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.