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www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary BRIEFING PAPER Number 8679, 9 October 2019 Queen's Speech 2019 By Richard Kelly Contents: 1. Introduction 2. Bills continuing from 2017-19 Session 3. Bills previously announced 4. Bills foreshadowed 5. Queen’s Speech 6. Progress of Bills announced in the Queen’s Speech 2017

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www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary

BRIEFING PAPER

Number 8679, 9 October 2019

Queen's Speech 2019 By Richard Kelly

Contents: 1. Introduction 2. Bills continuing from 2017-19

Session 3. Bills previously announced 4. Bills foreshadowed 5. Queen’s Speech 6. Progress of Bills announced in

the Queen’s Speech 2017

2 Queen's Speech 2019

Contents Summary 4

1. Introduction 6

2. Bills continuing from 2017-19 Session 7 2.1 Bills that have been the subject of carry-over motions 7

Birmingham Commonwealth Games Bill [HL] 7 Domestic Abuse Bill 7 Sentencing (Pre-consolidation Amendments) Bill [HL] 8 High Speed Rail (West Midlands - Crewe) Bill (Hybrid Bill) 8

2.2 Draft bills published in 2017-19 Session 8 Draft Environment (Principles and Governance) Bill 9 Draft Domestic Abuse Bill 9 Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill 10 Draft Health Service Safety Investigations Bill 10 Draft Registration of Overseas Entities Bill 10

2.3 Bills commenced in 2017-19 that fell at prorogation 11

3. Bills previously announced 12 3.1 Overseas Electors Bill 12 3.2 Draft bill from earlier Sessions still under consideration 12

Draft Public Service Ombudsman Bill 12

4. Bills foreshadowed 13 4.1 Possible defence related legislation 13

Armed Forces Bill 13 Legal Protections 13 New compensation scheme for those injured or killed on combat operations 13

4.2 Immigration 13 4.3 Pensions 14 4.4 Schools – Elective home education 15 4.5 Health 17

Integrated Care Bill 17 Healthcare Safety Investigation Bill 17

4.6 Agriculture Bill 17 4.7 Sentencing of offenders 18 4.8 Housing 19

Leasehold and Commonhold Reform 19 The private rented sector 19 Consumer redress 19 Mobile (park) homes 20

4.9 Regulating Buildings 20 4.10 Environment Bill 21 4.11 European Union (Withdrawal Agreement) Bill 21 4.12 Courts and Tribunals (Online Procedure) Bill 22 4.13 Transport 22 4.14 Northern Ireland: budget legislation 23 4.15 Northern Ireland: institutional historical abuse cases 24 4.16 Financial services 24 4.17 Local government 24

Devolution 24 Funding 24 Non-domestic rates 24

3 Queen's Speech 2019

4.18 Espionage Bill 25 4.19 Replacing the European Arrest Warrant 25 4.20 Legislation on employment status 25 4.21 Northern Ireland: direct rule 25

5. Queen’s Speech 27

6. Progress of Bills announced in the Queen’s Speech 2017 29

Cover page image copyright Click & browse to copyright info for stock image

4 Queen's Speech 2019

Summary The Queen’s Speech at the beginning of the forthcoming Session will take place on Monday 14 October 2019.

The State Opening of Parliament marks the beginning of the parliamentary session. Its main purpose is for the monarch formally to open Parliament and, in the Queen’s Speech, deliver an outline of the Government's proposed policies and legislation for the coming session of Parliament.

This note identifies issues and bills that may appear in the Queen’s Speech. Section 2 reviews legislation that has already been introduced and carried over or was published in draft in the current Session. It also lists the Government bills that fell at prorogation. Section 3 provides information on plans for legislation, initially announced before the 2017-19 Session that may still form part of the Government’s plans. Section 4 reports statements or press speculation indicating that a particular issue is likely to be the subject of future legislation.

Bills in progress The following bills are being carried over from the 2017-19 Session:

• Birmingham Commonwealth Games Bill [HL] 2017-19; • Domestic Abuse Bill 2017-19; • Sentencing (Pre-consolidation Amendments) Bill [HL] 2017-19; and • High Speed Rail (West Midlands - Crewe) Bill 2017-19 (hybrid bill).

Eight draft bills were published in 2017-19. Three of these were subsequently introduced and enacted. Of the remaining five, two have been introduced and three have not:

• Draft Environment (Principles and Governance) Bill; • Draft Domestic Abuse Bill (introduced and carried over); • Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill (introduced); • Draft Health Service Safety Investigations Bill; and • Draft Registration of Overseas Entities Bill.

A draft Public Service Ombudsman Bill was published in December 2016.

Ten of the bills introduced by the Government during the 2017-19 Session did not complete their passage through Parliament and therefore fell at prorogation:

• Agriculture Bill 2017-19

• Animal Welfare (Sentencing) Bill 2017-19

• Courts and Tribunals (Online Procedure) Bill [HL] 2017-19

• Divorce, Dissolution and Separation Bill 2017-19

• Financial Services (Implementation of Legislation) Bill [HL] 2017-19

• Fisheries Bill 2017-19

• Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19

• Non-Domestic Rating (Lists) Bill 2017-19

• Non-Domestic Rating (Public Lavatories) Bill [HL] 2017-19

• Trade Bill 2017-19

5 Queen's Speech 2019

Potential subjects of legislation The following issues are potential subjects of legislation:

• Defence

─ Armed Forces Bill

─ Legal protections

─ New compensation scheme for those injured or killed on combat operations

• Immigration

• Pensions

• Schools – elective home education

• Health

─ Integrated care

─ Health Care Safety Investigations Bill

• Agriculture

• Sentencing offenders

• Housing

─ Leasehold and Commonhold Reform

─ The private rented sector

─ Consumer redress

─ Mobile (park) homes

• Regulating Buildings

• Environment Bill

• European Union (Withdrawal Agreement) Bill

• Courts and Tribunals (Online Procedure) Bill

• Transport

• Northern Ireland –budget legislation

• Northern Ireland – institutional historical abuse cases

• Financial services

• Local government

─ Devolution

─ Funding

─ Non-domestic rates

• Espionage Bill

• Replacing the European Arrest Warrant

• Legislation on employment status

6 Queen's Speech 2019

1. Introduction The Queen’s Speech at the beginning of the forthcoming Session will take place on Monday 14 October 2019.1

This will be the first autumnal Queen’s Speech since 2009.

Following the passage of the Fixed-term Parliaments Act 2011, parliamentary sessions had run from spring to spring.2 The Queen’s Speech at the beginning of the 2012-13 Session took place on Wednesday 9 May 2012,3 the first Wednesday after the local government elections held on 3 May 2012; the Queen’s Speech at the beginning of the 2013-14 Session took place on Wednesday 8 May 2013,4 the first Wednesday after the local government elections held on 2 May 2013; and the Queen’s Speech at the beginning of the 2014-15 Session took place on Wednesday 4 June 2014,5 after combined local and European elections on 22 May 2014. The 2015 Queen’s Speech’s followed the general election in May.6 The Queen’s Speech at the beginning of the 2016-17 Session was held on 18 May.7 The 2017 Queen’s Speech followed a June general election.8 Before the 2017 Queen’s Speech, the Government announced that the session it heralded would last for two years.9

Section 2 reviews legislation that has already been introduced and carried over or was published in draft in the current Session. It also lists the Government bills that fell at prorogation. Section 3 provides information on plans for legislation, initially announced before the 2017-19 Session that may still form part of the Government’s plans. Section 4 reports statements or press speculation indicating that a particular issue is likely to be the subject of future legislation.

Some general information on the State Opening ceremony is provided in Section 5.

Section 6 provides a short summary of the progress of bills announced in the Queen’s Speech at the beginning of the 2017-19 Session. Details of all Government bills introduced in the Session can be found on the Bills before Parliament webpages.

1 Prime Minister’s Office news, PM’s intention to request the current session of

Parliament be prorogued, 2 October 2019 2 HC Deb 13 September 2010 cc33WS-34WS 3 HC Deb 9 May 2012 cc3-5 4 HC Deb 8 May 2013 cc3-4 5 HC Deb 4 June 2014 cc4-6 6 HC Deb 27 May 2015 cc31-33 7 HC Deb 18 May 2016 cc3-5 8 HC Deb 21 June 2017 cc34-36 9 Office of the Leader of the House of Commons news, Government to confirm two-

year Parliament to deliver Brexit and beyond, 17 June 2017

7 Commons Library Briefing, 9 October 2019

2. Bills continuing from 2017-19 Session

2.1 Bills that have been the subject of carry-over motions

Generally, bills that have not completed their passage through both Houses of Parliament are lost at the end of a parliamentary session. However, since the beginning of the 2004-05 Session, House of Commons Standing Orders have provided for ministers to move motions to carry-over a bill from one session to the next, with consideration of each bill resuming at the point reached at prorogation. The Commons can only agree to carry-over Government bills that were introduced in the Commons and have not been sent to the Lords.

Ad hoc arrangements are made to carry-over public bills in the House of Lords.

Different arrangements allow hybrid bills to be carried over.

Four bills, including one hybrid bill, have been carried over from the 2017-19 Session.

Birmingham Commonwealth Games Bill [HL] The Birmingham Commonwealth Games Bill [HL] 2017-19 was the subject of a carry-over motion in the House of Lords on 9 September 2019, which was agreed without a division.10

The Bill brings forward temporary measures to support the delivery of the 2022 Commonwealth Games in Birmingham. The measures would:

• enable the Government to provide financial assistance to the Organising Committee for the Games;

• criminalise the unauthorised resale of Games tickets;

• create criminal offences for unauthorised trading and advertising in specified Games locations during particular periods;

• prohibit unauthorised association with the Games;

• ensure road regulation for Games purposes as well as ensuring effective coordination between the relevant transport and traffic authorities.

The Bill was originally introduced in the House of Lords on 5 June 2019 where it was broadly welcomed by the opposition parties.

Domestic Abuse Bill The Domestic Abuse Bill 2017-19 was the subject of a carry-over motion in the House of Commons on 2 October 2019, which was agreed without a division.11

10 HL Deb 9 September 2019 c1295 11 HC Deb 2 October 2019 c1333

8 Queen's Speech 2019

A draft Domestic Abuse Bill was considered by a Joint Committee earlier in the Session, see section 2.2.

Sentencing (Pre-consolidation Amendments) Bill [HL] The Sentencing (Pre-consolidation Amendments) Bill [HL] 2017-19 was the subject of a carry-over motion in the House of Lords on 5 September 2019, which was agreed without a division.12

High Speed Rail (West Midlands - Crewe) Bill (Hybrid Bill) The High Speed Rail (West Midlands - Crewe) Bill was introduced in the House of Commons on 17 July 2017. The Bill is a hybrid bill. The Bill received a second reading on 30 January 2018, and a carry-over motion to provide for its suspension at the end of the 2017-19 Session and for its resumption in the following Session was agreed to on the same day.13 The Bill has completed its passage through the House of Commons. The Bill received a second reading in the House of Lords on 9 September 2019, when a carry-over motion was agreed. It was committed to a select committee.14

2.2 Draft bills published in 2017-19 Session In addition to draft provisions for Finance Bills, eight draft bills were published in 2017-19. Three were subsequently introduced, completed their passage through Parliament and enacted. Of the remaining five, two have been introduced – one of those carried over; and three have not been introduced.

Table 1 lists the draft legislation that was published in 2017-19 and notes whether each draft bill was followed by a bill and, if so, the progress it made. Information on the scrutiny the draft bills (that were not enacted in 2017-19) received is provided below the table.

Table 1: Draft legislation published in 2017-19

Draft bill published Bill introduced Progress, if any

Draft Domestic Gas and Electricity (Tariff Cap) Bill

Domestic Gas and Electricity (Tariff Cap) Bill

Enacted

Draft Tenant Fees Bill Tenant Fees Bill Enacted

Draft Parliamentary Buildings (Restoration and Renewal) Bill

Parliamentary Buildings (Restoration and Renewal) Bill

Enacted

12 HL Deb 5 September 2019 c1234 13 HC Deb 30 January 2018 cc720-791 14 HL Deb 9 September 2019 cc1295-1336

9 Commons Library Briefing, 9 October 2019

Draft bill published Bill introduced Progress, if any

Draft Environment (Principles and Governance) Bill

Draft Domestic Abuse Bill

Domestic Abuse Bill Carried over awaiting committee stage

Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill

Animal Welfare (Sentencing) Bill

Fell at prorogation Bill was awaiting report stage

Draft Health Service Safety Investigations Bill

Draft Registration of Overseas Entities Bill

Draft Environment (Principles and Governance) Bill The draft bill was published on 19 December 2018.15

The draft bill was scrutinised by two committees. The Environmental Audit Committee’s report was published on 25 April 2019 and the Environment, Food and Rural Affairs Committee’s report was published on 30 April 2019.16

For information on plans to introduce an Environment Bill in the forthcoming session, see section 4.10.

Draft Domestic Abuse Bill The draft bill was published on 21 January 2019.17

The draft bill was scrutinised by a Joint Committee. The Committee’s report was published on 28 February 2019.18

The Domestic Abuse Bill 2017-19 was introduced in the House of Commons on 16 July 2019. It received a second reading and was carried over on 2 October 2019. (This Bill is also listed in section 2.1.)

15 Department for Environment, Food and Rural Affairs, Draft Environment (Principles

and Governance) Bill, Cm 9751, December 2018 16 Environmental Audit Committee, Scrutiny of the Draft Environment (Principles and

Governance) Bill, 25 April 2019, HC 1951; Environment, Food and Rural Affairs Committee, Pre-legislative scrutiny of the Draft Environment (Principles and Governance) Bill, 30 April 2019, HC 1893 2017-19

17 Home Office, Draft Domestic Abuse Bill, January 2019 [webpages] 18 Joint Committee on the Draft Domestic Abuse Bill, Draft Domestic Abuse Bill, 14

June 2019, HC 2075 2017-19

10 Queen's Speech 2019

Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill The draft bill was published on 12 December 2017.19

The draft bill was scrutinised by the Environment, Food and Rural Affairs Committee. The Committee’s report was published on 1 February 2018.20

The Animal Welfare (Sentencing) Bill 2017-19 was introduced in the House of Commons on 26 June 2019 but fell at prorogation.

Draft Health Service Safety Investigations Bill The draft bill was published on 14 September 2017.21

The draft bill was scrutinised by a Joint Committee. The Committee’s report was published on 2 August 2018.22

For information on plans to introduce a Healthcare Safety Investigation Bill in the forthcoming session, see section 4.5.

Draft Registration of Overseas Entities Bill The draft bill was published on 23 July 2018.23

The Joint Committee responsible for scrutinising the draft Bill published its report on 20 May 2019. The report was supportive of the Bill and concluded that the draft legislation was “timely, worthwhile, and, in large part, well drafted”.24 The Committee made a range of detailed recommendations to improve the Bill, with a particular area of concern being the timetable for the Bill and its interaction with the EU’s Fifth Anti-Money Laundering (AMLD5). The Committee recommended presenting the Bill at the same time as the Directive, and doing that in the 2017-19 Session.

For background, see the Library Briefing Paper on Registers of beneficial ownership (CBP 8259, 7 August 2019).

The UK agreed to implement AMLD5, the deadline is 10 January 2020. The European Parliament adopted the 5th Anti-Money Laundering Directive on 19 April 2018, and it entered into force on 9 July 2018. EU Member States had 18 months to implement AMLD 5 into national law (10 January 2020 deadline).25 If there is an implementation period, following a Brexit deal, this can be implemented by Regulation. If there is no implementation period, it can be implemented via another Bill such

19 Department for Environment, Food and Rural Affairs, Draft Animal Welfare

(Sentencing and Recognition of Sentience) Bill, December 2017 [webpages] 20 Environment, Food and Rural Affairs Committee, Pre-Legislative Scrutiny of the draft

Animal Welfare (Sentencing and Recognition of Sentience) Bill, 1 February 2018, HC 709 2017-19

21 Department of Health and Social Care, Draft Health Service Safety Investigations Bill, 14 September 2017 [webpages]

22 Joint Committee on the Draft Health Service Safety Investigations Bill, Draft Health Service Safety Investigations Bill: A new capability for investigating patient safety incidents, 2 August 2018, HC 1064 2017-19

23 Department for Business, Energy and Industrial Strategy, Draft Registration of Overseas Entities Bill [webpage], 23 July 2018

24 Joint Committee on the Draft Registration of Overseas Entities Bill, Report of Session 2017–19, HL Paper 358, 20 May 2019, p53

25 See Practical Law, Practice note, Hot topics: UK implementation of MLD5

11 Commons Library Briefing, 9 October 2019

as a Registration of Overseas Entities Bill or via the powers to be passed in a new Financial Services (Implementation of Legislation) Bill (see section 4.16 below). Otherwise, implementing AMLD5 will require its own primary legislation.

2.3 Bills commenced in 2017-19 that fell at prorogation

The following Government bills had not completed their passage through Parliament before prorogation, on Tuesday 8 October 2019, and therefore fell:

• Agriculture Bill 2017-19 (see also section 4.6) • Animal Welfare (Sentencing) Bill 2017-19 • Courts and Tribunals (Online Procedure) Bill [HL] 2017-19 (see

also section 4.12) • Divorce, Dissolution and Separation Bill 2017-19 • Financial Services (Implementation of Legislation) Bill [HL] 2017-

19 (see also section 4.16) • Fisheries Bill 2017-19 • Immigration and Social Security Co-ordination (EU Withdrawal)

Bill 2017-19 (see also section 4.2) • Non-Domestic Rating (Lists) Bill 2017-19 (see also section 4.17) • Non-Domestic Rating (Public Lavatories) Bill [HL] 2017-19 (see

also section 4.17) • Trade Bill 2017-19

12 Queen's Speech 2019

3. Bills previously announced

3.1 Overseas Electors Bill British citizens living overseas are entitled to be registered to vote in UK Parliamentary elections for up to 15 years in the constituency they were registered in before leaving the UK. They are not entitled to vote in UK local elections or elections to the devolved assemblies.

After the general election of 2015 the Government indicated that it would bring forward a Votes for Life Bill in the Queen’s Speech of 27 May 2015.26 The Government indicated that its provisions would abolish the 15 year rule: make it easier for overseas voters to cast their votes in time for them to be counted and allow for the secure and accessible registration of overseas voters.

This Bill was not introduced but, on 9 March 2016, Lord Bridges of Headley said that the government “will introduce a Bill in due course”.27

An Overseas Electors Bill was announced in the 2016 Queen’s Speech but never introduced.

However, it remained Conservative Party policy and a commitment to legislate for votes for life for British overseas electors” was included in the Party’s 2017 manifesto.28

In the 2017-19 Session, Glyn Davies introduced the Overseas Electors Bill 2017-19 via the private Members’ bill ballot. However, the Bill was still being debated at the moment of interruption on the final Friday allocated to PMBs in the Session.29

The Library Briefing Paper Overseas Electors Bill 2017-19 (CBP 8223, 10 September 2019) provides background.

3.2 Draft bill from earlier Sessions still under consideration

Draft Public Service Ombudsman Bill A draft Public Service Ombudsman Bill was announced in the Queen’s Speech 2015,30 and published in December 2016.31

A Library Briefing Paper, The Parliamentary Ombudsman: role and proposals for reform (CBP 7496), provides some background information.

26 Prime Minister’s Office Press Office, The Queen’s Speech 2015, 27 May 2015, pp96-

97 27 PQ HL6395 [on Political Parties: Finance], 9 March 2016 28 Conservative Party, Forward Together: The Conservative Manifesto, 2017, p42 29 HC Deb 22 March 2019 c1430 30 Prime Minister’s Office Press Office, The Queen’s Speech 2015, 27 May 2015,

pp102-103 31 Cabinet Office, Draft Public Service Ombudsman Bill, 5 December 2016 [webpages]

13 Commons Library Briefing, 9 October 2019

4. Bills foreshadowed This section reports statements or press speculation indicating that a particular issue could be the subject of future legislation – either mentioned in the Queen’s Speech or introduced in draft for pre-legislative scrutiny.

4.1 Possible defence related legislation Armed Forces Bill An Armed Forces Act is required every five years. The need for an Act dates back to the 1688 Bill of Rights which requires the consent of Parliament to be given to maintain an Army in time of peace. As such, one of the Act’s most important functions is to provide the legal basis for the Armed Forces to continue to exist as a disciplined force and the system of military law that exists in the UK.

The last Armed Forces Act received Royal Assent in 2016 and will expire in May 2021.

While it is not essential for an Armed Forces Bill to be introduced in the forthcoming Session, if the Session proceeds beyond October 2020 then it is possible that a Bill could be introduced.

Legal Protections In July 2019 the Government published a consultation on measures to provide legal protections to Armed Forces personnel and veterans serving in operations outside the UK.

The aim of these proposals is to afford greater protection from the threat of prosecution for alleged historical offences. They also seek to address the rise in civil litigation by placing greater restrictions on the time limit for bringing civil claims for personal injury and/or death in relation to historical events outside the UK.

The consultation closes on 13 October 2019, after which the Government has said that it will bring forward legislation when Parliamentary time allows.

New compensation scheme for those injured or killed on combat operations The Ministry of Defence intends to legislate for a new compensation scheme for deaths or injuries sustained by service personnel in combat. The Government says this is to avoid individuals or families pursuing lengthy claims in the courts. The MOD indicated in May 2019 that it intends to bring “forward legislation as soon as parliamentary time allows”.32

4.2 Immigration Primary legislation intending to repeal free movement of EEA nationals and associated rights is expected. Theresa May’s Government’s

32 HCWS1575, 21 May 2019

14 Queen's Speech 2019

Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 stalled after committee stage in March this year. Comments from Government ministers over the summer suggested that they were not planning to take this Bill forward. However, when setting out its no-deal immigration plans the Johnson Government confirmed that it would be introducing primary legislation to repeal free movement.33

4.3 Pensions A Pensions Bill is expected include provision for: pensions dashboards; collective defined contribution schemes; and new powers for the Pensions Regulator (TPR).

A pensions dashboard is a digital interface that enables people to see all their lifetime pension savings and their State Pension in one place. It is intended to help people engage and plan for retirement.34 The Government has decided that there should be multiple dashboards hosted by the pensions industry, alongside a non-commercial dashboard hosted by the Money and Pensions Service. Legislation is needed to compel pension schemes to provide individuals’ data via the dashboards. The intention is to introduce this in stages over a three to four-year timeframe.35 For more on the background, see Library Briefing Paper Pensions dashboards (CBP 8407, May 2019).

The Pensions Bill is also expected to enable Royal Mail to establish a collective defined contribution (CDC) scheme, but to do so in a way that could accommodate other models of CDC, if appropriate in future.36

There are currently two main categories of pension scheme. Defined benefit schemes (which provide a specified regular income based on salary and length of service) and defined contribution schemes (where the pension amount depends on contributions made, returns from investment and decisions made at retirement). CDC schemes offer a target income rather than a fixed promise. Employers contribute but beyond that do not carry ongoing risks relating to funding or longevity. In the event of the scheme being under or over-funded, adjustments to contributions or benefits can be considered to ensure the fund has sufficient assets to meet the liabilities related to its target incomes.37 Royal Mail reached an agreement with the Communication Workers’ Union in 2018 to introduce a CDC scheme.38

In its March 2018 White Paper Protecting Defined Benefit Pension Schemes (Cm 9591), the Government said it would legislate to give the

33 BBC News, Brexit: EU migration rules ‘ to end straight after no deal’, 19 August

2019; Home Office news, Government announces immigration plans for no deal Brexit, 4 September 2019

34 FCA, FAMR final report, March 2016, p47 35 DWP, Pensions dashboard: Government response to consultation, CP 75, April 2019,

chapter 1 36 DWP, Delivering collective defined contribution schemes: government response,

March 2019 37 HCWS 1422, 18 March 2019 38 Royal Mail Group and Communication Workers Union, Anticipated Collective

Defined Contribution pension design, November 2018

15 Commons Library Briefing, 9 October 2019

Pensions Regulator (TPR) powers “to punish those who deliberately put their pension scheme at risk by introducing punitive fines.” This is expected to include a new criminal offence to “punish those found to have committed wilful or grossly reckless behaviour in relation to a pension scheme and build on the existing process to support the disqualification of company directors.” 39

Press coverage has suggested that another White Paper proposal – to establish a framework for pension scheme consolidation – may not be in the forthcoming Bill.40

For more on the background, see Library Briefing Paper Defined benefit pension schemes - 2018 White Paper (CBP 8219, July 2019).

4.4 Schools – Elective home education Current position

This section concerns England only; education is a devolved policy area.

Under existing legislation, education is compulsory, but schooling isn’t. The responsibility for a child’s education rests with the parents and they have the right to choose to educate their children at home.

Parents who choose to home educate their children are responsible for ensuring that the education provided is efficient, full-time and suitable to the child’s age, ability and aptitude.

There is currently no legal obligation for a parent to register or inform a local authority that their child is being educated at home, although some local authorities operate voluntary registration schemes.

Parents must be prepared to assume full financial responsibility for home educating their children. Local authorities aren’t under any general requirement to provide financial or other support.

Proposals for legislation

Following an earlier call for evidence on home education, on 2 April 2019 the Department for Education (DfE) published a consultation on proposed legislation concerning children not in school.41 The consultation closed on 24 June 2019 and at the time of writing, the Government has yet to respond.

The consultation sought views on proposals to create four new duties in primary legislation. It also sought views on the practical ways in which the system would operate, to be set out in secondary legislation. The four proposals are:

• The introduction of a new duty in primary legislation on local authorities to maintain a register of children of compulsory school age who are not registered at a state-funded or registered independent school. The operational details of how local authorities would be required to maintain the

39 DWP, Protecting Defined Benefit Pension Schemes, Cm 9591, March 2018 40 Ibid, chapter 3; FT Adviser, July 2019; Pensions Age, 5 July 2019 41 Department for Education, Children not in school: proposed legislation Government

consultation, April 2019.

16 Queen's Speech 2019

register would be set out in regulations, to allow for changes in the light of experience. If the proposal is taken forward, the draft regulations would be available alongside the draft bill that will be published before being introduced into Parliament. The consultation states that the register would not change local authorities’ powers regarding assuring themselves of the suitability of education or their safeguarding duties.

• The introduction of a duty on parents to provide information to their local authority if their child is within scope of the register. The consultation states that this would help to ensure that the register maintained by a local authority is as complete as possible. As with the register, the basic duty would be provided for in primary legislation but the more detailed aspects would be contained in regulations. The Government states that it does not want to create a criminal offence for non-compliance or to introduce financial penalties. Rather, it proposes that failure of a parent to comply with the registration duty would be a trigger for the school attendance order process.

• The introduction of a duty on education settings attended by children on the register to respond to enquiries from local authorities about the education provided to individual children. The purpose would be to enable local authorities to obtain more complete information about where a child’s education takes place for entry onto the register. The consultation states that the proposals do not seek to extend existing monitoring or assessment powers of local authorities. It adds that the proposal would not amount to a scheme for regulating these settings, and the duty would not extend to settings providing supplementary education outside normal school hours.

• The introduction of a duty on local authorities to provide support to home educated families if requested by such families. The consultation notes that some may view such a duty as providing an excuse for increased interference from local authorities. It states that the Government does not accept this view, but does believe that the duty should be to provide support only if requested.

The DfE states that the proposals do not include any new powers for local authorities to monitor the suitability of education or any legislation on a more detailed definition of what constitutes a suitable education.42

The consultation document states that the proposals depend on gaining suitable parliamentary time for primary legislation and there would need to be an implementation period for local authorities. As a result, it says, no detailed timetable for implementation can be given and “full roll-out might be two to three years away.”43

Further information is available in Library Briefing, Home education in England CBP 5108, 24 July 2019).

42 Department for Education, Elective Home Education: Call for Evidence 2018:

Government consultation response, April 2019, pp9-10. 43 Department for Education, Children not in school: proposed legislation Government

consultation, April 2019, p9.

17 Commons Library Briefing, 9 October 2019

4.5 Health Integrated Care Bill A NHS England/NHS Improvement board paper dated 26 September 2019 recommends the introduction of an ‘NHS Integrated Care Bill’ in the next session of Parliament. Its purpose would be to make it easier for different parts of the NHS to work together. It would also repeal certain sections of the Health and Social Care Act 2012 relating to competition, and limit the use of competitive tendering for NHS contracts.44

On 25 September 2019, the Guardian reported that “health service bosses expect Downing Street to include [the Bill] in the Queen’s speech next month”.45

Healthcare Safety Investigation Bill On 18 September 2019 the Health Service Journal reported that the Health Minister Nadine Dorries had said that she was sure a Healthcare Safety Investigation Bill would be in the next Queen’s Speech.46

In April 2016, the Healthcare Safety Investigation Branch (HSIB) was set up to investigate serious patient safety incidents in England, to enable wider system learning. The Government published the draft Health Service Safety Investigations Bill in September 2017. The draft Bill proposed to establish the Health Service Safety Investigations Body (HSSIB) as an independent statutory body, with legislative powers to conduct investigations. These included provisions for the creation of ‘safe space’ investigations, so that information provided to HSSIB as part of an investigation would only be disclosed in certain limited circumstances. It would also provide for some enforcement powers, such as financial penalties for NHS Trusts that fail to cooperate with HSSIB investigations.

4.6 Agriculture Bill The Agriculture Bill 2017-19 was introduced in September 2018 and completed its Committee Stage in the Commons in November 2018. The Bill failed to complete its passage through Parliament before the end of the session and will make no further progress. However, the Secretary of State for Environment, Food and Rural Affairs said on 9 September that she hoped to reintroduce the Bill “soon” and to make progress on it as soon as possible after Parliament returns. The farming sector expressed frustration at the delay in the Bill’s progress earlier in 2019. The National Farmers’ Union however said in response to the 2017-19 Bill falling that the timetable for changing farm payments should be delayed by at least a year (to start from 2022), and that the implications of a no deal Brexit needed to be considered.

44 NHS England/NHS Improvement, The NHS’s recommendations to Government and

Parliament for an NHS Integrated Care Bill, Board Paper, 26 September 2019 45 Denis Campbell, “NHS privatisation to be reined in under secret plan to reform

care”, Guardian, 25 September 2019 46 HSJ, Queen’s Speech may include new powers for fining trusts, 19 September 2019

18 Queen's Speech 2019

Key measures: reforming farm support

The 2017-19 Bill provided for a range of enabling powers to ensure “stability” for farmers as the UK exits from the EU’s Common Agricultural Policy (CAP) at Brexit and compliance with the World Trade Organisation Agreement on Agriculture, alongside measures to improve fairness in the agri-food supply chain. It also included new measures to change the way in which farmers and land managers are supported in the longer term. The Library briefing The Agriculture Bill 2017-19 (CBP 8405, 25 October 2018) provides further information.

The UK Government said that the Bill was “a deliberate departure” from the CAP approach with payments to be made in the future for the provision of public goods, such as environmental improvements, and direct farm support payments being phased out. Although the Bill’s approach was broadly supported by the farming sector as well as other stakeholders such as green groups, farmers have criticised the lack of measures to support food production as a specific purpose. Farmers are also concerned that although farm support funding is guaranteed to continue at current levels until the end of this Parliament, there is no commitment on longer-term levels of support.

Agriculture is a devolved matter. The main body of the 2017-19 Bill applied to England. However, schedules for Wales and Northern Ireland extended similar powers to Welsh Ministers and the Northern Ireland Department for Agriculture, Environment and Rural Affairs (DAERA) so that they can start preparing replacement schemes. The Scottish Government did not take up the offer of powers in the Bill as it has been in disagreement with the UK Government about its overall approach to repatriating EU powers in devolved areas of competence. Scotland is however covered by the UK-wide provisions in the Bill: for example, relating to the World Trade Organisation.

4.7 Sentencing of offenders An article in the Telegraph mentioned the possibility of a Sentencing Bill:

The Telegraph can disclose that Downing Street will use the prorogation of Parliament to relaunch the Prime Minister's domestic policy agenda by unveiling a tough new approach to criminal justice. (…) Mr Johnson will use the Queen's Speech to announce a new Sentencing Bill and plans to introduce statutory instruments - allowing the provisions of an Act to be subsequently brought into force without Parliament having to pass a new Act - in the week of Oct 14.47

The Government made an announcement on sentencing, Violent and sexual offenders to spend longer behind bars (1 October 2019).

47 “Life will mean life for child killers: Boris Johnson plans tougher sentences for worst

offenders”, Telegraph, 14 September 2019

19 Commons Library Briefing, 9 October 2019

4.8 Housing Leasehold and Commonhold Reform The Government has committed to:

• legislate to prohibit the creation of new residential long leases on houses, whether newly built or on existing freehold houses, other than in exceptional circumstances;

• restrict ground rents in newly established leases of houses and flats to a peppercorn value;

• Address loopholes to improve transparency and fairness for leaseholders and freeholders; and

• Work with the Law Commission to support existing leaseholders. This will include making buying a freehold or extending a lease “easier, faster, fairer and cheaper.”

For detailed information see the Library Briefing Paper: Leasehold and commonhold reform (CBP 8047, 6 August 2019).

There is also a commitment to give freeholders equivalent rights to challenge service charges as long leaseholders. For more information see the Library Briefing Paper: Freehold houses: estate charges (CBP 8497, 20 August 2019).

The private rented sector The Government has committed to the introduction of statutory regulation of letting and managing agents, enforced by an independent regulator. There is also a commitment to require all private landlords to be members of a redress scheme. See the Library paper: The regulation of letting and managing agents (England) (CBP 8047, 16 May 2018) for more detail. A Working Group led by Lord Best was established to develop the regulatory regime. Membership of the Group and its terms of reference were published on 12 October 2018. The Group’s report was published in July 2019.

The Government is currently consulting on proposals to abolish the use of ‘no-fault’ section 21 evictions under the Housing Act 1988 and to amend the section 8 eviction process. The consultation closes on 12 October 2019. For more information see the Library briefing: The end of 'no fault' section 21 evictions (CBP 8658, 27 September 2019).

Consumer redress The Government has committed to bring forward legislation to strengthen consumer redress in housing. Legislation would require:

• private rented sector landlords to be a member of a redress scheme;

• freeholders of leasehold properties to be a member of a redress scheme;

• developers of new-build homes to belong to a New Homes Ombudsman; and

• possible creation of a dedicated housing court.

20 Queen's Speech 2019

For more information see the Ministry of Housing, Communities and Local Government consultation paper: Strengthening consumer redress in the housing market (February 2018) and A summary of responses together with the Government’s response (January 2019).

Mobile (park) homes The Government has committed to strengthening the existing mobile homes legislation and addressing some ongoing issues. For more information see: Library briefing papers, Mobile (park) homes (SN01080, 28 June 2019) and Mobile (park homes): 10% commission on sales (SN07003, 26 June 2019)

4.9 Regulating Buildings Legislation is expected in the next session for a new system for regulating high rise buildings. This could feature in the October 2019 Queen’s Speech.

Following the Grenfell Tower fire, the Government asked Dame Judith Hackitt to lead a review of building regulations and fire safety. This reported in May 2018 with the Government publishing an Implementation Plan in December 2018. Background is given in the Library briefing : Building Regulations and Safety: Review and Reforms (CBP 8482, 22 May 2019).

A consultation, Building a Safer Future: Proposals for reform of the building safety regulatory system, was launched on 6 June 2019 and closed on 31 July 2019. The Government have not yet responded. The consultation sought views on a new regime for managing safety in high-rise buildings, including the scope of the new regime, new ‘dutyholder’ responsibilities for buildings 18 metres and above in height, the role of residents, the roles and responsibilities of a new national building safety regulator, and enforcement, sanctions and compliance.

On 5 September 2019, Robert Jenrick, Secretary of State for Housing, Communities and Local Government set out the new Government’s position on building safety:

…Secondly, with respect to the “Building a Safer Future” consultation, I intend to respond by the end of the year and to legislate at the earliest opportunity. I believe that we should establish a new building safety regulator to oversee the new regulatory regime for buildings. However, it is clear that we need to act now, so we are working with the Health and Safety Executive to use its experience to set up the regulator in shadow form prior to new legislation, and I want to see that happen as soon as practicable. We will take decisions on the regulator’s long-term functions and structure during autumn. Again, I will update the House accordingly.48

The legislation may cover other areas of building law and is expected to principally cover England only; building regulation is a devolved area of responsibility.

48 HC Deb 5 September 2019 c372-3

21 Commons Library Briefing, 9 October 2019

4.10 Environment Bill In July 2018, the then Prime Minister Theresa May announced a new Environment Bill. A subsequent Government press release confirmed the Bill would be “introduced early in the second session of parliament” and set out the scope of the Bill to include provisions on:

• air quality;

• protection and enhancement of landscapes;

• wildlife and habitats;

• more efficient handling of resources and waste;

• better management of surface, ground and waste water.49

These policy areas pick up on the main commitments in the Government’s 25 year environment plan, published in January 2018. In July 2019, the Government published a summer policy statement on the Environment Bill providing more detail on the proposals.50

The Bill is preceded by some draft clauses—the draft Environment (Principles and Governance) Bill 2017-19—which were subject to pre-legislative scrutiny by both the Environment, Food and Rural Affairs Committee and the Environmental Audit Committee.51 These draft clauses set out the Government’s proposals for environmental governance and environmental principles in the UK after Brexit. Further information on the draft clauses is available in the Library Briefing Paper on Environmental Principles and Governance: the draft Bill (CBP 8484, 30 January 2019).

4.11 European Union (Withdrawal Agreement) Bill

The European Union (Withdrawal) Act 2018 imposes statutory conditions on the ratification of any negotiated withdrawal agreement treaty to be entered into between the European Union and the United Kingdom. Section 13(1) of that Act provides, among other things, that:

an Act of Parliament [must first have been] been passed which contains provision for the implementation of the withdrawal agreement.

Similar restrictions also apply to the implementation of a withdrawal agreement by delegated legislation. The power in section 9 of the Act can only be used:

subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the EU.

49 Gov.uk press release, New environment protections set out in flagship bill, 19

December 2018 [accessed: 25 September 2019] 50 Gov.uk, Environment Bill summer policy statement: July 2019, updated 23 July 2019

[accessed 25 September 2019] 51 See: Environment, Food and Rural Affairs Committee, Pre-legislative scrutiny of the

Draft Environment (Principles and Governance) Bill, 30 April 2019; Environmental Audit Committee, Scrutiny of the Draft Environment (Principles and Governance) Bill, 25 April 2019

22 Queen's Speech 2019

The May Government published a white paper Legislating for the Withdrawal Agreement between the United Kingdom and the European Union in July 2018, addressing in high level terms the approach a Withdrawal Agreement Bill was likely to take with regard to citizens’ rights, transition, the financial settlement and other separation issues. However, since then, the Government has not published (for example) a draft of the Bill’s key provisions.52

The exact content of any such Bill will depend upon whether and on what terms a withdrawal agreement is to be brought forward for ratification (especially in the context of the Northern Ireland backstop).

4.12 Courts and Tribunals (Online Procedure) Bill

The Government introduced, in the House of Lords, the Courts and Tribunals (Online Procedure) Bill in May 2019. The Bill resurrected proposals – originally contained in Part 2 of the Prisons and Courts Bill from the 2016-17 Parliamentary session – to facilitate greater use of electronic proceedings as alternatives to physical in-person or on-papers court or tribunal proceedings.

The Bill completed all of its Lords stages and further completed its Committee Stage in the House of Commons just before summer recess, but failed to pass before the end of the 2017-19 session. The Bill was not subject to a carry-over motion, meaning that if these or similar proposals are to be resurrected, a Bill will have to begin afresh.

The Bill would have provided a framework under which bespoke Online Procedure Rules would govern when, how, and subject to what oversight, proceedings are to be conducted by electronic means. The Bill further would have provided for the creation of a new public body, the Online Procedure Rule Committee, and for the delegation of key powers to it and to the Lord Chancellor. The Library’s briefing paper on the Bill (as passed by the House of Lords) is available here:

• Courts and Tribunals (Online Procedure) Bill 2017-19 [HL] (CBP 8621, 12 July 2019)

4.13 Transport In speeches and social media comments since July, the Prime Minister and the Secretary of State for Transport, Grant Shapps, have given some indication of where their transport priorities will lie over the coming session.

The only piece of transport-related legislation we know will come before Parliament is the High Speed Rail (West Midlands - Crewe) Bill, which received Second Reading in the House of Lords and will be carried over

52 Immediately prior to the resignation of Theresa May as Leader of the Conservative

Party and subsequently as Prime Minister, the Government had announced it was going to publish the Withdrawal Agreement Bill. This commitment appears to have been superseded by events, with the Johnson Government being unwilling (at this stage at least) to proceed to attempt to ratify the Withdrawal Agreement in its current form.

23 Commons Library Briefing, 9 October 2019

into the new session to complete its passage. The Government-commissioned Oakervee Review of the High Speed 2 rail scheme is due to report in the autumn and this may impact on the legislation. If HS2 proceeds, and to its current schedule, the third and final Bill for the scheme – beyond the West Midlands and Crewe – is planned to be introduced sometime in 2020.

Other transport projects that the Government has spoken positively about – such as Northern Powerhouse Rail, the East-West Rail project (between Oxford and Cambridge), and major road upgrades – do not require primary legislation. When they are ready for progression they will likely use the Transport and Works Act Order process. The only other rail scheme that is likely to require primary legislation is Crossrail 2, but it is as yet unclear when or if this will be brought forward.

More broadly on rail, the Government’s Rail Review, chaired by Keith Williams, will report this autumn and the Government will publish a White Paper setting out its long-term aspirations for reform of the sector. This is likely to involve primary legislation to create new statutory bodies and shift responsibilities. It is unclear as yet whether this would be a draft Bill, which could involve pre-legislative scrutiny from the Transport Select Committee.

On local transport, Ministers have indicated that they are open to changing their approach to bus franchising, though this is unlikely to mean changes to primary legislation, rather more extensive use of the powers already granted Ministers under the Bus Services Act 2017. On taxis and private hire, there has been an ongoing campaign for more than five years to get the Government to bring forward legislation to reform the sector. A Government commissioned review in 2018 recommended wholesale change. The previous Secretary of State for Transport told the Transport Committee in July that legislation is being prepared to tackle cross-border hiring and other issues and we may see this in the Queen’s Speech.

Finally, on sustainable transport, clean air zones – expected in towns and cities across the UK from 2020 and which will involve restrictions on the sorts of traffic permitted in town and city centres – do not require any primary legislation. Similarly, Government plans to promote electric vehicles can be taken forward under the Automatic and Electric Vehicles Act 2018 and should not require further legislation.

4.14 Northern Ireland: budget legislation Northern Ireland has not had a fully-functioning Executive or Assembly since January 2017 and no budget had been passed by July 2017 (a statutory deadline).

Since later 2017, the UK Government has been introducing legislation to set budgets for the Northern Ireland departments. Most recently, the Northern Ireland Budget (Anticipation and Adjustments) Act 2019 provided authorisations and appropriations for a vote on account, although this time approximately 70% of the amount authorised for the previous financial year.

24 Queen's Speech 2019

The amounts authorised and appropriated under the Northern Ireland Budget (Anticipation and Adjustments) Act 2019, however, will begin to be exhausted as of 31 October 2019, and therefore further legislation will be required to provide the authorisations and appropriations for the balance to complete each department’s full 2019/20 cash and resource requirements.

4.15 Northern Ireland: institutional historical abuse cases

On 5 September 2019, in response to Ian Paisley, Julian Smith, Secretary of State for Northern Ireland, said that: “I hope we will be introducing [a report or a Bill on institutional historical abuse cases]”.53

4.16 Financial services A resurrection in one form or another of Financial Services (Implementation of Legislation) Bill 2017-19, if the Queen’s Speech assumes a no deal exit or wants to prepare for it. The Bill allows the UK to keep pace with EU financial services regulations in the event of no deal, which the UK would want to do in order to safeguard equivalence, and thus ensure continuity and financial stability in the short term.

4.17 Local government Devolution The Chancellor, Sajid Javid, announced at the Conservative Party conference that a White Paper on English devolution would be published before the end of 2019. The Municipal Journal reported that ‘devolution legislation’ would be included in the Queen’s Speech, but it is not immediately clear what such legislation would include if a White Paper is planned

Funding The Government has postponed the implementation of the Fair Funding Review and the move to 75% business rate retention from 2020-21 to 2021-22. It is likely, though not certain, that legislation to make this change will be introduced in the upcoming Session of Parliament. The changes would need to take effect from 1 April 2021.

Non-domestic rates Two local government Bills were amongst those that fell as a result of prorogation: the Non-Domestic Rating (Lists) Bill and the Non-Domestic Rating (Public Lavatories) Bill. The former would bring forward the next business rate revaluation in England to 1 April 2021; it seems likely that this Bill will reappear in the coming Session. The latter fulfils a Government commitment to exempt public toilets from business rates from 1 April 2020. Thus it seems likely that this Bill will reappear in the coming Session.

53 HC Deb 5 September 2019 c368

25 Commons Library Briefing, 9 October 2019

4.18 Espionage Bill In May Sajid Javid, in a speech at New Scotland Yard, announced that the Home Office was preparing an Espionage Bill, which might include reforming the law of treason.

4.19 Replacing the European Arrest Warrant On 4 September 2019, Deputy Assistant Commissioner Richard Martin told the Home Affairs Select Committee that the Home Office is drafting legislation relating to replacement arrangements for the European Arrest Warrant which they hope to get in to the next session.54

4.20 Legislation on employment status Employment status is one of the fundamental features of employment law. There are a number of definitions used in different pieces of legislation. Broadly speaking there are three categories of people: employees (who enjoy the full range of statutory employment rights); workers (who enjoy a limited subset of basic employment rights); and the self-employed (who fall outside the scope of employment law). The distinction between the different statuses is largely determined on the basis of principles set out in case law. For background, see Employment Status, Commons Library Briefing Paper (CBP-8045, 28 March 2018).

The Taylor Review of Modern Working Practices, published in July 2017, recommended that the Government legislate to set out a new employment status test with the key principles set out in primary legislation. It also called for ‘workers’ to be renamed ‘dependent contractors’ and for the employment status tests in employment and tax law (which are currently different) to be aligned. In the Good Work Plan, published in December 2018, the Government undertook to bring forward legislation clarifying the employment status test. The Government has yet to give an indication of when the legislation will be published.

4.21 Northern Ireland: direct rule Following an Urgent Question on Northern Ireland on 5 September 2019, ITV reported that Julian Smith, Secretary of State for Northern Ireland, had “hinted that the government may need to introduce direct rule at the 'earliest opportunity' if a Stormont executive is not formed”.55

ITV quoted Mr Smith as responding that:

If we cannot secure the restoration of an Executive, we will pursue the decision-making powers that are needed at the earliest opportunity.56

54 Home Affairs Committee, Oral Evidence: Home Office preparations for Brexit, 4

September 2019, HC 2612 2017-19, Q38 55 ITV, NI Secretary hints at direct rule at ‘earliest opportunity’, 5 September 2019 56 HC Deb 5 September 2019 c363

26 Queen's Speech 2019

However, in response to direct questions regarding the prospect of legislation, the Secretary of State said that “the priority has to be getting Stormont up and running”.57

Primary legislation will only be necessary if Direct Rule is to be (re)introduced. The previous legislation enabling direct rule (the Northern Ireland Act 2000) was repealed by the Northern Ireland (St Andrews Agreement) Act 2006 and the Northern Ireland (St Andrews Agreement) Act 2007.

57 HC Deb 5 September 2019 c367

27 Commons Library Briefing, 9 October 2019

5. Queen’s Speech The State Opening of Parliament marks the beginning of the parliamentary session. Its main purpose is for the monarch formally to open Parliament and, in the Queen’s Speech, deliver an outline of the Government's proposed policies and legislation for the coming session of Parliament.

The State Opening State Opening is the main ceremonial event of the parliamentary calendar, attracting large crowds, both in person and watching on television and the internet. The Queen’s procession from Buckingham Palace to Westminster is escorted by the Household Cavalry.

The Queen arrives at the Sovereign’s Entrance at about 11.15am, and proceeds to the Robing Room, where she puts on the Imperial State Crown and parliamentary robe. A procession then leads through the Royal Gallery to the Chamber of the House of Lords, where the Queen takes the Throne.

The House of Lords official known as ‘Black Rod’ is sent to summon the Commons. In a symbol of the Commons’ independence, the door to their chamber is slammed in her face and not opened until she has knocked on the door with her staff of office. The Members of the House of Commons follow Black Rod and the Commons Speaker to the Lords Chamber and stand behind the Bar of the House of Lords (at the opposite end of the Chamber from the Throne) to hear the Queen’s Speech.

Queen’s Speech The Queen’s Speech is delivered by the Queen from the Throne in the House of Lords, in the presence of Members of both Houses.

Although the Queen reads the Speech, the content is entirely drawn up by the Government and approved by the Cabinet. It contains an outline of the Government’s policies and proposed new legislation for the new parliamentary session.

Debate on the Queen’s Speech Following the State Opening, a motion that the House sends a ‘Humble Address’ to the Queen thanking her for the Speech is introduced in both Houses. The Government’s programme, as presented in the Queen’s Speech, is then debated by both Houses for four or five days. In the House of Commons, the debate on the first day is a general one, with the following day’s debates on particular subjects (such as health or foreign affairs). The Queen’s Speech is voted on by the Commons, but no vote is taken in the Lords.

History of State Opening Traditions surrounding the State Opening and delivery of a speech by the monarch can be traced back at least to the 16th century. The

28 Queen's Speech 2019

current ceremony dates from the opening of the rebuilt Palace of Westminster in 1852 after the fire of 1834.58

A similar description of the State Opening of Parliament used to appear on the Royal website. It noted that the ceremony “brings together the three elements of the legislature (the House of Commons, the House of Lords and The Queen)”, and then described the traditions associated with the ceremony:

As Head of State, it is the duty of The Queen formally to open each new session of Parliament.

[…]

Her Majesty has only missed two during her reign. The first time was in 1959 when she was pregnant with Prince Andrew and the second in 1963 when she was expecting Prince Edward.

[…]

Before The Queen travels to Parliament from Buckingham Palace, certain traditional precautions are observed.

A detachment of The Queen's Body Guard of the Yeomen of the Guard searches the cellars of the Houses of Parliament.

This tradition dates back to the Gunpowder Plot of 1605, when Guy Fawkes was arrested whilst preparing to blow up Parliament. Today, the Yeomen of the Guard continue this historic search, in addition to the security checks by police.

Another tradition is the 'hostage' MP, a Government whip who is held at Buckingham Palace to guarantee the safe return of the monarch.

The custom dates back to centuries when the monarch and Parliament were on less cordial terms.

Once these precautions have been taken, The Queen travels from Buckingham Palace in a State coach to the Palace of Westminster, usually accompanied by The Duke of Edinburgh.

The Imperial State Crown travels in its own carriage, ahead of The Queen, escorted by Members of the Royal Household.

On arrival, The Queen puts on the Imperial State Crown and her parliamentary robe ready for the ceremony itself. This takes place in the House of Lords.

Some 250 representatives of the House of Commons are summoned by Black Rod, who acts as The Queen's Messenger.

By tradition, the door of the House of Commons is slammed in Black Rod's face. It is then reopened to enable Black Rod to convey the Sovereign's summons to the Speaker.

This tradition is a reminder of the right of the Commons to exclude everyone but the Sovereign's messengers.

No monarch has set foot in the Commons since Charles I entered the Commons and tried to arrest five Members of Parliament in 1642.59

58 Houses of Parliament, State Opening of Parliament 59 The Royal Website, State Opening of Parliament [last accessed 13 March 2013]

29 Commons Library Briefing, 9 October 2019

6. Progress of Bills announced in the Queen’s Speech 2017

On 21 June 2017, the Queen’s Speech was made from the throne in the House of Lords. On 22 June 2017, Andrea Leadsom, the Leader of the House of Commons, issued a written statement in which she listed the Bills that were announced the previous day.60 Her list (excluding three draft bills and three Finance Bills) is repeated below along with an indication of whether a bill was introduced. Those measures that have been enacted are noted (in bold). Any carry-over motions relating to Queen’s Speech bills in the 2017-19 Session are noted.

Bill Summary of progress

Agriculture Bill Agriculture Bill 2017-19

Armed Forces (Flexible Working) Bill

Armed Forces (Flexible Working) Act 2018

Automated and Electric Vehicles Bill

Automated and Electric Vehicles Act 2018

Civil Liability Bill Civil Liability Act 2018

Courts Bill Courts and Tribunals (Judiciary and Functions of Staff Act 2018

Courts and Tribunals (Online Procedure) Bill [HL] 2017-19

Customs Bill Taxation (Cross-border Trade) Act 2018

Data Protection Bill Data Protection Act 2018

European Union (Approvals) Bill European Union (Approvals) Act 2017

Financial Guidance and Claims Bill

Financial Guidance and Claims Act 2018

Fisheries Bill Fisheries Bill 2017-19

High Speed Rail (West Midlands - Crewe) Bill

High Speed Rail (West Midlands - Crewe) Bill 2017-19 hybrid bill – carried over

60 HCWS2, 22 June 2017

30 Queen's Speech 2019

Bill Summary of progress

Immigration Bill Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19

International Sanctions Bill Sanctions and Anti-Money Laundering Act 2018

National Insurance Contributions Bill

National Insurance Contributions (Termination Awards and Sporting Testimonials) Act 2019

Nuclear Safeguards Bill Nuclear Safeguards Act 2018

Repeal Bill European Union (Withdrawal) Act 2018

Smart Meter Bill Smart Meters Act 2018

Space Industry Bill Space Industry Act 2018

Trade Bill Trade Bill 2017-19

Travel Protection Bill Air Travel Organisers’ Licensing Act 2017

Goods Mortgages Bill (a Law Commission Bill)

Not introduced.61

A full list of Government bills introduced in 2017-19, and details of their progress can be found, using the drop down menus on the Bills before Parliament 2017-19 webpage on the parliamentary website.

The Government introduced other bills during the course of the Session. Not all of the bills introduced were enacted. A list of Government bills that fell at prorogation is given in section 2.3.

61 HC Deb 12 June 2018 cc338WH

BRIEFING PAPER Number 8679 9 October 2019

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