argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Judith Anne Jolly (Liberal Democrats, Centre to centre-left): My Lords, I am delighted that my noble friend Lord Marks of Henley-on-Thames tabled this amendment and the noble and learned Lord, Lord Garnier, added his name, as did I I will not speak for long—just a few minutes—but I would like to give this amendment some context. Just over a year ago, my noble friend was approached by a concerned mother about the "treatment" of her adult daughter by a person who described themself as a psychotherapist. This treatment would not have been recognised by any professional body and did a disservice to the regulated profession of psychotherapy. Such an individual is able to walk into a stranger’s home after being contacted on the strength of an advertisement in a shop window, local newspaper, magazine or online. Counterfeit certificates, business cards and brass plaques are easily obtained to give undeserved credibility The phoney therapist broke no law, but the treatment was unrecognised by any regulating body and did great harm to the young woman. She was turned against her family by coercive behaviour and a catalogue of lies. She was turned inside out emotionally and her family were left distraught. I was somewhat taken aback to receive letters from other families whose adult children had been in receipt of similar coercive treatment, leaving them a shadow of their former selves This amendment sets out to right these wrongs and ensure that the therapist would not be able to practise in future. I thank my noble friend Lord Marks of Henley-on-Thames, who spoke in that debate, as did the noble and learned Lord, Lord Garnier. The amendment sets out clearly what is an offence in this context, and how to determine that the perpetrator’s behaviour had a serious effect. It also sets out what would count as a defence for the person purporting to be the therapist, and, if found guilty, what the maximum terms of imprisonment would be Having listened to my noble friend Lord Paddick last week at the beginning of the debate, I think it worth mentioning that, although the original case concerned a young woman, there is no reason why it should not apply to a vulnerable young man. The amendment is gender neutral and goes a long way to right the wrongs in the case that brought me to this Bill in the first place. I am delighted to support it. I say to the Minister that the coercion was carried out in the victim’s home. It was abuse in a domestic setting and should have been a crime. This amendment will stop others being controlled or coerced by bogus therapists and, if they are sentenced, the punishment will fit the crime I wonder whether, before Report, the Minister would be willing to meet some of those who have spoken in this debate.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to all who have spoken in this important and fascinating debate about some terrible behaviour. As the noble and learned Lord, Lord Garnier, explained, the principle of this amendment has a long history of parliamentary support. It would rightly criminalise quack counsellors, who, as all have said, suborn vulnerable young people and exploit their weaknesses, in a way that amounts to a classic demonstration of how clearly abusive coercive and controlling behaviour is.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, Section 72 of the Sexual Offences Act 2003 makes it an offence, in England and Wales, for a UK national or resident to commit sexual offences against children outside the UK, in an effort to clamp down on so-called sex tourism. Paragraph 2 of Schedule 2 to this Bill makes it an offence, in England and Wales, for a UK national or resident to commit sexual offences, under Sections 1 to 4 of the Sexual Offences Act 2003, against people aged 18 or over at the time of the offence, extending extraterritoriality to serious sexual offences against adults as well as children As the noble Baroness, Lady Bertin, has explained, the idea is to ensure that the Government comply with the Istanbul convention but, as she pointed out, for somebody to commit an offence, it has to be an offence not only in this country but in the country where the offence took place; in some of those countries, marital rape may not be criminalised. Therefore, I believe that the noble Baroness, Lady Bertin, has identified a potential loophole. I look forward to hearing what the Minister has to say in response.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the noble Lords who have spoken in this debate and to the Minister for his careful response. I echo both his thanks to those in his department who organised the learning session last week and his view that it sets a good example; it would be very good to hear more often from experts in the department—particularly about the use of technology, where Members of this House perhaps have less expertise than they do in other legal areas My noble friend Lady Hamwee asked a number of questions, some of which were answered by the Minister. I am not sure that he addressed the question of what is meant by, and what the criteria are for, "high-risk" perpetrators. She also wanted to know what exactly is meant by "failing" a test; I understand, as did the Minister, the concept of evaluating a test, but there is a problem with our general understanding of results of polygraph tests as binary and with the use of the term "failed test", which frequently figures in discussions around this issue. Given his echo of the description of answers as "somewhere between yes and no", as expressed by my noble friend Lady Hamwee, the Minister clearly appreciated that these tests cannot provide definitive answers. Will he and others give consideration to how far they should be treated as more indicative than binary I am less concerned about the use of information, as described by the Minister, that is derived from polygraph testing and used to submit information to the police for further investigation, which would then come up with real evidence. I am, however, a little concerned about recall based on disclosures. I understand the point that there is some similarity between disclosures that arise as a result not of polygraph testing but of, for instance, discussions with probation officers; however, I still think that there need to be safeguards. The Minister may like to consider those and put out some guidance as to how they are to be dealt with.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): Thank you. I apologise for throwing the proceedings. I have just received an email saying that I am about to be called My question concerns how the Minister dealt with the fact that information—I hesitate to use the term "evidence"—obtained during a test cannot be used as evidence in legal proceedings. It has only just occurred to me that, of course, family proceedings in particular—as well as civil proceedings—are very important in respect of domestic abuse. I am unclear as to the status of what is learned during a polygraph test for family proceedings. If the Minister cannot answer that now, could he add it to the questions that he will reply to after today?
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Susan Garden (Liberal Democrats, Centre to centre-left): My Lords, we now come to the group consisting of Amendment 146. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate and that anyone wishing to press this amendment to a Division must make that clear in debate Clause 70: Guidance about the disclosure of information by police forces Amendment 146
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, this afternoon, many noble Lords have described misogyny outside the scenario of domestic abuse—such as elite athletes training in the street, as the noble Baroness, Lady Donaghy, just said. I hope to explain that, while I agree that the recording of misogyny as a hate crime is a good thing, it may confuse things when it comes to domestic abuse As has been explained, Clause 70 requires the Secretary of State to "issue guidance to chief officers of police about the disclosure of police information by police forces for the purposes of preventing domestic abuse." This amendment is about including in that guidance that the police should record any crimes where the offender demonstrated hostility or prejudice based on sex, or where it is perceived that the crime was motivated by hostility or prejudice towards persons who are of a particular sex. This, in effect, would require police officers to record misogyny as a hate crime, although as it is worded in gender-neutral terms it would also require them to record misandry as a hate crime. I am confused about why misandry would be a hate crime, but we will move on. It then tries to bring this within the scope of Clause 70, which is about preventing domestic abuse, by mentioning taking account of evidence about the relationship between domestic abuse and misogyny and recording misogynistic crimes that, in the opinion of the police, have also involved domestic abuse.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank the noble Baroness, Lady Lister of Burtersett, for so clearly and comprehensively introducing her amendment. Amendment 149 would insert a new clause that seeks to extend the protection from any coercive and controlling behaviour that occurs post-separation. The noble Baroness concentrated on economic abuse, but that is not the only form of ongoing abuse I was in a relationship that became increasingly abusive over a period of five years. The first time I noticed something was happening was when a friend, a former partner, sent me a birthday card. When I explained who it was from, my then partner tore it up and threw it in the bin. His controlling and coercive behaviour continued and got worse, and he eventually resorted to physical violence. When we split up, he threatened to kill me and threatened to write to my employer to try to destroy my career. I continued to live in fear of what he might do until, 18 months after we had split up, he colluded with a Sunday tabloid newspaper to expose intimate details of our private life, including making public my HIV status, as well as making false allegations that the newspaper eventually admitted were libellous. Fighting the issue in the courts would have resulted in me losing everything if I had lost that case. His actions did not amount to harassment or stalking Coercive and controlling behaviour can continue long after separation, with victims of domestic abuse continuing to live in fear of what the perpetrator might do next, and the law needs to reflect this. Section 76 of the Serious Crime Act 2015 applies only if the perpetrator and victim are in an intimate relationship or if they live together. This amendment would ensure that it would apply to all those who are "personally connected" as defined by Clause 2 of this Bill, whether they live together or not. As such, it would also include the circumstances that Amendment 157 seeks to cover, where a relative is exerting controlling or coercive behaviour, whether or not they live together As the noble Lord, Lord Hunt of Kings Heath, explained, his amendment is specifically aimed at protecting older and disabled family members. I strongly support Amendment 149 and welcome the focus which Amendment 157 brings to the abuse of older and disabled family members.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Lorely Burt (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the noble Baroness, Lady Lister of Burtersett, and other noble Lords for bringing Amendment 149, and to Surviving Economic Abuse. I support both Amendments 149 and 157 and am particularly keen to support Amendment 149 on post-separation economic control. In an earlier discussion, we had the debate about universal credit and other benefits and the need to ensure the victim can have the financial wherewithal to leave the abuser by making split payments the default position. I hope the Government will be kindlier disposed towards this amendment, which covers a whole aspect of abuse not yet covered in UK law As we have heard, the crime of domestic abuse as set out in the Serious Crime Act 2015 does not cover post-separation abuse. Amendment 149 rectifies this. I do not need to add further to the examples that have already been given by other noble Lords, such as the noble Baroness, Lady Newlove, to make the point of how serious and all-pervasive to the life of the victim this can be A number of noble Lords have mentioned the amendment to tackle post-separation abuse that was tabled in Committee in the Commons. The Minister, Alex Chalk, acknowledged that the charity Surviving Economic Abuse had done an "important public service" in raising the issue. However, the amendment was withdrawn in Committee due to assurances regarding an ongoing government review into controlling or coercive behaviour, as mentioned by the noble Baroness, Lady Lister. We still await the review. It is now promised before Report, and I hope this Minister will not use the same reason for not allowing this amendment. Even better, we would love to see the Government bring their own amendment on Report We really need this. One Crown Court judge estimated that without something of this nature, the legislation would be missing 50% or 60% of the people who need to be protected. This is a great Bill, but it will still fail victims—even after they have summoned the courage to escape and even when they thought they had finally got their lives back—if we do not tackle this vitally important group Amendment 157 was ably introduced by the noble Lord, Lord Hunt of Kings Heath, and I have added my name to it. It tackles coercive and controlling behaviour by a relative, whether or not they reside with the victim. As the noble Lord has said, only 25% do. The definition still applies, even if they are no longer in an intimate relationship but still reside together. The noble and learned Baroness, Lady Butler-Sloss, raised the issue of forced marriage, and the noble Baroness, Lady Verma, mentioned other members of the girl’s or woman’s family who do not toe the family line and the way that their life can be poisoned as a result. This amendment therefore widens the definition of controlling and coercive behaviour to ensure that these relationships are still defined as domestic abuse and can be prosecuted as such. I hope that the Government give it favourable consideration.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Social Welfare
Lorely Burt (Liberal Democrats, Centre to centre-left): My Lords, I am very grateful to the noble Baroness, Lady Jones of Moulsecoomb, for adding her support to this amendment, in which we return to the issue of economic coercive control, which we explored in today’s group 7, this time in respect of child support payments, which help with the cost of raising the child and can be used for everything from daily subsistence to helping to provide a home. They are vital for the security of a child who is often the victim of abuse himself When domestic abuse has occurred and the partners have separated, getting money out of the abuser for child maintenance and other things can, as we have already heard, be difficult and dangerous. The abuser will have the instrument of non-payment as a further tool of economic abuse, despite the fact that not only the ex-partner will suffer but so too will the children for whose benefit the payment is made. Child maintenance arrangements can be organised privately, through the government-run Child Maintenance Service or, more rarely, through a court order. When I was an MP in 2005 to 2015, in quite an affluent area, failure to pay child maintenance was a frequent issue that came up in my surgery. The Child Maintenance Service was severely criticised for failing to enforce payments to the parent with care, and for slowness to act and to process claims. Therefore, when looking at the Commons discussion on this amendment, which was raised by my honourable friend Christine Jardine, I was glad to read that the Minister, Alex Chalk, asserted that matters regarding the CMS’s performance had improved. That is great news, and I commend the Government on the work they have done with input from Women’s Aid and other charities to improve matters, and particularly on issuing a fee waiver in 2017 for survivors of domestic abuse who apply to the CMS for help. However, that fee waiver needs to be better publicised. Many victims are unaware of it I also welcome other improvements that the Government have introduced, including avoiding the risk of abuse as a result of having to give up new personal details, such as bank details, when setting up direct payments. However, parents often discover that banks and even CMS staff are unaware of some provisions, including non-geographic-specific bank accounts, which would avoid having to reveal the victim’s location to the perpetrator. These improvements can work only if people know about them.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Social Welfare
Lorely Burt (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the speakers who have contributed to this short but, as the Minister says, important debate. The noble Baroness, Lady Jones, spoke very supportively about the importance of child maintenance to the family and how it is abused as a tool of control. The noble Lord, Lord Rosser, made an interesting contribution about the role of coronavirus and the redeployment of CMS. Obviously that is a concern The Minister talked about further strengthening procedures and training, which is what the Minister Alex Chalk said in the other place. I am reassured that the evaluation of the effectiveness of the guidance is continuing, and I hope that the success rate continues to rise so that more families have the wherewithal to survive economically. With that, I beg leave to withdraw the amendment.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, we have Amendment 57 in this group—or clutch—of amendments, pushing what I hope is an open door: the need for protection of abused or allegedly abused people not only at home. The Government have an amendment extending prohibition to other places, and another amendment relating to the workplace or educational establishment, and those are welcome. Other noble Lords will speak to their amendments using terminology about where the abuser or alleged abuser lives or works. Amendment 79 would allow for discretion when both parties worked in the same place Our Amendment 57 is similar to the Government’s amendment, but it applies to domestic abuse protection notices, whereas the Government’s amendment is about domestic abuse protection orders. I regard notices as preventative—not leading inevitably to an order. It is far better, to state the obvious, if one can head off abuse by a notice. Perhaps I am naive in hoping so, but I note that the Minister’s letter or the draft guidance recently circulated—I cannot remember which one—makes the same point. In any event, reasons for including the workplace and other premises as prohibited, apart from the home, can surely apply when a notice is given as well as subsequently. As a matter of drafting, I wondered why Clause 21(2) was necessary, since it seems to be covered by Clause 21(1), but that is not the issue and it certainly makes the point as to what is covered. I suspect that others are going to make very similar points, but I beg to move Amendment 57.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Lynne Featherstone (Liberal Democrats, Centre to centre-left): My Lords, I support the amendments in this group, particularly Amendments 57, 58, 59 and 60, that seek to enable the consideration of the inclusion of workplaces in domestic abuse protection orders. It is a truly important and obvious step, which the Government have acknowledged, at least in principle, in Amendment 75 The introduction of domestic violence protection notices and then domestic abuse protection orders heralded a real shift, or an intended shift, to the perpetrator being excluded and barred from entering the home and the breaking of such an order becoming a criminal offence. But as we have become more aware of the nature of domestic abuse, beyond just the physical—be it psychological and financial abuse, or coercion—we have addressed such issues as stalking and have, thankfully, moved to become more victim-centred, so that the victim can live their life and stay at home, rather than always having to go to a refuge, and the perpetrator is prohibited The Bill gives us the opportunity to move this agenda further forward and to protect the victim in their place of work. In a situation of domestic abuse, the workplace can be a refuge and a place of safety for the victim, but, sadly, that is often not the case. It is not uncommon for a victim to find that the abuse follows them to work—sometimes literally, by being physically followed, but often by abusive emails or phone calls, or the fear of the abuser turning up at the workplace, knowing what time the victim finishes. It is even more difficult if the abusing partner works at the same place. It does not stop at the victim; colleagues can find that they are bombarded with questions about the victim, have to cover for a victim’s absences or are threatened with harm. While all organisations and firms should have a domestic abuse policy in place, an order that would prohibit a perpetrator contacting the victim at their place of work or going to their place of work specifically, as noble Lords have mentioned, is a logical step to deepen the protection around the victim.