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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

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

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

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

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

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

Senior policing roles

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

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

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

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

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 safety

Section 141 of the Criminal Justice Act 1988 provides any secretary of state,[84] in practice the home secretary,[85][86] with the power to define certain illegal types of offensive weapon, through statutory instrument.

Public order

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,[87] in practice the home secretary,[88][89] 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.[90][91][92]

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.[93] The Police, Crime, Sentencing and Courts Act 2022 amended this act to provide for any secretary of state,[94] in practice the home secretary,[95] to amend the definition of serious disruption, by regulations.

The Public Order Act 2023 provides any secretary of state,[96] in practice the home secretary,[97] 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'.[98]

Extradition

In accordance with the Extradition Act 2003, an extradition request from another country is sent to any secretary of state,[99] in practice the home secretary,[100] 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:[101]

  • 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.[101]

British citizenship

British passports

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.[102] 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.[103]

Misuse of drugs

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.[104] In practice, this gives the home secretary the power to list new drugs, and upgrade, downgrade or delist previously controlled drugs.[105][106] They are first required to consult with the Advisory Council on the Misuse of Drugs,[104] but they do not have to follow the Council's advice.[107]

This act requires any secretary of state,[108] in practice the home secretary,[109][110] to appoint the members of the Advisory Council on the Misuse of Drugs. The home secretary appoints one of them to be chairman,[108] and can ask them to resign.[111]

The Police Reform and Social Responsibility Act 2011 inserted an additional power into the Misuse of Drugs Act, providing for any secretary of state,[112] in practice the home secretary,[113] 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.[114]

Migration

Royal births

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.[115][116]

The Home Office

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.[117]

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,[118] including overruling Home Office civil servants if required.[119]

Acting on behalf of other secretaries of state

Legislation sometimes refers to particular secretaries of state.[120] 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".[121] 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.[122][123] 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.[124] 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).[123] 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.[125]

See also

References

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  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. ^ "Criminal Justice Act 1988: Section 141", legislation.gov.uk, The National Archives, 1988 c. 33 (s. 141), retrieved 28 December 2024, (2)The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—(a)any weapon subject to the Firearms Act 1968; and (b)crossbows.
  85. ^ "The Criminal Justice Act 1988 (Offensive Weapons) Order 1988", legislation.gov.uk, The National Archives, SI 1988/2019, retrieved 28 December 2024, In exercise of the powers conferred upon me by section 141(2) of the Criminal Justice Act 1988... I hereby make the following Order:... [signed] Douglas Hurd One of Her Majesty's Principal Secretaries of State, Home Office, 17th November 1988
  86. ^ "Third crackdown on zombie knives introduced - but Labour says it's 'too little too late'". SKY NEWS. 25 January 2024. Retrieved 28 December 2024. Asked why it had taken so long, Home Secretary James Cleverly said: "We have already taken action to make the carrying of zombie knives illegal. When I became home secretary, I made the immediate decision to go further to put forward this secondary legislation to support what we've already done to make the possession of zombie knives illegal and to close that loophole."
  87. ^ "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.
  88. ^ "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.
  89. ^ "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.
  90. ^ "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
  91. ^ "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.
  92. ^ "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.
  93. ^ "Public Order Act 1986: Section 12", legislation.gov.uk, The National Archives, 1986 c. 64 (s. 12), retrieved 26 August 2024
  94. ^ "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.
  95. ^ "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.
  96. ^ "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.
  97. ^ 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
  98. ^ "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.
  99. ^ "Extradition Act 2003, section 93 - Secretary of State's consideration of case". legislation.gov.uk. Retrieved 18 June 2023.
  100. ^ "Home Secretary agrees to extradition of Julian Assange". The Independent. 17 June 2022. Retrieved 18 June 2023.
  101. ^ a b "Julian Assange statement and extradition factsheet". gov.uk. 17 June 2022. Retrieved 18 June 2023.
  102. ^ 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.
  103. ^ "The issuing, withdrawal or refusal of passports". GOV.UK. 25 April 2013. Retrieved 12 April 2023.
  104. ^ 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.
  105. ^ "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
  106. ^ "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.
  107. ^ "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.
  108. ^ 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.
  109. ^ "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
  110. ^ "Home Secretary Appoints Reading Academic To Drug Council". The University of Reading. 28 August 2014. Retrieved 18 June 2023.
  111. ^ ""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.
  112. ^ "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.
  113. ^ "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.
  114. ^ 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.
  115. ^ "Royal babies and The Gazette | The Gazette". www.thegazette.co.uk. Retrieved 2023-01-01.
  116. ^ "Home Secretaries and Archbishops at the Birth – A Royal Birth: The Countdown Begins". British Pathé. Archived from the original on 1 January 2023.
  117. ^ "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
  118. ^ "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.
  119. ^ "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.
  120. ^ For example:
  121. ^ "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.
  122. ^ Brazier, Rodney (1997). Ministers of the Crown. Oxford: Clarendon. pp. 9–10. ISBN 0-19-825988-3. OCLC 37301571.
  123. ^ 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.
  124. ^ "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.
  125. ^ "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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