My Lords, this group of amendments brings us back to the provision of community-based support for victims of domestic abuse and their children. I share the ambition of my noble friend Lord Polak, the noble Lords, Lord Hunt and Lord Rosser, and all noble Lords to ensure that domestic abuse victims receive the support that they need, regardless of where they reside. The provisions in Part 4 of the Bill, which relate to the provision of support within safe accommodation, are a major step towards meeting that goal.
The issue before us is whether we can and should now be legislating for a parallel duty in respect of community-based support, whether by extending the provisions in Part 4, as Amendment 31 seeks to do, or by making freestanding provision, as in Amendment 85. The Government remain firmly of the view that the necessary groundwork for such legislation has yet to be undertaken and, accordingly, that it would be premature to legislate in this Bill by either method.
I can see the attraction of Amendment 31, put forward by the noble Lord, Lord Hunt. It seemingly accepts the government argument that we do not yet know how we should frame the duty in respect of community-based support, so a regulation-making power affords a mechanism to come back to this once the domestic abuse commissioner has completed her mapping work and the Government have consulted.
Let me make a couple of observations about Amendment 31. First, your Lordships’ House and the Delegated Powers and Regulatory Reform Committee are regularly critical of the Government for coming forward with skeletal delegated powers such as in the amendment. The framework for the provision of safe accommodation support is on the face of the Bill and it is right that any parallel duty in respect of community-based support should also be set out in primary legislation. Secondly, even if the route of delegated legislation was, in principle, an acceptable way forward, until we have developed and consulted on a scheme for that provision of community-based support, we simply do not know how properly to frame a regulation-making power to ensure that we have the necessary vires to
give effect to a set of proposals post-consultation. The landscape for the provision of community-based support is more complex than that in respect of safe accommodation- based support, as Amendment 85 recognises, so a power simply to extend the provisions of Part 4 is not, in our view, the right approach.
Amendment 85, put forward by the noble Lord, Lord Rosser, and in Committee by my noble friend, seeks to navigate the complexities of the current provision of community-based support by placing a new duty on local authorities in England, local policing bodies in England and Wales and clinical commissioning groups in England. This may or may not be the right approach, but I do not think that we are in a position to make that judgement yet. If the duty is to be split three ways, we need to know how the discharge of the duty is to be co-ordinated between the three agencies to ensure that there is not overlapping provision or that support for some victims does not slip through the cracks. In applying the duty across three agencies, Amendment 85 risks creating an environment in which accountability is unclear, presenting challenges for all bodies in ensuring that the necessary services are provided to those who need them.
It is the Government’s clear view that there are no ready-made solutions such that we would be in a position to legislate here and now. We need to better understand the existing landscape and the gap in provision, which is why the domestic abuse commissioner’s mapping work is so vital. We need to draw on the evidence provided by that work and other sources, consult widely and then come forward with proposals that command widespread support and, most importantly, deliver the necessary support in the most effective and efficient way possible.
As part of this work, we need properly to understand the resource implications of any new duty. The £125 million of new money that we have provided to fund the duty in Part 4 shows both the level of our commitment and the significant cost of any parallel new duty in relation to community-based support. Women’s Aid has suggested that some £220 million is needed. I make no comment on that or the accuracy of that estimate, but it at least demonstrates that Amendments 31 or 85, were either to be passed, would have significant financial implications, which this House should be alive to.
Recognising that the House is reluctant to let this Bill pass without it containing some provision that recognises the problem and provides a pathway to the solution, the Government have brought forward Amendments 17, 20, 22, 24 to 29 and 99. Amendment 17 places a duty on the domestic abuse commissioner to prepare and publish a report under Clause 8 of the Bill on the need for community-based domestic abuse services in England and the provision of such services. As with the provisions in Part 4 of the Bill, we have limited this duty to the provision of community-based services in England in recognition of the fact that we are generally dealing here with devolved matters in Wales. The commissioner will be required to deliver a Clause 8 report on this issue within 12 months of commencement and then, by virtue of the provisions in Clause 16, Ministers will be required to respond to any recommendations directed at them within 56 days.
This amendment will therefore set out a clear roadmap for the Government to set out definitive proposals for addressing the gap in the provision of community-based support.
Amendments 20, 22 and 24 to 29 address the concerns raised in Committee that the new duty in Part 4 of the Bill may have unintended consequences regarding community-based support that is currently provided or funded by local authorities. I know that my noble friend Lord Polak was particularly concerned about this. As a result of the £125 million funding that we are providing to tier-1 local authorities to support the delivery of Part 4, we think that such concerns are unfounded. However, we recognise that there would be merit in making provision in Part 4 to monitor any unintended impact. These amendments do just that.
The amendments will also ensure that the domestic abuse local partnership boards, provided for in Clause 56, play an active part in such monitoring and that the results are recorded in tier-1 local authorities’ annual reports under Clause 57. These annual reports will feed into the work of the ministerially led national expert steering group, of which the domestic abuse commissioner will be a member, so that the impact, if there is any, of the Part 4 duty on the provision of domestic abuse support to people in the community by local authorities can also be monitored.
The Government are ready to take one further step. I can say that the Government are now committed to consulting on the provision of community-based domestic abuse services in the upcoming victims law consultation. I recognise the concerns about missing the legislative bus and the suspicion—it is unfounded—that the Government will kick this into the long grass. The government amendments that I have outlined will ensure that that does not happen, as will our commitment to consult on a victims law later this summer.
As to the concerns that this is all too far off and victims need support now, there is already significant provision. Since 2014, Ministry of Justice funding has helped police and crime commissioners to support victims of crime within their local areas, addressing the specific local needs identified within their communities. This core grant will be around £69 million in 2021-22, which includes an uplift for child sexual abuse services. Additionally, the Government have committed a further £40 million, which includes £9.7 million for domestic abuse community-based services commissioned by PCCs for the coming year, as well as £8 million for independent domestic violence advisers, the support of which will be felt mostly in the community. This does not take account of support provided by local authorities, clinical commissioning groups and others. It may not be enough, but these sums demonstrate the significant levels of community-based support that are already available for domestic abuse victims and their children, and for other victims of crime.
I am very much looking forward to hearing the other contributions to the debate on these amendments. I reiterate my thanks to my noble friends Lord Polak and Lady Sanderson, who are in the Chamber now, and to other noble Lords who have engaged so constructively on this. I hope that what I have said today is evidence of our intent and that the House will support this approach. I beg to move.