Written Statements

Thursday 14th January 2021 Written Statements

Thursday 14 January 2021

Indemnity for Police Area Returning Officers and Local Returning Officers: 2021 Police and Crime

Thursday 14th January 2021 Written Statements

[The Minister for the Constitution and Devolution (Chloe Smith)]

It is necessary for the Cabinet Office to indemnify police area returning officers (PAROs) and local returning officers (LROs) in England and Wales against uninsured claims that arise out of the conduct of their duties in police and crime commissioner (PCC) elections. This is because for the purposes of PCC elections, PAROs and LROs are statutorily independent officers and are separate from both central and local government. As such, they are personally liable for the conduct of the PCC elections. They are therefore potentially exposed to a variety of legal risks and challenges. Existing insurance that covers PAROs and LROs in discharging their statutory duties as returning officers at local elections will not, in most cases, cover them at the PCC election.

In the light of this, the Cabinet Office proposes to continue to indemnify PAROs and LROs at the forthcoming PCC elections on 6 May 2021, and any subsequent by-elections taking place before the next scheduled elections on 1 May 2024, against claims that arise out of the conduct of their duties where existing insurance cover does not apply. Where a PARO or LRO already holds insurance which covers liabilities incurred at the PCC election, they will be required to claim under that insurance (or to seek to claim under it) before making a claim against this indemnity. Insurance for specific elections has historically provided extremely poor value for money, with claims made under such cover being smaller than the cost of the insurance premium. An indemnity therefore provides better value for money and this approach has been taken for elections since 2009.

On this basis, I have today laid a minute setting out the Cabinet Office’s intention to extend the current arrangements which indemnify PAROs and LROs against claims that arise out of the conduct of their duties in relation to the PCC elections.

In Wales, PAROs and LROs will be conducting Welsh parliamentary elections in combination with PCC elections on 6 May 2021. The Welsh Government will provide their own indemnity to returning officers working on the Welsh parliamentary polls. Where a claim is made against the actions or conduct of a returning officer in relation to both Welsh parliamentary and PCC elections, any losses, liability, damages, costs, claims, proceedings or expenses incurred in relation to the combined polls will be apportioned equally, so far as that is reasonable.

The indemnity will provide PAROs and LROs with cover for:

Amounts that exceed the upper limits on any existing insurance policies held by them, or local authorities on their behalf, that will provide coverage;

Any reasonable costs resulting from their liabilities to the public, as an employer or in their professional role.

The indemnity will only apply so far as any charges are not otherwise recoverable under the charges provisions contained in section 55 of the Police Reform and Social Responsibility Act 2011, and is subject to exclusions set out in the departmental minute. The indemnity is otherwise unlimited in terms of the maximum amount covered per claim.

We will also provide a certificate confirming that we will bear any employee liabilities of the PARO or LRO which would otherwise be covered by insurance procured under the Employers’ Liability (Compulsory Insurance) Act 1969.

It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency. The Treasury has approved the proposal in principle.

[HCWS706]

Indemnity for Returning Officers and Acting Returning Officers: UK Parliamentary Elections

Thursday 14th January 2021 Written Statements

[The Minister for the Constitution and Devolution (Chloe Smith)]

It is necessary for the Cabinet Office to indemnify returning officers in England, Scotland and Wales against uninsured claims that arise out of the conduct of their duties in the course of a UK parliamentary election or by-election. This is because for purposes of UK parliamentary elections, returning officers and acting returning officers throughout Great Britain (referred to below as “ROs” and “AROs”) are statutorily independent officers. They are separate from both central and local government. As a result, they are exposed to a variety of legal risks varying from minor claims for injury, to significant election petitions and associated legal costs.

ROs and AROs make their own arrangements to insure themselves against any risks they face in taking forward their statutory duties at local and UK parliamentary elections. The cover obtained usually forms part of the local authority’s own insurance arrangements. While this insurance will cover certain risks to which ROs and AROs may be exposed at UK parliamentary elections, they could ultimately be liable for claims of a type not covered by insurance policies. They could also be liable for claims that exceed the insurance limits in existing cover.

In the light of this, the Cabinet Office proposes to continue to provide ROs and AROs with a specific indemnity for UK parliamentary elections to supplement the insurance policies that have been arranged locally. On this basis, I have today laid a minute setting out the Cabinet Office’s intention to extend the current arrangements which indemnify ROs and AROs against claims that arise out of the conduct of their duties in relation to UK parliamentary elections.

The indemnity will cover ROs’ and AROs’ costs (including reasonable legal costs and reasonable expenses) incurred in connection with a UK parliamentary election, which arise in relation to their discharge of responsibilities as RO or ARO but fall outside of the scope of the insurance cover which they have arranged locally, and where all other forms of recourse have been exhausted. The indemnity will be limited to the extent set out in the departmental minute.

The indemnity will cover costs arising in relation to UK parliamentary elections, including byelections, where the date of the poll is on or before 1 May 2024. The indemnity is subject to exceptions identified in the minute, but is unlimited in terms of the maximum amount it covers per claim. If the liability is called, provision for any payment is to be met from the Consolidated Fund.

It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency. The Treasury has approved the proposal in principle.

[HCWS707]

Domestic Abuse Victims: Workplace Support

Thursday 14th January 2021 Written Statements

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I am tabling this statement for the benefit of hon. and right hon. Members, to bring to their attention the Government’s report into support in the workplace for victims of domestic abuse.

This report, which I am publishing today, sets out the key findings from the review conducted by the Department for Business, Energy and Industrial Strategy this year, as well as the areas of work which Government will take forward as a result of this review.

This review is part of the Government’s agenda to raise awareness and build understanding about the devastating impact of domestic abuse on victims and their families. The landmark Domestic Abuse Bill, led by the Home Office and the Ministry of Justice, 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 to pursue the abuser. The Bill includes a wide range of measures to better protect and support victims of domestic abuse and their children for the long term.

Alongside the measures in the Bill, we know that accessing and remaining in work is vital for victims of domestic abuse. Work provides not only an income, and the security that brings, but also opportunities to make social connections, and maintain health and wellbeing. For individuals experiencing domestic abuse, the workplace itself can also be a place of safety and respite from the abuser, and a place where they can make the arrangements they need and contact specialist services.

To inform this report, BEIS launched a call for evidence in June seeking evidence of how workplaces can most effectively support victims of domestic abuse. This received 126 written responses from individuals, representatives of victims, employers and their representatives, trade unions and others with interest. We also held a series of roundtables and meetings to discuss the issues in more depth with the designate domestic abuse commissioner, the victims commissioner, trade unions, specialist charities and service providers, employers and their representatives across England, Wales, Scotland and Northern Ireland.

With the right support and encouragement, employers can play a key role in helping to lift the lid on this often hidden and always hideous crime. The report considers what pragmatic, effective new measures could be put in place in the workplace by Government and employers. It is structured around three main themes:

Raising awareness and understanding of the impacts that domestic abuse can have on individuals and employers.

Building and sharing best practice among employers.

The role that employment rights play in addressing the needs of victims of domestic abuse.

The work does not end with this report. We will work together with employers, representatives of victims and trade unions to continue to build awareness and understanding of domestic abuse and drive good practice across the board. The evidence provided showed that flexibility can help victims in situations where they need to access services. We will take forward the manifesto commitment to consult on ways to ensure that flexible working becomes the default for everyone, which we know will benefit individuals experiencing domestic abuse. We will also prepare a consultation on further steps to help victims of domestic abuse in the workplace, for example on how to support them to access existing employment rights such as flexible working more effectively.

I shall place copies of the report in the Libraries of the House.

[HCWS711]

Second-hand Margin Scheme in Northern Ireland: Motor Vehicles Sourced from Great Britain

Thursday 14th January 2021 Written Statements

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

My noble Friend the Minister of State (Lord Agnew of Oulton) has today made the following written ministerial statement.

Under the Northern Ireland protocol (“the protocol”), EU VAT rules in respect of goods will continue to apply in Northern Ireland. However, Northern Ireland is, and will remain, part of the UK’s VAT system.

As set out in the 10 December 2020 Command Paper [CP 346] , the Government are aware of concerns regarding the use of the second-hand margin scheme in Northern Ireland, with respect to motor vehicles sourced in Great Britain. The Government understand the impact this may have on Northern Ireland traders and consumers, and are therefore exploring options to minimise this.

As an interim measure, the Government will be issuing guidance to traders on how they can continue to apply the margin scheme in relation to motor vehicles sold since the end of the transition period.

Following initial engagement this week, the Government will also seek to agree a long-term derogation with the European Commission from EU VAT rules to allow the margin scheme in Northern Ireland to apply in respect of motor vehicles sourced in Great Britain.

In line with this approach, the Government will bring forward legislation at the earliest opportunity on the use of the margin scheme in Northern Ireland with respect to motor vehicles sourced in Great Britain. Consistent with the Government’s intentions to apply for a derogation, this legislation will be retrospective and apply from 11pm on 31 December 2020.

[HCWS710]

Reforming Pre-charge Bail

Thursday 14th January 2021 Written Statements

[The Secretary of State for the Home Department (Priti Patel)]

In February of last year, this Government launched a consultation seeking views on reforming pre-charge bail. A number of cases had highlighted that the existing system was not working for victims, law enforcement, or suspects. It is of great importance to this Government that the public have confidence in the criminal justice system, and I am clear that the welfare of victims should be at its heart.

The consultation sought views on a number of aspects of the pre-charge bail process—in particular addressing the reduced reliance on pre-charge bail, and the growing number of suspects being released under investigation (RUI). Under RUI, conditions and restrictions, which could be used to protect the victim, cannot be imposed on a suspect, and this has meant that in a number of cases victims have not had the right safeguards in place.

We received feedback from a range of stakeholders—from charities and victim services to lawyers and the judiciary and police—which we have used to inform our response. The Government have listened, and now we are taking action.

We will be bringing forward the following reforms, legislating where necessary at the earliest opportunity, to ensure victims can feel better protected and suspects will not be placed under endless suspicion.

We will remove the current presumption against use of pre-charge bail to ensure that law enforcement can take a balanced decision depending on the circumstances of the case. This will help reduce the numbers of those released under investigation (RUI).

We will adjust the timescales and authorisation levels for pre-charge bail to better reflect the operational realities faced by investigating officers, while maintaining rigorous oversight of decisions to extend bail timelines.

We will ensure that victims play a key role in the pre-charge bail process, that they are fully informed as the case progresses and are able to ask questions and provide views. This is so officers can take into account any safeguarding concerns to ensure appropriate measures are in place.

We are determined to give the police the right tools to keep the public safe. These changes are designed to make the pre-charge bail regime more effective and to provide more confidence for all involved.

Further detail of the changes we are making can be found in the consultation response. The consultation response will be available at: https://www.gov.uk/government/consultations/police-powers-pre-charge-bail. A copy will also be placed in the Libraries of both Houses.

[HCWS708]

Contingencies Fund Advance

Thursday 14th January 2021 Written Statements

[The Minister for Regional Growth and Local Government (Luke Hall)]

I give notice that the Ministry of Housing, Communities and Local Government intends to seek an advance from the Contingencies Fund to fund previously announced covid-19 expenditure on local government DEL that is above the level of the net cash requirement approved at the main estimate. The Department requires an advance of its cash requirement pending parliamentary approval of the supplementary estimate 2020-21.

Parliamentary approval for additional resources of £3,559,984,000 will be sought in a supplementary estimate for the Ministry of Housing, Communities and Local Government. Pending that approval, urgent expenditure estimated at £3,559,984,000 will be met by repayable cash advances from the Contingencies Fund.

[HCWS712]

Criminal Legal Aid: Independent Review

Thursday 14th January 2021 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Following the accelerated package of measures amending the criminal legal aid fee schemes announced in August, I announced that the next phase of the criminal legal aid review would involve an independently led review. On 21 December 2020, I published the terms of reference for that review, and announced via press notice that it would be chaired by Sir Christopher Bellamy QC. I am today following up that announcement.

The first phase of the criminal legal aid review has delivered up to £51 million to practitioners, and the independently led review will build on the data and insights collected so far. It will be far reaching in scope, assessing the criminal legal aid market in its entirety; the service being provided, how it is procured and how it is administered. It will develop and continue the original aims of the first phase of the criminal legal aid review.

Over the last few years, concerns have been raised about the long-term sustainability of criminal legal aid. Against this backdrop, and the impact of the covid-19 pandemic, it is important that we do what is necessary to ensure the criminal legal aid system is efficient, effective, and sustainable.

The ultimate objective for the criminal legal aid system is to provide legal advice and representation to those who need it, in line with my statutory duty to ensure legal aid is made available in order to ensure and uphold access to justice. This objective will provide the foundation for the review’s analysis and recommendations. The review will aim to ensure that defendants receive high-quality advice and representation from a diverse set of practitioners, both now and in the future, while also making sure that the criminal legal aid system is sustainable and provides value for money to the taxpayer and contributes to the efficiency and effectiveness of the criminal justice system. The themes and objectives of the review are outlined in detail in the terms of reference, which I have placed in the Library of the House.

The review will be chaired by Sir Christopher Bellamy QC. Sir Christopher is a former judge with a wealth of legal experience. He has recently stepped down as chairman of Linklaters global competition practice and joined Monckton Chambers to focus on mediation and arbitration. Sir Christopher will lead a dedicated review team within Government which will support him as he delivers the review’s recommendations.

I am working to establish an expert advisory panel as soon as possible who will provide support to the review by testing and challenging the review’s analysis and recommendations. The panel will be composed of individuals with a range of backgrounds, skills and experience that will aid the review in its analysis of the criminal legal aid system.

The review will report this year and the Ministry of Justice will aim to publish the report, alongside the Government’s response, by the end of 2021.

[HCWS708]