Domestic Abuse Bill

Viscount Goschen Excerpts

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

[Viscount Goschen (Con) [V]]

My Lords, I too wish to welcome the Bill, which has received such widespread support. The Government are to be congratulated on bringing forward this important legislation.

Understanding of the nature of domestic abuse has grown immeasurably over recent years, not least as the result of powerful and effective advocacy from campaigning organisations. We have certainly come a long way from the situation historically, when domestic crime was seen in some quarters to be a private matter, to the current position where the dangers and severity of these crimes are properly recognised. This understanding has highlighted the need for bespoke, targeted legislation, which is indeed what we have before us.

I well recall the debate in this House we had in July 2017, introduced by my noble friend Lady Manzoor. The prospect of this Bill was a major focus point of that debate three and a half years ago, and now we have it before us today. As many others have stated, it represents a once-in-a-generation opportunity to strengthen the legislative framework in this area, to target it more effectively and, of course, to provide proper safeguards.

I have learned a great deal from the speeches today, some of which, I have to say, have made very difficult and harrowing listening. Beyond expressing my broad welcome for the Bill, I would like to use my limited time to lend my support to one specific issue, which is the protection provided to a victim who is no longer living with the perpetrator—an issue raised by my noble friend Lady Bertin and the noble Baroness, Lady Lister, among others.

In considering this issue, I am indebted to research from the University of Sussex, which has highlighted a significant problem with the current legislative settlement. As we have heard, the essence of the problem is that the Serious Crime Act 2015—the legislation that creates the offence of coercive or controlling behaviour—has a residency requirement, which means that the victim and the perpetrator need to be living together for the offence to be covered by the provisions of the Act. This means that former partners who were previously living together but now live apart are not caught by this provision, and thus, the full protection of the Act is not provided. This anomaly provides a perverse disincentive to victims considering, or in the process of, leaving their partners. We also know from research that separation from an abusive partner can be a trigger to violent behaviour, even homicide.

With the Bill before us we have a very straightforward solution to the problem. The enhanced definition of connected persons in Clause 2, right at the front, does not have that residency restriction in it. It therefore seems entirely logical for this new, enhanced definition to replace the equivalent provision in the Serious Crime Act. We would then have harmonisation, or coherence in the law, as the noble Baroness, Lady Kennedy of The Shaws, used in another context.

This Bill is classic House of Lords territory. Seldom have I heard such consensus around the Chamber in support of the overall policies contained in a major Home Office Bill, with almost all contributions focused on detailed areas where improvements can be made. We are very fortunate indeed to have a Minister handling the Bill who is herself an expert in this field, and we can look forward to detailed and pragmatic consideration of the forthcoming stages.

[The Deputy Speaker (Baroness Fookes) (Con)]

The next speaker, I hope, is the noble and learned Lord, Lord Morris of Aberavon. We cannot hear him.

Domestic Abuse Bill

Viscount Goschen Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I support Amendment 149, as so excellently moved by the noble Baroness, Lady Lister, who I warmly congratulate on all her work in this area. Amendment 149 relates to the abuse perpetrated after people have separated. I too thank Surviving Economic Abuse for its excellent work and briefing.

Economic abuse after separation can particularly affect older women, many of whom have been financially dependent on a partner who traditionally managed the family’s finances and then, after they have stopped living together, continues to try to withhold money or run up debts in the woman’s name, without her realising it in time. I also support Amendment 157, spoken to so well by the noble Lord, Lord Hunt, which relates to the problem of abuse suffered by older people generally. They can suffer many different types of abuse. Further, I add my support to Amendment 171, which looks at carers and the abuse that can be perpetrated against elderly or disabled victims; this need to be covered as well.

As my noble friend Lord Cormack has said, the Domestic Abuse Bill is a ground-breaking, landmark piece of legislation. It contains some important measures to ensure that the statutory definition of domestic abuse is really wide-ranging. Amendment 149 seeks to ensure that this legislation is clearly consistent with other legislation. The Domestic Abuse Bill is an ideal avenue to address inconsistency with the Serious Crime Act 2015, and to extend the current offence of controlling or coercive behaviour in Section 6 of that Act to ensure that it covers abuse post separation.

Currently, Section 76 limits this offence to those situations where the perpetrator and victim are either in an intimate relationship with each other or living together as either members of the same family or having previously been an intimate relationship. Under the 2015 Act, the two people have to meet the definition of being personally connected, but this would exclude two individuals who are no longer in an intimate relationship or living together.

Without the changes in these amendments, abusive behaviours such as economic abuse by one partner towards the other cannot necessarily fall within the existing offence of controlling or coercive behaviour. This is a crucial gap in the law, which Amendment 149 seeks to close by unequivocally making the 2015 Act and the definitions in this Bill consistent, so that abuse perpetrated when people are not living together can still be counted as a criminal offence. Indeed, if this amendment is accepted, my own Amendment 168, debated on the first day in Committee, will automatically be covered.

Existing legislation on stalking and harassment is not suitable to address post-separation abuse, and I hope that the Minister will be able to clarify to the Committee that the Government support the aims of this amendment and, if they do not accept these words, may come forward with their own wording on Report that can ensure that the coercive control offence will be brought into the criminal law in line with the statutory definition of domestic abuse to remove the current anomaly, so that victims need wait no longer for this much-needed protection. Whether this is about controlling or coercive behaviour, alienating behaviour or other forms of abuse, the criminal law will then be able to catch up with the more enlightened understanding of domestic abuse enshrined in the Bill.

[Viscount Goschen (Con) [V]]

My Lords, I, too, offer my support for Amendment 149 in the name of the noble Baroness, Lady Lister. I also heard compelling arguments from the noble Lord, Lord Hunt, and the noble Baroness, Lady Greengross, for their Amendment 157.

With regard to Amendment 149, we have heard some very compelling arguments this evening. Indeed, there has been unanimity thus far, and I expect that to continue. This proposal was the primary subject of my remarks at Second Reading. As we have heard, the protection afforded by Section 76 of the Serious Crime Act is limited by the residency requirement it contains. I completely agree with earlier speakers—indeed, it is self-evident—that victims can still be extremely vulnerable to abuse from their former partners even if they are not living together under the same roof. Research from bodies including the University of Sussex has reinforced the nature of this threat. They are concerned, quite rightly in my view, that this discrepancy creates a perverse disincentive for victims physically to leave their former partners.

Fortunately we have the solution to this problem staring at us from the Domestic Abuse Bill before us this evening. The enhanced definition of connected persons in Clause 2 does not have this residency requirement, as we have heard. Therefore, it seems entirely logical to harmonise the law between these two statutes. The clearer the law, the better, and there is no room for two competing definitions on the statute book. We need to choose the most effective one, and in my view that is the one contained in Clause 2. This is really extremely difficult to argue against, given that the Government have come forward with a new definition that is based on the lessons learned in the intervening five years. Why this should not be applied in these circumstances would be a difficult argument to make. So the issue is really as straightforward as that and, not surprisingly, the amendment has had a great deal of support to date both inside the House and externally, and I add my support.

The Bill has the potential to do so much good, and the Government should be warmly applauded for having brought it forward. Making the change proposed in this amendment would add further to those benefits. As I mentioned at Second Reading, we are fortunate enough to have a Minister with us this evening who is an expert in this field, and I very much look forward to my noble friend’s response after she has heard the arguments put forward this evening.