Policy paper

Queen’s Speech 2015: what it means for you

Published 27 May 2015

This was published under the 2015 to 2016 Cameron Conservative government

Read the Queen’s speech 2015.

1. Full Employment and Welfare Benefits Bill

The purpose of the Bill is to deliver the government’s commitment to freeze the main rates of the majority of working-age benefits, tax credits and Child Benefit, and to reduce the level of the benefit cap. It wll create duties to report on progress:

• towards our commitment to achieving full employment
• against meeting our target of 3 million new apprenticeships
• on the Troubled Families Initiative

The main benefits of the Bill would be to:

• ensure that it pays to work rather than to rely on benefits, and deliver fairness to the taxpayer while continuing to provide support for those in greatest need
• help create 2 million new jobs and help move young people into paid employment by giving them the support, skills and experience they need to fulfil their potential

The main elements of the Bill are:

1.1 Working-age benefit freeze

• the new legislation would freeze the main rates of the majority of working age benefits, tax credits and Child Benefit for 2 years from 2016 to 2017
• pensioners would be protected, as would benefits relating to the additional costs of disability
• statutory payments, such as Statutory Maternity, Paternity and Adoption Pay would also be exempted

1.2 Lowering the benefit cap

• the new legislation would lower the benefit cap so that the total amount of benefits a non-working family can receive in a year would be £23,000
• a cap at £23,000 is equivalent to gross family earnings of up to £29,000
• households are exempt where someone is entitled to Working Tax Credit or is in receipt of benefits relating to additional costs of disability, or War Widow’s and Widower’s Pension

1.3 Statutory duties to report on progress

The Bill includes statutory duties to report on:

• full employment: the Bill includes a statutory duty to report on progress towards our objective of achieving the highest employment rare in the G7 – the details of how we would measure this would be set out when the government produces the first annual report on progress
• apprenticeships: the Bill includes a duty to report annually on progress against meeting our target of 3 million new apprenticeships
• Troubled Families Programme: the Bill includes a duty to report annually on progress of the Troubled Families programme. The Bill also seeks to place a requirement on public bodies to provide information to the Secretary of State in order that he may fulfil that duty

In addition, our future youth offer will:

• put in place a new Youth Allowance for 18-21 year olds with stronger work related conditionality from day 1. After 6 months they will be required to go on an apprenticeship, training or community work placement
• remove automatic entitlement to housing support for 18 to 21 year olds
• provide Jobcentre Plus adviser support in schools across England to supplement careers advice and provide routes into work experience and apprenticeships

2. Enterprise Bill

The purpose of the Bill is to:

• cement the UK’s position as the best place in Europe to start and grow a business, by cutting red tape and making it easier for small businesses to resolve disputes quickly and easily
• reward entrepreneurship, generate jobs and higher wages for all, and offer people opportunity at every stage of their lives

The main benefits of the Bill would be:

• progressing our commitment to cutting red tape and saving businesses at least £10 billion over this Parliament
• creating a Small Business Conciliation Service to help resolve business-to-business disputes, especially over late payment
• improving the business rates system ahead of the 2017 revaluation, including by modernising the appeals system
• other measures to help strengthen the UK’s competitiveness and back businesses to create jobs

The main elements of the Bill are:

2.1 Deregulation

• extending the government’s ambitious target for cutting red tape to cover the activities of more regulators to enable them to contribute to the deregulation target
• require regulators to be more transparent by reporting against their compliance with existing statutory better regulation requirements. This will ensure that regulators design and deliver services and policies to best suits the needs of business
• extension of the Primary Authority scheme to streamline regulation around the country

2.2 Small Business Conciliation Service

• establishing the Small Business Conciliation Service that will handle business-to-business disputes without the need for court action, tackling in particular, late payment issues

2.3 Public Sector Redundancy Pay

• introducing a cap on exit payments made to public sector workers to end 6-figure payoffs for the best paid public sector workers

2.4 Business rates

• introduction of business rates appeals reform, including modifying the Valuation Tribunal powers to consider ratepayer appeals
• allow for the Valuation Office Agency to share information with local government to improve the system for both local government and ratepayers

3. Finance Bill and other legislation

3.1 Personal Tax Allowance

The purpose of the legislation is to:

• reward those who work hard and do the right thing
• ensure that future increases to the income tax personal allowance reflect changes to the national minimum wage, so that individuals working 30 hours a week on the national minimum wage do not pay income tax

The main benefits of the legislation would be:

• the government has a commitment to raise the personal allowance to £12,500. This will go further and ensure that in the future, individuals working 30 hours at the national minimum wage will not pay income tax
• increases in the personal allowance this Parliament will benefit around 30 million individuals

The main elements of the legislation are:

• the legislation would ensure that future increases to the income tax personal allowance reflect changes to the national minimum wage, so that individuals working 30 hours a week on the national minimum wage do not pay income tax

3.2 Tax lock commitment: National Insurance Contributions Bill/Finance Bill

The purpose of the legislation is to:

• ensure there are no rises in income tax rates, VAT rates or National Insurance contributions (NICs) rates for individuals, employees and employers
• ensure that the NICs upper earnings limit (the point at which the Employee NICs rate reduces to 2%) is no higher than the income tax higher rate threshold (the point at which income tax increases to 40%)
• ensure there will be no extension of the scope of VAT

The main benefits of the legislation would be:

• preventing any increase in Income Tax rates, VAT rates, or individual, employee or employer rates of National Insurance, above the current rates

The main elements of the legislation are:

• to set a ceiling for the rates of Income Tax and VAT, and the individual, employee and employer National Insurance rates, so that these rates cannot be raised above their current levels

4. Childcare Bill

The purpose of the Bill is to:

• help support working people from the start of their family life
• deliver on the government’s election manifesto commitment of giving families where all parents are working an entitlement to 30 hours a week of free childcare for their 3- and 4-year-olds for 38 weeks of the year (equivalent of the school year)

The main benefits of the Bill would be to:

• help hard-working families with the costs of childcare and support parents in work
• help ensure that parents are able to access information about the additional free childcare being introduced and about other childcare provision or services which may help them to meet their childcare needs

The main elements of the Bill are to:

• provide for an increased entitlement to 30 hours a week of free childcare (for 38 weeks of the year) to be made available to eligible working parents of 3- and 4-year-olds
• require local authorities to publish information about the provision of childcare in the local authority area, and other services or facilities which might be of benefit to parents or prospective parents, or children or young persons in their area

5. Housing Bill

The purpose of the Bill is to:

• help give more hard-working people the chance to own their own home
• increase housing supply and access to home ownership

The main benefits of the Bill would be:

• helping more tenants of housing associations to buy a home of their own
• increasing the supply of new Starter Homes (to be exclusively offered to young first-time buyers, at a 20% discount below their open market value)
• helping those wishing to build their own home
• ensuring local people have more control over planning

The main elements of the Bill are:

5.1 Home ownership

• to enable the extension of Right to Buy levels of discount to housing association tenants
• to require local authorities to dispose of high-value vacant council houses which would help fund the Right to Buy extension discounts and the building of more affordable homes in the area
• to provide the necessary statutory framework to support the delivery of Starter Homes
• to take forward the Right to Build, requiring local planning authorities to support custom and self-builders registered in their area in identifying suitable plots of land to build or commission their own home

5.2 Housing supply

• to introduce a statutory register for brownfield land, to help achieve the target of getting Local Development Orders in place on 90% of suitable brownfield sites by 2020
• to simplify and speed up the neighbourhood planning system, to support communities that seek to meet local housing and other development needs through neighbourhood planning
• to give effect to other changes to housing and planning legislation that would support housing growth

6. Energy Bill

The purpose of the Bill is to:

• ensure there will be affordable and reliable energy for businesses and families
• give the Oil and Gas Authority (OGA) the powers it needs to become a robust, independent and effective regulator, and enable it to maximise the economic recovery of oil and gas from UK waters
• change the law in line with the manifesto commitment to give local communities the final say on wind farm applications

The main benefits of the Bill would be:

• increasing industry collaboration, driving down costs for consumers and attracting further investment to improve the overall competitiveness of the UK Continental Shelf (UKCS)
• bringing revenue to the UK contributing to economic growth and creating jobs
• maximising the economic recovery of offshore oil and gas reserves, prolonging the life of the basin and helping to ensure our energy security
• ensuring local planning authorities have consenting powers for all onshore wind farms

The main elements of the Bill are:

6.1 To establish the Oil and Gas Authority (OGA)

• the Bill would formally establish the OGA as an independent regulator, which would take the form of a government company, charged with the asset stewardship and regulation of domestic oil and gas recovery
• the Bill would transfer the Secretary of State for Energy and Climate Change’s existing regulatory powers to the OGA. The Secretary of State’s regulatory functions in relation to the environment would not be transferred
• the Bill would give the OGA additional powers including access to company meetings; data acquisition, retention and transfer; dispute resolution and sanctions
• the Bill would increase the scope of fees and charges to target the costs of the OGA more closely to those who directly benefit from its services and functions

6.2 Fee Schemes for Environmental Regulation of Offshore Oil and Gas

• the Bill would introduce provisions in relation to charges for the regulator’s services to the industry

6.3 Onshore Wind

• the Bill would make legislative changes to remove the need for the Secretary of State’s consent for any large onshore wind farms (over 50 megawatts)
• this, in effect, would devolve powers out of Whitehall by transferring the existing consenting powers, in relation to onshore wind, to local planning authorities
• this will mean that in future the primary decision maker for onshore wind consents in England and Wales will be the local planning authority. These changes will be supported by changes to the national planning policy framework to give effect to the manifesto commitment that local communities should have the final say on planning applications for wind farms
• these changes would not impact on the planning regime in Scotland and Northern Ireland
• the commitment to end new subsidy for onshore wind farms will be delivered separately, and the Department of Energy and Climate Change will be announcing measures to deliver this soon

7. Immigration

The purpose of the legislation is to:

• control immigration, making sure we put hard working British families first
• support working people, clamp down on illegal immigration and protect our public services

The main benefits of these clauses would be:

• dealing with those who should not be here, by rooting out illegal immigrants and boosting removals and deportations
• reforming our immigration and labour market rules, so we reduce the demand for skilled migrant labour and crack down on the exploitation of low-skilled workers

The main elements of the clauses are:

• illegal working: The Bill will introduce an offence of illegal working, making it clear to migrants who have no right to be here that working illegally in the UK is a crime, with consequences for their earnings. This will provide a firm legal foundation for the wages paid to illegal migrants to be seized as proceeds of crime
• work: we will create a new enforcement agency that cracks down on the worst cases of exploitation. Exploiting or coercing people into work is not acceptable. It is not right that unscrupulous employers can exploit workers in our country, luring them here with the promise of a better life, but delivering the exact opposite, and the full force of the State will be applied to them. A new single agency will have the scale and powers to do this. The Bill will also make it illegal for employment agencies to recruit solely from abroad without advertising those jobs in Britain and in English
• skills levy: a consultation will be carried out on funding apprenticeship schemes for British and EU workers by implementing a new visa levy on businesses that use foreign labour
• services: a clearer bar on access to services by illegal migrants. We will build on the national roll-out of the landlord scheme established in the Immigration Act 2014, and make it easier to evict illegal migrants. We will ensure banks take action against existing current accounts held by illegal immigrants
• appeals: extend the principle of “deport first, appeal later” from just criminal cases, to all immigration cases. In 2014 the last government cut the number of appeal rights but other than foreign criminals, migrants retain an in-country right of appeal against the refusal of a human rights claim. We will now extend the ‘deport first, appeal later’ principle to all cases, except where it will cause serious harm
• tagging: Require all foreign offenders released on bail to be tagged, so we always know exactly where they are. This will prevent absconding and increase the number of criminals deported

8. Trade Unions Bill

The purpose of the Bill is to:

• pursue our ambition to become the most prosperous major economy in the world by 2030
• ensure hardworking people are not disrupted by little-supported strike action

The main benefits of the Bill would be:

• ensuring that strikes are the result of clear, positive and recent decisions by union members
• ensuring that disruption to essential public services has a democratic mandate

The main elements of the Bill are:

8.1 Trade union reform

• introduction of a 50% voting threshold for union ballots turnouts (and retain the requirement for there to be a simple majority of votes in favour)
• in addition to the 50% minimum voting turnout threshold, introduction of a requirement that 40% of those entitled to vote must vote in favour of industrial action in certain essential public services (health, education, fire, transport)
• tackling intimidation of non-striking workers during a strike
• introduction of a transparent opt-in process for the political fund element of trade unions subscriptions. This will reflect the existing practice in Northern Ireland
• introduction of time limits on a mandate following a ballot for industrial action
• making changes to the role of the Certification Officer

9. Education and Adoption Bill

The purpose of the Bill is to:

• give all children the best possible start in life
• strengthen our intervention powers in failing maintained schools. It will be clear that the solution for inadequate schools is to become a sponsored academy. It will also give us powers to intervene in coasting schools and will allow us to require action from those schools which have not seen pupils make sufficient progress
• introduce measures that will enable us to deliver regional adoption agencies

The main benefits of the Bill would be:

9.1 Schools

• speeding up intervention in failing schools and being clear that these inadequate schools will become sponsored academies
• creating new power to academies coasting schools

9.2 Adoption

• it would increase the scale at which adoption services are delivered, by introducing regional adoption agencies. These agencies will work across local authority boundaries to match children without delay

The main elements of the Bill are:

9.3 Schools

• the Bill would give Regional Schools Commissioners powers to bring in leadership support from other excellent schools and heads, and would speed up the process of turning schools into academies
• an inadequate Ofsted judgement would usually lead to a school being converted into an academy, and barriers would be removed to ensure swift progress towards conversion
• it would make schools that meet a new coasting definition, having shown a prolonged period of mediocre performance and insufficient pupil progress, eligible for academisation
• a coasting definition will be set out in due course according to a number of factors

9.4 Adoption

• the Bill would give the Secretary of State a new power to direct one or more named local authorities to make arrangements for any or all of their adoption functions to be carried out on their behalf by one of the local authorities named or by another agency. In practice, this means that the Secretary of State can direct a number of local authorities to have adoption functions carried out on their behalf in order to create regional adoption agencies
• when directing local authorities, the Secretary of State can list which adoption functions the arrangements should relate to. The functions which can be specified in a direction are functions in relation to: the recruitment, assessment and approval of prospective adopters; decisions about which prospective adopters a child should be matched with; and the provision of adoption support services

10. Cities and Local Government Devolution Bill

The purpose of the Bill is to:

• fulfil the government’s commitments on devolving powers and budgets to boost local growth in England
• work through our long-term economic plan to rebuild our economy

The main benefits of the Bill would be:

• boosting growth and increasing productivity and efficiency in local government
• providing the legislative framework necessary to deliver the Greater Manchester deal and other future deals – both in large cities which choose to have elected mayors and in other places
• making early progress on moving powers out of Whitehall and building a Northern Powerhouse

The main elements of the Bill are:

• the Bill would provide new primary legislative powers to fulfil the government’s manifesto commitments
• together with existing powers under the Localism Act 2011, the Bill would also enable the government to empower towns and counties, building on the programme of Growth Deals which the Government implemented in the last Parliament

• the provisions in the Bill would be generic (to be applied by order to specified combined authorities and their areas) and would enable:

  • an elected mayor for the combined authority’s area who would exercise specified functions and chair the authority
  • the mayor to undertake the functions of Police and Crime Commissioner (PCC) for the area
  • where a mayor is to have PCC functions, allow the current PCC term of office to be extended until the mayor is in place
  • remove the current statutory limitation on its functions (currently these are limited to those on economic development, regeneration, and transport)
  • enable local authority governance to be streamlined as agreed by councils

11. High Speed Rail (London-West Midlands) Bill

The purpose of the Bill is to:

• provide the government with the legal powers to construct and operate phase 1 of the High Speed 2 (HS2) railway. On becoming an act, it would give the government deemed planning permission for the railway between London and the West Midlands

The main benefits of the Bill would be:

• to allow the government to build phase 1 of HS2 – a transformational scheme to help rebalance the UK economy and bring greater prosperity to the Midlands and the North
• HS2 would free up space on our crowded rail network, improving connectivity between London, the Midlands, the North and Scotland. It would promote regeneration, boost local skills and generate tens of thousands of jobs, helping secure the UK’s future prosperity

The main elements of the Bill are:

• giving the government powers to compulsorily acquire or temporarily take possession of land required for the scheme, and construct and operate the railway

12. Scotland Bill

The purpose of the Bill is to:

• ensure wherever you live in the United Kingdom, that you have a government that is on your side and representing your interests
• honour the commitment made to the Scottish people before last year’s independence referendum to transfer significant new powers to the Scottish Parliament, making it one of the most powerful devolved parliaments in the world
• deliver in full the Smith Commission Agreement, which the 5 main Scottish political parties signed up to in November 2014. The Smith Commission was established the morning after the people of Scotland voted decisively (55% to 45%) to remain part of the United Kingdom

The main benefits of the Bill would be:

• the Scottish Parliament would become one of the most powerful devolved parliaments in the world, with considerable new powers over taxation (including income tax) and spending
• along with more powers would come more responsibility to a Scottish Parliament more accountable to the Scottish public
• for the first time, more than half the money spent by the Scottish government would be raised by the Scottish Parliament. It will be responsible for raising around 40% of Scotland’s taxes and for deciding around 60% of its public spending
• along with a more powerful and accountable Scottish Parliament, Scotland would also retain the huge benefits of being part of a strong United Kingdom with a large UK economy, a UK pound, UK pensions and UK armed forces – just as the Scottish people made clear they wanted in last year’s independence referendum

The main elements of the Bill are:

12.1 New tax powers

• the Bill would enable the Scottish Parliament to set the thresholds and rates of income tax on earnings in Scotland and keep all the money raised in Scotland
• the Bill would provide the Scottish Parliament with the first 10 percentage points of standard rate VAT revenue raised in Scotland (and 2.5% reduced rate)
• the Bill would also devolve responsibility for Air Passenger Duty and the Aggregates Levy to the Scottish Parliament
• additional borrowing powers will also be agreed between the UK and Scottish governments as part of a new fiscal framework for Scotland

12.2 New welfare powers

• the Scottish Parliament would get around £2.5 billion worth of new welfare powers
• the Bill would allow the Scottish Government to vary the frequency of Universal Credit payments in Scotland
• the Bill would give the Scottish Parliament the power to set the rules over a range of benefits which affect carers, disabled people, the elderly and to control programmes which help people find work

12.3 Fiscal framework

• to implement the Smith Commission, a new fiscal framework for Scotland will be negotiated alongside the Bill. This should ensure Scotland enjoys the benefits of economic decision-making closer to home within a strong and secure UK system and shared UK currency
• the Barnett formula would be retained but would account for a smaller share of the Scottish Parliament’s revenues because more than half of it would now be raised by tax decisions made at Holyrood

13. Wales Bill

The purpose of the Bill is to:

• ensure wherever you live in the United Kingdom, that you have a government that is on your side and representing your interests
• deliver a clearer, more stable devolution settlement for Wales and devolve important new powers to the National Assembly for Wales and the Welsh government

The main benefits of the Bill would be to:

• make Welsh devolution clearer by introducing a reserved powers model to clarify the division of powers between the National Assembly and Parliament
• make Welsh devolution stronger by devolving important powers to the National Assembly over energy, transport and local government elections in Wales
• give the National Assembly control over its own affairs including what it should be called, its size, electoral system, elections and voting age
• reflect the permanence of the Assembly and the Welsh government in statute

The main elements of the Bill are:

• a new reserved powers model for Welsh devolution including a list of policies that are reserved to the UK Parliament
• powers devolved to Welsh Ministers over consenting for energy developments in Wales up to 350 megawatts for both onshore and offshore projects
• powers devolved to the Assembly over ports, taxi regulation, the registration of bus services, speed limits, and sewerage services in Wales
• the devolution of licensing for onshore oil and gas exploration to Wales, enabling the Welsh government and the National Assembly to decide whether exploration for shale oil and gas takes place in Wales
• powers transferred to the National Assembly over Assembly and local government elections in Wales, enabling the Assembly to decide whether 16- and 17-years-olds should vote in those elections
• provisions to place the permanence of the National Assembly and the Welsh government on a statutory footing and enshrine the legislative consent process in law
• the Bill would devolve to the National Assembly control over its own affairs including what it should be called, its size and the electoral system used to elect its Members
• the Bill would implement those non-fiscal Smith Commission proposals that are appropriate to be taken forward for Wales

14. Northern Ireland (Stormont House Agreement) Bill

The purpose of the Bill is to:

• ensure wherever you live in the United Kingdom, that you have a government that is on your side and representing your interests
• establish the Historical Investigations Unit, and an Oral History Archive. An additional body in the Bill, the Independent Commission for Information Retrieval would be established by an international agreement between the UK and Irish governments

The main benefits of the Bill would be:

• providing for full and independent investigations into unsolved Troubles-related deaths
• enabling victims and survivors to seek and privately receive information about the Troubles-related deaths of next-of-kin
• allowing individuals from throughout the UK and Ireland to share experiences and narratives related to the Troubles

The main elements of the Bill are:

14.1 Historical Investigations Unit

• the Bill would create a new independent body, the Historical Investigations Unit (HIU), responsible for taking forward outstanding investigations into unsolved Troubles-related deaths, whether involving criminal activity or allegations of police misconduct. The HIU would also reinvestigate Troubles-related deaths identified by the 2013 report by Her Majesty’s Inspectorate of Constabulary as needing investigation
• the Bill would put in place a dedicated family support staff to provide the next of kin with support and expert advice throughout the process
• the Bill would commit the UK government to full disclosure of relevant material to the HIU for the purpose of its investigations
• the Bill would provide for equivalent measures to those that currently apply to existing bodies so as to prevent any damaging onward disclosure of information by the HIU, in order to ensure that no individuals are put at risk and that the government’s duty to keep people safe and secure is upheld

14.2 Independent Commission for Information Retrieval

• the Bill would enable a new independent cross-border body, the Independent Commission for Information Retrieval (ICIR), which would be established by an international agreement between the UK and Irish governments
• the Bill would enable victims and survivors to seek and privately receive, through the ICIR, information about the Troubles-related deaths of next of kin
• the Bill would ensure that information provided to the ICIR would not be admissible in court proceedings

14.3 Oral History Archive

• the Bill would create a new independent Oral History Archive as a central place for individuals from throughout the UK and Ireland to share experiences and narratives related to the Troubles
• the Bill would contain provision for the production of a factual historical timeline and statistical analysis of the Troubles, led by academics

15. European Union Referendum Bill

The purpose of the Bill is to:

• give the British people a voice and a real choice on Europe
• enable a referendum to allow the electorate to have an in-out vote on the UK’s membership of the European Union (EU) before the end of 2017

The main benefits of the Bill would be:

• to allow the electorate to have an in-out vote on the UK’s membership of the European Union (EU) before the end of 2017

The main elements of the Bill are:

• that it would enable a referendum to allow the electorate to have an in-out vote on the UK’s membership of the European Union (EU) before the end of 2017
• that it will make clear that the franchise for the Referendum will be based on the General Election franchise, plus members of the House of Lords and Commonwealth citizens in Gibraltar. British, Irish and Commonwealth citizens over 18 who are resident in the UK will therefore be eligible to vote as well as UK nationals resident overseas for less than 15 years

16. Extremism Bill

The purpose of the Bill is to:

• unite our country and keep you and your family safe by tackling all forms of extremism
• combat groups and individuals who reject our values and promote messages of hate

The main benefits of the Bill would be:

• to strengthen government and law enforcement powers to stop extremists promoting views and behaviour that undermine British values
• to protect the public from the serious harm extremists intend to cause to individuals, communities and the values we live by
• to address the gap in government and law enforcement’s powers to deal with extremism that falls below the thresholds in counter-terrorism legislation

The main elements of the Bill are, as part of a comprehensive new strategy to defeat all forms of extremism, to legislate to strengthen our powers in a number of areas:

• Banning Orders: a new power for the Home Secretary to ban extremist groups
• Extremism Disruption Orders: a new power for law enforcement to stop individuals engaging in extremist behaviour
• Closure Orders: a new power for law enforcement and local authorities to close down premises used to support extremism

We will also be taking forward other commitments to combat extremism:

• broadcasting: strengthening Ofcom’s roles so that tough measures can be taken against channels that broadcast extremist content
• employment checks: enabling employers to check whether an individual is an extremist and bar them from working with children

17. Investigatory Powers Bill

The purpose of this legislation is to:

• provide the police and intelligence agencies with the tools to keep you and your family safe
• address ongoing capability gaps that are severely degrading the ability of law enforcement and intelligence agencies ability to combat terrorism and other serious crime
• maintain the ability of our intelligence agencies and law enforcement to target the online communications of terrorists, paedophiles and other serious criminals
• modernise our law in these areas and ensure it is fit for purpose
• provide for appropriate oversight and safeguard arrangements

The main benefits of these clauses would be:

• better equipping law enforcement and intelligence agencies to meet their key operational requirements, and addressing the gap in these agencies’ ability to build intelligence and evidence where subjects of interest, suspects and vulnerable people have communicated online
• maintain the ability of our intelligence agencies to target the online communications of terrorists, and other relevant capabilities
• provide for appropriate oversight arrangements and safeguards
• this will respond to issues raised in the independent review by the Independent Reviewer of Counter-Terrorism legislation, which is due to be published shortly

The main elements of the clauses are:

• the legislation covers all investigatory powers including communications data, where the government has long maintained that the gap in capabilities are putting lives at risk
• the legislation will enable the continuation of the targeting of terrorist communications and other capabilities

18. Policing and Criminal Justice Bill

The purpose of the Bill is to:

• carry on making every community safer
• continue the reform of policing and enhance protections for vulnerable people
• continue to reform the criminal justice system to protect the public better, build confidence and improve efficiency

The main benefits of the Bill would be:

• putting a stop to people remaining on bail for months or even years with no independent oversight of the police’s investigation
• creating legislative consistency within the Police and Criminal Evidence Act (PACE) to ensure that 17-year-olds are treated as children under all its provisions
• reforming legislation in relation to the detention of people under sections 135 and 136 of the Mental Health Act 1983 to ensure better outcomes for those experiencing a mental health crisis
• changing HM Inspectorate of Constabulary’s (HMIC’s) statutory remit and functions to strengthen its independence, extend its remit and allow it to comment on the efficiency and effectiveness of policing as a whole
• reforming the police disciplinary and complaints systems to ensure the public have confidence in their ability to hold the police to account and that police officers will uphold the highest standards of integrity
• extending regulations to former police officers to enable forces to conclude misconduct cases, notwithstanding an officer’s departure from the force
• making the Police Federation subject to the Freedom of Information Act and enshrining its core purpose in legislation to improve its transparency and accountability. This will help to ensure that the Federation acts in the interests of both its members and the public
• providing enhanced protections for children by, subject to consultation, introducing sanctions for professionals who fail to take action on child abuse where it is a professional responsibility to do so
• going further to address those who refuse to pay off confiscation orders
• continue to reform the criminal justice system to protect better the public, build confidence and improve efficiency

The main elements of the Bill are:

18.1 Pre-charge bail

• to create a presumption that suspects will be released without bail unless it is necessary
• the Bill would initially limit pre-charge bail to 28 days, with an extension of up to 3 months, authorised by a senior police officer
• in exceptional circumstances, the police will have to apply to the courts for an extension beyond three months, to be approved by a magistrate
• this will introduce judicial oversight of the pre-charge bail process for the first time, increasing accountability and scrutiny in a way that is manageable for the courts

18.2 PACE treatment of 17-year-olds

• the Bill would ensure 17-year-olds who are detained in police custody are treated as children for all purposes under PACE (Police and Criminal Evidence Act 1984)

• in particular, the amendments to the provisions of PACE concerning 17-year-olds include:

  • ensuring an appropriate adult is present for drug sample taking
  • ensuring appropriate consent is granted by both the 17-year-old and parent/legal guardian for a range of interventions, including intimate searches
  • the ability to impose conditional bail to ensure the welfare and interests of the 17-year-old

18.3 Mental health and policing

• the Bill would take forward the policing powers elements of the Review of the use of sections 135 and 136 of the Mental Health Act 1983, including:

  • prohibiting the use of police cells as places of safety for those under 18 years of age and further reducing their use in the case of adults
  • reducing the current 72 hour maximum period of detention
  • extending the power to detain under section 136 to any place other than a private residence

18.4 HMIC powers

• the Bill would include changes to HMIC’s powers that will strengthen its independence and extend its remit to better allow it to comment on the efficiency and effectiveness of policing as a whole

• the powers will:

  • extend HMIC’s remit to contractors and to Police and Crime Commissioner staff who are supporting the police and delivering policing functions
  • give HMIC powers to acquire information from third parties
  • require PCCs to copy their responses to HMIC reports to HMIC
  • give powers to the Chief Inspector to commission inspections that have not been included in HMIC’s published programme
  • enable the Chief Inspector to appoint Assistant Inspectors of Constabulary

18.5 Police Integrity

• the reforms would ensure police corruption and misconduct is brought to light and that officers are held to account for their behaviour in a manner that is fair and transparent for the public

• changes to the Police disciplinary system will:

  • enable appeal hearings to be held nationally, (as opposed to locally by Local Policing Bodies) with a lay member introduced in place of the current retired police officer
  • ensure that the Independent Police Complaints Commission (IPCC) investigate all cases involving chief officers
  • allow the IPCC to present its own cases to disciplinary hearing panels
  • extend the power to make conduct and disciplinary regulations to include former police officers so that misconduct cases can be taken to a conclusion, notwithstanding an officer’s departure from the force

• changes to the Police complaints system will include:

  • a stronger role for Police and Crime Commissioners
  • measures to strengthen protections for police whistleblowers
  • changes to the powers of the IPCC

18.6 Police Federation Reform

• amending primary legislation to apply the Freedom of Information (FOI) Act to the Police Federation as first announced by the Home Secretary in May 2014
• enshrining the Police Federation’s Core Purpose (which reflects the need for it to act in the public interest) in legislation, as requested by the Police Federation as a key element of the Normington Reforms

18.7 Child Protection

• subject to the outcome of a public consultation, introduce improved protection for children, either through amending current duties, introducing a criminal offence of ‘wilful neglect’ or introducing a mandatory reporting scheme
• close a legal loophole so that live-streaming of child sexual abuse online can be punished in the same way as recorded images – meaning offenders will face up to 14 years in prison

18.8 Criminal Justice Reform

• the Bill will allow us to deliver a range of criminal justice reforms that will aim to better protect the public build confidence and improve efficiency
• we will be considering what changes might be needed over the coming weeks and will bring forward more detailed proposals in due course

19. Psychoactive Substances Bill

The purpose of the Bill is to:

• protect hard-working citizens from the risks posted by untested, unknown and potential harmful drugs
• create a blanket ban which would prohibit and disrupt the production, distribution, sale and supply of new psychoactive substances (NPS) in the UK

The main benefits of the Bill would be:

• protecting UK citizens from the risks posed by untested, unknown and potentially harmful NPS
• complementing the existing UK drug legislative framework in the Misuse of Drugs Act 1971
• providing a proportionate but robust response to the availability of NPS and the problems they cause

The main elements of the Bill are:

• the Bill would make it an offence to produce, supply, offer to supply, possess with intent to supply, import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. The maximum sentence would be 7 years’ imprisonment
• substances, such as alcohol, tobacco, caffeine, food and medical products, would be excluded from the scope of the offence, as would controlled drugs, which would continue to be regulated by the Misuse of Drugs Act 1971
• as recommended last year by the NPS Expert Panel, the Bill would focus on the supply of NPS and so would not include a personal possession offence. Specific substances will continue to be controlled under the existing Misuse of Drugs Act legislation (including possession) where they can be identified and their harms can be adequately assessed by the Advisory Council on the Misuse of Drugs (ACMD)
• this legislation is supported by the Devolved Administrations and the Scottish government and the National Assembly for Wales have published their own reports calling for a blanket ban
• the Bill would include provision for civil sanctions – prohibition notices and prohibition orders (breach of the latter would be a criminal offence) – to enable the police and local authorities to adopt a proportionate response to the supply of NPS in appropriate cases • the Bill would also provide powers to seize and destroy NPS and powers to search persons, premises and vehicles, as well as to enter premises by warrant if necessary

20. Armed Forces Bill

The purpose of the Bill is to continue in force the legislation governing the Armed Forces, and it would make provision for other defence matters. There is an Armed Forces Bill every 5 years. This requirement dates from the Bill of Rights 1688, which says that the keeping of an Army in time of peace shall be an offence ‘unless it be with the consent of Parliament’. The Armed Forces Act 2006 transformed the legislation governing the Armed Forces by introducing a single system of Service law that applies to all service personnel. The 2006 Act provides a comprehensive system of discipline, covering such matters as offences, the powers of the service police, the jurisdiction and powers of commanding officers and of service courts, in particular the court martial. It is the basis of the service justice system and it applies to all service personnel wherever in the world they are operating. This Armed Forces Bill would renew the Armed Forces Act 2006, as did the Armed Forces Act 2011.

The main benefits of the Bill would be:

• to provide the legal basis for recruitment and discipline of our Armed Forces and is therefore essential
• maintain the effectiveness of the Service Justice System so that it continues to serve the needs of the Armed Forces

The main elements of the Bill are:

• to continue in force the Armed Forces Act 2006 that otherwise will expire in November 2016
• the simplification of some complex processes around the way service personnel are charged for offences

Find out more in the full background briefing notes.