Correspondence
Aviation Safety (Amendment) Regulations 2023 (SI 2023/588)
65.In our 43rd Report,21 we commented on the Aviation Safety (Amendment) Regulations 2023 (SI 2023/588), because its Explanatory Memorandum (EM) was so sparse. The EM simply described what the Regulations do at a technical level, without providing any context or information about the policy choices made. The Department for Transport (DfT) was able to respond to our questions fully and has since revised the EM to explain, among other things, why they consider there to be no safety risk from the delays the legislation implements. We wrote to the responsible Minister, Baroness Vere of Norbiton, to ask why, when they had all the necessary information, the Department had not published it in the EM and why so defective an explanation had been authorised for laying before Parliament. Her response is published at Appendix 2.
66.It states that although a system of third-party quality checking is in place in DfT, it was not applied to this instrument. A system that is so easily circumvented is not fit for purpose, and we look forward to seeing the results from the stringent review and extensive training of officials that the letter promises.
Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023(SI 2023/559)
67.We wrote in similar terms to Damian Hinds MP, Minister of State for Justice, to enquire why the explanation of this instrument, introducing the pilots of Intensive Supervision Courts, lacked detail to the extent that we needed to publish several pages of additional information in our 43rd Report. Our Report also raised doubts as to whether the approach to the pilots would yield the maximum possible benefits.22 Mr Hinds responded promising to assess whether the current structures in the Ministry of Justice to check the quality of EMs are adequate. The correspondence is published at Appendix 3.
68.It is a matter of continuing concern to us that a wide range of government departments (see also the Department for Work and Pensions instrument at paragraphs 19 to 28) seem unable to provide an adequate explanation of their legislation, the rationale for changing the existing law, and what the anticipated effects will be.
21 43rd Report (Session 2022–23, HL Paper 207) para 34.
22 Ibid., paras 1–20.