My Lords, I pay tribute to all noble Lords who have spoken in this debate because between them they have achieved the impossible of getting the balance right. It is very difficult to recognise that most victims are female while getting the legislation and guidance right.
I mention in particular the words of the noble Lord, Lord Paddick, who is my friend. As the only man speaking on this group, he recognised that the Bill would not be here if it were not for women. His personal accounts are always really moving and it takes tremendous bravery to recount them. Many people are still too traumatised to even speak about abuse and many accounts will remain unheard. We are very lucky to hear his account.
We know that victims’ needs must be at the centre of our approach to domestic abuse. They are individuals with individual needs. That includes an understanding and appreciation of their gender and, of course, sexuality. The latest Office for National Statistics report showed 4% of men aged 16 to 59 experienced domestic abuse. Of course that figure, as the noble Lord, Lord Paddick, pointed out, will be much higher as domestic abuse is so often a hidden harm, and it is too often underreported.
For a multitude of factors, including often misplaced cultural norms of masculinity, and how that is perpetuated, male victims sadly feel they cannot report their experiences, whether to specialist support services or the police. There are also some very specific issues that are unique to the experiences of LGBT victims, which include but of course are not limited to the threat of disclosure of sexual orientation or gender identity to family.
This is one of the reasons we have a gender-neutral definition. This approach is absolutely critical to ensuring that all victims and all types of domestic abuse are
sufficiently captured, and that nobody—absolutely nobody—is inadvertently excluded from protection, support or accessing the help that they need. As an aside, the Istanbul convention definition itself is gender neutral. That is why, in the statutory guidance provided for in Clause 73, we detail the unique considerations among other issues, including expanding on the range of abuse and the forms that it can take, and on specific communities and groups, such as male victims and those in same-sex relationships, as well as, of course, minority ethnic and migrant groups.
It might be an opportunity to read out Clause 73, which gives powers to the Secretary of State
“to issue guidance about domestic abuse, etc … The Secretary of State may issue guidance about … the effect of any provision made by or under”
certain sections of the Bill, as well as,
“other matters relating to domestic abuse in England and Wales.”
Clause 73(3) states:
“Any guidance issued under this section must … take account of the fact that the majority of victims … (excluding children treated as victims by virtue of section 3) are female.”
I would like to reassure noble Lords that there has been extensive engagement on the statutory guidance. This is exactly why we published it in draft in July. A series of thematic working groups has been undertaken, where the focus has been on the unique needs of male victims, and separately on LGBT victims. This engagement and consultation on the guidance will continue following Royal Assent. I would like to thank all noble Lords for providing feedback and for their thoughts on the guidance to date. Let me be clear; this approach in ensuring that we are taking into account all victims is one we will consider beyond the Bill in the forthcoming domestic abuse strategy.
Amendment 185, in the name of the noble Baroness, Lady Lister, seeks to build on the provisions in Clause 73 by seeking to ensure that any guidance issued under this clause takes into consideration any strategy to end violence against women and girls adopted by a Minister of the Crown.
Noble Lords will know that in 2016 the Government published the violence against women and girls strategy, which ran until 2020. The Government intend to publish a new violence against women and girls strategy, followed by a complementary domestic abuse strategy. We launched a call for evidence to inform a new VAWG—as we call it—strategy on 10 December and we very much welcome contributions from noble Lords.
The main argument raised by proponents of the amendment centres around the gendered nature of domestic abuse and the Government’s decision not to produce a single, integrated violence against women and girls strategy to include domestic abuse, in recognition of the gendered nature of domestic abuse. Proponents argue that this approach ignores the reality of women’s experiences and threatens to undermine specialist service provision, which takes an integrated approach to domestic violence and other forms of violence against women and girls. Concerns have also been raised that the domestic abuse definition is not gender specific.
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I will take this opportunity to reiterate that the Government fully recognise that domestic abuse is both a cause and a consequence of power inequality, with women disproportionately the victims. Women are more likely to experience repeat victimisation, be physically injured or killed as result of domestic abuse, and experience non-physical abuse—including emotional and financial abuse—than men. Neither of these strategies detracts from that.
The Crime Survey for England and Wales estimates that around two-thirds of all victims of domestic abuse are female, meaning that around a third are male. That is why the definition of domestic abuse is not gender specific, as male victims of this abhorrent crime must also be recognised and protected. This point was well made by the noble Lord, Lord Paddick. Interestingly, he also said that a third of male victims of domestic abuse did not want to reveal the sex of their perpetrator. Accompanying documents such as the statutory guidance and the domestic abuse strategy will make the gendered nature of domestic abuse clear.
Late last year, the Government announced their intention to publish two distinct but complementary strategies on domestic abuse and violence against women and girls. This does not mean that we do not recognise domestic abuse as a gendered crime. Indeed, our intention in producing a discrete domestic abuse strategy is to create space to focus on the high-harm, high-prevalence form of violence against women and girls—or VAWG—while allowing space for lesser-understood VAWG crimes to be considered in the separate VAWG strategy. The two strategies will work together to drive down VAWG crimes and their impact on society. Both strategies will continue to recognise the gendered nature of these crimes.
The Government fully understand that domestic abuse is, at its core, a subset of wider crimes against women and girls, and I can assure noble Lords that these two strategies will not stand alone but rather will complement and cross-reference each other, sharing much of the same framework and evidence. As such, the Government do not consider Amendment 185 to be necessary, as none of the wider work carried out by the Government is seeking to de-gender domestic abuse, and Clause 73(3), as it stands, is sufficient.
I hope that I have reassured all noble Lords who have taken part in this debate and I thank them again for their contributions.