Twenty Fourth Report Contents

Instruments of interest

Draft Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019

16.The Criminal Injuries Compensation Scheme has operated since 1964 and exists to compensate victims of violent crime in Great Britain (Northern Ireland has its own separate scheme). The Scheme provides for awards based upon a tariff of serious physical and mental injuries, and there is a two-year time limit on making claims. In a judgment on 24 July 2018, the Court of Appeal for England and Wales found that the pre-1979 rule, that applicants were not entitled to compensation if they were living with their assailant at the time of the incident, constituted a breach of the appellant’s human rights. (The rule was altered in 1979 to apply only to adults who continued to live with their attacker). These amendments will enable victims of violent crimes from 1 August 1964 to 1 October 1979, particularly those physically or sexually abused as minors, to submit an initial application or to resubmit an application that was previously refused under the pre-1979 rule. The Impact Assessment (IA) (paragraph 64) acknowledges that “[t]here is a great deal of uncertainty” about “the potential size of the population of individuals who are now eligible to apply for compensation”. Four scenarios are provided for, which estimate the number of applications, over a 10-year period, as ranging from 5,200 to 9,200 (including 4,000 previous applicants who had been refused under the pre-1979 rule) (Table 1 of page 6 of the IA). These amendments respond to the judgment, but a wider review of the Scheme is already in progress, looking, among other things, at concerns around the eligibility rules, the definition of ‘violent crime’, and the type of injuries that are covered.1 The Ministry of Justice states that the review’s findings will inform proposals that will be put out for public consultation later in 2019.

Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019 (SI 2019/670)

17.Current legislation prohibits the use of goods vehicles on roads in Great Britain for business purposes except under a licence. However, the Secretary of State can make regulations modifying that requirement. In order to give effect to agreements with several countries in eastern Europe and the Balkans, this instrument exempts operators established in Serbia, Bosnia and Herzegovina, Kosovo, and Montenegro from the requirement to possess a UK operator’s licence when their goods vehicles are used temporarily in the UK to carry goods on international journeys, without the need for them to hold a valid permit issued by the UK Government. This instrument also enables a goods vehicle from Belarus or Kazakhstan to carry goods in the UK without the haulier needing to possess a UK operator’s licence, provided they have one issued in their own country and provided they have a valid permit.2 In addition, it also removes the need for Ukrainian goods vehicles with Euro V and VI engines to carry permits when travelling to the UK, and ensures that goods vehicles from Norway, Iceland and Liechtenstein will continue to be able to enter the UK without the need for a permit.

18.The Department for Transport explains in the Explanatory Memorandum laid with this instrument that:

“A few UK hauliers may benefit from a small cost reduction by avoiding the fee for permits to visit Serbia. There is likely to be a positive effect on trade with Serbia, but this is relatively small and difficult to estimate. There should be similar positive effects on trade with Ukraine from reducing the permit requirements. Given the distances involved, there is minimal trade with Kazakhstan, Montenegro, Bosnia and Herzegovina and Kosovo so we would estimate a low impact. Having regularised the relationship with Belarus we expect to see an increase in freight movements but this is again difficult to quantify. The position for Iceland, Liechtenstein and Norway is maintained.”

Tax Credits and Child Trust Funds (Amendment) (EU Exit) Regulations 2019 (SI 2019/713)

19.The Government of the UK and the Government of Ireland entered into a Convention on Social Security, which was signed in Dublin on 1 February 2019 (“the Reciprocal agreement”). The Reciprocal agreement establishes reciprocal arrangements in the field of social security in the event that the UK leaves the EU with no deal, and will maintain the social security coordination arrangements between the two countries, which are currently provided for under EU law. These Regulations, laid by HM Revenue and Customs, provide for UK nationals residing in Ireland, and Irish citizens residing in the UK, the right to access Working Tax Credit and Child Tax Credit and maintain the current arrangements on tax credits for UK nationals in Ireland and Irish citizens in the UK in a ‘no deal’ scenario. They set out which country is primarily responsible for the payment of family benefits and any payment of a supplement where applicable.

Merchant Shipping (Maritime Labour Convention) (Extension of Maritime Labour Certificate) (Amendment) Regulations 2019 (SI 2019/716)

20.These Regulations, laid by the Department for Transport, implement mandatory amendments which were made to the International Labour Organisation’s (ILO) Maritime Labour Convention, 2006 (“the MLC”) in 2016. They came into force internationally on 8 January 2019 and the Maritime and Coastguard Agency (MCA) has explained that “the Government has sought to implement these changes as soon as possible after the date that they came into force internationally.” The Regulations allow a certifying authority of the UK to extend the period of validity of a Maritime Labour Certificate3 by up to five months where a renewal survey has been completed but a new Certificate cannot be immediately issued and made available on board the ship.

21.The Explanatory Memorandum laid with the instrument explains that:

“The provisions were developed and agreed by the ILO’s Special Tripartite Committee on the MLC at which UK shipowners and seafarer unions were represented. UK implementation has also been discussed with the MCA’s Tripartite Working Group on the MLC. In addition, a short public consultation was held from 20 to 27 March 2019 … This was considered proportionate to the limited impact of the instrument, taking into account the prior discussions with those affected. Two responses were received, both supporting making the instrument. One response made some comments on the supporting guidance, which has been amended to take account of those comments.”

1 Department for Justice, ‘Review terms of reference’ (18 December 2018): [accessed 9 April 2019].

2 They may also not need a UK operator’s licence if they fall within one of the exemptions specified in Schedule 2 of Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 (S.I. 1996/2186) which specifies a list of items such as works of art, antiques, fish stock and corpses.  If a goods vehicle from Belarus or Kazakhstan is carrying these items only, they do not need a permit.

3 The Maritime Labour Certificate is a mandatory document of compliance issued to a ship by a flag state surveyor when it has successfully completed a Maritime Labour Convention (MLC) survey. The purpose of the Certificate is to provide documentary proof that the ship has passed an MLC survey and is compliant with the standards of the MLC. The Certificate must be kept onboard the ship at all times. It must be made available on request to Port State Control inspectors and should also be available to the seafarers working on board the ship. Issuing Certificates is a requirement of the MLC. All countries that have ratified the MLC issue these Certificates to their ships.

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