Public Bodies Bill [HL]

Debate between Baroness Andrews and Lord Hunt of Kings Heath

Tuesday 23rd November 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, for the convenience of the House, I should explain that today we split my original Amendment 3 into two. The reason for doing so is so that we can discuss the question of consultation separately from that of parliamentary scrutiny. In moving Amendment 3A I will also speak to Amendment 123.

I think we agree that consultation has to be a very important part of the process of dealing with the order-making powers that the Bill provides to Ministers. The noble Lord, Lord Taylor, has graciously acknowledged the concerns over the enormous discretion that the Bill seeks to give Ministers. The debate on consultation goes to one of the most important parts of the Bill. The amendments that the Minister proposes to move—and to which I am sure he will speak in this group—are very welcome as far as they go. They provide for statutory consultation and stipulate that certain interested parties must be consulted before a Minister can proceed with an order. The Minister must also consult any such persons considered appropriate, allowing for a wide and full public consultation or a more targeted approach, depending on the order.

As I have said, that is welcome as far as it goes in relation to Clauses 1 to 6. The problem is that it still leaves an awful lot of ministerial discretion in deciding whether there should be a full public consultation, and by what criteria a Minister should so decide. The Minister was very sympathetic to the last group of amendments in relation to the sunset clause. I hope he will also give my amendment sympathetic consideration. We are talking about an extraordinary range of powers being given to Ministers. We are also, in the list of organisations in each schedule to the Bill, talking about responsibilities of bodies that are extensive and, in many cases, impact widely on the general public. For that reason, there should be a clear principle in the Bill that, whenever an order is proposed by a Minister, the public should always be consulted. I hope the noble Lord will be sympathetic to that point of view.

I also ask the Minister to clarify one point in regard to his own amendments. In the helpful note of explanation that we received from his department in relation to his amendments, the point is made that there will be at least 12 weeks for consultation. I would be grateful if the Minister could confirm that and give a little more detail. In particular, will the 12 weeks encompass just the time for interested parties to comment, or could they also embrace the time taken for a Minister to respond to submissions or consultations? I would very much welcome clarification on that.

[Baroness Andrews]

My Lords, I support the amendment in the name of my noble friend. I very much welcome the Minister’s amendment but it is extraordinary that it was not included in the Bill initially. That reflects what has gone on in the review of public bodies. I declare an interest as chair of English Heritage and vice-president of the National Parks Association. In the time available there was not much opportunity for a public body to have a considered, sensible dialogue with Ministers. Many of the bodies that passed the three tests of independence, expertise and accountability are in Schedule 7 and do not know why that is or what will happen to them. It should be an absolute precondition that they, and the bodies identified in other parts of the Bill, are consulted about their future and the extent of the options being discussed.

In the course of the afternoon, noble Lords have raised their concerns in many different ways but the business of consultation goes far wider than that. It is a matter of basic courtesy that these bodies should be consulted, and that is what the Minister’s amendment provides for. However, as has been said, it is extremely important that people who are affected by the Bill and are nervous about the future of public bodies should have the opportunity to be consulted. I think, for example, of the National Parks Association and the national parks themselves which command such enormous popular support and are so important to many different communities, both regionally and nationally. They are in Schedule 7. If it was decided to move them into another schedule, the number of people affected by that decision would be legion. It would be a gross discourtesy not to give people an opportunity to be consulted. Many of the bodies in Schedule 7 are membership bodies and would want to take the views of their members into account. Indeed, their members would have very strong views. Therefore, there is a real issue here about the nature of the consultation, its extent and the certainties that we can count on in terms of public responsibility and consultation.

I very much echo what the noble Lord, Lord Hunt of Kings Heath, has just said about the need to be absolutely clear. The Cabinet Office guidance on consultation is very clear—12 weeks is the standard recommended time. Consultation in itself does not allow a huge amount of scope to discuss such serious matters, especially if it is held over a summer, as it often is. We need to be given guarantees that full and proper consultation will be carried out that is not compromised by a Minister saying that he will respond in due course. I am anxious that we should be given those assurances this evening.