Public Bodies Bill [HL]

Baroness Hayman Excerpts

Monday 4th April 2011 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I shall speak to Amendment 60B. I cannot resist following up the compliments of the noble Baroness, Lady Hayter, and the noble Lord, Lord Soley, but when I recall that my noble friend Lord Taylor comes from Holbeach, he is now known for ever in my mind as the “Lincolnshire poacher” because he is the man who took the wretched Schedule 7 right out of the Bill. I thank him for that.

My amendment is designed to try to make the addition to the Bill proposed by the noble Lord, Lord Taylor, a little more manageable for the user, if I can put it that way—and I am not thinking of the judges. My noble friend anticipated what I might say by giving the example of two pensions bodies for which he felt the proposal might be efficient but not economical. He studiously avoided referring to the other epithet to be found in his amendment: “effectiveness”. My claim is that “effectiveness” covers precisely the point that he is seeking to maintain.

I am concerned about the duplication created by the words “efficiency” and “economy”. Indeed, I looked up all three words in the dictionary, and “efficiency” is part of the meaning of “effectiveness”. Given that the law of the land is that Parliament does nothing in vain, I wonder whether we are not creating a problem in the repetitive nature of “efficiency, effectiveness and economy”. Instead of eliminating “efficiency”, I suppose I could have eliminated “economy”, but I feel strongly that this is a bit like saying of the Minister that he is strong and powerful and effective. Someone reading those attributes might say, “Well, it is the sheer muscle power that must rule the roost in that description of his virtues”. What concerns me a little is that the same sort of approach may be taken not by a court but by a Minister himself or herself: namely, that efficiency and economy are the overriding requirements. In fact, I believe that effectiveness is always the most important virtue of the three. Effectiveness surely goes to the achievement of the purposes to which the effectiveness relates. You can be as economical and efficient as you like, but effectiveness is key.

I shall not labour the point, but I would like the Minister to consider what I have said about the example that he gave and, if he can—here I challenge him—to come up with an instance in which the elimination at Third Reading of the word “efficiency” or, if he prefers, “economy”, would in any way encumber a Minister in what he or she has to do under this very important clause. I beg to move.

[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.