Commentary on provisions of the Bill
Clause 1: Definition of family test
7 Clause 1 sets out the definition of the family test.
8 Clause 1(2) establishes that the test is an assessment of proposals for their impact on (i.e. positive and/or negative) on the promotion of strong and stable families.
9 Clause 1(3) sets out the matters relevant to a consideration of the impact of a policy on promoting family stability. The list of relevant matters is based on those set out in the guidance developed for all Government by the Department for Work and Pensions.
10 Clause 1(4) sets out the key family relationships which should be considered in applying the test, whilst making clear that this does not provide an exhaustive list of family relationships. The list of relationships is based on those set out in the relevant Department for Work and Pensions guidance.
Clause 2: Requirement to carry out and publish impact assessment of new proposals
11 Clause 2(1)(a) creates a duty on public authorities to carry out and publish an assessment of the impact of expenditure, administrative and policy proposals, including for primary and secondary legislation, on family stability.
12 If a given public authority determines that it does not need to carry out an assessment clause 2(1)(b) requires it to publish a statement stating its reasons for not conducting the Family Test.
13 If a public authority determines there is a negative impact on families but continues to proceed with the proposal, clause 2(2) requires the authority to publish a statement of its reasons for pursuing the proposal.
Clause 3: Relevant authorities
14 Clause 3 identifies the public authorities under a duty to apply the Family Test as Ministers of the Crown and government departments. The clause grants the Secretary of State the power to designate other public sector organisations as falling under this duty by delegated legislation.
Clause 4: Duty to report on costs and benefits of extending the test to local authorities
15 Clause 4 requires the Secretary of State to carry out an assessment of the costs and benefits of placing local authorities under the duty to apply the Family Test.
16 The assessment must be laid before Parliament within six months of the Act coming into force.
Clause 5: Duty to establish objectives, targets and indicators for the Government’s performance in promoting strong and stable families.
17 Clause 5 requires the Secretary of State to establish objectives, targets and indicators for assessing the Government's performance in promoting strong and stable families and requires the Government periodically to review progress towards the objectives.
18 Clause 5(1) requires the Secretary of State to publish a report within nine months of the Act coming into force setting out the Government's objectives and targets for promoting strong and stable families, the proposals and policies for meeting those objectives and targets, the indicators used to assess strong and stable families, the data on which the indicators are based and how progress will be measured.
19 Clause 5(2) requires the Secretary of State publish a report on progress towards achieving the family stability objectives each financial year.
20 Clause 5(3) requires the Secretary of State to review the family stability objectives, targets and indicators every three years and publish a report setting out any changes and trends.
21 Clause 5(4) stipulates that reports published under this clause must be laid before Parliament.
Clause 6: Interpretation
22 Clause 6 sets out the meaning to be given to certain key phrases for the purposes of the Bill.
Clause 7: Short title, commencement and extent
23 Clause 7 is self-explanatory.
Commencement
24 Clause 7 states that the Bill would come into force 3 months after the day on which it received Royal Assent.