Public Bodies Bill [HL]

Baroness O'Loan Excerpts

Tuesday 23rd November 2010 Lords Chamber

[Lord Taylor of Holbeach]

I am not in a position to say that because I do not believe that that is what public bodies exist to do. They do not have a brief to comment on government legislation. However, they do have a brief to comment on anything that might affect them in particular, and that is why they are perfectly entitled to be involved in a consultation process on matters that may affect them during enactment of the Bill and during the presentation of a statutory instrument to change their position within the schedules, which is what the consultative process identified in Amendment 114 is all about. I should like to be able to talk more about that. The government amendment—

[Baroness O'Loan]

My Lords, I am still having some difficulty in understanding the Government’s position and in knowing exactly to which policy the noble Lord is referring in this context. We all know from long experience that there are many ways of influencing public bodies, and one of them, notwithstanding this legislation, is to make budgetary decisions that impact adversely on them. The comprehensive spending review has led many bodies to anticipate budgetary changes which may well be adverse for them. In those circumstances, and given the determination of this House to ensure effective and proper consultation at every stage of legislation, would it not be helpful, speaking as a fundamentalist, if the noble Lord were to declare that public bodies do have the right to comment on matters affecting them and that inclusion in any schedule is a matter that affects a public body and may well impact on the discharge of its statutory functions?

[Lord Taylor of Holbeach]

I am sorry but I am not prepared to concede that. I think that it would take public bodies into the role of advocacy and campaigning, which is not really their function. It is up to Governments to make decisions about these matters, followed by a process of consultation, and to make quite clear that all public bodies are affected.