Victims and Prisoners Bill – in a Public Bill Committee at 11:00 am on 11 July 2023.
Sheryll Murray
Conservative, South East Cornwall
With this it will be convenient to consider clauses 52 to 55 stand part.
Edward Argar
The Minister of State, Ministry of Justice
The clauses are in part 4, which contains the Bill’s general provisions, and set out the regulations that may be made under the legislation, the territorial extent of its measures, and its commencement and short title.
Clause 51 creates a money resolution for the Bill to allow for new public expenditure incurred by the measures in it. We have published impact assessments that set out the financial implications of each part of the Bill. For part 1, on victims of crime, the additional costs incurred are attributable to the new and expanded functions placed on public authorities—such as code compliance functions for police and crime commissioners—and on local authorities, integrated care boards and PCCs in England to carry out their responsibilities under the duty to collaborate. Further costs may be incurred for criminal justice inspectorates to allow them to carry out joint thematic needs assessments.
The establishment of the independent public advocate under part 2 will incur administrative costs including for secretariat functions, issuing guidance and communication on the role of an IPA. In the event that a major incident occurs and an advocate or multiple advocates are appointed by the Secretary of State, further costs will be incurred to pay for the work of any advocates appointed and their reasonable expenses. That expenditure will vary depending on the nature and scale of the incident.
The reforms in part 3 are expected to result in some additional costs to the criminal justice system. That includes costs because of prisoners serving longer in prison, which may require additional prison capacity, and tribunal and other legal costs related to appeals against the Secretary of State’s decisions. The costs will be considered as part of the usual process of determining costs for the justice system.
In 2024-25, the Ministry of Justice will provide funding of between £0.31 million and £4.36 million to police and crime commissioners, of between £0.2 million and £0.4 million to criminal justice inspectorates, of between £0.48 million and £0.64 million to local authorities, and of between £0.31 million and £0.39 million to integrated care boards to assist them in carrying out their duties under the legislation. We continue to refine those costs in collaboration with stakeholders.
Our starting position is that the Department will fund new-burden costs that fall within the spending review period of 2024-25. As is common practice, we expect that ongoing costs from the Bill and associated measures for relevant Departments outside the spending review period will then fall to those Departments to baseline with HM Treasury as part of negotiations at the next spending review.
We have had much debate throughout our proceedings on the appropriate way to fund obligations from a Bill. As I highlighted, the starting position is that the Ministry of Justice will fund new-burden costs that fall within the current spending review period. That forms part of the wider picture of increased funding in wider victim support services, which we believe will enable those with new duties under the Bill to carry out their responsibilities. We will work closely with stakeholders and those with new functions under the Bill as the measures are implemented. It is important that any decisions on public expenditure are taken in the round and that they are fully scrutinised and accountable to Parliament.
For measures in part 2, some £2.5 million has been committed by the Ministry of Justice over a three-year period to cover the establishment of the office of the independent public advocate; to recruit suitable individuals who may be appointed in future; to fund a permanent secretariat; and for training, IT, guidance and communications. The costs following a major incident to pay for the advocate and their reasonable expenses will be covered by the Government Department with the policy responsibility. The costs will of course vary depending on the nature and scale of the major incident or, to use the right hon. Member for Garston and Halewood’s terminology, public disaster.
The costs of the parole measures in part 3 will be absorbed by the Ministry of Justice and will, if necessary, be considered as part of a future spending review. The financial resolution will allow us to provide the funding required to implement the measures in the Bill and ensure that they have an impact.
Clause 52 allows for regulations under statutory instrument to be made under the Bill once it becomes an Act. The Bill contains 24 delegated powers. We have considered the scope and extent of the powers carefully and have taken the decision to include them only where necessary—in respect of particularly technical or detailed areas or to allow the flexibility for our legislation to remain up to date and be responsive to changes. The Bill contains two so-called Henry VIII powers and two amendments to existing so-called Henry VIII powers; they are subject to the affirmative resolution procedure, whereas the remainder of the regulation-making powers are subject to the negative procedure.
Clause 53 sets out the extent of the Bill. All measures in the Bill apply to England and Wales only, expect for three areas. Clauses 21 and 23(3)—which relate to the Parliamentary Commissioner for Administration and remove the MP filter for complaints from victims of crime—amend the Parliamentary Commissioner Act 1967, which extends to England, Wales, Scotland and Northern Ireland. The clause therefore has the same extent.
Clause 50 allows for consequential amendments to be made to existing primary legislation if that is required to aid the operability of the measures in clauses 48 and 49 on prisoner marriage. That primary legislation includes an Act, a Measure or Act of Senedd Cymru, an Act of the Scottish Parliament, and Northern Ireland legislation. The clause therefore extends UK-wide. Part 4, on general provisions, also extends to England, Wales, Scotland and Northern Ireland.
Clause 54 states that the measures in the Bill will be commenced via regulations on a day appointed by the Secretary of State, apart from part 4, on general provisions, which will come into force on the day the Bill becomes an Act. Finally, clause 55 states that the Bill may be cited as the Victims and Prisoners Act 2023 once it becomes an Act of Parliament. I commend the clauses to the Committee.
Anna McMorrin
Shadow Minister (Justice)
11:15,
11 July 2023
I rise to offer a reflection on the clauses from the Opposition Front-Bench team. Given that victims services and stakeholders throughout the country are crying out for more support, it is a shame that more provision is not distributed in part 1 of the Bill, with the Ministry of Justice absorbing the costs. The only costs associated with the Bill relate to parts 2 and 3. This is supposed to be purely a victims Bill, which we have been waiting years and years for. I thank the Minister for outlining the rest of the detail in the clauses.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
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