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To ask Mr Chancellor of the Exchequer, what representations were made to the Government on the constitutional propriety of the General Anti-Avoidance Rule introduced by the Finance Act 2013 (a) in relation to whether the Rule seeks to make citizens responsible for shortcomings of the legislative process, (b) in relation...
To ask Mr Chancellor of the Exchequer, what representations were made to the Government on the constitutional propriety of the General Anti-Avoidance Rule introduced by the Finance Act 2013 (a) in relation to whether the Rule seeks to make citizens responsible for shortcomings of the legislative process, (b) in relation...
The Government launched its consultation on a General Anti-Abuse Rule (GAAR) on 12 June 2012. A significant number of responses were received from a wide range of respondents. HM Revenue & Customs (HMRC) published a summary of responses on 11 December 2012 noting that the majority of respondents were broadly in favour of an anti-abuse rule, though there were concerns that the draft legislation had the potential to apply more widely than the stated target.
The role and composition of the GAAR Advisory Panel was an important element of the consultation. The response document notes that, âmost respondents welcomed the introduction of the Advisory Panel as a taxpayer safeguard. There was support for the view that it should be a non-judicial body that would consider a case before it progresses to a court or tribunal.â
In addition to the thorough consultation and following the publication of the provisions on GAAR in December 2012, the House of Lords Economic Affairs Committee considered the Governmentâs proposals for an anti-abuse rule, as part of their enquiry into selected provisions of the draft Finance Bill. The Committee considered representations from a range of sources. The majority of those who made comments or gave evidence were also broadly in support of the new rule. The Committeeâs report is available here: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeconaf/139/13906.htm
The consultation and the summary of responses is available at:
To ask the Minister for the Cabinet Office, if he will review the use of subordinate legislation to amend primary legislation; and if he will propose arrangements to restrict such powers to cases of necessity.
To ask the Minister for the Cabinet Office, if he will review the use of subordinate legislation to amend primary legislation; and if he will propose arrangements to restrict such powers to cases of necessity.
There is no plan to review the use of powers that allow subordinate legislation to amend primary legislation. Parliamentary Counsel and Departments work to ensure that new delegated powers are proportionate. Each Government Bill is accompanied by a memorandum explaining the delegated powers included in the Bill and explaining why they are necessary.
To ask the Minister for the Cabinet Office, which recommendations of Lord Renton's Report on the Preparation of Legislation, Cmnd. 6053, published in 1975, have yet to be implemented; and what arrangements are proposed for the implementation of those recommendations.
To ask the Minister for the Cabinet Office, which recommendations of Lord Renton's Report on the Preparation of Legislation, Cmnd. 6053, published in 1975, have yet to be implemented; and what arrangements are proposed for the implementation of those recommendations.
Lord Renton’s report provides valuable lessons on how legislation is prepared and since its publication in 1975 there have many more similar reports. The Office of the Parliamentary Counsel are leading the Good Law initiative to help ensure that law is necessary, clear, coherent, effective and accessible. As part of our commitment to achieve better legislation, this Government has published record numbers of Bills in draft for pre-legislative scrutiny.
To ask the Minister for the Cabinet Office, what changes have been made in the structure and working arrangements of the Parliamentary Counsel Office in the present Parliament; and what steps have been taken to ensure that those changes do not adversely affect the quality of legislative drafting.
To ask the Minister for the Cabinet Office, what changes have been made in the structure and working arrangements of the Parliamentary Counsel Office in the present Parliament; and what steps have been taken to ensure that those changes do not adversely affect the quality of legislative drafting.
The Office of the Parliamentary Counsel continue to draft all Government Bills. The teams within the office are allocated to departments. This helps to build strong working relationships with departmental officials and legal advisors. Within the office there are arrangements in place to share expertise and identify key lessons from each Bill.
To ask the Minister for the Cabinet Office, what arrangements are in place for Parliamentary Counsel to refer to the Law Officers proposals for legislation which appear to Parliamentary Counsel to be compliant with the European Convention on Human Rights but objectionable on fundamental grounds of fairness or legislative propriety.
To ask the Minister for the Cabinet Office, what arrangements are in place for Parliamentary Counsel to refer to the Law Officers proposals for legislation which appear to Parliamentary Counsel to be compliant with the European Convention on Human Rights but objectionable on fundamental grounds of fairness or legislative propriety.
All Government Bills are subject to collective agreement and as part of this process the Law Officers’ offices are consulted. All Bills are published along with a statement of compatibility with the European Convention on Human Rights and most Bills are accompanied by a memorandum setting out the interaction with Convention rights.
To ask the Minister for the Cabinet Office, what proportion of Acts of Parliament in the present Parliament included a power for Ministers to make supplementary and incidental provision by secondary legislation for the purpose of giving full effect to the Act or for similar purposes; and if he will...
To ask the Minister for the Cabinet Office, what proportion of Acts of Parliament in the present Parliament included a power for Ministers to make supplementary and incidental provision by secondary legislation for the purpose of giving full effect to the Act or for similar purposes; and if he will...
The United Kingdom has an extensive statute book, which extends back hundreds of years, so Government Bills often need make provision against the background of this complex legislative landscape. Powers to make supplementary and incidental provision by secondary legislation are often needed to ensure that an Act produces the result intended by Parliament.
To ask the Minister for the Cabinet Office, what arrangements are in place to ensure that the drafting of statutory guidance, codes of practice and other forms of secondary legislation is of a consistent quality across Government and fit for purpose.
To ask the Minister for the Cabinet Office, what arrangements are in place to ensure that the drafting of statutory guidance, codes of practice and other forms of secondary legislation is of a consistent quality across Government and fit for purpose.
The drafting of secondary legislation is the responsibility of lawyers in Government Departments. The Government Legal Service runs a structured training programme, and produces comprehensive guidance on drafting statutory instruments. The Office of the Parliamentary Counsel also makes its drafting guidance available to Departmental lawyers.
I greatly appreciate the speech that we have just heard. It reflects many views that I have held for a very long time. The fear that I express about the current provisions of the Bill is not a criticism of the Ministers who introduced them, but it echoes some of...
I greatly appreciate the speech that we have just heard. It reflects many views that I have held for a very long time. The fear that I express about the current provisions of the Bill is not a criticism of the Ministers who introduced them, but it echoes some of...
To ask the Secretary of State for the Home Department, when her Department last reviewed the time taken by the West Midlands Constabulary to complete a Disclosure and Barring Service application.
To ask the Secretary of State for the Home Department, when her Department last reviewed the time taken by the West Midlands Constabulary to complete a Disclosure and Barring Service application.
The Department receives monthly updates from the Disclosure and Barring Service (DBS) on the time taken by police forces, including West Midlands police, to complete local police checks as part of the disclosure application process.
To ask the Secretary of State for the Home Department, when her officials last met officials from the Department for Health to consider the effect of late Disclosure and Barring clearances on the employment of hospital and care home workers.
To ask the Secretary of State for the Home Department, when her officials last met officials from the Department for Health to consider the effect of late Disclosure and Barring clearances on the employment of hospital and care home workers.
The DBS hold quarterly meetings with NHS Professionals, a DBS Registered Body which supports applicants from the hospital and care home sectors in making disclosure applications. No complaints have been raised by this Registered Body with
regard to delays with applications.
To ask the Secretary of State for the Home Department, what sanctions her Department has available to take against a Constabulary which takes over 90 working days to process a Disclosure and Barring Service application.
To ask the Secretary of State for the Home Department, what sanctions her Department has available to take against a Constabulary which takes over 90 working days to process a Disclosure and Barring Service application.
The agreed standard for police disclosure performance is set out in a Service Level Agreement between each force and the Disclosure and Barring Service (DBS). The standards include a requirement for forces to complete 100% of
local checks within 60 days. Where performance falls below this standard, action will be taken. The DBS will work with the force to develop and agree a recovery plan. Performance will be monitored against the plan and further
action agreed as appropriate.
That this House notes that the UK has the highest incidence of oesophageal adenocarcinoma in the world and that incidence is rising; further notes that there are over 8,000 people diagnosed with oesophageal cancer every year in the UK; acknowledges that the survival rate for oesophageal cancer is one of the worst of any cancer, with only 15 per cent survival after five years; further notes that diagnosis for the condition Barrett's oesophagus which can lead to oesophageal cancer is low and that public awareness of the significance of persistent heartburn as a risk factor is very low; welcomes the work of the Oesophageal Cancer Westminster Campaign, a campaign group of patient groups, clinical experts, industry and bereaved families; further welcomes the national Be Clear on Cancer campaign on oesophageal cancer; and calls for the Government and the Department of Health to regard the diagnosis and treatment of Barrett's oesophagus and oesophageal cancer as a national priority to save lives.
That this House notes that the UK has the highest incidence of oesophageal adenocarcinoma in the world and that incidence is rising; further notes that there are over 8,000 people diagnosed with oesophageal cancer every year in the UK; acknowledges that the survival rate for oesophageal cancer is one of...
That this House welcomes National Road Safety Week, 17 to 23 November 2014; notes the contribution of many public and private sector organisations to the reduction in road casualties over several decades; further notes particularly the decision this week of the Scottish Parliament to lower the drink drive blood alcohol limit; further notes the inquiry by the Transport Safety Commission, UK Transport Safety - who is responsible?; is concerned that the number of road deaths in Great Britain in the 12 months to June 2014 has shown an increase; and calls on the Government to redouble its efforts to improve safety for all road users.
That this House welcomes National Road Safety Week, 17 to 23 November 2014; notes the contribution of many public and private sector organisations to the reduction in road casualties over several decades; further notes particularly the decision this week of the Scottish Parliament to lower the drink drive blood alcohol...
I want to bring the House’s attention back to the excellent speech from the hon. Member for Blackley and Broughton (Graham Stringer). He touched on the central issue—the most difficult issue for me—which is the mutual recognition of other legal systems. I am puzzled why the Opposition should be so...
I want to bring the House’s attention back to the excellent speech from the hon. Member for Blackley and Broughton (Graham Stringer). He touched on the central issue—the most difficult issue for me—which is the mutual recognition of other legal systems. I am puzzled why the Opposition should be so...
I am grateful to my hon. Friend for allowing me a brief intervention. In the 1980s the mantra of Conservative Governments and Ministers was “No essential loss of sovereignty.” That was haunted right through and dragged across the nation as if there was a truth in it. Any time anyone...
I am grateful to my hon. Friend for allowing me a brief intervention. In the 1980s the mantra of Conservative Governments and Ministers was “No essential loss of sovereignty.” That was haunted right through and dragged across the nation as if there was a truth in it. Any time anyone...
The Minister will remember the visit of Mrs Merkel to the House of Lords, where she said she was absolutely convinced that what had held Europe peaceful was the EU, whereas I think most people in Westminster Hall today would think that it was, in fact, NATO that did that....
The Minister will remember the visit of Mrs Merkel to the House of Lords, where she said she was absolutely convinced that what had held Europe peaceful was the EU, whereas I think most people in Westminster Hall today would think that it was, in fact, NATO that did that....
If I remember correctly, Maine’s “Ancient law” makes the observation that justice lies in the interstices of procedure. That rubric has survived through our history since it was set and there is a truth in it. Today we are confronted with a motion that is incomprehensible, and with an understanding...
If I remember correctly, Maine’s “Ancient law” makes the observation that justice lies in the interstices of procedure. That rubric has survived through our history since it was set and there is a truth in it. Today we are confronted with a motion that is incomprehensible, and with an understanding...
That this House commends the work undertaken by YoungMinds which indicates that two-thirds of local authorities in England have reduced their Child and Adolescent Mental Health Services (CAMHS) budget since 2010; notes that one local authority, in response to YoungMinds' inquiry, confirmed that there had been a cut in its spending of 41 per cent since 2010; further notes that the National Institute for Health and Care Excellence guidelines advise that families should get CAMHS diagnostic assessment within three months of referral; and further notes that across the country this target is being missed, with families reporting that in some cases they are waiting years for effective support and advice.
That this House commends the work undertaken by YoungMinds which indicates that two-thirds of local authorities in England have reduced their Child and Adolescent Mental Health Services (CAMHS) budget since 2010; notes that one local authority, in response to YoungMinds' inquiry, confirmed that there had been a cut in its...
Words such as “crooked” and “corrupt” have been used across the Floor of the House in response to the issues before us, yet the police have no reason for action. I just do not understand how one can reconcile corruption as laid out in the forms that my right hon....
Words such as “crooked” and “corrupt” have been used across the Floor of the House in response to the issues before us, yet the police have no reason for action. I just do not understand how one can reconcile corruption as laid out in the forms that my right hon....
That this House believes that the UK's air passenger duty is acting as a barrier to allowing hardworking families to take holidays abroad, when the majority already have to pay a premium due to school term-time restrictions; and calls on the Government to reduce the financial impact on hardworking families by scrapping the air passenger duty applicable to children.
That this House believes that the UK's air passenger duty is acting as a barrier to allowing hardworking families to take holidays abroad, when the majority already have to pay a premium due to school term-time restrictions; and calls on the Government to reduce the financial impact on hardworking families...