Amendment 45 ensures that the existing offence of coercive or controlling behaviour applies to abuse that happens post-separation by extending the offence to cover those who no longer live together. It aligns the definition of “personally connected” in Section 76 of the Serious Crime Act 2015 with Clause 2 of the Bill, and the result is that the offence of controlling or coercive behaviour will apply to members of the same family or people who have been in an intimate relationship, whether or not they live together.
Amendments 46 and 47 amend Amendment 45 to include the relationship between a disabled person and their carer in the definition of “personally connected” in the Serious Crime Act 2015 to reflect the changes made to the Bill when the earlier amendments of the noble Baroness, Lady Campbell of Surbiton, were agreed on Monday. I congratulate my noble friend Lady Lister of Burtersett for the determination that she has shown in pursuing Amendment 45 and the strength of the case that she has marshalled in support. This is a key amendment for us and, most importantly, a key change for survivors living with abuse after separation. I hope that, after today, they feel that their voices have been heard. We also appreciate the Government’s willingness to support the amendment and the role that the Minister has played. We trust that the House now does likewise.
I also pay tribute to the work of the noble Baroness, Lady Campbell of Surbiton. We strongly support Amendments 46 and 47 in her name, but understand why she now feels that she cannot divide the House, in the light of the Government’s apparent stance on those amendments and the impact that could have on Amendment 45 if they were carried.
The House has already shown its support for the inclusion of carers in the definition of “personally connected”, through the vote on Monday in support of earlier amendments from the noble Baroness, Lady Campbell of Surbiton. We regard Amendments 46 and 47 as consequential parts of the package. As I have already stated, part of what Amendment 45, in the name of my noble friend Lady Lister of Burtersett, achieves is to align the definition of “personally connected” in the Bill with the Serious Crime Act 2015. On Monday, this House added carers to the definition of “personally connected” in the Bill. That is why we believe that the Government should recognise the outcome of the vote on Monday and accept Amendments 46 and 47 as effectively consequential, as the noble Baroness, Lady Campbell of Surbiton, asked. They should give a clear assurance that they accept them, as government support for Amendment 45 means that they will make sure that that amendment, in the name of my noble friend Lady Lister of Burtersett, is still enshrined in the Bill when it becomes an Act.
I hope that the Government think hard about their response to these amendments, particularly to Amendments 46 and 47. If they do not feel that they can give a positive response tonight, along the lines asked for by the noble Baroness, Lady Campbell of Surbiton, perhaps they could reflect further and come back on Third Reading.
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