My Lords, I join the noble Baroness, Lady Hamwee, in thanking all the many organisations that have collaborated with us on the Bill to date; communication has been incredibly constructive in virtually all cases. As she said, no one demurs from supporting this Bill; the question for debate is how we get there. I am grateful to her for affording us the opportunity to debate the minimum age of 16 in the definition of domestic abuse.
The amendment would expand the definition of domestic abuse to include a relationship in which person A, the abuser, is aged under 16 and person B, the victim, is aged 16 or over. Clause 1 as drafted provides that the behaviour of person A towards another person, B, is domestic abuse if
“A and B are each aged 16 or over and are personally connected to each other, and … the behaviour is abusive.”
As the noble Lord, Lord Paddick, pointed out, abuse in relationships where the victim or both parties are under 16 years of age will be treated as abuse of a child and subject to existing criminal offences, and legislation relevant to safeguarding procedures will be followed. In cases where the abuser is under the age of 16 and their victim is over the age of 16, as in this amendment, appropriate safeguarding responses will be followed which, as the noble Lord, Lord Rosser, has just pointed out, seek to avoid the criminalisation of children.
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In cases where one or both parties are under the age of 16, relevant safeguarding measures are already in place through primary legislation to protect children from harm. There is statutory guidance, such as Working Together to Safeguard Children and Keeping Children Safe in Education, which sets out how the definition of harm is applied in practice. Local authorities and all safeguarding agencies are required to have regard to this guidance.
In answer to the noble and learned Baroness, Lady Butler-Sloss, I can say that in 2012 the cross-government definition of domestic abuse was amended to include those aged 16 and 17, following a consultation with the aim of increasing awareness of young people’s experiences of domestic abuse. Then, following the 2018 consultation on domestic abuse, it was clear that strong support for maintaining that age limit of 16 for both parties remained. This view was shared by the Joint Committee which examined the draft Bill. It rightly acknowledged that lowering the minimum age risks conflating different types of harm to children and extending the criminalisation of under-16s—something we must be mindful of, of course, and which the noble Lord, Lord Rosser, pointed out. I take the opportunity to reassure the Committee that the
Government also recognise the seriousness of domestic abuse between teenagers where both parties are at least 16 years of age.
Under Clause 73, the Secretary of State may issue guidance on the kinds of behaviour that amount to domestic abuse, and must issue guidance on the effect of domestic abuse on children. This guidance will include abusive teenage relationships where the parties are at least 16 years of age and the impacts that these relationships have on victims.
In addition, relationships, sex and health education is now a statutory part of the curriculum. The focus on healthy relationships in both primary and secondary schools will help children and young people who are experiencing or witnessing unhealthy relationships to know where to seek help and report abuse, as well as addressing inappropriate behaviour, harassment, abuse or exploitation. To support schools to deliver lessons on these topics we have developed teacher training materials, which are available on GOV.UK. We are also offering training sessions led by teaching schools. We will have a further opportunity to debate teenage relationship abuse when we reach Amendment 184 at the end of Committee.
I hope that, in light of the explanation I have given in relation to the distinction between child abuse and domestic abuse and the widespread support for maintaining the minimum age of 16 years, the noble Baroness will be happy to withdraw her amendment.