Gavin Shuker
Main Page: Gavin Shuker (Independent - Luton South)Department Debates - View all Gavin Shuker's debates with the Cabinet Office
(13 years, 5 months ago)
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Mr Maude
Powers to amend primary legislation by secondary legislation are not unprecedented. An amendment made in the other place, which the Government supported, will mean that either House can require an enhanced affirmative procedure. Such a procedure not only requires consultation before a draft order is laid, but allows a further period for reflection on, and analysis and scrutiny of, the proposal. It is reasonable to have a reasonably accelerated process for the reform of public bodies. Otherwise, we will end up in a position in which we have a wholly incoherent landscape of public bodies. I confess that even at the end of the process that we are currently proposing, that landscape will still be quite muddled, but it will at least have been cleared up to some extent.
Gavin Shuker
Further to the point made by my hon. Friend the Member for Edinburgh North and Leith (Mark Lazarowicz) on the OFT and Competition Commission, is that not an odd state of affairs? There are reports that one of those bodies will take responsibility for NHS contracts worth more than £70 million, yet today we are discussing the changes to them abstract from Monitor’s responsibilities.
Mr Maude
The functions will continue to exist, but there will be a rationalisation of the landscape of the bodies. A single competition authority will be created. A number of the consumer advocate functions will be given to citizens advice bureaux, which will strengthen their role and bring welcome additional funding to them—[Interruption.] I would hope that hon. Members welcomed the enhancement of the role of CABs that the Bill brings about.
The Bill provides an ability to make further changes as need arises in future. Each order-making power is limited in its application to those bodies that are listed in the relevant schedule to the Bill. Clause 1 creates a power for a Minister to abolish a body or office by order. Such an order may either abolish the body’s functions if they are no longer required, or transfer some or all of them to another eligible party, such as a Government Department, a charity or another public body.
In some cases, an order under clause 1 will be motivated by the principle of accountability—that a Minister should be directly accountable for Government actions within their sphere of influence. For that reason, we propose to abolish the Child Maintenance and Enforcement Commission and to return its functions to the direct control of the Department for Work and Pensions. In other cases, a body will simply be abolished to halt unnecessary expenditure and duplication. For example, clause 1 will also be used to introduce orders to abolish the Valuation Tribunal Service, the functions of which can now be performed by Her Majesty’s Courts and Tribunals Service, and which therefore no longer needs to be a separate entity, with its own overhead costs.
The next four clauses of the Bill create a complementary set of powers to merge groups of bodies, to modify constitutional or funding arrangements, or to modify or transfer a body’s functions. The breadth of those powers is a reflection of the breadth of the Government’s reform agenda. We aim to enhance the scope of civil society by the creation of a new waterways charity to replace British Waterways. Our agenda spreads to the modification of regulatory bodies such as Ofcom and the Equality and Human Rights Commission to ensure that they are fully focused on their vital regulatory functions.
In total, 294 bodies currently appear in the schedules to the Bill, demonstrating the importance of this measure to the reform agenda. Details of our proposals for each of those bodies are available in a document that has been placed in the House Library. I can assure the House that that document will be updated regularly throughout the passage of the Bill, and I hope it forms a valuable basis for debate in Committee.
In addition, the Bill creates specific powers for Welsh Assembly Ministers to take forward a number of changes to public bodies operating in Wales. Those will assist the Welsh Assembly Government as they seek to simplify their public bodies landscape and to deliver further savings, and I hope that those measures also enjoy the support of the House.
As I have indicated, the passage of the Bill through the Lords saw a number of modifications to the mechanisms of the Bill. The modifications tighten the purposes for which those powers can be used and ensure the appropriate balance between speed and scrutiny in the reform process. Those changes mean that the Bill that was introduced in this House strikes a carefully crafted balance. It will enable Ministers to make much-needed reforms to public bodies without recourse to specific primary legislation, an innovation that I believe will support efficient management of public bodies both now and in the future. Yet at the same time, the Bill requires Government to make the case for their proposals to stakeholders and to Parliament, guaranteeing that proper consideration is given to the exercise of important public functions.
I should tell the House that the Government intend to introduce a number of amendments in Committee. In particular, the House will be aware that following the written ministerial statement on 15 June by the Minister of State, Department for Business, Innovation and Skills, my hon. Friend the Member for Hertford and Stortford (Mr Prisk), who has responsibility for business and enterprise, the abolition of the regional development agencies will now be taken forward in primary legislation through the Bill. Abolishing the RDAs in the Bill will ensure that the Government can meet our timetable for the development of a new framework for regional growth, providing clarity and opportunity to businesses across the nation.
Similarly, we will seek to amend the Bill to modify the Broadcasting Act 1990 to revise the funding arrangements for S4C by removing the retail prices index link, while securing the channel’s independent future status and delivering significant savings.
I can also inform the House that the Government will seek to reintroduce the office of the chief coroner and the Youth Justice Board to the Bill’s schedules, overturning votes in the other place. As I said earlier, my right hon. and learned Friend the Lord Chancellor has listened to the concerns raised in relation to the important functions that those bodies are designed to carry out, and I believe that our revised proposals will gain wide support. We have agreed that the office of the chief coroner should remain on the statute book, and our amendments will propose adding it to schedule 5 to the Bill to enable some of its functions to be transferred to the Lord Chief Justice and the Lord Chancellor.
The Government will propose a number of more technical amendments to the Bill, including measures to clarify the requirements of the consultation process in clause 10, to ensure that any orders made under the Bill in relation to the funding arrangements of bodies or offices require the consent of the Treasury and to modify the list of taxes subject to variation in their provision as part of a transfer scheme made in connection with an order under the Bill.
The Government are committed to bringing about radical change in the administration of government in the UK—change that responds to the public’s demand to place the principles of transparency, accountability and value for money at the centre of what the state does. Quango reform has been long promised by parties on both sides of the House and is long overdue, but we have now taken the difficult decisions necessary to make it possible and to make it happen. By enabling a comprehensive and overdue reconfiguration of the landscape and by creating a framework to support better management of public bodies in the future, the Bill gives the Government the essential tools with which to turn this commitment into reality. I commend it to the House.
Elizabeth Truss
I entirely agree with my hon. Friend. I also agree with my hon. Friend the Member for Vale of Glamorgan (Alun Cairns), who said that such bodies are often set up because Government believe that something ought to be done and to give some plausible deniability to difficult and controversial decisions that the Government do not want to own. It is only right that we should make it easier to get rid of bodies that no longer serve their purpose and that lie in a twilight zone, subject neither to proper democratic accountability nor to the rigours of the market, with consumers having no choice on whether to use them.
Quango chiefs are often paid more than senior civil servants. The chief executive of Partnerships for Schools is paid £215,000 a year for the botched job that was Building Schools for the Future, the chief executive of the Higher Education Funding Council is paid £230,000 a year for administering university places, and the chief executive of the London Probation Trust is paid £240,000 a year. There are other bodies that rely heavily on Government funds but are not actually quangos, and their chief executives and directors general can command even higher salaries. For example, the director-general of the BBC is paid £615,000, the vice chancellor of Birmingham university is paid £390,000 and Network Rail’s chief executive, whose new salary we do not know, was previously paid £1.25 million, even though that relied mainly on income streams that come from the Government.
Gavin Shuker
Of the six bodies that the hon. Lady has just mentioned, will she explain which are in the Bill?
Elizabeth Truss
The point I am making is that we have a huge universe out there, which this Bill seeks to address. We are seeking to reduce the number of bodies and make them more accountable. My speech is about the importance of accountability, which the Bill lays out.
I believe that organisations and people that take real risks and put their homes and businesses on the line deserve real rewards and to make a profit. That is what motivates people in our economy and helps allocate resources. It is the invisible hand that has served this country well over generations. I think that we need more honest profit in this country, as that is what will get us out of the hole we are in. We will not get out of that hole by spending more money on bodies for which the rewards are many, but the risks are few. My complaint about executives in the twilight zone is that they do not risk their own money and instead have a technocratic role. I think that their maximum pay should be that of a senior civil servant, and the most senior civil servant in the Home Office is paid £200,000. Private companies in competitive markets carry out research, investigate their customer loyalty and try to get people to buy their products. They have a real market and real consumers to respond to.
I am pleased to see the Bill go ahead. We are finally seeing the bonfire of the quangos that the previous Prime Minister and those before him talked about. It is of course difficult to make these things happen, so I am pleased that the Government have persisted. I want to talk about two late and lamented quangos that will disappear, the Legal Services Commission and the Qualifications and Curriculum Development Agency. The Legal Services Commission presides over one of the most expensive legal aid systems in the world, costing £120 million. It was attacked by the National Audit Office for failing to hold lawyers to account and by lawyers for not understanding what they do.
The QCDA presided over some of the worst-quality exams in this country and an incoherent curriculum. Of its eight board members, only one has been a teacher and none has higher education experience. The rest were professional quangocrats who created such abominations as the A-level in the use of mathematics, which was of a far lower standard than the actual mathematics A-level, and the pick and mix of modular qualifications that has been developed in this country. We should compare the QCDA’s approach with what the Department for Education is now doing on the curriculum review: having public discussions, making the decisions publicly accountable and being open to scrutiny and accountable to Back Benchers during Education questions. That is far preferable to those decisions being taken behind closed doors in a quango. Ministers can be lobbied and the finances of the organisations can be scrutinised, and we do not hear this nonsense about commercial confidentiality.
Too many bodies have been making decisions that do not have due regard for electors or consumers. These organisations have little incentive to save money, and they have high rewards where the job is essentially technocratic. We should have a system where no public money is spent without proper accountability and there are no excessive rewards without taking a risk. This Bill is the right step forward in reducing the size of the twilight zone that has been created in British politics. I hope that the Government use this opportunity to bring even more of the space debris out of the twilight zone and into the sunlight.
Gavin Shuker (Luton South) (Lab/Co-op)
I rise to speak about a couple of the bodies concerned with rural communities that were mentioned by my hon. Friend the Member for Birmingham, Erdington (Jack Dromey), who is no longer in his place. It was interesting to hear Conservative Members expressing disdain for his view that Labour had made a valuable contribution to rural communities under the last Government. That goes to the heart of why I want to talk about these bodies. It is perhaps inevitable, as Labour Members tend to represent the more urban seats and Conservative Members the more rural ones, that a certain reputation in that regard is picked up. I fear, however, that this Government will run down the huge amount of good will felt towards them in rural communities if they ignore the question of the Agricultural Wages Board and the Commission for Rural Communities. Taken together, those are very important organisations.
I have some sympathy for the Government’s position in wanting to change the constitutional arrangements of certain bodies, but the Minister himself said earlier that it is difficult to maintain an overview of every single body that a Bill of this size deals with. I hope that the Government will be willing to listen on this particular point, because rural communities run the risk of getting a very raw deal.
Richard Harrington
As I understand it, agricultural workers are protected by the same rules as everyone else. The minimum wage, which the Labour Government brought in and which, I must confess, has proved very successful, would protect agricultural workers just as it would any other kind of worker. Can the hon. Gentleman think of any reason why one group of workers should be treated differently from the others in this regard?
Gavin Shuker
The hon. Gentleman has asked a straightforward and honest question. I shall go into this in more detail a little later, but one reason would be that agricultural workers are more likely to find themselves in a changeable labour market. The Agricultural Wages Board takes into account six bands for agricultural workers, and only 20% of the people who receive funding from their employer that is moderated by the board receive a level around about the minimum wage. Essentially, we could end up bringing the other 80% down to that level in a wage race to the bottom. Let me explain why it is important to take the special character of rural communities into account.
Guto Bebb
I have heard this terminology of a “race to the bottom” used twice by Labour Members. Was not the decision of the previous Labour Government to allow unfettered immigration from eastern Europe another case of contributing to a race to the bottom when it came to wages in the agricultural sector?
Gavin Shuker
We need a framework in which all workers are treated on an equal level. The hon. Gentleman makes an astute point—that in a market without any regulation, people will work for the smallest amount of money. If we had more time, I could discuss the issue at greater length, but the hon. Gentleman’s point deserves more scrutiny.
The Commission for Rural Communities has been an independent advocate since the time of Lloyd George—surely a reason why Conservative Members suggest that it is well beyond its time—but we should bear in mind the important point that the cost of living can be 10% or 20% greater in rural communities than in urban areas. If I were a Minister on the Government Front Bench and I wanted to get on with implementing my programmes—something would have to have happened for that to be the case—I would probably not want a very strong independent voice for rural communities. I think that that is a shame, because when we release people to become strong advocates for their own communities, it serves us all well.
The Rural Advocate appointed by Tony Blair in 2000, Lord Cameron of Dillington, said:
“All too often—in fact, almost always—urban civil servants ignore or are unaware of difficulties of delivery in the countryside…It would be a tragedy if the countryside were to lose that independent voice.”—[Official Report, House of Lords, 23 March 2011; Vol. 726, c. 767-8.]
I think he put it very well. It is easy for us here in Westminster to ignore some of the major problems that rural communities face—in housing, broadband and public transport, for example. How do people in the countryside, especially the young, get to work? Those are real issues. I believe that the Commission for Rural Communities continues to have a valuable voice to articulate—independently of Government but to the Government. I also believe that the changes advocated in the Bill will not strengthen that independent rural voice, which, as I said before, has been around for about 100 years.
The hon. Member for Watford (Richard Harrington) anticipated some of my points. The Agricultural Wages Board is key to ensuring that the additional cost of living that rural communities face can be met by showing a greater responsibility to those who work in the countryside. The board was put in place after world war two. That might be used as an argument to get rid of it, but it is really a poor argument for dismissing the present board. It represents a partnership among the industry, the unions, landowners and all interested parties in the countryside. Those groups come together and a deal has to be hammered out on the different wage bands, just as we have to hammer out deals in this place.
Richard Harrington
When the Agricultural Wages Board came into being in the late 1940s, lots of other industries were similarly regulated with their own boards. Most of those have gone—not just as a result of Conservative Governments but by general consensus. I do not understand why the Agricultural Wages Board is different.
Gavin Shuker
I appreciate the point, but additional costs of living and the ability for different groups of workers to be exploited within that industry are relevant. I believe that those require us not to weaken the regulations, but to keep them in place.
Let me offer two further specific points about the abolition of the Agricultural Wages Board. Without the AWB, each individual business will have to negotiate its own individual terms and conditions. Far from reducing red tape for farmers, we will increase it. Many of them just want to get on and farm; many just want to run their business; many are not experts in the area of human resources or employment law.
Secondly, without the AWB, I believe we will see a dramatic decrease in wages across the industry. As I said before, only about 20% of those regulated by the AWB receive round about the minimum wage; there are six bands above it. The industry needs a sense of career progression and a credible ladder of opportunity in order to attract more people into it to strengthen food security. The Minister will obviously say that the minimum wage remains a safeguard. That is true, but I believe that there will be a race to the bottom without the AWB. The Bill will restrict the amount that can be charged for accommodation, an area in which people may be exploited. It will also affect agricultural sick pay, which is very important to manual labourers.
I sympathise with the Government’s wish to make reforms, which is their right. They will present more proposals, and they have already made amendments to the Bill, such as the removal of the clauses relating to forests. However, they risk making a serious impact on rural communities that are already suffering. For that reason, I ask them not to poison the well from which they draw much of their support, and to reconsider their position.