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Review of House of Lords investigative and scrutiny committee activity in 2021–22 Contents

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Introduction

78.The expansion of special inquiry committee activity in 2012 followed a recommendation by this Committee and the introduction of post-legislative scrutiny.148 A key driver for this change was to enable more members of the House to participate in committee work, as special inquiries typically last for about a year, in contrast to sessional committees. Ten years later, special inquiry committees have become a distinctive feature of House of Lords scrutiny.

Adult Social Care Committee

79.The Adult Social Care Committee was appointed in January 2022 to consider the planning for, and delivery of, adult social care services in England.149

80.By the end of the 2021–22 session, the Committee had held two private seminars and six public evidence sessions. The Committee had heard from witnesses, including officials from the Department for Health and Social Care, other organisations undertaking work on adult social care, such as the All-Party Parliamentary Group on Adult Social Care and the Archbishops’ Commission on Reimagining Care, as well as two panels of experts by experience—individuals drawing on adult social care and unpaid carers.

81.The Committee hopes to ensure that the voices of those who draw on adult social care, and unpaid carers, are heard throughout its programme of oral evidence, as well as through outreach and engagement activities. The Committee intends to use outreach and engagement activities to engage with diverse groups and communities, and to do so through an outreach approach—where the Committee goes out to visit people with lived experience, rather than just inviting them to come to the Committee.

82.The Committee has issued a call for evidence,150 with a particular focus on hearing the views of experts by experience and people with different backgrounds, views and experiences.

Children and Families Act 2014 Committee

83.The Committee was appointed in January 2022 with a remit to consider the Children and Families Act 2014 and report by the end of November 2022.151

84.The Act is wide-ranging and cuts across the work of several government departments. Policy areas covered include adoption, family justice, special educational needs and disabilities, childcare, child welfare, and flexible working and shared parental leave. Apart from Part 3—on special educational needs and disabilities—the Committee’s inquiry is the first detailed post-legislative scrutiny it has received.

85.By the end of the 2021–22 session the Committee had held eight public evidence sessions on adoption and family justice. Witnesses included civil servants from the Department for Education and Ministry of Justice, academics, lawyers, and an adoptive father who produces blogs and podcasts on adoption. The Committee also received more than 100 written evidence submissions, including a post-legislative scrutiny memorandum. The Chair wrote to the Government with a series of detailed follow-up questions, to which the Government responded.152

86.The Committee plans to continue taking oral evidence until September, including conducting a programme of visits and public engagement events in different parts of the country to hear from those whose lives have been directly affected by the Act’s reforms. The final evidence session is expected to be with ministers from the Department for Education, the Ministry of Justice, and the Department for Business, Energy and Industrial Strategy.

Common Frameworks Committee

87.Common frameworks are informal agreements by means of which the UK Government and the devolved Governments are seeking to ensure coordination in the regulation of the UK’s internal market post-Brexit.

88.The Common Frameworks Scrutiny Committee was appointed in September 2020 to “scrutinise and consider matters relating to common frameworks.” until the end of 2019–21 parliamentary session.153 Following slippage in the Government’s timetable for agreeing common frameworks, and in response to representations from the Committee’s Chair, Baroness Andrews, the Liaison Committee recommended that the Common Frameworks Scrutiny Committee be extended to complete its work by the end of 2021.154 A second extension to the end of July 2022 was agreed in October 2021.155

89.The Committee published its first report in March 2021156 and the Government’s response was received in May 2021.157 The Committee welcomed the Government’s response as broadly positive and constructive but entered into correspondence on matters requiring further clarity. These included the intersections between common frameworks and the Protocol on Ireland/ Northern Ireland, the lack of stakeholder consultation on the common frameworks programme and the timetable for the publication of the outstanding common frameworks.158

90.Following the publication of its first report, the Committee scrutinised and sent recommendations to the Government on 19 provisional common frameworks. This included analysis of the relationship between common frameworks and wider related matters such as the UK Internal Market Act 2020, the Protocol on Ireland/ Northern Ireland, intergovernmental relations, and the Subsidy Control Bill. The Committee has held 14 oral evidence sessions and received 11 written evidence submissions. The Committee expects to publish a further and final report in July 2022.

COVID-19 Committee

91.In April 2021, the COVID-19 Committee began a short inquiry into the long-term impact of the pandemic on parents and families. During the inquiry, the Committee heard evidence from a range of charities, representing single parents, working parents, women, and families experiencing poverty, disadvantage, and social isolation. In June 2021, the Committee sent a letter to the then Minister for Children and Families, Vicky Ford MP, outlining its concerns about the impact of the pandemic on children and families.159

92.In May 2021 the Committee launched an inquiry to explore the long-term impact of the pandemic on larger towns and smaller cities. The inquiry focussed on the impact on housing and green spaces, the changing nature of employment, public transport, and the resulting impact on inequality. The Committee heard evidence from local leaders representing the whole of the UK, including the leaders of Bradford Council, Great Yarmouth Council, Highland Council, Luton Council, Swansea Council, Winchester Council and the Mayor of Lisburn and Castlereagh.160 In December 2021, the Committee published its report, setting out a range of recommendations to empower local authority leaders, regenerate towns and cities, and putting tackling inequalities at the heart of this regeneration.161

93.Before the Committee came to an end in November 2021, it decided to bring together all its work to produce a legacy report. The legacy report emphasised the importance of improving resilience and preparedness, for a volatile and uncertain future, in light of the lessons learnt from the COVID-19 pandemic. The Committee recommended that there was a need to reset the State to learn lessons from the pandemic, respond to changes created by the pandemic, and respond to the broader changes of the era, which have been accelerated and accentuated by the pandemic. The Committee went on to suggest that there should be three elements to the resetting of the State—a new approach to resilience, a new emphasis on governing for the long-term, and a new focus on wellbeing. The legacy report, published in March 2022, also summarised the main findings from the Committee’s three previous inquiries on digital technology, children and families, and towns and cities.162

Fraud Act 2006 and Digital Fraud Committee

94.The Fraud Act 2006 and Digital Fraud Committee was appointed on 19 January 2022 to “consider the Fraud Act 2006 and digital fraud, and to make recommendations”.163

95.Fraud is the most commonly experienced crime in England and Wales today, accounting for approximately 42% of all crime against individuals.164 The latest figures from the City of London Police show that between 1 January 2021 and 1 January 2022 there were 416,414 reports of fraud totalling a loss of £2.4 billion. 86% of reports were from individuals, with the remaining 14% from businesses. 59% of reports were reported as cyber-enabled.165 The COVID-19 pandemic has had a significant impact on instances of fraud. UK Finance found that “the pandemic environment has provided rich pickings for fraudsters, in the form of new-to-digital consumers, heightened vulnerabilities and anxieties, as well as new channels to exploit.”166 A core theme for the Committee is investigating what policies could be implemented to disrupt the digitised business model of fraudsters targeting UK consumers.

96.The Committee published its call for evidence on 8 March 2022.167 The Committee started taking oral evidence under the thematic heading of ‘disrupting the business model of fraud’. The evidence gathering started with a session with Euan Neil, Head of Fraud Pursue and Law Enforcement, and Duncan Tessier, Economic Crime Director, both from the Home Office, and Alice Adamson, Director for Victims and Vulnerability Policy in the Ministry of Justice.168 The Committee held a background evidence session with representatives from UK Finance, Cifas and the Fraud Advisory Panel.169 The Committee also spoke with Lord Agnew of Oulton about his recent ministerial experience in relation to COVID-19 bounce-back loan schemes.170 The inquiry then transferred into evidence sessions relating to different sectors. Sessions were held with representatives of the financial and telecommunications sectors and experts on online regulation. The Committee also heard from experts in cybersecurity as well as David Pitt, CEO of Pay.uk,171 and other experts in payment services and the use of cryptocurrency in fraud. The final session held by the Committee before the 2022 Easter recess covered the policing response to Fraud.

97.On 28 February 2022, the Chair, Baroness Morgan of Cotes, spoke to BBC Radio 4’s ‘Today in Parliament’ programme, providing an overview of the inquiry.172 On 24 March 2022, Baroness Morgan also spoke to the House of Lords Podcast about the need for the Committee to hear evidence from those who had been victims of crime.173 On 7 April 2022, the Committee spoke to the comedian, Joe Lycett, about his counter-fraud TV show, ‘Joe Lycett’s Got Your Back’.174 The evidence session gained significant media coverage with 11,700 interactions with the Committee’s publicity on Twitter.

98.The Fraud Act 2006 and Digital Fraud Committee is continuing its investigation by focussing on the post-legislative scrutiny nature of its inquiry. The Members will be placing the Fraud Act 2006, and other relevant legislation, under the microscope to ensure that fraud of the future is mitigated by thorough judicial processes. The inquiry will conclude with sessions with statutory, policing, and regulatory bodies. The last session will be held on 30 June with Ministerial appearances from the Home Office and Ministry of Justice.

Land Use in England Committee

99.The Land Use in England Committee was appointed on 26 January 2022.175 By the end of the 2021–22 session the Committee had held nine oral evidence sessions, with witnesses including officials from the Department of Environment, Food and Rural Affairs; the Environment Agency; the National Farmers’ Union; the Forestry Commission; and RSPB.176 The Committee also held a roundtable discussion with practitioners involved in land use, including farmers, foresters, and nature specialists.

100.The Committee published a call for evidence on 16 March177, which closed on 26 April. Themes covered included current and future challenges for land use; the key drivers of change in land use; farming and environmental land management schemes; nature and biodiversity; and the land use planning system.

101.The Committee intends to undertake further evidence gathering with key organisations and individuals involved with land use in England.

National Plan for Sport and Recreation Committee

102.The Committee had been appointed on 15 October 2020 “to consider the effectiveness of current sport and recreation policies and initiatives, and the case for a national plan for sport and recreation”.178 The Committee took evidence from December 2020 until July 2021, and published its report, A national plan for sport, health and wellbeing on 10 December 2021.179

103.The Committee heard from 76 witnesses in public evidence sessions and received 163 written submissions. It also held a series of virtual roundtable sessions with grassroots organisations, schoolteachers, school students and disabled young adults, to hear from those organising and participating in sport and physical activity. Members also held an informative private meeting with the CEOs of national governing bodies and sector experts.

104.Early in the inquiry, the Committee moved from an emphasis on sport to consider a wider range of themes related to physical activity, including health, wellbeing, and active lifestyles. The report’s overarching recommendation was that a national plan for sport, health and wellbeing should be implemented and that it should cover a cross-section of policy areas including, but not limited to, health, planning, transport, environment, and education. The report also called for a new ministerial role responsible for sport, health, and wellbeing to sit in the Department for Health and Social Care (DHSC) and for sport policy to move from the Department for Digital, Culture, Media and Sport (DCMS) to DHSC. The report set out principles that should underpin the national plan: physical literacy, welcoming and inclusive participation, tackling health inequalities, behaviour change, and sport for development.

105.The report considered youth sport and recommended that physical education (PE) was made a core subject on the national curriculum. The inquiry also looked at duty of care and safeguarding in sport and physical activity, and called on the Government to implement the outstanding recommendations made in the Independent Review on Duty of Care in Sport, prioritising the establishment of an independent sports ombudsman.180 The report also recommended the introduction of mandatory reporting in sport and recreation settings.

106.Following publication, the Committee’s report attracted positive press coverage, including articles published in The Times181, The Guardian182 and The Daily Telegraph.183 It also received broadcast coverage on BBC Radio 4’s The Today programme and on the Sky News children’s news programme, FYI184, which featured the work of the Committee and the House of Lords. The infographic used on the Committee’s Twitter account received over 5,300 views.185

107.The Government published its response to the report on 11 February 2022.186 The response stated that the Government “agrees with the Committee’s overarching recommendation on a need for a new ambitious national plan for sport” and that “sport, health and wellbeing are closely linked and that any Government strategy should reflect those links.” The forthcoming revised sport strategy, to be published by DCMS in 2022, presents a further opportunity for the Government to consider the recommendations made by the Committee.

Risk Assessment and Risk Planning Committee

108.The Risk Assessment and Risk Planning Committee published its report Preparing for Extreme Risks: Building a Resilient Society on 3 December 2021.187 The Committee received the Government response on 17 March 2022.188

109.The Cabinet Office’s response was overwhelmingly positive with regards to the Committee’s recommendations and conclusions. All but two of the recommendations were accepted either in full or in principle. The Government rejected two recommendations relating to the mandatory declaration of near-miss events by those running elements of the UK’s Critical National Infrastructure and the Committee’s assertion that volunteers used by the Government as part of their voluntary resilience force should be renumerated for their time.

110.The former Chair of the Committee, Lord Arbuthnot of Edrom and former Committee Member, Lord Browne of Ladyton, met the Minister for the Cabinet Office, Rt Hon. Michael Ellis QC, to discuss the report and on-going engagement on the issue of resilience. The meeting reflected the constructive cooperation sustained throughout the inquiry between the Committee and the Cabinet Office. The Minister reinforced his thanks for the Committee’s work and agreed to ongoing dialogue with ex-Members of the Committee in a personal capacity.

Youth Unemployment Committee

111.During the 2021–22 session the Youth Unemployment Committee concluded its inquiry and published its report, Skills for Every Young Person.189 Among other recommendations, the report called for a national plan to tackle skills gaps; a new system of funding for further education; reform of apprenticeship funding to support young people; and the creation of an independent Young People’s Commissioner for youth aged 16 to 24.

112.The report received coverage in national outlets including the Independent190 and Financial Times191 as well as in specialist journals including FE Week192 and FE News.193 The report also received a positive response from external organisations including the Learning and Work Institute,194 the Association of Colleges,195 and the education charity voice21.196

113.The Committee’s report was the culmination of an inquiry which included 23 oral evidence sessions and for which 82 written submissions were received. The Committee also held four virtual “round table” events with young people from different regions of the country including Lancashire, the East Midlands, and Greater London, with the latter having a particular focus on young people from ethnic minority backgrounds. The Committee received particular attention for its evidence session with the then Education Recovery Commissioner Sir Kevan Collins, which received coverage in national newspapers including the Guardian197 and The Times.198

114.As well as Sir Kevan, witnesses to the Committee included the then Minister of State for Schools Rt Hon. Nick Gibb MP,199 the Minister for Employment Mims Davies MP,200 and Minister for Apprenticeships and Skills Gillian Keegan MP.201 The Committee also heard from a range of experts working in fields helping to tackle youth unemployment, including youth charities, schools and business groups.

115.The Committee’s work was cited in the House of Lords chamber during passage of the Skills and Post-16 Education Act.202 A response from the Government was published on 17 March 2022,203 while the Office for National Statistics also issued a response in January 2022.204

Equality Act 2010 and Disability Committee: Follow-up inquiry

116.The Select Committee on the Equality Act 2010 and Disability was a post-legislative scrutiny committee.205 The Committee was appointed for one year in the 2015–2016 session “to consider and report on the impact on people with disabilities of the Equality Act 2010”.206 The Committee published its report in March 2016, to which the Government responded in July 2016.207 The report was debated on 6 September 2016.208

117.The Chair of the Liaison Committee followed up the Committee’s recommendations in a letter dated 6 November 2017209 to which the then Minister for Women and Equalities, Justine Greening MP, responded on 21 December 2017.210 On 11 March 2020, the former Chair of the Select Committee on the Equality Act 2010 and Disability, Baroness Deech, wrote to the Senior Deputy Speaker to make the case for follow-up. The Liaison Committee considered the proposal and agreed that follow-up work would commence in June 2021.211

118.On 17 June 2021, four members of the former Select Committee on the Equality Act 2010 and Disability joined members of the Liaison Committee to hear evidence from 10 witnesses over four sessions.212 Two written evidence submissions were received. The Equality Act 2010: the impact on disabled people Follow-up report was published on 9 September 2021.213 It focused on three selected key themes: oversight and enforcement, reasonable adjustments and access to justice. The inquiry was the fourth to be conducted under the new follow-up procedure.214

Citizenship and Civic Engagement Committee: Follow-up inquiry

119.The Citizenship and Civic Engagement Committee was appointed on 29 June 2017 “to consider citizenship and civic engagement”.215 Its report was published on 18 April 2018. The Government response was received on 28 June 2018 and the report was debated on 19 November 2018.216

120.Lord Hodgson of Astley Abbotts, who chaired the Committee, wrote to the late Rt Hon. James Brokenshire MP, the then Secretary of State for Housing, Communities and Local Government on 3 April 2019 to follow-up on the report’s recommendations. On 31 January 2020, a further letter was written by the then Chair of the Liaison Committee, The Rt Hon. The Lord McFall of Alcluith, to Mr Brokenshire’s successor.217 Lord Greenhalgh, the then Minister of State for Building Safety and Communities, responded on 28 April 2020.218

121.Lord Hodgson wrote to the Chair of the Liaison Committee on 20 January 2021 making the case for follow-up.219 The Liaison Committee considered the proposal and agreed that follow-up work would commence in February 2022.220 The oral evidence sessions took place on 10 February 2022 when four members of the former Select Committee on Citizenship and Civic Engagement joined three members of the Liaison Committee to hear evidence from eight witnesses over three sessions.221 Five written evidence submissions were received.222

122.The Ties that Bind: Citizenship and Civic Engagement in the 21st Century Follow-up report was published on 29 March 2022.223 It focused on cross-Government coordination and strategy, citizenship education and the citizenship test (Life in the UK). The inquiry was the fifth follow-up inquiry conducted under the new procedure.224

Licensing Act 2003 Committee: Follow-up inquiry

123.This was the sixth follow-up inquiry of the Liaison Committee. The Select Committee on the Licensing Act 2003 was a post-legislative scrutiny committee appointed on 25 May 2016 to “consider and report on the Licensing Act 2003”.225 The Committee report was published on 4 April 2017226 and the Government response was received on 6 November 2017.227 The report was subsequently debated in the House on 20 December 2017.228

124.The former Chair of the Liaison Committee, the Rt Hon. the Lord McFall of Alcluith, followed up the progress made on the Committee’s recommendations in January 2019.229 The Rt Hon. Kit Malthouse MP, then Minister of State for Crime, Policing and the Fire Service, responded on 5 November 2019 and provided an update.230 On 9 April 2020, Baroness McIntosh of Pickering, the former Chair of the Select Committee on the Licensing Act 2003, wrote to Lord McFall to put forward the case for a follow-up inquiry. The Liaison Committee commenced follow-up work in March 2022 holding three evidence sessions on 10 March 2022 with nine witnesses. Four former members of the Select Committee on the Licensing Act 2003 joined the Liaison Committee to hear the evidence given. The Liaison Committee also received written evidence from several of the witnesses. The report is anticipated to be published in June 2022.

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