Source · Select Committees · Justice Committee
Recommendation 12
12
Rejected
Paragraph: 38
Consultation obligation on Victims’ Code amendments currently remains too narrow.
Conclusion
Clause 3 obliges the Secretary of State to consult the Attorney General on preparing a draft of the Code and on any amendment to it. That obligation should be extended to include the Home Secretary, Victims’ Commissioner, Domestic Abuse Commissioner and Children’s Commissioner for all amendments.
Government Response Summary
The government rejects extending the statutory obligation to consult other Secretaries of State and Commissioners in legislation. It states consultation with the Home Secretary will occur by convention and it is usual practice to consult key stakeholders, but does not consider it necessary to list them in the Bill.
Paragraph Reference:
38
Government Response
Rejected
HM Government
Rejected
19. In accordance with standard drafting practice, the Bill does not specify the Secretary of State for Justice, but refers to the “Secretary of State”, which means any of His Majesty’s Principal Secretaries of State. Secretaries of State by convention are not required to consult one another, as they form part of the same Government. Consultation with the Home Secretary will, of course, take place as part of any relevant policy development and established internal Government decision making procedures. The Bill requires the Secretary of State to publish a draft Code and to consider any representations before laying the Code in Parliament. It is our usual practice to consult with key stakeholders, including relevant Commissioners, practitioners and the victim sector on proposed changes to the Code. We do not consider it necessary to list these stakeholders in legislation as the Code is wide-ranging and consultation may require a flexible and nuanced approach.