Domestic Abuse Bill

Lord Young of Cookham Excerpts

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

[Lord Young of Cookham (Con)]

My Lords, this Bill is an important milestone in Parliament’s response to domestic abuse. I invite your Lordships to step back 46 years to 11 February 1975, at the beginning of that journey. On that date, the other place

“Ordered, ‘That a Select Committee be appointed to consider the extent, nature and causes of the problems of families where there is violence between the partners … and to make recommendations.’” —[Official Report, Commons, 11/2/1975; col. 336.]


Most of the 13 members of that committee are understandably no longer with us, but two are now safely ensconced in your Lordships’ House and appeared on the Order Paper as Mrs Ann Taylor and Sir George Young.

In those days, there were no Select Committees as we now know them, taking evidence from Ministers. Our committee was technically a sub-committee of the Public Accounts Committee, and we broke fresh ground in summoning Ministers. This led our chairman, Willie Hamilton, to say:

“There was some indication of irritation by some Ministers that they had to be bothered to come before a Select Committee of proletariat Back Bench Members of Parliament. There was one occasion when a Minister—I shall not mention her name—came before us dressed up for a social function and felt that she had to be away quickly because she had to go to some function at Lancaster House.”—[Official Report, Commons, 16/6/1978; col. 1408.]


More worrying was the attitude of the Home Office Minister responsible at the time. Willie Hamilton went on:

“I refer, first, to what my hon. Friend said in reply to Question No 1688: ‘I am very sceptical about whether this Committee, with all its wisdom, is going to be able to produce, after all this time, any new remedy.’”


It got worse.

“In his next answer, he said: ‘I am not sure there is anything this Committee or the Government can do about it. There is a solution; the solution is husbands ought to treat their wives better.’”


If that sounds like an old-fashioned Tory, I can tell you that it was a Labour Minister. His comment was rightly dismissed by our chairman:

“It is a pious hope that the problem will go away and leave Ministers to sleep peacefully on their portfolios.”—[Official Report, Commons, 16/6/1978; col. 1410.]


Paragraph 5 of our report reflected this attitude by the then Government:

“We have been disappointed and alarmed by the ignorance and apparent apathy of some Government Departments and individual Ministers towards the extent of marital violence. Hardly any worthwhile research into either causes or remedies has been financed by the Government.”


Since then, I am happy to say that all Governments have been more appreciative of the work of Select Committees, and Ministers’ comments on the issues have been more sensitively expressed, as we heard from my noble friend’s welcome introduction.

Undeterred by this lack of ministerial enthusiasm, we persevered with our task. We visited the world’s first domestic violence shelter in Chiswick, run by the formidable Erin Pizzey. We took evidence from victims and produced our report, commending a number of new remedies and 28 recommendations—doubtless to the irritation of the then Minister. Many of them have subsequently been implemented; one, a statutory duty on local authorities to provide support, was fulfilled nearly half a century later, albeit narrowly defined.

One example of the many changes over 40 years has been the language used. Our report was entitled Battered Wives, as victims were referred to in those days, even though not all the victims were women, and of those who were, many were not wives. Nor did the emphasis on physical abuse do justice to the impact of coercive behaviour. The Bill before us puts that right, emphasising that domestic abuse is not just physical violence but can be emotional, coercive or controlling, and economic abuse.

In what remains of my four minutes, it is impossible to describe the real progress that has been made since that report, thanks to voluntary organisations such as Women’s Aid, which has campaigned tirelessly, and thanks to measures introduced by successive Governments. But the problem is still with us, and this Bill is a welcome progressive piece of social reform. It is capable of improvement, and I support suggestions such as those made by Crisis to improve access to housing. In the meantime, I welcome the Bill and believe that the time the noble Baroness, Lady Taylor of Bolton, and I spent back in 1975 producing our report was time well spent.

Domestic Abuse Bill

Lord Young of Cookham Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I added my name to Amendment 89 to indicate broad, cross-party support for this group, which seeks to ensure that the Government’s statutory duty works effectively for this invaluable network of refuge services.

I welcome Part 4, which we have now moved on to, which is only four pages but a key part of this progressive piece of legislation that is going to drive up standards of provision for this vital service. Can I add a brief footnote to the speeches made by the noble Lords, Lord Rosser and Lord Woolley? Like them, I am grateful to Women’s Aid for its input into this group.

The key criticism we have heard so far has been that the Bill does not define either relevant accommodation or domestic abuse support. Looking at the Bill, “relevant accommodation” is going to be

“specified by the Secretary of State in regulations.”

For domestic abuse support, the definition is rather circular:

“‘domestic abuse support’ means support, in relation to domestic abuse”.

The thrust of these amendments is to try and focus on exactly what sort of accommodation and services should be provided under Part 4. Without this clarity, there is a risk that councils will fund generic, and sometimes inappropriate, accommodation-based services. As we have just heard, these do not have the expertise necessary to provide the comprehensive range of services needed for families escaping domestic abuse. That is why proposed new paragraphs (e) and (f) in Amendment 89 refer to “refuge services” rather than just refuges.

There is concern that, as currently drafted—in addition to the risks mentioned by the noble Lord, Lord Rosser —the Bill could lead to unsafe forms of accommodation that are not designed to meet survivors’ needs being funded under the duty. The Women’s Aid movement has seen landlords using the exempt provisions of housing benefit to access higher rent levels, and providing accommodation which is frankly unsafe. The amendments seek to provide a tighter definition of relevant accommodation to reduce the risk of abuse.

The definition should clarify that a refuge address should never be publicly available or disclosed. That would resolve the challenges that one of the Women’s Aid members is currently facing, with High Court orders threatening to disclose the address of a refuge. Perhaps my noble friend could respond to that point.

Refuge services are developing into a national network of services, supporting survivors who often need to flee from their local area to be safe from an abuser. The data shows that over two-thirds of women resident in refuges are from a different local authority area. That leads to the point mentioned by the noble Lord, Lord Woolley, about national oversight. Without changes to the statutory duty to improve national oversight, we may be putting too much emphasis on local authorities to provide what should be an effective national service.

Domestic Abuse Bill

Lord Young of Cookham Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

While it is absolutely right to await the outcome of this review for the new legislation required to recognise misogyny within our criminal justice system as an aggravating factor, this amendment complements this work by gathering data about these crimes in a consistent fashion across England and Wales ahead of any legislative proposals. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, my normal reaction to an invitation from the noble Lord, Lord Russell, to sign an amendment on social reform is to reach for my pen, but on this occasion I confess I hesitated—not of course having heard the compelling and moving speech he has just made. This is because, while a member of the other place, I spent 30 days with the Hampshire Constabulary, and a constant complaint was about the number of forms they had to fill in, regarding it as an unwelcome diversion from the prevention and detection of crime.

Amendment 146 would require the chief officer to provide information, presumably on a form, about domestic abuse crimes where the offender demonstrated hostility or prejudice based on sex. A strong case needs to be made for this, to which I will come in a moment. In addition to the requirement to fill in a form, the amendment raises the question as to how a chief officer might judge whether a crime involving domestic abuse might have been motivated by hostility or prejudice based on sex—given that there are varying motives for domestic abuse, as we have heard during earlier debates on the Bill, and often no witnesses.

To get a better understanding of the complex issues behind domestic abuse and hate crime, I went to the Law Commission document referred to by the noble Lord, Lord Russell, called Hate Crime Laws: A Consultation Paper. This is not light reading, weighing in at 544 pages, with a glossary and a foreword but no executive summary. But it did look, as the noble Lord has just said, at broadening the range of hate crimes to other categories, of which sex was one.

The relevant chapter for this debate is chapter 12, which looks at extending existing protected characteristics to gender or sex. It is 48 pages of closely argued and sympathetic analysis, which ends with a provisional recommendation, followed by a question:

“We provisionally propose that gender and sex should be a protected characteristic for the purposes of hate crime law. Do consultees agree? We invite consultees’ views on whether gender-specific carve-outs for sexual offences, forced marriage, FGM and crimes committed in the domestic abuse context are needed, if gender or sex is protected for the purposes of hate crime law.”


I appreciate that, as the noble Lord has just said, the amendment does not propose extending hate crime to gender or sex. However, the issues raised by the amendment are similar to those in the Law Commission’s document and, as I shall argue, the amendment offers the opportunity to shed light on the provisional conclusions of the Law Commission, and indeed helps to answer their questions.

To summarise the document, the commission identified three relevant criteria before extending hate crime. The first is demonstrable need—evidence that targeting based on prejudice or hostility towards a group is prevalent. The second is additional harm—evidence that that targeting causes additional harm to the victim, members of the targeted group and society more widely. The third is suitability—whether protection of this group fits within the framework of criminal law, is workable in practice, and is an efficient use of resources.

Again, to summarise, the first two boxes were ticked. On demonstrable need, the commission concluded that there is

“overwhelming evidence that women and girls are targeted for certain crimes”

because of hostility to their gender. On additional harm, it concluded that hostility causes

“harm to the social value of equality and can prevent women’s equal participation in society”

and so causes wider harm to that society.

On suitability, the commission is frankly more cautious. It points to the risk of dividing offences into misogynistic and non-misogynistic, and creating a hierarchy of offences. It also mentions the difficulty of proof. Proof is often difficult enough in domestic abuse cases, but having to prove that the offence was aggravated by prejudice against women could provide an additional hurdle.

The commission also touched on issues relating to resources. Hate crime resources are limited, prosecutions and convictions are down and, as we have heard in earlier debates, support services are under strain. I quote from the Law Commission report:

“In this light, one argument might be that resources for tackling violence against women and girls would be more efficiently spent on increasing access to all survivors, particularly survivors who encounter additional barriers to access such as BAME survivors or migrant survivors.”


This then led the commission to discuss the possibility, if hate crimes were to be extended to gender or sex, of carving out domestic abuse and sexual crimes from gender-based aggravation, as already happens in certain states in America. It conceded that this would lead to a certain incoherence in the law and stated:

“This raises much wider questions as to whether hate crime is the right framework for the criminal justice system to deal with gender-based crimes.”


On balance, the commission proposes that gender should be a protected characteristic, but qualifies this by making it provisional and subject to consultees’ agreement.

Why is this relevant to the amendment, which I support? Because I believe that not going outright to make gender-based crime a hate crime, but suggesting this interim step, helps to answer the questions posed by the commission and provides key information on practicality and suitability. As the noble Lord has just said, the amendment would secure the evidence about the extent, nature and prevalence of hostility towards women and girls, how these interplay with the experience of domestic abuse and the practicality of this proposed extension.

A better understanding of these issues is crucial. As we have heard, 11 out of the 43 police constabularies in England and Wales have made misogyny a hate crime, trialled the policy or are actively considering implementing it and voluntarily filling in the necessary forms—dealing with my initial reservation. The amendment would broaden the base by requiring all police forces to do this and so it would add to our understanding of the nature of violence against women and so how work to end it might be accelerated. If we go down this path, I hope the Minister will do this sensitively and cautiously, taking on board the points in the Law Commission reports. If carried, the amendment would be an important addition to this progressive piece of legislation.

[Baroness Bull (CB)]

My Lords, I rise to speak in support of this amendment, and I thank the noble Lord, Lord Russell of Liverpool, for his comprehensive introduction. It may be hard for some people to fully comprehend the role that misogyny and sexism play in the lives of women and the extent to which it permeates our every day: from offhand pejorative language that belittles feminine characteristics and female achievements, through lazy gender-based assumptions about preferences, capability and behaviours, to uniquely gendered insults and slurs.

At one end of the spectrum are behaviours and attitudes that might be considered by their perpetrators to be gallant or even protective of the “fairer sex”—what some researchers characterise as “benevolent sexism”. At the other end is the hostile sexism of overtly negative stereotypes and antagonism towards women; the kind of sexism that sees gender equality as attack on masculinity and the kind of sexism that is known to represent a significant danger to women.

We worry, with good reason, about social media platforms creating environments for this kind of misogyny. Indeed, research from the University of Pennsylvania on just one social media platform located more than 2.9 million tweets in one week containing instances of gendered insults. That averages 419,000 sexist slurs per day. That data is from 2019; we can only imagine that today’s figures might dwarf that number.

But perhaps we should worry more about the fact that this online aggression simply mirrors traditional stereotypes and attitudes towards women—a hostility based on sex that women experience everywhere: at school, at work, on public transport, in taxis, on the street and of course at home.

Research from Brazil and Turkey into the connection between sexism and domestic abuse shows a positive correlation between sexism and attitudes that legitimise abuse in intimate relationships. Put simply, men who hold sexist beliefs are more likely to translate them into actions through the use of coercion and force. The researchers make the point that, although benevolent sexism might be thought to promise some kind of protection for women as the perceived weaker sex, in fact this promise rings hollow. It found that benevolent and hostile sexism acted in a carrot-and-stick combination, with protective affection a reward for compliance, and abuse and violence the stick employed should the woman fail to fall into line.

Of course, the impact of sexism and misogyny within the home is doubly worrying. Not only does it have a grave impact on the abused partner; it is also likely to be witnessed and internalised by children, influencing their behaviours and expectations in their adult lives.

The noble Lord, Lord Russell, talked about the lack of knowledge about the experience of victims—the wisdom from their perspectives. This lack of focus is evident in the literature. There is a significant gap in our knowledge about how women experience misogynistic hate crimes. A Swedish study from September 2020 aimed to fill that gap, drawing from a sample of 1,767 female students. It showed that women with experiences of misogynistic hate crimes are more likely to be subjected to sexual harassment and repeat victimisation. They consistently report higher levels of a fear of crime and higher rates of anxiety, depression and stress.

The research supports the thesis that misogynistic hate crime is what is often called a “message crime”. Its negative effect extends far beyond the direct victim, because the offences spread fear and insecurity within entire minority communities and contribute to the marginalisation of particularly vulnerable groups.

As we have heard, this amendment would lead to the gathering of more data about the extent, nature and prevalence of sex-based hostility towards women and girls, and this would improve our understanding of how this intersects with domestic abuse. The very act of collecting this data would likely have benefits in itself.

As the noble Lord, Lord Young of Cookham, said and as we have heard, 11 out of 43 police constabularies in England and Wales already identify misogyny as a hate crime or are considering doing so. The increased rate of reporting in those areas suggests overall improvements in the ability of officers to identify these crimes but also increased confidence levels among women to come forward and report them. Requiring all police forces to follow their example would allow the capture of data on a national scale, supporting the gathering and analysis of evidence, revealing the patterns and extent of women’s experiences, and, ultimately, enabling the development of strategies that would protect women and girls from being targets of crime on the basis of their sex.

--- Later in debate ---

Moved by

[Lord Young of Cookham]

146A: Clause 71, page 55, line 15, after “abuse” insert “, or
(ii) resides or might reasonably be expected to reside with a person who falls within sub-paragraph (i) and is not the abuser”
Member’s explanatory statement
This amendment allows the applicant for homelessness assistance to be either the survivor or someone who resides with the survivor or might reasonably be expected to reside with the survivor. However, the applicant cannot be the abuser.

[Lord Young of Cookham (Con)]

My Lords, I am grateful to the noble Baronesses, Lady Finlay and Lady Hamwee, and my noble friend Lord Naseby for their support for Amendment 146A in my name.

I welcome Clause 71, which builds on the Homelessness Reduction Act 2017, piloted through the other place by Bob Blackman and through this House by the noble Lord, Lord Best, in providing a better deal for those confronted with being homeless. As the Explanatory Notes say, the clause gives those who are eligible and are homeless as a result of fleeing domestic abuse priority-need status for accommodation provided by the local authority. Crucially, it removes the need for the person who is homeless as a result of domestic abuse from having to fulfil the vulnerability test of the 1996 Housing Act.

This change is needed because of examples such as that of Danielle, who was made homeless when her relationship ended, after a neighbour called the police following a two-day beating. Despite visible bruising and a letter from her partner admitting abuse, she was told by the council that she needed to provide further evidence of her vulnerability and that she was not a priority. She ended up homeless, sofa surfing for two years. Hopefully, the clause will mean that there are no more cases like Danielle’s.

Access to suitable housing is often the critical barrier to survivors fleeing domestic abuse. Inexcusably, some victims are forced to choose between returning to live with a perpetrator—a dangerous or potentially life-endangering situation—or facing homelessness because they cannot access housing. That is why I, along with many of my parliamentary colleagues and organisations across the domestic abuse and homelessness sectors, including Crisis, Women’s Aid, Refuge, St Mungo’s and many others, supported the “A Safe Home” campaign of the All-Party Parliamentary Group for Ending Homelessness, which urged the Government to extend automatic priority-need status for housing to survivors of domestic abuse through an amendment to this Bill. In May 2020, the Government listened to the expertise derived from the work of the group and amended the Bill, which I welcome.

However, the detail of that amendment as currently drafted concerns those same organisations, as the Government’s amendment on priority need fails to entirely protect survivors of domestic abuse. Critically, as it stands, the Bill does not give a legal assurance to allow anyone else in the household to apply for homelessness assistance on a victim’s behalf. This is only stated in guidance, which falls short of a legal guarantee and means that some victims are likely to fall through the gaps between the different practices of different local authorities. Although the circumstances may be rare in which this additional provision is necessary, they can occur. For example, an adult child living with the abused and the abuser may be able to help the victim by filling out the forms and formally making the application, particularly where the victim does not speak English or has difficulty with form filling. This situation could occur in a multigenerational household, perhaps in a BAME community.

It is clear from front-line services supporting survivors that it is not always safe for survivors of abuse to make the application for homelessness assistance themselves. This could be, for example, because it too dangerous for them to leave their home until they know that they have somewhere safe to flee to. It might also be the case that they are unable to attend in person because they are receiving hospital treatment as a result of the abuse that they have experienced.

Furthermore, this is not the case in other areas of homelessness legislation. For example, Part VII of the Housing Act 1996 allows for another member of a household to make the application for housing assistance, such as when a woman is pregnant or when an individual is vulnerable through old age or physical disability. The Government have argued that the requirement for survivors to personally make an application is to stop further abuse from a perpetrator. However, experts in the domestic abuse and homelessness sectors firmly disagree. In response to a possible objection, I understand that there is no known case where the individual for whom the application has been made has come forward to say that they did not support it.

I support the call of the All-Party Parliamentary Group for Ending Homelessness, which is also supported by Women’s Aid, for survivors in England to have the same support and legal protections as survivors throughout the rest of the UK and for the Government to address this anomaly or gap in the Bill. This change would not result in additional significant burdens on local authorities but would have a significant impact on survivors of domestic abuse, giving them an absolute, clear and guaranteed right to housing when they need it most. Given that we know that survivors are most at risk of homicide when they flee a perpetrator, it is vital that the Government look again at priority need and provide vulnerable survivors with a legal assurance of a clear, safe route out of abusive and life-threatening situations. This change will provide a vital safeguarding mechanism and a powerful lifeline for those in need. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is always a great pleasure to follow my noble friend Lord Young of Cookham, whose amendment I support. I will speak to my Amendment 147—I am grateful to the noble Lord, Lord Kennedy of Southwark, for adding his name to it. I also thank Women’s Aid for pointing out the problem that I aim to solve with this amendment.

Women and men experiencing domestic abuse face long-term and often lifelong risks from the perpetrator. Domestic abuse does not end when a relationship ends and research has consistently found that women are at significantly high risk when leaving the relationship. Often a woman can access safety only when she moves far away from the perpetrator. However, in recent years, Women’s Aid has seen a worrying trend in local authorities introducing “local connection” rules to tenders, with local refuges being capped on the number of non-local women whom they are able to accept. The very existence of refuges depends on these services’ ability to accept women from out of the area, as women will often need to flee from their local area to be safe. Data from Women’s Aid’s annual survey in 2017 shows that over two-thirds of women in a refuge on one day crossed local authority boundaries to access it. Women often cannot access a refuge in their local area due to the severe and ongoing risks faced from a perpetrator.

Women fleeing to a refuge rely on these services being able to accept them and their children from outside their local area, with no “local connection”. Government guidance makes it clear that locality caps and restrictions should not be written into tenders or contracts relating to domestic abuse and violence against women and girls. However, this guidance is not consistently applied across England, leading to something of a postcode lottery of access to refuges and a major risk to the safe operation of this national network of services.

Similarly, there are real concerns about the inconsistencies between local authorities across England in meeting their obligations to house those from another area fleeing domestic abuse. I agree with Women’s Aid and many other NGOs that the ban on “local connection” rules and residency requirements must extend to wider homelessness duties and housing allocations, to ensure that all survivors can access safe housing.

Homelessness teams refusing to support women who are escaping abuse because they are not from their local area must also be included. Nearly a fifth of women supported by Women’s Aid’s No Woman Turned Away project in 2016-17 were prevented from making a valid homeless application on the grounds of domestic abuse for reasons that included having no local connection to the area, with local housing teams deprioritising survivors who do not have a local connection within their housing allocation policy.

Guidance from the Ministry of Housing, Communities and Local Government currently encourages

“all local authorities to exempt from their residency requirements those who are living in a refuge or other form of safe temporary accommodation in their district having escaped domestic abuse in another local authority area.”

However, this is not a requirement and does not apply to women who have not escaped into a refuge or other form of temporary accommodation. Local authorities often use blanket residency tests in allocation schemes, without accounting for exceptional circumstances, such as for a woman fleeing domestic abuse.

The Government already require local authorities to make exemptions from local connection requirements or residency tests for certain groups, including for members of the Armed Forces and those seeking to move for work. My Amendment 147 would include a specific bar on local authorities from imposing local connection restrictions on survivors of domestic abuse when accessing refuges and, importantly, longer-term housing. This is needed to sit alongside the government department’s proposed statutory duty on local authorities to fund support in refuges and other forms of safe accommodation. This will ensure that all women and children fleeing domestic abuse can access safe accommodation where and when they need to.

Women’s Aid has given me a real example that highlights the urgency and importance of why this amendment is needed:

“A has experienced domestic abuse for the last 10 years from two partners as well as witnessing domestic abuse perpetrated by her father against her mother growing up. She has been diagnosed with depression, anxiety and PTSD. After fleeing her abusive partner with three children, she moved into a refuge in a London borough to be near her mother, who was her main source of support. She was only able to find a refuge in a different borough to her mother, and after six months she was required to leave that refuge. She presented to the borough her mother lives in, but she was informed she was not entitled to be housed there as she did not have a local connection. The local authority stated she had a local connection to the borough she had been living in for six months. This is despite her being a survivor of domestic abuse, having no option other than to live in the first borough where a refuge space was available at the time of fleeing and the fact that she felt at risk from the perpetrator’s extended networks there.


The borough her mother lived in then housed A and her three children, who were all under 14, in one room in mixed-sex temporary accommodation. This was extremely distressing for her. She describes feeling retraumatised from the experience of being forced to live alongside men she did not know. She also felt scared for her children, who did not feel safe in the mixed-sex hostel. The room was highly unsuitable as the entire family lived in it and were required to cook in it, which is of course unsafe for a toddler. Another child had ADHD, so A struggled to provide them with any quiet time and appropriate support. This experience also exacerbated her PTSD, depression and anxiety, and she reported feeling low and stressed regularly due to feeling unsafe in the accommodation. She is now having to live there indefinitely while the boroughs have been assigned an arbiter to decide who has a duty.”


I would also like this to apply to victims of modern-day slavery who can equally fall foul of this problem, as I, as a deputy chairman of the Human Trafficking Foundation, am only too aware. While I am aware that this Bill deals only with domestic abuse, I would ask my noble friend to look into this, whether people are the victims of domestic abuse or, indeed, of modern slavery. I ask that this should be done because housing has to be looked at seriously as a way of addressing the abuse that these victims suffer.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

Clearly, this Bill does not extend to the jurisdiction in Scotland, but I absolutely understand the point that the noble Lord is making. I will write to him with any updates on that because, of course, a woman should not be prohibited or stopped from receiving support just because she has crossed a border. I will write to him further on that and I thank him for raising the issue.

[Lord Young of Cookham (Con)]

My Lords, I am grateful to all of those who took part in this debate and particularly to the Minister for her reply, which I will come to in a moment. The initial speech was made by my noble friend Lord Randall, who made a forceful speech about the importance of flexibility on local connection. He referred to the postcode lottery due to the different local authorities interpreting the guidance in different ways. In a sense, his plea was the same as mine, namely that it is not enough to leave this to guidance; one wants a legal assurance on the face of the Bill. My noble friend, and others who supported Amendment 147, will want to reflect on the Minister’s reply to that section of the debate.

The noble Baroness, Lady Finlay, reminded us that in Wales the amendment is, in effect, already in place, and that there has been no abuse of it. The noble Baroness, Lady Hamwee, put our debate in a slightly broader context, and reminded us of the need for move-on accommodation in order to free up capacity in the refuges, and she is absolutely right. I was grateful to the noble Lord, Lord Kennedy, for Front-Bench support for the amendments and I am sorry that he was not quick enough off the mark to add his name to my amendment. I was grateful to the noble Baroness, Lady Bull, who rightly pointed out that the application for housing, if it is known to come from the survivor, can be a trigger point in a relationship and provoke a violent reaction. This is why it is important that somebody, who she referred to as an ally, should be able to make the application on behalf of the victim to avoid exactly that risk. My noble friend Lord Cormack said that, unlike the previous amendment that was a probing amendment, these amendments meant business. The noble Baroness, Lady Armstrong, was too modest to say that she spoke with the authority of a former Housing Minister, which of course adds weight to the representations that she has made. I am grateful to the noble Baroness, Lady Burt, for Front-Bench support from the Liberal Democrats. She used the opportunity to trail an important amendment later on, which puts the emphasis on the perpetrator moving out of the building rather than the victim.

The Minister, my noble friend Lady Williams, is of course a former Minister at the Department for Communities and Local Government as it then was, and so she will have a first-hand knowledge of the issues that we discuss. I am sure that she remembers the passage of the Housing and Planning Act 2016, if not always with happy memories.

I was grateful to my noble friend for saying she entirely shared the objectives of those behind the amendments. She made two points in rebuttal. She referred to the Housing Act 1996, requiring that the accommodation should be suitable for the whole household; however, the whole household may not want to move—it may just be the victim. She did not quite address the point that in Wales and Scotland they have already resolved the issues she described and enabled an application to be made, as I understand it, on behalf of the primary victim.

I very much hope there can be a way through. My noble friend said the guidance says that the initial approach can already be made with consent by a third party. If the initial approach can be made with the consent of the victim, it is not absolutely clear why the substantive approach could not also be made. While I am happy to withdraw the amendment, I very much hope we can have some discussions to see whether we can give the assurance that I think the whole House wants and avoid the issues my noble friend raised in her response. In the mean time, I repeat my thanks to those who have contributed and beg leave to withdraw my amendment.

Amendment 146A withdrawn.

Domestic Abuse Bill

Lord Young of Cookham Excerpts

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

[Baroness Burt of Solihull (LD) [V]]

My Lords, I am exceedingly grateful to the noble Lords, Lord Young of Cookham and Lord Kennedy of Southwark, and the noble Baroness, Lady Deech, for supporting this amendment and making it cross-party. There are few things in the unjust world of domestic abuse that make me more angry than a perpetrator driving the victim and their children out of the family home. This amendment seeks to address this injustice for joint tenancies in a secure or assured tenancy, where the landlord is a local authority or a private registered social landlord—I would make it wider if it were possible under the law as it stands.

As things stand, it is very difficult and costly for a victim in a jointly tenanted home to get the tenancy transferred to them if the perpetrator does not agree. For the purposes of simplicity, I am going to use the pronoun “he” for the perpetrator and “she” for the victim, but of course there are circumstances where it is the other way round. They could also be a same-sex couple.

Until the perpetrator’s name can be removed from the tenancy agreement, the victim will never achieve the security she needs. She cannot change the locks or restrict his access. She can seek a temporary court order to remove him from the property but when that expires, he has the right to return. The perpetrator can give notice to end the tenancy without the survivor’s consent or even knowledge, even though he no longer resides there. Unless he signs away his interest in the tenancy, her only recourse as things stand is to embark on costly court proceedings, which are complex and tortuous. Social housing providers, much as they might wish, have no legal mechanism to evict perpetrators and support survivors to stay in the tenancy. A number of creative methods have been tried, but these use legal mechanisms for which they were not designed.

For all those reasons, all too often the victim ends up fleeing the family home, leaving the perpetrator ensconced while she ends up homeless, often in a refuge with no resources to enable her to start again except emergency assistance from the state. It makes my blood boil even thinking about it.

This new clause aims to resolve the problem, at least as far as secured and assured social tenancies are concerned. Three family law and housing experts, Giles Peaker, Justin Bates and Jenny Beck, developed the solution which I am proud to lay before the Committee today. It provides a simplified mechanism for transferring a joint tenancy into the hands of the victim as a sole tenancy. It utilises other mechanisms in the Bill, domestic abuse protection orders and notices, as well as existing mechanisms such as restraining orders, occupation orders and non-molestation orders, which can remove the perpetrator from the home temporarily. The breathing space created when the perpetrator is out of the home can be used to transfer the tenancy permanently to the victim, so when the order expires, he is no longer legally able to return.

Subsection (4) of the proposed new clause describes the conditions under which a domestic abuse transfer of tenancy order can be granted by the court. The new sole tenant must be able to afford the rent or have expectations of being able to do so in a reasonable amount of time. The court must make the order if the perpetrator is subsequently convicted of domestic abuse. It may make an order if a domestic abuse protection order or notice, injunction or restraining order has been issued. Even if none of these conditions applies, or the victim has already fled the property, the court may still make the order. If the perpetrator does not object to the order the court must make the order. If he objects, the onus is on him to make the case that there are exceptional circumstances why he should stay.

That is the gist of it. No doubt other noble Lords will have points to make which are more learned and informed than someone with no legal training like me, but I must say that it looks to me like an elegant and equitable solution. No doubt the Minister may have some legal reservations, but all I ask at this stage is for him to take it away, think about it and come back at Report—with, I hope, an even more elegant solution of the Government’s making. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, I have added my name to the amendment, which now has support from all four corners of the House. I add a brief footnote to the compelling case just made by the noble Baroness, Lady Burt. This is a rather modest amendment, as it covers only the transfer of a tenancy where the victim is a joint tenant. A more radical but perfectly defensible amendment would have proposed the transfer of the tenancy where the perpetrator was the sole tenant and the victim was living lawfully in the property as a spouse or partner, but not as a joint tenant. I should have been happy to sponsor such an amendment—with adequate safeguards, of course.

Once again, we find that Scotland has stolen a march on England with its amendment to its domestic abuse Bill. That amendment enables either the social landlord or the survivor/tenant to do just what I have said: to seek a transfer of tenancy through a court order. It can transfer a sole tenancy in the perpetrator’s name into a sole tenancy in the survivor’s name. Our amendment is more modest and proposes that the survivor can apply for a transfer of tenancy through the county court only if it is a joint secured or assured social tenancy, shared with the perpetrator. Of course, in those circumstances, the tenant is already known to and approved by the landlord.

The amendment is one of the domestic abuse commissioner’s top recommendations. At a round table last month with the Chartered Institute of Housing, Shelter, the National Housing Federation and the National Federation of ALMOs, there was unanimous support for this initiative. Since the A New Deal for Renting consultation in 2019, the organisation Standing Together Against Domestic Abuse, to which I am grateful for its briefing, has regularly met the department about joint tenancies and discussed the amendment. The organisation has sought to address the concerns expressed in the letter that the Minister, my noble friend Lady Williams, sent to us, which stated that

“there are good practical and principled reasons for the rules which seek to balance the rights and interests of each tenant and the landlord.”

I shall quickly go through those rights and interests. Those of the social landlord would be basically unchanged because the nature of the tenancy agreement would stay the same. The rights of the tenant-survivor would also stay the same by their retaining the right to continue to live safely in their home. The rights of the perpetrator would, of course, be affected, and I agree that we should be cautious about making anyone homeless. However, in the circumstances to which the Bill applies, we have to strike a balance. If the perpetrator leaves, he may indeed face homelessness, probably as a single person. But if he does not, the innocent party and any children would also face either homelessness or continuing harm by staying put.

The amendment provides that where there is such a dispute and this balance has to be struck, the matter should be resolved by the county courts, which would hear both sides of the case before reaching a judgment. If a perpetrator loses but remains in the property, the normal eviction process would take place. However, in many cases, he may already have left due to a domestic abuse protection order, a restraining order or an occupation order, or he may have done so voluntarily. Under the amendment, the courts would have to define affordability, but this is something they already do, and it would be based on the survivor’s income and access to benefits to cover the rent.

There are further injustices in the present position, which were touched on by the noble Baroness, Lady Burt. At the moment, the perpetrator can leave the property and then unilaterally end the joint tenancy. That cannot be right. He can stop the survivor accessing housing benefit because his income is taken into account, but he will not be paying. As we have heard, the survivor cannot change the locks without the perpetrator’s consent. Without the amendment, if the perpetrator does not leave, the survivor has to resort to costly legal proceedings. That cannot be right, either, because it can take up to two years to complete the process and, depending on legal aid, can cost up to £10,000.

I therefore hope, as the noble Baroness, Lady Burt, has just said, that the Minister will listen sympathetically to the case made this afternoon and indicate that there is some flexibility in the position that the Government have adopted so far.

Domestic Abuse Bill

Lord Young of Cookham Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Warwick of Undercliffe, who added powerful examples to the already clear and strong examples from the noble Baroness, Lady Deech, and the noble Lord, Lord Randall, as to why we should agree both these amendments. I will not detain the House for long, but I want to strongly express the Green group’s support for these two amendments.

The logical way to take them is in the opposite order to that in which they are numbered. Amendment 87C, in the name of the noble Baroness, Lady Deech, and with strong cross-party support, expresses the ideal situation which, we have been told, is already being created in Scotland, with even stronger support for victims of domestic abuse. It is for people to stay in their own homes and communities and, very often, for children to stay in the schools that they are used to, with their friends. This is obviously the right thing to do to support victims of domestic abuse and to ensure that abusers do not profit from the situation, as they are often left with the home, tenancy, control and their place in the community.

Amendment 66B, moved by the noble Lord, Lord Randall of Uxbridge, acknowledges that that is simply not always possible. Victims of domestic abuse, having fled to refuges, may have started to establish themselves in a new place, possibly on the other side of the country, and have started to make friends, and children have become used to schools. The amendments make an excellent package—in this case, the grouping works—to provide a bit more wraparound and support for the victims of domestic abuse, for whom we are all spending so many hours in your Lordships’ House trying to make this the best Bill it can be. These two amendments, or something very like them, are needed to make this the Bill that it should be, so I commend them to your Lordships’ House.

[Lord Young of Cookham (Con)]

My Lords, I begin by commending my noble friend Lord Randall for the case he made for Amendment 66B. I look forward to the Minister’s reply on that. The case for Amendment 87C was capably made in Committee by a number of noble Lords and reinforced today by the noble Baronesses, Lady Deech, Lady Warwick and Lady Bennett. I will not repeat it, except to gently remind the Minister that in Scotland they have gone further than our modest amendment in giving security to victims of domestic abuse, even when they are not a joint tenant.

I want to focus on what has happened since Committee, and begin by thanking my noble friend Lord Parkinson for his patient and sympathetic approach in seeking to find a way forward. In his wind-up speech in Committee, he recognised that our amendment would simplify the current complex and uncertain legal mechanism available to victims, and would prevent perpetrators from exerting control over a victim. That was enormously helpful.

In our letter dated 15 February, we sought to address the concerns that he expressed on five separate issues. In particular, we amended the section on responsibility for arrears to clarify that the perpetrator remains liable for arrears before the joint tenancy is terminated. Then we added subsection (11) to the new clause proposed by the amendment, to give the Government time to assess progress in Scotland. We had a meeting with my noble friend earlier this month, for which again I am grateful, and he replied to our letter last week, in which he repeated his sympathy for the motives behind the amendment.

So where do we go from here? If there are defects in our drafting, we know that the Bill will go back to the other place, so there will be an opportunity for the Government to tidy it up. My preferred solution would be for the Government to accept the amendment, tidy it up in the other place and implement it as soon as it is successfully rolled out in Scotland.

I would understand the disappointment if the Government were to resist but, if they do, with some reluctance I would consider the more cautious approach suggested in my noble friend’s letter and referred to by the noble Baroness, Lady Deech, in her opening speech—namely consultation. I am not entirely convinced that this is necessary but, subject to some strict conditions—an early start date, a reasonable but not protracted time for consultation and a decision by the Government by the autumn—the proposition is worth reflecting on. The option would be even more attractive if there was also a commitment to include the necessary measures in the first relevant piece of legislation, be it on rights for renters or leasehold reform, both of which are likely to feature in the next Session. I will listen with more than usual attention to my noble friend’s response at the end of this debate, before deciding how best to proceed.

[Baroness Burt of Solihull (LD)]

My Lords, first, I am happy to add my support to Amendment 66B in this group, from the noble Lord, Lord Randall. I am somewhat mystified as to why it was not included with Amendment 66A, to which I also added my name but was not present in the House at the beginning of the debate to speak to it. I take this opportunity to apologise to the noble Lord and the House for this confusion on my part. I hope that the Minister will enlighten the House as to why Amendments 66A and 66B were not dealt with together.

Just as Amendment 66A concerned hard-pressed authorities using their local connection rules to deny refuge places to victims and their families fleeing to another area, Amendment 66B deals with another criterion, “qualified persons” who want more permanent accommodation in their new area. Guidance is not a requirement and guidance is not enough. The case study given by the noble Lord, Lord Randall, speaks more eloquently than anything I could say in cogently making this point.

I have also added my name to Amendment 87C on joint tenancies. The noble Baroness, Lady Deech, explained the amendment well, including the human rights implications. I start by expressing my gratitude to the Minister for the lengths that he and his team have gone to in investigating the practicalities of this amendment. I have no doubt of his sympathy for what it seeks to achieve.

The supporters of the amendment, assisted by Women’s Aid lawyers, have further amended our amendments proposed in Committee, in accordance with the points that the Minister made to us subsequently, including liability for debt if the perpetrator is removed from the tenancy, the interests of third parties and the interests and rights of the perpetrator.

In subsequent discussions with us, the Minister said that the Government would like time to assess how the implementation of a plan in Scotland similar to that which we propose will fare. But there are three issues with this. First, the changes in Scotland are not the same; they are much wider ranging than our comparatively modest proposal, so they will not be comparing the same thing. Secondly, property law is different in Scotland, so that will have to be factored in. Thirdly, it could take years before the implementation of the Scottish version is fully assessed. If it is or is not successful, how much will that tell us, given the differences that I outlined in the first and second points? We could potentially lose a huge amount of time for very little gain, given the prospect of a suitable Bill coming as a vehicle to implement it.

More promisingly, the Minister has offered a public consultation to help resolve some of the technical issues that he has raised in meetings and correspondence with us. This would bring interested parties from all sides of the argument to contribute and work together to find a solution fair to all. I am attracted to this idea, because I acknowledge that we are treading in quite a legally complex area, which incorporates several different aspects of the law. He tells us, in his most recent letter, when the consultation will start—this summer—but not when it will end, and he has not indicated any further steps to be taken and when they might take place.

Having been a Member of your Lordships’ House and the other place for over 15 years now, I have watched many times in frustration as consultations drag on for years, eventually for so long that the proposals under question can be forgotten and quietly dropped. So, if this kind offer of consultation is accepted, we would need some assurances on time. For example, an assurance that the Government would strive to have proposals in place in time for the next piece of appropriate legislation—say, for example, the renters Bill. The noble Baroness, Lady Warwick, reinforced the important role that housing associations and social landlords can play. Could the Minister give the House this assurance today?

Domestic Abuse Bill

Lord Young of Cookham Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Baroness Kennedy of Cradley (Non-Afl)]

My Lords, as is customary, I make it clear at the start of this debate that I may wish to test the opinion of the House on my amendment, though I say to the Government that if, after reflecting on the debate today and in Committee, they are willing to engage constructively with the issue of data collection and the intention behind this amendment, of course I will withdraw it.

In the last two weeks, women and men across the country have come forward to demand action. In sadness and in anger, there is solidarity. The question before us now is whether we will heed their call for change. Will we take a decision that will help ensure that all women, everywhere, can enjoy the same freedoms as men when it comes to being able to go where we want and do what we want without fear?

Our hearts go out to the family of Sarah Everard. She walked down well-lit streets and she wore bright clothes, yet today we stand here knowing that she was not safe. Since Sarah’s tragic murder came to public attention, women everywhere have shared their stories of harassment, abuse and violence at home and on the streets, and their frustration that all too frequently these crimes are not treated with the seriousness they deserve. This amendment is about how we can change that and, in the process, ensure that every police force in England and Wales learns from the best practice in this area from across the country.

Violence against women and girls does not occur in a vacuum. Hostility towards women and girls generates a culture in which violence and abuse is tolerated, excused and repeated. Gathering evidence about the extent, nature and prevalence of hostility towards women and girls and how these interplay with the experience of domestic abuse is crucial to recognising these connections. Last week, UN Women released a report which found that, among women aged between 18 and 24, 97% said they had been sexually harassed, while 80% of women of all ages said they had experienced sexual harassment in public spaces. Critically, 96% of respondents said that they did not report these incidents, with 45% saying it was because it would not change anything. It is not hard to understand why they feel this way.

Rape convictions have been dropping since 2017, and fell to a record low this year: only 1.4% of cases reported resulted in a charge. At least 1,000 fewer men accused of rape are currently being prosecuted than two years ago. A recent report by the End Violence Against Women Coalition found that almost one in three women aged between 16 and 59 will experience domestic abuse in their lifetime. More than half a million women are raped or sexually assaulted each year. There are more than 135,000 women and girls affected by FGM living in England and Wales. During the first national lockdown, the National Domestic Abuse Helpline saw an 80% increase in calls, and Karma Nirvana, which supports victims of so-called honour-based abuse and forced marriage, reported a 162% average increase in its case load. We need to explicitly acknowledge this epidemic of violence against women and girls. To do that does not mean we are saying that men are not attacked or abused; it is to recognise that these crimes are disproportionately affecting women.

Some 92% of defendants in domestic abuse-related prosecutions last year were male and 77% of victims were female. When other groups in society are targeted for a fundamental element of their being—the colour of their skin, their religious identity or their sexuality—we rightly say that this should be recognised and addressed. Amendment 87B is about doing the same for sex and gender.

This approach, and treating misogyny as a hate crime, was piloted in Nottinghamshire in 2016, under the leadership of former Chief Constable Sue Fish, who explained:

“Making misogyny a hate crime was one of the simplest tasks I’ve ever done working in the police—and yet the results that we saw were incredible. Some of the feedback we had was that women, for the first time, described themselves as walking taller and with their ‘heads held high’.”


The Crime Survey for England and Wales shows that 36% of hate crime victims said they were “very much affected”, compared with 13% for all crime. The survey also found that gender was perceived to be the motivation for more than half of hate crimes reported by women.

So we women know that we are being targeted, but the police do not. Amendment 87B is about ensuring that all police forces do something which increases the confidence of victims to report crime and helps improve their detection. In areas where misogyny has been included in hate crime reporting, there has been an increase in reporting. As police get better at identifying the motivation behind crimes, women feel more confident in coming forward.

If there is so much to support, why would anyone oppose this? I will take each concern I have heard in turn. First, some will say we should wait for completion of the Law Commission review on hate crime. I welcome that review. It has been running for nearly three years and has called for misogyny to be included in our hate crime rubric; I hope to see its outcome realised in the sentencing Bill. However, we do not have to wait for this review to ask all police forces to follow best practice and start gathering data on where existing crimes are targeted at women. We can take this step now and start benefiting from it now.

Some will say that the police do not have the resources to do everything. One chief constable actually said, “I am questioning whether a criminal offence is the best way of dealing with what is essentially an issue about how we all treat each other.” The women in Nottinghamshire were not reporting men for not opening doors for them or calling them rude names. They were reporting incidents that are crimes—sexual assault, abuse and violence. These crimes need to be recorded so that they can be properly addressed.

In addition, 11 out of the 43 police constabularies in England and Wales are currently recording misogyny as a hate crime, have trialled the policy or are actively considering implementing it—North Yorkshire, Avon and Somerset, Devon and Cornwall, Gloucester and Northamptonshire are some of the forces already putting this into practice. This approach also has the support of the national policing adviser for hate crime and metro mayors Andy Burnham, Steve Rotheram, Sadiq Khan and Dan Jarvis, and many police and crime commissioners and multiple councils around the country are passing motions in support.

Some will query the wording of this amendment, which talks about recording crimes that are motivated by sex or gender; this is the wording used by the Law Commission. The issue here should not be whether someone was born a woman or becomes one, but identifying and stopping those who target women, full stop. Indeed, while trans identity is currently protected by hate crime, sex is not. Worded in this way, the amendment ensures that no one can avoid accountability for their behaviour through discriminating or further demeaning the victim.

Some will say, “What about misandry?” Whenever a crime is motivated by hate, it needs to be recorded. But, as we have seen from the data so far, the vast majority of victims coming forward are women. For example, in the first two years in Nottinghamshire, of the 265 misogyny hate crime victims who were recorded, 243 were female and six were male.

Finally, some will rightly worry about this being part of a Bill on domestic violence and the risk of creating a hierarchy of sexual violence or reducing sentences for such crimes. This amendment is not about the sentencing element of recognising misogyny as a hate crime; it is about the data required to identify crimes and the interconnections between violence against women in the home and in the community. It complements the Law Commission’s work but is not dependent on it. It would require the police to report on those connections, rather than denying them or missing them, to the detriment of our policing.

In closing, I acknowledge the wide breadth of support for this proposal and those who have campaigned for it for many years: Citizens UK, Stonewall, Refuge, the Fawcett Society, Tell MAMA, the Jo Cox Foundation, HOPE not hate, Plan UK, Our Streets Now, Centenary Action Group, UN Women UK, the Foundation for People with Learning Disabilities, JUNO Women’s Aid and Muslim Women’s Network UK. All of them are asking for our support for this amendment today.

Across the country, women everywhere are looking to us not just to express sympathy with their concerns but to act: to stop telling them to stay at home and be careful and start finding those responsible for the violence. If we are not recording crime that is targeted at women, how can we effectively address violence against women and girls and the police’s response to it? What is happening to women of all ages, colours and backgrounds is illegal, but clearly it is not being effectively addressed. Let us take the opportunity to put that right with this amendment. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Kennedy, who has made a powerful speech on her amendment, to which I will add a fairly brief footnote.

As she said, over the last few days we have seen growing pressure on the Government to alter the terms of trade, the balance of power, between men and women. The murder of Stephen Lawrence in the 1990s marked a turning point in our attitudes towards race in this country; the murder of Sarah Everard may do the same for attitudes towards women. Other noble Lords may have had telephone calls yesterday from women asking for support for this amendment. Elesa Bryers rang me, asking if she could send me a petition she had started which had some 700 signatures. I readily agreed.

It is crucial for the Government to strike the right balance in response, avoiding a knee-jerk reaction and a headline-grabbing solution that does not stand the test of time but recognising that, after careful analysis, we have to move on from where we are. I can think of few people better placed to help make that judgment than my noble friend the Minister who is replying to this debate.

Turning to the amendment, no one could say that this is a knee-jerk reaction to the tragic events of last week, as, of course, the case for it was made last month in Committee by the noble Lord, Lord Russell, and others. I have reread the reply that the Minister gave on that occasion. My noble friend said:

“Given the range and depth of the work undertaken by the Law Commission, we do not think it would be appropriate to prejudice the outcome of its work, including by issuing guidance or requiring the collection of statistics along the lines proposed by the amendment. As I have said, the noble Lord rightly wants to see evidence-based policy. The work of the Law Commission will add significantly to that evidence base.” —[Official Report, 8/2/21; col. 59.]


“We do not think it would be appropriate” is not a total rejection of what we were asking for. Indeed, one could argue that the amendment would add significantly to the evidence base that the Minister referred to in her reply, because it would broaden that evidence base beyond the 11 police forces which currently collect the relevant statistics. I wonder whether my noble friend has sought the views of the Law Commission on this amendment as it completes its work.

We know that the domestic abuse commissioner is supportive of the principles behind the amendment and strongly welcomes proposed subsection (2) about issuing guidance. I was pleased to hear in her interview on Friday that the domestic abuse commissioner said she was listened to by the Government, and my noble friend can build on that basis of trust in her response today.

Winding up the debate in Committee, the noble Lord, Lord Russell, offered a way forward by suggesting that we should

“try to send some message to police forces about the benefits that other police forces which have trialled this are having from it, and to encourage them to look at it seriously.” —[Official Report, 8/2/21; col. 61.]

Perhaps that offers us the way forward today.

Rereading the briefing for this amendment, I was struck by the evidence from Citizens UK and from the organisation HOPE not hate that ideological misogyny is emerging in far-right terrorist movements, and that there has been a growth in online misogynistic abuse. Hate motivated by gender is a factor in a third of all hate crimes, the same briefing tells us—all of which reinforces the case for a fresh look at this issue.

As other noble Lords have said, we need to rebuild confidence in the police. The noble Baroness, Lady Kennedy, referred to the case of Nottingham and the survey, where they have already adopted the measures outlined in this amendment, as she said. That survey showed, first, that the problem was taken seriously by the police and, secondly, that what Nottingham did increased public confidence in the police in the county. Adopting this amendment could do the same for the police nationally.

[Lord Russell of Liverpool (CB)]

My Lords, I was very happy to put my name to this amendment, and I pay tribute to the noble Baroness, Lady Kennedy, for the eloquent and detailed way in which she has introduced it.

At Second Reading on 5 January, I mentioned that I would raise the issue of misogyny and probably put forward an amendment in Committee. First, those of your Lordships who, like me, laboured through the Second Reading—there were no less than 90 contributors —were brave, but, secondly, it is interesting to note that, of all the contributors, I think I was the only one to actually mention the dreaded noun “misogyny”. I was not surprised when the Minister, in her summing up of so many contributions, also did not mention misogyny.

We fast forward to Committee, and on 8 February—the fifth day in Committee—I put forward an amendment, ably assisted by the noble Lord, Lord Young, and the noble Baronesses, Lady Bull and Lady Jones of Moulsecoomb, to all of whom I am extremely grateful. As the noble Lord, Lord Young, said, the Minister basically said, “We can see it is quite a good idea, but we have asked the Law Commission to look at this, and we will wait and see what it recommends”.

Now we fast forward to today—17 March—the fourth day of Report, and Amendment 87B. Harold Wilson once said that one week is a long time in politics. I do not know about the rest of your Lordships, but, for me, the last 10 weeks since Second Reading have felt like a lifetime in politics. But more to the point, as the noble Baroness, Lady Royall of Blaisdon, said very movingly on Monday, the last 10 weeks have not only seemed like a lifetime, they have also seen the loss of no less than 30 lives—30 women killed by men, whose names she read out on Monday.