Baroness Sugg (Con)

My Lords, I will speak to Amendments 335A and 335B in the name of the noble Baroness, Lady Brinton. I am grateful to the noble Baroness for setting out these probing amendments, because, as the Minister will know, there is concern that this change will criminalise domestic abuse survivors, who constitute the overwhelming majority of parents involved in retention cases. As we have heard, Clause 104 is intended to close the gap in legislation, which the Law Commission recommended back in 2014. However, that recommendation did not take domestic abuse into account. Our understanding has evolved significantly since then, and, given our current knowledge of perpetrator behaviour, post-separation abuse and the Government’s stated commitment to end violence against women and girls, we should look at whether implementing that recommendation now would be appropriate. We need to consider the significance of domestic abuse in these proceedings. On the difference between removal and retention, these actions are not equivalent. Treating them as equivalent fails to recognise that retention often reflects a delayed recognition of abuse, which the parent understands once they are safe among family and friends. As Clause 104 currently stands, these women would be criminalised and therefore deterred from returning with their child. The noble Baroness, Lady Brinton, set out how we could see some perverse outcomes from this.