Public Bodies Bill [HL]

Lord Rosser Excerpts

Monday 7th March 2011 Lords Chamber

[Lord Borrie]

My Lords, it has been a long time since we last discussed these matters in Committee. Perhaps I may be forgiven for forgetting that I had added my name to that of my noble friend Lord Whitty on one of the amendments that we are now considering—Amendment 85. Since I did so, I cannot see any great reason to be in favour of one amendment but not the others. I am particularly glad to see Amendment 113 in the name of my noble friend Lord Whitty. Surely it is essential that the Minister, when making an order under these provisions, should give the reasoning behind the change of status—the transfer or modification—from one to another. Surely one wants a ministerial explanation.

I have, however, come to doubt—this is really a question to my noble friend Lord Whitty—the need for the first five of his amendments, including the one that he is moving. He asks that, in relation to orders to transfer the functions of one body to another, or to modify a body’s functions, the Minister should pay attention to Clause 8. However, Clause 8 itself says:

“In considering whether to make an order … the Minister must”—

I emphasise—

“have regard to the following objectives”,

which include efficiency, effectiveness and accountability. I do not disagree with the point just made by my noble friend Lady Hayter, but I ask the mover of the amendment to clarify why he wants to insert certain phrases that seem to indicate simply that the Minister must consider matters referred to in Clause 8, when that is what Clause 8 itself says.

[Lord Rosser]

My Lords, I, too, hope that the Minister will welcome this group of amendments. As my noble friend Lord Whitty said, they are helpful amendments, which do not seek to change, amend or delete any body or group of bodies listed under Schedules 1 to 6. The amendments simply require the Minister concerned to lay before both Houses of Parliament, for debate and approval, a report setting out the Government’s reasons for changing the status of any body or group of bodies listed in the schedules before making the order enabling that change in status to be implemented, with a few exceptions where primary legislation will still be needed. Orders can be only accepted or rejected but not amended, and the Government will seek to push them through considerably more rapidly and with considerably less debate than would apply had the change in status been made through primary legislation.

The amendments of my noble friend Lord Whitty will enable a somewhat fuller discussion to take place. They will also enable Members of both Houses, as well as the public and interested parties, to comment and express their support, opposition or reservations over what the Government propose for the body or group of bodies in question in a proper and open public debate before the Government make a final decision on whether to proceed with the order and its detailed provisions. Such a development would at least begin to address the democratic deficit that the Government are fostering through the absence of any pre-legislative scrutiny, followed by seeking to change or abolish by statutory instrument bodies with important roles, which were in many cases set up by Acts of Parliament.

There would also be another advantage in that it would enable the Government to reflect further on their proposals and intentions on which bodies, or groups of bodies, should have their role and status changed or abolished. It is already clear that this Bill was cobbled together in a great hurry, which is why there has been so much backtracking, albeit welcome backtracking. This has not happened because this is a listening and open Government but rather because this is a Government who seem to think that instant decision-making is the same thing as effective decision-making.

The requirement under these amendments for a report to be made to both Houses that would have to be debated and approved would encourage the Government to think carefully about the necessity and justification of what they are proposing, and would ensure that the implications have been properly thought through and addressed and that the proposals have been subject to challenge and scrutiny in a way that would never be achieved through the laying of a statutory instrument. A statutory instrument is not meant to be the way of implementing what in many cases will be significant change but rather constitutes the detailed implementation of a change which has already been the subject of properly parliamentary scrutiny and debate. That proper parliamentary scrutiny and debate is not happening under the terms of this sweeping Bill, with Ministers all too often simply hoping to get away with saying that the full case for what they are proposing, the implications of their proposals and how it is intended to implement the changes, as well as the details, will have to await the statutory instrument.

I am sure the Minister knows that the Bill has been rushed and is ill thought out and that proper, pre-legislative scrutiny, for a start, would have been beneficial to all concerned, not least to the Government themselves. The usual excuse for the rush—namely, to make quick savings to reflect the Government’s exaggerated claims about the financial situation—was not given because the Government are unable to provide costed figures on savings that might result from the Bill, or even costed figures showing that there will be any savings at all. I hope that the Minister will now accept these amendments and show that the Government’s repeated words about openness and transparency are not simply smooth and meaningless platitudes.

[Lord Newton of Braintree]

My Lords, I hope that I might, without abusing the rules of Committee stage, make a brief further intervention as I had not anticipated the thrust of the remarks of the noble Baroness, Lady Hayter, on her Amendment 107, for which I apologise. It may be helpful to the Minister if I give him notice of this. As I understood it, the noble Baroness was complaining that the provision in Clause 8 about efficiency, effectiveness, economy and accountability was not sufficient. I hope that my Amendment 106A focuses on that point at least as clearly by saying that one should also take into account,

“fairness, openness, transparency and justice”.

I would like to see some values incorporated into what the Government have to take account of in these matters. Even if my noble friend cannot give me an assurance on that today, I hope that he will reflect on it.

When I made a somewhat similar point to the previous Government, the then Minister, the noble Baroness, Lady Ashton of Upholland, immediately took the point and brought forward an amendment to introduce values in a similar context into the Tribunals, Courts and Enforcement Act 2007. Therefore, I hope that that precedent will carry some weight, whether today or in the future.