Fifteenth Report
Instruments reported
The Committee has considered the following instruments
and has determined that the special attention of the House should
be drawn to them on the grounds specified.
A. Draft Immigration and Nationality (Fees)
Regulations 2007
Summary: Usual Treasury rules require departmental
charges to make full recovery of the costs of a service that is
being received by the individual, but no more: they do not permit
cross-subsidy. In contrast, using powers under the Asylum and
Immigration (Treatment of Claimants etc.) Act 2004, these Regulations
set over-cost charges for work permits and applications for leave
to remain, setting some at more than double the current charge.
The Home Office state that the excess will be used in part to
meet the costs of providing an appeals system for applicants who
seek leave to remain in the UK, as well as for enforcement and
long-term investment in improving service delivery.
These Regulations are drawn to the special attention
of the House on the ground that they give rise to issues of public
policy likely to be of interest to the House.
1. The Home Office have laid these regulations
under section 42 of the Asylum and Immigration (Treatment of Claimants
etc.) Act 2004 and sections 51 and 52 of the Immigration, Asylum
and Nationality Act 2006, together with an Explanatory Memorandum
(EM) and Regulatory Impact Assessment (RIA).
2. These Regulations were laid on 15 March and
the Government have asked us to expedite their consideration so
that they can be debated in and approved by the House on 26 March,
in time to be brought into effect for the start of the new financial
year: in our view poor planning by the Home Office.
3. The Regulations specify the fees for some
of the applications and services set out in the Immigration and
Nationality (Fees) Order 2007 (SI 2007/807), in particular work
permits and applications for leave to remain. They also provide
for exceptions in respect of such fees and the consequences of
failing to pay them.
4. Normal HM Treasury rules[1]
require Departmental charges to make full recovery of the costs
of the service that is being received by the individual, but no
more: they do not permit any cross-subsidy. In contrast, section
42 of the 2004 Act permits the Secretary of State to set a charge
that exceeds the costs incurred. The table at paragraph 3 of the
EM lists the new fees, some of which are more than double the
current charge. The education sector has expressed concern that
the high fees will make UK institutions less attractive to overseas
students. The RIA explains that the new charges are largely based
on what the applicants are willing to pay, rather than the cost
of providing the service. The excess will be used, amongst other
things, to meet the costs of providing an appeals system for applicants
who seek leave to remain in the UK, as well as enforcement and
long-term investment in improving service delivery. This is the
first use of the power and is drawn to the special attention of
the House as it gives rise to issues of public policy likely to
be of interest to the House.
B. Vehicle Drivers (Certificates of Professional
Competence) Regulations 2007(SI 2007/605)
Summary: These Regulations implement a European
Directive which introduces a new driving test and training requirements
for all professional drivers of lorries and buses. With some exceptions
for volunteers, all professional drivers will have to pass an
initial Certificate of Professional Competence (CPC) test, valid
for 5 years, and after that provide evidence that they have undertaken
35 hours of relevant training every five years. All HGV and bus
drivers will be required to carry a Driver Qualification Card
to prove that they have met the training requirement.
These Regulations are drawn to the special attention
of the House on the ground that they give rise to issues of public
policy likely to be of interest to the House.
5. The Department for Transport (DfT) have laid
these Regulations under section 2(2) of the European Communities
Act 1972 and sections 101 of the Road Traffic Act 1988, together
with an Explanatory Memorandum (EM), a Regulatory Impact Assessment
(RIA) and a Transposition Note (TN).
6. These Regulations implement Directive 2003/59/EC
on the initial qualification and periodic training of drivers
of certain road vehicles for the carriage of goods or passengers.
The Directive introduces a Driver Certificate of Professional
Competence (CPC) across the EU. With some exceptions, all professional
drivers of lorries and buses must pass an initial CPC test, valid
for 5 years, and after that provide evidence that they have undertaken
35 hours of relevant training every five years. Drivers will be
required to carry a Driver Qualification card to prove that they
have met the training requirement.
7. Under the Regulations, those with full licences
for the vehicles concerned on the relevant implementation date
will have acquired rights and will be exempt from having to obtain
an initial CPC, but they will still need to undertake the 35 hours'
training over each five year period. The initial qualification
will affect all new drivers wishing to take up the occupation
of passenger transport driver from September 2008 and road freight
driver from September 2009 (currently around 55,000 new drivers
annually). Existing PCV and LGV drivers will need to complete
the 35 hours periodic training by 2013 and 2014 respectively (affecting
around 599,000 existing drivers).
8. The focus of the new test and supplemental
training will be on safe and fuel-efficient driving. Although
the training will be costly for the industry, it is expected that
there will be offsetting benefits from the reduction in accidents
and the increase in fuel economy.
9. The RIA states that police, Vehicle and Operator
Services Agency (VOSA), and Traffic Commissioners will carry out
enforcement activity in the same way as they currently do for
other road traffic offences. Sanctions for driving without a valid
CPC will be aligned to others imposed for failing to drive in
accordance with the terms of a driving licence. Employers who
cause or encourage driving without the relevant CPC could have
their operator licence amended or revoked. However, it appears
that the heaviest sanction for driving without having met the
necessary requirements is likely to be levied by the insurance
companies.
10. Charities, voluntary organisations and local
authorities should be largely unaffected by the Directive, provided
driving the vehicle is not the driver's principal activity. For
example, if a volunteer is transporting equipment for the scouts
or brownies, but has a day job e.g. as a plumber or office worker,
he or she should be exempt.
C. Criminal Justice Act 2003 (Surcharge) Order
2007 (SI 2007/707)
Summary: Section 161 of the Criminal Justice Act
2003 will come into effect on 1 April 2007 and will require courts
to levy a "victims' surcharge" on top of specified fines
and penalty notices. This Order prescribes cases in which the
court's duty to order the payment of a surcharge does not apply,
and sets the amount of the surcharge at £15. Due to the current
limitations of computer systems the surcharge may not be fully
implemented for some time and the House may wish to ask why the
Government's plans were not more closely aligned to what current
systems are capable of delivering.
This Order is drawn to the special attention of
the House on the ground that it gives rise to issues of public
policy likely to be of interest to the House.
11. The Home Office have laid this Order under
section 161 of the Criminal Justice Act 2003 together with an
Explanatory Memorandum (EM).
12. Section 161 of the Act will come into effect
on 1 April 2007 and will require courts to levy a "victims'
surcharge" on top of specified fines and penalty notices.
This Order prescribes cases in which the court's duty to order
the payment of a surcharge does not apply, and sets the amount
of the surcharge at £15.
13. The revenue from the surcharge, anticipated
to be about £16m net, will be taken into the Consolidated
Fund, but will be ring-fenced administratively to ensure that
the money is used to support services for victims of crime and
witnesses. The Minister is expected to announce the allocation
of these funds shortly. This surcharge is separate from, and additional
to, any compensation which an offender is ordered to pay, under
a compensation order, to an individual victim whom he has injured
or harmed.
14. During Parliamentary consideration,[2]
Ministers indicated that the surcharge was likely to range from
£5 to £10 (on penalty notices for disorder and fixed
penalty notices), £15 on fines of up to £1,000, to £30
(for fines above £1,000 and community penalties and custodial
sentences). However this remit cannot currently be fulfilled because
of several factors:
- the surcharges on penalty notices for disorderly
behaviour and fixed penalty notices for repeated road traffic
offences are not being brought into force for the time being,
because it will not be possible to collect and account for the
surcharge on these notices until a new computer system, PentiP
(Penalty Ticket Processing), comes on stream: this is unlikely
to be before 2009;
- it will not be possible to collect the surcharge
on all convictions in the courts until a substantial upgrade has
been made to the computer system ('Libra') used by the Department
for Constitutional Affairs (DCA) to collect and account for financial
penalties imposed by the courts. Until then the surcharge will
be paid into DCA's Fines Revenue Accounts and the appropriate
proportion transferred. That means that it is not currently possible
to collect and account for the surcharge on non-fine sentences
with sufficient accuracy to satisfy Government audit;
- the surcharge has been set at a flat rate of
£15. It will not be feasible to set a different rate for
fines above £1,000 before the DCA computer system is upgraded.
The EM states that in 2005 figures show that only 0.3% of fines
were over £1,000, and so the loss is not significant.
15. The House will be interested to note the
"victims' surcharge" being brought into effect but,
due to the limitations of the current computer systems, the surcharge
may not be fully implemented for some time. The House may therefore
wish to ask why the Government's plans are not more closely aligned
to what current systems are capable of delivering.
D. Water Resources Management Plan Regulations
2007 (SI 2007/727)
Summary: These Regulations set out the steps that
a water undertaker must follow with respect to publication of,
and consultation on, water resources management plans. They result
from the Government's commitment to strengthen water resource
management and to introduce greater transparency into water companies'
planning processes
These Regulations are drawn to the special attention
of the House on the ground that they give rise to issues of public
policy likely to be of interest to the House.
16. The Department for Environment, Food and
Rural Affairs (DEFRA), and the National Assembly for Wales, have
made these Regulations under sections 37B(3)(a) and (c),(5), (6)
and (8)(a), 213(2)(e) and (f) and 219 of the Water Industry Act
1991. An Explanatory Memorandum (EM) and a Regulatory Impact Assessment
(RIA) have also been provided.
17. From April of this year, statutory water
undertakers will be under a duty to prepare and publish water
resources management plans ("WRM plans"). The EM states
that the Regulations set out the steps that a water undertaker
must follow with respect to publication of, and consultation on,
a draft WRM plan, and the publication of its final WRM plan. It
allows the Secretary of State (or the National Assembly for Wales)
to hold a hearing or inquiry into a draft WRM plan.
18. The EM states that "water companies
take around 40% of abstracted water to provide the public water
supply. Proper water company water resources management planning
is therefore vital to take account of the impact of events such
as demographic and climate change on the future availability of
water. The general public, environmental non-governmental organisations
and those local councils who are responsible for planning controls
all have an interest in the ability of water companies to continue
to supply adequate quantities of water. As a result of this instrument
there will be, for the first time, transparency in how companies
plan to fulfil their duty to maintain customers with a supply
of water and achieve an appropriate balance between the essential
needs of the public water supply and the environment, by ensuring
a wide consultation on draft water resources management plans."
19. The EM explains that, in January 2006, the
Government carried out consultation on their proposals for secondary
legislation on WRM plan preparation. It states that each of the
main questions in the consultation paper were supported by a majority
of consultees' support ranged from approximately 75% to nearly
100%. DEFRA have published a summary of the consultation responses.[3]
20. The House has taken a close interest in issues
of water resources. For example, on 30 March 2006 the House held
a debate on water supplies,[4]
in which a number of Members expressed concern about the adequacy
of measures taken by the Government, and by bodies with statutory
responsibilities for water resources, to ensure that water supplies
were protected and, as necessary, enhanced in the face of growing
demands in our society.
21. In responding for the Government to this
concern, Lord Bach referred to long-term water resources planning
and mains water supply, and foreshadowed the changes which are
proposed in these Regulations:
"… under the [Water Act 2003] the provision
of water resources management plans are to become a statutory
requirement, although there will be an opportunity for the public
and stakeholder groups to have their say. A consultation on proposed
regulations is in progress. Water resource plans are intended
to evolve in response to further and better information as it
becomes available on the implications not only of climate change,
but in relation to demographic change and increased pressure on
housing …They should also reflect the Government's twin-track
approach to managing water resources, which is based on, first,
demand management and, secondly, developing sustainable resources
where needed. We believe that demand management, including water
efficiencies, should be fully explored and should be at the centre
of water resource plans."[5]
22. We believe that the House will be interested
to see that, in making these Regulations, the Government are acting
on their commitment to strengthen water resource management and
to introduce greater transparency into water companies' planning
processes.
1 See HM Treasury Fees and Charges Guide. Back
2
Commons Standing Committee E; Hansard, 1 July 2004; Col 294 and
- Lords Consideration of Commons Amendments; Hansard, 2 November
2004; Cols 217- 8
Back
3
http://www.defra.gov.uk/corporate/consult/wrmr/responses-summary.pdf
Back
4
HL Deb, 30 March 2006, cols 862 to 889. Back
5
HL Deb, 30 March 2006, col 884 Back
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