My Lords, I am pleased to be moving the Bill for two reasons: first, it is at last here in your Lordships’ House and, secondly, from my point of view it is not often that I bring Bills to this House that are universally welcomed. For those reasons, it is a particular pleasure to be introducing this Second Reading.
I want to dedicate everything that we will achieve through the Bill to all victims and survivors of domestic abuse; to all those courageous people who have spoken out about their experiences, whether in Parliament or outside it; and to those who do not lack courage but are still too traumatised to speak about their experience, maybe even decades after it first happened. We should be their voice. It is important that we see the Bill as a start. Other Bills will follow, but the Bill today is a great start in dealing with this most awful of crimes. I say to noble Lords, and I know they understand, that we should not let the best be the enemy of the good.
A person’s home should be a place of safety and security, and a person’s relationship with their partner or other family member should be based on love, mutual respect and understanding, but for some 2.3 million people a year that is not the case. Many such people have to face physical or psychological abuse on a daily basis, which can make their lives insufferable. Some pay the ultimate price: on average, two people are killed each week at the hands of their current or former partner. It is only fitting that I pay tribute to Claire Throssell, who received an MBE in the New Year’s honours list for her tireless work campaigning for children experiencing domestic abuse. She lost her own two sons, Jack and Paul, who were killed by her ex-partner.
We have seen that the Covid-19 pandemic has served to exacerbate the problem as victims have been trapped in their home with their abuser. Police-recorded crime data shows that incidents of domestic abuse increased 7% in the period of April to June last year compared with the same period in 2019. These are horrendous statistics and they mask many individual personal tragedies, lives ruined and children traumatised, many of them for life. If there was ever an issue deserving of our attention and needing decisive action, this is it.
Of course, legislation alone cannot solve society’s ills, but it can play an important role in driving change and empowering those who need help, and I firmly believe that is the case with this Bill. I welcome the fact that the Bill comes before your Lordships’ House having already been the subject of extensive scrutiny, a point well made by the Constitution Committee in its report on the Bill. A draft Bill, published in January 2019, underwent pre-legislative scrutiny by a Joint Committee of both Houses, and I pay tribute to the significant contributions to that process by my noble friends Lady Bertin, Lord Farmer, Lady Sanderson and Lady Chisholm—they are all sitting behind me, which is great—the noble Baronesses, Lady Armstrong and Lady Burt, and the noble Lords, Lord Ponsonby and Lord Blair. As a result of that invaluable pre-legislative scrutiny and the consideration given to the Bill in the House of Commons, I hope that I present to your Lordships’ House today a much-strengthened Bill.
Let me turn to the detail of the Bill. The measures in it are best described around four objectives. They are: to promote awareness, putting domestic abuse at the top of everyone’s agenda; to better protect and support victims of domestic abuse and their children; to transform the response of the criminal, civil and family justice systems to domestic abuse; and to improve performance across local and national agencies.
We cannot tackle domestic abuse effectively without first having a shared understanding of the nature of domestic abuse and its impact on victims. The new, all-purpose statutory definition of domestic abuse in Part 1 is directed to this end. Historically, domestic abuse has been associated with physical or sexual violence only, but such a narrow view is to misunderstand the very nature of this type of abuse. Domestic abuse can take many forms, including threatening, controlling or coercive behaviour, economic abuse and psychological or emotional abuse.
The statutory guidance provided for in Clause 73 will, among other things, expand further on the different types of abuse and the forms they can take. This will include types of abuse which are experienced by specific communities or groups, such as migrant victims or ethnic minorities. The guidance, which we have already printed in draft, will also recognise the disproportionate impact of domestic abuse on women.
The statutory definition of domestic abuse includes a minimum age of 16 years so that we do not confuse domestic abuse and child abuse. We fully recognise, however, that children growing up in a household where one adult is abusive towards another are as much victims of domestic abuse as the person being directly abused. Children affected by domestic abuse can live with those consequences for the rest of their lives; Clause 3 expressly recognises this and will help to ensure that such children receive the support they need.
The second aim of the Bill is to better protect and support victims of domestic abuse and their children. In affording protection, civil orders can play an important role. There is already a variety of such orders, principally domestic violence protection notices and orders, occupation orders, non-molestation orders and restraining orders. The fact that there are so many of these orders can be confusing to victims, and none of them is arguably fully up to the task.
In providing for a new domestic abuse protection notice and domestic abuse protection order in Part 3, we have adopted and built upon the strongest elements of the existing orders. The domestic abuse protection notice will provide immediate protection following a domestic abuse incident, while the domestic abuse protection order—or DAPO—will provide flexible, long-term protection for victims. The DAPO is designed to provide more comprehensive protection to victims than the existing civil orders. It will be available in the criminal, civil and family courts, and will give courts the flexibility to determine which prohibitions and positive requirements are required in each case. This might include, for example, prohibiting the perpetrator from going within a specified distance of the victim’s home, or conditions compelling the perpetrator to attend a perpetrator programme or requiring them to wear an electronic tag.
Breach of a DAPO will be a criminal offence subject to a maximum penalty of five years’ imprisonment or a fine, or both. We want to ensure that we get these new domestic abuse protection orders right so that they work for victims, the police, the courts and others who will have to operate them. We will therefore pilot DAPOs in a small number of areas before rolling them out nationally.
It is far preferable if we can prevent abuse happening in the first place rather than having to respond after the event. One important preventive tool which already exists is the domestic violence disclosure scheme, also known as Clare’s law. There are two elements to the scheme: one is the “right to ask” and the other is the “right to know”. Under the right to ask, someone can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information. The right to know enables the police proactively to make that disclosure if they receive information about the violent or abusive behaviour of a person that might impact on the safety of that person’s current or ex-partner. We know that Clare’s law has not always operated as effectively and consistently as it should across the country, so the Bill puts on to a statutory footing the guidance to the police underpinning the scheme to help improve its operation and thereby better protect potential victims of abuse.
Victims of domestic abuse and their children also need the right support at the right time. For those in refuges or other safe accommodation, this means having access to, for example, counselling services and advocacy support to help them access NHS services, schooling or welfare benefits. This also includes tailored support for victims with disabilities, those with more complex needs, LGBTQ+ or black and minority ethnic victims. Part 4 introduces a new duty on tier 1 local authorities in England to ensure that such support is available in their area for victims of domestic abuse and their children within safe accommodation. Noble Lords will have seen that following the spending review, the Government have committed £125 million to fund this new duty in 2021 and 2022.
Those who are forced to flee their own home as a result of domestic abuse will also benefit from Clause 71, which will require local authorities to give priority need status to all victims who are homeless and eligible for assistance. Victims will therefore no longer need to prove they are vulnerable as a result of their abuse in order to access accommodation secured by the local authority.
Where victims of domestic abuse look to the justice system for protection, including for their children, to seek civil redress or to secure justice for criminal wrongdoing, we need to ensure that the criminal, civil and family courts deliver for them. All too often, victims have found the experience of giving evidence in court traumatising and an occasion for their abuser to perpetuate the abuse all over again. To help to address this, Part 5 includes two important reforms.
First is the prohibition on cross-examination in person, which already applies in the criminal courts. This will be extended to the family and civil courts. In cases where this prohibition applies the courts will,
where necessary, be able to appoint a publicly funded advocate to conduct the prohibited cross-examination. Secondly, Part 5 streamlines the rules governing eligibility for special measures for domestic abuse victims giving evidence in the criminal, civil and family courts. Victims of domestic abuse will no longer have to demonstrate that they are vulnerable. This will give victims the option of giving their evidence, for example, from behind a screen or via a video live-link. As now, it will be for the court to determine whether to make a special measures direction in any particular case, taking into account whether such a direction would improve the quality of the victim’s evidence.
In criminal proceedings relating to domestic abuse it is imperative that justice is done, with perpetrators being appropriately convicted and punished for their crimes. As this Bill was going through the House of Commons the Government listened to concerns, voiced by Harriet Harman and Mark Garnier among others, that in too many cases domestic abuse perpetrators were arguing that their victim’s death was the result of consensual “rough sex gone wrong”. In the case of R v Brown, the former Appellate Committee of this House established in 1993 the principle that consent to serious harm for sexual gratification is not a defence and that, by extension, nor would consent apply where such sexual activity resulted in the victim’s death. The Bill clarifies the law by enshrining this principle in statute.
Finally, Part 2 of the Bill, providing for the office of a domestic abuse commissioner in law, will help to level up the response to domestic abuse across local and national agencies. The designate commissioner, Nicole Jacobs, is already providing very strong leadership on domestic abuse issues and acting as a powerful voice for victims. The commissioner will play a key role in overseeing and monitoring the provision of domestic abuse services in England and Wales. To facilitate this work, the Bill will arm the commissioner with appropriate powers; in particular, they will have the power to publish reports and lay them before Parliament. These reports will hold local commissioners of domestic abuse services, statutory agencies and government departments to account and make recommendations on how they can improve their responses. Specified public bodies will be under a duty to co-operate with the commissioner. They and government Ministers will be required to respond to each recommendation made to them within 56 days.
Domestic abuse gives rise to some of the gravest and most challenging crimes, including coercive control, serious assaults, rape and murder. We owe it to victims and survivors to treat domestic abuse with the seriousness it deserves and to help these people rebuild their lives. Protecting and supporting victims and their children and bringing perpetrators to justice lies at the heart of our approach. The measures in the Bill are directed to these ends and I commend it to the House.
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