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Standing Committee E
Thursday 1 July 2004
(Morning)
[Dame Marion Roe in the Chair]
9.10 am
Mrs. Cheryl Gillan (Chesham and Amersham) (Con): On a point of order, Dame Marion. I wonder whether you can help me. I think that it is only fair to raise the following matter at this stage in proceedings.
The Bill started in November 2003 in another place. On 4 March, it was the subject of a complaint by Baroness Anelay, who voiced the Opposition's views on the fact that even though the Bill had already been in the other House for three months 17 pages of Government amendments on mental incapacity were suddenly tabled on the eve of the eleventh hour. At that stage, my noble Friend asked for recommittal proceedings, which were quietly brushed aside.
What is so sad about this Christmas tree Bill is that almost nine months later and four sittings before the end of the agreed time for the scrutiny of the Bill by this Committee, the Government have again tabled a series of significant amendments that make a great deal of difference to the Bill. This is not the first time that that has happened. So serious are the amendments that they involve yet another adjustment to the long title—I think that it has now been adjusted three times.
I would like your advice, Dame Marion, about what can be done. The Government's action is not in the spirit of the way in which we have tried to co-operate with them on the Bill, or in the spirit of effective scrutiny of the legislation. It shows that the Government are so chaotic that they cannot get their act together in nine months to present the House with a suitable draft Bill. It robs those organisations outside the House who have been intimately involved with the passage and process of the Bill of the opportunity to consult and feed back their views on important clauses. Once again, the spectre of recommittal in the other place is raised because their lordships have not had a chance to scrutinise large chunks of the Bill.
Dame Marion, can you advise me whether it would be in order to ask for recommittal of the Bill in another place, and whether there is any way that we can prevent such activity by the Government, which looks like sharp practice?
Mr. David Heath (Somerton and Frome) (LD): Further to that point of order, Dame Marion. I share the hon. Lady's dismay about such a significant group of amendments being tabled at this stage of the Bill's passage. The Bill has not been making quick progress through its parliamentary stages. It has suffered repeated delay both in another place and between the two Houses—we seemed to wait an inordinate amount of time for it to make further progress in this House.
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Although it would be inappropriate to talk about the content of the amendments, and I do not intend to do so, it is right to say so that they are both significant and, in large part, leftovers from the previous enactment, the Courts Act 2003, in connection with which they should have been considered. It is stretching the good nature of the Committee to introduce major amendments at this stage, when we had been making good progress and felt that we were doing justice to the Bill. I fear that we will not now have the opportunity to scrutinise the new amendments, and the other place will certainly not have such an opportunity unless the hon. Lady's request is acceded to.
The Chairman: I listened carefully to what the hon. Members said, but the points of order are not a matter for me. The tabling of the amendments was carried out in accordance with the correct procedures. What happens in the other place is certainly nothing to do with me. The points of order are, in fact, matters for debate between the hon. Members and the Minister.
Clause 25 ordered to stand part of the Bill.
Schedule 5 agreed to.
Clause 26
General functions of Commissioner
Mr. Heath: I beg to move amendment No. 54, in clause 26, page 16, line 15, at end insert—
'(d) ensure that the Domestic Violence Advocacy Service established under section [Domestic Violence Advocacy Service] is maintained in each local justice area;
(e) make a report to the Secretary of State on the operation of the Domestic Violence Advocacy Service, and in particular:
(a) the accessibility of services offered to victims of crime;
(b) the adequacy of resources made available through the Domestic Violence Advocacy Service Fund for the purposes; and
(c) any other matters related to the provision of services to victims of domestic violence.'.
The Chairman: With this it will be convenient to discuss the following: Amendment No. 87, in clause 29, page 17, line 8, after '28', insert—
'and section [Domestic Violence Advocacy Service].'.
New clause 30—Domestic Violence Advocacy Service—
'(1) In this section, ''Voluntary organisation'' means a charity or an organisation operating on a not-for-profit basis.
(2) The Secretary of State shall establish, maintain and develop a national service known as the Domestic Violence Advocacy Service for the purpose of promoting the availability to victims of services of the descriptions specified in subsection (3) and, in particular, for securing (within the resources made available, and priorities set, in accordance with subsection (6)) that victims have access to services that effectively meet their needs.
(3) The descriptions of services referred to in subsection (1) are—
(a) the provision of help in developing and implementing a plan for ensuring the safety of the victim and the safety of the children of the victim as a priority;
(b) the provision of general information, relevant to the victim, about the law and legal system and the availability of legal services,
(c) the provision of help by the giving of advice as to how the law applies in the particular circumstances of the victim,
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(d) the provision of information as to the availability to the victim of relevant support services offered by other agencies,
(e) the provision of assistance in accessing services relevant to the victim that are offered by other agencies,
(f) the provision of help in relation to legal proceedings, whether in the family, criminal or civil courts.
(4) The services of the descriptions specified in subsection (3) shall be accessible to victims at any hour and on any day and shall be provided by persons of the same sex as the victim where requested by the victim.
(5) The Secretary of State shall establish and maintain a fund known as the Domestic Violence Advocacy Service Fund from which services of the descriptions specified in subsection (3) shall be funded as part of the Domestic Violence Advocacy Service.
(6) The Secretary of State shall prepare a code setting out the criteria according to which he will decide how to fund services as part of the Domestic Violence Advocacy Service.
(7) When preparing the code referred to in subsection (6) the Secretary of State shall consult all relevant bodies (and, in particular, voluntary organisations) who are able to communicate the views of victims of domestic violence.
(8) The Secretary of State may accredit, or authorise others to accredit, voluntary organisations providing services of the descriptions specified in subsection (3); and any system of accreditation shall include provision for the monitoring of the services provided by accredited organisations and for the withdrawal of accreditation from any providing services of unsatisfactory quality.
(9) The Secretary of State may fund services as part of the Domestic Violence Advocacy Service by—
(a) entering into contracts with voluntary organisations for the provision of services by them,
(b) making payments to voluntary organisations in respect of the provision of services by them,
(c) making grants or loans to voluntary organisations to enable them to provide, or facilitate the provision of, services,
(d) establishing and maintaining voluntary organisations to provide, or facilitate the provision of, services,
(e) making grants or loans to individuals to enable them to obtain services,
(f) doing anything else which he considers appropriate for funding services.
(10) The Secretary of State may by order require accredited bodies providing services of the descriptions specified in subsection (3) to discharge those services in accordance with the order.'.
Mr. Heath: Having got the earlier skirmishes out of the way, I welcome you to the Committee this morning, Dame Marion.
I should say straight away that amendment No. 54 is not the substantive amendment in the group. In a way, it serves as a paving amendment for new clause 30, which has received all-party support and on which other hon. Members will wish to speak.
Amendment No. 54 proposes that the suggested domestic violence advocacy service could usefully and sensibly fall within the remit of the commissioner for victims and witnesses. The commissioner would be a proper arbiter of the effectiveness, efficiency and adequacy of the service. I do not want to pre-empt the arguments that will properly be made by other Committee members in support of the creation of the domestic violence advocacy service; I will simply say that I am indebted to those outside the Committee
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who have promoted the concept, particularly Davina James-Hanman, director of the Greater London domestic violence project, to whom I have spoken on the subject and who has provided an excellent briefing.
As the Greater London authority made clear, an advocacy service would be a significant improvement on present facilities in terms of addressing issues of domestic violence, reducing the suffering of victims and creating an atmosphere in which domestic violence is less likely to occur—that, after all, is the thrust of this legislation. Such a service would also reduce demands on other services that might be provided. [Interruption.] I am very disconcerted by the fact that someone's phone is ringing; it is not mine.
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