases. Happily, by then, one thing had developed quite well: the police were already taking a much fresher approach to domestic violence in being willing to look at it as the serious crime that it genuinely is, as opposed to earlier attitudes that regarded it to some extent as an internal family matter unless it was pushed too far. We made progress, which was good. It is encouraging that attitudes have developed and changed so much since that time that now it is accepted, as it should be, that this is wholly unacceptable behaviour. That is why this Bill deserves considerable scrutiny in your Lordships’ House: it is a Bill of considerable importance.

I want briefly to mention three areas that have been partly touched on but by only one or two noble Lords. First, there is the question of the definition. The definition of domestic abuse is so much wider than that of domestic violence, which was the focus 25 years ago and was a physically identifiable activity. As the noble Lord, Lord Farmer, said, the definition of domestic abuse in this Bill needs some exploration, some teasing out and some clarification that it will be wholly robust in its application.

The second is that the Bill contemplates the further extension of the imposition of criminal sanctions for breach of an administrative order. I was delighted to hear the Minister say in her opening remarks that the domestic abuse protection orders to be introduced by the Bill will be trialled locally before being rolled out nationally. It is important that we are sure that they are both workable and just.

The third thing to mention is that, in all this, we have to maintain our high standards of justice in both the criminal and civil systems. We have to ensure that even alleged perpetrators are given the proper rights that they are due when charges are brought against them. We should never allow the important and proper focus on the victim, which has rightly dominated this debate so far, to be interpreted as a failure to give the full rights to the alleged offender or perpetrator to which they are entitled. That is all irrespective of sex. I hope that these issues, in addition to points raised by many other noble Lords, can be explored to some extent when the Bill proceeds to Committee.

Domestic Abuse Bill

Lord Moylan Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

The five amendments in the group all cover the same issue: gittin—the plural of get—for Jewish women. I hope that when the Minister replies, he will say that there is hope that we will make progress on the amendments by Report. They are worthy amendments, and I trust that the Government will help the Jewish women who are, in the main, affected by these restrictions.

[Lord Moylan (Con)]

My Lords, I rise with some trepidation—and, I hope, an appropriate degree of sensitivity—to make some brief comments on a subject on which I have no great expertise. I am grateful to my noble friend Lord Wolfson of Tredegar, the Minister, for the time he gave me to discuss this topic last week.

The stories recounted by noble Lords can inspire only sympathy for the women caught in this terrible trap; that is completely understandable. However, I have a concern and a question. Although it has been stated several times that the amendments relate only to Jewish marriage and can have no consequences for other belief systems I am concerned that, without some additional wording, the general principle underlying them—that one has an obligation to collaborate in a divorce—might leak out into other systems. such as those in which one spouse may have a conscientious objection to the principle of divorce. I am thinking principally of Roman Catholics, but also of other denominations. If it were to be taken, either by analogy or by legal persuasion, that that principle made it a criminal offence not to collaborate in or expedite a divorce to which one party had a conscientious objection, that would be a matter that needed careful consideration.

Although I have every sympathy with the amendments, I believe that they need additional wording and protection, at the very minimum, to ensure that the consequences I have hinted at are not brought about in legal reality. I very much wish to hear what my noble friend the Minister and my noble friend Lady Altmann, who moved the amendment, have to say about that, so that we can be confident that the measures are as precisely focused as she intends.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I draw attention to my interests as noted in the register. We very much want the Bill to recognise the realities of abuse that different communities face, and to make sure that it will work in practice for victims of all backgrounds, religions, disabilities and so forth. We hope that the Minister will work with the Peers raising issues and look into their concerns.

I pay tribute to the noble Lords who tabled the amendments for the very experienced and knowledgeable way in which they have highlighted this matter, to ensure that the rights of Jewish women to end their religious marriages and secure a get are included as part of the statutory definition of domestic abuse. This would be on the grounds of domestic abuse by way of controlling and coercive behaviour and psychological abuse, and of economic abuse where that is a factor.

As the noble Baroness, Lady Altmann, said in her detailed opening speech, the amendment is intended to help women who are unable to leave a failed marriage, and is specific only to Jewish religious laws; there is no intention to undermine the Jewish courts. Including it in the Bill would provide the opportunity to ensure that its provisions and protections were applicable to all, and that it specifically recognised the plight of those women, removing the shadow of abuse and control, and restoring their right to exercise their faith through their ability to remarry and have children within their faith. That recognition would also offer them other protections under the Act, once the Bill is passed, if they were specifically included.

It is in line with a key objective of the Bill to raise awareness and understanding of domestic abuse and its impact on victims. Key is the ability of women to bring a case where they can retain control of the process as the victims, rather than as a witness in a prosecution having criminal sanctions as a civil party. Through tabling such an amendment, the issue can be usefully raised, and seeking legislative change could be ground-breaking for chained women.

This group highlights what so many noble Lords have been saying. The Bill must work for all victims, and to do this, it must grapple with the reality of how domestic abuse is experienced in all the different ways that it is by those living with it and those trying to escape it. I sincerely hope that the Minister can work with the noble Lords sponsoring this group of amendments to review this important issue and achieve a positive resolution.