Domestic Abuse Bill — House of Lords, 2021-04-21
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I am again grateful to noble Lords who have contributed to these exchanges. Right at the start, I say that the noble Baroness, Lady Kennedy of The Shaws, was spot on when she characterised my position as disagreeing but sympathising—that is absolutely right. For the reasons that I have set out, I disagree but sympathise with the aims of the amendments Like the noble Baroness, I found the meeting with the representatives from the Centre for Women’s Justice extremely helpful. I have read a lot of material that they have produced, and, in particular, like her, I found the conversation with the survivor who joined us extremely powerful. Like my noble friend Lord Randall of Uxbridge, we have to remember that, while we may be debating what sometimes seem here to be quite dry and technical issues of law, there are real people—if I may use that terrible phrase—and, in this case, real victims of domestic abuse, who are affected. The House can be assured that I have that at the very front of my thinking I will not go over the substantive points that I made—I hope I am excused for that. As I explained, the review is of sentencing in domestic homicide cases, but it is a broad review. The terms of reference are still being developed, but it will look at the impact of defences on sentencing, and, while I appreciate that that is not as far as the noble Baroness, Lady Kennedy of The Shaws, would like me to go, I hope that it is an indication of the seriousness with which the Government take this matter and, in particular, the review of sentencing I pick up the point of the noble Lord, Lord Paddick. We respectfully disagree that there is a read-over to either the householder or the trafficking issue. As to the latter, I have made clear on previous occasions that we have concerns with the way that that defence is used in practice. Indeed, if I remember correctly, one of Her Majesty’s judges recently explained that in a case that he was hearing in, I think, Bradford—I may be misremembering that. As such, there is an issue as to how that trafficking offence is applied in practice Like the right reverend Prelate the Bishop of Gloucester, I am well aware that there is a substantial proportion of women in prison who have themselves been victims of domestic abuse—that is of course why a review of sentencing is so important. Without being trite, they are in prison because they were given a prison sentence; therefore, a focus on sentencing in the review is entirely appropriate I do not know whether there is anything I can do to help the noble Baroness, Lady Jones of Moulsecoomb, in her apparent dichotomy between lawyers on the one hand and common sense on the other. The point I was making about the majority in the other place was actually that it was not the standard government majority, so to speak: it was a significant majority—with the greatest respect, that is something that this House ought to bear in mind. However, my noble friend Lord Randall of Uxbridge did perhaps solve an age-old conundrum about a justification for the existence of lawyers, particularly in Parliament. He even came close to giving an explanation for their possible utility, so I am grateful to him for that My noble friend was also right when he said that people should not go to prison if they have been convicted of a crime that they were forced to commit—"forced" is a critical word, and that is where you get into the defence of duress. However, as I said, it is not only the question of the defence of duress: if there is a conviction, the nature of the force—if it does not amount to a defence—would still be relevant to sentencing and to mitigation As such, I hope that I have set out the reasons why the Government disagree. I hope that I have also responded to the particular point put to me by the noble Lord, Lord Kennedy of Southwark, on the scope of the review. However, for the reasons that I have set out, I hope that the noble Baroness, Lady Kennedy of The Shaws, will indeed not press her amendment.