My Lords, I am grateful to the noble Lord, Lord Hunt of Kings Heath, for his very comprehensive introduction, and to the noble Baroness, Lady Grey-Thompson, for setting out the case for her amendments.
We can all agree with the premise behind Amendments 23 and 28—namely, that we should promote the use of data and technology, as the noble Lord, Lord McConnell of Glenscorrodale, said, in a cautious rather than cavalier way, to aid in the prevention, reporting and detection of domestic abuse.
I also thank the noble Lord, Lord Paddick, who speaks on this Bill from a unique position, as both a former police officer and a survivor of domestic abuse.
The Domestic Abuse Bill introduces a range of new measures, including the use of data and technology to protect and support victims of domestic abuse and monitor perpetrators. For example, as we discussed earlier, the domestic abuse protection order can impose both prohibitions and positive requirements on perpetrators, including an electronic monitoring requirement, or tagging. I am happy that today I have made the noble Lord, Lord Brooke of Alverthorpe, so happy, because we have now come a long way since our disagreement on liqueur chocolates. That is an in-joke that only some noble Lords might get.
Victims of domestic abuse will be eligible for one or more special measures in the criminal, civil and family courts. Such special measures could include the use of a live televised link in a courtroom to enable a witness to give evidence during a trial or proceedings from outside the courtroom, and the use of pre-recorded video interviews before the trial or other proceedings.
The Bill provides for a pilot of mandatory polygraph examinations for domestic abuse offenders released on licence. I will not dwell on that now, as the noble Lord, Lord Marks, has indicated that he wants a debate on Clause 69 when we get there in a few days’ time. The noble Lord, Lord Hunt of Kings Heath, outlined the real benefits of machine-learning predictions for police. Of course, technology is already a key component of the police response to domestic abuse.
At this juncture, I will refer to the comments of the noble Lords, Lord Dholakia and Lord Paddick, on the HMICFRS inspection of Greater Manchester Police and the victims of crime. The noble Lord, Lord Paddick, said that what was unearthed should set alarm bells ringing, and I agree. He also said that if this is the first assessment, what will future assessments show to other police authorities? However, that is not a reason not to
do it, and it will give cause for concern to other police authorities about how they might make improvements if necessary. We are not washing our hands of it. I brought the devolution Bill through your Lordships’ House some years ago. Devolution is an opportunity for local people to have a better determination of their own future through their elected representatives, in this case the mayor and the deputy mayor for policing.
We welcome HMICFRS’s decision to escalate the force to its police performance oversight group, which includes senior leaders from the National Police Chiefs’ Council, the College of Policing, the Association of Police and Crime Commissioners and the Home Office. It met on Monday 26 January to scrutinise GMP’s plans for improvement and to consider whether additional support from within the sector may be necessary to support the force in quickly delivering the necessary step change in performance. We welcome HMICFRS’s decision to reinspect the force in six months’ time to assess progress; that is likely to be in May. As the noble Lord, Lord Paddick, outlined, we expect the mayoral response to the report to be published no later than 4 February.
Police forces use technological solutions to provide emergency protection to victims, such as TecSOS devices that provide victims with immediate connection to the police at the touch of a button, or the Hollie Guard app, which allows the victim to send an alert to chosen contacts if they are in danger, notifying them of the victim’s location and capturing audio and video evidence. There is also the Bright Sky app, which professionals and victims can use to access information and support on domestic abuse. It also enables the recording of evidence of abusive behaviour. Clare’s law also comes to mind, allowing data on partners’ previous abuse history, and the noble Lord, Lord Paddick, also reminded me of the silent calling facility, which is such a benefit to people who cannot ask for help but who are in danger. As part of a police investigation of a domestic violence incident and any subsequent prosecution, the footage from body-worn video can also play a key part in building up an irrefutable case for the prosecution. As for the use of data, I agree that it is equally important to properly understand the needs of victims and to put in place the policies and services to meet those needs. That is why, for example, the first duty on tier 1 local authorities under Part 4 of the Bill is to assess the need for domestic abuse support in their areas. Robust and reliable data is the key to this in the context of Part 4 and elsewhere.
The noble Lord, Lord Hunt of Kings Heath, outlined the benefits of machine learning in the assessment of risk. We have worked with the College of Policing to develop the domestic abuse risk assessment, which is an improvement on the established DASH risk assessment process. Evidence-based research helped us develop that, and with a number of charities, we have also developed the Domestic Abuse Matters training programme, which has been academically proven to increase officers’ empathy with victims, and their understanding of abuse. Things are improving. We have come a long way from the days when police officers saw domestic abuse as “just a domestic”.
While I support the underlying premise of Amendments 23 and 28, I hope that the noble Baroness and the noble Lord will agree that the amendments themselves are not needed, since Clause 7 already sets out broad functions for the domestic abuse commissioner in encouraging good practice for the prevention and detection of domestic abuse. This will include good practice in relation to the use of data and technology.
On Amendment 50, I assure the noble Lord, Lord Dholakia, that the duty to co-operate with the commissioner, as provided for in Clause 15, extends to the provision of information. The Explanatory Notes to the Bill make this clear. This is one of those occasions when we believe it is preferable to keep the duty at a high level. There is always the risk, when a general proposition is followed by particular examples, of leaving the impression that the list of examples is exhaustive—or, indeed, that something is left out. We do not want inadvertently to leave the impression that the provision of information is the only form of co-operation.
Amendment 62 jumps ahead to Part 3 of the Bill. The amendment seeks to ensure that police take into account an individual’s previous criminality and convictions when considering issuing them with a domestic abuse protection notice. The matters to be considered listed in Clause 22 are designed to ensure that police take into account the impact of the notice on those directly or indirectly affected by it. The power to issue a notice enables the police to require an individual to leave their home for a period of up to 24 hours, as the noble Lord, Lord Paddick said, when dealing with the immediate crisis. These provisions therefore provide an important safeguard by ensuring that the police give careful consideration to the impact of the notice on those affected when they are exercising this quite significant power. Again, the spirit of the amendment is certainly one that we can support.
When deciding whether a notice is necessary to protect a victim from domestic abuse, the police will consider a range of factors, including the history and the context of abuse, as the noble Lord, Lord Kennedy, outlined. The College of Policing’s guidance on domestic abuse makes it clear that police should carry out comprehensive checks when responding to a domestic abuse incident, including: the alleged perpetrator’s history of abuse in relation to the victim, or previous victims; previous risk assessments; court orders or injunctions; convictions; and child protection information. Importantly, these checks ensure that intelligence on incidents and behaviours that have not resulted in a criminal conviction is considered. Furthermore, the draft statutory guidance for police on the domestic abuse protection notices and orders, which we published ahead of Committee, makes it clear that when deciding whether to issue a notice, the police should also consider other relevant information and evidence, such as incident reports from previous callouts, including those against other victims, and any intelligence from other agencies or organisations.
Having highlighted these important issues, I hope that the noble Lord, Lord Hunt, will be content to withdraw his amendment.