Domestic Abuse Bill — House of Lords, 2021-04-21
Topic: Law and Crime
Arminka Helic (Conservative, Centre-right): My Lords, I express my thanks to everyone who has supported this amendment in its previous guises, especially the noble Lord, Lord Marks, my co-sponsor; the London Victims’ Commissioner, who played an instrumental role in its early stages; and the domestic abuse commissioner-designate I am grateful to my noble friend the Minister for meeting me several times and engaging with what I have had to say, even if he does not agree with it. He raised two fundamental objections: that the amendment is unnecessary, and that it is contrary to the principle of judicial independence. I am yet to be convinced of either of those points. We are assured that all judges and magistrates already undergo training on domestic abuse, but there is very little transparency around the form of the existing training. I am grateful to my noble friend for offering more detail than we have previously heard on this point I am pleased that domestic abuse makes up more than 50% of the content of private law induction training. However, I am afraid, that makes the case for this amendment only stronger. Based on the real evidence that comes out of the family courts day in, day out, the existing training is simply not working. Judges and magistrates do not have the necessary understanding of domestic abuse. We still hear of judges who do not believe in coercive control, do not recognise domestic abuse unless it leaves physical injury, and say that there was no conviction for abuse so therefore there was no abuse. Survivors—both men and women—are unable to trust the courts and are afraid to go to them. Abusers know that they can use the courts to continue their abuse If the existing training is not working, we must reform and improve it. That is why the requirement to consult the domestic abuse commissioner is so important. I am pleased to hear that the senior judiciary takes this issue seriously but, when the system is so flawed, it is hard for effective change to come from within it. If the Judicial College could open itself up to and work with experts such as the domestic abuse commissioner, that would make a real difference. It is the sort of commitment that we need but which we have not yet heard. It is worth stressing this point: without specific detail on the nature of training, it is hard for specialist organisations to assess whether it is up to date and appropriate. I hope that my noble friend, and indeed the senior judiciary, will look hard for ways to improve the transparency around training and engage with a wider range of experts and organisations in providing that training On the question of judicial independence, of course I recognise that my noble friend is right to be cautious. Judicial independence is hugely important and I would not want to suggest anything to undermine it. However, I do not accept that this amendment does that; I hope that I have made this even clearer in its revised version in Motion C1. The Lord Chancellor is sworn to defend the independence of the judiciary. In drawing up a strategy for training, he would have to act within the terms of that oath. The amendment also makes clear the important roles of the Lord Chief Justice, the chairman of the board of the Judicial College, the President of the Family Division and the chief executive of the Magistrates’ Association. That is a powerful judicial voice in the process. I know that my noble friend the Minister recognises that training is necessary to make all the provisions in the Bill work as they ought to—as we hope they will. I am grateful to him for raising this with the President of the Family Division and the head of the Judicial College, and I am pleased to hear their assurances on reform. I note, however, that we have heard similar assurances for some time now without seeing real change. For example, the harm panel implementation plan made commitments on training that we have not yet seen implemented. This is why I still believe that legislation is an appropriate and necessary route in delivering the improved training that we both think is required. If my noble friend cannot accept this, I hope that he will prove me wrong. Perhaps he could play a convening role, bringing together judges and domestic abuse experts. I hope that he will continue to make the views of your Lordships’ House, which contains eminent lawyers and former judges who support this amendment, very clear to the senior judiciary The current training is not working. Reform is desperately needed. If we hope to build a system that works for victims and survivors—not their abusers—we must not forget that.