Public Bodies Bill [HL]

Lord Blackwell Excerpts

Monday 29th November 2010 Lords Chamber

[Lord Pannick]

My Lords, I should like to add a question to the series of questions put by the noble Lord, Lord Hunt of Kings Heath, and give my support for the amendment tabled by the noble Baroness, Lady Henig. Is it the Minister’s understanding that if these functions are transferred to a company limited by guarantee, for example, judicial review in the courts would apply to the exercise of those functions by such a body, and would the Human Rights Act apply where appropriate to the content of any decision taken by such a body? This is of obvious importance because if the answer is no to either of those matters, the very important safeguards that exist when the functions are exercised by public bodies would be lost.

[Lord Blackwell]

My Lords, since this is the first time that I have participated in Committee on the Bill, perhaps I should declare my interest as a board member of Ofcom. I have to admit that I am puzzled by these amendments. The purpose of the Bill is to enable the Government to bring forward over time specific and detailed proposals on each of these bodies and to put those proposals in front of Parliament. A huge prize can be won by enabling this process to be conducted as quickly and effectively as possible. If we try to box the Government in by defining all the proposals up front and limiting the scope of what the answers might be, we complicate the process in a way that will make it impossible for the Government to bring forward those proposals one by one and to have the debate around them that each will require. These amendments are self-defeating because, in trying to put the cart before the horse by asking the Government to specify what they want to do before bringing forward the detailed proposals, they would limit the Government’s scope for action.

[Lord Berkeley]

My Lords, I found the intervention by the noble Lord opposite quite interesting because I do not think that Ofcom is on any of these long lists. However, a similar regulator, the Office of Rail Regulation, is on a list, and I shall speak to that in a later amendment. I am sorry; Ofcom is on the list set out in Schedule 7. Given the amount of legislative time it has taken over the years to set up these organisations, it seems a bit odd for the noble Lord to suggest that it is all right for them to be abolished, changed or whatever by secondary legislation without any debate.

--- Later in debate ---

[Lord Blackwell]

I want to make it clear to the noble Lord that I am speaking in a private capacity and not representing any body.