Domestic Abuse Bill

Debate between Lord Brooke of Alverthorpe and Lord Marks of Henley-on-Thames

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Lord Brooke of Alverthorpe (Lab) [V]]

My Lords, I am very grateful to have the opportunity to speak in support of the noble Baroness, Lady Finlay. I declare an interest as a member of the Commission on Alcohol Harm, which she chaired so admirably, where I saw much of the evidence on the difficulties and consequences that arise from an abuse of alcohol.

The Minister is probably not surprised that I am speaking on this, as we have had many exchanges, over many years. I want to speak in general terms about the direction of policy. These amendments are about trying to give the commissioner the tools, support and all that she might need to explore all the different avenues with which she has to work to find solutions to the problems that she faces. As the noble Baroness, Lady Finlay, said, it is not alcohol alone; it is one of several issues, but it is an important one.

Our feeling is that, when the Conservatives came to power—they have been in power for over a decade now—they started ambitiously, under David Cameron, in trying to address the problems arising from alcohol in the widest sense; here we are focusing particularly on abuse in the family. In many areas, regrettably, matters have deteriorated. There have been some improvements but, latterly, we have found more people being taken ill with alcohol and more people dying through obesity linked to alcohol, with Covid-19 and a range of other issues that have troubled us greatly.

I seek an assurance from the Minister that, notwithstanding all the campaigning that we have done and the many areas where we have failed to make progress, on this one the Government will take alcohol seriously as a factor closely linked to the problem. I say that having met the Minister last week to talk about perpetrators, when we were accompanied by the Minister who steered this through the Commons, who I did not feel was inclined to take alcohol as seriously as it ought to be. I am not saying this about the noble Baroness, Lady Williams. The view was, “Well, let’s not go down that avenue—most people drink responsibly, and we do not have problems with the overwhelming bulk of people drinking.” We are talking here of a problem that has deteriorated. There is more domestic abuse now and problems with alcohol in certain areas.

The devolved Administrations have done well and are ahead of us, but in England we have been slow to act. This opportunity, in the creation of the commissioner and the need to provide her with support, gives us a chance to get down into the detail. We have specialist advice, so she should get the best research and tools, so that the best possible outcomes flow forth, so that we see abuse reduce. It is inflicted mainly on women, but on men, children and older people too. I hope the Minister does not just gives us reassuring words but commits to giving the commissioner all the tools in this area, so that we start to see real change taking place.

[Lord Marks of Henley-on-Thames (LD) [V]]

My Lords, the Committee has every reason to be grateful to the noble Baroness, Lady Finlay, and the others who have tabled amendments in this group. We will all be grateful to the Government if they secure a positive response. It is not enough to thank the movers for the amendments, to acknowledge their importance and express concern, but not accept them. That would be an inadequate response. The symbiotic link between substance abuse, mental health issues and domestic abuse is so strong and all-pervading, as the noble Baroness has explained, that it needs to be specifically recognised in this legislation and met with positive statutory commitments to take every step that we can to ensure that the link is recognised and, as far as possible, addressed.

In May 2019, in a paper called the Dynamics of Domestic Abuse and Drug and Alcohol Dependency, published in the British Journal of Criminology, a group of distinguished academics drew together the literature on these issues in connection with the precursor of this Bill. They cited

“the findings of domestic homicide and serious case reviews … which reveal the pertinence of a ‘toxic trio’ of domestic abuse, mental health issues and drug and alcohol problems in cases where women or children are killed”,

and considered

“how substance use features in around half of intimate partners homicides in the United Kingdom”,

according to Home Office figures. They pointed out that the Government’s consultation paper

“Transforming the Response to Domestic Abuse followed suit, highlighting the ‘complex needs’ of those living with ‘drug and alcohol misuse, offending, mental illness and poverty’”.

The American Society of Addiction Medicine cites studies showing that victims and abusers are 11 times more likely to be involved in domestic violence incidents on days of heavy substance abuse, and that domestic abuse against women who are with men who drink alcohol is up to four times more likely than in relationships with men who do not drink or take drugs. World Health Organization figures suggest that 50% of men accused of killing their spouses were drunk at the time.

Research led by Professor Seena Fazel, professor of forensic psychiatry at Oxford University, and published by the Public Library of Science, tracked 140,000 men who had been clinically diagnosed with a drink or drug problem and analysed how many had been later arrested for domestic abuse offences. For those dependent on alcohol, the figure was six times higher than the average; for those with a drug problem, the figure was seven times the average. The study also found an increased risk of partner violence among men with mental illnesses and behavioural disorders, and an interrelationship between mental disorders—particularly ADHD, personality disorders and clinical depression—and the use of drugs as coping strategies, as well as with the perpetration of domestic violence, hence the description of the “toxic trio”.

No one is suggesting that substance abuse is or ever can be an excuse for domestic abuse. However, the relationship between the two is undeniable. It does, of course, work both ways, on victims as well as abusers. The British Association of Social Workers, in its extremely well-presented guide for social workers, Substance Use and Domestic Abuse, cites research demonstrating that victims of physical or sexual domestic abuse have an increased likelihood of alcohol or drug abuse, but it also points out that the substance abuse may predate the abusive relationship. It says this about the position of victims:

“For some victims of abuse, during times of turmoil, substances may be the only constant in their lives that they can depend on. Perpetrators may also use substances to control their victims, in such ways as limiting victim’s access to substances, demanding sex for substances, or using substances as an apology after an abusive episode. Among victims of abuse, the relationship with their partner may be intertwined with their relationship with substances, making separation more complex.”


Most of this work is relatively recent. Society as a whole is hidebound by outdated attitudes and prejudices around domestic abuse, and these are only now being dissipated. They extend to the judiciary—a matter currently under consideration by the Court of Appeal in a case that started last week—and these questions came under close consideration by the Ministry of Justice in its paper last June Assessing Risk of Harm to Children and Parents in Private Law Children Cases. The Bill represents a major step along that journey. I urge the Government to accept all these amendments to bring a sharp focus on what are undoubtedly complex and difficult inter-relationships, but ones which lie at the heart of tackling domestic abuse.