Amendment 23

Domestic Abuse Bill - Committee (2nd Day) – in the House of Lords at 2:45 pm on 27 January 2021.

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Lord Hunt of Kings Heath:

Moved by Lord Hunt of Kings Heath

23: Clause 7, page 4, line 20, at end insert—“(e) the appropriate use of data and technology to aid in the prevention, reporting and detection of domestic abuse.”Member’s explanatory statementThis amendment ensures that the Commissioner should encourage best practice when using data and technology in the prevention, reporting and detection of domestic abuse.

Photo of Lord Hunt of Kings Heath Lord Hunt of Kings Heath Labour

My Lords, it is a great pleasure to move Amendment 23. I will speak also to Amendments 28 and 62, in the name of the noble Baroness, Lady Grey-Thompson. I am glad to say that she will speak later in our debate.

The amendments are based on research by the LSE, which found that during lockdown, abuse by current partners, as well as by family members, increased on average by 8.1% and 17.1% respectively, whereas abuse by ex-partners declined by 11.4%. This increase in domestic abuse calls is driven by third-party reporting, which suggests that there is significant underreporting by actual victims, particularly in households where the abuse cannot be reported by an outsider.

An analysis of more than 16,000 cases of domestic violence enacted on one individual by another showed that the current predictive system failed to classify over 1,700 situations as high risk, which subsequently saw a repeat attack—a negative prediction rate of 11.5%.

The LSE research found that by utilising technology, through machine-learning methods, or AI, this negative prediction rate could be cut to between 7.3% and 8.7%. In England, domestic violence accounts for one-third of all assaults involving injury. A crucial part of tackling this abuse is risk assessment—determining what level of danger someone may be in so that they can receive help as quickly as possible. This means prioritising police resources in responding to domestic abuse calls accordingly.

This risk assessment is currently done through a standardised list of questions, administered to the victim by the responding officer, as well as the officer’s own professional risk assessment of the case. The DASH—domestic abuse, stalking, harassment and honour-based violence—form consists of around 28 questions used to categorise the case as standard, medium or high risk. If a case is assessed high risk, this suggests that an incident of serious harm could occur at any time, and this triggers resources aimed at keeping the victim safe. However, the DASH data is available only after an officer has appeared on the scene.

The research shows striking inconsistencies in DASH across the country. In 2014, HMIC found that 10 police forces classified fewer than 10% of domestic abuse cases as high risk, while three forces designated over 80% as high risk. This vast deviation casts serious doubt on the accuracy of current predictive methods.

A recent report from Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services reveals concern that the police are sometimes too slow in getting to domestic abuse incidents and that there were delays in responding to cases in over a quarter of forces. The inspectorate also found that, in a small number of cases, the delays are because the forces do not have enough officers available to attend.

LSE data analysis compared the predictive power of conventional DASH risk assessments with risk assessments using a machine-learning approach. It applied the different prediction models to calls to Greater Manchester Police between 2014 and 2018, and compared predictions made, case-by-case, to actual violent recidivism over a period of 12 months from the initial call. When tested against the sample data, the predictive power of risk assessments from the conventional DASH method are low; a machine-learning prediction based on the underlying data from the DASH questionnaire performs better; while a machine-learning prediction based on two-year criminal histories of victim and perpetrator performs much better still.

The researchers—Professor Tom Kirchmaier, Professor Jeffrey Grogger and Dr Ria Ivandic—therefore suggest that police forces should use machine-learning predictions based on two-year criminal histories, rather than DASH, to make risk assessments and prioritise responses to domestic violence calls.

Vitally, the research also found that by improving the data compiled during the investigation of domestic violence cases, to include details such as previous criminal convictions, incidents of violence, and the number of previous reports of domestic abuse, the negative prediction rate could be cut further to 6.1%. Up to 1,200 repeat attacks missed under the current system would have been identified.

We all know that there is a real problem with the use of data by the police. The Royal United Services Institute, in a report last year, identified some of the issues facing police forces in the use of data. It reported that in recent years, police use of algorithms has expanded significantly in scale and complexity. It argued that this was driven by three closely related factors. First, a significant increase in the volume and complexity of digital data has necessitated the use of more sophisticated analysis tools. Secondly, ongoing austerity measures have resulted in a perceived need to allocate limited resources more efficiently, based on a data-driven assessment of risk and demand. Thirdly, the police service is increasingly expected to adopt a preventive rather than reactive posture, with greater emphasis on anticipating potential harm before it occurs.

But—and here is the “but”—interviewees highlighted the lack of an evidence base, poor data quality and insufficient skills and expertise as the three major barriers to successful implementation. In particular, the development of policing algorithms is often not underpinned by a robust empirical evidence base regarding their claimed benefits, scientific validity or cost-effectiveness. In this case, we do have evidence. The Minister will obviously know the Greater Manchester police force well. I hope she might be able to look at this to see how far it could be extended to other forces and encourage best practice.

The failure to use data effectively is also at the heart of Amendment 62, to which I have also put my name. At a briefing last week for noble Lords, LSE researchers noted that domestic abuse prevention notices will be an important and much-appreciated new tool in the fight against domestic abuse. However, when an officer is considering handing one out, having access to the criminal history of the alleged perpetrator should be a crucial aspect of their decision-making. As mentioned, more than one in 10 people who report domestic abuse will call again within a year to report a repeat violent attack, and that is only one aspect of the kaleidoscope of past violence and abuse that may be known to the police but not necessarily utilised, or even known, by an officer attending a case of reported abuse.

One key challenge that we have to overcome is that police forces do not currently have systematic ways of recording the same person, victim or perpetrator. This means that, oftentimes, repeat victims or perpetrators are not spotted or no action is taken to protect from and prevent abuse. Forces rely on correct spelling of the full name and date of birth to access records, but data entry can be found to be incorrect or incomplete. Thames Valley Police has taken positive steps to address this issue and it could be used as a case study example that others could follow.

However, we know that police forces do not share data systematically, apart from via the national police computer, which records only charges. This calls into question the full effectiveness of Clare’s law and police forces’ ability to give full information to potential victims about known abusers and, in the process, to prevent future abuse. The system can clearly be improved. Enshrining in legislation the ability for the police to use previous criminal records to determine whether to hand out a notice could be an important prompt to improve data sharing and, in doing so, save lives.

I appreciate that this is rather technical but, given the current failures in the system, we need to use all the ammunition we can. I hope the Minister might be able to respond sympathetically to the amendment. I beg to move.

Photo of Lord Dholakia Lord Dholakia Co-Deputy Leader of the Liberal Democrat Peers 3:00, 27 January 2021

My Lords, I am pleased to contribute on my Amendment 50, which is supported by my noble friend Lord Paddick, who brings with him his vast experience in policing matters.

The amendment would ensure that a specified public authority complied so far as reasonably practical with a request made to it, including by the provision of information. The wording proposed is essential and further strengthens the power of the commissioner. “Specified public authority” is clearly defined in Clause 15(3).

I mentioned at Second Reading my serious concern about the way some agencies, including the police and local policing bodies, have dealt with serious crimes. The position is more acute now during the lockdown. A number of pieces of research point to increasing violence and online-facilitated child sexual abuse, which is an ugly feature of our society.

We are aware of how easy it is to ignore these problems through lack of action, as clearly demonstrated by the Manchester police force. In the 12-month period reviewed by inspectors, the Manchester force had recorded 77.7% of reported crimes, a drop of 11.3% from 2018. The report further stated that one in five of all crimes and one in four serious violent crimes are not recorded. The force is probably the second largest in the country and it failed to record 80,000 crimes in that year. This is shocking. We do not know the background to those serious crimes. How many involved rape and serious domestic assault? Of course, I do not refer to the CPS at this stage, because a review is ongoing.

Has the Home Office asked the remaining police forces to provide information on non-recording of crimes? We will never know. Our amendment would ensure that it would be for public bodies not only to comply with a request but to provide a breakdown of such information, which would help victims with counselling and other services provided in local areas.

I have never quite understood why we need to be so secretive. One should not have to rely on the Freedom of Information Act to obtain such information. It should be provided by all agencies listed in Clause 15(3). Our amendment would ensure that all agencies recorded complaints, with those of domestic abuse being a top priority for the commissioner.

We have heard repeated questions in your Lordships’ House about the serious crimes of rape and domestic violence. We are thankful to a large number of charities which provide shelters for victims and for the valuable work done by volunteers, but that is not enough. We need to do more. We want police and crime commissioners to set out objectives for their areas as identified by the domestic abuse commissioner.

Any administrative system which is not properly monitored is bound to fail. Monitoring is the outcome of any policy adopted. It is not good enough to say that we have legislation to tackle domestic abuse. We must ensure that we look systematically at outcomes and take measures to address any anomalies identified.

We have lots of past examples involving similar issues to reflect on: stop and search is one. The Scarman report following the Brixton disorders of the 1980s clearly identified excesses. We now ensure that all incidents are recorded and that measures taken are proportionate and intelligence-based. Let us hope that our amendment will go some way in building the confidence of the community in this legislation.

Photo of Baroness Garden of Frognal Baroness Garden of Frognal Deputy Chairman of Committees, Deputy Speaker (Lords)

The noble and learned Baroness, Lady Butler-Sloss, has withdrawn, so I now call the noble Baroness, Lady Grey-Thompson.

Photo of Baroness Grey-Thompson Baroness Grey-Thompson Crossbench

My Lords, I shall speak to Amendments 23, 28 and 62 in this group, to which my name is attached. I thank the noble Lord, Lord Hunt, for moving the first of these amendments and for comprehensively covering their purpose. I draw your Lordships’ attention to my entry in the register of interests in that I am a vice-chair of the Local Government Association.

Amendments 23 and 28, supported by London School of Economics research, make explicit the importance of utilising data and technology in the prevention, reporting and detection of domestic abuse and the commissioner’s important role in supporting this. Examples include encouraging the use of new “silent” methods of reporting abuse—especially important during lockdown—and using artificial intelligence methods, alongside better data usage, to determine the likelihood of repeated abuse.

Amendment 62, again based on LSE research, would ensure that, when the need for a handing out a domestic abuse protection notice was being considered, senior police officers could take into account any previous related criminality and convictions held by the alleged perpetrator. LSE research has shown that previous convictions can be a key indicator of the potential for future incidents of domestic abuse and yet are not currently taken into account when they should be regarded as a priority by any police officer considering handing out a DAPN.

Having access to the criminal history of the alleged perpetrator should be a crucial aspect of decision-making. The amendment would improve data sharing to strengthen the ability of the police to make informed, and potentially life-saving, decisions. It would enable immediate protection for survivors following a domestic abuse incident; for example, by requiring a perpetrator to leave the victim’s home for up to 48 hours.

Currently, there are many significant issues with data sharing that can have serious effects on police forces’ ability to identify, prevent and tackle domestic abuse. Not having a systematic way of recording the same person, victim or perpetrator often means that repeat victims or perpetrators are not spotted or that no action is taken to protect and prevent.

Moreover, police forces do not share data systematically, apart from the police national computer, and that only records charges. Even more concerning, there is no data or systematic information exchange between non-profit and police, so abusers are able to be invisible to the police. That is a particular worry right now, when many people are hidden from sight.

There are many examples of where better use of technology and data can help tackle abuse, including helping to determine what level of danger someone may be in so that they can receive help as quickly as possible, and prioritising police resources and responding to domestic abuse calls accordingly. Using machine-learning prediction will go a long way to supporting those who desperately need it.

Photo of The Earl of Lytton The Earl of Lytton Crossbench

My Lords, I added my name to speak to this group, primarily in support of Amendment 23. I, too, declare my vice-presidency of the Local Government Association. This matter has been magisterially covered by the noble Lord, Lord Hunt of Kings Heath, so anything I say will be a mere shadow of what he and the other speakers have put down.

I, too, received the briefings, both before Second Reading and more recently, from the London School of Economics. I pay great tribute to it for having brought that matter to the attention of Members of this House. At Second Reading, I and other noble Lords—in particular the noble Lord, Lord Dholakia, who has just spoken—commented on the failure of crime recording to pick up many cases, particularly cases of domestic abuse. In defence of those who are charged with the recording of suspected crimes, especially domestic abuse, they are often difficult to identify in the snowstorm of all the other issues that may be involved. Indeed, domestic abuse may not be the primary purpose of the initiating call to the police or some other agency.

Professor Gadd of the University of Manchester, to whom I had the privilege of speaking last week, suggested to me that we need to be much more curious in our responses to crime, and in particular possible abuse. Complex patterns of behaviour and the way in which they manifest themselves are meat and drink to data analysts. It seems to me that if big tech companies can build up accurate pictures of all our various spending preferences and other things, so too can algorithms help us spot and codify trends of abuse.

I do not claim expertise in artificial intelligence, but I know about the need for accurate input data and, of course, we have had problems with police recorded crime. This obviously has not been helped by failings to record offences in, I would say, several police forces over quite a number of years and, of course, the recent loss of data from the police national computer. Even so, the negative prediction rate of 11.5%, which the noble Lord, Lord Hunt, referred to and which the LSE comments on, must be a matter for some significant concern, given the proportion that domestic violence, and repeat behaviour of that, represents as a component of all crime. Any machine-learned means of reducing this, and with it the tragic outcomes that cost this country so much in torment and treasure, must have a place. That is why I support this group of amendments, and Amendment 23 in particular.

However, collecting all the data in the world, as has been pointed out, is not going to be a great deal of use if it is not consistently collated, made available at the right time and shared with people who have a need to see it at the appropriate moment. The sort of checklists that have been referred to under the DASH system—a number of standard questions, consistently recorded, collated and available at the earliest possible stages of a proposed intervention—would, I am certain, be invaluable. There, I am satisfied that technology can help. I do not think that this requires reinvention but better management, oversight and adoption of appropriate IT systems. This would help reduce human errors and omissions. Above all, it is about avoiding unnecessary risk and optimising resources, as has been pointed out. This necessitates good training of call handlers and, as I say, being altogether more inquisitive and interrogative of data and callers to see what is actually lying behind the call. Otherwise, I do not think that we will make the best use of what IT offers. That apart, I believe that these amendments are extremely important in pointing a way forward.

Photo of Baroness Fox of Buckley Baroness Fox of Buckley Non-affiliated 3:15, 27 January 2021

My Lords, it might sound peculiar to say that I have great reservations about amendments that seem so sensible in putting forward a better use of technology, AI and data. What is there to argue with? However, I have some very big concerns about this set of amendments.

Using data as a predictive tool to improve preventive interactions sounds like common sense but could mean adopting a pre-crime approach that criminalises and demonises people when no crime has been committed. It can also be fatalistic and get things very wrong. One noble Lord made the point that algorithms can predict our likes and dislikes based on what we buy. Well, if you could see what Amazon predicts I will like, based on what I bought at Christmas, you would know that depending on algorithmic predictions in something as serious as criminal justice cases would be a mistake. We should be very wary of going down that road.

I think it is important to protect civil liberties, even in our eagerness to protect those at potential risk of being abused. When the likelihood of repeated abuse is based on data of previous convictions, I worry about branding someone as an abuser in perpetuity. We have to ensure that we do not forget redemption, second chances, the possibility of learning one’s lesson and rehabilitation. We have long since rejected the abhorrent practice of branding women with the letter A for adultery—a barbaric practice consigned to the past—and we must be wary of not metaphorically branding people as abusers through being cavalier about using data to predict future behaviour. We also have to consider the possibility of the police or the authorities undermining an individual’s life or job prospects on the grounds of an indelible label—branded an abuser forever. I worry about data being discussed in that way.

To take another issue, that of hate crime, we have seen problems with how data retention is being used. We already know that when no crime has been committed, non-crime hate incidents are stored and accessed by third parties and can be used as part of the DBS checks used by potential employers and other authorities. So I think we need to be very cautious here. In Amendment 62, the police can access previous related criminality and convictions when handing out a DAPN, which is after all a non-criminal sanction. We just need to be hesitant about saying that we can tell, fatalistically, what someone is going to do.

I am also concerned that data sharing is being talked about as though it is an obvious answer in preventive work. Data sharing is a contentious and important issue and we need to take it seriously in terms of this Bill. Sometimes under the guise of multi-agency work and precautionary inventions and policy, there may be a temptation to forget why we as a society understand that sharing data is something that should be done with great care for civil liberties and our commitment to the right to privacy. We even have special GDPR legislation—which in my view is overly bureaucratic and overzealous, but that is not the point. That makes a fuss if data sharing happens when, for example, theatre ticket data is shared with another arts organisation. That can be illegal. Therefore, just because we care so passionately about stopping domestic abuse, we should not be cavalier about data sharing. In intimate and family matters, data sharing needs to be handled sensitively.

Since the Covid emergency, we have become perhaps less vigilant about sharing our personal data, for example with track and trace. However, this is an emergency and not the new normal. Normal concerns about data sharing touch on important matters about who has access to data and our personal information. We rightly worry about the irresponsible sharing of intimate data concerning our medical histories or interpersonal relationships. I therefore either need reassurance to accept these amendments or will be objecting to them. I need reassurance that in our eagerness to protect victims of domestic abuse, we do not forget that data is not just a pragmatic, technocratic matter; its misuse can destroy lives. This is a political issue, and a matter of civil liberties that we take it seriously.

Photo of Lord Brooke of Alverthorpe Lord Brooke of Alverthorpe Labour

My Lords, I am very grateful for the opportunity to speak in this debate, particularly in following the noble Baroness, Lady Fox. Before I speak, I apologise to the Hansard writers; I was asked for my notes in advance and said “Well, here’s the notes, but there’s no guarantee that I will stick to them”. That is certainly the case, in the light of two developments.

First, there was the contribution of the noble Baroness, Lady Fox. I agree with everything she said about the need for care and caution in dealing with data and algorithms, and the way things are going in the future. I have no problem whatever with that. However, I will speak positively in support of Amendments 23 and 28. I congratulate my noble friend Lord Hunt of Kings Heath on his great opening speech, and the noble Baroness, Lady Grey-Thompson, who also spoke on those two amendments.

Secondly, I have had my feet and legs cut from under me, to a degree, by the great response that the noble Baroness, Lady Williams, gave on the group starting with Amendment 21, in the name of the noble Baroness, Lady Finlay. She referred to pressure from me, along with the noble Baroness, Lady Jenkin, for a review of how tagging might be employed. We had a meeting 10 days or so ago, at which I raised that issue. I said that I was not happy about the view expressed on alcohol by the Minister responsible for safeguarding, Victoria Atkins, at that meeting but, in fairness to her, she has responded very positively to the views we expressed about the potential need to use tagging in the area of domestic abuse. I hope that, in the context of our later debate on stalking, the Government will look at the use of tagging in a positive way—applying, of course, care and caution.

I thank the noble Baroness, Lady Finlay, for the work that she has done on tagging. She worked with the previous Mayor of London, whom I congratulate on a day when he is getting a kicking; the current Prime Minister was wise enough to see that there was a growth in abuse linked to alcohol, not a lessening, and that one way to slow it down might be to tag people who were drinking excessively. They were likely then to be sentenced and sent down; instead, they were tagged. I have met a lot of people in Alcoholics Anonymous meetings who have been tagged. They would rather have the tag than be sent to jail, given the stigma that goes with jail compared to being tagged, which is then forgotten about. I believe this can be applied equally in dealing with individual perpetrators. I have worked for perpetrators and tried to defend their interests as best I could, to get them on the right track. As the noble Baroness, Lady Williams, has recognised, tagging can be done very usefully; in turn, I think it can be used for stalking.

I am grateful to the LSE and, in particular, Manchester University for the work that they are doing. I believe we are opening up an entirely new area in which we need to do ever more work, not less. We are short of resources. I am grateful to the Royal College of Psychiatrists for the assistance that it gives me but we are extraordinarily short of psychiatrists. We need to spend time with individuals. We have to look for technology developments that enable us to gather the data which helps with identification, and to find positive ways in which algorithms can assist people. Why should algorithms be used solely for the benefit of profits for the gambling industry and so on? Why can they not be turned the other way, so that public services can use them beneficially to identify the facts about individuals and bring those facts to their attention, and then offer support and assistance to move in a different direction?

That is the message which I give to the noble Baroness, Lady Fox. We do not look back and worry all the time. Yes, we have cares and concerns, but we look to see what form of opportunities are opening up through AI and other technologies. Tagging is an old-fashioned technology; I was going to speak about that but I could spend some time on AI as well, which I will not. However, there is much opportunity here for us. In particular, we need to look at the segregated way in which our police forces operate. That approach has been worth while and beneficial, but it has had its day. Now, technology encompasses the whole world, not just Europe, and we need to see how we, in turn, can come together and work for positive outcomes.

Photo of Baroness Garden of Frognal Baroness Garden of Frognal Deputy Chairman of Committees, Deputy Speaker (Lords)

The noble Baroness, Lady Greengross, has withdrawn so I now call the noble Lord, Lord McConnell of Glenscorrodale.

Photo of Lord McConnell of Glenscorrodale Lord McConnell of Glenscorrodale Labour

I do not intend to repeat any of the comments made by my noble friend Lord Hunt in his very powerful and fascinating introduction. I hope that he has, at the very least, sparked off a debate that will continue. I look forward to hearing what the Minister has to say in response. I do not think that it would be fair to describe either that introduction or the actual content of the amendments as cavalier, as the noble Baroness, Lady Fox, did. I absolutely sympathise with being cautious in the use of data and careful with civil liberties. But if we read the amendments proposed by my noble friend Lord Hunt and others, to describe them as cavalier is a bit of an exaggeration. I hope that the Minister will respond positively on the issue. We will see where the debate goes next.

I will speak to Amendment 62, in the name of the noble Baroness, Lady Grey-Thompson, which is particularly important. In Clause 22, which it seeks to amend, there is a perfectly reasonable list of matters to be considered by a police officer when considering a domestic abuse protection notice. Adding

“the previous criminal history of P”, who is the person under consideration, to that list would make an incredible amount of common sense, as well as having real, practical impact on the day-to-day work of police officers. It would also be particularly reassuring for victims, who obviously might have an opinion; Clause 22 outlines anyway that their opinion should be considered. Amendment 62, on previous criminal history, is important.

I add, partly in response to the noble Baroness, Lady Fox, that this amendment does not suggest that past accusations made against somebody would automatically override other considerations or be disclosed publicly. What it suggests is that their previous criminal history might well be relevant in the determination of such a notice. That is indisputable; we know all the background, history and data on how often people reoffend in this area. We know an awful lot about the psychology involved in domestic abuse. It would a barrier to good decision-making and active prevention if police officers were not able to take into account previous criminal history. I strongly support Amendment 62 and look forward to hearing what the Minister says about the earlier amendments.

Photo of Lord Paddick Lord Paddick Liberal Democrat Lords Spokesperson (Home Affairs) 3:30, 27 January 2021

My Lords, as a former police officer, I find being critical of the police difficult but sometimes necessary. Couple that with the fact that I am a survivor of domestic abuse and all I can say is: wish me luck with this one.

I will first speak to Amendment 62, which deals with a senior police officer having to take into account the previous criminal history of the person he is considering giving a domestic abuse prevention notice to. I find myself in a similar position to the noble Lord, Lord Brooke of Alverthorpe, in that, regrettably, I was not provided with the briefings from the LSE. We need to be careful, as the noble Baroness, Lady Fox of Buckley, has highlighted. Clearly, police officers attending an incident of domestic abuse should routinely check on the antecedents of the parties involved, but the issuing of a domestic abuse prevention notice should be based on whether the police officer has reasonable grounds for believing that it is necessary to give the notice to protect the person from domestic abuse there and then.

The fact that someone has no criminal record does not mean that they do not present a danger to the complainant, and neither does someone having a criminal past mean that they present a danger to this particular victim. I draw a parallel with someone accused of a criminal offence, whose previous convictions are not normally revealed to a court until after their guilt has been established because the court must determine the facts of the case before it. Having said that, previous evidence of abuse of the current victim by the perpetrator in question is clearly an important factor.

Amendments 23 and 28 in this group require the domestic abuse commissioner to encourage good practice in the appropriate use of data and technology to aid in the prevention, reporting and detection of domestic abuse, including making recommendations to public authorities in these areas. The fact that we are debating these amendments has given a great opportunity for the LSE research to be brought to the attention of noble Lords.

As such, what the amendments are asking for is a subset of Clause 7(2)(b), on

“making recommendations to any public authority”.

While this is important, I am not sure it requires to be in the Bill. However, the noble Lord, Lord Hunt of Kings Heath, highlighted important research into how artificial intelligence—AI—and machine learning could be used to improve responses to domestic abuse. The noble Baroness, Lady Grey-Thompson, also highlighted the importance of silent reporting, especially during lockdown.

As my noble friend Lord Dholakia has said, Amendment 50, to which I have added my name, allows the commissioner to request information from public authorities. We have heard his concerns, reinforced by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, about the failure of the Greater Manchester Police to record crime that has been reported to it, particularly violent crime.

This has been a recurrent theme with the police service over the years, particularly with the police failing to take domestic violence seriously. From my own professional experience, I recall getting into trouble, many years ago, when I arrested a man who had broken a chair over his wife’s head—something that I should not have done, according to the prevailing culture at the time, because victims of domestic abuse often do not want action taken against the perpetrator. In this case, the victim had to be treated in hospital for her injuries, and, once treated, she did not want to take action against her husband, something I found difficult to understand until I became a victim of domestic violence myself.

From my own personal experience as a survivor, I know that perpetrators of domestic violence are very good at convincing you that there is no alternative to the abusive relationship you are in and that the pain they inflict is the price you have to pay for their affection. I must tell anyone in such an abusive relationship: you can, and you deserve to, have a loving relationship without the pain.

Although attitudes have changed in the police service, with prosecution of domestic abuse possible even without the consent of the victim—if there is physical evidence of assault, for example—we need to ensure that the police do not slip back into old practices, as Greater Manchester Police appears to have done in not recording crime, including violent crime and, no doubt, incidents of domestic abuse.

The Minister wrote to those who spoke at Second Reading and addressed this issue directly, including the issues in the Greater Manchester Police, following the publication on 10 December of the findings of Her Majesty’s Inspectorate of Constabulary and Fire and Rescues Services’ inspection of the service GMP provided to victims of crime. What the Minister says in that letter, for me, gives more cause for concern than reassurance. It says that the inspection is the first of HMICFRS’s new victim services assessment that assesses the end-to-end experience of victims, from the first report of a crime to its outcome. In this case, it included an inspection of the effectiveness of GMP’s crime recording processes. If this was the first inspection of this kind, what will future inspections of other forces unearth? GMP is unlikely to be alone.

If, as the letter says, since 2014, HMICFRS has carried out a discrete programme of police crime recording inspections, known as crime data integrity inspections, why have the problems at GMP only now been discovered? The Minister goes on to describe the process where HMICFRS makes recommendations to the chief officer of police for the force concerned, and says that “our expectation” is that the chief officer will take remedial action. Washing their hands of all responsibility, the Minister goes on to say that it is the responsibility of the local policing body, the mayor or police and crime commissioner to

“publish their comments and response to any recommendations for improvement made by HMICFRS.”

This is about the culture of the police service, which has in the past sought to reduce the pressure it is under by failing to record crime, including violent crime, and a culture that shies away from taking effective action against the perpetrators of domestic violence. This may be driven by the experience of reluctant victims, as I illustrated earlier, but perhaps it may also stem from a predominantly male police service that identifies with, or even empathises with, the perpetrator of domestic abuse. Yes, there have been improvements over the years, but what has been unearthed in Greater Manchester Police should set alarm bells ringing, not just at HMICFRS or among local policing bodies but at the Home Office and in the office of the Home Secretary.

In a private conversation with me, a former very senior police officer speculated that diversity goes out of the window when the police service comes under pressure, as it has done over the past decade, with the savage cuts to police budgets and corresponding reductions in police officers, police community support officers and support staff. The evidence from GMP is that victim care may also be a casualty. I also cite the evidence of the noble Lord, Lord Hunt of Kings Heath, that the police are not responding quickly enough because they are wrongly assessing the risk and have a lack of resources. Cuts to budgets, support staff and the money available for IT systems inhibit the kind of data analysis that the LSE is recommending.

The potential consequences for the victims of domestic abuse of soft-pedalling on issues surrounding diversity, and on the failure to record crime, are alarming, and the Home Secretary needs to take responsibility. This is central, as all the potential positive outcomes from the Bill will be impaired if we do not know the nature and extent of the problem. That, in turn, relies on victims of domestic abuse having confidence in the police service and knowing that, when they report domestic abuse to the police, they will be believed and it will be recorded and acted upon.

Photo of Lord Kennedy of Southwark Lord Kennedy of Southwark Opposition Whip (Lords), Shadow Spokesperson (Home Affairs), Shadow Spokesperson (Communities and Local Government), Shadow Spokesperson (Housing)

My Lords, how we protect, store and use data affects almost every aspect of our lives. The use of data to protect victims and catch the perpetrators of domestic violence, with encouragement of best practice by the domestic abuse commissioner, is something that every noble Lord should support. Data can tell us much about what has gone on before and that can inform our thinking going forward.

Amendment 23, proposed by my noble friend Lord Hunt of Kings Heath, would, in proposed new paragraph (e), add to the list of things in which the domestic abuse commissioner must encourage good practice. My noble friend gave us examples based on the LSE research and said how important a proper risk assessment is in triggering the effective and proper use of resources to protect victims. I look forward to the response to this from the noble Baroness, Lady Williams of Trafford. As I said on a previous group, if we are told that the amendment is not necessary, it is incumbent on the Government to set out very clearly how they believe the powers in the Bill are sufficient to deal with the concerns raised in the amendments in respect of the general duty under Clause 7(1) and (2) and any other proposed legislation. We would like to have that clarity from the noble Baroness.

Amendment 28, in the names of the noble Baroness, Lady Grey-Thompson, and my noble friend Lord Hunt of Kings Heath, would add two things that the domestic abuse commissioner may do in pursuance of the general duty under Clause 7. Again, we need clarity from the Government on this. My fear is that the duty could be viewed as so wide and open that things could fall through the gaps. We need something to underpin that, with an indication from the Government of what this list of things should cover. I hope we all agree about the good intent behind the amendment. The risk is that we are being too vague to deliver what we all want to deliver.

Amendment 50, in the names of the noble Lords, Lord Dholakia and Lord Paddick, is very reasonable, but, again, if the Government view it as unnecessary, we need to hear very clearly whether they are relying on Clause 15(1) to ensure that the domestic abuse commissioner has the necessary power and that there is no doubt that co-operation includes the provision of data from the public authority in question. In the past, we have seen public authorities query the need to provide such data. I never want to hear them giving some spurious reason relating to GDPR or any other regulation, or saying that they cannot provide data due to custom and practice. We have all heard those infuriating and unacceptable reasons given in the past, so it is clear that we need to make sure that that cannot happen again.

Amendment 62, in the names of the noble Baroness, Lady Grey-Thompson, and my noble friend Lord Hunt of Kings Heath, seems to be a no-brainer. I have never been a police officer and am not a lawyer but, when I speak in this House, I try to apply plain common sense to things. That has served me reasonably well over the last few years. If a person who might be served a domestic abuse protection notice has a criminal record and the nature of the offences could be relevant, surely that is valid information for a police officer to have available when making a decision on whether to serve a notice. My noble friend highlighted past failures in the system, so that is a risk that we should avoid.

I listened very carefully to the contribution of the noble Baroness, Lady Fox of Buckley. I agree that of course we have to be very careful about how people’s data is used, but if somebody has convictions for violence, such as violence against women and other serious offences, it is not unreasonable that a police officer should be aware of that when considering whether to serve a notice. Clause 22 lists four matters that a police officer needs to look at when considering whether a person, referred to as “P”, could be subject to a notice. They are all very reasonable and a police officer considering a person’s previous criminal history might be the most important.

I am not suggesting that if someone is nicked for driving while disqualified that is not a stupid and irresponsible thing to do, but if someone is nicked for serious violent offences, maybe against women or previous partners, it is not unreasonable for the officer to be aware of that and take account of it, along with the other four points listed, when making a decision. My noble friend Lord McConnell made a similar point.

I accept the point made by the noble Lord, Lord Paddick, that previous records do not necessarily inform future behaviour and that people can change and be rehabilitated, but I do not think it is unreasonable at least to be aware of them when it comes to certain offences. Having all the facts in front of you means that you can look at the situation in the round when making a judgment. I can also see a situation where, if someone had assaulted or hurt a previous partner and no one knew about it, and that person had not been given a notice and then someone got injured or killed, there would be uproar, with people saying, “What’s going on here? Why didn’t we know? Why didn’t the police officer know that this person had recently committed serious offences and they weren’t taken into account?” Therefore, this is about applying some common sense and acting reasonably, and in that way I think we can find a way forward. I am sure that the noble Baroness will do that, and I look forward to her response.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department 3:45, 27 January 2021

My Lords, I am grateful to the noble Lord, Lord Hunt of Kings Heath, for his very comprehensive introduction, and to the noble Baroness, Lady Grey-Thompson, for setting out the case for her amendments.

We can all agree with the premise behind Amendments 23 and 28—namely, that we should promote the use of data and technology, as the noble Lord, Lord McConnell of Glenscorrodale, said, in a cautious rather than cavalier way, to aid in the prevention, reporting and detection of domestic abuse.

I also thank the noble Lord, Lord Paddick, who speaks on this Bill from a unique position, as both a former police officer and a survivor of domestic abuse.

The Domestic Abuse Bill introduces a range of new measures, including the use of data and technology to protect and support victims of domestic abuse and monitor perpetrators. For example, as we discussed earlier, the domestic abuse protection order can impose both prohibitions and positive requirements on perpetrators, including an electronic monitoring requirement, or tagging. I am happy that today I have made the noble Lord, Lord Brooke of Alverthorpe, so happy, because we have now come a long way since our disagreement on liqueur chocolates. That is an in-joke that only some noble Lords might get.

Victims of domestic abuse will be eligible for one or more special measures in the criminal, civil and family courts. Such special measures could include the use of a live televised link in a courtroom to enable a witness to give evidence during a trial or proceedings from outside the courtroom, and the use of pre-recorded video interviews before the trial or other proceedings.

The Bill provides for a pilot of mandatory polygraph examinations for domestic abuse offenders released on licence. I will not dwell on that now, as the noble Lord, Lord Marks, has indicated that he wants a debate on Clause 69 when we get there in a few days’ time. The noble Lord, Lord Hunt of Kings Heath, outlined the real benefits of machine-learning predictions for police. Of course, technology is already a key component of the police response to domestic abuse.

At this juncture, I will refer to the comments of the noble Lords, Lord Dholakia and Lord Paddick, on the HMICFRS inspection of Greater Manchester Police and the victims of crime. The noble Lord, Lord Paddick, said that what was unearthed should set alarm bells ringing, and I agree. He also said that if this is the first assessment, what will future assessments show to other police authorities? However, that is not a reason not to do it, and it will give cause for concern to other police authorities about how they might make improvements if necessary. We are not washing our hands of it. I brought the devolution Bill through your Lordships’ House some years ago. Devolution is an opportunity for local people to have a better determination of their own future through their elected representatives, in this case the mayor and the deputy mayor for policing.

We welcome HMICFRS’s decision to escalate the force to its police performance oversight group, which includes senior leaders from the National Police Chiefs’ Council, the College of Policing, the Association of Police and Crime Commissioners and the Home Office. It met on Monday 26 January to scrutinise GMP’s plans for improvement and to consider whether additional support from within the sector may be necessary to support the force in quickly delivering the necessary step change in performance. We welcome HMICFRS’s decision to reinspect the force in six months’ time to assess progress; that is likely to be in May. As the noble Lord, Lord Paddick, outlined, we expect the mayoral response to the report to be published no later than 4 February.

Police forces use technological solutions to provide emergency protection to victims, such as TecSOS devices that provide victims with immediate connection to the police at the touch of a button, or the Hollie Guard app, which allows the victim to send an alert to chosen contacts if they are in danger, notifying them of the victim’s location and capturing audio and video evidence. There is also the Bright Sky app, which professionals and victims can use to access information and support on domestic abuse. It also enables the recording of evidence of abusive behaviour. Clare’s law also comes to mind, allowing data on partners’ previous abuse history, and the noble Lord, Lord Paddick, also reminded me of the silent calling facility, which is such a benefit to people who cannot ask for help but who are in danger. As part of a police investigation of a domestic violence incident and any subsequent prosecution, the footage from body-worn video can also play a key part in building up an irrefutable case for the prosecution. As for the use of data, I agree that it is equally important to properly understand the needs of victims and to put in place the policies and services to meet those needs. That is why, for example, the first duty on tier 1 local authorities under Part 4 of the Bill is to assess the need for domestic abuse support in their areas. Robust and reliable data is the key to this in the context of Part 4 and elsewhere.

The noble Lord, Lord Hunt of Kings Heath, outlined the benefits of machine learning in the assessment of risk. We have worked with the College of Policing to develop the domestic abuse risk assessment, which is an improvement on the established DASH risk assessment process. Evidence-based research helped us develop that, and with a number of charities, we have also developed the Domestic Abuse Matters training programme, which has been academically proven to increase officers’ empathy with victims, and their understanding of abuse. Things are improving. We have come a long way from the days when police officers saw domestic abuse as “just a domestic”.

While I support the underlying premise of Amendments 23 and 28, I hope that the noble Baroness and the noble Lord will agree that the amendments themselves are not needed, since Clause 7 already sets out broad functions for the domestic abuse commissioner in encouraging good practice for the prevention and detection of domestic abuse. This will include good practice in relation to the use of data and technology.

On Amendment 50, I assure the noble Lord, Lord Dholakia, that the duty to co-operate with the commissioner, as provided for in Clause 15, extends to the provision of information. The Explanatory Notes to the Bill make this clear. This is one of those occasions when we believe it is preferable to keep the duty at a high level. There is always the risk, when a general proposition is followed by particular examples, of leaving the impression that the list of examples is exhaustive—or, indeed, that something is left out. We do not want inadvertently to leave the impression that the provision of information is the only form of co-operation.

Amendment 62 jumps ahead to Part 3 of the Bill. The amendment seeks to ensure that police take into account an individual’s previous criminality and convictions when considering issuing them with a domestic abuse protection notice. The matters to be considered listed in Clause 22 are designed to ensure that police take into account the impact of the notice on those directly or indirectly affected by it. The power to issue a notice enables the police to require an individual to leave their home for a period of up to 24 hours, as the noble Lord, Lord Paddick said, when dealing with the immediate crisis. These provisions therefore provide an important safeguard by ensuring that the police give careful consideration to the impact of the notice on those affected when they are exercising this quite significant power. Again, the spirit of the amendment is certainly one that we can support.

When deciding whether a notice is necessary to protect a victim from domestic abuse, the police will consider a range of factors, including the history and the context of abuse, as the noble Lord, Lord Kennedy, outlined. The College of Policing’s guidance on domestic abuse makes it clear that police should carry out comprehensive checks when responding to a domestic abuse incident, including: the alleged perpetrator’s history of abuse in relation to the victim, or previous victims; previous risk assessments; court orders or injunctions; convictions; and child protection information. Importantly, these checks ensure that intelligence on incidents and behaviours that have not resulted in a criminal conviction is considered. Furthermore, the draft statutory guidance for police on the domestic abuse protection notices and orders, which we published ahead of Committee, makes it clear that when deciding whether to issue a notice, the police should also consider other relevant information and evidence, such as incident reports from previous callouts, including those against other victims, and any intelligence from other agencies or organisations.

Having highlighted these important issues, I hope that the noble Lord, Lord Hunt, will be content to withdraw his amendment.

Photo of Lord Faulkner of Worcester Lord Faulkner of Worcester Deputy Chairman of Committees, Deputy Speaker (Lords)

My Lords, I have received two requests to speak after the Minister, from the noble Lords, Lord Ponsonby of Shulbrede and Lord Kennedy of Southwark.

Photo of Lord Ponsonby of Shulbrede Lord Ponsonby of Shulbrede Shadow Spokesperson (Justice)

My Lords, in fact the Minister answered my question in almost her final sentence. It was about the status of callouts when considering this data. Police callouts are available to family courts and to sentencing criminal courts in domestic abuse cases. My question was going to be about the availability of that information to DAPOs, but I think that the Minister answered it in the affirmative.

Photo of Lord Kennedy of Southwark Lord Kennedy of Southwark Opposition Whip (Lords), Shadow Spokesperson (Home Affairs), Shadow Spokesperson (Communities and Local Government), Shadow Spokesperson (Housing) 4:00, 27 January 2021

I think the Minister’s answer will again be yes, as she clarified this issue in her last remarks. Clause 22, on these other matters, says

“a senior police officer must, among other things, consider”, and then lists four issues that they must consider. Among those “other things” is of course someone’s previous record. I ask her to clarify that further.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department

I think it is yes to everything. The whole context has to be taken into account when issuing both a DAPN and a DAPO.

Photo of Lord Hunt of Kings Heath Lord Hunt of Kings Heath Labour

My Lords, this has been an excellent debate. I am very grateful to all noble Lords who have spoken and to the Minister for her sympathetic response.

I think we are all seeking the same thing. As the noble Lord, Lord Dholakia said, one cannot underestimate the importance of data in measuring crime, monitoring police actions and focusing on outcomes. That is why the noble Baroness, Lady Grey-Thompson, to whom I am very grateful, emphasised the importance of the use of data and new methods of technology in helping to address what I think we all agree—this is part of the reason for the Bill today—has been the very patchy response to domestic abuse that we have seen in previous years. The noble Earl, Lord Lytton, spoke very wisely about the better management and oversight of IT solutions and the contribution that they can make.

I listened with great care to the reservations of the noble Baroness, Lady Fox. As she said, what sometimes sounds like common sense could be fatalistic and could undermine liberties. One would be unwise to dismiss that out of hand. As with many things, there are balances here: a balance of risks and a balance of opportunities. The issue for me is that the current methods of prediction are falling short and, from the LSE research, it looks as though we could find a way to get the predictive rate up. In view of the failures in relation to domestic abuse, this is a very important consideration indeed.

I was interested to hear my noble friend Lord Brooke talk about tagging. He is a real expert on the impact of alcohol on domestic abuse and more generally. I was grateful for his support, as I am to my noble friend Lord McConnell. He made some important remarks about being cautious over the use of data but acknowledged that my amendments themselves are not cavalier and, in a sense, are an encouragement to enable better practice in this area.

I was very touched by the remarks of the noble Lord, Lord Paddick, who spoke very sensitively about his own experience and how we might learn from it. He was of course right to reflect on funding issues and the impact they have had on the police in using technology to support victims and tackle domestic abuse as a whole. My noble friend Lord Kennedy thought this was being proposed as a common-sense solution, and I very much agree with him.

The Minister was sympathetic, and I am grateful to her for that. She talked about the work that her department is doing with the College of Policing on risk assessment. It might be that she could encourage the college to talk to the LSE about its work to see whether that could inform further developments in future.

On Amendment 62, she has made it clear that the use of the phrase “other relevant information” essentially covers the point that I have raised, and interventions by my noble friends Lord Ponsonby and Lord Kennedy have confirmed that.

This has been a very good debate, and I hope it has been a constructive contribution to encouraging police forces to use data more effectively. Having said that, I beg leave to withdraw my amendment.

Amendment 23 withdrawn.

Photo of Lord Faulkner of Worcester Lord Faulkner of Worcester Deputy Chairman of Committees, Deputy Speaker (Lords)

We now come to the group beginning with Amendment 24. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment or anything else in the group to a Division must make that clear in debate.