Lord Davies of Gower (Con)

My Lords, I thank the Government and the noble Baroness, Lady Brinton, for their amendments in this group. I do, however, have some concerns about the Government’s Amendment 338. We on these Benches believe that domestic abuse protection orders are a very important civil tool; indeed, they were introduced under the previous Conservative Administration. However, they are not, and should never become, a substitute for proper criminal justice consequences. Amendment 338 will expand orders to include mandatory participation in assessments and activity programmes. With respect, I do not believe that the answer to domestic abuse lies in programme participation; it lies in firm sentencing and, where appropriate, immediate custody. I raise these concerns in the wider context of the Government’s sentencing policy. During the passage of the Sentencing Bill, this House divided at Report on a Conservative amendment that sought to exempt domestic abuse offences from the new rebuttable presumption against short custodial sentences of 12 months or less. Noble Lords on these Benches, in particular my noble and learned friend Lord Keen, argued that domestic abusers should not benefit from an assumption in favour of suspension. When the issue was pressed to a vote, the Government resisted that exemption. Noble Lords are therefore now faced with an uncomfortable contradiction. The Minister will no doubt say the Government are determined to be tough on violence against women and girls; yet, when given the opportunity to ensure that domestic abusers would not fall within an automatic presumption against immediate custody, they declined. Against that backdrop, it is difficult to accept that expanding programme requirements within civil protection orders represents a meaningful, tough stance against domestic abuse. Real deterrence requires certainty of punishment. Turning briefly to Amendment 361A, I have sympathy with its intention. Where suicide may have followed a history of domestic abuse, investigation must be rigorous and sensitive. However, requiring all such cases to be investigated as if they were homicides raises practical and legal concerns. Police investigations must follow clear evidential thresholds, and homicide procedures carry significant procedural and resource implications. A rigid statutory instruction risks unintended consequences and may not in practice deliver better outcomes. It is for officers and detectives who arrive at the scene of a crime to determine, on the basis of the available evidence, how to investigate that death. Prescribing in law how to advance an investigation in specific circumstances is not an appropriate course of action. In conclusion, I am not persuaded that expanding the scope of domestic abuse protection orders is a legislative solution to the problems women and girls face daily. I look forward to the Minister’s response.