UK Parliament / Open data

Domestic Abuse Bill

My Lords, I thank everyone who has spoken in support of these amendments. It has been quite emotional listening, and I am very grateful for the praise, but it goes to the great team behind me. I also pay tribute to my noble friend Lady Bertin for her contribution, which was quite personal. As someone who has gone through the criminal justice system and who knows what it feels like to speak from the heart, I thank her.

I was very grateful to the Minister for his winding-up speech and his answers to questions. I agree with the noble Lord, Lord Blunkett, that he seems to be a very good listener, and I am very grateful for that, but when one listens to judgments, which I have done in the appeal court, one always needs to pay attention to the last few paragraphs. I am a little disappointed because I heard words that seem to go far away from what the amendment seeks to do in this important Domestic Abuse Bill. The Minister suggested that he had concerns that seven years’ imprisonment exceeded the maximum penalty for GBH. The amendment suggests seven years as a maximum as that is what the Secretary of State for Justice said would be appropriate. It is the maximum for the offence, given its coercion and control elements, and it may well be appropriate to have a higher maximum penalty than for grievous bodily harm.

The amendment covers instances of putting a knee on a person’s throat, as it covers applying pressure to a person’s throat. These examples demonstrate that we have thought very carefully about these amendments. I agree that we can work together and look at the right amendments, but I feel that we are now looking at non-fatal strangulation being placed further down the legislation programme in a police and sentencing Bill. The commitment is a very grey area because it can go on for as long as a piece of string. I ask noble Lords to bear with me as I am not a lawyer, so I do not speak in that terminology. I come from passion and from going through the system and listening to victims and survivors of this horrendous crime.

I have listened to the Minister. He is a good listener and a careful lawyer; that is what the survivors of this horrendous, repugnant offence want him to be. I ask the Government to place non-fatal strangulation in the correct Bill—and the correct Bill is the Domestic Abuse Bill. I do not want any more blood on my hands knowing that non-fatal strangulation is going to have to wait to go into another Bill. How will the Government face families who have lost a loved one when strangulation has been a pattern in a relationship? At this stage I will withdraw the amendment but, if we can make more progress before the next stage, it would be welcome. I draw attention to the fact that I may test the opinion of House on Report, because this matter has to sit in the Domestic Abuse Bill, for all the survivors listening to this debate. I beg leave to withdraw the amendment.

About this proceeding contribution

Reference

809 c2272 

Session

2019-21

Chamber / Committee

House of Lords chamber

Subjects

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