Duty to co-operate with Commissioner

Domestic Abuse Bill – in a Public Bill Committee at 9:45 am on 10 June 2020.

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Photo of Victoria Atkins Victoria Atkins The Parliamentary Under-Secretary of State for the Home Department 9:45, 10 June 2020

I beg to move amendment 30, in clause 14, page 10, line 2, after “London” insert “in its capacity as a local authority”

This amendment clarifies that the reference to the Common Council of the City of London in the definition of “English local authority” in clause 14 is to the Common Council in its capacity as a local authority.

Photo of Peter Bone Peter Bone Conservative, Wellingborough

With this it will be convenient to consider Government amendment 36.

Photo of Victoria Atkins Victoria Atkins The Parliamentary Under-Secretary of State for the Home Department

I can be brief. The amendments are technical ones to clauses 14 and 57. Clause 14 uses the term “English local authority” while part 4 of the Bill uses the term “local authority”. In both cases, the definition of those terms includes the Court of Common Council of the City of London.

The City of London Corporation has both public and private functions, so it is appropriate that public legislation should apply to it only in respect of its public functions. The amendments to clauses 14 and 57 therefore provide that the references to “the Common Council” relate to its capacity as a local authority.

Amendment 30 agreed to.

Question proposed, That the clause stand part of the Bill.

Photo of Victoria Atkins Victoria Atkins The Parliamentary Under-Secretary of State for the Home Department

Clause 14 is about the duty to co-operate with the commissioner. We addressed parts of it yesterday. It is an absolutely crucial part of the commissioner’s powers. The commissioner may specify public authorities as laid out in subsection (3) to co-operate. We can add to the list in due course by regulations, but the public authorities listed in subsection (3) may not be removed. In this case I would recommend the clause to the House, although I appreciate that the hon. Member for Birmingham, Yardley might have some things to say about it.

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office) 10:00, 10 June 2020

We went over this extensively yesterday. I just want complete clarity for the record—don’t worry, I will not go on for 50 minutes, although I could. I want to feel absolutely certain about this issue. When the commissioner says something to any one of the authorities—the list is absolutely fine—and they have the duty to respond, where in the system does the duty to act come in? Does that fall within the reporting line to the Home Secretary, who will then help the commissioner to ensure that action is taken? As somebody who often seeks a response from the Government, what I am actually seeking is action.

Photo of Victoria Atkins Victoria Atkins The Parliamentary Under-Secretary of State for the Home Department

Yes, of course. There are organisations on the list that are directly accountable to the electorate, such as local authorities, or are accountable via elected officials such as police and crime commissioners. We expect those bodies to be mindful and act on what the commissioner recommends. There will be consequences for them at the ballot box if they do not do so, which is the case for Ministers as well as any other Member of Parliament.

As for the other bodies, we are mindful of the independence of the police, the British Transport Police and organisations such as the Criminal Cases Review Commission, so there will be a delicate balancing act between what Ministers can do and the independence of those organisations. As with other commissioners, where a public body is given fully reasoned recommendations by the commissioner in her report, they would be expected to respond to that, and that includes action.

Question put and agreed to.

Clause 14, as amended, accordingly ordered to stand part of the Bill.

Clauses 15 to 18 ordered to stand part of the Bill.