Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the HM Treasury:
To ask Mr Chancellor of the Exchequer, what representations were made to the Government on the constitutional propriety of the General Anti-Avoidance Rule introduced by the Finance Act 2013 (a) in relation to whether the Rule seeks to make citizens responsible for shortcomings of the legislative process, (b) in relation to whether the Rule requires the courts to give effect to interpretations offered by an advisory body which is unaccountable and unelected and (c) on any other grounds.
Answered by David Gauke
The Government launched its consultation on a General Anti-Abuse Rule (GAAR) on 12 June 2012. A significant number of responses were received from a wide range of respondents. HM Revenue & Customs (HMRC) published a summary of responses on 11 December 2012 noting that the majority of respondents were broadly in favour of an anti-abuse rule, though there were concerns that the draft legislation had the potential to apply more widely than the stated target.
The role and composition of the GAAR Advisory Panel was an important element of the consultation. The response document notes that, “most respondents welcomed the introduction of the Advisory Panel as a taxpayer safeguard. There was support for the view that it should be a non-judicial body that would consider a case before it progresses to a court or tribunal.”
In addition to the thorough consultation and following the publication of the provisions on GAAR in December 2012, the House of Lords Economic Affairs Committee considered the Government’s proposals for an anti-abuse rule, as part of their enquiry into selected provisions of the draft Finance Bill. The Committee considered representations from a range of sources. The majority of those who made comments or gave evidence were also broadly in support of the new rule. The Committee’s report is available here: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeconaf/139/13906.htm
The consultation and the summary of responses is available at:
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, if he will review the use of subordinate legislation to amend primary legislation; and if he will propose arrangements to restrict such powers to cases of necessity.
Answered by Oliver Letwin
There is no plan to review the use of powers that allow subordinate legislation to amend primary legislation. Parliamentary Counsel and Departments work to ensure that new delegated powers are proportionate. Each Government Bill is accompanied by a memorandum explaining the delegated powers included in the Bill and explaining why they are necessary.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what arrangements are in place for Parliamentary Counsel to refer to the Law Officers proposals for legislation which appear to Parliamentary Counsel to be compliant with the European Convention on Human Rights but objectionable on fundamental grounds of fairness or legislative propriety.
Answered by Oliver Letwin
All Government Bills are subject to collective agreement and as part of this process the Law Officers’ offices are consulted. All Bills are published along with a statement of compatibility with the European Convention on Human Rights and most Bills are accompanied by a memorandum setting out the interaction with Convention rights.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what arrangements are in place to ensure that the drafting of statutory guidance, codes of practice and other forms of secondary legislation is of a consistent quality across Government and fit for purpose.
Answered by Oliver Letwin
The drafting of secondary legislation is the responsibility of lawyers in Government Departments. The Government Legal Service runs a structured training programme, and produces comprehensive guidance on drafting statutory instruments. The Office of the Parliamentary Counsel also makes its drafting guidance available to Departmental lawyers.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what proportion of Acts of Parliament in the present Parliament included a power for Ministers to make supplementary and incidental provision by secondary legislation for the purpose of giving full effect to the Act or for similar purposes; and if he will make arrangements to restrict instances of those powers to cases where they can be justified by urgency or other factors preventing the Bill for the Act from dealing fully with consequential and incidental matters.
Answered by Oliver Letwin
The United Kingdom has an extensive statute book, which extends back hundreds of years, so Government Bills often need make provision against the background of this complex legislative landscape. Powers to make supplementary and incidental provision by secondary legislation are often needed to ensure that an Act produces the result intended by Parliament.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what changes have been made in the structure and working arrangements of the Parliamentary Counsel Office in the present Parliament; and what steps have been taken to ensure that those changes do not adversely affect the quality of legislative drafting.
Answered by Oliver Letwin
The Office of the Parliamentary Counsel continue to draft all Government Bills. The teams within the office are allocated to departments. This helps to build strong working relationships with departmental officials and legal advisors. Within the office there are arrangements in place to share expertise and identify key lessons from each Bill.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, which recommendations of Lord Renton's Report on the Preparation of Legislation, Cmnd. 6053, published in 1975, have yet to be implemented; and what arrangements are proposed for the implementation of those recommendations.
Answered by Oliver Letwin
Lord Renton’s report provides valuable lessons on how legislation is prepared and since its publication in 1975 there have many more similar reports. The Office of the Parliamentary Counsel are leading the Good Law initiative to help ensure that law is necessary, clear, coherent, effective and accessible. As part of our commitment to achieve better legislation, this Government has published record numbers of Bills in draft for pre-legislative scrutiny.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when her Department last reviewed the time taken by the West Midlands Constabulary to complete a Disclosure and Barring Service application.
Answered by Karen Bradley
The Department receives monthly updates from the Disclosure and Barring Service (DBS) on the time taken by police forces, including West Midlands police, to complete local police checks as part of the disclosure application process.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when her officials last met officials from the Department for Health to consider the effect of late Disclosure and Barring clearances on the employment of hospital and care home workers.
Answered by Karen Bradley
The DBS hold quarterly meetings with NHS Professionals, a DBS Registered Body which supports applicants from the hospital and care home sectors in making disclosure applications. No complaints have been raised by this Registered Body with
regard to delays with applications.
Asked by: Richard Shepherd (Conservative - Aldridge-Brownhills)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what sanctions her Department has available to take against a Constabulary which takes over 90 working days to process a Disclosure and Barring Service application.
Answered by Karen Bradley
The agreed standard for police disclosure performance is set out in a Service Level Agreement between each force and the Disclosure and Barring Service (DBS). The standards include a requirement for forces to complete 100% of
local checks within 60 days. Where performance falls below this standard, action will be taken. The DBS will work with the force to develop and agree a recovery plan. Performance will be monitored against the plan and further
action agreed as appropriate.