Key Facts

• Amendment 45 changes the requirement for the Commissioner to submit an annual report to the Secretary of State to a requirement to report annually to Parliament.
• Amendment 46 includes provisions that require the Commissioner to lay copies of every annual report before Parliament, ensuring no material is included that might jeopardise safety or prejudice investigations.
• The amendments aim to address concerns raised in prelegislative scrutiny about the independence of the Domestic Abuse Commissioner.
• Amendment 45 proposes changing the recipient of the commissioner’s annual report from 'Secretary of State' to 'Parliament'.
• Amendment 46 aims to prevent material that could jeopardise safety or prejudice investigations/prosecutions in the report.
• There are two ongoing formal processes involving allegations of abusive behavior against the Home Secretary.
• The commissioner's role involves giving voice to disempowered people in society.
• There will be times when the commissioner needs to conflict with Home Office policy on issues such as migrant women, legal aid, and law enforcement experiences.
• Reporting to the Home Office is seen as a complex relationship due to its numerous officials.
• Clause 13 has been changed so that it is the commissioner who must arrange for a copy of her report to be laid before Parliament.
• The change follows recommendations from the Joint Committee and aims to provide more independence to the commissioner.
• Previous statements by Ms Jacobs and Zoë Billingham indicate confidence in their relationship with the Home Office.
• The amendments clarify references to 'the Common Council' in clauses 14 and 57 relate to its capacity as a local authority.
• Clause 14 deals with the duty to co-operate with the commissioner for public authorities listed in subsection (3).
• Public bodies are expected to act on fully reasoned recommendations by the commissioner.
• Responses to public consultation highlighted confusion over existing protective orders.
• DAPOs bring together elements of non-molestation, occupation, restraining, and domestic violence protection orders.
• Protection notices can be issued by police for up to 48 hours.
• Victims or other persons can apply directly for a DAPO with court leave.
• The new system requires abusive behaviour rather than violent behaviour as a precondition for orders.
• Criminal sanctions are introduced with the power of arrest for breaches of the order.
• There is a two-year pilot in various areas to assess the effectiveness of criminalising breaches.
• Joint Committee raised concerns about difficulties in operating current domestic violence protection orders.
• Police forces across England and Wales have varying levels of usage of DVPNs and DVPOs, ranging from three to 229 per force.
• Costs for DAPO applications are a concern; police currently pay £205 for an application and £515 for contested hearings.
• Olive Craig stated that the cost is one reason why police do not use these orders frequently.
• Peter Bone offers assistance when the Minister is struggling due to the absence of officials and box notes.
• The suggestion is made to revisit specific points in the session for better clarity.
• Amendments include 57, 58, 59, 60, 61, 62, 63, 64, 65, and 66.
• The amendments aim to give discretion for considering the workplace when issuing domestic abuse protection notices or orders.
• In 2016, four women were murdered at their workplaces by men.
• Andrew Burke killed Cassie Hayes, his ex-partner's new girlfriend, at a Tui travel shop in Southport.
• Rachel Williams suffered much of her abuse in the workplace and was restricted from working with male colleagues or cutting men’s hair.
• 47.3% of respondents to a TUC survey said their partner physically turned up at their workplace.
• 43.6% reported being stalked outside their workplace.
• Three quarters of women who experience domestic violence are also targeted at work.
• Three women were murdered at work last year due to violence against women and girls.
• The Health and Safety Executive lacks specific guidance for violence against women and girls at work.
• DAPO currently covers homes and travel but not workplaces.
• A quarter of people meet their partner at work.
• Domestic abuse-related stalking and harassment cases make up more than 60% of cases heard at magistrates courts.
• More than one third of all reported stalking and harassment takes place at work or at home.
• The Employers’ Initiative on Domestic Abuse aims to help businesses take steps to assist employees suffering from domestic abuse.
• Clauses 19 to 23 relate to emergency notices issued by senior police officers for a short period of up to 48 hours.
• Clause 21(2) requires the police to consider opinions of other people working on premises before issuing restrictions.
• Clause 21 requires the welfare of any child potentially affected by domestic abuse to be considered.
• Police must take reasonable steps to find out the victim's opinion before giving a notice but do not need their consent.
• The police officer must also consider the opinions of other residents personally connected to the perpetrator if conditions relate to shared premises.