Part of Domestic Abuse Bill – in a Public Bill Committee am 3:15 pm ar 10 Mehefin 2020.
It is a pleasure to follow my hon. Friend’s contribution, and I entirely agree with its content. I think there is agreement across the House that we want credibility and consistency for perpetrator programmes to ensure that individuals who have been led into error by their behaviour do not continue to do so, at dramatic cost to both individuals and society more widely. We are absolutely clear that if we do not hold perpetrators to account for their actions, we will not be able to tackle the root cause of domestic abuse. We agree that it is essential for any perpetrator programme imposed as part of a DAPO to provide a high-quality, safe and effective intervention.
Although we support the aim of the amendments, we respectfully think that there is a better way of achieving the end result that the hon. Member for Birmingham, Yardley seeks. At the heart of our response is the idea that quality assurance needs to be looked at in the round, in relation to all domestic abuse perpetrator programmes, not just those imposed by a DAPO, as is provided for in the amendments. Before I develop that point, I will say that consistency and credibility are important not just for the perpetrator or the victim, but for the courts themselves, so that they have confidence that when they impose orders, they will get results. Also, courts may not feel the need to lock someone up if they can reach for an order—whether a DAPO or a community order—in which they have confidence.
It is really important to note that not all domestic abuse perpetrator programmes come via a DAPO. First, a family court could make a referral into a perpetrator programme by, for example, imposing an activity, direction or condition in connection with a child arrangement order. Secondly, the police, probation service and local authorities could work together to impose a programme as part of an integrated offender management programme. Thirdly, there could even be self-referral: there may be individuals who have had a long, hard look at their behaviour and thought, “I need to address this. I am, off my own bat, going to seek a referral into such a programme.” Respect runs a helpline offering information and advice to people who have perpetrated abuse and want to stop.
I am at pains to emphasise that while we want to make sure any programmes delivered via the gateway of a DAPO achieve high standards and are consistent and credible, we should not forget that other programmes are being delivered outwith DAPOs, via different gateways, and we want to ensure that those programmes meet the same standard. Otherwise, we would end up in the perverse and unsatisfactory situation of having a DAPO gateway programme that is great, but other ones that are not.
We propose to take this work forward by using some of the £10 million announced by the Chancellor in this year’s Budget for the development of new interventions for domestic abuse perpetrators. We will work with the domestic abuse commissioner and specialist domestic abuse organisations—along the lines that the hon. Member for Birmingham, Yardley indicated—to undertake mapping and evaluation of the range of perpetrator interventions currently available, and explore what works for different models of quality assurance for domestic abuse perpetrator behaviour change programmes.
By the way, there is already a wealth of promising evidence that we can draw on as part of this work. For example, the Government have already invested through the police transformation fund in a number of innovative approaches to managing perpetrators, including the Drive project led by Respect and SafeLives, to which the hon. Member for Birmingham, Yardley alluded, as well as the whole-system approach to domestic abuse in Northumbria and the Women’s Aid “Make a Change” programme. There is a lot out there, and we need to draw the threads together.
We continue to support the important work of Respect, which is helping to ensure through its service standards that programmes targeted at a range of perpetrators are delivered safely and effectively. We will also draw on the ongoing work of the Ministry of Justice’s correctional services accreditation and advice panel, which accredits programmes for perpetrators who have been convicted of an offence.
Hon. Members will be aware that we have committed to pilot DAPOs in a small number of areas, prior to the national roll-out. Although the timing is not set in stone, the pilot may be in the order of two years or so—that is an important point that I will come back to. The pilot will allow us to carefully evaluate the operation and effectiveness of DAPOs, including the effectiveness of any programme requirements imposed as part of an order. We will use the pilot to consider carefully the quality assurance of any programmes referred into as part of a DAPO, to ensure that perpetrators subject to this requirement are accessing the programme that is right for them.
It is our aim to ensure the availability of a wide range of high-quality programmes from early interventions of a preventive nature to programmes able to address high-risk offenders. That is an important point; one size does not fit all. There might be some people who are at the beginning of their criminal journey, if you like, and others who are hardened, entrenched offenders. It will need to be flexible to take account of the circumstances of the individual. Ensuring that such interventions are effective should therefore not be confined solely to those programmes imposed by a DAPO.
I said I would return to the pilots. We think that placing a requirement to publish a strategy before the DAPO pilots have been completed would reduce the impact and effectiveness of the strategy. Clauses 47 and 66 already enable us to issue the appropriate statutory guidance in relation to perpetrator programmes. I do not want to spend too much time on this, because we need to move on, but clause 66 contains a power for the Secretary of State to issue guidance about domestic abuse. It is worth dwelling on for a moment because it could inform other parts of the Bill.
Clause 66(1) notes:
“The Secretary of State may issue guidance about the effect of any provision made by or under…Parts 1 to 5”.
We are in part 3. Clause 66(2) notes:
“The Secretary of State must, in particular, issue guidance under this section about…the effect of domestic abuse on children.”
We referred to that point earlier and it is worth picking it up. The clause also says, which bears emphasis:
“Any guidance issued under this section must, so far as relevant, take account of the fact that the majority of victims of domestic abuse in England and Wales are female.”
That is an interesting point, but the bit I really wanted to get to was subsection (5):
“The Secretary of State may from time to time revise any guidance issued under this section.”
That is important, because we need to make sure that the Act does not ossify. It is not set in stone. Why? Because our understanding changes, attitudes change, views change and expertise changes. We get a better idea of what works and what does not work. Clause 66 builds in the flexibility to ensure that we have best practice at all times.
My final point is about clause 66(6), which states:
“Before issuing or revising guidance under this section, the Secretary of State must consult”— it is mandatory—
“the Domestic Abuse Commissioner,”— there is another reason why the commissioner is so important—
“the Welsh Ministers, so far as the guidance relates to a devolved Welsh authority, and…such other persons as the Secretary of State considers appropriate.”