Public Bodies Bill [HL]

Debate between Lord Goodhart and Lord Lester of Herne Hill

Monday 28th February 2011 Lords Chamber

[Lord Goodhart]

My Lords, I am extremely grateful to my noble friend Lord Taylor of Holbeach for informing us of the removal of Schedule 7 and Clause 11. I was seriously concerned about this matter because I was until the general election the chairman of the Delegated Powers Committee, and I think I am its only surviving former chairman. As it was drafted, the Bill gave power in Schedule 7 and Clause 11 for the Government to do all sorts of things whenever they decided to do so. It was entirely uncertain, and whenever I looked at it I saw in my mind the quotation from King Lear:

“I will do such things, what they are yet I know not, but they shall be the terrors of the earth”.

What is now proposed is broadly within the standards recognised by your Lordships’ House for delegated powers and I am very pleased that this difficulty is over. It will cut a very substantial amount of time from what we would have expected.

[Lord Lester of Herne Hill]

My Lords, the Minister was kind enough to refer to the noble and learned Lord, Lord Mackay, and myself. The noble and learned Lord, Lord Mackay, is sorry that he cannot be here today, but I explained to him what I would like now to say. We are delighted that over the past seven weeks discussions have continued with members of the Civil Service, the Cabinet Office, and so on, on what to do about Amendment 175. My noble friend Lord McNally, who is even more optimistic than I am, said seven weeks ago that he hoped and believed that we would be able to come to a satisfactory arrangement on Amendment 175, and I share his hope still. It is extremely important that this is settled by the next day this Bill is in Committee, because it goes to the architecture of the Bill. Although we are debating details today, the House will need to be quite sure that the safeguards in Amendment 175, or something very close to them, are in place before the Bill leaves Committee. Otherwise, we will be in the position of someone trying to cross a river and not knowing whether a stepping stone is solid or slippery.