Wikipedia

Powers of the home secretary

The home secretary is one of the most senior and influential ministers in the UK government, and the holder of a Great Office of State. The home secretary's remit includes law enforcement in England and Wales, matters of national security, issues concerning immigration, and oversight of the Security Service (MI5).

The home secretary's exercise of these powers is dependent on the ongoing consent and agreement of the prime minister and the rest of the Cabinet, as required by the doctrine of Cabinet collective responsibility. The prime minister can overrule the home secretary's individual decisions. For example, Boris Johnson reportedly overruled home secretary Priti Patel on closing UK borders,[1][2] and Margaret Thatcher overruled home secretary Leon Brittan on parole for Ian Brady and Myra Hindley.[3] The prime minister can dismiss the home secretary.[4]

Overview

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The Policing Protocol Order 2011 sets out the roles and responsibilities of different bodies.[5] For the home secretary, it states:

The Home Secretary is ultimately accountable to Parliament and charged with ensuring the maintenance of the Queen's Peace within all force areas, safeguarding the public and protecting our national borders and security. The Home Secretary has reserved powers and legislative tools that enable intervention and direction to all parties, if it is determined by the Home Secretary that such action is necessary in order to prevent or mitigate risk to the public or national security. Such powers and tools will be used only as a last resort, and will not be used to interfere with the democratic will of the electorate within a force area, nor seek to interfere with the office of constable, unless the Home Secretary is satisfied on the advice of Her Majesty's Inspectorate of Constabulary that not to do so would result in a police force failing or national security being compromised.

The Home Secretary retains the legal accountability for national security and the role that the police service plays within the delivery of any national response. The Home Secretary has a duty to issue a Strategic Policing Requirement that sets out what are, in her view, the national threats at the time and the appropriate national policing capabilities that are required to counter them.[6]

Law enforcement

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The home secretary has oversight of law enforcement in England and Wales, and UK-wide elements of law enforcement. Law enforcement within Scotland and Northern Ireland is largely devolved.[7][8]

Policing

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Home Secretary Yvette Cooper visits the Metropolitan Police in Lewisham.

The Police Act 1996 provides any secretary of state,[9] in practice the home secretary, with powers including:

  • The power to direct a police force they are satisfied is failing, or will fail, to discharge any of its functions in an effective manner, to take specified measures.
  • The power to require a chief officer of police of any police force to provide them with information on such matters as they specify, and require a chief officer to publish this information.
  • The power to approve (or not) codes of practice issued by the College of Policing.
  • The power to alter police areas by order.[10]

The Police Reform and Social Responsibility Act 2011 amended the Police Act 1996, so it requires any secretary of state,[11] in practice the home secretary,[12] to issue a document called the Strategic Policing Requirement, and update it from time to time, that sets out the current national threats and the national policing capabilities needed to counter them. Police and crime commissioners and chief constables must have regard to this when carrying out their functions.[12] For example, Tom Winsor, when Chief Inspector of Constabulary in 2021, wrote that, 'In 2015, the then Home Secretary, Theresa May, added child sexual abuse to the Strategic Policing Requirement as a new national threat. This meant that the National Crime Agency (NCA) and the police have to give special emphasis to tackling child sexual abuse.'[13]

 
Home Secretary Yvette Cooper speaking at the Association of Police and Crime Commissioners Annual General Meeting.

The home secretary also influences the way policing is conducted by, for example, meeting with police leaders to establish priorities and hold them to account,[14] publicly calling on the police to enforce particular laws,[15][16] and setting standards and expectations by writing letters[17] and making speeches[18] to police leaders or police officers.

The home secretary is the sole shareholder and owner of the College of Policing Limited, a company limited by guarantee.[19] Therefore the home secretary has corporate powers in respect of the College derived from the Companies Act 2006.[19][20] The home secretary appoints its chair[21] and its chief executive officer.[22] The Anti-Social Behaviour, Crime and Policing Act 2014 provides the home secretary with a power of veto regarding any regulations the College requests to make,[23] and a power to direct the College to exercise any of its functions.[24]

The Police, Crime, Sentencing and Courts Act 2022 requires any secretary of state,[25] in practice the home secretary,[26] to lay before Parliament each financial year a Police Covenant annual report.

The home secretary has no power to direct individual police operations, as police forces have operational independence from the government.[27][28] However, what constitutes legitimate oversight and what constitutes interference in operational decision-making can be disputed.[29][30]

Early release of prisoners on compassionate grounds

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The Crime (Sentences) Act 1997 provides any secretary of state with the power to release a life prisoner on compassionate grounds,[31] and the Criminal Justice Act 2003 provides the same power for fixed-term prisoners.[32] Previously, these powers were exercised by the home secretary.[33][34] However, they are now exercised by the justice secretary.[35][36]

Legislation

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The home secretary initiates and guides legislation through Parliament that creates and abolishes offences, and sets or changes their punishment,[37] thereby shaping society. For example, Home Secretary Roy Jenkins oversaw measures such as the effective abolition in Britain of both capital punishment and theatre censorship, the partial decriminalisation of homosexuality, relaxing of divorce law, suspension of birching and the liberalisation of abortion law.[38] Simon Heffer wrote that, 'Bogdanor correctly identifies the massive social changes Roy Jenkins accomplished as Home Secretary, which largely invented the society in which, for better or worse, we live today.'[39]

The home secretary also guides legislation through Parliament that changes policing structures. For example, the Police Reform and Social Responsibility Act 2011 transferred the control of police forces from police authorities to elected Police and Crime Commissioners.

Appointments

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Senior policing roles

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Left to right: Home Secretary Amber Rudd; Cressida Dick, about to be appointed Metropolitan Police Commissioner; and Mayor of London Sadiq Khan.

Under the Police Reform and Social Responsibility Act 2011, the Metropolitan Police Commissioner, regarded as the highest rank in British policing, and Deputy Commissioner are formally appointed by the king on the recommendation of any secretary of state,[40] in practice the home secretary.[41][42] The Commissioner and Deputy Commissioner then hold office at His Majesty's pleasure.[40] The home secretary may require the Mayor's Office for Policing and Crime to call upon the Commissioner or Deputy Commissioner to retire or resign, or to suspend the Commissioner or Deputy Commissioner.[43]

The Crime and Courts Act 2013 requires any secretary of state,[44] in practice the home secretary,[45] to select and appoint the Director-General of the National Crime Agency, and determine the terms and conditions of their appointment. The home secretary determines the strategic priorities for the National Crime Agency, but the Director-General has the power to decide which operations to mount, and how they will be conducted.[46] The home secretary may call upon the Director General to resign or retire, who must then do so.[47]

Oversight of policing

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Under the Police Act 1996, inspectors in His Majesty's Inspectorate of Constabulary, and the Chief Inspector of Constabulary, are appointed by the king on the advice of any secretary of state,[48] in practice the home secretary.[49] The annual inspection programme is subject to the approval of the home secretary, who may also require further inspections of police forces, beyond the terms of the annual inspection programme, to be conducted.[50][48]

Under a 2017 addition to the Police Reform Act 2002, any secretary of state,[51] in practice the home secretary,[52] may, by regulations, designate an organisation as able to make a super-complaint to Her Majesty's Chief Inspector of Constabulary that a feature of policing in England and Wales by one or more police forces is significantly harming the interests of the public.[53] The secretary of state does this after applying criteria specified in regulations made by the secretary of state.[54]

Under a 2017 amendment to the Police Reform Act 2002, the Director General of the Independent Office for Police Conduct is appointed by the king[55] on the advice of the home secretary.[56] The act also requires any secretary of state,[57] in practice the home secretary,[56] to appoint the non-executive directors. The secretary of state can require the IOPC to make reports to them at any time.[58]

Commissioners

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Under the Domestic Violence, Crime and Victims Act 2004, the justice secretary must consult the home secretary before appointing a Commissioner for Victims and Witnesses.[59]

The Modern Slavery Act 2015 requires any secretary of state,[60] in practice the home secretary,[61][62] to appoint an Independent Anti-Slavery Commissioner.

Other appointments

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The Anti-social Behaviour, Crime and Policing Act 2014, which established the Police Remuneration Review Body, provides for any secretary of state,[63] in practice the home secretary,[64] to appoint five or more members of this Body, including the deputy chair.

Under the Protection of Freedoms Act 2012, any secretary of state,[65] in practice the home secretary,[66][67] appoints the chair and board members of the Disclosure and Barring Service.

National security

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Home Secretary Jacqui Smith meets with US Secretary of Homeland Security Michael Chertoff.

The prime minister is the minister responsible for national security, and matters affecting SIS, MI5 and GCHQ collectively.[68] However, the home secretary also retains legal accountability for national security.[6]

MI5 operates under the authority of the home secretary, who is accountable to Parliament for its work.[69] Under the Security Service Act 1989, any secretary of state,[70] in practice the home secretary,[71] appoints the Director General of MI5. The home secretary personally signs warrants, issued under the Investigatory Powers Act 2016, that authorise MI5's most intrusive intelligence-gathering activities.[69][72]

Under the Terrorism Act 2000, any secretary of state,[73] in practice the home secretary,[74][75] may, by order, proscribe an organisation if they believe it is concerned in terrorism, and it is proportionate to do so.[76]

The Terrorism Act 2006 requires any secretary of state,[77] in practice the home secretary,[78][79] to appoint an Independent Reviewer of Terrorism Legislation.

The National Security Act 2023 requires any secretary of state,[80] in practice the home secretary,[81] to appoint an Independent Reviewer of State Threats Legislation.

The home secretary is responsible for the protective security provided to members of the Royal Family and other public figures. In practice, this responsibility is delegated to an executive committee, the Royal and VIP Executive Committee (RAVEC).[82][83]

The home secretary is a member of the National Security Council.

Public order

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Under the Public Order Act 1986, the Metropolitan Police Commissioner, or a local council on behalf of a chief police officer, can apply to any secretary of state,[84] in practice the home secretary,[85][86] for consent to prohibit public processions to avoid serious public disorder. In 2010-11, home secretary Theresa May banned marches by the English Defence League.[87][88][89]

The Public Order Act 1986 also provides for chief police officers to impose conditions on public processions, in order to prevent serious public disorder, serious damage to property, or serious disruption to the life of the community.[90] The Police, Crime, Sentencing and Courts Act 2022 amended this act to provide for any secretary of state,[91] in practice the home secretary,[92] to amend the definition of serious disruption, by regulations.

The Public Order Act 2023 provides any secretary of state,[93] in practice the home secretary,[94] with the power to bring civil proceedings and seek injunctions against protesters when 'protest action is causing, or is likely to cause, serious disruption to key national infrastructure or access to essential goods or services in England and Wales, or where protest activities have, or are likely to have, a serious adverse effect on public safety'.[95]

Extradition

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In accordance with the Extradition Act 2003, an extradition request from another country is sent to any secretary of state,[96] in practice the home secretary,[97] once a judge decides it can proceed after considering various aspects of the case. This act outlines the grounds on which the secretary of state must decide whether they are prohibited from ordering the person's extradition. These are:[98]

  • if the person is at risk of the death penalty;
  • if specialty arrangements are in place (these need to be in place to ensure that an extradited person only faces proceedings in respect of the conduct for which extradition was ordered). If the requesting state wishes to proceed on the basis of another offence, they must request the UK's consent before doing so;
  • if the person concerned has previously been extradited from another country to the UK and the consent of that country to their onward extradition is required; and
  • if the person has previously been transferred to the UK by the International Criminal Court.

If none of these four tests provide grounds to refuse the request, the home secretary must order extradition. The home secretary cannot, by law, consider any other grounds.[98]

British citizenship

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British passports

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British passports are issued at the discretion of the home secretary under the authority of the Royal Prerogative. The home secretary can withdraw or withhold them from individuals using the same discretionary power.[99] Note this is not the same as withdrawing British citizenship. On 25 April 2013, Home Secretary Theresa May laid a Written Ministerial Statement in the House of Commons that redefined the public interest criteria that would be used to refuse or withdraw a passport.[100]

Misuse of drugs

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The Misuse of Drugs Act 1971 creates three classes of controlled drugs: A, B, and C. The list of drugs in each class can be amended by an Order in Council that has been laid before Parliament by any secretary of state and approved by each House of Parliament.[101] In practice, this gives the home secretary the power to list new drugs, and upgrade, downgrade or delist previously controlled drugs.[102][103] They are first required to consult with the Advisory Council on the Misuse of Drugs,[101] but they do not have to follow the Council's advice.[104]

This act requires any secretary of state,[105] in practice the home secretary,[106][107] to appoint the members of the Advisory Council on the Misuse of Drugs. The home secretary appoints one of them to be chairman,[105] and can ask them to resign.[108]

The Police Reform and Social Responsibility Act 2011 inserted an additional power into the Misuse of Drugs Act, providing for any secretary of state,[109] in practice the home secretary,[110] to make temporary class drug orders by statutory instrument. These come into immediate effect and last for up to 12 months, subject to both Houses of Parliament agreeing to them within 40 sitting days of being made. This enables the home secretary to quickly bring new drugs under the control of the Misuse of Drugs Act.

Legislation on misuse of drugs is not devolved, so these powers have effect across the whole of the UK.[111]

Migration

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Royal births

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From 1894 the home secretary was required to attend royal births to ensure that the baby and potential heir to the throne was a descendant of the monarch, and not an imposter. This practice was discontinued by King George VI shortly before the birth of Prince Charles in 1948.[112][113]

The Home Office

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Home Secretary Suella Bravemen gives her first address to staff at 2 Marsham Street.

The home secretary is head of the Home Office, and has overall responsibility for all its business.[114]

This includes oversight of the Home Office ministerial team, and the work of the Home Office civil servants, led by the permanent under-secretary of state of the Home Office.

The home secretary sets Home Office policy,[115] including overruling Home Office civil servants if required.[116]

Acting on behalf of other secretaries of state

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Legislation sometimes refers to particular secretaries of state.[117] Often, however, legislation refers simply to "the Secretary of State" (capitalised thus) without further elaboration. By virtue of the Interpretation Act 1978, the phrase 'Secretary of State', when used in legislation, means "one of His Majesty's Principal Secretaries of State".[118] This is because, while there is only one office of Secretary of State, in practice, more than one person will be appointed to the office, to carry out its functions.[119][120] Each individual secretary of state is allocated responsibility by the Prime Minister for a particular department, and therefore, in practice, will normally exercise only the Secretary of State's functions that are within that portfolio.[121] However, as there is only one office of Secretary of State, any secretary of state can act on another's behalf, and could exercise the other Secretary of State powers (except for powers given by the legislation to one particular secretary of state).[120] Home Secretary John Simon said in a debate in the House of Commons in 1936:

Of course, originally, there was only one Secretary of State, and, indeed, in one sense it may be said that even today there is only one office of Secretary of State, because anyone who is a Secretary of State may lawfully and constitutionally perform any act that can be done by any other Secretary of State. If I may for a moment call on my own personal experience, I happened to be Secretary of State for Home Affairs at the time when [Secretary of State for War] Lord Kitchener made his last fatal journey from this country, and just before he sailed from these shores I had a message from the War Office asking me whether I would sign his papers until he came back. I continued to give the formal signature which it is legitimate for any Secretary of State to put upon the papers of any other Secretary of State, and I did so until the news came of his death. Constitutionally, the office of Secretary of State is held by a number of persons who may be regarded as all one.[122]

See also

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References

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  1. ^ "Boris Johnson refuses to say why he overruled Priti Patel and kept UK borders open when pandemic started". The Independent. 20 January 2021. Retrieved 23 January 2021.
  2. ^ "Priti Patel says she wanted UK borders shut last March". The Guardian. 20 January 2021. Retrieved 23 January 2021. Boris Johnson urged to explain why he apparently rejected home secretary's Covid advice.
  3. ^ "Thatcher overruled minister to keep Moors murderers locked up for life". The Guardian. 20 July 2017. Retrieved 1 January 2022. Margaret Thatcher intervened to overrule the home secretary and ensure that the Moors murderers, Myra Hindley and Ian Brady, were never released from prison, Downing Street papers have revealed.
  4. ^ "Suella Braverman: Prime Minister Rishi Sunak sacks home secretary". BBC Newsround. 13 November 2023. Retrieved 15 November 2023.
  5. ^ "Policing Protocol Order 2011 (statutory instrument)". gov.uk. 21 February 2012. Retrieved 15 June 2023.
  6. ^ a b "The Policing Protocol Order 2011, Schedule, paragraphs 28-29". legislation.gov.uk. Retrieved 15 June 2023.
  7. ^ Brown, Jennifer (29 September 2021). "Policing in the UK". House of Commons Library. Commons Briefing Papers: Number 8582. Retrieved 11 May 2023. Policing is (by and large) a devolved matter in Scotland and Northern Ireland. The Scottish Government and the Northern Ireland Executive are responsible for deciding how most police services are organised and managed in their nations.
  8. ^ "Police funding for England and Wales: user guide". gov.uk. 12 July 2022. Retrieved 1 June 2023. The Home Office is responsible for the 43 territorial police forces of England and Wales... Policing in Scotland and in Northern Ireland is devolved and is the responsibility of the Scottish Government and Northern Ireland Executive.
  9. ^ "Police Act 1996, part II Central Supervision, Direction and Facilities - Functions of Secretary of State". legislation.gov.uk. Retrieved 2 June 2023.
  10. ^ "Police Act 1996: Section 32", legislation.gov.uk, The National Archives, 1996 c. 16 (s. 32), retrieved 1 April 2024
  11. ^ "Police Reform and Social Responsibility Act 2011: Section 77", legislation.gov.uk, The National Archives, 2011 c. 13 (s. 77), retrieved 29 April 2023
  12. ^ a b "Strategic Policing Requirement 2023". gov.uk. 20 February 2023. Retrieved 3 June 2023. The SPR sets out the Home Secretary's view of what the current national threats are, and the national policing capabilities needed to counter those threats... Police and crime commissioners and chief constables must consider the SPR when carrying out their functions.
  13. ^ "State of Policing: The Annual Assessment of Policing in England and Wales 2020". gov.uk. 21 July 2021. Retrieved 26 May 2023.
  14. ^ "National Policing Board". gov.uk. Retrieved 2 June 2023. The National Policing Board (NPB) aims to meet 4 times a year and is chaired by the Home Secretary. It brings together senior police leaders and government officials. The NPB enables the Home Secretary to: directly engage with the policing sector to set the long-term strategic direction for policing; hold the policing sector to account for the delivery of the government's key policing commitments, including the ambition to recruit 20,000 additional police officers by March 2023
  15. ^ "Police officers told to enforce Covid lockdown 'as last resort' after Priti Patel calls for more fines". The Independent. 5 November 2020. Retrieved 31 May 2023. Home secretary told police she and Boris Johnson wanted 'tougher enforcement of the necessary restrictions'
  16. ^ "Priti Patel instructs police to clamp down on partygoers and pubs". The Times. 24 December 2020. Retrieved 31 May 2023. Priti Patel has told senior police to crack down on coronavirus lawbreakers and warned that there is "no room for complacency" in the enforcement of restrictions. The home secretary wrote to chief constables telling them to heighten their visibility and increase patrols in Tiers 2 and 3 over the coming weeks.
  17. ^ "Home Secretary letter to police leaders". gov.uk. 24 September 2022. Retrieved 31 May 2023. Reducing crime is a key Prime Ministerial commitment, and I expect the police, working with local partners, to cut homicide, serious violence and neighbourhood crime by 20%.
  18. ^ "Home Secretary's speech to the Police Federation annual conference". gov.uk. 17 May 2022. Retrieved 31 May 2023.
  19. ^ a b "Protocol between the Home Office and the College of Policing Limited" (PDF). college.police.uk. July 2019. Retrieved 9 July 2023. 1.1 College of Policing Limited ('the College') is a company limited by guarantee wholly owned by the Home Secretary... 2.1 The Home Secretary is the sole shareholder and owner of College of Policing Limited... 2.3 The Anti-Social Behaviour, Crime and Policing Act 2014 (ASB Act) establishes the legal basis of the Home Secretary's powers in regard to the College, while the Home Secretary's corporate powers in respect of the College are derived under the Companies Act 2006
  20. ^ "College of Policing Limited". company-information.service.gov.uk. Retrieved 9 July 2023. 1 active person with significant control / 0 active statements - Secretary Of State For The Home Department... Governing law - Companies Act 2006
  21. ^ "Home Secretary Amber Rudd appoints Millie Banerjee as new College of Policing Chair". GOV.UK. 15 November 2017. Retrieved 9 July 2023.
  22. ^ "Establishment of the College of Policing: update". GOV.UK. 24 October 2012. Retrieved 9 July 2023. I am very pleased to announce my intention to appoint Alex Marshall as Chief Executive Officer of the college.
  23. ^ "Anti-social Behaviour, Crime and Policing Act 2014: Section 123", legislation.gov.uk, The National Archives, 2014 c. 12 (s. 123), retrieved 9 July 2023
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  25. ^ "Police, Crime, Sentencing and Courts Act 2022: Section 1", legislation.gov.uk, The National Archives, 2022 c. 32 (s. 1), retrieved 18 October 2023, (1)The Secretary of State must in each financial year—(a)prepare a police covenant report, and (b)lay a copy of the report before Parliament.
  26. ^ "Police Covenant Annual Report". Hansard. 22 May 2023. Retrieved 18 October 2023. The Secretary of State for the Home Department (Suella Braverman) I am today laying before Parliament the first annual report concerning the police covenant.
  27. ^ "The Office of Constable". Police Federation. Retrieved 21 May 2023. Operational independence is a guiding principle of policing
  28. ^ "Operational independence is a fundamental principle of British policing". Daily Telegraph. 2 March 2023. Retrieved 21 May 2023.
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  30. ^ "Chief constable calls for Priti Patel to 'stand back' from policing". The New European. 19 May 2021. Retrieved 21 May 2023. A chief constable has called on Priti Patel and the Home Office to "stand back" from the policing agenda and allow officers to assert their independence. Staffordshire Police Chief Constable Gareth Morgan told the Times he was concerned home secretary Priti Patel had interfered in operational matters, which could create the impression "policing is seen as the extension of government".
  31. ^ "Crime (Sentences) Act 1997: Section 30", legislation.gov.uk, The National Archives, 1997 c. 43 (s. 30), retrieved 3 April 2024, (1)The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.
  32. ^ "Criminal Justice Act 2003: Section 248", legislation.gov.uk, The National Archives, 2003 c. 44 (s. 248), retrieved 3 April 2024, (1)The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.
  33. ^ "Kray released from hospital". BBC NEWS. 22 September 2000. Retrieved 3 April 2024. The notorious gangland killer, 66, has been at the Norfolk and Norwich Hospital since being released from prison by Home Secretary Jack Straw on compassionate grounds last month.
  34. ^ "Jack Straw raises questions about Scottish handling of Lockerbie case". The Guardian. 26 August 2009. Retrieved 3 April 2024. Straw has considered requests for release, on compassionate grounds, from prisoners in England and Wales over six and a half years, first during his time as the home secretary between 1997 and 2001 and then as the justice secretary since 2007.
  35. ^ Atkins, Victoria (18 February 2022). "Prisoners Release". UK Parliament. Retrieved 22 August 2024. As detailed in Prison Service Order 600 and Prison Service Order 4700, the Secretary of State may use his executive power to release prisoners early on compassionate grounds... The Secretary of State for Justice has recently decided to take all decisions personally; previously, decisions were delegated to officials.
  36. ^ "British courts can impose whole-life prison sentences". BBC NEWS. 3 February 2015. Retrieved 3 April 2024. The Court of Appeal in the UK then said in 2014 that the law in England and Wales "is clear as to 'possible exceptional release of whole-life prisoners'". It said the justice secretary had the power to release a prisoner on licence if they were satisfied exceptional circumstances existed that justified it on compassionate grounds.
  37. ^ "Home Secretary to crack down on 'disruptive' protests with new bill". BBC NEWS. 16 October 2022. Retrieved 13 June 2023.
  38. ^ Bogdanor, Vernon (15 January 2013). Roy Jenkins, Europe and the Civilised Society (Speech). Making the Weather: Six politicians who shaped our age. London: Gresham College. Retrieved 22 August 2024.
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  40. ^ a b "Police Reform and Social Responsibility Act 2011, sections 42-43". legislation.gov.uk. Retrieved 29 April 2023.
  41. ^ "Home Secretary appoints Cressida Dick as next Commissioner of the Metropolitan Police". gov.uk. 22 February 2017. Retrieved 29 April 2023.
  42. ^ "Sir Mark Rowley appointed new Met Police Commissioner". LBC. 8 July 2022. Retrieved 18 June 2023. The decision to appoint Sir Mark was taken by Home Secretary Priti Patel after consulting the London mayor Sadiq Khan.
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  44. ^ "Crime and Courts Act 2013, Schedule 1, paragraph 7". legislation.gov.uk. Retrieved 30 May 2023. The Secretary of State is to select and appoint the Director General... The terms and conditions of an appointment as Director General are to be determined by the Secretary of State
  45. ^ "Graeme Biggar appointed NCA Director General". gov.uk. 12 August 2022. Retrieved 30 May 2023. Home Secretary Priti Patel has appointed Graeme Biggar CBE as Director General of the National Crime Agency
  46. ^ "Crime and Courts Act 2013, sections 3-4". legislation.gov.uk. Retrieved 30 May 2023.
  47. ^ "Crime and Courts Act 2013, Schedule 1, paragraph 8". legislation.gov.uk. Retrieved 30 May 2023.
  48. ^ a b "Police Act 1996: Section 54", legislation.gov.uk, The National Archives, 1996 c. 16 (s. 54), retrieved 6 July 2023
  49. ^ "New inspectors of police and fire service appointed". GOV.UK. 27 April 2023. Retrieved 6 July 2023. His Majesty's Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) inspectors are then appointed by His Majesty The King on the advice of the Home Secretary and the Prime Minister.
  50. ^ "Her Majesty's Inspector of Constabulary and Inspector of Fire & Rescue Authorities in England - Recruitment Information Pack - July 2020" (PDF). GOV.UK. July 2020. Retrieved 6 July 2023. HMICFRS' annual inspection programme for police forces in England and Wales is subject to the approval of the Home Secretary under the Police Act 1996. The Home Secretary may also require HMICFRS to carry out further inspections of police forces, beyond the terms of the annual inspection programme
  51. ^ "Police Reform Act 2002: Section 29B", legislation.gov.uk, The National Archives, 2002 c. 30 (s. 29B), retrieved 11 October 2023, (1)In this Part "designated body" means a body designated in regulations made by the Secretary of State.
  52. ^ "Police super-complaints". gov.uk. 25 June 2018. Retrieved 11 October 2023. Sixteen organisations demonstrated that they met all of the criteria and were designated by the Home Secretary in regulations laid before Parliament on 25 June 2018.
  53. ^ "Police Reform Act 2002: Section 29A", legislation.gov.uk, The National Archives, 2002 c. 30 (s. 29A), retrieved 11 October 2023, (1)A designated body may make a complaint to Her Majesty's Chief Inspector of Constabulary that a feature, or combination of features, of policing in England and Wales by one or more than one police force is, or appears to be, significantly harming the interests of the public.
  54. ^ "Police Reform Act 2002: Section 29B", legislation.gov.uk, The National Archives, 2002 c. 30 (s. 29B), retrieved 11 October 2023, (3)The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State.
  55. ^ "Police Reform Act 2002: Section 9", legislation.gov.uk, The National Archives, 2002 c. 30 (s. 9), retrieved 23 March 2024, (2)The Office is to consist of—(a)a Director General appointed by Her Majesty
  56. ^ a b "Independent Office for Police Conduct: framework document (accessible)". GOV.UK. 26 January 2024. Retrieved 23 March 2024. 12.1 The Director General shall be appointed on the advice of the Home Secretary by HM The Queen in accordance with the terms of his appointment... 12.2. Non-Executive Directors shall be appointed for a fixed term not exceeding three years by the Home Secretary
  57. ^ "Police Reform Act 2002: Schedule 2", legislation.gov.uk, The National Archives, 2002 c. 30 (sch. 2), retrieved 23 March 2024, 1A(1)The non-executive members of the Office are to be appointed by the Secretary of State.
  58. ^ "Police Reform Act 2002: Section 11", legislation.gov.uk, The National Archives, 2002 c. 30 (s. 11), retrieved 25 March 2024, (2)The Secretary of State may also require reports to be made (at any time)
  59. ^ "Domestic Violence, Crime and Victims Act 2004: Section 48", legislation.gov.uk, The National Archives, 2004 c. 28 (s. 48), retrieved 11 October 2023, (2)Before appointing the Commissioner the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department as to the person to be appointed.
  60. ^ "Modern Slavery Act 2015: Section 40", legislation.gov.uk, The National Archives, 2015 c. 30 (s. 40), retrieved 11 October 2023, (1)The Secretary of State must, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland, appoint a person as the Independent Anti-slavery Commissioner
  61. ^ "Home Secretary announces new Independent Anti-Slavery Commissioner". GOV.UK. 11 October 2023. Retrieved 11 October 2023. Ms Lyons was selected for the important role by Home Secretary Suella Braverman
  62. ^ "Home Office accused of deliberately leaving anti-slavery post unfilled". The Guardian. 29 August 2022. Retrieved 11 October 2023. I would urge the home secretary to appoint a new commissioner as soon as possible.
  63. ^ "Anti-social Behaviour, Crime and Policing Act 2014: Section 132", legislation.gov.uk, The National Archives, 2014 c. 12 (s. 132), retrieved 5 July 2023, (b)five or more other members appointed by the Secretary of State, one of whom the Secretary of State may appoint as deputy chair
  64. ^ "Police and National Crime Agency pay review bodies appoint new chair". GOV.UK. 31 January 2019. Retrieved 5 July 2023. Furthermore, the Home Secretary has appointed four members to sit on the PRRB and NCARRB. The appointees are Andy Bliss, Richard Childs, Patrick McCartan and Trevor Reaney.
  65. ^ "Protection of Freedoms Act 2012: Schedule 8", legislation.gov.uk, The National Archives, 2012 c. 9 (sch. 8), retrieved 19 December 2023, 1(1)DBS is to consist of—(a)a person who has the function of chairing DBS, and (b)such number of other members as the Secretary of State decides. (2)A person falling within sub-paragraph (1)(a) or (b) (in this Schedule "an appointed member") is be appointed by the Secretary of State.
  66. ^ "New Disclosure and Barring Service board members announced". GOV.UK. 14 December 2012. Retrieved 19 December 2023. The ten members of the Disclosure and Barring Service (DBS) Board are responsonsible for strategic leadership of the organisation. Appointed by the Home Secretary, the board is made up of seven non-executive members who have corporate experience and safeguarding expertise, and three executive members, who are senior managers within the DBS.
  67. ^ Karen Bradley, The Secretary of State for Northern Ireland (24 October 2018). "Northern Ireland (Executive Formation and Exercise of Functions) Bill". Parliamentary Debates (Hansard). House of Commons. col. 307–308. The most pressing example is the appointment by the Home Secretary of a new chair of the Disclosure and Barring Service.
  68. ^ Cabinet Office (October 2011). "The Cabinet Manual" (PDF). The Cabinet Manual. p. 22.
  69. ^ a b "MI5's Law and Governance". mi5.gov.uk. Retrieved 29 April 2023. Our work is subject to rigorous scrutiny: by the Home Secretary, who personally signs warrants for our most intrusive activity... The Act places us under the authority of a Secretary of State, in practice the Home Secretary, who is accountable to Parliament for the work of MI5.
  70. ^ "Security Service Act 1989: Section 2", legislation.gov.uk, The National Archives, 1989 c. 5 (s. 2), retrieved 29 April 2023, (1)The operations of the Service shall continue to be under the control of a Director-General appointed by the Secretary of State.
  71. ^ "Reid appoints new head of MI5". The Guardian. 7 March 2007. Retrieved 21 June 2023. A new head of MI5 was appointed by the home secretary today. Jonathan Evans, 49, the current deputy director-general of the Security Service, will take over as director-general next month.
  72. ^ "Investigatory Powers Tribunal accepts MI5 and Home Secretaries unlawfully issued bulk surveillance warrants". Brick Court Chambers. Retrieved 13 June 2023.
  73. ^ "Terrorism Act 2000: Section 3", legislation.gov.uk, The National Archives, 2000 c. 11 (s. 3), retrieved 17 June 2023, (3)The Secretary of State may by order—(a)add an organisation to Schedule 2;(b)remove an organisation from that Schedule;(c)amend that Schedule in some other way.
  74. ^ Dawson, Joanna (23 November 2021). "Proscribed Terrorist Organisations". House of Commons Library. Commons Briefing Papers: Number 00815. Retrieved 17 June 2023. The Home Secretary may proscribe an organisation if they believe it is "concerned in terrorism".
  75. ^ "Home Secretary to ban extreme right-wing terrorist group The Base". gov.uk. 12 July 2021. Retrieved 17 June 2023.
  76. ^ "Proscribed terrorist groups or organisations". gov.uk. 26 November 2021. Retrieved 17 June 2023. Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe it is concerned in terrorism, and it is proportionate to do.
  77. ^ "Terrorism Act 2006: Section 36", legislation.gov.uk, The National Archives, 2006 c. 11 (s. 36), retrieved 14 October 2023, (1)The Secretary of State must appoint a person to review the operation of the provisions of the Terrorism Act 2000 and of Part 1 of this Act.
  78. ^ "Leading terror trial QC to be counter-terror laws watchdog". The Guardian. 20 February 2017. Retrieved 14 October 2023. The home secretary, Amber Rudd, who appointed Hill
  79. ^ "Independent Reviewer of Terrorism Legislation appointed". GOV.UK. 20 May 2019. Retrieved 14 October 2023. The Home Secretary has announced today in a speech at New Scotland Yard the appointment of Jonathan Hall QC as the government's new Independent Reviewer of Terrorism Legislation.
  80. ^ "National Security Act 2023: Section 63", legislation.gov.uk, The National Archives, 2023 c. 32 (s. 63), retrieved 15 October 2023, (1)The Secretary of State must appoint a person (the "independent reviewer") to review the operation of—(a)Part 1, except section 30;(b)Part 2;(c)Schedule 3 to the Counter-Terrorism and Border Security Act 2019, except the functions of the Investigatory Powers Commissioner under Part 1 of that Schedule.
  81. ^ "Role details Independent Reviewer of State Threats Legislation". gov.uk. Retrieved 15 October 2023. The Home Secretary is required to appoint the IRSTL under section 64 of the National Security Bill.
  82. ^ The Queen on the application of The Duke of Sussex v The Secretary of State for the Home Department, 2022 EWHC 1936 (Admin), [1] (High Court of Justice 22 July 2022) ("The Home Secretary... is the government minister responsible for protective security provided to members of the Royal Family and other public figures. She has delegated her responsibility for the protective security arrangements to RAVEC and is responsible in law for RAVEC's decisions.").
  83. ^ The King on the application of The Duke of Sussex v The Secretary of State for the Home Department, 2024 EWHC 418 (Admin), [4] (High Court of Justice 28 February 2024) ("The Secretary of State for the Home Department (the defendant) is responsible within Cabinet and accountable to Parliament for matters of national security. This includes the protective security of members of the Royal Family and other public figures. The defendant has delegated responsibility to RAVEC, which is an independently chaired Executive Committee").
  84. ^ "Public Order Act 1986: Section 13", legislation.gov.uk, The National Archives, 1986 c. 64 (s. 13), retrieved 18 November 2023, (4)If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that... the powers under section 12 will not be sufficient to prevent the holding of public processions in that area or part from resulting in serious public disorder, he may with the consent of the Secretary of State make an order prohibiting for such period not exceeding 3 months as may be specified in the order the holding of all public processions (or of any class of public procession so specified) in the area or part concerned.
  85. ^ "Can you ban a protest – and will pro-Palestinian march go ahead on Armistice Day?". SKY NEWS. 8 November 2023. Retrieved 18 November 2023. What does the law say? Under section 13 of the Public Order Act 1986, the Met commissioner can ask the home secretary to stop a protest from taking place.
  86. ^ "Met police chief defies calls to ban pro-Palestine Armistice Day march in London". The Guardian. 7 November 2023. Retrieved 18 November 2023. Under section 13 of the 1986 Public Order Act, a chief constable can apply to the home secretary to prohibit public processions to avoid serious public disorder.
  87. ^ "EDL march in London banned by home secretary". The Guardian. 26 August 2011. Retrieved 19 November 2023. Theresa May consents to request from Met to ban all marches in Tower Hamlets and four neighbouring boroughs for 30 days
  88. ^ "Home secretary bans Telford EDL march". BBC NEWS. 12 August 2011. Retrieved 19 November 2023. Telford and Wrekin Council had made the request under the Public Order Act on the advice of West Mercia Police.
  89. ^ "Home Office bans Bradford marches". BBC NEWS. 20 August 2010. Retrieved 19 November 2023. Home Secretary Theresa May has authorised a blanket ban on marches in Bradford on the day of a planned protest by a right-wing campaign group... The home secretary was asked to authorise the ban by Bradford Council which submitted a written application. It came after West Yorkshire Police's Chief Constable Sir Norman Bettison wrote to the council requesting an order to prohibit any public processions over the August Bank Holiday weekend.
  90. ^ "Public Order Act 1986: Section 12", legislation.gov.uk, The National Archives, 1986 c. 64 (s. 12), retrieved 26 August 2024
  91. ^ "Police, Crime, Sentencing and Courts Act: Section 73", legislation.gov.uk, The National Archives, 2022 c. 32 (s. 73), retrieved 26 August 2024, (4)After subsection (11) insert—"(12)The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of—(a)serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession, or (b)serious disruption to the life of the community.
  92. ^ "Protest powers: Police, Crime, Sentencing and Courts Act 2022 factsheet". GOV.UK. 20 August 2022. Retrieved 26 August 2024. The Home Secretary has a delegated power to further define the meaning of serious disruption and provide further clarity to police in the use of these powers through secondary legislation.
  93. ^ "Public Order Act 2023, sections 18-19". legislation.gov.uk. Retrieved 21 December 2023. (4)Where this subsection applies and the Secretary of State considers that it is expedient in the public interest to do so, the Secretary of State may bring civil proceedings relating to the activities in the name of the Secretary of State.
  94. ^ Nickolls, Lauren (3 August 2023). "Police powers: Protests". House of Commons Library. Commons Briefing Papers: Number SN05013. Retrieved 9 December 2023. The Public Order Act 2023 provides for the Home Secretary to have the power to seek injunctions against protesters
  95. ^ "Public Order Bill: factsheet". GOV.UK. 30 August 2023. Retrieved 21 December 2023. This measure will enable a Secretary of State to bring civil proceedings where protest action is causing, or is likely to cause, serious disruption to key national infrastructure or access to essential goods or services in England and Wales, or where protest activities have, or are likely to have a serious adverse effect on public safety... Where an injunction is granted by the court with a power of arrest attached, the powers will support the police in taking action earlier to respond to those who choose to engage in disruptive and dangerous forms of protest.
  96. ^ "Extradition Act 2003, section 93 - Secretary of State's consideration of case". legislation.gov.uk. Retrieved 18 June 2023.
  97. ^ "Home Secretary agrees to extradition of Julian Assange". The Independent. 17 June 2022. Retrieved 18 June 2023.
  98. ^ a b "Julian Assange statement and extradition factsheet". gov.uk. 17 June 2022. Retrieved 18 June 2023.
  99. ^ McKinney, CJ (25 January 2023). Deprivation of British citizenship and withdrawal of passports. Commons Briefing Papers: Number 06820. House of Commons Library. Retrieved 12 April 2023. British passports are issued at the discretion of the Home Secretary under the Royal Prerogative (an executive power which does not require legislation). They can be withdrawn or withheld using the same discretionary power.
  100. ^ "The issuing, withdrawal or refusal of passports". GOV.UK. 25 April 2013. Retrieved 12 April 2023.
  101. ^ a b "Misuse of Drugs Act 1971: Section 2", legislation.gov.uk, The National Archives, 1971 c. 38 (s. 2), retrieved 2 June 2023, (5)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament; and the Secretary of State shall not lay a draft of such an Order before Parliament except after consultation with or on the recommendation of the Advisory Council.
  102. ^ "Jacqui Smith admits cannabis reclassification was wrong". Daily Telegraph. 20 November 2012. Retrieved 5 June 2023. Jacqui Smith has admitted that her decision to upgrade cannabis to a Class B drug when Home Secretary was wrong
  103. ^ "Home Secretary tightens restrictions on GHB following horrific crimes". gov.uk. 30 March 2021. Retrieved 6 June 2023. GHB and related substances will be moved from Class C to Class B, meaning they will be harder to access and result in tougher penalties for possession.
  104. ^ "Herbal stimulant khat to be banned". BBC NEWS. 3 July 2013. Retrieved 19 July 2023. The herbal stimulant khat is to be banned by the government, against the advice of its own Advisory Council on the Misuse of Drugs. In January the ACMD said khat should remain a legal substance, saying there was "insufficient evidence" it caused health problems. But Home Secretary Theresa May has decided to ban it, saying the risks posed could have been underestimated.
  105. ^ a b "Misuse of Drugs Act 1971: Schedule 1", legislation.gov.uk, The National Archives, 1971 c. 38 (sch. 1), retrieved 2 June 2023, 1(1)The members of the Advisory Council, of whom there shall be not less than twenty, shall be appointed by the Secretary of State after consultation with such organisations as he considers appropriate... (3)The Secretary of State shall appoint one of the members of the Advisory Council to be chairman of the Council.
  106. ^ "New members appointed to the ACMD". gov.uk. 24 July 2014. Retrieved 2 June 2023. The Home Secretary has appointed nine new members to the Advisory Council for the Misuse of Drugs
  107. ^ "Home Secretary Appoints Reading Academic To Drug Council". The University of Reading. 28 August 2014. Retrieved 18 June 2023.
  108. ^ ""More experts could quit" over drugs sacking". Reuters. 2 November 2009. Retrieved 18 June 2023. Home Secretary Alan Johnson dismissed Nutt, head of the Advisory Council on the Misuse of Drugs (ACMD), after he said the drugs were less harmful than alcohol. Johnson told the House of Commons on Monday he asked Nutt to resign after he had "lost confidence" in him as principal adviser.
  109. ^ "Misuse of Drugs Act 1971: Section 2A", legislation.gov.uk, The National Archives, 1971 c. 38 (s. 2A), retrieved 7 June 2023, (1)The Secretary of State may make an order (referred to in this Act as a "temporary class drug order") specifying any substance or product as a drug subject to temporary control if the following two conditions are met.
  110. ^ "Drug offences". Crown Prosecution Service. Retrieved 7 June 2023. The Home Secretary can make a substance or product a temporary class drug using a Temporary Class Drug Order.
  111. ^ Sutherland, Nikki (16 June 2021). "General debate: Misuse of Drugs Act". House of Commons Library: 12. Retrieved 6 April 2023. Misuse of drugs legislation is reserved and applies across the UK.
  112. ^ "Royal babies and The Gazette | The Gazette". www.thegazette.co.uk. Retrieved 2023-01-01.
  113. ^ "Home Secretaries and Archbishops at the Birth – A Royal Birth: The Countdown Begins". British Pathé. Archived from the original on 1 January 2023.
  114. ^ "Secretary of State for the Home Department". gov.uk. Government of the United Kingdom. Retrieved 11 May 2023. The Secretary of State has overall responsibility for all Home Office business
  115. ^ "Revealed: Suella Braverman sets Home Office 'No boats crossing the Channel' target". The Guardian. 10 September 2022. Retrieved 23 August 2024. During her inaugural address to departmental staff last Wednesday, Suella Braverman said a top priority would be stopping all Channel crossings.
  116. ^ "Cleverly overrules top civil servant on funding security for Jewish communities". The Standard. 29 February 2024. Retrieved 23 August 2024. Home Secretary James Cleverly has overruled his department's top civil servant on awarding cash to the Community Security Trust.
  117. ^ For example:
  118. ^ "Interpretation Act 1978: Schedule 1". legislation.gov.uk. The National Archives. 1978 c. 30 (sch. 1). Retrieved 30 April 2023. 'Secretary of State' means one of Her Majesty's Principal Secretaries of State. By virtue of sections 6 and 10 of that Act, words importing the feminine gender include the masculine and references to the Sovereign at the time of enactment refer to the Sovereign for the time being, and so "Her Majesty" can be read as "His Majesty" when the monarch is male.
  119. ^ Brazier, Rodney (1997). Ministers of the Crown. Oxford: Clarendon. pp. 9–10. ISBN 0-19-825988-3. OCLC 37301571.
  120. ^ a b "Cabinet Manual". The Cabinet Manual. Cabinet Office. 14 December 2010. 3.26 Most statutory powers and duties are conferred on the Secretary of State; these may be exercised or complied with by any one of the secretaries of state. This reflects the doctrine that there is only one office of Secretary of State, even though it is the well-established practice to appoint more than one person to carry out the functions of the office.
  121. ^ "Cabinet Manual". The Cabinet Manual. Cabinet Office. 14 December 2010. 3.27 It is also the well-established practice for each secretary of state to be allocated responsibility by the Prime Minister for a particular department (for example health, foreign affairs, defence, transport, education etc.) and, accordingly, for each Secretary of State, in practice, to exercise only those functions that are within that department.
  122. ^ "Cabinet Ministers (House of Lords)". House of Commons Hansard. Parliament of the United Kingdom. 24 March 1936. vol 310 cc1161. Retrieved 30 April 2023.
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