Health and Social Care Bill

Debate between Baroness Rawlings and Lord Hunt of Kings Heath

Thursday 8th March 2012 Lords Chamber

[Baroness Rawlings]

May I just remind the noble Lord that the Companion sets out that a Member shall not speak twice on an amendment on Report.

[Lord Hunt of Kings Heath]

My Lords, I have to say that we are seeing a reinterpretation of the normal procedure on Report. Nothing in the Companion prevents a noble Lord intervening and asking the Minister a short question. The fact is that by ploughing on and refusing to answer questions, the Minister is not serving the House appropriately.

[Baroness Rawlings]

I shall just read from the Companion:

“A member of the House who is speaking may be interrupted with a brief question for clarification. Giving way accords with the traditions and customary courtesy of the House. It is, however, recognised that a member may justifiably refuse to give way, for instance, in the middle of an argument, or to repeated interruption, or in time-limited proceedings when time is short. Lengthy or frequent interventions should not be made, even with the consent of the member speaking”.

Public Bodies Bill [HL]

Debate between Baroness Rawlings and Lord Hunt of Kings Heath

Monday 7th March 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, this amendment is on the Marshalled List in the name of my noble friend Lord Whitty. We listened carefully to the arguments of the noble Lord, Lord Taylor, earlier this evening concerning the protections that will be in place for the economic regulators listed in this Bill. The changes proposed to Ofcom obviously fall into this category. I was very much persuaded by the arguments made earlier by my noble friend Lord Whitty that, by allowing these changes to remain part of the Bill, Parliament is giving up the right to revisit their wider strategic and ongoing role through the medium of primary legislation. There are some concerns about the detailed changes proposed for Ofcom under the powers of this Bill but, more importantly, we are keen to secure a powerful and meaningful role for Ofcom as an independent regulator in the future.

Last week, this House had what can only be described as a spirited debate about the Government’s proposal to allow Mr Murdoch to take over the remaining shares in BSkyB. It is fair to say that considerable concerns were expressed about this from around the Chamber. If anything, the mood of that debate would have supported a stronger and more interventionist role for Ofcom in ensuring media plurality in the future. In this final debate tonight, can the Minister reassure me that the overarching responsibility for Ofcom to maintain a diverse media and prevent a narrowing and damaging spread of ownership will be maintained if the proposals in this Bill go ahead? What guarantees is she able to give that Ofcom’s independence will not be compromised by an overreliance on being asked to report only at the discretion of the Secretary of State?

These are important issues, which have already been touched on during earlier debates, but I take this opportunity to say that it is important that we are satisfied that the proposals in the Bill do not weaken Ofcom’s independent status. I beg to move.

[Baroness Rawlings]

My Lords, Ofcom is a highly respected organisation that, since its creation by the Office of Communications Act 2002, has successfully regulated one of the most dynamic and diverse sectors. The media and communications market has developed significantly since Ofcom was created and it is only appropriate that eight years later we take the opportunity to make some small changes to how it operates.

Amendment 82 would prevent changes to Ofcom’s funding arrangements. We believe that in the current environment it is only right that Ofcom should have the ability to charge for certain services to alleviate the effect of cuts. Under the Communications Act 2003, Ofcom is not currently permitted to charge operators for this work and, at present, meets the £400,000 per annum cost of the work out of a grant in aid from the Department for Business, Innovation and Skills. Most other countries currently charge for this work, so we would be bringing Ofcom into line with international practice by allowing it to charge for this service.

Amendment 96 would mean that we could not change the way in which Ofcom carries out its functions. In the Communications Act 2003, the structure of Ofcom’s committees was set out in a disproportionately prescriptive and detailed manner. It makes sense to allow Ofcom the flexibility to streamline the structure to meet the requirement and to reflect the diverse needs of the people involved as it best sees fit. This should not compromise its independence. The ability to reshape the structure of the various advisory committees, panels and boards should also lead to a reduction in bureaucracy and could save Ofcom around £100,000 a year.

Following the Government’s decision to table an amendment to remove Clause 11 and Schedule 7 from the Bill, Ofcom will not appear as previously tabled, so Amendment 158 has been withdrawn from the Marshalled List. I ask the noble Lord to withdraw Amendment 96.

[Lord Hunt of Kings Heath]

My Lords, I am most grateful to the noble Baroness and of course I shall not press my amendment to a vote. I would say only that the arguments about Ofcom are very similar to the arguments put forward in our debate on the previous group of amendments. The problem is the very appearance of such a body in this Bill, notwithstanding the commitments given at the Dispatch Box by Ministers. This also relates to whether we will reach some sort of agreement on sunset clauses and on the extent to which a body lives on in this Bill for a long time. A time limit would provide great reassurance.

The noble Baroness has said that Ofcom is in the Bill for eminently sensible reasons. Our problem is that, in a couple of years’ time, Ministers might take against Ofcom and use their powers to make much more radical changes. The context is what we have described as the architecture of the Bill. I am hopeful that in the next few weeks we will be able to decide a sensible way forward that enables the Government to undertake reviews of these bodies. I fully accept that they have every right to do so, but they should do so in a way that secures their independence as far as that is appropriate and with proper parliamentary scrutiny. I am grateful to the noble Baroness and I beg leave to withdraw the amendment.

Public Bodies Bill [HL]

Debate between Baroness Rawlings and Lord Hunt of Kings Heath

Tuesday 11th January 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My noble friend raises a most important point. Even if you take Carlisle United, with the dedication of my noble friend as a director and his concern for safety, surely directors in their responsibilities regarding safety can still take advantage of the advice and presence of a body such as the FLA. I am convinced that the FLA or a similar body has an important role to play in the future.

I see from noble Lords opposite that the noble Baroness, Lady Rawlings, whom we welcome to our debates on the Bill, is going to give a positive assurance about the future. That would be very welcome. However, I have to say to her that our problem with the Bill, as described by the Public Administration Select Committee only last week, is that the overall reviews by individual government departments were very poorly managed, there was an absence of meaningful consultation, the tests in the reviews were not clearly defined and the Cabinet Office clearly failed to establish a proper procedure for departments to follow. That has left noble Lords in a vacuum regarding the intention of the Government. The noble Lord, Lord Greaves, referred to the mysteries of the Bill, and this is a classic case in point.

The noble Lord then went on to say that the real problem is the architecture of the Bill. I do not think he was in his place when we had our debate on the first group of amendments when we discussed the architecture, but it is perfectly clear that if the Government were to come forward and make it abundantly clear that they are now prepared to make changes to the architecture of the Bill in relation to Schedule 7, in particular, and also on public consultation, on the procedure under which orders would be debated in your Lordships' House for bodies that come under the Bill and other matters that we have discussed, then noble Lords would have much more confidence. At the moment, we have been left in the dark. It is clear that noble Lords do not know about the Government’s intention regarding the FLA. I do not think it is satisfactory that we are here in Committee debating the Bill when there is uncertainty in your Lordships' House and in the sports world as a whole. I am sure that the noble Baroness will be able to give us some comfort that the issues of safety will be taken forward in future, but I hope that she will give some comfort about how the Government intend to deal with the Bill more generally.

[Baroness Rawlings]

My Lords, I thank the noble Lord, Lord Faulkner of Worcester, and the noble Baroness, Lady Taylor of Bolton, who put down this amendment for us to discuss, and all the other speakers. This debate gives me the opportunity to clarify, which the noble Baroness asked for, and to clear up many of the misunderstandings and points on this issue.

Amendment 37 removes the Football Licensing Authority from Schedule 1, and Amendment 91 inserts the said body into Schedule 5, allowing its functions to be modified or transferred while retaining the body in its current form. The Government are very clear that the Football Licensing Authority carries out an important role, and we want this to continue. Indeed, as the noble Lord, Lord Faulkner, said, the Government are supporting a Private Member’s Bill that seeks to reconstitute the Football Licensing Authority as the sports grounds safety authority and will extend the authority’s advisory functions so that it has the power to provide advice about safety at sports grounds to any national or international organisation, person or body.

Our intention is that the authority, as the noble Lord, Lord Clark of Windermere, said, will continue as a separate body, whether in its existing form or as a new sports grounds safety authority until after 2012, when its expertise and functions will be transferred to another body. Doing so would allow the authority to share the back-office functions of a larger organisation. This should lead to greater efficiencies and make it less constrained from broadening out its role. It will therefore be able to make the best use of its expertise and reputation.

I indicating that we will abolish the FLA as an independent public body only after 2012 will allow us time to make certain that we have an appropriate home for its expert role and functions. Over the next 12 months, we will discuss the options with the FLA potential host organisations and interest groups to make certain that we have an appropriate solution in place in time to meet the commitment to implement reforms after the 2012 Olympics. This proposal would not risk the important strides made over the past 20 years to improve safety at football after the Hillsborough disaster.

I take this opportunity to assure the House that we do not intend to change the law in relation to football ground safety and, as I have made clear, these important functions need to be retained.

--- Later in debate ---

[Lord Hunt of Kings Heath]

Yes, it is Schedule 5; I would like to see Schedule 7 removed from the Bill. It is very difficult to know why the noble Baroness’s department is not using the Bill in the way in which it is constructed. Schedule 5 is headed “Power to modify or transfer functions: bodies and offices”. Why on earth is the FLA not in that schedule?

[Baroness Rawlings]

That part of the Bill will be looked at later, as I have said. With its important functions, it is not being abolished in this Bill. However, as I have set out, the Government’s proposals include the abolition of the FLA as such after 2012 and not now.

[Lord Hunt of Kings Heath]

My Lords, no date is given as to when bodies are to be abolished. Schedule 1 sets out the bodies where this Bill gives power to abolish. The puzzle is that, because Schedule 5 gives the flexibility to list bodies where at some stage—not at the moment maybe but at some time in the future—you might want to transfer or modify their functions, why on earth is the FLA not in that, given that the Government have clearly designed the Bill to give flexibility for such organisations? The noble Baroness might want to come back on that.

[Baroness Rawlings]

With respect to the noble Lord, Lord Hunt, I have just said that the FLA will not be abolished until after 2012. We believe that there is a strong rationale for doing so, while acknowledging and seeking to protect the benefits associated with its important public functions. The Government will continue to support the Private Member’s Bill and will work with Parliament to secure what we hope will be an extremely positive outcome. On this basis, I hope the noble Lord will feel able to withdraw his amendment.

Broadcasting: S4C

Debate between Baroness Rawlings and Lord Hunt of Kings Heath

Thursday 28th October 2010 Lords Chamber

[Baroness Rawlings]

My Lords, my noble friend Lord Roberts of Conwy is of course right, and he naturally feels strongly about S4C because, after all, he started it. I can assure him that S4C will remain a unique entity and retain its editorial independence under the partnership. The intention is that the Public Bodies Bill will effect the change in S4C’s funding by breaking the current automatic funding link with the RPI. He is also right to say that it is important that the programmes for the channel are 100 per cent independent.

[Lord Hunt of Kings Heath]

My Lords, the noble Baroness has said that she cannot give undertakings on funding beyond 2014-15. However, under the commitment that she has given today, can she commit that the Welsh language channel will continue beyond those years, and that it will be adequately financed?

[Baroness Rawlings]

My Lords, we have been consulting on this very important point, which many people have raised. We fully recognise the iconic status of the channel and the contribution that it makes to cultural and economic life in Wales. The last census showed that, since S4C started, there has been a 3 per cent increase in Welsh speakers in Wales. As well as sustaining and promoting the Welsh language, the channel provides a focal point for the celebration of Welsh national events. That is why we are financially securing S4C’s future.