2.This instrument transfers the functions of Health Education England (HEE) to NHS England (NHSE) and then abolishes HEE. Since 2014, HEE has been a Non-Departmental Public Body with responsibility for the planning and delivery of education and training for health care workers. The Explanatory Memorandum describes what the instrument does in quite legal terms but does not offer evidence to support the policy by setting out the costs and benefits anticipated from this transition. We have received further information from the Department of Health and Social Care which is published in Appendix 1 but despite our enquiries the information on the costs and savings from this reorganisation remains quite vague.
3.In summary: the merger is in line with a recommendation from the Public Accounts Committee1 and is intended to make the decision-making process more efficient and accountable. Having a single focus for such decisions is also intended to support partnership working with the 42 integrated care boards set up on 1 July 2022. This instrument complements the integration of NHS Digital with NHSE2 and a 30-40% reduction in the staffing by April 2024 is anticipated as a result of both transfers. This is the sort of material that we had in mind when our recent report3 recommended that impact information should be provided for significant public sector projects rather than just for those that affect business and the voluntary sector.
4.These draft Regulations propose a new statutory regime for complaints, conduct matters and death or serious injury (DSI) matters involving the Service Police, following an independent review commissioned by the Ministry of Defence (MOD).4 The MOD explains that while there are currently non-statutory complaints procedures to deal with complaints about members of the Royal Navy Police, Royal Military Police, Royal Air Force Police and the tri-service serious crime unit, there is no independent body that can carry out investigations into the most serious matters. The review found that a degree of independent oversight was missing in comparison with civilian police forces and identified potential areas of vulnerability in how the Service Police investigate allegations of domestic abuse, rape and serious sexual offences in terms of a consistency of approach and the processes used by the Service Police. The new statutory system seeks to address these issues and secure confidence in the system.
5.Under the proposed regime, which is modelled on the system in place for civilian police in England and Wales, a new independent Service Police Complaints Commissioner (SPCC) will have oversight and be able to investigate the most serious allegations made against the Service Police. The instrument sets out a statutory framework, the functions of the SPCC and detailed rules and procedures for the handling of complaints, conduct and DSI matters. We note that the SPCC is a Crown appointment on recommendation of the Secretary of State for Defence, and that following a selection process, Margaret Obi has now been appointed as the first SPCC.5
6.The draft Regulations also include provisions for so-called super-complaints about the Service Police to be made by designated bodies to HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS). There will be a six-week application process in April 2023 for organisations wishing to become designated bodies. According to the MOD, super-complaints will not provide an alternative way of dealing with individual complaints or conduct matters but are intended to raise more systemic issues or concerns about a feature of Service policing which appears to be significantly harming the interests of the public and which could lead to a change of standards, an inspection by HMICFRS, or a recommendation to change a particular practice.
7.Asked about the expected volume of complaints under the new system, the MOD told us that, based on figures between 2018 and 2022, it expects around 62 complaints annually about the Service Police, with an average of 18 cases being referred to the SPCC. The numbers could increase if trust in the new independent system is built up over time. In addition, the MOD expects a smaller number of conduct matters and DSI cases, although there is no record of any DSI type matters having been raised between 2018 and 2022.
8.The draft Order proposes two changes to the definition of “treasure” in the Treasure Act 1996 (“the Act”) covering England, Wales and Northern Ireland:
9.The draft statutory Code of Practice has been revised to support the changes proposed in the draft Order and to clarify the guidance for users of the treasure process. The revised Code also reflects current administrative practices, especially where these differ between England, Wales and Northern Ireland, and also make the process more efficient. The changes take place against a background of growing interest in metal detecting (over 90% of treasure finds are made by detectorists), an increase in treasure cases (up 50% since 2008) and the development of online markets.
10.We asked DCMS about arrangements in Scotland. The Department explained that while culture is a devolved policy, treasure is reserved in Wales and Northern Ireland because it concerns property belonging to His Majesty in right of the Crown, and the hereditary revenues of the Crown. The Act replaced the common law of treasure trove in England, Wales and Northern Ireland, but not in Scotland, which historically always had its own separate common law of treasure trove under which all portable antiquities of archaeological, historical or cultural significance belong to the Crown and treasure is not limited to metal finds. Asked whether DCMS had considered widening the definition of treasure in England, Wales and Northern Ireland to align it with that in Scotland, the Department told us that this would have had an impact not only on the treasure process but also on archaeological excavations and archives and possibly on planning procedures. Given the extent of that impact, the Department decided to limit the extension of the definition to non-precious metals and to monitor the effect of that change as part of further consideration of widening the definition to include non-metal objects.
11.We found the Explanatory Memoranda that DCMS has provided alongside the draft Order and draft Code very helpful. We commend the Department for producing such clearly written and informative explanatory material.
12.These two instruments introduce pass-through requirements for the Government’s Alternative Fuel Payment (AFP) scheme for both domestic and non-domestic customers. SI 2023/178 requires landlords and other intermediaries in Great Britain (GB) to pass on benefits received from the AFP, as appropriate, to domestic tenants and others who are the intended beneficiaries of the scheme. The AFP will provide £200 of support to domestic users of alternative fuels, such as heating oil, liquified petroleum gas (LPG) or biomass. In Northern Ireland (NI), the AFP was introduced earlier and combined with the Energy Bills Support Scheme (EBSS), providing a single £600 payment to all households.6
13.SI 2023/188 requires commercial landlords and others to pass on benefits received from the Non-Domestic AFP (ND AFP) in GB and NI to commercial tenants and other end-users who are the intended beneficiaries of the scheme. The ND AFP will provide a single £150 payment to non-domestic users of alternative fuels.
14.The pass-through requirements established by these two instruments mirror those used for the previous energy bill support schemes that were introduced in November 2022. At the time, we raised concerns about the practical implementation of some aspects of these requirements, such as the obligation on landlords to pass on a ‘just and reasonable’ amount to tenants, and an expectation that even the most vulnerable customers could have to be prepared to take legal action via the County Court against their own landlords to recover any outstanding support.7 We therefore asked the Department for Energy Security and Net Zero (DESNZ) how effective the pass-through requirements have been to date for these other energy bill support schemes, and whether there is evidence that landlords have been withholding support from their tenants.
15.DESNZ explained that “there is no evidence which has been made known to us of the concept of ‘just and reasonable’ being misused to withhold support from intended beneficiaries”, and that it would continue to monitor this through its “extensive stakeholder networks” to make sure that the pass-through requirements are being met. The Department added that it was “not aware of tenants or businesses seeking recovery of support from their landlords through the courts where landlords have failed to pass on support”, but that it would look into this as part of the evaluation of the effectiveness of the pass-through requirements.
16.According to DESNZ, the final payments from the EBSS, which provide a £400 discount for household energy bills in monthly instalments between October 2022 and March 2023, are currently being made by suppliers in GB. The Department said that to date, “98% of payments have been made successfully, although take up by the 7% of households who have traditional Prepayment Meters, and are receiving paper vouchers, is lower, with 76% of vouchers redeemed so far”. This suggests that there are challenges in reaching some of the most vulnerable customers. The House many wish to seek assurance from the Minister that the support provided through the AFP reaches its intended beneficiaries, especially where these may be vulnerable customers. We are publishing the Department’s full response at Appendix 2.
17.These amendments will allow for the introduction of a dedicated Pre-payment Certificate priced at £18.70 for 12 months to reduce costs for patients who are prescribed Hormone Replacement Therapy (HRT) treatments.8 The Regulations will also make consequential amendments to require GPs to issue HRT medicines on a separate prescription so that pharmacists can make the appropriate charges for any other medicines prescribed to the person. The opportunity has also been taken to fix two further practical problems with prescription charges: one to ensure that patients do not bear additional charges if alternative items are supplied under a Serious Shortage Protocol (SSP), and the other to improve GP practice access to up-to-date information on supply shortages of medications (so that they can prescribe suitable alternative medications).
1 Public Accounts Committee, Department of Health and Social Care NHS Capital Expenditure and Financial Management (Eighth Report, Session 2019–21, HC344).
2 see Draft Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023, 25th Report (Session 2022–23, HL Paper 131), p 11.
3 12th Report (Session 2022–23, HL Paper 62), p 28, Recommendation 11.
4 Ministry of Defence, ‘Service Justice System review’ (February 2020): https://www.gov.uk/government/publications/service-justice-system-review [accessed 7 March 2023].
5 Ministry of Defence, ‘First Service Police Complaints Commissioner appointed’ (20 February 2023): https://www.gov.uk/government/news/first-service-police-complaints-commissioner-appointed [accessed 7 March 2023].
6 Energy Bills Support Scheme and Alternative Fuel Payment Pass-through Requirement (Northern Ireland) Regulations 2023 (SI 2023/10), 26th Report (Session 2022–23, HL Paper 139).
7 Energy Bills Support Scheme and Energy Price Guarantee Pass-through Requirement (England and Wales and Scotland) Regulations 2022 (SI 2022/1102), Energy Bill Relief Scheme Pass-through Requirement (England and Wales and Scotland) Regulations 2022 (SI 2022/1103) and Energy Bill Relief Scheme and Energy Price Guarantee Pass-through Requirement and Miscellaneous Amendments Regulations 2022 (SI 2022/1125), 18th Report (Session 2022–23, HL Paper 96).
8 Prescription charges are currently £9.35 per item, the general Pre-payment Certificate costs £108.10 per year.