King’s Speech 2023: Home affairs

The King’s Speech sets out the government’s legislative and policy proposals for the forthcoming parliamentary session. This briefing focuses on:

• bills announced in the May 2022 Queen’s Speech that were not introduced during the 2022–23 session
• policy announcements made by the government that may be the subject of future legislation
• government consultations that may lead to future legislation

Also of note is that press reports have speculated that the government will announce a Crime and Justice Bill in the King’s Speech.^[1] No details about the bill’s contents or introduction have been announced, however it is possible that some of the proposals detailed below could feature in the legislation.

1. Bills announced in the 2022 Queen’s Speech which have not been introduced

1.1 Modern Slavery Bill

The previous Queen’s Speech took place in May 2022 under the leadership of then Prime Minister Boris Johnson. In the speech, the government announced plans for a Modern Slavery Bill. It said that the bill would strengthen the protection and support for victims of human trafficking and modern slavery, as well as increase the accountability of companies and other organisations to drive out modern slavery from their supply chains.^[2] Prior to the Queen’s Speech, the government had said that further work was needed across government to address the problem of modern slavery and it had set out plans to do so, including through new legislation.^[3]

The government did not introduce a Modern Slavery Bill during the 2022–23 parliamentary session. In January 2023, the government was asked when it would publish this bill.^[4] Responding, Lord Murray of Blidworth, the parliamentary under secretary of state for migration and borders, said:

As the prime minister set out in his statement to the House of Commons on 13 December [2022], the government is determined to tackle the misuse of our modern slavery system. We continue to examine the case for legislative changes to improve the operation of the system and we will make a further announcement in due course.^[5]

In the statement referred to by Lord Murray, Prime Minister Rishi Sunak said that as part of his plan to tackle illegal migration the government would “remove the gold-plating from our modern slavery system”.^[6] He explained that the threshold someone must meet to be considered a modern slave would be “significantly” raised and that “for the first time” the government would require a caseworker to have objective evidence of modern slavery, rather than just a suspicion. Mr Sunak said that the government would introduce legislation in early 2023 to take forward the plans he had set out in his statement.

However, the government did pass the Illegal Migration Bill in the 2022–23 session. The government has said that this act will “prevent people who come to the UK through illegal and dangerous journeys from misusing modern slavery safeguards to block their removal”.^[7]

1.2 Terrorism (Protection of Premises) Draft Bill

In the 2022 Queen’s Speech the government set out plans for a draft protect duty bill.^[8] It said that the purpose of the bill would be to keep people safe by introducing new security requirements for certain public locations and venues to ensure preparedness for and protection from terrorist attacks.

In May 2023, the government published the Terrorism (Protection of Premises) Draft Bill along with explanatory notes, an impact assessment and a delegated powers memorandum.^[9]

The government explained that the draft bill would set out requirements that venues and other organisations would have to meet to ensure public safety.^[10] This would include the introduction of a tiered model for certain locations that would take into account the capacity of the premises or event and the activity taking place to prevent unnecessary burden to business.

Referring to the draft bill as Martyn’s law, the government said that it was a tribute to Martyn Hett who was killed alongside 21 others in the 2017 Manchester Arena attack. Figen Murray, Martyn’s mother, has campaigned for legislation to require venues to provide staff with counter-terrorism training, carry out risk assessments inside and outside of their premises, mitigate any risks identified during these assessments, and have a counter-terrorism action plan.^[11]

Pre-legislative scrutiny of the bill was carried out by the House of Commons Home Affairs Committee ahead of its formal introduction. The committee published its report on the draft bill in July 2023.^[12] As part of its response, the committee noted that the draft bill was developed following recommendations made as part of the inquiry into the Manchester Arena attack in 2017.^[13]

Summarising its findings, the committee said that while it welcomed the government’s overall intention behind the draft bill, it had serious concerns about its proportionality.^[14] It raised concerns about the draft bill’s impact on smaller businesses and voluntary and community-run organisations, where it said there was a lack of evidence that the legislation would adequately reduce the threat of terrorism. The committee also listed concerns about the unfinished provisions in the draft bill, the purpose of the bill, the regulator and some of the duties required. The committee argued there were “a number of other areas” which it felt could be improved upon, including introducing a provision for mandatory life-saving training and statutory standards for the design of new buildings.

2. Government plans which may be the subject of future legislation

In recent months the government has announced plans to legislate in a variety of areas related to home affairs. These proposals, which are detailed below, may feature in the upcoming King’s Speech.

2.1 New offences to tackle knife crime

In April 2023 the government said that it would consult on new legislative proposals to tackle the use of machetes and other bladed articles in crime.^[15] The consultation ran from 18 April to 6 June 2023.^[16]

The government published its response to the consultation on 30 August 2023.^[17] Within its response, the government said that, when parliamentary time allowed, it would legislate to:

• ban certain types of machetes and knives which seem to have been designed not as tools but to look menacing and be suitable for combat
• introduce new police powers to seize, retain and destroy lawfully held bladed articles in private premises if the police are in the property lawfully and have reasonable grounds to suspect that the article will be used in crime
• increase the maximum penalty for the offence of importation, manufacture, sale and general supply of prohibited and dangerous weapons and the sale of knives to persons under 18 years old to two years imprisonment
• introduce a new possession offence of bladed articles with the intention to endanger life or to cause fear of violence

The government also said that it would ask the Sentencing Council to consider amending sentencing guidelines on the possession of bladed articles and offensive weapons so that possession of a prohibited weapon is treated more seriously than possession of a non-prohibited weapon.

2.2 New offences to address intimate image abuse

In 2019, the Ministry of Justice asked the Law Commission to review existing criminal law as it relates to taking, making and sharing intimate images without consent. The Law Commission launched a review and published its final report in July 2022.^[18]

It found that there is currently no single criminal offence in England and Wales that covers the taking and sharing of intimate images without consent. Instead, the commission argued that a “patchwork of offences has developed over time” and that the law had been unable to keep up with developments in technology and sexual offending.

The Law Commission recommended a new tiered framework of offences which “uses one consistent definition of an intimate image, covers the full range of perpetrator motivations, and applies protective measures to victims consistently”. This framework would be comprised of five new offences, including a base offence of taking or sharing an intimate image without consent.

The government accepted the Law Commission’s recommendations.^[19] In a statement to the House of Commons in November 2022, the then secretary of state for justice, Dominic Raab, said that the government would legislate to introduce a package of new offences based on the recommendations when parliamentary time allowed.^[20] Further information on these proposals was set out in a government press release.^[21]

Mr Raab also said that some of the changes would be made earlier by way of government amendments to the Online Safety Bill. In a further written statement, Michelle Donelan, then secretary of state for digital, culture, media and sport, said that the government would bring forward an amendment to the bill that would criminalise the sharing of people’s intimate images without their consent.^[22] Labour said it would support the proposal.

2.3 New powers for the dismissal of police officers

In January 2023 the government announced a review “to ensure that the police officer dismissal process is effective at removing those who are not fit to serve the public”.^[23] This followed high-profile cases of serious offending by several police officers and concerns about the culture in some forces and units. The government said that the review would be completed within four months and would ensure that forces are able to effectively use regulations that allow probationary officers who do not meet the required standard to be let go. Additionally, it said the review would look at whether the current three-tier performance system is effective for dismissing officers who fail to perform the duties expected of their rank and role.

The government also noted that Baroness Casey’s interim report into the culture and standards of the Metropolitan Police had raised concerns about the low number of police officers being dismissed and that those who had multiple allegations of misconduct against them were still serving the public. Baroness Casey also outlined concerns that officers from ethnic minorities were disproportionately represented in the misconduct system.^[24]

In a Times article published 9 August 2023, Commissioner of the Metropolitan Police Mark Rowley expressed frustration that the government’s review had been subject to delays.^[25] Commissioner Rowley argued that this was causing an overhaul of standards in the Met to be held back.

On 31 August 2023, the government announced changes to the rules governing police officers’ disciplinary, vetting and performance processes.^[26] It said that the law would be changed to ensure all officers are appropriately vetted during their service and to enable officers who fail a re-vetting test while in post to be sacked. The government also said that under the system a finding of gross misconduct would automatically result in a police officer’s dismissal, unless exceptional circumstances apply. It said this would speed up the removal of officers “not fit to serve”.

In addition, the government announced that chief constables would be given greater responsibilities to decide whether officers should be sacked and would now chair independent misconduct panels. It explained that an independent lawyer would continue to sit on panels, “providing legal advice and helping to maintain rigour”. However, it also explained that they would no longer chair the panels but would take a supporting legally qualified person position instead. The outcome of these panels would continue to be determined by a majority panel decision and hearings would still be held in public to maintain transparency. Police chiefs would also be given a right to challenge decisions.

In cases involving former officers and special constables, the government said that there would be a presumption that they would be heard under fast-track procedures chaired by senior officers. It argued that this would cut bureaucracy and save tax-payers money, while ensuring “those failing to uphold standards are removed more swiftly”.

2.4 Ban on sex offender name changes

In her speech to the Conservative Party conference in October 2023, Home Secretary Suella Braverman announced plans for legislation to prevent registered sex offenders from changing their identities.^[27] Ms Braverman also said that the government would work to strengthen background checks so that they can catch any undisclosed changes of identity.

This announcement followed campaigning by the Safeguarding Alliance which said that it had identified a serious safeguarding loophole whereby “registered sex offenders are able to change their name by deed poll both enrolled and un-enrolled, and go under the radar of all authorities”.^[28] The alliance noted that the process through which a sex offender can change their name, from prison or elsewhere, is “simple, inexpensive and unregulated”. In addition, it highlighted that the loophole had rendered both the child sex offender disclosure scheme (‘Sarah’s Law’) and the domestic violence disclosure scheme (‘Claire’s Law’) redundant.

The Safeguarding Alliance has called for legislation to address this problem, which it has referred to as ‘Della’s Law’ after a survivor of child sexual abuse who was abused by a known offender who had changed their name multiple times, including while court proceedings were ongoing.

Currently, registered sex offenders must notify their local police force within three days of changing their name. Failure to do so is a criminal offence. However, the onus to comply is placed entirely on the offender. The Times has reported on figures collated by the Safeguarding Alliance which received responses from half of the 43 police forces in England and Wales showing that, from 2017 to 2019, 1,349 sex offenders notified authorities of a name change.^[29] More recently, the Times reported that between January 2019 and June 2022 there were almost 12,000 prosecutions against people on the register who failed to alert authorities about a change in their personal information.^[30] The paper has also highlighted examples where convicted child sex abusers have changed their name by deed poll, failed to inform authorities and used their new identity to gain access to children, including by gaining employment in schools and care homes where they further offended.^[31]

Focusing on Ms Braverman’s announcement, the Times said that information from government agencies, including HM Revenue and Customs, the Department for Work and Pensions, HM Passport Office and the Driver and Vehicle Licensing Agency, would be merged with the Disclosure and Barring Service (DBS) which carries out criminal record checks for employers.^[32] As a result, any change in a known sex offender’s details in any of these government agencies will alert the DBS and offenders will face prosecution. However, the paper noted that sex offenders could potentially evade these safeguards “if they completely abandoned all of their existing accounts with government agencies and did not attempt to update their details”. The Times reported that the government was working to address these issues before introducing the legislation. Concerns have also been raised that any outright ban would not be enforceable under the Equality Act 2010 if an individual claimed they were changing their name on the basis of changing their gender or for religious purposes.

2.5 Proposals to further restrict the sale of tobacco products

During his speech to the Conservative Party Conference in October 2023, Prime Minister Rishi Sunak set out plans to create a ‘smokefree generation’.^[33] Mr Sunak explained that he planned to introduce a new law to make it an offence for anyone born on or after 1 January 2009 to be sold tobacco products.^[34] He also said that the government would restrict the availability of vapes to children. Further information on these proposals is set out in the Library’s King’s Speech briefing on health.^[35]

3. Government consultations which may lead to future legislation

3.1 Mandatory reporting of child sexual abuse

The Independent Inquiry into Child Sexual Abuse recommended the introduction of legislation which would place certain individuals, ‘mandated reporters’, under a statutory duty to report child sexual abuse.^[36]

The government has accepted this recommendation and said it would work quickly to introduce a mandatory reporting duty for those working in England to report child sexual abuse.^[37] It also announced a 12-week call for evidence on the issue and said it would use the results of this consultation to help decide how to implement the new duty. This consultation ran from 22 May to 14 August 2023. The government has not yet published its outcome and is currently analysing the feedback received.^[38]

3.2 Potential new ‘sex for rent’ offence

Sex for rent is an arrangement where someone offers or provides accommodation for free or at a discount in exchange for sexual relations with the person using that accommodation. In April 2023 the government launched a consultation which invited views on the issue of sex for rent, the effectiveness of existing legislation and whether there is a case for a bespoke criminal offence.^[39]

The consultation sought views from those who have been involved in such an arrangement, including information on whether they entered into it in an informed and consensual way or were deceived, coerced or compelled. It also asked statutory agencies, law enforcement organisations and other groups to contribute. The consultation ran from 19 April to 30 June 2023. The government is yet to publish its outcome.

3.3 Community safety partnerships and anti-social behaviour powers

In March 2023, the government published an anti-social behaviour action plan which it said set out “an ambitious new approach to working with local agencies to tackle the blight of anti-social behaviour”.^[40] The plan contained commitments to legislate on several issues, some of which have already been taken forward through secondary legislation.^[41]

As part of the plan, the government announced a consultation on the relationship between community safety partnerships and police and crime commissioners, and the expansion of anti-social behaviour powers.^[42]

Community safety partnerships (CSPs) were introduced by section 6 of the Crime and Disorder Act 1998. They bring together local partners to formulate and deliver strategies to tackle crime and disorder in their communities.^[43] They work on the principle that no single agency can address all drivers of crime and anti-social behaviour and that effective partnership working is vital to ensuring safer communities. There are over 300 CSPs in England and Wales which operate as either district, county, unitary or borough partnerships. The responsible authorities that make up a CSP are the police, fire and rescue authority; local authorities; health partners; and probation services.

Police and crime commissioners (PCCs) are directly elected politicians who are responsible for securing an “efficient and effective” police force for their area.^[44] The role was created by the Police Reform and Social Responsibility Act 2011. A PCC represents every police force area in England and Wales with the exceptions of London, Greater Manchester and West Yorkshire where the powers are held by an elected mayor. There are also different arrangements in the City of London.

The government said that the purpose of its consultation on these roles is to:

• seek views on the relationship between CSPs and PCCs, with the aim of enhancing the accountability model of CSPs
• consider how CSPs and PCCs work together to tackle anti-social behaviour, with the aim of strengthening this co-operative working^[45]

The consultation also considered the expansion of anti-social behaviour powers, and whether amendments are required to ensure they are being used effectively.

The government said that the consultation was targeted at those with experience working in or with CSPs, as well as those with interest in anti-social behaviour powers. It ran from 27 March to 22 May 2023. The government has yet to publish the consultation’s outcome and has said that it is currently analysing the feedback it received.

3.4 Preventing the use of SIM farms for fraud

SIM farms are devices which can house hundreds of SIM cards.^[46] These devices can send out thousands of scam texts. Criminals also use SIM farms to run scam call campaigns and post misleading, false or phishing messages on social media in bulk. In addition, criminals use such devices to mask communications data when making calls or texts, thereby making investigations into their criminality more difficult. SIM farms are often used in abuse of telecommunications operators’ terms of service to send legitimate traffic at significantly cheaper rates than if this was done through the proper routes.

The government has argued that whilst there are potentially some legitimate uses of this technology, “these are limited and should not require using more than four SIM cards”. For devices which hold more than four SIM cards, the government has said that there is very limited evidence of legitimate use and that for all such cases alternative options exist.

In May 2023 the government launched a consultation which set out proposals to ban the manufacture, import, sale, hire and possession of SIM farms in the UK.^[47] As part of this work the government also asked respondents whether other technologies “used almost exclusively to commit fraud” should be included. This consultation ran from 3 May to 14 June 2023. The government is currently analysing the feedback it received.

3.5 Tackling serious and organised crime

In January 2023 the government launched a consultation on two legislative measures aimed at strengthening law enforcement’s response to serious and organised crime.^[48] It argued that the proposals would help law enforcement agencies to frustrate the activities of the largest and most harmful criminal enterprises that operate in the UK.

The first measure proposed was the creation of new offences to criminalise the making, modification, supply, offer to supply, and possession of articles for use in serious crime. Such articles could include:

• sophisticated encrypted communication devices used to facilitate organised crime
• vehicle concealments used to conceal and transport illicit goods
• digital templates that can be used for 3-D printed firearm components
• pill presses used in the supply of illegal drugs

The second measure suggested was a proposal to strengthen and improve the functioning of serious crime prevention orders (SCPOs). These are civil preventative orders which can impose tailored prohibitions, restrictions and requirements on a person for a period of up to five years to prevent or disrupt their involvement in serious crime. The government argued that these orders are not currently being used to maximum effect and suggested amending the Serious Crime Act 2007 to “strengthen and improve the functioning of SCPOs”.

The government said that the consultation, which ran from 24 January to 21 March 2023, would inform proposals for future legislation. It has not yet published its response to the feedback received.

3.6 Domestic homicide review legislation

The government has sought views on amending the domestic homicide review (DHR) legislation in the Domestic Violence, Crime and Victims Act 2004.^[49] A DHR is a review into the circumstances of a death of an individual following domestic abuse. Its purpose is to establish what can be learned to help prevent further fatalities.^[50] The government said that its consultation sought to “ensure a DHR is commissioned when the death has, or appears to have, resulted from domestic abuse as defined by the Domestic Abuse Act 2021”.

Currently, the 2004 act specifies that a DHR should be considered in instances where the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by either:

• a person to whom they were related or with whom they were, or had been, in an intimate personal relationship
• a member of the same household as them

The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse that incorporates a range of abuses beyond violence, abuse and neglect. This included controlling or coercive behaviour as well as emotional and economic abuse. The government argued that explicitly including the term domestic abuse would “ensure that DHRs continue to contribute to our understanding of domestic abuse, and capture learnings to prevent fatal domestic abuse”.^[51]

The government has also said that its consultation sought views on amending the term ‘homicide’ in DHRs to reflect the range of deaths which fall within the scope of a DHR.^[52] For example, statutory guidance updated in 2016 clarified that DHRs could be conducted for suicides by victims where the circumstances were of concern.^[53]

The consultation ran between 16 June and 11 August 2023. The government has said that it is currently analysing the feedback received.

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Cover image by Scott Rodgerson on Unsplash.