Domestic Abuse Bill

Baroness Lister of Burtersett Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

Moved by

[Baroness Lister of Burtersett]

45: Before Clause 65, insert the following new Clause—
“Controlling or coercive behaviourControlling or coercive behaviour in an intimate or family relationship
(1) Section 76 of the Serious Crime Act 2015 (offence of controlling or coercive behaviour in an intimate or family relationship) is amended as follows.(2) In subsection (1)(b), after “personally connected” insert “(see subsection (6))”.(3) Omit subsection (2).(4) For subsection (6) substitute—“(6) A and B are “personally connected” if any of the following applies—(a) they are, or have been, married to each other;(b) they are, or have been, civil partners of each other;(c) they have agreed to marry one another (whether or not the agreement has been terminated);(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);(e) they are, or have been, in an intimate personal relationship with each other;(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));(g) they are relatives.(6A) For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—(a) the person is a parent of the child, or(b) the person has parental responsibility for the child.”(5) In subsection (7), for “subsection (6)” substitute “subsections (6) and (6A)”.”Member’s explanatory statement
This new Clause would align the definition of “personally connected” in section 76 of the Serious Crime Act 2015 with that in Clause 2 of the Bill. The result is that the offence under that section of engaging in controlling or coercive behaviour would apply in relation to members of the same family, or people who have been in an intimate relationship, whether or not they live together.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, it is with great pleasure that I introduce Amendment 45 and consequential amendments, with the support of the noble Baronesses, Lady Williams of Trafford—it is not often I say that—Lady Bertin and Lady Sanderson of Welton. Aligning the definition of “personally connected” in the Serious Crime Act 2015 with that in the Bill would mean that the offence of controlling or coercive behaviour would apply whether or not the abuser and abused actually live together. It would therefore cover situations of non-domiciliary family abuse, which my noble friend Lord Hunt of Kings Heath raised in Committee, and post-separation abuse, which was the focus of my own original amendment.

Noble Lords will recall that, in Committee, there was unanimous support for that amendment. The situations we heard about were described using words such as “heart-breaking”, “tragic” and “unacceptable”, and the particular implications for older and black and minority ethnic women were brought out. Victims of post-separation abuse, and in particular economic abuse, told us of its “crippling” effects and of the “invisible chain” that it forges with an abuser they thought they had escaped. A number of noble Lords called on the Government to bring forward their own amendment if they had problems with the one I tabled. I am happy to say that that is exactly what they have done, to the credit of the Minister, who also generously suggested that the government amendment should be tabled in my name.

During the Bill’s earlier stages, Ministers said that they had to await the findings of the delayed research report that reviewed the controlling or coercive behaviour offence. In fact, this report rather sat on the fence when it came to recommending legislative change, which suggests that the Government genuinely listened to the strength of opinion expressed by your Lordships in coming to a decision. I am therefore really grateful to all the noble Lords who supported my amendment in Committee. I am particularly grateful to the noble Baroness, Lady Bertin, whom I have thought of as a noble friend because of the support that she has given me and whose commitment on these issues is second to none.

Together with a number of other noble Lords, we attended a round table the other week hosted by the domestic abuse commissioner designate, whose support has also been a significant factor, I am sure. At it, a number of participants raised the important issue of training, which we discussed more generally in relation to earlier amendments and, of course, on which we have just voted. This was one of the key findings of the official review:

“When attending domestic abuse incidents, it is vital that the police (including domestic abuse specialists) have the training and specialist resources needed to establish whether there are patterns of controlling or coercive behaviours underlying the incident that led to a police callout.”


This reflected the view across stakeholder groups that, despite improvements in the understanding and awareness of CCB, there is a need for better training of prosecutors and judges, as well as of front-line police officers in particular.

Surviving Economic Abuse—of which more in a moment—states:

“Currently, just under half of police forces in England and Wales have not received training in coercive and controlling or coercive behaviour. Government must provide funding to correct this deficit”.


I would be grateful if the Minister could tell us what plans there are to improve training and raise awareness generally of CCB and of how economic abuse fits into this pattern of behaviour, particularly in light of the amendment we just voted for. SEA also states that, at present,

“the majority of coercive controlling behaviour is not reported to the police, and many victims do not immediately recognise what is happening to them.”

Can the Minister tell us the Government’s response to the review’s recommendation that the operation of this legislative change

“should be monitored and reviewed to assess the impact”?

Before concluding, I want to voice my support for Amendments 46 and 47 in the name of the noble Baroness, Lady Campbell of Surbiton. She made a powerful case on Monday and, following the vote on Amendment 4, it would be good if the Government were willing to concede on these related amendments and treat them as consequential.

The Government’s decision to accept an amendment on post-separation abuse has been widely welcomed by organisations on the ground, and by survivors themselves. I pay special tribute to Surviving Economic Abuse, which has campaigned on the issue of post-separation economic abuse with such determination and skill, in response to concerns raised by victims and survivors. It has shared with me, anonymised, some of the responses that it has received from these women. They are truly heartwarming. I will quote just two: “Thank you for sharing this amazing piece of news. I am crying with happiness.” “I woke up this morning and saw the news and I was practically jumping up and down with joy. Yes, joy. These milestones that SEA achieves or helps achieve ... are like magic healing for my soul, this one in particular.”

Many of these women have shown such courage in speaking out and have undergone such an ordeal just at the point at which they believed that they had broken free of their abusers. I dedicate this new clause to them. I beg to move.

Amendment 46 (to Amendment 45)

Moved by

--- Later in debate ---

Amendment 47 (to Amendment 45) not moved.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, before the Question is put on Amendment 45, I first pay tribute to the noble Baroness, Lady Campbell of Surbiton, who is my noble friend, and the noble Baroness, Lady Grey-Thompson. They have made a tremendous sacrifice, and we should acknowledge that. It saddens me, because this is a time when I feel so happy that Amendment 45 is going to go through. I am just really sorry that it has been at the expense of what they have been campaigning for. I ask the Minister to reflect on the number of noble Lords who have asked her to think again about this before Third Reading.

On a happier note, I thank the Minister for her response on Amendment 45, of which she is of course a co-sponsor; I am particularly grateful that she has taken on board and answered in detail the question of “Where now?” This is really just the first step. There is a lot that needs to be done with the development of the domestic abuse strategy to make sure that we raise awareness and implement training, monitoring and so forth.

I want to take this opportunity to thank again all those who have made Amendment 45 possible. Those who have survived economic abuse must take such pride in what has been achieved this evening. I thank colleagues across the House, both those who have spoken this evening and those who spoke in Committee. I thank the Minister, the noble Baroness, Lady Williams of Trafford, who has, I am sure, been pivotal to the Government listening and then agreeing that this particular formulation of the amendment be put forward. I also thank the many women who have spoken out in recent years.

It seems fitting to give the last word to one of these women who has been in touch with me. This is what she said—I have reduced it down, because it was a longer email:

“The Government’s announcement … is such positive news. I just wanted to stay a huge thank you and let you know how grateful I am … and also to your colleagues for all their tremendous care and commitment. Thank goodness the Government has listened.”

Amendment 45 agreed.