Domestic Abuse Bill

Lord Randall of Uxbridge Excerpts

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

[Baroness Hamwee (LD) [V]]

My Lords, Amendment 13, in my name and that of my noble friend Lord Paddick, does not seek to broaden or narrow the amendment to which the noble Baroness, Lady Wilcox, has spoken, but rather to understand what is meant by “live independently” in the context of carers. The term “independent living” is a familiar one, but I do not know whether that is quite what is intended here. Needing support to live in one’s home, which I regard as hugely important, does not to me feel like independence. The relationship is very much about dependence, or trust, which was the term used by the noble Baroness, Lady Grey-Thompson. That is the extent of the reason for Amendment 13, but I am glad to be able to comment on some of the other amendments in this group.

The noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Randall, have identified a number of significant situations. The noble and learned Baroness described situations, in the plural, as she carefully explained, relating to forced marriage, which came over vividly. She has an amendment about guardians, a term that has expanded beyond its original technical meaning. She and I have often been involved in discussions about the needs of children who have been trafficked where guardianship has featured. I would never challenge the noble and learned Baroness and I have not done my homework, so I hope that she will forgive me, but I wonder whether a guardian has parental responsibility and, if so, whether that would cover the situation.

The noble and learned Baroness and I have also been involved in many debates about domestic servitude and I would be interested to know what is sought to be achieved by, and the consequences of, Amendment 9 beyond identifying behaviour already criminalised under the Modern Slavery Act. Is it something about protection or prevention?

In Amendment 14, the noble and learned Baroness points out a lifestyle that may not be covered. Its significance lies in Clause 3, which relates to children as what I wrote down as “collateral damage”, a term that I am slightly embarrassed to use, but noble Lords will understand what I mean. I had at one point wondered about lodgers who are in the same household, but I decided not to pursue that. I was going to ask the noble and learned Baroness what she envisaged as a consequence of that amendment, but I think that she has explained it. It is certainly partly the need for greater awareness on the part of the authorities to the situation of those in domestic servitude to whom she has referred.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, Amendment 10 is in my name and is supported by the noble and learned Baroness, Lady Butler-Sloss. I support the amendments in her name—Amendments 8, 9 and 14. We should explore the definition of “personally connected”. I am not sure that the Bill as we see it includes all those people who could be included as personally connected.

Amendment 9 is about domestic servitude and I should declare my interest as a deputy chairman of the Human Trafficking Foundation, along with the noble and learned Baroness—domestic servitude has been a long-standing issue for us. I recognise that there are other possible categories of people who are in the same household. My understanding of the word “domestic” is that it means “in a home”, so “domestic abuse” should cover those people who are ordinarily staying in that household, which is why I have put down Amendment 10.

The Minister may well say that some of these instances are already covered by other Acts and I would not think that that was not necessarily the case, particularly in connection with the other amendments dealing with disabled people and carers. However, I remind my noble friend that, when we were working on the early stages of Modern Slavery Bill, one of the reasons for the Bill was to put all the legislation together so that it was less confusing not only for the courts but for the police and other authorities. I ask that we have a serious look, before Report, at how “personally connected” could be better defined.

I would also like to speak to Amendment 8 on forced marriage, which is again in the name of the noble and learned Baroness, Lady Butler-Sloss, and which she explained admirably, as always. I watched a compelling drama on television a few months ago, which was based on fact, about honour killing. Watching that shocked me, and we have to take every opportunity to try and address something like that—though that ultimately ended in murder and was dealt with by the appropriate legislation—which in many ways starts with abuse.