Domestic Abuse Bill

Baroness Morris of Bolton Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, the arrival of this Bill in the House, slow as it has been, is a huge victory for campaigners—something that must not be forgotten. That a right-wing Government should plan to acknowledge the many ways abuse can occur within the family, not just physical violence, is really radical progress. Recognition of the reality and seriousness of physical violence within the family little predates the start of this century, the early history of which the noble Lord, Lord Young of Cookham, set out. A hashtag sums up my point: #CampaigningWorks.

Victories inspire and encourage. Despite everything else going on, like many other noble Lords have noted, I have seen my inbox fill up quicker with briefings and proposals for improvements to this Bill than any other. That is where I get to the inevitable “but”: this crucial Bill should, and can, be much stronger to address the many issues of inequality, poverty and powerlessness that Covid-19 has exposed and amplified. As the noble Lord, Lord Blunkett, acknowledged with commendable frankness earlier, previous legislation has been inadequate. We need to get this right.

My noble friend Lady Jones of Moulsecoomb has already addressed many issues and I will not repeat those. Top of my list is “no recourse to public funds”—the immigration status that can effectively trap victims in abusive relationships. Only 5% of refuge places are available to women with “no recourse to public funds” status. The Step Up Migrant Women campaign makes many important points about how abusers can use immigration status and the threat of deportation against their victims. The law, and the Government’s hostile environment, must not be collaborators in domestic abuse. All services must be available without discrimination or danger; that is a fundamental principle of the Istanbul convention.

Another familiar theme is the discriminatory nature of universal credit. As our House expert, the noble Baroness, Lady Sherlock, outlined, its household basis is profoundly dangerous and, of course, its level inadequate. At a minimum, there should be a requirement in the Bill to ensure that separate payments are made by default and advances paid as grants to survivors of domestic abuse. All welfare changes—and the current system—should be assessed for their impact on abuse victims and the possibility of escape, and the obvious problems presented by the benefits cap should be ended.

Employers too, as the TUC stresses, need to have a statutory duty to support affected staff, including provision of a period of paid leave. But the only way to ensure that everybody has the resources they need to escape an abusive relationship is an unconditional payment to meet their needs: a universal basic income.

However, services would still be needed. As Women’s Aid notes, there is a 30% shortfall in the number of refuge spaces, measured against need, and 64% of people referred in 2018-19 had to be turned away. Funding for specialist, dedicated services, both residential and in community, needs to be long term and secure, and guaranteed in the Bill. The market approach, of making effective, in-place services bid again and again for contracts, is enormously wasteful and destructive.

What is also lacking in the Bill is a requirement for all publicly funded services to make trained inquiries into current and historical domestic abuse and sexual violence standard practice, as the noble Baroness, Lady Armstrong of Hill Top, highlighted. Also, far more needs to be done in the Bill to ensure that family courts are fully aware of, and acting on, the risks and dangers that domestic abusers present. A Ministry of Justice panel concluded that the presumption of contact should be “urgently reviewed”. That has been started, but there is already ample evidence of the need to act. As a mother told that inquiry:

“It is not correct to assume, before investigation, that somebody will further a child’s welfare just because they share his/her genes.”


While we are talking about protecting children, I draw the House’s attention to the so-called “smacking bans” in Scotland and Wales, and note that the Bill could be an ideal opportunity to introduce that to England.

Finally, I associate myself with the remarks of the noble Baroness, Lady Kennedy of The Shaws: moments of change are rare and should be seized.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

I now call the noble Baroness, Lady Massey of Darwen.

[Lord Parkinson of Whitley Bay (Con)]

I think there are some technical problems in reaching the noble Baroness, Lady Massey of Darwen, so perhaps we should move on to my noble friend Lady McIntosh of Pickering.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

I call the noble Baroness, Lady McIntosh.

--- Later in debate ---

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, the noble and learned Lord, Lord Morris of Aberavon, and the noble Baroness, Lady Massey of Darwen, experienced technical problems, so we will try again. I call the noble and learned Lord, Lord Morris of Aberavon.

Domestic Abuse Bill

Baroness Morris of Bolton Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021 Lords Chamber

Amendment 121 withdrawn.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 122. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and that anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 122

Moved by

--- Later in debate ---

A more generous view of legal aid in domestic abuse proceedings, and of the evidential and financial thresholds to qualify for it, has long been called for by the legal professions and almost everyone who knows this field. The review is of course helpful, but we fear it may not go far enough. I hope it does and that the Minister helps it on its way, but meanwhile I urge the Government to accept the amendments, or at least to consider them at this stage, and to come back on Report with proposals that meet our concerns. I beg to move.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

The noble Lord, Lord Naseby, who was due to speak next, is still in the debate in Grand Committee, so I call the Minister.

--- Later in debate ---

Clause 63, as amended, agreed.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 124. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate and that anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

--- Later in debate ---

Clause 64 agreed.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 130. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 130

Moved by

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I am not quite sure what right of reply I have, since my name is not shown on the speakers’ list as being able to speak at the end of this debate. I do not want to test the patience of the House, so I had probably better keep my comments brief.

It was the expert panel set up by the Ministry of Justice which came to the conclusion that the presumption in favour of contact

“further reinforces the pro-contact culture and detracts from the court’s focus on the child’s individual welfare and safety.”

I would add that my amendment does not prevent a court coming to the conclusion that, nevertheless, where there is domestic abuse, there should still be involvement with both parents. It is just that it would not start off with a presumption that it should be the case.

I will leave my comments there. I thank the Minister for his full response, and thank all noble Lords who took part in the debate. Bearing in mind that I am not actually shown as having a right to speak at the end, I had better conclude my comments by begging leave to withdraw my amendment.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

The noble Lord was entitled to speak. He was just left off the list inadvertently.

Amendment 130 withdrawn.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 131. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and that anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Amendment 131

Moved by