My Lords, this group of Amendments 37, 38, 39, 40 and 43 relates to Clause 12 on the advisory board. I will not introduce Amendment 39, to which my noble friends Lord Paddick and Lady Featherstone will speak, but I agree with what I expect them to say.
At Second Reading, we heard various bids for inclusion in the advisory board, and we heard one, or possibly more, in previous groups in Committee. This prompted me to think about the functions of the advisory board and how it might operate, hence our Amendment 38. Should the members act as representatives of different sectors? Is the term “represent” quite appropriately descriptive of what they will do? Why will they be appointed? This will probably be to give advice across the issues, through the particular lens of their own experience, so that the commissioner has three-dimensional views, if you like.
Of course, they will put forward points of view from within their own sectors, but they will not only make the case for them; I am sure advocacy for resources for sectors will be very likely. As such, I thought I would try the phrase “expertise and experience”—I subsequently found that the noble Baroness, Lady Finlay, had also picked the term “expertise”. I have applied this to the first of the categories in Clause 12(4), on “victims of domestic abuse”. I would not preclude advocacy, but, rather than special pleading, the commissioner will want advice across the board, built on all of the advisers’ various expertise.
We also have an amendment relating to Clause 12(4)(e), which requires there to be a person
“with functions relating to policing or criminal justice”.
I do not know whether I should read into this that the police are not part of the criminal justice system but, to me, the point is that, if they are regarded as separate, then having experience and expertise in both is necessary.
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I have included an addition to the list—children. That is expressed as
“expertise and experience in children’s health and wellbeing.”
There has, quite rightly, been a focus on children, although for the purposes of the Bill they are victims and Clause 12(4)(a) will apply, but their needs are not the same as those of adults. Perhaps I should say that they are very particular needs.
Of course, I am aware that each item in the list is prefaced by the words “at least one”, so there can be more than one representative for each of the categories. I also note that Clause 12(2) stipulates a minimum of six—that is, the list in subsection (4)—with a possible additional four members. Why is there a maximum of 10? We wondered whether to propose 12, but in fact decided that this should be a matter for the commissioner. Indeed, why put an upper limit in legislation?
This afternoon and on Monday, we talked quite a bit about the independence of the commissioner, but the fact is that her—or his, in due course—resources are inevitably limited by the Secretary of State. Is this a necessary control? Can she not be trusted to do the sensible thing in designing the advisory group and appointing members to it? I beg to move.