Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Stephen Parkinson (Conservative, Centre-right): My Lords, I am very grateful to all noble Lords who have taken part in this debate today and on Wednesday evening, when we began it. I am particularly grateful to the noble Lord, Lord Marks of Henley-on-Thames, for setting out the case for this amendment, which, as he explained, seeks to extend the offence of controlling or coercive behaviour to psychotherapists and counsellors providing services to clients The noble Baroness, Lady Mallalieu, was right; we have perhaps as a country been slow to appreciate the scale of coercive behaviour. I am very proud that it was my right honourable friend Theresa May who provided for the offence of "controlling or coercive behaviour" in Section 76 of the Serious Crime Act 2015. That offence applies only to those who are "personally connected", as defined in the section. It applies to intimate partners, regardless of whether they live together, to ex-partners who live together and to family members who live together. Amendment 141 would extend the offence beyond those who are personally connected, as defined by Section 76, so that it would apply to psychotherapists and counsellors. Most noble Lords who have spoken in this debate have pointed to evidence and indeed to specific harrowing cases suggesting that fraudulent psychotherapists and counsellors—or, as they understandably refer to them in many cases, charlatans—take advantage of their position to supplant friends and families in the minds and affections of their clients for the purpose of turning them against those friends and families. The noble Lord, Lord Marks, suggested that this abuse should be caught by the controlling or coercive behaviour offence because therapists are abusing their position of trust and the dependence of their clients We have already had a number of debates in Committee on earlier amendments where my noble friends and I have stressed the importance of preserving the meaning of "personally connected" for the purposes of the definition of domestic abuse and, by extension, for the purposes of the Section 76 offence. The controlling or coercive behaviour offence was created in 2015 to fill a particular gap in the criminal law in relation to a pattern of abusive behaviour in an intimate or family relationship. We are not persuaded that what looks like the beguilingly simple act of taking the concept of controlling or coercive behaviour in a domestic abuse setting and applying it to abuses of power by psychotherapists or counsellors should be undertaken without careful and detailed analysis. As the noble Lord, Lord Kennedy of Southwark, has said, the professional/client relationship is a different one We have had a thoughtful but not conclusive debate on the definitions of what constitutes a domestic setting and an intimate relationship. As the noble Baroness, Lady Jolly, said, these things may take place in the home, but often they will not. My noble friend Lady Finn explored what constitutes a domestic setting, but it is the personal connection that matters. I agree with the noble Baroness, Lady Fox of Buckley, that we want to maintain a careful focus on the definition of domestic abuse as it is widely understood, and as we want the Bill to draw further attention to. That matters not only for the architecture of the Bill, as the noble Baroness, Lady Mallalieu, said, but in making sure that the police and other agencies are tightly focused on tackling the scourge of domestic abuse, as the noble Baroness, Lady Fox, said. We think, therefore, that without proper study it would not be right to transplant the concept of controlling or coercive behaviour into what is quite a separate power dynamic That is not, of course, to downplay the seriousness of this issue or the harrowing examples raised by noble Lords. The Government believe that we should look to other remedies, and it might be helpful to set out some of those that exist through the action that has been taken. A system of accredited voluntary registration with the Professional Standards Authority for Health and Social Care already exists. The authority has a process for quality assuring voluntary registers of health and care professionals in the UK who are not subject to statutory regulation. It currently accredits 10 voluntary registers relating to counselling and psychotherapy, providing assurance to the public on approximately 50,000 talking therapy professionals. The registers can be used by service users to choose a practitioner to meet their needs and to be assured that those practitioners are safe, trustworthy and competent to practise To gain accreditation with the Professional Standards Authority, organisations have to meet 11 standards for accredited registers. These standards require organisations to have a focus on public protection, to have processes in place for handling complaints against practitioners, to set appropriate levels of education and training for entry to the register, to require registrants to undertake continuing professional development and to understand and monitor the risks associated with the practices of registrants. Any registrant who is removed from an accredited register for conduct reasons cannot join another accredited register. I recognise that the noble Lord, Lord Hunt of Kings Heath, said that these registers are voluntary. We would urge anyone looking to engage the services of a psychotherapist or counsellor to ensure that they are accredited by the Professional Standards Authority Noble Lords have raised issues which I know have been the subject of separate and indeed long-standing debates in your Lordships’ House. My noble and learned friend Lord Garnier and the noble Lord, Lord Hunt of Kings Heath, both referred to their experiences and insights from their time as Ministers and set out some of the actions which have been taken since. While there may be a need to legislate on this matter in the future, that is a question for the Department of Health and Social Care. I cannot commit the department one way or the other today, but for reasons of focus on the particular offence of domestic abuse, we do not feel that this Bill is the right place to do that. I therefore hope that the noble Lord will withdraw his amendment.