Domestic Abuse Bill

Baroness Finlay of Llandaff Excerpts

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

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, I wish to speak to Amendment 11, to which I have added my name. It is in the name of my noble friend Lady Grey-Thompson and was powerfully introduced by my noble friend Lady Campbell of Surbiton. It seeks to extend the definition of “personally connected” to both paid and unpaid carers. This reflects the reality for many people who require care or assistance due to having a disability and may have a significant trusting relationship with people outside their family. I also support Amendments 7 and 12 in this group.

A key part of the lives of disabled people are carers who are paid, and unpaid friends, neighbours or family members who provide care or assistance. These people are in a trusted relationship, a trusted position, and have access not only to the person’s possessions and paperwork but to the person’s body. They have access to medication and equipment. Trusting someone in this way creates a close emotional attachment to the extent that, over time, the carer becomes like family. However, such a personal connection increases the risk of physical, sexual, emotional and financial abuse.

We know, sadly, that disabled people are much more likely to experience domestic abuse than others. According to the Crime Survey for England and Wales, 13.8% of disabled women experienced domestic abuse in 2018-19. This is likely to have increased during the pandemic. These statistics are likely to be an underestimate and do not usually account for abuse by carers with a personal connection. Speaking out may be particularly hard for women with learning disabilities, expressive disorders, those who speak little English, or those who may have been threatened with institutionalisation or losing their children.

Many disabled people live alone and have experienced difficult relationships with relatives. A carer may be the only significant person they are connected to, and they may feel that they have no one else to turn to if a carer becomes controlling or physically abusive. It is vital that paid carers are properly assessed for the risk of domestic abuse, and sufficient safeguards to prevent abuse must be put in. While many informal unpaid carers are often motivated by friendship, there are numerous case studies of some who have deliberately befriended a disabled person living alone to abuse them.

I have a concern about Amendment 13 as an amendment to Amendment 12, as it seems to possibly narrow protection for those who stay in supported living but whose main home is with their parents—neither home is their own, yet they may be victims. I listened carefully to the noble Lord, Lord Blunkett. I can see that there is a separate argument for strengthening the Care Act, as it currently fails disabled victims of any form of domestic abuse. However, having two distinct laws and processes for supporting different victims of the same type of abuse is discriminatory. As we will discuss when we come to best interests being used as an inappropriate defence, it risks leading to disabled victims not being protected or supported. Without a change in the definition of “personally connected”, we will fail to protect the victims of abuse by non-family carers and deny them access to the much-needed services available to other domestic abuse victims.

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[Lord Alton of Liverpool (CB) [V]]

My Lords, I thank the noble Baroness, Lady Stroud, for raising this crucial issue. There are four amendments in this group, and I would like to speak to Amendments 15 and 172.

Amendment 15 underlines the importance that the noble Baroness has rightly attached to recognising in the Bill the developing child in the womb. Amendment 172 seeks to place a requirement on the Secretary of State to make provisions for publicly funded trauma-informed and attachment-focused therapeutic work to be made available to all parents of children aged under two years old, where those children are victims of or otherwise affected by domestic abuse.

In parentheses, I also support Amendments 20 and 179 relating to the functions and powers of the domestic abuse commissioner and the Secretary of State.

As the noble Baroness, Lady Stroud, reminded us, at Second Reading the Minister, the noble Baroness, Lady Williams of Trafford, said—and I wholeheartedly agree with her—

“No age group has been left out of the debate, including the unborn child and the foetus”.—[Official Report, 5/1/21; col. 124.]


She went on, though, to say that noble Lords

“rightly drew attention to the devastating impact that domestic abuse can have on children and young people. I talked about the foetus earlier—those adverse impacts start when that child is in the womb. Growing up in a household of fear and intimidation can impact children’s health, well-being and development, with lasting effects into adulthood—in fact, all their lives.”—[Official Report, 5/1/21; col. 129.]

The noble Baroness, Lady Williams, is undoubtedly right. Her words reinforce the arguments of the noble Baroness, Lady Stroud, about the importance of naming the unborn in the Bill, which is what Amendment 15 seeks to do.

As it stands, the Bill’s definition of children does not adequately capture the child in the womb or acknowledge that they too can be victims of domestic abuse. As Amendment 15 recognises, and as other noble Lords have said, there are currently significant baby blind spots in the legislation; “a child”, as a catch-all term, does not adequately encapsulate the unborn’s unique experience of abuse in utero.

As the Bill stands, there is no requirement on the commissioner to encourage best practice in the identification of domestic abuse affecting the unborn, and likewise no requirement on the Secretary of State to issue guidance on how domestic abuse affects the unborn. This lacuna leaves a large gap in our approach to domestic abuse policy. The unborn experience of domestic abuse in utero can live with a person for the rest of their life. As the noble Baroness, Lady Warwick, said, it has been suggested that 30% of domestic abuse begins during pregnancy.

We can come to a fuller understanding of the issue by looking at it from a positive, rather than negative, perspective. I once participated in an inquiry chaired by the late Lord Rawlinson of Ewell, a celebrated Queen’s Counsel and former Attorney-General. The inquiry examined sentience in the womb. It concluded that, rather than being born as a blank slate or the first page of a new book, at birth a newborn baby already has surprisingly extensive experiences of the surrounding world. It was interesting to hear the noble Lord, Lord Brooke of Alverthorpe, recount his own personal experience of the impact of an experience he had while in the womb.

Yehudi Menuhin, the renowned violinist who became a Member of your Lordships’ House, once said he first learned his love of music in his mother’s womb. Indeed, his mother was once told, “Madam, your womb is a veritable conservatoire.” Significant research has shown that listening to and experiencing music stimulates the brain of a baby in the womb and assists the growth of brain structures. Some studies suggest that babies remember music they listened to in the womb for months after being born. Music during pregnancy can have a soothing and uplifting effect on the pregnant woman, but also a positive influence on her unborn child. The womb can be a child’s first concert hall.

Conversely, as intimated during our debate, the Rawlinson inquiry also heard evidence of the effect of negative experiences on the development of a child in the womb and the long-term sequelae. Sadly, the unborn can experience any number of physical traumas when a perpetrator targets the baby violently while still in a mother’s womb. The research also indicates that domestic abuse during pregnancy is associated with poor obstetric outcomes, including low birth weight and pre-term birth.

As the noble Baroness, Lady Stroud, intimated, a mother’s emotional state has a direct influence on foetal development. As we have heard, stressors can negatively disrupt neurodevelopment in utero, which in turn impacts the cognitive functioning and emotional regulation of the child. This can be a life sentence. For all these reasons, I hope that Amendment 15 will be accepted.

I will also speak briefly about the importance of Amendment 172 about access to support for parents. The whole Bill is for naught if there are no provisions to allow people to get the help they want and so often desperately need. This admirable legislation is a once-in-a-generation opportunity to develop a step change in our response to domestic abuse. The reality is that the vast majority of victims—an estimated 70%--never set foot in a refuge and remain at home or in alternative housing. They must therefore have access to support that can actually change behaviour. We must recognise that these first days and weeks of life are also an effective time for intervention. Surely we want to be pragmatic with this Bill.

Like others, I was struck by an evaluation of the For Baby’s Sake programme, led by King’s College London, which provides trauma-informed and attachment-focused therapeutic support for parents. It found that support at this first moment—to which we can all point and say, “That is when I began to be me”—can harness parents’ motivation and empower them to make changes for their baby and themselves. The noble Baroness, Lady Armstrong, alluded to this in her excellent contribution earlier.

The Committee should note that a SafeLives report highlights that 80% of survivors said they think interventions for perpetrators are a good idea. A main conclusion from Breaking Down the Barriers: Findings of the National Commission on Domestic and Sexual Violence and Multiple Disadvantage was the call from survivors for trauma-informed support to break traumatic cycles.

Trauma-informed and attachment-focused therapeutic work is about meeting parents where they are, not where we would want them to be. This therapeutic work should be publicly funded and accessible to all parents in the same way that we offer universal mental health support through the National Health Service. Amendment 172 is therefore about changing the cultural and social landscape around domestic abuse for the next generation. If we only fund refuge and not intervention, we miss a crucial piece of the puzzle in breaking the cycle of domestic abuse.

Amendments 15 and 172 provide the right architecture and structure, a firmer and surer foundation, for making the womb and early days a less dangerous place in which to be, and they help to create an environment in which the baby is loved, cherished, and nurtured. On a personal level, having recently seen the picture of a new, soon to be born, grandchild in the womb—a magical glimpse, now routinely provided by science, of the infinite beauty represented by the delicate formation of a unique, new human being—I am especially pleased to be able to add my voice to those supporting the noble Baroness and her cross-party supporters.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, it is an honour to follow my noble friend Lord Alton of Liverpool. In speaking in support of these amendments, I must declare an interest as chair of the Commission on Alcohol Harm.

I would like to reinforce the points made by the noble Baroness, Lady Newlove, on foetal abuse by alcohol during pregnancy. The UK is estimated to have the fourth highest rate of alcohol use during pregnancy in the world, with an estimated 41% of women using alcohol during pregnancy. Alcohol exposure in the womb, particularly in early pregnancy, can result in foetal alcohol spectrum disorder, the severe end of which is foetal alcohol syndrome. It is the most common cause of non-genetic learning disability worldwide, and costs the UK around £2 billion a year. Neurological difficulties affect communication, comprehension, attention span, executive function, social skills and decision-making. The huge impact on the child’s wellbeing, from damage that started long before birth, may also be indicative of alcohol-driven domestic abuse later in life.

The Children’s Commissioner’s 2018 report, A Crying Shame, found,

“over 50,000 children aged 0-5 years old – including around 8,300 babies under 1 – living in households where… domestic violence and adult alcohol or drug dependency, and adult severe mental ill-health”

were present. These three factors are often found together.

Shockingly, 26% of 18 to 25 year-olds in the UK are unaware that it is safest not to drink when pregnant. What are we doing to make new mothers aware of the risk of foetal alcohol syndrome and the need to avoid the unintended domestic abuse of unborn children? What are we doing to help these women? The cyclical link is that they might use alcohol to cope with the abuse they experience but, in the process, they inadvertently damage their baby.

As the noble Baroness, Lady Stroud, and the noble Lord, Lord Alton of Liverpool, explained, there is also evidence that a high level of fear in pregnant women can result in a high level of anxiety in the born baby. Although the wording of the amendments might not yet be quite right, the intention behind them must not be lost, and I hope that the Government will discuss better wording for them with the noble Baroness, Lady Stroud.

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[Baroness Newlove (Con) [V]]

My Lords, I speak to Amendments 16, 17, 18 and 19, which are of particular interest to me as the former Victims’ Commissioner for England and Wales. Noble Lords may remember that I had to make a complete new office, once the first commissioner, Louise Casey, stood down from the role to take on the Troubled Families Unit. I fully understand how the designate domestic abuse commissioner, Nicole Jacobs, feels. I have full confidence in her as domestic abuse commissioner, as she is very articulate and knowledgeable, and brings a different context to the role.

I take the point of the noble Lord, Lord Hunt, on the flexibility of a part-time appointment. When I began as Victims’ Commissioner, it was part-time, because I had my other role as champion for anti-social behaviour. The Victims’ Commissioner role was more or less full-time, so I was working for many hours not counted for. I had a conversation with the Secretary of State, and then worked full-time. I therefore agree with the noble Lord, Lord Hunt, on giving the commissioner the flexibility to have discussions with the Secretary of State, whether that role be full-time, four days, or three days. We should take a flexible approach.

Independence is an interesting word, and again I agree with the noble Lord, Lord Hunt, that it comes down to the robustness of the individual. Independence to people outside can mean one of two things: that one is independent from government and is not saying “Yes Minister”. Independence can also provide armour when having discussions with the Secretary of State and other departments. But it is important for everybody to recognise that the domestic abuse commissioner is independent from government because they are advising the Government on what is essential.

Amendments 18 and 19 are the most important: I agree with the noble Baroness, Lady Hamwee, about appointing staff, which is something I had to challenge in my first three years as Victims’ Commissioner. It has to come from who you want to work with: if the Secretary of State picks your staff, this really does not show that you are independent. You need to feel comfortable with your staff, so that you can map out a plan of work you want to do and, to be perfectly honest, so that you can feel you have loyalty within your team and know you are going out there and giving independent advice back to government.

The commissioner must have the ability to appoint staff, but this depends on the budget as well. How big a budget you can have, and how much you can allocate to a proper team for a national role, is really important. I had six members in my team, finally, but this is a national role and it is so important that we support the domestic abuse commissioner with all the tools available.

On that point, I ask my noble friend the Minister: has the designate commissioner already got an office of her own, so that she can begin her role once the Bill gets Royal Assent? It is so important to have independence from government, so that victims and survivors of domestic abuse can have the confidence to come in to see the commissioner and can have clarity, and be able to feel, that they have an open, practical and personal office to come to.

As the noble Lord, Lord Hunt, mentioned, it is robust experience and personality that will make the role excellent, and Nicole Jacobs is an ideal individual for it. I just want the Government to give her the tools to work with and the budget to enrol the staff that she should have to give confidence to those on the outside—so that victims and survivors of domestic abuse can believe in the role and the passion that Nicole Jacobs brings to it.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, I wish to speak in support of the spirit of these amendments and the arguments so clearly explained by the noble Baronesses, Lady Hamwee and Lady Newlove, and the noble Lord, Lord Hunt of Kings Heath. They have explained why these amendments are needed, certainly in spirit, even if the wording of some of them is not quite right for the face of the Bill.

If the commissioner position was made full-time and the commissioner was able to appoint staff, they could better determine the scope of work and allocation of resources to respond according to need. It is an important fact that the commissioner needs to have some control.

To take one example—I have already declared that I chaired the Commission on Alcohol Harm—we know that, in general, lower socioeconomic groups experience higher levels of alcohol-related harm, particularly violence. The poorest groups are most affected by alcohol-related domestic abuse. You see this with the number of instances of alcohol-related domestic abuse every year, which are fourteenfold in that group compared with the least deprived. The prevalence rate of alcohol-related domestic violence is five times higher among the most disadvantaged groups compared to the least disadvantaged.

This is a huge job. The commissioner must be free to make decisions on how the budget is used, have their own independent office space and not feel in any way stifled by any influence from government in the work that has to be undertaken.

[Baroness Burt of Solihull (LD) [V]]

My Lords, as my noble friend Lady Hamwee has outlined, the aim of this group of amendments is to ensure that the commissioner is independent and able to perform her role unhampered by time and resource constraints.

The term “independent” would be in the title, reinforcing, as with the role of the anti-slavery commissioner, that this person can be free to represent victims as they see fit, reporting to the whole of Parliament, not just the Secretary of State, and paid full-time. This has been questioned by several noble Lords, including the noble Lords, Lord Rooker and Lord Hunt, and the noble Baroness, Lady Newlove. The thinking behind this, frankly, is that it is demeaning to the post to imagine that its holder could ever be regarded as a part-timer, given the scale of the challenge she faces. However, we did not intend that there should be no flexibility in the role at all.

The commissioner should of course appoint their own staff, carrying out the challenges of the role as they see fit within the constraints set out in this Bill; the ex-Victims’ Commissioner, the noble Baroness, Lady Newlove, emphasised this, showing how important that element is. It is a hugely important role: let us give her the tools to do the job.

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Moved by

[Baroness Finlay of Llandaff]

21: Clause 7, page 4, line 20, at end insert “, including substance use, addictions and mental health support.”
Member’s explanatory statement
This amendment specifies that the good practice that the Commissioner must encourage in providing protection and support to people affected by domestic abuse must include substance use and mental health support.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, as I have already, I declare my interest as chair of the Commission on Alcohol Harm. I am most grateful to all who worked with me on our report. The noble Lord, Lord Ribeiro, was one of the commissioners, and I know he is logged in and may have questions later. He missed signing up to speak today.

These amendments are designed to ensure that the close link between substances, particularly alcohol, and domestic abuse is taken into account throughout the Bill. I have already referred to the close link between alcohol and domestic abuse. A World Health Organization report in 2006 drew attention to research that found that alcohol use increases both the occurrence and severity of domestic violence.

Alcohol Change UK has reported police data showing that domestic incident call-outs increase at times when alcohol consumption is elevated—for example, during contentious football matches or cultural events such as new year. Shockingly, within intimate relationships in which one partner has a problem with alcohol or other drugs, domestic abuse is more likely to occur than not. This was reported by Galvani more than a decade ago, yet still continues behind closed doors and not really recognised.

Although closely linked, the relationship between alcohol and domestic abuse is complex. We know that alcohol is not the root cause of abuse, and it is certainly never an excuse for abusive behaviour.