Instruments of interest
Draft Renewable Transport Fuel Obligations (Amendment) Order 2021
41.Renewable fuels are typically more expensive to supply per litre than fossil fuels, so the Renewable Transport Fuel Obligations Order 200721 (the RTFO Order) began a system of setting annual obligations on fuel suppliers. Those suppliers who meet or exceed the obligations acquire Renewable Transport Fuel Certificates (RTFCs), the trading of which provides a financial incentive. This instrument extends this financial incentive to suppliers of renewable hydrogen used in fuel cell rail and non-road transports22 and to renewable fuels of non-biological origin used in maritime transport. The instrument also increases the RTFO obligation by a total of five percentage points in the period up to 2032, and updates the sustainability and greenhouse gas emissions criteria that renewable fuels must meet to receive RTFCs. It also links with the instrument which introduced E 10 petrol.23
42.We originally considered this instrument as a published draft under Schedule 8 to the European (Withdrawal) Act 2018. Although we made no specific comments, we note from the Minister’s explanatory statement that several comments were received from the industry and that the Order has been amended and improved as a result. 24
Draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.3) Order 2021
43.This Order will amend Schedule 2 to the Terrorism Act 2000 to proscribe Harakat al Muqawama al-Islamiyya (Hamas) in its entirety. It is a criminal offence to belong to or invite support for a proscribed organisation The Home Office states that Hamas is a militant Islamist movement, established in 1987, with the main aims of liberating Palestine from Israeli occupation, establishing an Islamic state under Sharia law and the destruction of Israel (although Hamas no longer demands the destruction of Israel in its Covenant). Its ideology is related to that of the Muslim Brotherhood combined with Palestinian nationalism.
44.Having taken advice from the cross-Government Proscription Review Group, the Explanatory Memorandum states that the Home Secretary now assesses that the distinction previously made between the militant wing, Hamas Izz al-Din al-Qassem Brigades (Hamas IDQ), and the political wing of Hamas is artificial, and cites evidence that Hamas commits and participates in terrorism, including incendiary and rocket attacks on Israel and running terrorist training camps in Gaza.
45.We asked whether UK charities in the area could still continue to operate under these conditions. The Home Office advised that there is recently published guidance to help NGOs operating overseas in high-risk jurisdictions to comply with the counter-terrorism legislative framework and sanctions regime.25
Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021(SI 2021/1224)
46.The Department for Work and Pensions (DWP) states that only those in receipt of new-style (contributory) employment and support allowance (NS ESA) who have already been determined to have Low Capability for Work before they start an educational course should be considered for continued benefits. This is because the policy intention is to reduce, or end, reliance on Universal Credit by helping claimants to improve their prospects for work.
47.Students cannot normally qualify for Universal Credit, but, until now, a student with a disability could make a new claim to NS ESA and, if assessed to have Low Capability for Work, could be paid Universal Credit. DWP acknowledges that closing this loophole means that similar individuals may be treated differently and certain disabled students may receive more money than their peers as a result. DWP argues that the government provide educational loans and grants for students, which include additional support, such as the Disabled Students Allowance, for extra needs arising from a disability.
48.This is a complex concept and was poorly explained in the Explanatory Memorandum, which DWP has replaced at our request. The change will apply to any new claim for NS ESA made after 15 December when these Regulations come into effect.
Occupational and Personal Pension Schemes (Conditions for Transfers) Regulations 2021 (SI 2021/1237)
49.These Regulations implement section 125 of the Pension Schemes Act 2021, which aims to protect pension scheme members from scams, and attracted interest in both Houses when debated. With effect from 30 November, the Regulations place new duties on pension scheme trustees if the member seeks to transfer their accrued benefits to another pension scheme. The first stage is a simple check of whether the receiving scheme is of an approved type such as a money purchase scheme or Master Trust. Schemes that do not meet those criteria must be considered for red or amber flags: transfers with a red flag may not proceed, those with an amber flag may only proceed if the member takes independent advice from the Money and Pension Service.
50.The conditions are set out in more detail in a very clear and comprehensive Explanatory Memorandum. The Department for Work and Pensions states that there was strong support for these measures from those who responded to the consultation exercise, but the Department has also publicly committed to review the Regulations within 18 months to ensure they remain effective in targeting the evolving methods used by scammers.
Football Spectators (Seating) Order 2021 (SI 2021/1239)
51.This Order allows five specified football clubs to admit spectators to their home grounds to watch designated football matches whilst standing, provided certain conditions are satisfied, in areas where the seating has been adapted through the use of barriers to reduce the safety risk. The five clubs are Cardiff City, Chelsea, Manchester City, Manchester United and Tottenham Hotspur. The Department for Digital, Culture, Media and Sport (DCMS) says that following the 1989 Hillsborough Stadium disaster, an “all-seater policy” has been in place in the top two divisions of English football since August 1994, but that under the supervision of the Sports Grounds Safety Authority (SGSA) major structural improvements have made football grounds much safer for spectators. DCMS adds that despite the all-seater policy, there have been issues with persistent standing, leading to safety risks, such as injury, customer care issues in relation to disabled or young spectators, and crowd management, including the risk of conflict between fans and stewards who attempt to enforce the all-seater policy.
52.A recent review26 by the SGSA concluded that installing barriers has positive effects on spectator behaviour, and that establishing licensed standing areas would help to mitigate the risk of “progressive crowd collapse”27 and associated risks to safety from persistent standing in conventional seating areas. This instrument enables an ‘Early Adopters Programme’ to test how successful licensed standing areas can be as a strategy to manage persistent standing across several different football grounds with varying challenges before any commitment is made to a substantive policy change and wider rollout. DCMS says that to accommodate the needs of disabled and young spectators, the licence condition for standing areas “mandates that the viewing enjoyment of all fans, including those with access needs, be maintained”. The ‘Early Adopters’ programme will be implemented in the second half of the 2021–22 football season, between 1 January and 31 July 2022. An independent evaluation of the programme will be published in summer 2022.
21 Renewable Transport Fuel Obligations Order 2007 (SI 2007/3072).
22 Only hydrogen from renewable sources is eligible for this scheme, that is hydrogen produced using wind or solar power, or from biomethane. The calculation takes into account all greenhouse gas emissions associated with the production of the fuel which must also achieve a carbon saving lower than the fossil fuels it replaces.
23 SLSC, 11th Report (Session 2021–2022, HL Paper 52), para 43–59.
24 See Part 2 of the Explanatory Memorandum.
25 Home Office, ‘For information note: operating within counter-terrorism legislation, counter-terrorism sanctions and export control’ (updated 11 October 2021): https://www.gov.uk/government/publications/operating-within-counter-terrorism-legislation/for-information-note-operating-within-counter-terrorism-legislation [accessed 24 November 2021].
26 Sports Ground Safety Authority, The Safe Management of Persistent Standing in Seated Areas at Football Stadia (June 2021): https://sgsa.org.uk/wp-content/uploads/2021/06/The-management-of-persistent-standing-Final-report.pdf [accessed 24 November 2021].
27 This occurs where a spectator is pushed forward due to force exerted by a spectator on the row behind, creating a domino effect of spectators in at least three rows falling down on top of each other.