Item 26 is the legislative consent motion on the Domestic Abuse Bill. I call on the Deputy Minister and Chief Whip to move the motion. Jane Hutt.

Motion NDM7649 Jane Hutt

To propose that the Senedd, in accordance with Standing Order 29.6 agrees that provisions in the Domestic Abuse Bill in so far as they fall within the legislative competence of the Senedd, should be considered by the UK Parliament.

Motion moved.

Diolch, Dirprwy Lywydd. Can I start by saying that I'm pleased to propose this legislative consent motion and welcome the opportunity to explain why I believe the Senedd should approve it? It is very timely that we're debating this today. I want to start by offering our condolences—and I'm sure this is shared across the Senedd—to the family of Sarah Everard. As I said in my written statement, issued earlier today, this Government has always been very clear about our ambition to end violence against women and girls, and the outcry at Sarah's death is a reminder to us all of the vital importance of all the action that we can take to address this issue. Of course, that's underpinned by our violence against women and domestic abuse legislation and strategy. But today's debate is also very timely.

I'd like to thank the members of the Legislation, Justice and Constitution Committee and the Equality, Local Government and Communities Committee for their scrutiny of the LCM and supplementary LCM No. 2. I believe this Bill marks a valuable piece of legislation, elements of which should also apply to Wales. The Bill will address some very important areas that I will briefly highlight today. Of course, as I've said, in Wales, we already have our Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, which creates a statutory definition of VAWDASV. In a similar way, the definition within the Domestic Abuse Bill will ensure VAWDASV is properly understood, considered unacceptable, and challenged in all walks of life across devolved and non-devolved services. And this chimes well with the purpose of this Government's VAWDASV strategy to improve the prevention of all forms of domestic abuse and violence. 

The Bill makes various changes to court processes, including prohibiting the accused from cross-examining the complainant in civil proceedings, as is already the case in criminal proceedings. And this is also in line with our VAWDASV strategy to provide support to victims and protect them. The Bill creates the role of the domestic abuse commissioner for England and Wales as a statutory office holder. We've obtained an amendment to the Bill as originally introduced that will prevent the commissioner from encroaching on devolved matters. I've already had two meetings with the designate commissioner, Nicole Jacobs, and she's keen to work with this Government, Welsh local authorities and third sector organisations to contribute to VAWDASV provision and action in Wales. 

The UK Government's recent amendment tabled on 1 March and included within the supplementary LCM No. 3 will ensure the commissioner has a copy of final domestic homicide review reports, which will help develop good practice in non-devolved services, such as police and probation services here in Wales. I'm particularly supportive of the recent UK Government amendments that will further improve the provision for survivors in Wales, which are included in the supplementary LCM No. 3. The amendment for non-fatal strangulation makes it an offence to intentionally strangle or suffocate another person, in particular where such an assault leaves no or only minor visible injuries. This new and specific offence will make it easier to bring such perpetrators to justice. And I gave my strong backing to this offence when I recently met Ministers Chalk and Atkins, sponsors of this Bill. I also welcome the amendment to extend the offence of controlling or coercive behaviour in a familial or intimate relationship to ex-partners and family members that do not live together. We know all too well that violence does not end simply because people no longer live together.

And I'd finally like to welcome the UK Government's amendment that ensures that victims are not charged a fee by medical practitioners for a report or letter to access civil legal aid. Anecdotal evidence suggests this issue is not large scale in Wales, but I would not want to see victims of abuse, who are so often destitute with little or no money, having to pay for such a report to help them prove for the purpose of legal aid that they've suffered domestic abuse. 

I referred to the killing of Sarah Everard right at the start of my speech, which has affected us all. This Government will continue to work in partnership with specialist services and with Welsh police forces, police and crime commissioners, public safety boards and the Crown Prosecution Service. This Bill must offer the strongest possible protection to women, and I urge Members to offer support for this important LCM, and I move this motion. 

Thank you. Can I call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw?

Diolch, Dirprwy Lywydd. We considered the Welsh Government’s original legislative consent memorandum for the Bill in September and October last year, and we considered the supplementary LCM at our meeting on 8 February. We laid a single report on the two LCMs on 25 February. 

Our report notes the Deputy Minister’s assessment of the provisions in the Bill which require Senedd consent, in particular that consent is being sought as a result of the Bill’s broader overall purpose. We sought clarification from the Deputy Minister as to why the Welsh Government considered that consent was required. We believed that a more thorough analysis and explanation in this respect should have been included in the original LCM. We did not consider that clauses 65, 66 and 68 as currently drafted could be made by the Senedd. However, it is apparent from our correspondence with the Deputy Minister and from the supplementary LCM that the Welsh Government has considered these issues within the broader context of the Bill’s wider purposes, namely domestic abuse, which is in a devolved area.

Our report highlights the requirements of Standing Order 29, which states that an LCM is needed when a Bill makes provision for any purpose within the legislative competence of the Senedd. Taking this wider view, we agree that these provisions do relate to a purpose within the legislative competence of the Senedd. 

Given that memorandum No. 3 was only laid on Friday afternoon, we have not had time to give it any consideration in committee. However, I do note that a number of further amendments have been made to the Bill that impact on devolved competencies. Diolch, Dirprwy Lywydd.

Just following on from what the Deputy Minister, Jane Hutt, just said at the beginning of her contribution, I'd like just to put on record as well that the Welsh Conservatives have the family of Sarah Everard firmly in our thoughts too, and we share her sentiments. The need for us to do more is sadly highlighted by her murder, and the need for us all to work collaboratively to ensure the safety of women in our country.

The Domestic Abuse Bill is a landmark piece of legislation that will transform the response of Government to victims in Wales and help bring perpetrators to justice. There are some 2.4 million victims of domestic abuse a year, aged 16 to 74, two thirds of whom are women. And more than one in 10 of all offences recorded by the police are domestic abuse related. We are all aware of the increased pressure—that we've highlighted many times in this Chamber—that lockdown measures introduced to combat the pandemic are having on families and relationships.

In December 2019, the UK Government was elected with a manifesto commitment to support all victims of domestic abuse and passed the Domestic Abuse Bill, originally introduced in the last Parliament. The Bill aims to ensure that victims have the confidence to come forward and report their experiences, safe in the knowledge that the state will do everything it can both to support them and their children and pursue the abuser.

In spring 2018, the UK Government conducted a public consultation on transforming the response to domestic abuse, which attracted over 3,200 responses. The Government response to the consultation and draft Domestic Abuse Bill were published in January 2019. The Government response set out 123 commitments, both legislative and non-legislative, designed to promote awareness of domestic abuse, protect and support victims and their families, transform the justice process, to prioritise victims' safety and provide an effective response to perpetrators, and to drive consistency and better performance in the response to domestic abuse across all local areas, agencies, and sectors.

Domestic abuse is a heinous crime that threatens the lives of victims in their own homes, where they should feel safe. So, it is right that we should give victims the support they need to help them and their children rebuild their lives. So, the Welsh Conservatives will support this motion.

I didn't think that today could pass without saying something about the pandemic of male violence against women after the events of the past two weeks. The weekend before last, 16-year-old Wenjing Lin from the Rhondda was killed as a result of male violence. We then heard that the body of Sarah Everard had been found, and it looks like she was also killed by male violence. Our thoughts go to both Wenjing's and Sarah's loved ones, and all the loved ones of people we have lost to male violence. And I also want to pay tribute to all those who are living with the after-effects of male violence. Many women are currently frightened; many women have little faith that if they do complain, it'll be taken seriously. And yes, of course it's not all men who pose a risk to us, but how are we meant to know which are the good ones, and which are the ones out to cause us harm?

We know that women are more likely to be killed by someone that they know well. We know that in work, in the street, in the pub, on public transport, women are not safe and do not feel safe. We know because behaviours from the relatively minor to the pretty serious take place in public on a regular basis and more often than not, they go unchallenged. Too many people are willing to look the other way, to not get involved, and this is what has to change. The UK Government has missed numerous opportunities to protect women and girls in this Bill, and I very much hope that it will be strengthened. It does contain good elements, and I particularly welcome the developments on the issue of strangulation. But it could have gone so much further. Plaid Cymru tabled amendments, one of which was to create a domestic abuse register. A 2016 report from Cardiff University says

'Research demonstrates that the majority of male domestic abuse perpetrators are repeat offenders, with English research producing a figure of 83% within a six-year period'.

Domestic abuse charities have also called for a register to tackle this. They've also called for there to be no discrimination against women from a migrant background when seeking and accessing services, in line with the Istanbul convention. Safety for women shouldn't be for some women, it shouldn't just be for white women, it should be for all women.

Our aim, surely, has to be to end this pandemic of male violence. No-one benefits from it. So many live in fear of it. It's grounded in misogyny that is now institutionalised, and it's that that needs tackling. The men who do this must stop. The society that enables them and the institutions that protect them have to change. Misogyny kills, and we have to kill misogyny now. 

Thank you. No Members have asked to make an intervention, therefore I'll ask the Deputy Minister and Chief Whip, Jane Hutt, to briefly reply to the debate. Jane Hutt.

Thank you very much, Dirprwy Lywydd, and I'd like to thank you all for the contributions. First of all, the Chair of the Legislation, Justice and Constitution Committee—I think you answered the point, Mick Antoniw, that we did see, as you did see, that the Welsh Government considered that consent would be required in relation to the provisions for Wales in this Bill, and I think this debate has enhanced that case quite clearly. But I'm grateful not only for your consideration, but also the consideration of the LJC committee, which also saw no objection to the agreement of the motion. 

I would like to thank Laura Anne Jones and Leanne Wood for their contributions today, and their thoughts and views and words, recognising that this is something where I hope we will get cross-party support to ensure that we protect our women and girls in Wales, and take all necessary steps to end violence against women and all forms of abuse in Wales. I'm grateful to Leanne Wood for mentioning Wenjing Lin—our thoughts are with her and her family—and to recall that only last week it was International Women's Day, when I issued a statement about this and about the progress we're making with tackling violence against women, domestic abuse and sexual violence, and Jess Phillips, the Labour MP in Westminster, was once again reading out the names of those women who've been killed as a result of male violence. So, it has been a very important debate for us today.

I hope also in terms of supporting this motion you will see that, in my statement today, I'm calling on the UK Government to strengthen the Police, Crime, Sentencing and Courts Bill to ensure that the criminal justice system fully protects women and girls. Diolch yn fawr. 

Thank you. The proposal is to agree the motion. Does any Member object? I don't see any objections, and therefore the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.