argyrotsipi/train-dataset huggingface dataset:
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Gabrielle Bertin (Conservative, Centre-right): My Lords, absolutely it is late in the day, and so many other noble Lords have made brilliant speeches to which I cannot add a great deal. I wholeheartedly support Amendment 162 and thank my noble friend Lady Morgan for setting out the case so well We have heard a lot about why we are waiting for the Law Commission. I do not think that we should wait, because threats to share intimate images make up such a small part of this review. Amendment 162 is a simple, narrow yet powerful amendment to extend an existing offence. I ask the Minister how many more victims will live without the legal protection they need while we wait years for the law to change—a change that we can make right now in this Bill. I hope that the Government consider and take on board this amendment.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I will start with the point made by my noble friend Lady Bertin. It is of course late; I am conscious of that. But I have to say that it is worth staying up late to hear the debate we have just had, with the quality of the contributions to which we have all just listened. Therefore, I will take a little time—I hope not too long—to respond to the debate, because this is obviously a very important issue I listened with great care to the way in which the amendment was presented and explained by the four noble Baronesses who proposed it. My noble friend Lady Morgan of Cotes explained in detail how the threat to disclose such images can lead women to give way on matters that are of the utmost importance, whether that be contact with children or telling the perpetrator where they are now living. The story of Natasha that she shared was powerful and was added to by the stories of Rachel and Alison, which we heard from the noble Baroness, Lady Crawley. It is right to say, as my noble friend Lady Morgan put it, that this is an issue essentially of timing and not necessarily of principle. I will come back to that point a little later.
Domestic Abuse Bill — House of Lords, 2021-02-08
Topic: Law and Crime
Nicky Morgan (Conservative, Centre-right): My Lords, I thank the Minister for his response. He certainly addressed the points raised in the debate, but I do not think he will be surprised to hear that, unfortunately, I do not think he satisfied many of them. Because the time is late, I will obviously not take a long time to go through the arguments in response, but I want to thank all noble Lords who have spoken at this late hour. The fact that so many noble Lords waited to make their points in the way that they did—and I would agree with the Minister that this was an excellent debate—shows the strength of feeling on all sides of the Committee in relation to this amendment This is an amendment and a subject that reaches beyond the House and beyond Westminster. It is of direct interest to millions of victims, survivors and their families and friends. I want to thank all those who have campaigned, particularly Refuge—who have rightly been paid tribute. I thank the designate domestic abuse commissioner for her support too. In the course of this debate, we heard clearly why this change to the law is needed, why it needs to be included in this Bill and why the change should be made now I will address two very specific points. We have already heard about the length of time Law Commission recommendations take to come into force, but I would say that making threats to share such matters a crime is a relatively small and straightforward change to an existing offence which would not have more complex implications for the broader legal landscape and would offer protection sooner. I particularly thank the noble Lord, Lord McDonald, a former Director of Public Prosecutions, and the former Lord Chief Justice, the noble and learned Lord, Lord Judge. They have spoken so compellingly this evening I have also seen the College of Policing guidance that has been issued. I do not think that any police force would feel that they knew more about how to bring prosecutions in the case of these threats than before they had read that guidance. While a small proportion of threats could be prosecuted at the moment, that is not happening in practice. Therefore, the law is not working as intended, which means that there is a gap I hope that Ministers will work with those of us who want to see a change in the law. I will, of course, beg leave to withdraw this amendment at this stage of the process, but I strongly suspect that—depending on the nature of future discussions—this amendment will be back at the next stage and it is possible that the feeling of the House will need to be tested.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Anne McIntosh (Conservative, Centre-right): My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words "may not come within a specified distance of … other specified premises" It would be helpful to know that to put noble Lords’ minds at rest I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Patrick Cormack (Conservative, Centre-right): My Lords, I congratulate the noble Baroness, Lady Featherstone, on a powerful speech in which she made some extremely important points, as have all the speakers I referred to this in the past as a landmark Bill, and it will be judged by the success, effectiveness and degree of protection it affords victims. The noble Lord, Lord Hunt, was, I think, the first person to make the point that most waking hours are spent at a workplace, and that place should be a place of safety. As for the perpetrator, he or she should have no hiding place and should not be able to pursue the victim when the victim is at work or going to work It is clear from the amendment tabled by my noble friend the Minister that the Government recognise much of this. However, I believe the Bill will be improved by referring specifically to "place of work" on its face. It will help to make sure that there is indeed no hiding place for the perpetrator and no place that is not a place of safety for the victim. I want the Bill to bring that message to all people in a completely unambiguous and all-embracing way. I am glad to give my support to these amendments.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Helen Margaret Newlove (Conservative, Centre-right): My Lords, I speak in support of the group of amendments in the name of the noble Lord, Lord Kennedy of Southwark. I will keep my speech very short, as other noble Lords have made excellent speeches as to why it is essential that the word "workplace" be specified and stipulated when DAPOs are made. As the former Victims’ Commissioner I also met the families of Jane Clough and Hollie Gazzard. Their pain and sorrow have never left me. I have also received many emails about victims being threatened within the estate of their workplace and perpetrators stalking their victims on a daily basis. Their fear and the persecution which means that they have to look over their shoulders are shameful and saddening, as their vulnerabilities are shredded even more to pieces. I therefore ask the Minister, even though the Government are making strides to recognise this, to look again and maybe accept these amendments. I ask that those who make the DAPOs use their discretion and common sense to specify that the victim’s workplace is protected as well as their home, so that no more lives are brutally taken from loved families. As the noble Baroness, Lady Featherstone, said, many of these cases do not make the headlines. Our workplace is somewhere we go to do our job, and lives are very stressful as they are. For these victims, who constantly have to watch over their shoulder, please can the Government look at specifying the word "workplace" to give them the safety that they should have in their workplace?
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Stephen Parkinson (Conservative, Centre-right): As the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, explained, these probing amendments explore whether an application for a domestic abuse protection order should be an automatic consequence of the police issuing a domestic abuse protection notice. Although I fully understand the motivation behind this—namely, to build further flexibility into these provisions—these amendments would remove a key strength of the process as we envisage it. The domestic abuse protection notice is designed to give victims immediate protection and breathing space from the perpetrator following a crisis incident. If it has been judged necessary to issue a notice, it will be evident from the situation that the victim needs longer-term protection. Consequently, it is right that, once a notice has been issued, an application for an order should follow automatically within 48 hours.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): My Lords, I support all the amendments in this group; I put my name to the ones that I thought were more appropriate for me but I agree with them all. As the noble Lord, Lord Anderson of Ipswich, has said, it is of course true that these amendments are supported by the Magistrates Association. My reason for supporting them, apart from the fact that I am convinced that they are right, is that they come from the Magistrates Association, of which I had the honour to be president for almost 10 years. However, that experience is rather elderly and I am therefore very happy that these amendments are supported by an active, front-line, authoritative magistrate today.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Patrick Cormack (Conservative, Centre-right): My Lords, it is a privilege to take part briefly in a debate led by the noble Lords, Lord Ponsonby and Lord Anderson, and by my noble and learned friend Lord Mackay of Clashfern. I would sum up this debate by saying that we have heard some very wise words. The noble Lord, Lord Blunkett, said that these amendments were logical, rational and humane. He also entered the Covid caveat, and obviously we need a degree of flexibility over timing, bearing in mind the extraordinary overburdening of the justice system at the moment. I cannot help but refer your Lordships to the Times today, which lists the extremely large number of people being drafted in to be judges without any previous experience. We have to bear that in mind—but I endorse the spirit behind the amendments, and I will say no more.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
James Peter Hymers Mackay (Conservative, Centre-right): I support these amendments, which are supported by the Magistrates’ Association, because it is very clear that they will have taken the view of a number of experienced magistrates in what they have formulated. It is in the nature of this order that it is an interim order, because it is made on the basis that it will be reconsidered after the representations, if any, that the respondent makes. It is essential that in due course an opportunity is given for that as part of the order. In due course, as we suggested in a previous group of amendments, it will be modified to five days and that is going to happen. Therefore, it is an interim order in its nature, even if it is not called that in these proposals It is important to note that this application continuation will take place in a hearing which will normally be extremely short. It will not be in the same set of court cases involving any kind of substantial and long hearing and is not likely to be very much affected by the present situation with regard to criminal cases The noble Lord, Lord Blunkett, mentioned being taken for a ride. It is also possible, at least with some of these orders, that a person may be very willing to take it on. I had experience, a long time ago now, of a case in which a young mother in Glasgow undertook to attend a very good programme for dealing with addiction. I am certain that she was determined to go through with it, because it was much better than having a sentence which might involve separation from her child. However, I learned some time after I had made the arrangements with her and got her fervent consent, that she had left the programme. That can happen, not as a deliberate act, but as a consequence of the power of addiction to alter a person’s will at a particular time I support these amendments and I am glad that they are supported by an active and leading magistrate who has current experience of these matters.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Education
Alexander Randall (Conservative, Centre-right): My Lords, it is always a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb, particularly when she is in full approval mode—I have no problem agreeing with her. I also have no problem agreeing with her concerns around Amendment 81. I am in two minds on this; like her, I wish to hear my noble friend give examples of where these courses might be necessary for those who do not volunteer for them. I can understand that the effectiveness of a course is not always guaranteed and that, if someone goes on it unwillingly, that does not necessarily mean that they will benefit from it, although they might. I would like to probe that; I heard what was said in the previous group on this, but I ask for a little further clarification.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I am very grateful to the noble Baroness, Lady Hamwee, for explaining the contempt of court point in more detail and for setting out the question of the standard of proof. I will be happy to include a paragraph on that in my letter as well.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Social Welfare
George Young (Conservative, Centre-right): My Lords, I added my name to Amendment 89 to indicate broad, cross-party support for this group, which seeks to ensure that the Government’s statutory duty works effectively for this invaluable network of refuge services I welcome Part 4, which we have now moved on to, which is only four pages but a key part of this progressive piece of legislation that is going to drive up standards of provision for this vital service. Can I add a brief footnote to the speeches made by the noble Lords, Lord Rosser and Lord Woolley? Like them, I am grateful to Women’s Aid for its input into this group The key criticism we have heard so far has been that the Bill does not define either relevant accommodation or domestic abuse support. Looking at the Bill, "relevant accommodation" is going to be "specified by the Secretary of State in regulations." For domestic abuse support, the definition is rather circular: "‘domestic abuse support’ means support, in relation to domestic abuse" The thrust of these amendments is to try and focus on exactly what sort of accommodation and services should be provided under Part 4. Without this clarity, there is a risk that councils will fund generic, and sometimes inappropriate, accommodation-based services. As we have just heard, these do not have the expertise necessary to provide the comprehensive range of services needed for families escaping domestic abuse. That is why proposed new paragraphs (e) and (f) in Amendment 89 refer to "refuge services" rather than just refuges There is concern that, as currently drafted—in addition to the risks mentioned by the noble Lord, Lord Rosser —the Bill could lead to unsafe forms of accommodation that are not designed to meet survivors’ needs being funded under the duty. The Women’s Aid movement has seen landlords using the exempt provisions of housing benefit to access higher rent levels, and providing accommodation which is frankly unsafe. The amendments seek to provide a tighter definition of relevant accommodation to reduce the risk of abuse The definition should clarify that a refuge address should never be publicly available or disclosed. That would resolve the challenges that one of the Women’s Aid members is currently facing, with High Court orders threatening to disclose the address of a refuge. Perhaps my noble friend could respond to that point Refuge services are developing into a national network of services, supporting survivors who often need to flee from their local area to be safe from an abuser. The data shows that over two-thirds of women resident in refuges are from a different local authority area. That leads to the point mentioned by the noble Lord, Lord Woolley, about national oversight. Without changes to the statutory duty to improve national oversight, we may be putting too much emphasis on local authorities to provide what should be an effective national service.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Ralph Matthew Palmer (Conservative, Centre-right): My Lords, I welcome these amendments and support very much what has been said by other noble Lords before me. My particular interest is in data, and I am delighted to see in Amendment 89—in proposed new subsection (1B)(c), for instance—a really detailed enumeration of the sort of level of data that we should be collecting. The basis on which this data is collected should be specified nationally, so that it is coherent and comparable and we can really start to understand what is happening and, from that understanding, move continuously to improve matters A very good example of what happens when you do not do this has been provided by the recent statistics on sexual abuse. The figures for the UK show that in 2019 there were 2,300 reported cases of children being abused by women in England and Wales, which is about twice what it was four years before. The first question we should ask when faced with a statistic like that is: what is going on? Unfortunately, we have no clue, because the police have stopped collecting data on sex as a characteristic when recording reports of abuse. They now record only self-reported gender. So we do not know whether this is something happening to women that we really ought to be paying attention to—an extraordinary rate of increase to which we ought to be preparing a policy response—or whether it is just a fiction due to the way the police have changed their reporting; in other words, whether this reflects the number of male offenders who are now declaring themselves to be women. Either way, we want to know; we absolutely should know. Apart from anything else, when it comes to the subject of the Bill, there will be trans women in relationships with men who are being abused and need looking after. We need to know how to provide for them properly. We may perhaps need specialist arrangements; we need to know the right level of any such arrangements that we should be providing. If we do not have detailed statistics on sex and gender—and, in other circumstances, on a whole range of other characteristics—we will not be providing what is needed. So, I really support that part of these amendments, and these amendments in general.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Government Operations
Ralph Matthew Palmer (Conservative, Centre-right): My Lords, I should be very grateful if the Minister would provide details of the information that the Government anticipate will be collected by local authorities, as illustrated in some of the provisions proposed in Amendment 89. I would be very happy for her to do that by letter but I should very much appreciate having that before Report.
Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Anne McIntosh (Conservative, Centre-right): My Lords, I am delighted to follow the noble Lord, Lord Ponsonby, and pay tribute to his wealth of experience as a family magistrate. I too am delighted to lend my support to the amendment and I congratulate the noble Baroness, Lady Finlay of Llandaff, on introducing it so eloquently. It follows on from a Private Member’s Bill which I sponsored soon after I was introduced into the House. It called for the equalisation of standards for child contact centres; that is, centres offering public and/or private provision I am sure my noble friend Lord Wolfson will recall, from his early days in private practice, some of the heartrending cases we have all had to deal with of trying to allow and permit family relationships to continue. That is why I pay tribute to the National Association of Child Contact Centres and declare my interest as a vice-president. I join the noble Lord, Lord Ponsonby, in paying fulsome tribute to the work it does. I am also an officer of the All-Party Parliamentary Group on Child Contact Centres and Services, where we try and bring these issues to the fore in both Houses of Parliament This amendment is particularly appropriate to this clause in Part 4 of the Bill, which looks at local authority support. Children are often caught up as innocent victims of domestic abuse but it is essential they maintain contact, in so far as is safe and possible, with both parents in any family situation. What is clear at the moment is that public and private provision in child contact is not equal; it is important to ensure safeguarding is recognised and extended to both. The child contact system, as I understand it, is the only child service that is not nationally accredited or regulated, and addressing this is the purpose of Amendment 91. I accept this clause is looking at the "Support provided by local authorities", but it is in these difficult situations that a child may have suffered through no fault of their own from the abuse of a parent—most likely, the non-resident parent I hope my noble friend Lord Wolfson, other noble friends and the Government will look favourably on this amendment. It seeks to rectify a situation to ensure all child contact centres will work to the highest standards and that those children who are separated from one or other parent, in these particularly sensitive situations, will continue to have access and contact with both parents. It seems entirely appropriate that we consider Amendment 91 against the background of Part 4. In these circumstances, I am delighted to lend my support to Amendment 91 in the name of the noble Baroness, Lady Finlay, and others who have lent their support.