Source · Select Committees · Justice Committee
Recommendation 14
14
Paragraph: 31
To facilitate effective scrutiny of new criminal offences in statutory instruments, it would be helpful...
Conclusion
To facilitate effective scrutiny of new criminal offences in statutory instruments, it would be helpful if the Government would ensure that the accompanying explanatory memorandum should contain a specific section detailing any new offences, the reasons behind their creation, and the justification for the penalty applied. The memorandum should also contain a short statement setting out why the offence is considered both proportionate and necessary.
Paragraph Reference:
31
Government Response
Not Addressed
HM Government
Not Addressed
The Government considers that including a specific heading in the explanatory memorandum for new criminal offences created by a statutory instrument is disproportionate. It is important that the explanatory memorandum is kept as concise as possible, and the introduction of further headings are likely to lead to the document becoming unmanageably complex. For example, the Delegated Powers and Regulatory Reform Committee recently made a similar proposal in relation to new delegated powers in its 12th Report of the 2021–22 session entitled “Democracy Denied? (HL 106)”. As in that case, the Government will instead update existing guidance for drafters of explanatory memoranda to make clear that the “Policy background” section should provide an explanation of any new offences created by the SI.