Viscount Stansgate Portrait Viscount Stansgate (Lab)
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My Lords, I strongly support what the noble Lord, Lord Lansley, has said regarding his Amendments 5 and 7. One of the amendments lost to the Committee was drafted very much along the same lines, although mine made it. This is a very important issue. The work of the Select Committee in the House of Commons is superb. The former Minister, the noble Lord, Lord Willetts, knows all about it.

This is a very important principle, especially as we are discussing something so new and there is so much about it that we do not yet know. It is essential for the Select Committee to explore these matters with the chair and chief executive designate. I would go further than the noble Lord and make the appointments subject to the agreement of the Select Committee. Indeed, I regard this as an important principle to apply in general across many appointments made by government, many of which could be made subject to the agreement of the appropriate Select Committee.

As to the amendment from the noble Baroness, Lady Noakes, I found myself wondering, especially in regard to Amendment 2, whether her remarks about the ideal size of a board apply to the membership of a Committee stage of a Bill. Are we too large a group of people around this table effectively to conduct our business? I have an open mind on that, and I look forward to hearing what the Minister says in reply.

Lord Morse Portrait Lord Morse (CB)
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My Lords, I will speak only briefly, primarily about the amendments from the noble Baroness, Lady Noakes. They all reflect best practice in corporate behaviour and should be taken very seriously. The one that goes even deeper than that is Amendment 6, which looks at the prohibition of civil servants and former Ministers from being on the board for five years. That is really important and thoughtful—that we do not import Civil Service groupthink, which is well protected in other venues and continues for long periods of time. Not to have that on the board is a major protection for the qualities that you want ARIA to have.

Lord Fox Portrait Lord Fox (LD)
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My Lords, I am now going to indulge in some groupthink by agreeing with the last speaker and the noble Baroness, Lady Noakes. The Government fail to take her advice on corporate governance at their peril. All her amendments are sensible and ones that I hope the Minister, who clearly will not endorse them today, will be able to take away, think about and maybe amend a little to put the Government’s thumbprint on them. I suggest that it would be helpful to look at them seriously.

Amendments 5 and 7, as we have heard from the noble Lord, Lord Lansley, seek to inculcate the House of Commons Select Committee into the appointments process, at least at some point within it. Noble Lords will see, later on in the Bill, that Amendment 32 also seeks to carve out an ongoing role for that Select Committee. Clearly, if I were to stand by Amendment 32, Amendments 5 and 7 would also make a lot of sense, in that they will be there at the beginning.

It may be out of kilter or otherwise, but this set of amendments really looks at the membership and members of the board. I have a quick query, which may just be me getting things confused. The Minister kindly sent around the draft of the SI on conflicts of interests. Of course, this may come in when we come to talk about the fourth group of amendments. It refers to “members” throughout, and I am not clear what a member of this organisation is, which made me think that I am not actually clear what the legal structure of this organisation is. I think there is some work to do to help me—if no one else—through. Is this an incorporated association? Is it a company limited by guarantee? What is it? Until we know that, some of the other things that we need to discuss will become very difficult.