Public Bodies Bill [HL]

Debate between Lord Boswell of Aynho and Baroness Royall of Blaisdon

Monday 7th March 2011 Lords Chamber

Lord Boswell of Aynho: My Lords, it is indeed a very late hour, and I rise only briefly to thank the noble Baroness, Lady Thornton, for raising this issue in quite moderate terms. I also thank my noble friend Lord Lester for the way in which he has nuanced it in relation both to the judicial or quasi-judicial activities and responsibilities of the Equality and Human Rights Commission and to the need for what might be termed a proper look at administrative reform, subject to the necessary safeguards.

I have had a developing interest in this matter over a number of years. At one stage in another place, I held a Front Bench brief on behalf of my party for disability issues at the time when the first discussions were taking place about a coalescence of the various bodies. I also had, for separate and unrelated reasons, an interest in both gender and racial equality issues. I supported, and I am very glad that we have effected, the merger of these various bodies. However, just as in relation to the previous amendment we discussed I bear no malice towards the Church of England in suggesting its inclusion in the Bill, I bear no malice towards the Equality and Human Rights Commission in suggesting that its position should be maintained within this schedule.

We need to concentrate on its main responsibilities while preserving its independence. Having had, because of those Front Bench responsibilities, dealings with Trevor Phillips, for example, at the time these bodies came together, and a number of constructive discussions about this, I do not think things have quite gelled as they might have done. There is more work to be done in taking the inefficiencies out of the system and in concentrating on core business. However, I would not like that to be interpreted by the Minister or anyone else as code for saying that there is no role for the EHRC. In the previous Equality Bill, when I had become before my retirement from the other place a Back-Bencher, I had immense support from the EHRC on some of the issues—for example, in introducing a long and complex amendment about a principles clause, which did not commend itself to the previous Administration, and also, indeed, in suggesting that there might be a human rights responsibility alongside the public sector equality duty.

As my noble friend Lord Lester said, there are some very important points about turning the ability of the commission to operate independently where there are defects, or arguments about defects, in the public sector. That integrity has to be maintained. The basic job which the commission was set up to do is worthwhile. We need to make sure that we clear out of the way any of the clutter and that that duty is clearly and effectively discharged.

[Baroness Royall of Blaisdon]

My Lords, most things have already been said but perhaps I may say that, for the moment, I support the amendment moved by my noble friend Lady Thornton. I say “for the moment” because, like many other noble Lords, my principal concern relates to the independence of the commission. I believe that the commission fulfils a vital function in ensuring compliance with equality and human rights law. Clearly, the discussions that are taking place between the Government, the noble Lord, Lord Lester, and the noble and learned Lord, Lord Mackay of Clashfern, are extremely important. When we get the revised Bill back before Report, we may find that many changes have been made, which will make me feel much more confident about the fact that the commission appears in certain schedules.

Like other noble Lords, I am delighted that the commission will no longer feature in Schedule 7, and nor will any other body. However, like my noble friend Lady Thornton, I am constantly perplexed by the way in which consultations follow legislation at the moment. I hope that in future we will have consultations before legislation, because that is the right way forward.

My noble friend asked the Minister about what future Ministers might be able to do in relation to the maintenance of the commission in the schedules. I reiterate a question asked earlier by my noble friend Lord Hunt of Kings Heath about sunsetting. At an earlier stage I said that on behalf of my Benches I was very much in favour of sunsetting the whole Bill. However, when we see the recast Bill on Report, perhaps rather than sunsetting the whole Bill I might be in favour of sunsetting the schedules, so that the bodies that appear in the schedules can have some confidence that, at the end of this process and whatever has happened to them in the mean time, they will be free to evolve. They need that security of knowing that they are not constantly going to feature in the schedules. I would be grateful for the views of the Minister on sunsetting the schedules.