Domestic Abuse Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Domestic Abuse Bill

Baroness Bennett of Manor Castle Excerpts
Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021

(3 years, 9 months ago)

Lords Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-V Fifth marshalled list for Committee - (3 Feb 2021)
Lord Marks of Henley-on-Thames Portrait Lord Marks of Henley-on-Thames (LD) [V]
- Hansard - - - Excerpts

My Lords, my four amendments in this group—Amendments 109, 111, 112 and 113—to which the noble Baroness, Lady Bennett of Manor Castle, has kindly added her name, are intended simply to apply the Bill’s provisions relating to special measures in family proceedings to civil proceedings as well.

Under the Bill as it stands, special measures are to be available to parties or witnesses in family proceedings who are victims of domestic abuse or at risk of being such victims. Although the provision of special measures in courts is relatively recent, the courts recognise how important it is to help vulnerable parties and witnesses reduce the trauma— the ordeal, even—of involvement in court proceedings. Special measures are arrangements to help a vulnerable party or witness give evidence or participate in court proceedings in a way that mitigates that trauma. Even in the driest and least emotional of cases, the experience of being involved in litigation, especially of giving oral evidence, is often extremely stressful. For vulnerable parties and witnesses, most with a history of deep and often emotionally searing personal involvement in the events that led to the proceedings, the experience of reliving them is fraught with anxiety, fear and even terror. Therefore, the need for special measures arises.

Such special measures enable witnesses or parties to give evidence from behind a screen, usually in abuse cases, to protect them from having to face their abuser or abuser’s family across a courtroom. Alternatively, provision can be made for witnesses to give evidence via a live link or with the assistance of an intermediary. Special measures cannot remove the fear but can help to reduce it. We take them as a matter of compassion for those involved, but also out of concern that victims and vulnerable parties should not be too frightened of bringing proceedings to come forward and therefore continue to suffer abuse in silence, sometimes with horrifying consequences. We also take special measures to help ensure that proceedings are fair, that the quality of the evidence before the court is as good as it can be in difficult circumstances, and that the courts can, therefore, make fair decisions.

For family proceedings, Clause 61 would require that where a party or witness is, or is at risk of being, a victim of domestic abuse carried out by another party or relative of another party, or by a witness in the proceedings, it is to be assumed that there is a risk of the quality of the victim’s evidence, or of her participation in the proceedings generally, being diminished.

That has the effect of bringing into play the provisions of Part 3A of the Family Procedure Rules 2010, which are supported by a detailed practice direction. They provide that victims of domestic abuse and other parties or witnesses are eligible for special measures if the quality of their evidence or their ability to participate in the proceedings is likely to be diminished by their vulnerability. The rules and the practice direction set out a full code for the court to identify vulnerability and consider ways to help vulnerable witnesses and parties. They do not just cover giving evidence. Directions may include

“matters such as the structure and the timing of the hearing, the formality of language to be used in the court and whether (if facilities allow for it) the parties should be enabled to enter the court building through different routes and use different waiting areas.”

The existing provisions also go wider than domestic abuse and cover:

“sexual abuse … physical and emotional abuse; racial and/or cultural abuse or discrimination … forced marriage or … “honour based violence” … female genital or other physical mutilation … abuse or discrimination based on gender or sexual orientation … and … human trafficking.”

Clause 61 requires the court to assume that, if the threshold I mentioned is met, special measures will automatically be available in domestic abuse cases for victims and those at risk of being victims. The court will then consider what, if any, special measures should be taken. There is scope for an opt-out under Clause 61(4), whereby a party or witness in family proceedings can signify that they do

“not wish to be deemed to be eligible”

for special measures.

The reason that I have spent some time setting out the background and the arrangements proposed for family proceedings is that they are thoroughly sensible and helpful and likely to be effective without unforeseen and unjust gaps. My amendments are directed at ensuring that the same arrangements apply in civil proceedings by bringing Clause 62 into line with Clause 61. They would implement the recommendations made by the Civil Justice Council and supported by Refuge, Women’s Aid and the Equalities and Human Rights Commission, among others.

Clause 62, as drafted, does not do the same for civil proceedings as Clause 61 does for family proceedings. For a reason I do not understand, the clause sets a higher bar for civil proceedings. There is an additional threshold test, which a party or witness would have to surmount to secure eligibility for such measures. The clause requires that to qualify as a victim or alleged victim, the person must be the victim of “a specified offence”, that is one specified in regulations by the Lord Chancellor. That condition is defined in Clause 62(3). For it to be met, there must have been a conviction or a caution for the offence, or someone must have been charged with the offence against the victim. Therefore, it would not be enough for the vulnerable witness or party to establish that they are frightened of being a victim or at risk of being a victim, nor even that they have, in fact, been a victim. They have to establish that the criminal law has been invoked so that the offender must have been cautioned or charged by the police for the specified offence or convicted of it by a criminal court. I suggest that there is no basis for this distinction between family and civil proceedings.

We know how often victims do not report abuse to the police, whether out of fear of their abusers or the relatives, fear of the trauma of criminal proceedings, concern for their private lives being exposed, or other reasons. The Office for National Statistics estimates that around four in five—79%—of survivors do not report partner abuse to the police. Requiring that victims go through the criminal process before being treated as vulnerable, and excluding those at risk of being victims from being treated as vulnerable altogether, represents a failure to understand vulnerability. Invoking criminal proceedings requires robustness. Experience and common sense tell us that vulnerable witnesses and parties are those least likely to involve the police and the criminal courts.

I have discussed this issue with the noble Lord, Lord Wolfson, and I am grateful to him for talking to me about these amendments and engaging with them. The noble Lord explained the Government’s position by saying that there is an intimacy to family proceedings not present in ordinary civil proceedings. In many cases that will be right, but I invite the noble Lord to concede, from his own experience, that there are literally thousands of cases involving partners, former partners and others who are personally connected—as defined in the Bill—which involve disputes that have a domestic or quasi-domestic context.

I give a few examples only: disputes about ownership and occupation of property; ownership, loss or damage to goods; landlord and tenant disputes, including disputes about who holds tenancies; employment disputes; and inheritance disputes. There are also disputes arising out of families running businesses together, which has become increasingly common in recent decades. These sometimes involve partnership disputes, sometimes it is disputes over the ownership of shares or misuse of company funds. In these cases, the parties might be companies, but the witnesses might have been involved in an acrimonious and abusive personal relationship.

The list goes on and lawyers well know that cases with personal connections give rise to the greatest animosity and the greatest tension. I can see no reason to apply a different test for vulnerability in civil proceedings from that applicable to family proceedings. If the conditions for family proceedings are met and the party or a witness is a victim or at risk of being a victim of domestic abuse, carried out by another party or a relative of such a party, or another witness in the proceedings, special measures should generally follow. It will always be for the court to determine whether those conditions are met, as it is in family proceedings. It would also be for the court to determine whether special measures are appropriate and what they should be. If the threshold is met, however, it is unjustified, illogical and unfair to insist that an offence must already have been committed and that the criminal law must have been invoked before eligibility for special measures is established. I beg to move.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
- Hansard - -

My Lords, it is a pleasure to follow the clear, comprehensive and powerful outline of these amendments by the noble Lord, Lord Marks of Henley-on-Thames, in whose name they are tabled. It was a pleasure to attach my name to Amendments 109 and 111.

The case has been set out very clearly so I do not need to detain the Committee for long. I will just say why I attached my name to these amendments when I saw that no other noble Lords had done so. It was because of my experiences as a young journalist many years ago in Australia, when I covered mostly criminal courts. This was in the days long before there was thought of protecting witnesses who were the victims of what we now call domestic abuse.

I saw the sometimes harrowing ordeals that people had to go through. I think the noble Lord, Lord Marks used the word “ordeal”. Members of your Lordships’ House are used to testifying, speaking and being in these spaces, but we are talking about people who are victims of domestic abuse and have suffered all the personal damage that entails. They are also not used to being in these environments very often. As the noble Lord, Lord Marks, said, this is an issue of compassion—of protecting people and ensuring that we are not making victims of domestic abuse suffer again. It is also an issue of justice because if they are to be able to clearly set out the case—to explain the circumstances and to bear witness—they need to be in conditions that reasonably allow them to do that.

As the noble Lord, Lord Marks, said, to set a higher bar for civil proceedings than for family proceedings simply does not make sense. As he said, there are many cases in which civil proceedings will be intimately entangled with family issues and issues of domestic circumstances. I think particularly of farms and some cases I have seen where the acrimonious break-up of family farm businesses will often be tangled in civil proceedings but have an intensely personal side as well.

These are important, sensible and helpful amendments. I very much hope that the Government will take them on board in the interests of compassion and justice.

--- Later in debate ---
Lord Marks of Henley-on-Thames Portrait Lord Marks of Henley-on-Thames (LD) [V]
- Hansard - - - Excerpts

My Lords, could I have a moment? I apologise for the delay. Following so closely on from my last speech, it was difficult to see where we were.

Having spent some considerable time this afternoon introducing my amendments in groups 1 and 4, I will be relatively brief in introducing this group. The amendments are intended to extend to all civil cases the same protection from direct cross-examination by a party as is to be afforded in family cases to victims and vulnerable witnesses where certain conditions are met.

The reason for my relative brevity in this group is that the principles upon which I contended in the first group that special measures should be available on the same basis for civil proceedings as for family proceedings apply with equal force to the prohibition of direct cross-examination. Therefore, I will not dwell on them again, save to make the point once again that there is no justifiable distinction to be drawn between the trauma likely to be caused to the vulnerable by direct cross-examination in civil cases and such similar trauma as may arise in family cases.

However, because the proposals are complex, the amendment is long. Clause 63 inserts new Clauses 31Q to 31U into the Matrimonial and Family Proceedings Act 1984, which broadly prohibit direct cross-examination in family cases in a number of circumstances. First, direct cross-examination by someone convicted of, cautioned for or charged with a specified offence—that is, an offence specified by the Lord Chancellor—of a witness who is a victim or alleged victim of that offence is prohibited and, importantly, vice versa. No victim or alleged victim of such an offence may directly cross-examine the perpetrator or alleged perpetrator. Secondly, direct cross-examination by either party of the other is prohibited in cases where one party has obtained an on-notice protective injunction which is in force at the time of the proceedings. Thirdly, in cases where specified evidence—that is, evidence of a description specified by the Lord Chancellor in regulations—is adduced that a witness in proceedings has been the victim of domestic abuse carried out by a party to the proceedings, that party may not directly cross-examine that witness. Correspondingly, where there is such evidence that a party to proceedings has been the victim of domestic abuse carried out by a witness, that party may not directly cross-examine that witness.

What is important is that these three categories of cases involve a prohibition that is absolute. That offers vulnerable parties and witnesses an assurance that there will be no direct cross-examination that offends against those provisions in any of the cases covered by the prohibition.

Finally, in other cases not coming within the first three categories of cases, the court may prohibit—that is, it has the power to prohibit—direct cross-examination of any witness by a party if the court takes the view that two conditions are met. The first condition is that the quality of the witness’s evidence would be likely to be diminished if direct cross-examination were permitted and improved if it were prohibited. The second condition is that the witness’s distress would be more significant under direct cross-examination by the party than were the cross-examination differently conducted. Before prohibiting direct cross-examination in such a case, the court must be satisfied that the prohibition would not be contrary to the interests of justice.

So while those provisions may be complex, they are, by and large, admirable, as they cater effectively for all circumstances where a vulnerable witness is liable to be directly cross-examined by a party to proceedings of whom she or he is plainly frightened, or where a vulnerable party may be put in the position of being obliged to cross-examine directly a witness who has in the past abused that party. It goes without saying that such a cross-examiner may be afraid of the consequences of putting questions to such a witness. But the important point to note is that the first three categories of case involve mandatory prohibition.

In civil cases, however, for a reason that once again I do not understand, there is no provision in Clause 64 of the Bill for the mandatory prohibition of direct cross-examination in any of the categories 1 to 3—that is, commissioner-specified offences, a mandatory injunction in force protecting a party, or evidence of domestic abuse by a party against a witness or a witness against a party. All that remains is the fourth category of protection: the discretionary and conditional protection offered in family cases that do not fall into the first three categories.

Again, I understand from the Minister—who has been keen on this issue, as on all others, to listen to noble Lords and to help—that the Government’s position is that civil proceedings lack the intimacy of family proceedings and so do not merit the same protection for vulnerable witnesses and parties. However, as I said in the earlier group, there are literally thousands of civil cases—as the noble Lord recognised—of many types involving vulnerable parties and witnesses, and exactly the same considerations apply in those civil cases as apply in family cases. I would suggest that the parties and witnesses involved in them should be entitled to exactly the same protection from direct cross-examination on the same basis as in family cases. I mention before closing that this view is shared by the Civil Justice Council, the Law Society, Refuge, Women’s Aid, and many others.

I invite the Government to reconsider whether they wish to stick with this illogical distinction or to instead come back on Report having ironed it right out of the Bill. I beg to move.

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
- Hansard - - - Excerpts

I am afraid we cannot hear the noble Baroness. She might still be on mute.

--- Later in debate ---
Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
- Hansard - -

Let me try an alternative technology—apologies, my Lords.

It is a great pleasure to follow the noble Lord, Lord Marks of Henley-on-Thames, for the second time, on this group of amendments, on which it is clear that he has done a great deal of work, and for which he deserves great thanks. I am simply here again as a support act for the reasons that I set out in the first group of amendments we addressed today. I think the arguments of justice and compassion are the same in this group of amendments as they were in that first group.

Sitting in many courtrooms over the years as a journalist, looking at the witnesses, you think about what the experience of being a witness is like. Earlier, I used the theoretical but eminently likely example of civil proceedings arising out of the collapse of a farm business that is also associated with domestic abuse. Later on, we will be talking about attempts to insert into the Bill an offence of non-fatal strangulation or suffocation. If we think about the actual experience of a witness who suffered that kind of assault and is then expected to stand in a courtroom and look in the eye the person responsible for that assault, and who is expected to look strong, stand tall and not seem what anyone might determine as shifty or uncertain, we can imagine the pressure that puts on such a witness.

In his answer to the first group of amendments, the Minister said, “Well, there is always judge’s discretion.” We know from many other debates in your Lordships’ House on the Bill that much domestic abuse is not fully reported. Indeed, we know that non-fatal strangulation and suffocation are sometimes recorded simply as common assault. Full information about what witnesses may have been subjected to may not be available and full reporting may not have happened, so it may not be open to a judge to be in the right place to rule on this. There should be an automatic protection available to witnesses who need it.

I will be brief because we have a great deal to do, but I believe that this is an important set of amendments, and I really hope that the Government will reconsider.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
- Hansard - - - Excerpts

My Lords, I will start by making a general point about an issue that has been concerning me regarding the amendments on cross-examination on special measures. I apologise that I am not a lawyer, and if I have not quite have grasped what Committee stage is. I could have been jumping up to speak to all these amendments, so I have bundled my comments into one. I hope that will work. If I have got it wrong, I will not do it again.

I have found the noble Lord, Lord Paddick, hugely helpful and insightful throughout these Committee discussions, but something he said on Monday troubled me. He said:

“My Lords, for reasons of brevity and clarity, I will refer to the person to whom a domestic abuse protection notice is given as the ‘perpetrator’, rather than the ‘alleged perpetrator’ or ‘defendant’, and the person the notice seeks to protect as the ‘victim’, rather than the ‘complainant’, the ‘alleged victim’ or ‘plaintiff’.”


He went on to say:

“Clearly it will be for the court to decide, ultimately, whether they are in fact perpetrator and victim.”—[Official Report, 1/2/21; col. 1925.]

I understand entirely the noble Lord’s shorthand point, but I get anxious that sometimes, that sort of shorthand becomes the presumed fact or reality. That has been the case throughout Committee stage—nowhere more obviously than in the discussion about cross-examination —and I worry that that might prejudice justice and fairness in proceedings. As the noble Lord, Lord Paddick, rightly stated, it is up to the court ultimately to decide on guilt or innocence. It seems to me that cross-examination is a key part of making such weighty decisions. Testing the evidence thoroughly is very important, and demands for special measures for cross-examination should not compromise that.

We have already heard the way in which this can happen. We have heard the noble Lord, Lord Marks of Henley-on-Thames, say, in calling for special measures in an earlier set of amendments, that if a witness claims that they are frightened, this can be seen as sufficient reason to treat the alleged perpetrator as a perpetrator, and the alleged victim is secure in special measures. I just worry about a slippery slope. Because of the importance I place on cross-examination, in relation to the distinction between family courts and civil courts, I would actually prefer that a legal representative be appointed by both courts in order to facilitate the most objective and thorough cross-examination and to make sure that the evidence is objectively tested.

--- Later in debate ---
Baroness Finn Portrait Baroness Finn (Con) [V]
- Hansard - - - Excerpts

My Lords, I speak in support of Amendments 137 and 138 and pay tribute to my noble friend Lady Newlove and many others for their tireless work and campaigning. I, too, thank Julia Drown for her help and support, and I very much welcome the Government’s acknowledgement of this issue and thank Ministers for their support.

I stress that this is the right Bill for this offence: non-fatal strangulation is about fear, control and a toxic mix of physical and psychological abuse, and it is often done with the express intent and insidious subtlety of evading detection. As such, it can be protracted and cause lasting and even permanent harm. Crucially, the current law is letting victims down; this Bill is our chance to put that right and protect them.

Many other noble Lords have already spoken about the horrific nature of non-fatal strangulation, but the current problem of undercharging highlights that the true nature and intent of the crime is not fully understood. As always, context matters: the current narrow approach not only limits the sentencing options but has other serious consequences, as it impacts on future risk assessments and public protection decisions. These include future bail applications, sentencing decisions—including dangerousness determinations—and Parole Board decisions.

As the seriousness of the crime is not currently understood, neither, unfortunately, is the management of its consequences. This is particularly the case when it comes to contact arrangements for children. To protect the welfare of children, these arrangements should reflect the seriousness of the crime; unfortunately, they do not.

I am conscious that, to tackle non-fatal strangulation as effectively as possible, we need all relevant agencies to work together. Early intervention is needed to mitigate damage and even save lives. Unfortunately, current understanding of symptoms and consequences will likely lead to cases being missed and narrow or absent diagnoses offered. If those in the health service seeing patients with the relevant physical and psychological conditions are conscious of the links to non-fatal strangulation, the problem can be picked up earlier and the victims supported.

This would not only save the victims from further and more serious harm; it would also be better for society, as the earlier intervention would be easier and more cost-effective, compared with dealing with the horrific further abuse and deaths of victims. In many of these cases, this will be about protecting children as well as the victims themselves.

It is shocking that, in this country, thousands of victims experience the trauma of non-fatal strangulation every year. Given that the current criminal justice system is clearly not able to protect these victims, we cannot afford to let this Bill pass without addressing this issue. We all know how commitments to introduce something in a future Bill can get derailed through no fault of those making those commitments. There is a suggestion that this new offence could go in the police, crime, sentencing and courts Bill, but that is not the Bill before us now; it has not even started its journey in the other place, and it may well be delayed for months into the future.

We need to get this right, and there is no reason why this offence cannot be included in this Bill to get the victims the protection they need now. If we miss this opportunity to introduce this offence, many women will die, others will suffer unnecessarily and we will be behind most of the English-speaking world on domestic abuse protection.

The UK has been rightly proud of its leading role on the world stage on gender-based violence over many years; this amendment is needed to ensure that we stay ahead and do all we can to protect victims. Rather than have the uncertainties of a future Bill, we can address this issue now in a Bill that will come into law very soon. I urge the Government and Ministers to work with my noble friend Lady Newlove and to include this new offence in this Bill.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
- Hansard - -

I join every speaker in this rather large group of speakers in offering my support for Amendments 137 and 138, with a preference for 137. I join all of the others in paying tribute to the noble Baroness, Lady Newlove, for her very hard work on this issue. However, when the idea of a new offence was first put to me, I started from a position of scepticism. We all know that there are far too many cases in history where Governments who are wanting to be seen to be doing something say “Oh, we will have a new law and create a new offence”.

However, when I looked at the evidence and saw the extensive briefings and data assembled by campaigning groups and NGOs, I found that there is clearly a case. There is a specific set of behaviours that constitutes an offence. The case is made very clearly that non-fatal strangulation and suffocation is not generally a failed attempt to kill, but rather a deliberate attempt to control and exert power. The law currently has no real proper way of dealing with that. The fact that there is little visible injury in many cases means that at best it may appear as a charge of common assault, and many others have pointed out how inadequate that is. It is also worth pointing out that it means there is a six-month limit for charges being brought. We know that domestic abuse is very often disclosed only after a large number of incidents have occurred. It also means that, as a summary offence in a magistrates’ court, it does not get the level of attention and resources that this proposed new offence would attract with the charges.

The other point which has not been made but should be, is that I very much do not believe in reinventing the wheel in terms of law and government policy. We can look around the world to see other places that have been leading on this. Reference has been made by the noble Baroness, Lady Crawley, to the 37 states in the US which already have comparable laws, and most Australian states do.

The real leader in this has been New Zealand. I note that this started with the Aotearoa—New Zealand—Law Commission 2016 report, which in December 2018 led to its introduction of a new law. I would imagine that the Minister is well aware of the recent report from the Chief Victims Advisor to the New Zealand Government to the Centre for Women’s Justice, which notes that in the first year after the offence was brought in, there were 2,000 charges—most occurring in a domestic violence context. A calculation has been made that, comparing our populations, that means in the first year we could see 26,400 charges in the UK. Of course, no two countries are exactly comparable, but I think that rough comparison tells you that if we delay introducing this charge, there will be thousands and thousands of women who will not have the protection of the law who should and could have the protection of the law if it is included in this Bill. It is very good to hear that the Government are listening on this issue, but the case for action now is overwhelming. I commend Amendment 137, in particular, to your Lordships’ House.

Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
- Hansard - - - Excerpts

My Lords, I greatly support Amendment 137 and thank the noble Baroness, Lady Newlove, for such a powerful and comprehensive introduction, thus making it necessary for me to make only a few brief remarks. During my time at the Home Office, I remember a particular incident that demonstrates the attitudes at play in the issues before us.

In 2014 a so-called pick-up artist, Julien Blanc, was due to visit the United Kingdom giving lectures to men on how to successfully pick up women and get them into bed. On Twitter, the photo he used to advertise his tour showed Blanc with his hand around the throats of women. He then tweeted the photo with the hashtag #ChokingGirlsAroundTheWorld.

I spoke out, as my responsibility was for tackling violence against women and girls, to say how concerned I was by the sexist and abhorrent statements Julien Blanc had made about women and that if he was allowed to perform in the United Kingdom, I had no doubt cases of violence and intimidation of women would follow, because his thesis was that physical aggression made you more attractive as a man and would give you more success and more sex. Someone who, in my view, wishes to incite sexual assault should not be granted a visa.

I simply use this as an example of the mindset that is out there that illustrates how women are in jeopardy. In days gone by, that mindset echoed down the corridors of our judicial system; to an extent, it still does so, because we are debating it today. It is part of the history of women being blamed for their own rape. Not that long ago, a woman’s previous sexual history was used to exonerate a male rapist. There is a long tradition in matters sexual to blame the woman for her own downfall: she wore a short skirt or a low top; she was asking for it, and so on. It put the onus for male behaviour on to the woman.

--- Later in debate ---
Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
- Hansard - - - Excerpts

I have received requests to speak after the Minister from the noble Baroness, Lady Bennett of Manor Castle, the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee. I call the noble Baroness, Lady Bennett of Manor Castle.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
- Hansard - -

My Lords, I thank the House for the opportunity to ask this question, which applies to all these amendments but particularly to Amendment 139, to which my noble friend Lady Jones of Moulsecoomb is a signatory. She was unfortunately unable to take part in this debate.

My noble friend would have referred to the fact that the Covert Human Intelligence Sources (Criminal Conduct) Bill allows blanket legal protections for undercover police and informants. The forthcoming overseas operations Bill creates similar new protections against prosecution for military personnel acting overseas. The Government have fought intensely for these protections against prosecution for the police and the military; they have fought against many attempts in your Lordships’ House to reduce or check these protections. In that context, how would the Minister explain—having granted such broad protections to the police and military, even in cases of fundamental wrongdoing—why the Government should refuse what are comparatively far more limited legal defences for survivors of domestic abuse, particularly with such well thought-out and well drafted amendments by the noble Baroness, Lady Kennedy of The Shaws?

Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
- Hansard - - - Excerpts

I am grateful to the noble Baroness, Lady Bennett of Manor Castle, for that question. I do not wish to be thought flippant in any way, but the short answer is that the situations are different, and therefore you have different considerations and different legal results. However, if she will permit me, given that I am not personally acquainted with that sort of detail—certainly of the overseas operations Bill—to respond to her this evening, I will add to my reply in writing.