Domestic Abuse Bill

Lord Paddick Excerpts

Wednesday 21st April 2021 Lords Chamber

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

Does anyone else in the Chamber wish to speak? No? I call the next speaker on the list, the noble Lord, Lord Paddick.

[Lord Paddick (LD)]

My Lords, as the noble Baroness, Lady Helic, has said, with the best will in the world, much of the legislation that this House passes will be ineffective if judges do not understand the issues. Sadly, in some cases—albeit a limited number—it is clear that they do not understand the issues surrounding domestic abuse, in particular, coercive control, rape and sexual abuse, despite current training.

To the noble and learned Baroness, Lady Butler-Sloss, I would say that there is a difference between outputs and outcomes. I am not sure whether this is an appropriate analogy, but I know from my own experience of race relations training, for example, that the cultural shift needed is difficult to achieve. The proof of the pudding is in the eating and, at times, the training of the judiciary has failed the test. Despite the Minister’s assertion, I fail to understand how mandating such training without dictating the specific content can be contrary to the principle of judicial independence, as my noble friend Lord Marks of Henley-on-Thames has said.

However, we are grateful for the reassurances that the Government have given as a result of the concerted efforts by the noble Baroness, Lady Helic, and my noble friend Lord Marks of Henley-on-Thames.

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

My Lords, we on these Benches support the intention behind the noble Baroness’s amendment. The case for improved training is well made. The amendment’s wording does not dictate what the training should be but puts the requirement for it in the Bill. Around the House, I think that we can all agree on the need for updated, quality training and to ensure that it happens.

I have said many times that this is a good Bill and will be a good Act of Parliament, but it is important that everything is done to ensure that all aspects of the law are correct. That includes ensuring that our judges and magistrates are properly trained. We owe that to victims, because domestic abuse is something that we now talk about in the country and in the House. That was not the case many years ago and we should not just assume that judges and magistrates completely understand the issues. That is why it is important that we get the training right.

I accept entirely the point the noble Lord, Lord Wolfson, makes about judicial independence. I think we all support that, but there have been one or two occasions at the other end of the building when other parts of the Conservative Party were not so keen on judicial independence, when the judge made a decision that they did not like—we should get that on the record. It is not always the case that there is a great call of support for judicial independence, but I will leave the point there. I do not in any way bring the noble Lord into that; I have the highest respect for him.

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[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

I must ask at this point: does anyone in the Chamber wish to speak? No? In that case it is over to the noble Lord, Lord Paddick.

[Lord Paddick (LD)]

My Lords, it really is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb, for reasons that will become apparent, not least because we are three non-lawyers in a row.

On Report, the noble Lord, Lord Wolfson of Tredegar, wondered whether I was accusing the Government of being misogynistic, following on from what the noble Baroness has just said. I say very clearly that that is not what I said or intended to say. I shall clarify. The essence of misogyny, as I understand it, is hatred of women who fail to comply with the sexist stereotype of a compliant, subordinate woman—hatred of women who stand up for themselves. I am not accusing the Government of hating women, but in my opinion there are echoes of that view of women being subordinate in their approach to this issue.

As the noble Baroness, Lady Kennedy of The Shaws, has said, on the face of it the Government’s refusal to extend the so-called householder defence to victims of domestic abuse who use disproportionate force against their abusers in self-defence in the same way that a householder is allowed to use disproportionate force against an intruder appears to smack of the view that men should stand and fight but women should run away.

I do not intend to go over the arguments that I made at previous stages of the Bill; suffice it to say that I do not believe the Government’s arguments hold water. As a result, I am led to the conclusions that I have expressed. I would not be averse to the Government repealing the so-called householder defence, but I believe that to allow predominantly male householders to avail themselves of such a defence while not extending it to predominantly women victims of domestic abuse is inconsistent and incompatible.

While I agree with the noble Lord, Lord Randall of Uxbridge, about Lords Amendment 38, in my view the Government’s approach is again inconsistent. The law specifically provides a statutory defence to victims of modern slavery when those victims are compelled to commit an offence, even though there is an existing common-law defence of duress. When it comes to victims of domestic abuse who are compelled to commit an offence as a result of such abuse, the Government argue that the existing common-law defence of duress is sufficient. Either the existing common-law defence of duress is sufficient for both victims of domestic abuse and victims of modern slavery or it is not. In my view, the Government should not be able to have it both ways.

Clearly, these anomalies need to be addressed. Motion D1 provides for an independent review of defences for those who offend due to domestic abuse, which we support. The review of sentencing as suggested by the Government does not appear to us to go far enough.

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

My Lords, my noble friend Lady Kennedy of The Shaws set out in detail the case for her amendments in Committee and on Report, and it is disappointing that they have been rejected by the other place. In response, she has tabled Motion D1 in her name. As we have heard, she is seeking an independent review to look at the issues that we have been talking about throughout our consideration of these matters. I think that is the right way forward.

I am conscious that the noble Lord, Lord Wolfson of Tredegar, is resisting the new Motion from my noble friend, but she made the point, as have others, that if the Government are resisting the issues raised in the amendment, he ought to address the question of whether they could be looked at by the review of sentencing—or is that a step too far for the Government?

There is a huge issue here. I recall the debates that we had when my noble friend and others presented harrowing cases. There is a real point here: if there is an intruder in someone’s house then, as the noble Lord, Lord Paddick, said, often a male can defend himself there and has a defence, but a woman attacked by her partner in her own home, which should be a place of safety, cannot rely on such a defence. That cannot be right.

The Bill is seeking to address the whole issue of domestic abuse in all its various facets. It is a good Bill, but it would be an even better one if we could make sure that all the gaps were plugged here. The fact is that women in their own homes, their place of safety, can often find themselves in very dangerous situations. If they have to defend themselves and end up injuring or killing their partner, we should understand that and ensure that they have the proper defences to take account of the difficult situation that they have found themselves in, often over many years. After all, these things escalate; they do not happen overnight.

My noble friend has identified an important point here, and I hope that when the Minister responds he can address it. We need to find a way to look at the issues that my noble friend raised in the review of sentencing, as he referred to in his earlier remarks.

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[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Does anyone else in the Chamber wish to speak at this point? No? I therefore call the noble Lord, Lord Paddick.

[Lord Paddick (LD)]

My Lords, the Commons reason for disagreeing with Lords Amendment 40 relies on a government review of a report by Her Majesty’s Inspectorate of Constabulary. In light of the two recent reports by Her Majesty’s Inspectorate of Constabulary on the policing of protests, I now have serious concerns about HMIC’s political independence. As a result, any Commons disagreement based on a government review of immigration control, let alone one based on an HMIC report, provides me with no reassurance whatever.

Motion E1 would ensure that the personal details of victims and witnesses of domestic abuse were not used for immigration control purposes. Victims of rape or sexual assault, as well as victims of domestic abuse, who have gone to the police have been deported as a result of coming forward as vulnerable victims of serious crime. Perpetrators of rape, sexual assault and domestic violence threaten victims that, if they go to the police, they will be deported.

Can the Government help with what I understand to be their position on how the sharing of information between police and immigration enforcement can benefit victims of domestic abuse? Is it their position that were a victim to be subject to coercive control on the basis of their immigration status, sharing information with immigration enforcement could establish that the victim’s immigration status was in fact compliant, removing the mechanism of coercive control? If that is the Government’s argument, how is that sharing of personal information without consent compliant with GDPR? It is outside the exemption provided by paragraph 4 of Schedule 2 to the Data Protection Act 2018, which provides an exemption only for the maintenance of effective immigration control, or the investigation or detection of activities that would undermine the maintenance of effective immigration control.

As the noble and learned Baroness, Lady Butler-Sloss, has just said, it matters not what a victim’s immigration status is, if the victim fears that the consequences of reporting a crime of which they are the victim or witness might be their deportation. As the right reverend Prelate the Bishop of London has said, there is one other question for the Government: what is more important, ending violence against women, girls and other vulnerable victims of serious crime, or immigration control? If the Government oppose Motion E1, they are sending a very clear message that they care more about immigration control than protecting vulnerable victims of crime. We on these Benches will always put ending violence against women, girls and other vulnerable victims first, by voting with the noble Baroness, Lady Meacher, if she divides the House. The noble Baroness has taken full account of the concerns of the other place and there appears to us to be no reason not to support her alternative amendments.

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

My Lords, I make it clear at the outset that if the noble Baroness, Lady Meacher, divides the House then the Opposition Benches will strongly support her. This amendment would provide for the circumstances where victims’ data cannot be shared for immigration purposes if they come forward to report abuse. However, and importantly, it provides that, for this section to come into force, there must be a vote in both Houses to approve it, after either the Government have published their review and Parliament has debated it, or after 1 July if the Government have regrettably not lived up to their word and published their review by then. This amendment rightly and democratically gives Parliament the ability to hold the Government to account on taking action after they publish their review. It is needed to allow victims to feel able to report abuse without fear, so that dangerous perpetrators are reported and stopped.

One of the consequences of putting immigration control above the safety of victims is that perpetrators can commit these crimes with impunity—a risk not only for survivors but for wider communities. Better trust in the police to protect victims of abuse and investigate crime for migrant women will improve responses for all survivors, and indeed the public.

This revised amendment is a thoroughly reasonable backstop. It gives the Government the time they have asked for to publish their review, but it gives Parliament the power, and indeed the responsibility, to hold the Government to account and to demand action on this issue if there is no subsequent implementation. I wholly recommend the amendment to the Minister and to the Government.

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble and learned Baroness, Lady Butler-Sloss, has withdrawn. I have no notification of unlisted speakers, but does anyone in the Chamber wish to speak? No. In that case, I call the noble Lord, Lord Paddick.

[Lord Paddick (LD)]

My Lords, I start by joining other noble Lords in paying tribute to my noble friend Lady Hamwee, who has been a passionate campaigner on these issues. I was going to say that she had stepped down from the Front Bench, but she has stepped up to bigger and better things in the House, and I personally will miss her greatly.

Lords Amendment 41 would have provided a route for victims of domestic abuse who are subject to immigration control to be given the opportunity to apply for leave to remain—not given leave to remain but given the opportunity to apply—by allowing them to stay in the UK pending the outcome of their application and to be supported financially during this time. Many of these victims are reliant on their abusive partner for support, making escape from domestic abuse almost impossible. Initially, the Government said the reason they objected was that they thought people might falsely claim to be victims of domestic abuse in order to seek leave to remain in the UK. Again, we have to ask: what is more important, protecting vulnerable victims of domestic abuse or immigration control? The Commons reason is simply

“Because the Amendment would involve a charge on public funds”.


The right reverend Prelate the Bishop of Gloucester has presented an alternative amendment, a very modest amendment, that seeks to address all the concerns the Government have previously expressed. There is a £1.5 million 12-month pilot supporting such victims of domestic abuse, and the amendment simply ensures that, during the pilot period, victims are not turned down because of a lack of funds. It then sets a timetable for the introduction of a permanent solution once the results of the pilot have been evaluated. The amendment comprehensively sets out the evidence necessary to show that someone is a genuine victim of domestic abuse. This alternative amendment is the very least the Government should do for these particularly vulnerable victims of domestic abuse, and we would support the right reverend Prelate were she to divide the House.

Lords Amendment 43 would have ensured that all victims of domestic abuse received equal protection and support irrespective of their status, including their immigration status. The Commons reason for disagreeing was that it would

“involve a charge on public funds”.

Indeed it might—but it would also have been a significant step towards the UK finally being able to ratify the Istanbul convention. The noble Baroness, Lady Helic, has proposed an alternative amendment that would at least ensure that local authorities consider the needs of all victims, including migrant women, when they make strategic decisions about tackling domestic abuse. This cannot be the landmark Bill the Government intend it to be unless it puts the final pieces into place to enable the UK to ratify the Istanbul convention. I recall an expression my mother was fond of: “Don’t spoil the ship for a ha’porth of tar.”

I was hoping that this Bill could be, like the Modern Slavery Act, a magnificent piece of legislation of which all sides of the House could be justifiably proud. We have already vastly improved the Bill in this House; it would be a shame if we now left it less than watertight.

[Lord Rosser (Lab) [V]]

As we have heard, Lords Amendments 41 and 43 were both disagreed by the Commons because they would involve a charge on public funds. The Commons did not offer any further reason. The right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Helic, have now tabled Amendments F1 and F2. The amendment from the noble Baroness, Lady Helic, provides that local authorities “must have regard” to Article 4(3) of the Istanbul convention when they are preparing their strategy for accommodation-based services under the Bill. Article 4(3) of the convention provides that protection for victims must be secured without discrimination based on any ground such as race, religion or migrant status. We support the aim of this amendment, which also serves to remind the Government of their commitment to ratify the vital Istanbul convention, for which they have not yet set a timeframe. Perhaps we will hear something definite on this point in the Government’s response to this amendment.