Key Facts

• Amendment proposed to include 'provider of care' definition.
• Section 42 of the Care Act 2014 places duty on local authorities for safeguarding inquiries.
• In 2018-19, 89% of section 42 inquiries reduced or removed risk to individuals.
• The amendment would insert a clause defining 'personally connected' to include those living in the same household.
• The Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 includes people who live or have lived in the same household under its definition of associated people.
• In England, younger households are more likely to live in house shares and privately rented accommodation, with figures showing that 35% of private renters aged between 25 and 34 live in this arrangement.
• The Bill aims to address domestic abuse in a specific context based on intimate relationships.
• There is concern that including 'household' in the definition could inadvertently reduce focus on non-cohabiting abusive relationships.
• An example given includes serial perpetrators conducting abuse against several women without living with them simultaneously.
• The Home Secretary has the power to appoint the domestic abuse commissioner.
• There is no guidance on how the appointment process will be conducted in the Bill.
• Select Committees can provide additional scrutiny, enhancing the credibility of the commissioner's role.
• The Joint Committee on Human Rights and Women and Equalities Committee raised concerns about a conflict of interest when selecting the chair of the Equality and Human Rights Commission.
• Peter Kyle advocates for increased parliamentary involvement in public appointments, including giving power to committees to veto appointments.
• Victoria Atkins explains that Nicole Jacobs was appointed early to start groundwork without statutory powers, which has been valuable during the pandemic.
• The appointments process involves scrutiny by legal advisers in the Home Office, Cabinet Office, and elsewhere.
• Dame Sara Thornton is an example of an independent and powerful voice as the Independent Anti-Slavery Commissioner.
• Subsection (3) of clause 3 ensures the commissioner is not regarded as a servant or agent of the Crown to support their independence.
• The government proposes a mapping exercise rather than a duty for community-based services.
• Off the top of her head, Jess Phillips mentions that 70% of all domestic violence victims are supported by community-based services.
• There is a concern about devolving responsibilities to the commissioner without adequate funding.
• The commissioner has an annual budget of over £1 million.
• The budget will provide for 10 to 12 staff members.
• Clause 8(3) allows the commissioner to charge authorities or organisations for advice or assistance.
• There are approximately 80 charities in one county working on domestic abuse issues.
• Public authorities must respond within 56 days to reports from the commissioner as per clause 15.
• Clause 5 gives the Secretary of State authority to appoint staff and resources for the Commissioner.
• The clause states that the Secretary of State must consult and obtain approval from the Commissioner before providing staff or other facilities.
• Previous issues were raised regarding control over budget, staffing, and report content affecting a former independent anti-slavery commissioner.
• Concerns raised about the domestic abuse commissioner's role include independence, resource allocation, and operational powers.
• The Bill limits the commissioner’s remit to domestic abuse only, excluding other forms of violence against women and girls.
• Approximately 56% of reported rapes occur within marriages or relationships.
• The Bill aims to establish a domestic abuse commissioner.
• Concerns about the commissioner’s ability to act independently without ministerial interference are raised.
• Clause 11 is discussed in relation to the commissioner’s advisory board representation.
• The commissioner's role has been extended from three days to four days a week based on her workload.
• Reports and strategic plans will now be laid directly before Parliament rather than through the Home Secretary.
• The requirement for approval of strategic plans by the Home Secretary has been changed to consultation.
• Amendment changes 'direct' to 'request'.
• Focuses on clauses 7 and 8.
• Aims to maintain commissioner's independence.
• Karen Buck seeks to amend clause 10(1) of the Domestic Abuse Bill by removing 'direct' and replacing it with 'request'.
• The draft framework document allows for a 28 working day period for dispute resolution between the commissioner and the Home Secretary.
• The process outlined in the draft framework could lead to delays of up to almost 60 working days for resolving disputes.
• Clause 8(5) states that before publishing advice given under this section, the Commissioner must send a draft to the Secretary of State.
• Nicole Jacobs was appointed as the designate commissioner for domestic abuse last September.
• Amendments 43 and 44 would substitute 'direct' with 'request', leveling the relationship between the Home Office and the commissioner.
• The commissioner's power comes from clause 7 of the Bill.
• Subsection 4 allows the Home Secretary to direct omissions only under narrow circumstances: protecting safety or prejudicing an investigation/prosecution.
• If disagreement arises, the commissioner can include a note in their report stating that certain information was omitted by the Home Secretary.
• The hon. Member for Hove raises concerns about clause 8 of the Domestic Abuse Bill.
• There is worry that parts of the Bill give power to interfere with the commissioner’s work, potentially making it bureaucratic and slow.
• Karen Buck emphasizes the need for a clear letter of law to protect the independence of the commissioner.
• The amendment seeks to add representation for Wales on the commissioner’s advisory board.
• Sara Kirkpatrick from Welsh Women’s Aid highlighted differences in rural areas and service availability.
• Services in Welsh-speaking areas should be available through the medium of Welsh.
• The Joint Committee recommended consultation with Wales.
• Clause 11(4) specifies charities and voluntary organisations in England.
• Subsection (4)(b) restricts membership of the advisory board to English organisations for reserved matters such as policing, criminal, civil, and family justice.
• The amendment was withdrawn.
• Further consideration of the issue will be adjourned until Wednesday 10 June.