Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what plans they have to ensure that Acts of Parliament are subject to post-legislative review by sponsoring government departments three to five years after enactment.
Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)
It continues to be Government policy that all bills that have reached Royal Assent are eligible for post-legislative scrutiny three to five years after enactment. It can be agreed between the department and the relevant Commons select committee that a review is not required. Post-legislative scrutiny memoranda have been published on GOV.UK where Acts have undergone the process.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 13 September 2023 (HL10154), what steps the Deputy Prime Minister has taken to ensure that senior ministers are aware of, and have regard to, the core principles of the UK constitution, and what consultation there has been with the Lord Chancellor to ensure that the rule of law is upheld.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
As set out in the Ministerial Code, there is an overarching duty on all ministers to comply with the law. Ministers are personally responsible for deciding how to conduct themselves in light of the Code.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 8 February (HL1937), whether they will list the 19 non-statutory and 23 statutory inquiries established under the Inquiries Act 2005, along with the (1) length, (2), cost, and (3) sponsoring department, for each of those inquiries.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
The Cabinet Office collects data on the duration and cost of inquiries from departments, inquiries’ own reports, and other publicly available information.
We have provided details on all statutory and non-statutory inquiries established since 2005 in the table below.
In some cases, information in the table below has come from reports from outside the Government. We have not included the costs for ongoing inquiries, which are published at different frequencies on inquiry or departmental websites, and we have not included the details for any investigations commissioned by NHS England (some of which were counted in the total number of non-statutory inquiries in our previous response, answered on 8th February 2024, UIN HL1937). It has been noted where the publicly available information provides the cost excluding VAT.
Inquiry | Sponsor Department | Legislative Basis | Year established | Duration in months (from announcement to publication of final report) | Reported final costs where publicly available |
Jalal Uddin Inquiry | HO | Inquiries Act 2005 | 2023 | Ongoing | - |
Cranston Inquiry | DfT | Non-statutory | 2023 | Ongoing | - |
Andrew Malkinson Inquiry | MoJ | Non-statutory | 2023 | Ongoing | - |
Thirlwall Inquiry | DHSC | Inquiries Act 2005 | 2023 | Ongoing | - |
Inquiry into the preventability of the Omagh bombing | NIO | Inquiries Act 2005 | 2023 | Ongoing | - |
Independent inquiry relating to Afghanistan | Ministry of Defence | Inquiries Act 2005 | 2022 | Ongoing | - |
Dawn Sturgess Inquiry | HO | Inquiries Act 2005 | 2022 | Ongoing | - |
Fuller Inquiry | DHSC | Non-statutory | 2022 | Ongoing | - |
Angiolini Inquiry | HO | Non-statutory | 2022 | Ongoing | - |
UK Covid-19 Inquiry | Cabinet Office | Inquiries Act 2005 | 2022 | Ongoing | - |
Lampard Inquiry | DHSC | Inquiries Act 2005 | 2021 | Ongoing | - |
Jermaine Baker inquiry | HO | Inquiries Act 2005 | 2020 | 29 | £4.1m |
Post Office Horizon IT inquiry | DBT | Inquiries Act 2005 | 2020 | Ongoing | - |
Manchester Arena inquiry | HO | Inquiries Act 2005 | 2019 | 41 | £35.6m |
Brook House Inquiry | HO | Inquiries Act 2005 | 2019 | 46 | £18.7m |
The Independent Medicines and Medical Devices Safety Review | Department of Health | Non-statutory | 2018 | 29 | £1.7m |
Independent Inquiry into the issues raised by Ian Paterson | Department of Health | Non-statutory | 2018 | 26 | £1.9m |
Grenfell Tower Inquiry | Cabinet Office | Inquiries Act 2005 | 2017 | Ongoing | - |
Infected Blood Inquiry | Cabinet Office | Inquiries Act 2005 | 2017 | Ongoing | - |
Independent inquiry into the award of the Magnox decommissioning contract by the Nuclear Decommissioning Authority (NDA) and its subsequent termination | BEIS | Non-statutory | 2017 | 48 | [unknown] |
Anthony Grainger Inquiry | HO | Inquiries Act 2005 | 2016 | 40 | £2.6m |
The Independent Inquiry into Child Sexual Abuse | HO | Inquiries Act 2005 | 2015 | 99 | £192.7m (as of Dec 2022) |
Undercover Policing Inquiry | HO | Inquiries Act 2005 | 2015 | Ongoing | - |
Gosport Independent Panel | Department of Health | Non-statutory | 2014 | 42 | £13m |
The Litvinenko Inquiry | HO, FCO and 3 x Intelligence Agencies | Inquiries Act 2005 | 2014 | 18 | £2.4m (exc. VAT) |
Harris Review / Independent review of self-inflicted deaths of young adults in custody aged between 18 and 24 | MoJ | Non-statutory | 2014 | 17 | £0.2m |
The Morecambe Bay Maternity and Neonatal Services Investigation | Department of Health | Non-statutory | 2013 | 18 | £1.1m |
Daniel Morgan Independent Panel | HO | Non-statutory | 2013 | 97 | £17.6m |
The Leveson Inquiry | DCMS and HO | Inquiries Act 2005 | 2011 | 16 | £5.4m |
The Azelle Rodney Inquiry | MoJ | Inquiries Act 2005 | 2010 | 40 | £2.6m |
Mid Staffordshire NHS Foundation Trust Inquiry 2013 / The Francis Inquiry | Department of Health | Inquiries Act 2005 | 2010 | 36 | £13.7m |
The Detainee Inquiry | Cabinet Office | Non-statutory (Committee of Privy Counsellors) | 2010 | 45 | £2.3m (exc. VAT) |
The Hillsborough Independent Panel | HO | Non-statutory | 2009 | 33 | Less than £5m |
The Al Sweady Inquiry | MoD | Inquiries Act 2005 | 2009 | 61 | £24.9m (exc. VAT) |
Independent Inquiry into care provided by Mid Staffordshire NHS Foundation Trust January 2001 – March 2009 | Department of Health | Non-statutory | 2009 | 7 | - |
The Iraq Inquiry / The Chilcot Inquiry | Cabinet Office, FCO, DfID | Non-statutory (Committee of Privy Counsellors) | 2009 | 85 | £13.1m |
The Bernard (Sonny) Lodge Inquiry | MoJ | Inquiries Act 2005 | 2009 | 10 | £0.4m |
The Baha Mousa Inquiry | MoD | Inquiries Act 2005 | 2008 | 39 | £13m |
Inquiry into Human Tissue Analysis in UK Nuclear Facilities / Redfern Inquiry | DTI - BERR - DECC | Non-statutory | 2007 | 43 | - |
Contaminated Blood and Blood Products Inquiry | Department of Health | Non-statutory | 2007 | 48 | £75k |
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government how many statutory and non-statutory inquiries they have undertaken since 2005, and what were their (1) length, (2) cost, (3) sponsoring department, and (4) subject matter.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
Since 2005, our records show that His Majesty’s Government has established 19 non statutory inquiries and 23 statutory inquiries under the Inquiries Act 2005 on a broad range of subject matters. 28 of the total 42 inquiries have been completed. Several of these statutory inquiries had previously been established as non statutory inquiries or inquests. The length of completed inquiries in this period ranges from 7 to 99 months and published costs vary significantly from between £0.2m and £194m. Most Whitehall departments have sponsored public inquiries. Further information can be found on inquiry and departmental websites and in the National Archives.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 7 August (HL9634), which Acts of Parliament are currently eligible for, but are not receiving, post-legislative review by their departments.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
This information is not held centrally. All bills that have reached Royal Assent are eligible for post-legislative scrutiny three to five years after they are enacted. Post-legislative scrutiny memoranda have been published on GOV.UK where bills have undergone the process. In addition, the Lords Special Inquiry Committee appointed to carry out post-legislative scrutiny on specific Acts publishes information on its inquiries on parliament.uk.
While all bills that have reached Royal Assent are eligible for post-legislative scrutiny enacted, it can be agreed between the department and the relevant Commons departmental select committee that a memorandum is not required.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 26 June (HL8404), why the responsibility of the Deputy Prime Minister for constitutional policy is omitted from the updated list of ministerial responsibilities.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
The Deputy Prime Minister and Chancellor of the Duchy of Lancaster has oversight of all Cabinet Office policy and continues to maintain responsibility for constitutional policy, with support from a wider ministerial team within the Cabinet Office and across Government.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government, further to the Written Answer by Baroness Neville-Rolfe on 13 July (HL8938), which Acts of Parliament are presently undergoing post-legislative review; and which Acts are scheduled to enter the review process between now and the end of 2023.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
There are currently no Acts of Parliament undergoing post-legislative scrutiny.
Acts of Parliament that received Royal Assent before 2019 are eligible for post-legislative scrutiny by the end of 2023. The Government has not announced whether any post-legislative scrutiny communications will be published between now and the end of 2023.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government when they next plan to publish the list of ministerial responsibilities.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
An updated List of Ministerial Responsibilities will be published before the summer recess.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government how many post-legislative reviews have been undertaken and published by government departments since January 2020; how this figure compares with reviews published in the periods 2010–15 and 2016–20; and what plans there are to expand the use of post-legislative reviews of Acts three to five years after enactment.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
The Government published two post-legislative reviews between January 2020 and June 2023, two post-legislative reviews between 2010-15 and nine post-legislative reviews between 2016-20. The Government remains committed to using post-legislative reviews to examine the impact of legislation after it has been passed.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government which member of the Cabinet has overall responsibility for constitutional affairs and for upholding the constitution.
Answered by Baroness Neville-Rolfe - Shadow Minister (Treasury)
The Deputy Prime Minister holds ministerial responsibility for constitutional policy, with support on matters relating to the constitution from a wider ministerial team within the Cabinet Office and across Government.