Source · Select Committees · Justice Committee
Recommendation 6
6
Paragraph: 21
Another lesson is that the Ministry of Justice should have greater oversight over the creation...
Conclusion
Another lesson is that the Ministry of Justice should have greater oversight over the creation of criminal offences in response to public health emergencies, including a pandemic. As government guidance states, the Ministry of Justice should be consulted on the creation of new criminal offences to ensure they are proportionate and necessary and to consider their impact on the wider justice system. This is as important in a pandemic as in ordinary times, notwithstanding the need to move at pace.
Paragraph Reference:
21
Government Response
Not Addressed
HM Government
Not Addressed
Government departments regularly consult the Ministry of Justice when they seek to create new, or amend existing, criminal offences or penalties. The Ministry of Justice does not take ownership of the entire spectrum of the criminal law, nor is it responsible for every criminal offence as this is a matter for each department. It does, however, advise departments who are considering introducing new, or amending, existing, criminal measures. This often culminates in that department completing a Justice Impact Test, an internal impact assessment that considers the downstream impact of government policy and legislative proposals on the justice system. The consideration of new, or amendments to, criminal offences which now forms part of the broader Justice Impact Test moves away from the Criminal Gateway process which was in use before 2015. The Ministry of Justice continues to scrutinise policy and legislation both through this impact assessment, as well as through the collective agreement process. The usual practice is to approach the Ministry of Justice during policy development and often before clearance processes ensue. This allows for effective scrutiny of proposals in the context of the wider criminal law. Understandably the process is more dynamic when measures are needed on an urgent basis and the Ministry of Justice will support other Government departments pragmatically in these instances. The Ministry of Justice agrees to the recommendation from the report that there should be consultation with the Ministry of Justice as a matter of course when departments are considering whether to amend or create new offences or penalties. The Government accepts the Committee’s recommendation that guidance should be updated to highlight that other Government departments should be consulting the Ministry of Justice as a matter of course when considering new, or amending existing, criminal offences or penalties. The guidance will also be updated to outline standard timeframes for responses as well as what to do in urgent situations. Updated guidance will be published in due course.