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 Ministry of Defence:
To ask His Majesty's Government what plans they have to ensure that a training barracks remains within a two-hour drive for members of the Army Reserve.
Answered by Earl of Minto - Shadow Minister (Defence)
The cohesive collective element is a key component of being part of the Reserve, and the Army is reviewing the Reserve Forces and Cadets Estate to ensure local hubs maintain a visible and accessible Army Reserve footprint. Travel distances are being assessed alongside wider considerations relating to output, the employment of Smarter Ways of Working and personal preferences including cap badge affiliation and specialist capabilities.
As a Ministry of Defence asset, any changes to the Volunteer Estate would be made in consultation with all the Services, to enable alignment of strategic and fiscal priorities.
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 Department for Business and Trade:
To ask His Majesty's Government what plans they have to undertake post-legislative review of (1) the Business and Planning Act 2020, (2) the Corporate Insolvency and Governance Act 2020, (3) the Trade (Disclosure of Information) Act 2020, and (4) the United Kingdom Internal Market Act 2020, in line with the policy of reviewing Acts three to five years after enactment.
Answered by Lord Johnson of Lainston
All bills that have reached Royal Assent are eligible for post-legislative scrutiny three to five years after they are enacted.
The Trade (Disclosure of Information) Act 2020 was repealed by the Trade Act 2021 and is no longer in force.
There is no planned timetable for post legislative scrutiny of the other bills mentioned in the question.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Department for Transport:
To ask His Majesty's Government what plans they have to undertake post-legislative review of (1) the Automated and Electrical Vehicles Act 2018, (2) the Haulage Permits and Trailer Registration Act 2018, (3) the Laser Misuse (Vehicles) Act 2018, and (4) the Space Industry Act 2018, in line with the policy of reviewing Acts three to five years after enactment.
Answered by Lord Davies of Gower - Shadow Minister (Home Office)
Part 1 of The Automated and Electric Vehicles Act 2018 concerning automated vehicles was reviewed by the Law Commission in the report ‘Automated Vehicles’ on 26 January 2022 as part of a wider review into future automated vehicle law. Part 2 of the Act concerning electric vehicles was reviewed by the Government in the publication 'Automated and Electric Vehicles Act 2018 Regulatory Report 2022' on 31 May 2023.
Both the Laser Misuse (Vehicles) Act 2018 and the Haulage Permits and Trailer Registration Act 2018 are not currently under consideration for post-legislative reviews. The Haulage Permits and Trailer Registration Act 2018 does not contain a review clause as it pertains to EU exit. The Laser Misuse (Vehicles) Act 2018 does not have a review clause and thus far there has not been any secondary legislation brought in to support the Act. Therefore, a review would be disproportionate to complete at this time.
The Department for Transport has commenced a review of the Space Industry Act (2018), which will conclude at the end of March 2024 and be published alongside a wider review being undertaken by the Department for Science, Innovation, and Technology.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question
To ask the Senior Deputy Speaker how many items of postal correspondence were received in the Palace of Westminster in 2023; and of those, how many were received in the House of Lords.
Answered by Baroness McIntosh of Hudnall
The Senior Deputy Speaker has asked me, as Chair of the Services Committee, to respond on his behalf. 721,005 mail items were received on the Parliamentary Estate in 2023. The Administration does not count which House each item goes to but estimates that approximately 15 per cent of these items were destined for the House of Lords. These figures do not include courier items or internal mail.
Please note that this figure refers to the whole Parliamentary Estate, not just the Palace of Westminster.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what plans they have to undertake post-legislative review of (1) the Ivory Act 2018, (2) the Wild Animals in Circuses Act 2019, (3) the Agriculture Act 2020, and (4) the Fisheries Act 2020, in line with the policy of reviewing Acts three to five years after enactment.
Answered by Lord Douglas-Miller
Together with other initiatives, post-legislative scrutiny promotes the delivery of meaningful and effective legislation. Post-legislative reviews are tailored for each Act and should be proportional in scope.
The Ivory Act 2018 came into force on 6 June 2022 when the ban on dealing in elephant ivory commenced. To allow an effective assessment to be made of how the Act is working in practice, we are recommending that a post-legislative review be undertaken in due course in line with the three-to-five-year timeframe from when the Act came into effect rather than the date of Royal Assent.
Defra, as the Act's enforcement authority, monitors routinely the Wild Animals in Circuses Act 2019 and will discuss the most appropriate way to review the 2019 Act with the Environment, Food and Rural Affairs Committee.
Defra intends to undertake post-legislative review of the Agriculture Act 2020 by no later than November 2025.
Post-legislative scrutiny of the Fisheries Act 2020 will be taken forward within the three to five years’ timeframe after Royal Assent. In planning the timing of the post-legislative scrutiny, we need to consider that the Joint Fisheries Statement (JFS) required by the Act was published in November 2022, the first Fisheries Management Plans (FMPs) as required by both the Act and the JFS, were published at the end of December 2023. The Act also requires review of the JFS and FMPs. We are considering the most appropriate point for the post-legislative review.
Asked by: Lord Norton of Louth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans the Ministry of Justice has to undertake post-legislative review of (1) the Civil Liability Act 2018, (2) the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018, (3) the Voyeurism (Offences) Act 2019, (4) the Divorce, Dissolution and Separation Act 2020, (5) the Prisoners (Disclosure of Information About Victims) Act 2020, (6) the Private International Law (Implementation of Agreements) Act 2020, (7) the Sentencing Act 2020, and (8) the Terrorist Offenders (Restriction of Early Release) Act 2020, in line with the policy of reviewing Acts three to five years after enactment
Answered by Lord Bellamy
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.
It is also important to note that post-legislative scrutiny is not the only way policy is reviewed. Many Acts have built-in statutory review mechanisms and consultations have also been launched. This has the effect of providing opportunities for the legislation to be reviewed and assessed without requiring post-legislative scrutiny.
There is no planned timetable for post-legislative scrutiny of the Acts mentioned in this question.