Communities, Equality and Local Government Committee

CELG(4)-28-14 Paper5a

An Act of the National Assembly for Wales to make provision in relation to violence against women and other domestic and sexual abuse

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

Introduction

1          Purpose [ — Replacement for Government Bill section 1]

The purposes of this Act are to provide—

(a) effective strategies for the prevention of violence against women and other domestic and sexual abuse;

(b) improved arrangements for the protection of victims of violence against women and other domestic and sexual abuse; and

(c) effective support for people affected by violence against women and other domestic and sexual abuse.

Welsh Government Duties

2          National Strategy

[No changes to Government section 2 – references to Bill purpose will refer back automatically to substituted purposes as per section 1.]

3          Implementation of national strategy

[No changes to Government section 3 – references to Bill purpose will refer back automatically to substituted purposes as per section 1.]

3A       Raising awareness [ — New section]

(1) Welsh Ministers must include in their implementation of their national strategy, in particular, provision for campaigns which in their opinion will —

(a) raise awareness of violence against women and other domestic and sexual abuse; and

(b) challenge entrenched attitudes in society which support existing levels of, and tolerance or acceptance of, violence against women and other domestic and sexual abuse.

(2) Welsh Ministers must also include provision for campaigns which are designed to raise awareness of—

(a) what services are available to protect or support the victims of violence against women or other domestic and sexual abuse; and

(b) new initiatives being developed to protect or support those victims.

(3) Welsh Ministers must also—

(a) include provision for a national training framework in relation to issues of violence against women or other domestic and sexual abuse; and

(b) ensure that the framework receives sufficient funding to allow it to be effective.

Duties of local authorities and other public bodies

4          Duty to prepare strategies

[To follow lines of Government section 4 – but duty to be imposed on all public authorities, not only local authorities.]

5          Publication and review of local strategies

[No changes to Government section 5.]

6          Matters to which regard must be had in preparing or reviewing a local strategy

[No changes to Government section 6.]

7          Duty to implement local strategies

[To follow lines of Government section 7 – but with added provisions as follows—]

(3) A public authority’s implementation of its strategy under section 4 must, in particular, include—

(a) arrangements for the strategy to be published;

(b) arrangements for the strategy to be monitored for effectiveness, by reference to assessments of needs and prevalence of issues relating to violence against women or other domestic and sexual abuse;

(c) provision to ensure that the necessary funding is made available to deliver services required to achieve the objectives specified in the strategy;

(d) arrangements for all staff of the authority to be required to undertake training in relation to violence against women or other domestic and sexual abuse, including training designed to encourage staff to take a proactive attitude towards identifying and resolving issues;

(e) arrangements for the appointment of a Violence and Abuse Champion, who receives the necessary training and support to take the lead within the authority on issues relating to violence against women and other domestic and sexual abuse;

(f) arrangements to require or encourage persons (public or private) having dealings with the authority to cooperate with and participate in action being taken on issues relating to violence against women and other domestic and sexual abuse, with a view to combining forces to achieve the most effective responses to or resolutions of those issues;

(g) arrangements to require or encourage persons (public or private) having dealings with the authority to share information where actually or potentially relevant to violence against women or other domestic and sexual abuse, with a view to enhancing safety and providing the most effective support for victims;

(h) referral mechanisms to ensure that those in need of services relating to  violence against women and other domestic and sexual abuse have access to them in the safest and fastest possible way;

(i) arrangements for the display (by the authority and by other public service organisations), in workplaces and public places, of appropriate information about violence against women and other domestic and sexual abuse.

7A       Education [ — New section]

(1) In this section “education authorities” means—

(a) the Welsh Ministers, in so far as their functions extend to educational matters;

(b) local authorities, in so far as their functions extend to educational matters; and

(c) proprietors, governing bodies and senior leadership teams of schools in Wales.

(2) Education authorities must take reasonable steps to ensure the provision, as part of the education of all children and young persons, of education in relation to violence against women and other domestic and sexual abuse.

(3) Education provided in accordance with subsection (2) must be appropriate to the age of the children and young persons concerned.

(4) Education provided in accordance with subsection (2) must explore, to the extent and in the manner appropriate, issues of—

(a) gender inequality; and

(b) respect and consent as part of a healthy relationship.

(5) Education authorities must take all reasonable steps to ensure that each school has a Violence and Abuse Champion with senior leadership responsibility for addressing issues relating to violence against women and other domestic and sexual abuse in a coherent manner throughout the school.

(6) Education authorities must take all reasonable steps to ensure that all teachers and school governors receive training in issues relating to violence against women and other domestic and sexual abuse.

8          National indicators

[No changes to Government section 8.]

9          Annual progress report by Welsh Ministers

[No changes to Government section 9.]

10        Annual progress reports

[To follow lines of Government section 10 – but duty to be imposed on all public authorities, not only local authorities.]

11 Meaning of “relevant authority”

[No changes to Government section 11.]

12        Power to issue statutory guidance

[No changes to Government section 12.]

13        Consultation and National Assembly for Wales Procedure

[No changes to Government section 13.]

14        Duty to follow statutory guidance

[No changes to Government section 14.]

15        Policy statements: requirements and ancillary powers

[No changes to Government section 15.]

16        Directions

[No changes to Government section 16.]

Ministerial Adviser

17        Ministerial Adviser on Violence Against Women and Other Domestic Abuse

[To follow lines of Government section 17 – but title of post Ministerial Adviser on Violence Against Women and Other Domestic and Sexual Abuse.]

18        Functions of the Adviser

[No changes to Government section 18.]

19        Annual plan and annual reports

[No changes to Government section 19.]

20        Publication of reports

[No changes to Government section 20.]

General

21        Interpretation

[No changes to Government section 21.]

22        Commencement

[No changes to Government section 22.]

23        Short title [ — Replacement for Government section 23]

The short title of this Act is the Violence Against Women and Domestic Abuse (Wales) Act 2014.