Domestic Violence, Crime and Victims (Amendment) Bill

Wayne David Excerpts

Friday 21st October 2011 Commons Chamber

[Mr Wayne David (Caerphilly) (Lab)]

In 2004, the previous Government introduced the Domestic Violence, Crime and Victims Act. Section 5 was written to address a particular situation: a gap in the law dealing with cases when a child had died at the hands of one or other of its parents, or other members of the household, and no one would admit to what had been done. To be guilty of the offence, the household member must have either caused the death or failed to take reasonable steps to protect the victim.

The NSPCC had campaigned on the issue, and the Law Commission did a great deal of work on it. While the 2004 Act was under consideration, there was a debate about whether the legislation should include serious harm cases and the point was made, both in this and the other place, that the term “serious harm” would need careful definition. Importantly, the then Government left the door open for the issue to be addressed again in the future. As the Minister at the time, my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins), said:

“I do not rule out extending the offence at some time in the future. It is important, first, to put in place the new offence. Let us get that right first and see how the provision operates. If appropriate, we may return to the problem at a later date.”—[Official Report, 27 October 2004; Vol. 425, c. 1473.]

Since the passage of the 2004 Act, between 2005 and 2008 alone the offence of causing or allowing the death of a child or vulnerable adult was used successfully to prosecute 17 people, notably baby P’s mother, boyfriend and lodger. It was clear that one of them caused Peter’s death, but the police could not prove which of them was directly responsible. As a result, they were all found guilty of causing or allowing his death.

Crown Prosecution Service data suggest that there is now a need to extend the law to cover cases of serious injury. In 2010, CPS prosecutors in six areas identified 20 potential cases involving children and three involving vulnerable adults that could not be prosecuted under existing legislation, but which they believe could have been prosecuted under the proposed new offence.

It is clearly time to return to the issue. That is why the Opposition support the Bill introduced by the hon. Member for Mole Valley (Sir Paul Beresford). We congratulate him on all his assiduous work. The Government suggested two amendments, which were accepted by the hon. Gentleman. The amendments will strengthen the Bill and now, with cross-party support, I hope that this important measure will soon be on the statute book and be implemented quickly.