Domestic Abuse Bill — House of Lords, 2021-01-25
Topic: Government Operations
Stephen Parkinson (Conservative, Centre-right): I thank the noble Baroness, Lady Hamwee, for setting out her reasons for tabling these amendments and all noble Lords who took part in the debate on them Amendment 16 would mandate that the commissioner role be a full-time appointment. We do not think it is necessary to add that to the Bill. As has been noted in the debate, many statutory officers operate on a part-time basis, in line with similar commissioners, for instance, the anti-slavery commissioner and the lead commissioner for countering extremism—two other subjects which we take very seriously On advice from executive search specialists, we advertised for a part-time designate commissioner so we could attract as wide a range of suitably qualified and high-profile candidates as possible. As a result of that exercise, we found one such person, Nicole Jacobs, who was appointed initially on the basis of three days a week. We said at the time of her appointment that that time commitment would be reviewed after six months, and following that review, it was increased to four days a week with her full agreement. To answer the noble Lord, Lord Rosser, we will look again at that time commitment before commencing Part 2 of the Bill and keep that matter under review. But we would be denying ourselves the opportunity to appoint a highly suitable and qualified candidate in future if the legislation insisted this had to be a full-time appointment If I may say so, there is a slight tension between the amendments brought forward by the noble Baroness, Lady Hamwee. She wants to underline the independence of the commissioner by changing her title, but then setting out more clearly in the Bill how she ought to fulfil that role. That seems to be slightly inconsistent. It is also important to note that the commissioner is not a one-woman operation; she will be supported by an office comprising around a dozen full-time equivalent staff. Reflecting modern ways of working, that will be a mixture of full and part-time appointments Turning to Amendment 17, I certainly agree with the noble Baroness, Lady Hamwee, that nomenclature can be important, and symbolically so. But I do not think we should get into the habit of labelling every commissioner or other statutory office holder in law as independent. Granted, as she mentioned, we have the Independent Anti-Slavery Commissioner, but we do not have an independent victims commissioner, an independent children’s commissioner or, as the noble Lord, Lord Hunt of Kings Heath, mentioned, a new independent commissioner created under the Medicines and Medical Devices Bill. I do not think any noble Lord would suggest that holders or previous holders of this office, such as my noble friend Lady Newlove, were any less independent because the word did not appear in statute in their job title Nicole Jacobs has amply demonstrated her independence from the Government—not least, as the noble Lord, Lord Hunt of Kings Heath, pointed out, in the way she is campaigning for changes to the Bill. Her independence will come from the statutory framework provided for in Part 2, boosted by the provisions in the framework document, but also by the way she conducts herself once she is formally appointed in the role after this Bill receives Royal Assent. To add a word to her title in the Bill would in no practical terms augment her independence, so we do not think that amendment is necessary Amendments 18 and 19 would mean that the commissioner, rather than the Home Secretary, would be able to appoint staff for her office. Clause 6 provides for the staffing of the commissioner’s office by the Home Secretary, as well as accommodation, equipment and other facilities. It does so for a simple practical reason. We are creating here a statutory officeholder, not a body corporate. The commissioner will have no separate legal persona and therefore cannot, as a matter of law, appoint her own staff or otherwise enter into other contracts. To answer the question posed by the noble Lord, Lord Rooker, the accounting officer function therefore rests with the Home Office. We will write to set out that position more fully, not least because several noble Lords were interested in it and picked up on it Consequently, as a matter of form, the commissioner’s staff will be Home Office civil servants. Crucially, however, Clause 6(2) provides that the commissioner must approve the appointment of all her staff. To address the point raised by my noble friend Lady Newlove, one of the contracts that she cannot sign is for office space. Obviously, she does not exist in law until the Bill is passed, but the Home Office is looking for suitable office space for her—not located in Marsham Street, where the Home Office is, to illustrate her independence. At the moment, like so many other people, she is working from home because of the pandemic. In addition, we have made further provision in the framework document provided for under Clause 11. This sets out how the commissioner and the Home Secretary will work together, including on matters such as governance, funding and staffing of the commissioner’s office. The draft framework document makes it clear that, while the commissioner’s staff will be provided by the Home Office, the commissioner will have day-to-day direction and control of staff in support of her work. Moreover, as I said, appointments can be made only after consultation with, and with the approval of, the commissioner. In fact, the commissioner or her chief of staff will conduct recruitment campaigns and the commissioner will be responsible for deciding whom to appoint. I hope that these reassurances are sufficient for the noble Baroness to withdraw her amendment.