Violence Against Women (Wales) Bill

Background

• Announced on 12th July 2011 – Welsh Labour’s five-year legislative programme

• ‘Domestic Abuse Bill’ ‘VAW Bill’- Ministerial direction clarified

What we know so far

• The Bill will introduce a statutory requirement for relevant public bodies in Wales to have a VAW and DA strategy in place locally.

• Legislative programme announcement:– The Bill will “place a duty on relevant

public sector bodies to have a domestic abuse and ‘violence against women’ strategy and support elements in place.”

What we know so far (2)

• Devolution:– Will necessarily focus on prevention, protection,

wellbeing and support – not criminal justice

• Avoiding replication:– WG will seek to avoid replication of other Bills with

DA elements e.g. Social Services, Housing

• Local government improvement agenda– Seems to be part of WG trend of legislating to

place statutory duties on LAs to deliver

Timescales

(Approximate!)

• October 2011 WG appointed Bill Project Manager, Carolyn Hughes

• February 2012 Policy Lead Janine Roderick appointed and consultation begins

between WG and stakeholders• July 2012 Draft White paper finalised• Sept/Dec 2012 12-week public consultation will be

launched• Jan 2013 Proposals will be returned to WG legal

team• Jan – Dec 2013 WG will start to make it look like a Bill

& take it to Cabinet• Sept 2013 Bill will be introduced

(earliest)

WWA’s Priority Outcomes for VAW Bill

1. Reduction in the prevalence of all forms of violence against women, and support for women who experience such violence

Must use the internationally accepted (UN) definition of VAW

also adapted by WG in The Right to be Safe:

“Violence directed against a woman because she is a woman or which affects a woman disproportionately. It includes physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.”

WWA’s Priority Outcomes for VAW Bill

2. Guaranteed access to ‘adequate and sufficient’ services for women in Wales

• Duty must be much stronger than asking public bodies to ‘pay due regard’ to tackling VAW.

• Examples:– A duty on public bodies to deliver adequate and

sufficient services to tackle VAW. Sufficiently broad to apply to all public bodies but also allows proportionate responses. E.g. Arts Council may meet duty by having a Workplace VAW Policy; LA would need to go significantly further. Secondary legislation should be prescriptive regarding what is ‘adequate and sufficient’.

– Every local authority in Wales appoints a Board-level VAW champion to work across partnership structures in the area to encourage locally appropriate arrangements for tackling VAW, and accountability of the local authority.

WWA’s Priority Outcomes for VAW Bill

3.That Children and Young People are able to identify abuse• Ensure there is one fully-trained staff member in each

school with expertise in VAW to assist pupils in seeking assistance

• Include education on VAW and healthy relationships within the compulsory Welsh Curriculum.

• Ensure that schools regularly collect data on all forms of VAW, including sexual harassment and bullying

• Appoint a VAW champion amongst school governors • Ensure that Ofsted inspects on school responses to VAW

WWA’s Priority Outcomes for VAW Bill

4. Appropriate referrals and signposting occur as a result of improved health responses to VAW

• Most women who are experiencing domestic abuse want their GP to ask them about it. GP’s surgery is one of the few places where a woman may be allowed to go alone.

• The Bill should include a mechanism for ensuring that GPs ask women about DA and other forms of VAW and refer appropriately.

• Could take the form of a statutory extension of the current Health Care Pathways recommended for Health Visitors and Midwives.

• Mandatory VAW awareness training should be delivered to GPs and other health professionals as part of this initiative

WWA’s Priority Outcomes for VAW Bill

5. Employers know how to help female employees affected by VAW

• Women make up two-thirds of public sector employees in Wales. All public sector organisations should have a workplace VAW policy in place to identify and assist female employees who are victims.

• Such policies should help to prevent such violence, provide protection, and ensure provision of services for those affected.

• EHRC has produced a template policy and training for public bodies; the Bill should make such a policy mandatory for public sector organisations.

WWA’s Priority Outcomes for VAW Bill

6. All women affected by VAW have equal access to specialist support services, regardless of their location

• It is vital that the specialist network of third-sector organisations supporting women who experience violence, and their children, is maintained.

• The Bill should ensure that every woman who experiences violence in Wales has access to a specialist VAW service, tackling the current postcode lottery and ensuring the best possible service provision.

‘Grey Areas’…

• Will the Bill be prescriptive i.e. will it state what the exact content of the public bodies’ VAW strategies should be?

• Who is accountable for keeping the Duty be on – Ministers / public bodies?

• What should happen if the Duty is breached? Who does the woman sue?

Opportunity to debate ideas for VAW Bill

Progress, Not Process:

Making Sure the VAW Bill Delivers for Women in Wales

Wednesday 28th MarchNovotel, Cardiff (9.30 – 16.30)

Prof. Liz Kelly, Emyr Lewis, Lee Waters, Lily Greenam

www.walesvawgroup.com

Thank you!

Paula HardyChief Executive

Welsh Women’s Aid

PaulaHardy@welshwomensaid.org.uk02920 390874

www.welshwomensaid.org@welshwomensaid