Public Bodies Bill [HL]

Lord Woolf Excerpts

Monday 4th April 2011 Lords Chamber

[The Lord Speaker (Baroness Hayman)]

It might be of assistance to the House if the noble Lord would choose whether to move his amendment at the appropriate point. At the moment we are still considering Amendment 60AA, moved by the noble Baroness, Lady Hayter, as an amendment to Amendment 60A.

[Lord Woolf]

My Lords, I will intervene briefly on Amendment 60A to add to the paeans of praise from other noble Lords on the way that the Minister has promoted the Bill. I was deeply concerned about the way that it was originally drafted, not least from the point of view of many judicial or quasi-judicial bodies that could have come to a summary end if amendments had not been made. I hope that this is not misunderstood but the Minister has showed exemplary understanding of the concerns expressed on all sides of the House. I know that the noble Lord, Lord Phillips, was not concerned for the judiciary but perhaps I may put myself in a different category: I was concerned for the judiciary as it was. The Bill is now in immeasurably better form. Other noble Lords have said this afternoon that they would like the Minister to amplify on this or that comment, but I see no practical difficulty in regard to the Bill as it now stands.

[Lord Maclennan of Rogart]

My Lords, I would like to add my words of appreciation to those that have already been made to my noble friend Lord Taylor of Holbeach. When a Bill of such complexity and importance is produced early in the lifetime of a Parliament, it is perhaps not entirely surprising that the drafting would give rise to great concern. That concern has been reflected in the reports of committees of this House. Those committees—the Constitution Committee and the Delegated Powers and Regulatory Reform Committee—are due warm appreciation because, although there was no prior, pre-legislative scrutiny, they have given it most careful scrutiny. I am particularly grateful for the 12th report from the Delegated Powers and Regulatory Reform Committee which set out the matter that is to some extent covered by Amendment 60A, moved by my noble friend Lord Taylor of Holbeach.

The Minister referred to Amendment 61ZA standing in my name and to which I draw the House’s attention. That was intended to respond to the observation of the Delegated Powers and Regulatory Reform Committee that certain matters set out in Clause 8 are simply ones to which the Minister must have regard or consider. It was a particular criticism based upon the wider concern that the purposes of the Bill and the powers to be used by Ministers had not been adequately set out, and that this was a power of delegation to be embodied in the Bill which needed greater justification in terms of its purposes. I am grateful for what the Minister has said. The language of his amendment appears designed to tackle this gap, at least in part. There are certain differences between the drafting of my amendment and Amendment 60A.