Parliamentary Liaison - Queens Speech - January 2005

Queens Speech 2004: Summary and brief analysis of the legislative programme for 2004/2005 

Neither the tone nor the substance of the Queens speech held any surprises. The Home Office won arguments within the cabinet that Biometric ID cards are to be issued with passports by 2008. New offences of aiding terrorists and trial by judge without jury would extend a principle previously confined to Northern Ireland`s 'Diplock' courts. The rightward drift of the Labour Party is such that even Michael Howard as Home Secretary would have had difficulty in finding the political support for many of its home office measures.

Beneath the headlines however there are solid and sensible measures in relation to public inquiries and the recasting of Charity Law. Both however could benefit form amendment. The Inquiries Bill sets the framework for an inquiry into the death of Pat Finucane where there are allegations of security service complicity in Northern Ireland but it goes so far in the direction of accommodating the security services need to give evidence in camera as to represent a new form of 'public -private partnership.' While Charity legislation would include a welcome public benefit test - aimed at Public Schools currently benefiting from tax breaks, our Stewardship Committee has expressed concerns regarding changes that an unamended Act could require to the constitution of the Society.

The speech includes Several Bills to be introduced in draft. The opportunity given for pre-legislative scrutiny is a step to improving the accountability of government. But by pitching his 'manifesto' for the last Parliamentary session so firmly under the headlines of security and "law and order" Tony Blair has ensured that the real achievements of his government on a commitment to equality, the minimum wage and the eradication of poverty remain buried in the small print of political debate.

The true extent of Home office domination is shown by the fact that a quarter of the 32 Bills are the responsibility of the Home Secretary and relate to security. The identity cards Bill is the flagship of his progamme and requires a national database of everyone resident in Britain. Although the Bill establishes a legal framework for the cards there would need to be another vote before they become compulsory. The Draft Counter Terrorism Bill is designed to provide a "judge proof" replacement for the current counter terrorism measures which are being challenged in the courts regarding the administrative detention for foreigners accused of terrorism and the admission of evidence gathered as a result of torture. The Criminal Defence Service Bill will bring back means testing for criminal legal aid.

Several Home Office Bills offer practical opportunities for dialogue with the Churches. Legislation on juvenile crime could provide opportunities to press the government in the direction of restorative justice in an area where the dividing line between victim and offender is often a fine one. Similarly the way that measures to tackle drug and alcohol abuse are implemented could make a real difference to the well being of many whose behavior is often as much a risk to themselves as others.

Bills that Friends may welcome include the Equality Bill, which establishes a Commission for Equality and Human Rights and provides a spring-board for a single equality Act to integrate current anti-discrimination legislation if Labour wins the next General Election. Religious discrimination in the supply of goods and services will become an offence and the present Bill will provide increased protection for older people and an obligation on the public sector to promote gender equality. The Serious Organised Crime and Police Bill responds to a decade of lobbying by religious groups by creating the offence of stirring up crime on the basis of religion. A problem with the Bill however is that it will require the proof of a subjective intention. It is arguable that there is already adequate legislation regarding incitement and that such legislation can be no substitute or the education and attention to the root causes of racism that gives rise to such behaviour in the first place.

The Consumer-Credit Bill will target loan sharks and profiteers by providing for clearer information on credit terms and enable debtors to complain about "unfair credit." The Corporate manslaughter Bill meets a need identified at the time of inquires into the Kings Cross fire, the Zeebrugge ferry and the Marchioness disaster where company negligence led to unnecessary deaths. The Bill was a part of an agreement with Unions earlier in the summer but proposals to make named directors legally responsible appear to have been stopped.

Bills "rolled over" from the last session include Gambling Bill, combining a new regulatory body with liberalisation of legislation regarding regional casinos. Energetic lobbying has reduced their number but not the size of prizes (£1million jackpot) that they can offer.

The Mental Capacity Bill is carried over from the last session and provides a framework for advance treatment directives. The Draft Mental Health Bill combines reform of mental health legislation to comply with human rights legislation with greater powers for the detention of "personality disordered" patients who are currently considered untreatable.

Perhaps however the piece of legislation that will shape our political future more than any other is the European Constitution (paving) Bill. The Bill would allow the Government to ratify the EU constitutional Treaty and deserved just two lines in the speech. It illustrates the dilemma of a government which while strongly pro-European in its instincts faces the task of competing for electoral popularity in a political climate where two thirds of the current electorate is firmly opposed to greater European integration.

What follows is a list of Bills together with a synopsis of those that might be of most interest to Friends.

Animal Welfare Bill

Over 20 pieces of animal welfare legislation consolidated under the Animal Welfare Bill, which would update regulations applying to dog and cat boarding establishments, riding establishments, performing animals, pet shop and dog breeding. New regulations would also be introduced for animal sanctuaries, pet fairs, livery yards and racing greyhounds. Penalties for animal cruelty would be increased in an update of the 1911 Protection of Animals Act, while the definitions of offences and penalties relating to animal fighting would be strengthened. A duty of care on animal owners would be extended to all kept animals, including farm animals, through new code of practice. Extra powers would be granted to those involved in animal welfare inspection activities, while the range of sentences available to the court would be extended. The Department for Environment, Food and Rural Affairs has also pledged to improve the law on disqualification orders "to address the forms of circumvention that have been employed under existing legislation." In addition, secondary legislation would be allowed to introduce codes of practice, "modernise" existing licensing regimes.

Charities Bill

The Bill would provide a clear definition of charity with an emphasis on public benefit, and would contain measures designed to enable charities to administer themselves more effectively. The regulation of charity fundraising would be reformed, while the Charity Commission's functions and powers, as a regulator would be modernised, with efforts made to increase its accountability. The Bill raises specific concerns for the Religious Society of Friends regarding the process required for changes to the constitution of charities. This process seems to require the necessity of voting as a statutory requirement of Charity governance. The Bill also gives powers to the Charity Commission to decide in certain circumstances who is or is not trustees of a charity. This could be seen as a power to determine who is or is not a member of the Society of Friends.

Child Benefit Bill

The planned reforms follow publication of Supporting Young People to Achieve alongside the 2004 Budget statement. The governments proposes to extend child benefit payments for those aged between 16 and 19 not just in full time education, but also in work-based learning. The change would apply across the UK.

Clean Neighbourhood and Environment Bill

In a joint initiative by the Home Office and the Department for Environment, Food and Rural Affairs, local authorities would be given greater powers to tackle conditions that reduce local environmental quality, and various forms of anti-social behaviour, such as abandoned vehicles, nuisance alleyways, fly-tipping and light pollution. This would include imposing on-the-spot fines on offenders.

Consumer Credit Bill

This move follows recent reports that personal debt in the UK has reached the £1 trillion mark for the first time. It would create a new "unfair credit" test, making it easier to take lenders to court if the terms of the loan are considered unjust. Alternative dispute resolution schemes would also be available through the Financial Ombudsman. Lenders would be required to provide consumers with annual statements outlining their credit agreements.

Constitutional Reform Bill

The legislation has been carried over from the last parliament. This bill would reform the upper echelons of Britain's legal system and abolish the Lord Chancellorship. With four consultations now close, the Department for Constitutional Affairs (DCA) would publish more details about its proposals soon. Reports from the government in response to consultation are expected in Mid-December. For only the second time in 150 years, the government proposes to take away the House of Lord's status as the highest court in the land and create a new independent body. The bill would cover the four areas on which the DCA has released consultation papers. In effect, it aims to separate the judiciary, legislature and executive. First, the DCA proposed to replace the Lords' Appellate Committee with a Supreme Court. The Law Lords who currently sit in the Lords would therefore no longer be able to legislate. Just as legislators would no longer sit as judges, so judges would no longer be able to sit as legislators. The court would become the highest court for Scotland, Wales and Northern Ireland. Second, it is proposed that an independent commission, rather than the government, would appoint judges. The commission would be made up of "judicial representatives, legally qualified members and lay members". A consultation paper has argued that through this mechanism, the judiciary would gain a greater degree of independence from the executive. Lord Falconer has highlighted the need to "insulate" the appointment of judges from politicians. It is envisaged that reform would encourage a greater number of female and ethic minority members of the judiciary than is currently the case. A further consultation paper deals with the reform of Queen's Counsel. More ambivalent in its approach, it covers all options from reforming the current system to abolishing it completely. Finally, in mid-September 2003, a consultation paper was published on abolishing the post of the Lord Chancellor, a post with a 1,400-year history. Having uncovered a surprisingly large number of powers accrued by the post over the time the department plans to tidy up the "legacy of history". The paper focused on a variety of functions unrelated to the Lord Chancellor's top-level roles of speaker, head of judiciary and secretary of state.

This Bill raises significant constitutional issues and will be of interest to Friends concerned with issues of accountability and constitutional reform.

Criminal Defence Service Bill

Ministers estimate that the measures contained in this bill could annually save more than £35 million out of the Criminal Defence Service total budget of £1.1 billion. Responsibility for awarding criminal legal aid would be transferred from the courts to the Legal Services Commission, which would base the means test on a simple assessment of gross salary or income, with individual circumstances such as the number of dependents, included in the calculation. Defendants would be able to appeal to the Justices' clerk and the magistrates should they feel the grant teams acted unfairly.

Crossrail Bill

The Queen announced that the Crossrail Bill would be brought forward to authorise construction of the scheme to provide a new link between east and west London.

Disability Discrimination Bill

This bill would ensure that the 1995 Disability Discrimination Act is extended to cover the provision of transport vehicles, and would allow an "end date" to be set by which all rail vehicles must be accessible to disable people, in addition to the date already set by buses and coaches. Public bodies would face a new duty to promote equality of opportunity for disabled people, ensuring more of their activities are covered by the DDA, along with awarding bodies conferring general qualifications, local authorities and private clubs with 25 or more members.

Drugs Bill

Under the planned legislation, the police would be given new powers to test drug offenders on arrest, rather than when charged. Those who test positive would be required to undergo an assessment by a drugs worker and, where appropriate, undergo a further assessment for the purposes of a care plan. The police would also be given greater powers to tackle drug dealing. Although the Drug Bill would apply only to England and Wales, provisions amended sentencing and the 1971 Misuse of Drugs Act would be extended across the UK.

Education Bill

This bill would give LEAs a more "strategic" role while "promoting autonomy" in the education system and streamlining the school inspections programme. The government has said that it would "focus on promoting greater autonomy and diversity in the education system, and on developing an enhanced strategic role for local education authorities". The legislation would also require LEAs to "invite proposals from possible providers in all cases where new or replacement schools are required".

Equality Bill

The Commission for Equality and Human Rights would be formed under the Equality Bill, and would replace the Commission for racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. It would provide support for legislation to tackle discrimination on the grounds of age, religion, sexual orientation, race and disability, and to promote compliance with the Human Rights Act. And it would also act as a single point of contact for individuals, businesses and organisations to get information and guidance on these issues. In addition, the CEHR would be charged with consulting all relevant stakeholders on the case for a Single Equality Act. Faith communities would enjoy new protections under the legislation, to ensure they are not treated unfairly in the provision of goods and services, while public sector bodies would be duty-bound to promote gender equality, ensuring that women and men are treated equally and fairly.

A submission regarding the commission for Equality and Human Rights [link] raises concerns regarding the scope of the proposed legislation.

European Union Bill

This legislation would have two aims: to make provision for the EU constitutional treaty into UK law, and would require and provide for referendum on ratification of it. In response to expansion of EU membership, the treaty itself aims to consolidate the main European treaties into a single text, creating a post of full-time president of the European Council to ensure greater continuity to the actions of the EU; and a minister for foreign affairs, merging the role of high representative for foreign affairs and external relations commissioner. The size of the European Commission would be reduced, the system for decisions taken in the Council of Ministers would be reformed, and qualified majority voting would be extended. Additionally, the number of policy areas where elected MEPs also have to approve EU legislation would increase, and the Charter of Fundamental Rights would be incorporated into EU law.

Gambling Bill

This bill is carried over from the last session of parliament, and would make it an offence for an adult to gamble with a child present; would include reserve powers to raise a levy from gambling operators for research into and the treatment of gambling addiction; update the law to cover such advances as online gambling and would remove unnecessary restrictions, such as the rule requiring membership of a casino or bingo cub at least 24 hours before playing. The bill would also create a new Gambling Commission to regulate the industry, and would give local authorities the responsibility for licensing the new premises. It would also allow for the gradual introduction of regional casinos. This last point has proved particularly controversial, with ministers now conceding to limit the numbers to eight in the first phase of the regime. Backbench Labour MPs and opposition politicians have also expressed concern at the possible rise in problem gambling resulting from relaxation of gambling laws.

Quaker Action on Alcohol and Drugs (QUAD) has made submissions at both Commons and Lords Stages of the Bill. Briefings are available from QUAD :

Director: Helena Chambers, 10, Mandalay Drive, Norton,
Gloucestershire GL2 9LD, Telephone: 01452 730368
E- mail: helenaqaad@hotmail.com

And the Methodist Church :
www.methodistchurch.org.uk

The Government`s commitment to the Budd review`s proposals for an end to the principle of "unstimulated demand" for gambling will encourage more and larger casinos and increasing advertisement of gambling opportunities. Friends could continue to raise concerns with their MPs and to take up the detailed proposals in QAD`s briefing. A particularly effective way of working would be raise concerns ecumenically with the Bishops where they are members of the House of Lords.

• An end to the concept of regional casinos and further reduction of the number of casinos in all  categories.
• Children should be prohibited from gambling on all fruit machines (including category D).
• Reduction of both prizes and stakes on highly addictive video roulette games.
• Requirement of positive ID before entering casinos.

Identity Cards Bill

Despite scepticism about the effectiveness of the scheme on all sides of the Commons, the Home Secretary is keen to push on with introducing voluntary ID cards alongside new biometric passports from 2008, with a view to them becoming compulsory between 2010 and 2012, which would require separate legislation. The Home Office under David Blunkett considered that the cards, containing unique data such as finger-prints or iris scans, would enable authorities to better crack down on immigration abuses, pre-empt terrorist attacks and keep track of criminals. The Home office also argues that they would help protect against identity fraud and provide checks on a person's right to access employment and services such as the NHS. Building on the work already taking place to include biometric data in passports, the bill would establish a new executive agency to issue the cards. And to counter the criticism that the move is an affront to civil liberties, allowing authorities to spy on citizens, a new post of national identity scheme commissioner would be created to act as an ombudsman.

While there is no is no clear Quaker position or policy in relation to this legislation, the proposed inter-linking of these extremely powerful databases raises important issues of privacy and could profoundly alter the balance between the individual and the state.

Inland Revenue and Customs Merger Bill

The Treasury hopes that the merger of the two major tax and revenue collection bodies would produce a more effective service. An Inland Revenue and Customs merger bill would "create an organisational framework fro delivering real improvements to tax administration." The new department would be named HM Revenue and Customs. And following recent scandals, there would be a new prosecutions office to take actions in revenue cases.

Inquiries Bill

The government decided to reform the legislation under which ministers can order inquiries, after examining the responses to the consultation paper, Effective Inquiries. The bill aims to help cut the length and cost of inquiries without affecting the level of fairness to witnesses, to ensure that practical recommendations and valuable conclusions are provided with a reasonable time. A single statutory framework would be established for inquiries set up by ministers into events of public concern, with sufficient flexibility for it to be used over a range of subject areas where an inquiry may be required. The roles of the minister concerned and the chairman of the inquiry would be established within the legislation.

The legislation is in part a response to the extremely high cost and length of the Bloody Sunday Inquiry. It is designed to enable a simpler procedure for inquiries into areas such as the involvement of security services in the alleged death of solicitor Pat Finucane. The Bill raises concerns both over the extent of use of 'closed' evidence in public inquiries. There are also possible issues of Human Rights Act compliance.

Management of Offenders Bill

The Management of Offenders Bill would complete the merger of the prison and probation services that would join up custodial and rehabilitation policies.

Like the SOCA, the National Offender Management Service (NOMS) has already begun its operations in shadow form - with senior staff already appointed. Ministers want to use more community-based punishments for minor offences, put out more contracts to the private sector and "ensure that new advances in technology are used to better protect the public and victims of crime". However, they are facing resistance from the probation service unions who fear "contestability" is a code word for privatisation. A new day fines scheme would be introduced for adult offenders, while electronic monitoring in respect of offenders serving community sentences and those on bail would be extended.

Mental Capacity Bill:

Introduced last session

The Bill seeks to define who can take decisions in relation to people who lose the capacity to make decisions that affect their own lives. The Bill raises complex issues regarding medical ethics and the withdrawal of treatment in response to advance patient`s directives. Recent amendments in response to the Roman Catholic Church have addressed some of these issues.

Draft Mental Health Bill

Please see separate submission on the web. The revised Draft Mental Health Bill is unlikely to be introduced in substantive form this side of a General Election. The Bill raises serious civil liberties concerns regarding the use of compulsory treatment in the community and the framework for the treatment of people with Dangerous and Severe Personality Disorders.

National Lottery Bill

A new "Big Lottery Fund" would be established as a single entity, with a single set of rules to make it easier for potential applicants to access lottery funds, replacing the Community Fund, the new Opportunities Fund and the Millennium Commission. Licensing and regulation would be reconsidered to ensure the return for good causes is maximised, while distributors would be given greater powers to consult public views on distribution decisions. A new system of allocating investment income from funds held in the National Lottery Distribution Fund for distributors would be provided, with an aim of increasing transparency.

Railways Bill

Ministers are to take more direct control of the railways with legislation contained in the Queen's speech. The Strategic Rail Authority would be scrapped and the majority of its functions transferred to the secretary of state. Responsibility for railway safety would be switched from the Health and Safety Executive to the Office of Rail regulation, which would also be responsible for performance and cost issues. As part of a wider transport strategy outlined in the white paper, the government said some transport decision-making would be moved to more local level. In future, the devolved administrations in Scotland and Wales and passenger transport executives would take on increased responsibilities for passenger services and, where appropriate, infrastructure. In London, the government intends to extend the mayor's responsibilities to rail services within the GLA boundary. The bill would also strengthen the Rail Passengers Council to make it a "stronger, more independent body that would report directly to the secretary of state".

Road Safety Bill

The government has set a target for a 40 per cent reduction in the number of adults, and a 50 per cent fall in the numbers of children killed and seriously injured on Britain's roads by 2010. The Road Safety would enable mandatory retesting of the worst offending drink-drivers and provide police with the power to take evidence at the roadside. There would be increased penalties for those found guilty of road traffic offences including driving while using a mobile phone, careless and inconsiderate driving and using a vehicle in a dangerous condition. Fixed penalty notices would be applicable to those without a British driving licence, while the police would be able to more effectively use motor insurance data and automatic data plate recognition technology to detect uninsured drivers. The bill would clarify which vehicles can exceed existing speed limits, such as those carrying donor organs, while motorway rest areas would be piloted in a bid to reduce the number of fatigue-related accidents. There would also be improvements to driving instructing and testing procedures, and administrative changes to the licensing regime to ensure better accuracy of the driving licence and prevent "clocking" fraud in vehicles.

School Transport Bill

The Bill would provide pilot schemes for LEAS to provide for school transport.

Serious Organised Crime and Police Bill

The Bill would set up a US style Serious Organised Crime Agency. It could also be the mechanism for introducing the offence of Incitement to Religious Hatred.
Although there is currently no authoritative Quaker position on the proposed legislation, there is a detailed discussion of the issues in an article of Rowena Loverance in the Friend 14th January. The Lords Committee inquiring into the proposal of legislation heard evidence from the Indian Attorney General that laws criminalising hate speech could encourage "intolerance, divisiveness and unreasonable interference with freedom of expression." The Bill also raises concerns regarding the subjectivity of the proposed offence and the definition of religion.

Transport (Wales) Bill

Would provide a duty on the Welsh Assembly to promote safe, integrated and sustainable transport.

Michael Bartlet, Parliamentary Liaison Secretary, January 24th 2005
With many thanks to Parliamentary Monitor and to Alan Uadati (graduate intern on secondment from for Forum for the Future) for the précis and synopsis of Bills

Specific areas where Friends could press for amendments include: