Public Bodies Bill [HL]

Debate between Lord Brabazon of Tara and Lord Taylor of Holbeach

Monday 4th April 2011 Lords Chamber

[Lord Taylor of Holbeach]

I did not want to object to my noble friend contributing to the debate but I felt like asking him whether he was going to be helpful. However, he has been helpful, and so have all noble Lords who have spoken. This debate has been illustrative of the discussions we have had on the Bill and gives me an opportunity, in winding up, to answer some of the questions that have been raised. I am pleased with the general welcome that has been given not only to changes made to the Bill, for which I am extremely grateful and modestly so, but also to the amendments that we are considering today.

The Bill team has been much exercised about the changes to Clause 8; it has not been an easy thing to get together. There is always a gap between precision on the one hand and abstract concepts on the other. We do not want the clause to be a prison which makes it difficult for the Bill to be used to reform public bodies, which I think is desired across the House, nor do we want it to be open to challenge. I have a slight interest in music. I always like triplets; they add something to things. This triplet of alliterative words can be seen as being a duplication of meaning or as being an extension of meaning across a range of measurable indicators to which Ministers will have to have regard. That cannot be said of the amendment of my noble friend Lord Newton of Braintree, in which he introduced his more abstract concepts. There is a difficulty in that sense in that the definitions would be harder to pin down and more open to challenge than would be the case with those enshrined in Amendment 60A. It is true to say that even these are broadly defined precisely because the Government are proposing a wide range of reforms. However, the important point to note is that Ministers will be required explicitly to set out in an explanatory document accompanying any order why they believe the order will improve the exercise of public functions. I think the House agrees that that is very important and a great step forward.

I know that the noble Lord, Lord Pannick, was disappointed that we were not seeking to adopt my noble friend’s amendment but the breadth of the definitions involved would complicate the exercise of functions under the Bill. The most important thing is to ensure that, in exercising functions, we have the right checks so that Parliament can judge the issue using more measurable indicators. I say to the noble Lord, Lord Soley, that the measure does indeed impose an abstract evidential burden. However, there is a discipline on Ministers, and that is very important. The key here is the explanatory document in which a Minister must justify why he considers that the order meets the objective in Clause 8.

I hope that I have explained to my noble friend Lord Phillips why I would like to keep in all three words. They merge and blur into each other. The English language lacks precision in relation to things such as economy, efficiency and effectiveness but, like most things, we know them when we see them. They can be defined by an observer who is skilled at looking at them. Therefore, I hope that my noble friend will accept that I am not able to accept his amendment.

I would say to my noble friend Lord Maclennan that we do understand that he believes that any one of these things is sufficient. However, the fact that the three together have to be accounted for to Parliament in any order is the key to why we believe that Amendment 60A is sufficiently highly defined to assist Parliament in judging the orders when they come along.

I think the most interesting amendment to debate is the one tabled by the noble Baroness, Lady Hayter. Indeed, I, too, received the briefing from the World Wildlife Fund. I have been on its mailing list ever since I challenged the noble Lord, Lord Hunt of Kings Heath, on the Marine and Coastal Access Bill and, before that, on the Climate Change Bill. He and I know all about the Marine Management Organisation. It was something very close to my heart. Were the Marine Management Organisation to make an unreasonable decision that was not consistent with its aims and objectives—for example, if it showed bias—like any public body it would be subject to judicial review. My noble friend Lord Henley is here with me. I know that Defra does not propose to make sufficient changes to the basis of the MMO’s funding. Any changes made would be subject to the processes that the Bill sets in place. This would include, for example, any changes to the MMO’s funding.

The noble Baroness asked about functions in connection with Consumer Focus. Public functions are defined in Clause 25 as the statutory functions or functions under a royal charter. The order on Consumer Focus under Clause 1 will relate to its functions, including its statutory functions. Therefore, the purpose set out in Amendment 60A will apply. The Minister must consider,

“that the order serves the purpose of improving the exercise of public functions”.

I hope that I have managed to reassure noble Lords on the matters that have been raised. I beg to move Amendment 60A.

[The Chairman of Committees (Lord Brabazon of Tara)]

The amendment before the House at the moment is Amendment 60AA in the name of the noble Baroness, Lady Hayter.