My Lords, I am also very glad to support the noble Baroness, Lady Greengross, in her Amendments 83 and 84. She has been such an extraordinary campaigner for older people and, years ago, she brought the abuse suffered by them to national and international attention.
We have made considerable progress. The acceptance of the amendment of my noble friend Lady Lister means that the offence of “controlling or coercive behaviour” under Section 76 of the Serious Crime Act 2015, which originally covered only behaviour by a family member when they are living with their victim, will be amended so that it applies to “controlling or coercive behaviour” by a former intimate partner that takes place post separation, or by a family member who does not reside with the victim. This is real progress for old people suffering from abuse.
However, there is an argument for going further. I will reflect back on the words of wisdom of Gary FitzGerald, formerly CEO of Action on Elder Abuse, who stated that:
“Older women can have a higher level of physical, emotional and particularly financial dependence on perpetrators, and will often have experienced the abuse for a much greater period of time. It is those psychological and emotional relationships that are crucial in considering coercive control ... The people who primarily abuse older people are their own families—sons and daughters, nieces and nephews, and grandchildren. They exploit family relationships, and this can often continue after the intervention of statutory services.”
The argument put forward by the noble Baroness, Lady Greengross, is that you need her amendment to deal with these types of situations.
In Committee, the noble Baroness, Lady Williams, said:
“Local authorities are well equipped to identify, investigate and address suspicions or cases of domestic abuse where the individual has existing care and support needs or is known through other means. There are mechanisms and clear professional responsibilities in place to ensure the safety of suspected or known victims.”—[Official Report, 10/2/21; col. 404.]
She was not convinced that the amendments of the noble Baroness, Lady Greengross, would add value to “existing rules and processes”. In a sense, this repeats an argument that the noble Baroness, Lady Williams, has used throughout the Bill: that practice is at fault, not the legislative structures. The problem is that, in relation to the issues raised by the noble Baroness, Lady Greengross, it is far too patchy, which is why we are using the Bill to raise issues and seek to get some
statutory provision. I know that she hopes for a positive response from Ministers, which is to be welcomed. However, it would be great to be able to finish the job, in a sense, and do everything we can to protect older people from the abuse that I am afraid they suffer all too often.