Public Bodies Bill [HL]

Lord Lester of Herne Hill Excerpts

Wednesday 9th March 2011 Lords Chamber

Moved by

[Lord Lester of Herne Hill]

175ZA: Before Clause 20, insert the following new Clause—
“Restrictions on Ministerial powers
(1) The modification or transfer of a function by an order under the preceding provisions of this Act must not prevent it (to the extent that it continues to be exercisable) from being exercised independently of Ministers in any of the following cases.
(2) Those cases are—
(a) where the function is a judicial function (whether or not exercised by a court or tribunal); (b) where the function’s exercise involves enforcement activities in relation to obligations imposed on a Minister;(c) where the function’s exercise otherwise constitutes the exercise of oversight or scrutiny of the actions of a Minister.(3) Provision made by an order under the preceding provisions of this Act must be proportionate to the reasons for the order.
(4) In this section “enforcement activities” means—
(a) the bringing of legal proceedings or the provision of assistance with the bringing of legal proceedings;(b) the carrying out of an investigation with a view to bringing legal proceedings or to providing such assistance; or(c) the taking of steps preparatory to any of those things.”

[Lord Lester of Herne Hill]

I believe that Charles James Fox became known as the dinner bell because when he got up to speak everyone had dinner. This is the second time this week that the House has had the misfortune to hear me after midnight, so I hope that I do not become known as the nightcap as a result. However, it reminds me of the barrister who once asked an Irish judge for time and the judge replied, “Thou hast exhausted time and trespass now upon eternity”.

This amendment is tabled in substitution for Amendment 175. It has support from all sides of the House. I am extremely grateful to the Bill team, the Government’s senior legal advisers and my noble and learned friend Lord Mackay of Clashfern, who have enabled an amendment to be produced to give effect in clear terms to Amendment 175. I am also grateful to the noble Lord, Lord Pannick, who managed a successful revolt on the first day in Committee to obtain the House’s approval of our paving amendment. I express thanks to the noble Lord, Lord Hunt of Kings Heath, and the Minister, without whom what is now proposed would not have come to pass before the Bill left the Committee. Three scrutiny committees have also played a vital role: the Constitution Committee, the Delegated Powers and Regulatory Reform Committee and the Joint Committee on Human Rights, of which I am a member. Ministerial clearance of the amendment came too late to be able to advise those committees before the amendment was tabled yesterday late afternoon.