Part of the debate – in Westminster Hall at 3:52 pm on 16 March 2005.
My hon. Friend Ms Drown will appreciate that by outlining the case in great detail she has not left me much time to respond, but I will do so as fully as I can. May I begin by congratulating her on bringing the tragic case of Julia and William Pemberton to the attention of the House this afternoon? I join with my hon. and learned Friend Vera Baird in paying tribute to the way she has pursued the issue and others in this place on behalf of her constituents. It is important when we develop policy that we do so in a way that is informed by cases such as this tragic one, so that we get our policies right and make them more effective.
It was concern about precisely this kind of tragic case that gave the momentum to the legislation which my hon. and learned Friend mentioned, the Domestic Violence, Crime and Victims Act, which it was my privilege last year to take through the House. It received Royal Assent in November. There are some relevant measures within that Act which I hope will give my hon. Friend some reassurance.
There are two main messages. The first is to victims of domestic violence: the Government and the law are on their side and they can expect that the law will move more swiftly to their aid. Just as important, the message to the perpetrators of domestic violence is that their behaviour will no longer be tolerated and that if they persist in that behaviour they will feel the full weight and force of the law as it bears down upon them.
It might be helpful if I mentioned some specific measures in the Act that are relevant. First, it makes common assault an arrestable offence. That means that it will now be a police matter whether to arrest when called out to a domestic violence incident when there has been an assault. In other words, there will no longer be the burden on the victim to press charges. Secondly, it criminalises the breach of a non-molestation order and changes the law, so that the police can always arrest for breach. Where a non-molestation order has been issued, breaching it will always be a criminal offence and therefore will attract the power of arrest. Again, that shifts the burden of responsibility for enforcement from the victim to the criminal justice system.
I hope that my hon. Friend is reassured that the new power addresses one of the key points that she raised. In other words, the power of arrest will automatically be attached to every breach of an order. She mentioned the specific case involving Julia. The problem seems to have been that the order was downgraded to an undertaking and that her understanding of what that undertaking meant in terms of the power of arrest was not actually what could happen. We must ensure as we go forward that everyone—the police and the courts—are clearer about the new powers.
We are extending the availability of restraining orders to cover all violent offences. Following any violent incident, courts will now have the power to issue a restraining order against a perpetrator or potential perpetrator. We are also introducing local multi-agency homicide reviews. During 2005, we shall commence the introduction of homicide reviews for all domestic violence-related homicides, so that local agencies can learn lessons and adjust their policies and procedures accordingly. I shall say a little more about that in a moment.
I know that my hon. Friend has a specific concern about whether there could be a domestic homicide review in relation to this case. She acknowledged—indeed, my hon. and learned Friend the Member for Redcar made it clear—that there are new provisions for domestic homicide reviews to take place. We are developing guidance on that. The reviews will not be mandatory. We want them to be light-touch investigations that improve practice, so that local agencies can make the necessary changes, but there will be a reserve power for the Secretary of State to order such a review if there is a lack of willingness and it is considered necessary for that to take place.
My understanding is that there is not a power for that to be operated retrospectively, but given that the issue has been raised this afternoon, it will need further clarification. My noble Friend Baroness Scotland will meet my hon. Friend and members of the family in the near future. I hope that, by the time that that meeting takes place, we can be clear on whether there is a retrospective power. I do not believe that there is that power, but I undertake to provide clarity on that. Having said that, there would be nothing to prevent the local agencies from deciding to conduct such a review themselves. Already in certain parts of the country and certainly in London on occasion, the agencies voluntarily agree to undertake a review. It is a deeply serious point that we should learn from every tragedy wherever we can.
My hon. Friend will understand that, although we all look forward to the introduction of the important measures in the Domestic Violence, Crime and Victims Act, the question whether there is a retrospective power will need further clarification. She will also understand that, although I have responsibility for the law and policy in relation to coroners services, I do not carry the authority to discipline coroners or to take any view about their conduct. That is a matter for the Lord Chancellor and the Department for Constitutional Affairs, but I will draw to the Lord Chancellor's attention the comments that she has made this afternoon.
The 2004 Act will give us new powers to ensure that the victim in cases of domestic violence is better protected, but in the end we are trying to change the culture—the custom and practice—so that all criminal justice agencies operate with the interests of victims of domestic violence at the heart of everything that they do. Domestic violence homicide reviews will help to change the culture, as will the more certain powers that we have, but we must make it clear that the victim is our top priority.