Public Bodies Bill [Lords]

Debate between Nick Hurd and Jon Trickett

Tuesday 25th October 2011 Commons Chamber

[Mr Hurd]

In large part these measures are designed to make existing flexible arrangements clearer, precisely to make more effective the sort of cross-border work needed in exactly the type of situations to which the hon. Gentleman refers.

As I was saying, the amendments are similar to the current provisions relating to the delegation of Welsh environmental functions in clause 16. The amendments delete those provisions and incorporate them in a slightly revised clause so that the delegation of functions is covered in concurrent clauses.

Amendments 5 and 8 to 11 will extend the definition in clause 1(3) of “eligible persons” to whom the functions of a body or office holder can be transferred under the general order-making powers of the Bill and to whom property can be transferred under clause 24 to include co-operatives, community benefit societies and charitable incorporated organisations. This issue was raised in Committee, not least by my hon. Friend the Member for Dover (Charlie Elphicke), at which point I made a commitment to consider how alternative models such as co-operatives and community benefit societies could be supported to deliver public services, where appropriate. It has always been the intent behind this section of the Bill to ensure that the reform of public bodies is effective by enabling the transfer of functions to a range of persons, so I am therefore pleased to be able to introduce these amendments.

In addition to the provision on co-operatives and community benefit societies, there is now an amendment to include charitable incorporated organisations. Although such charities are yet to come into being since being introduced by the Charities Act 2006, work is well under way and we have taken the opportunity to allow future orders made under the Bill to transfer functions to them. I would like to assure the House that, no matter to whom functions are transferred, it is the Minister’s responsibility to ensure that proper accountability mechanisms are in place, especially where the body is in receipt of public funds.

[Jon Trickett (Hemsworth) (Lab)]

We very much welcome these new clauses, which were amendments that we proposed at the time and the Minister very fairly said that he would take them away and look at them. I wish to raise one issue about charities. Is he able to explain why he is envisaging a particular form of charitable association which is not yet in existence? He has made some brief comments, but they left us puzzled in Committee.

[Mr Hurd]

Charities do fall within the scope of the Bill as far as we are concerned. The hon. Gentleman will be aware that the 2006 Act allowed for the introduction of a new type of organisation—a charitable incorporated organisation. We just felt it sensible at this stage, for the avoidance of any doubt, to include such organisations in the Bill.

I know that the House wants to move on, but let me first address amendments 6, 7, 13 to 15 and 21 to 24. These minor and technical drafting amendments clarify and improve certain aspects of the Bill, and I shall briefly explain the changes they make. The amendments to clauses 11 and 20 are simply drafting changes that move measures that are relevant to the procedure for making orders, which are currently in clause 32, to clauses 11 and 20 as that is where the other measures on procedure are found.

Amendments to clauses 14 and 15 clarify that where Welsh Ministers have powers to modify the constitutional arrangements of bodies, in so far as changes may be made to the extent to which a body is accountable to Ministers, this refers to accountability to Welsh Ministers. The changes to clauses 21 and 23 remove any potential confusion regarding the restrictions in those measures. If a Minister cannot create a power to make subordinate legislation, it follows that he cannot “authorise the creation of” a criminal offence or any of the other powers under clause 21(1). Therefore the removal of the words

“or authorise the creation of”

does not change the effect of the restrictions on ministerial powers.

Oral Answers to Questions

Debate between Nick Hurd and Jon Trickett

Wednesday 2nd March 2011 Commons Chamber

[Mr Hurd]

This year’s pilots involve areas represented by 400 MPs, so there are plenty of opportunities to get involved. I am delighted to say that Catch 22 and the Prince’s Trust are leading the pilots in East Sussex this year, and I very much hope that my hon. Friend will get involved because this provides a fantastic opportunity for young people in her area to participate in a very positive experience.

[Jon Trickett (Hemsworth) (Lab)]

Anything that taps the idealism of young people in the wider society is clearly to be welcomed; it is a good thing. These pilots, however, seem to be an inadequate response to the needs of 965,000 young people who are now out of work. The scheme itself was criticised, as the Minister will know, by the university of Strathclyde, so will he at least indicate the date by which the scheme will be made universal for all young people, as the Prime Minister promised before the election?

[Mr Hurd]

I am sorry that the hon. Gentleman appears to have such a downer on the scheme, which provides a hugely positive opportunity for young people in this country. We are testing it thoroughly on behalf of the taxpayer—there are 11,000 places this year and 30,000 next year—with a view to rolling it out, as he suggested, to make it more widely available and so compelling for all 16-year-olds that they will want to get involved in the future.

Public Services (Social Enterprise and Social Value) Bill

Debate between Nick Hurd and Jon Trickett

Friday 19th November 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Nick Hurd)]

The hon. Gentleman is making several assumptions about the Government’s position that may be proved wrong. I think he has lost sight of the fact that we are discussing a private Member’s Bill.

[Jon Trickett]

Will the Parliamentary Secretary deny that the Cabinet Office helped to draft the Bill? He will not. I understand that that is precisely what happened. I understand that the Bill showed its face in the House only 36 hours ago. Why? I was told that it was delayed until the last possible minute because the Cabinet Office was drafting it. Perhaps the Parliamentary Secretary will confirm that. If it is a private Member’s Bill, why was the Cabinet Office drafting it?

There have been tensions locally with not only local authorities but others about plans for how some social enterprises run services. Members on both sides have made the point that we want high-quality, properly resourced social enterprises, not those that are the victims of a cuts mentality. Labour Members do not want the option of social enterprise driven through on the back of a cut in the quality of service or a reduction in the quality of conditions at work for the people who are employed in the enterprise.

We have no objections to the Bill’s aims, but we are concerned about the manner of its introduction. More consultation before it came before the House would have been better—I have already said that it arrived here only 36 hours ago. We are all proud of the social enterprises in our constituencies throughout the nation. How can it be that they have had no opportunity to examine the Bill before Second Reading? How can it be that the small business and local government sectors are expressing different views about it? Perhaps it is because it was introduced so late. Does the hon. Member for Warwick and Leamington genuinely believe that he provided sufficient time for the House to consult?

We have also heard a lot about how the Bill fits into the Government’s idea of a big society, but until we know what the big society is, how can we assess the applicability of the measures? I am not the only one who does not fully understand what the big society is; many in the voluntary sector do not know what it is either. Famously, the Under-Secretary of State for Education, the hon. Member for East Worthing and Shoreham (Tim Loughton), also has no idea what the big society is. He said recently:

“The trouble is that most people don’t know what the Big Society really means”.

In what sounded slightly like a whinge, he added:

“least of all the unfortunate ministers who have to articulate it.”