21.These draft Regulations propose changes to the Contracts for Difference scheme, the Government’s main mechanism for supporting low-carbon electricity generation. The changes aim to support the Government’s ambition to create an effective Carbon Capture and Storage (CCS) sector by 2030, for example, by supporting the retrofitting of existing natural gas fuelled power stations with CCS technology.
22.We do not have concerns about the proposed changes, but we found that the Explanatory Memorandum (EM) which was laid alongside the draft Regulations was not sufficiently clear: It used considerable technical jargon and did not explain some of the key concepts or technologies, so that it was difficult for a lay reader to understand what the proposed changes would mean in practice.
23.While we recognise the highly technical nature of this policy area, we note that the purpose of an EM is to provide Parliament, those affected by changes in the law and the wider public with a clear and accessible explanation of the effect of an instrument and how it is intended to operate. It is not our role to quality assure EMs; this is something that departments should do themselves, with oversight by their Senior Responsible Owner of secondary legislation. In this case, however, we found that the EM did not meet the expected standard, and we have asked the Department for Business, Energy and Industrial Strategy to revise the EM.
24.These made affirmative Regulations introduce additional trade sanctions against Russia with immediate effect. In particular they prohibit the provision of services, supply and delivery for use in Russia or by a person connected with Russia, related to:
25.In addition, this instrument introduces a new prohibition on the import, acquisition, supply and delivery of certain iron and steel products originating in or consigned from Russia.
26.We fully understand the importance of putting pressure on Russia through trade sanctions. Prohibiting the export of computing technology and equipment for oil refining is an obvious step but the Explanatory Memorandum fails to give the rationale for the luxury goods chosen, the value thresholds (for example, clothing items with a sale price of more than £250), and what goods may still be exported. When legislation is passed through Parliament at speed, it is particularly important that the policy choices it implements are very clearly explained.
27.Schedule 17 to the High Speed Rail (West Midlands - Crewe) Act 2021 Act gives local planning authorities that have signed the HS2 Phase 2a Planning Memorandum (the ‘qualifying authorities’) a greater range of controls than those planning authorities that have not: these Regulations list the qualifying authorities.
28.Due to a misinterpretation of the law, this instrument was made on 11 February 2021 and came into force on 12 February 2021 without having been laid before Parliament, despite being subject to the negative resolution procedure. The Department for Transport has written to the Lord Speaker to apologise for the error which is now being rectified by laying the instrument before the House. The Department explains that, although Phase 2a remains at an early stage, the powers of the qualifying authorities have been exercised on few occasions since this instrument came into force.
29.We note again, with concern, the Department for Transport’s continuing difficulties in conforming with normal legislative practice.
30.This instrument authorises temporarily the use of an additional rabies antibody titre test for pets (dogs, cats and ferrets) entering England. According to the Department for Environment, Food and Rural Affairs (Defra), this will speed up significantly the rabies testing process for pets entering England at a time when the system faces a significant backlog due to pets arriving with their owners fleeing from Ukraine. Defra says that the only currently used fluorescent antibody virus neutralisation (FAVN) test has a turnaround time of up to two weeks, compared with two to three days for the enzyme linked immunosorbent assay (ELISA) test that is the subject of this instrument. The Scottish and Welsh Governments have made similar regulations, while Northern Ireland remains subject to EU law.
31.Defra estimates that 1,000 to 2,000 pets might be brought into Great Britain by around 100,000 refugees from Ukraine, compared to fewer than 150 available quarantine spaces. The Department says that the use of the additional test will reduce the burden on quarantine spaces and enable people being reunited with their pets earlier, while also protecting UK biosecurity. The measure is temporary and will expire on 1 October 2022, but Defra will consider together with the devolved administrations and relevant stakeholders whether the additional test should become a permanent part of the rabies quarantine system. We question how likely it is that 100,000 refugees will have arrived in Great Britain by 1 October when the measure expires.
32.With regard to other diseases and parasites, Defra told us that dogs from Ukraine will be treated for tapeworm as legally required, that dogs and cats will be treated for ticks as necessary and that, subject to owner consent, they will also be vaccinated against diseases such as infectious canine hepatitis and feline respiratory viruses. The costs of the vaccinations and tick treatment will be met by the Government
33.This instrument ensures that households in England will not lose council tax discounts or exemptions as a consequence of hosting a sponsored individual or family under the Homes for Ukraine scheme. The measures do not extend to accommodation provided to refugees from Ukraine through other emergency visa schemes or to refugees arriving from other countries. The Department for Levelling Up, Housing and Communities says that the instrument addresses the special characteristics of the Homes for Ukraine scheme which operates on the basis of households sponsoring refugees and providing accommodation in their own home, and that there are no plans to extend the scope of the instrument. The Department notes, however, that other local council tax support schemes are available, and that local authorities have powers to offer council tax reductions on the accommodation of other refugees where they consider this appropriate. As of 12 April 2022, some 17,625 visas have been issued under the Homes for Ukraine scheme in England.11
34.Offenders subject to determinate custodial sentences may be released into the community on licence. Section 250 of the Criminal Justice Act 2003 (the 2003 Act) gives the Secretary of State powers to prescribe licence conditions for these offenders. This instrument adds an additional condition that may be included on a terrorist offender’s licence, to require such offenders to submit to a personal search by the police. That power is to be inserted into section 43c) of the Terrorism Act 2000 by section 183 of the Police, Crime, Sentencing and Courts Act Bill (the PCSC Bill) currently awaiting Royal Assent.
35.Under section 2(9) of the Police and Criminal Evidence Act 1984, the police are not permitted to require the removal of any clothing in public apart from an outer coat, jacket, or gloves during a search. New section 43c (7) of the Terrorism Act 2000, however, will also allow anything carried by the offender to be searched to allow for the identification of weapons, as well as phones which could be used to contact terrorist networks. New sections 43c (4) to (6) will allow an associated vehicle, including anything in or on it, to be searched.
36.Although the instrument itself is made under the powers of the 2003 Act, the House may wish to note that this legislation pre-empts agreement to the licence conditions in the current PCSC Bill. The Explanatory Memorandum does not provide any justification for anticipating Parliament in this way or any indication that this legislation is urgent. We regard this as poor practice.
11 Department for Levelling Up, Housing and Communities and Home Office, ‘ Homes for Ukraine sponsorship scheme – numbers of visas issued’: https://www.gov.uk/government/publications/homes-for-ukraine-sponsorship-scheme-numbers-of-visa-applications (8 April 2022) [accessed 26 April 2022].