Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-10-27
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I assure noble Lords that I will not be getting into a debate about the number of police forces we should have, but I will say two things on that: first, consistency is key; secondly, good leadership is crucial. That said, I am grateful to my noble friend Lady Bertin, the noble Baronesses, Lady Brinton and Lady Hamwee, and the noble Lord, Lord Brooke, for setting out the case for these amendments, which have, quite rightly, attracted a wide-ranging debate about the scope of the serious violence duty. I am also pleased about the gender balance of the tablers of the amendments, and I join my noble friend Lady Bertin in paying tribute to the DA Commissioner and join the noble Lord, Lord Rosser, in paying tribute to the noble Baroness, Lady Royall, with whom I have worked on many occasions on stalking I will start by addressing Amendments 55 and 56. The Government remain absolutely focused on tackling violence against women and girls. There is no place in society for these abhorrent crimes. That is why in July we published a new cross-government Tackling Violence Against Women and Girls strategy, which includes a range of actions to help ensure that more perpetrators are brought to justice and face the full force of the law and that we improve support to victims and survivors and work ultimately to prevent these crimes, as the noble Lord, Lord Hogan-Howe, said, and send a message of clear expectation, as the noble Lords, Lord Carlile and Lord Rosser, pointed out The strategy builds on our existing work, as my noble friend Lady Bertin said, including the new legislation that we have brought forward, which includes specific offences of forced marriage, upskirting, and the disclosure of private sexual photographs. The Domestic Abuse Act, which secured Royal Assent in April and which I am very proud to have taken part in and led through your Lordships’ House, will strengthen our response to domestic abuse at all levels. The Act includes a new duty for local authorities in England to ensure the provision of support for victims of abuse, both adults and children, in refuges and other safe accommodation Amendment 55 seeks to make it clear on the face of the Bill that domestic abuse, domestic homicide and sexual violence are included within the meaning of "violence". We recognise the importance of multiagency working to address these crimes, as my noble friend has stressed, and I assure noble Lords that the draft statutory guidance for the serious violence duty, published in May this year, does already make it clear that specified authorities will be permitted to include in their strategy those actions which focus on any form of serious violence which is of particular concern in a local area I note the point that noble Lords have made that domestic violence is prevalent in every area, but it could include domestic violence, alcohol-related violence, sexual exploitation, or modern slavery. Ultimately, the specified authorities are best placed to determine what the specific priorities are for that area based on the local evidence. However, all that said, I can see value in the intention of this amendment, to expressly provide on the face of the Bill—and avoid any doubt—that domestic abuse, including domestic homicide, and sexual offences, falls within the definition of "violence" that specified authorities should follow when considering what amounts to serious violence and making that evidence-based determination as to what the specific priorities should be for their area Regarding the specific addition of "stalking", I thank the noble Baroness, Lady Brinton, for drawing attention to this important issue. I recognise that there are other forms of crime which disproportionately affect women and girls which local areas may want to consider for the purpose of the duty, and the draft statutory guidance highlights that they may wish to do this. However, we might risk creating confusion if we specified too many crime types under the meaning of "violence", and we must consider carefully where to draw the line. I discussed this with the domestic abuse commissioner the other day and she agrees that the definition of "domestic abuse" should be broad enough to draw attention to this issue where it takes place in a domestic abuse context. In addition, while many stalking offences do take place in a domestic abuse context or ultimately involve violent behaviour, that cannot be said for all, and so I am not convinced that an express reference is appropriate In any event, we remain completely focused on our efforts to tackle these crimes. The Home Secretary will chair a new violence against women and girls task force to drive cross-government activity and help maintain public confidence in policing. We are funding the first full-time national policing lead in this area, Deputy Chief Constable Maggie Blyth, as I mentioned during the Urgent Question yesterday, and later this year we will publish a new domestic abuse strategy Having listened to the debate, I am in no doubt about where the whole Committee stands on this issue. We can all agree in this place that we need to do much more to tackle violence against women and girls. The multi-pronged strategy we published in the summer is directed to that end. We intend to build on that further, having listened to the views of the Committee. The Government agree that part of the response must include the police, local authorities, health bodies and the other agencies to whom the serious violence duty applies, working together to prevent and reduce domestic abuse and sexual violence in their area. Therefore, I agree with the aim of my noble friend’s amendment and will work with her ahead of Report to agree how we might best reflect this. Amendments 57 and 58 would require violence to be defined as serious in a local area should it result either in injury requiring emergency hospital treatment or in harm constituting grievous bodily harm. I agree that such consequences are clear indicators of the seriousness of the violence in question, but we want to consider further any implications of adding such specific language to the definition of serious violence in the Bill The Bill already specifies certain factors that specified authorities must consider when determining what constitutes serious violence for their local area: the maximum penalty that could be imposed for any offence involved in the violence; the impact of the violence on any victim; the prevalence of the violence in the area; and the impact of the violence on the community in the area. We expect the specified authorities to use the evidence gathered from their strategic needs assessment to answer these questions and set the priority areas for their local strategies accordingly. We think that current drafting ensures that specified authorities consider the most harmful types of violence, including those resulting in acute physical injury, as part of their local strategies. However, we recognise the need to further consider the points made by the noble Lord, Lord Brooke of Alverthorpe Finally, Amendments 57A and 59A, in the name of the noble Baroness, Lady Hamwee, raise another important issue. It is true that serious violence is often not contained by local borders and, owing to electronic communication, perpetrators of violence are able to have an extended impact in areas far across the country and beyond. We fully recognise this, and it is why Clause 8 permits specified and relevant authorities to work across local government boundaries with other authorities and, in doing so, to collaborate on strategies that cover areas greater than those where they primarily provide services. This could include collaboration with authorities in neighbouring areas or further afield. We have also included advice within the draft statutory guidance to this effect. For this reason, we do not think these amendments are necessary The Government have been clear that internet companies must go further and faster to tackle illegal content online. It is already an offence to incite, assist or encourage violence online, and we will continue to work with the police to support proactive action against and to address illegal material posted and offences perpetrated online In conclusion, I assure noble Lords that I will reflect very carefully on this debate and, in particular, on the amendments in the name of my noble friend Lady Bertin and the noble Baroness, Lady Brinton. I will continue to work with them to find an agreed way forward ahead of the next stage. On that basis, I hope my noble friend will withdraw her amendment, on the clear understanding that we will return to these issues on Report.