At its meeting on 10 October 2018 the Committee scrutinised a number of Instruments in accordance with Standing Orders. It was agreed that the special attention of both Houses should be drawn to one of those considered. The Instrument and the ground for reporting it is given below. The relevant Departmental memorandum is published as an appendix to this report.
1.1The Committee draws the special attention of both Houses to this draft Order on the ground that the commencement provision requires the explanation now given by the Home Office.
1.2Article 2 of the Order designates the National Police Chiefs’ Council (‘NPCC’) as a public authority for the purposes of the Freedom of Information Act 2000 (‘the 2000 Act’) with respect to the NPCC’s functions listed in paragraph (1)(a) to (f) of that article. This will require the NPCC to disclose information relating to the exercise of those functions in response to requests made under the 2000 Act.
1.3Article 1 would bring the draft Order into force on the day after the day on which it is made. The Committee asked the Home Office to justify this provision in light of the Committee’s First Report of Session 2014–151 and 26th Report2 of the current session.
1.4In each report, the Committee expressed the view that, where an affirmative procedure instrument imposes new duties which are significantly more onerous than before, and requires those affected to adopt different patterns of behaviour, there should be a period between the making of the instrument and its commencement which gives those affected a reasonable chance to adapt to the changes required. The Committee considered that, as a starting assumption, the period should be at least 21 days, and that the Government should provide strong policy reasons to justify any shorter period.
1.5The Department’s detailed response is provided in a memorandum printed as an Appendix. In summary, the Home Office contends that it is appropriate for the draft Order to come into force on the day after the day on which it is made because:
1.6The Committee considers that the Home Office has made out a persuasive case for commencing the Order on the day after it is made. Nonetheless it is disappointed that the justification was not given in the Explanatory Memorandum laid with the draft Order. In section 3.1 of that Memorandum, the Home Office reports that there are no matters of special interest to the Committee – despite the concerns expressed in recent reports of the Committee about affirmative procedure instruments which are brought into force without giving adequate time to those affected to adapt to significant new obligations imposed by the instruments.
1.7The Committee therefore reports article 1 of the draft Order on the ground that it requires the justification now provided by the Home Office in its memorandum to the Committee.
1 In relation to the draft Openness of Local Government Bodies Regulations 2014. (HL Paper 4; HC 332-i).
2 In relation to the draft Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018. (HL Paper 155; HC 542-xxvi.).
Published: 12 October 2018