Written Statements

Wednesday 17th July 2019 Written Statements

Wednesday 17 July 2019

European Union (Withdrawal) Act: Common Frameworks

Wednesday 17th July 2019 Written Statements

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr David Lidington)]

I am today laying before Parliament a report, “The European Union (Withdrawal) Act and Common Frameworks—26 March 2019 to 25 June 2019” as required by paragraph 4 of schedule 3 to the European Union (Withdrawal) Act 2018.

The report is available on gov.uk and details the progress made in discussions between the UK Government and devolved Administrations regarding common frameworks in the fourth reporting period covered under the legislation, and sets out that no “freezing” regulations have been brought forward under section 12 of the European Union (Withdrawal) Act.

The publication of the report reflects the Government’s continued commitment to transparency.

The attachment can be viewed online at http://www. parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-07-17/HCWS1732/

[HCWS1732]

EU Agreements with Third Countries

Wednesday 17th July 2019 Written Statements

[The Financial Secretary to the Treasury (Jesse Norman)]

The Government are undertaking a programme of work to replace EU international agreements with bilateral agreements ready for a UK exit from the EU either in the event of no deal or at the end of the proposed implementation period. This is essential preparation for the UK’s withdrawal from the EU to ensure that the UK can, where relevant and possible, maintain the benefits of these agreements, thereby providing continuity and stability to businesses and individuals.

As part of this programme, officials in HM Treasury and HM Revenue & Customs are working with their international partners to replace EU Customs Co-operation and Mutual Administrative Assistance (CCMAA) agreements with UK-third country bilateral agreements. These agreements will provide a legal framework for the exchange of information between the UK and international partners on customs matters and continued co-operation between the parties’ customs authorities, both facilitating legitimate trade and supporting international efforts in fighting customs fraud. They also fulfil domestic legal requirements for Authorised Economic Operator Mutual Recognition Agreements (AEOMRAs), which deliver important trade benefits to some UK businesses.

In cases where the other party’s domestic law allows, the “replacement” UK-third country CCMAA agreements will include provision for them to enter into force upon signature, often referred to as “definitive signature”. The parties would thus be bound by these agreements upon signature, although the agreements’ provisions would not have effect until the EU CCMAA agreements cease to apply to the UK. Use of definitive signature in this case would enable the UK and its international partners, in the event of EU exit without a deal, to transfer without interruption key customs agreements that are currently in place by virtue of the UK’s membership of the EU. This is because there will be no change in effect of the agreement due to it being a replication of the arrangement the EU currently has in place with the third country. While many international treaties are expressly subject to ratification, it is also common in both UK and international practice, where practicable, for treaties to enter into force upon signature; In UK law, where a treaty enters into force upon signature, it is not subject to the procedures for parliamentary scrutiny as provided in section 20 of the Constitutional Reform and Governance Act 2010. However, as CCMAA agreements are straightforward bilateral agreements, and rely on provisions in the Taxation (Cross-Border Trade) Act 2018, which has already been approved by Parliament, the Government consider that definitive signature is appropriate in these instances.

The Taxation (Cross-Border Trade) Act 2018 provides the necessary powers for the UK to create a stand-alone customs regime once the UK exits the EU. In particular, section 26 of this Act allows for the UK to share information on customs matters with international partners and therefore provides the necessary legal basis from a UK perspective for the co-operation between parties outlined in the CCMAA agreements.

Once signed by both parties, a copy of each UK bilateral CCMAA agreement subject to definitive signature will be laid before Parliament as a Command Paper in the treaty series for information in the normal way.

Where third country partners’ domestic law does not permit them to be bound by signature, thereby requiring ratification by them, the CCMAA agreement will not use definitive signature but will be drafted to provide for consent to be bound by a two-stage process of signature and ratification.

[HCWS1731]

International Criminal Justice: Support and Funding

Wednesday 17th July 2019 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Jeremy Hunt)]

Today we mark the Day of International Criminal Justice, which provides an opportunity to update Parliament on the UK’s support for the principles and institutions of international justice in the previous calendar year.

Support for international criminal justice and international humanitarian law is a fundamental element of the UK’s foreign policy. The UK believes that justice and accountability for the most serious international crimes is crucial to building lasting peace and security.

The UK Government believe that the International Criminal Court has an important role in pursuing accountability, but only when national authorities are either unable or unwilling to do so. The UK has long provided political, financial, and practical support to the ICC. We are one of the largest financial contributors to the Court, contributing £9.7 million in 2018. An example of the UK’s practical support was the sentence enforcement by the Scottish Prison Service of Mr Ahmad Al Faqi Al Mahdi, who was convicted of destroying cultural heritage sites in Timbuktu.

In 2018, the ICC considered situations from across Africa, the middle east, Europe, south-east Asia and South America, with 11 situations subject to formal investigations, and proceedings continuing in three trials: the Ongwen case (Uganda), the Ntaganda case (Democratic Republic of the Congo), and the Gbagbo and Blé Goude case (Ivory Coast). Al Hassan (Mali), and Yekatom (Central African Republic) were surrendered to the ICC.

The ICC’s trust fund for victims plans to launch an assistance programme in the Central African Republic, to provide physical and physiological rehabilitation, alongside material support for victims and their families. The UK contributed funds to the TFV for reparations to victims in Mali.

While the UK continues to support the role of the ICC, reform is required for the ICC to fulfil its mandate as intended under the Rome statute. The UK will work with other states parties, the Court, and civil society, to achieve this goal.

The International Residual Mechanism for Criminal Tribunals (IRMCT) continued its mandate to fulfil the residual functions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda. The IRMCT delivered an appeals judgment in the case of Radovan Karadžić, the former Bosnian Serb politician convicted in 2016 of genocide in Srebrenica. Karadžić’s sentence, increased from 40 years to life, sends a clear message that those who commit atrocities will be held to account. The IRMCT continued to hear the retrial in the case of Stanišić and Simatović and issued a decision in the Šešelj contempt case.

The UK supported the Extraordinary Chambers in the Courts of Cambodia and the Residual Special Court for Sierra Leone through a total contribution of over £500,000. The UK has also been at the forefront of international efforts to gather and analyse evidence of atrocities committed in the middle east. Since 2016, we have committed £950,000 to the UN International Impartial and Independent Mechanism (HIM) to support the preparation of legal cases for serious crimes committed in the Syrian conflict. The UK also led efforts to adopt a UN Security Council resolution establishing an investigative team to collect, preserve and store evidence of Daesh atrocities in Iraq, and contributed £1 million towards its operation. The first mass grave exhumation was in March 2019 in the Yezidi village of Sinjar.

In reaction to the Rohingya crisis in Burma, the UK worked closely with the EU and the Organisation of Islamic Co-operation to secure a UN Human Rights Council resolution to establish a mechanism to collect and preserve evidence of human rights violations to support future prosecutions.

We will continue to update Parliament on our support to international criminal justice through our annual human rights report.

[HCWS1729]

Grenfell Tower

Wednesday 17th July 2019 Written Statements

[The Secretary of State for Housing, Communities and Local Government (James Brokenshire)]

Two years on from the Grenfell Tower tragedy, my priority is to ensure that everyone affected is receiving the support they need and deserve. The independent Grenfell recovery taskforce continues to provide challenge and advice to the Royal Borough of Kensington and Chelsea (RBKC) in its response to the Grenfell Tower tragedy. I recently received its fourth report, which I am today depositing in the Library of the House and publishing in full at gov.uk, alongside my response.

The taskforce has outlined the progress that the council has made since their last report of November 2018. RBKC have published its Grenfell recovery strategy and committed £50 million over the next five years to develop services to support the recovery. The recovery strategy is also prioritised in the new council plan. The taskforce reports that the dedicated service for the bereaved and survivors is the successful result of the council co-designing the service with its users. I welcome these significant steps forward.

On rehousing, the taskforce has again offered reassurance to Ministers that the council’s approach is appropriate and sensitive to the long-term needs of survivors. I am pleased that there has been further progress since I received the taskforce’s report with two more families moving into permanent accommodation. However, as I said in my oral statement on 10 June I remain concerned that households are still in emergency accommodation, including one in a hotel.

The taskforce has also welcomed the council’s demonstrable appetite to modernise its governance procedures. It cites its implementation of recommendations by the Centre for Public Scrutiny, including establishing a programme of listening forums. The taskforce has also identified the beginning of a culture change initiated by the chief executive and leader of the council.

The taskforce has highlighted developments in the council’s approach to community relationships and communications. RBKC has increased the number and means by which it engages with its residents including new meetings between the political leadership and some of those most affected by the tragedy. The taskforce also reports that it is seeing pockets of good practice pertaining to fostering good relationships with service users and the community.

Whilst the taskforce has noted good progress in many areas it is also clear that the council still faces significant challenges. The taskforce has identified that the pace by which the recovery is being implemented is still too slow and that this needs to be addressed. The taskforce has highlighted that strands of the recovery strategy remain in development, as well as the community programme and economy strategy. The taskforce therefore remain concerned about the capacity and corporate capability of the council to drive sustainable change. Although the rehousing programme is nearing completion the taskforce states that the council still faces substantial wider housing challenges. Whilst there is a programme to support and develop all councillors, the taskforce has noticed occasions where member behaviour has caused it concern. There is a high degree of social capital that the council has yet to fully tap into and the taskforce calls for an innovative approach to harness this enthusiasm. The taskforce has also highlighted that the culture change has still not permeated all levels of the council and silo working remains an issue.

The taskforce has set the bar high for RBKC’s recovery. It is important there is ambition and pace in the council’s recovery efforts over the next three to four months in responding to the taskforce’s recommendations, including:

Urgently implementing its recovery strategy;

Fostering a council-wide culture change so that everyone is working together;

Clearly communicating its recovery plan and develop stronger communications skills;

Ensuring that the senior team has the appropriate skills and resilience;

Making a clear commitment to creating a better relationship with its community.

I am assured the council has already set in train action to meet these recommendations. This includes a paper outlining its plans to implement organisational change at the council by 2020.

I will review the process in September, by which point I hope the council will have made sufficient further progress. I look forward to continuing to work with the taskforce.

[HCWS1733]

Victims of Crime: Code of Practice Consultation

Wednesday 17th July 2019 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

Today, I am launching the Government’s consultation on revising the code of practice for victims of crime (the code), which sets out our proposals for improving the code.

This consultation is the first step in strengthening the code, one of the overarching improvements to victims’ experiences of the criminal justice system which we committed to in the cross-government victims strategy, published in September last year.

The vision we set out in the victims strategy is one of a justice system that supports even more victims to speak up by giving them the certainty that they will be understood, that they will be protected, and that they will be supported throughout their journey, regardless of their circumstances or background.

As part of delivering on that vision one of our key commitments was to amend the code to address its complexity, accessibility and language and consult on a revised version. We also committed to update entitlements in the code so they are better reflective of victims’ needs. This thematic consultation sets out our proposals for amending the code and will inform our second consultation on a revised draft code.

Some of the proposals included in the consultation are:

Greater clarity around victims’ rights, such as a right to be given information about the investigation and criminal proceedings and the right to make a victim personal statement (VPS);

A statement within the code that victims who do not report the crime or withdraw from the criminal justice process are entitled to the same support as those who do report the crime;

Creation of a short, user-friendly overview of the code to summarise the key points that all victims need to know (and a separate one for children/young people);

Creation of a guide for practitioners working in the criminal justice sector on how to apply the code;

Revising the current categories for victims entitled to an enhanced service to make it simpler, with a greater focus on identifying and meeting the needs of the victim.

However, amending the code is only part of the picture. To strengthen the code we also committed to:

Introduce improved reporting, monitoring and transparency to strengthen compliance with the code.

Bring forward proposals for a consultation on the detail of the victims’ law, including strengthening compliance with the code and the powers of the Victims’ Commissioner.

We are already working with police and crime commissioners and local criminal justice partnerships to improve compliance with the code through improved reporting, monitoring and transparency on whether victims are receiving entitlements. This goes hand in hand with amending the code. On 1 April we issued the first iteration of a framework for compliance with the code.

Once we have revised the code we will then consult on the detail of victim focussed legislation. As part of that we want to strengthen the enforcement of the code to make sure victims receive the services they are entitled to, and criminal justice agencies are held to account if they do not. We also want to explore increasing the Victims’ Commissioner’s powers to better hold the Government to account. However, to do that we first need to revise the code to make sure that the entitlements victims receive are the right ones in the first place.

In developing the consultation, we have engaged extensively with victims and victims’ groups and considered the views and recommendations made by key stakeholders including the Victims’ Commissioner and the London Victims’ Commissioner. This has ensured the consultation is informed by those who have had direct experience of being a victim, as well as those with frontline expertise.

The consultation is available in full at: https://consult. justice.gov.uk/digital-communications/proposed-changes-to-the-victims-code/

[HCWS1730]