Public Bodies Bill [Lords] Debate

Full Debate: Read Full Debate
Department: Cabinet Office

Public Bodies Bill [Lords]

Mark Williams Excerpts
Tuesday 12th July 2011

(13 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Mark Williams Portrait Mr Mark Williams (Ceredigion) (LD)
- Hansard - -

It is a pleasure to speak on a Bill that is a great improvement on the version originally presented in the House of Lords, although I do not think that the Minister quite conceded that.

Schedule 7, perhaps the most contentious part of the Bill, has gone, and there is much more restriction of Executive power. The Bill has been amended to require a statutory duty to consult on orders, the simple affirmative procedure has been replaced by an enhanced affirmative process whereby representations can be made to the Minister, and the Minister may re-lay an amended order if necessary. All bodies mentioned in the schedules are now subject to a five-year sunset clause, which means that authority to amend them is confined to the current Parliament and future Governments must either renew the legislation or pass their own. Notwithstanding the inevitable criticisms, this is not the same Bill that the House of Lords Delegated Powers and Regulatory Reform Committee said

“would grant to Ministers unacceptable discretion to rewrite the statute book, with inadequate parliamentary scrutiny of, and control over, the process.”

Paul Flynn Portrait Paul Flynn
- Hansard - - - Excerpts

Does my hon. Friend recall the Welsh proverb “Mae allwedd arian yn agor pob clo”, which can be translated as “The key of money opens every lock”? It is both a suitable motto for the Murdoch empire and a warning that the money going to the BBC might be used to take over S4C.

Mark Williams Portrait Mr Williams
- Hansard - -

I am grateful to my hon. Friend for that quotation. I concur with the sentiment behind it, and I will say something about S4C in a moment. I also associate myself with the spirited defence of the channel presented by the hon. Member for Clwyd South (Susan Elan Jones).

The Bill still gives rise to concern on a number of grounds. We might expect that from a Bill that abolishes and reforms a significant number of public bodies, all of which will have their defenders—I shall defend two Welsh organisations later in my speech—but it is worth reflecting on the Government’s reasons for proceeding with it. Under Governments of all parties there has been a huge increase in the number of public bodies in the past 30 or 40 years, and the present Government face the need to reduce the deficit. I was relieved to hear the word “accountability” from my right hon. Friend the Minister for the Cabinet Office as frequently as I did.

Robert Flello Portrait Robert Flello (Stoke-on-Trent South) (Lab)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Mark Williams Portrait Mr Williams
- Hansard - -

I have only four and a half minutes, but I will give way.

Robert Flello Portrait Robert Flello
- Hansard - - - Excerpts

I am most grateful to the hon. Gentleman. He talks of accountability. The bereavement and support charity INQUEST says that the Government’s proposals to

“dismantle the office of the Chief Coroner”

will

“add yet another layer…to the…fragmented structure where lines of accountability are opaque and clear leadership is absent.”

The charity believes that accountability will be reduced if responsibility is given to the Ministry of Justice.

Mark Williams Portrait Mr Williams
- Hansard - -

I am not sure whether the hon. Gentleman was present when my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) mentioned the office of the chief coroner. I refer him to my right hon. Friend’s remarks.

I think we should remind ourselves of the consensus that exists. It is clear that setting about getting rid of a number of public bodies created by primary legislation raises significant challenges, and that the only way of making that achievable was to create a streamlined model. However, it is undoubtedly true that the Bill as originally presented was over-zealous. It was entirely unacceptable that the remaining bodies listed in schedule 7 could be added to other schedules by order. That is now rightly not the case, and the Bill is more suitable for the purpose for which it was intended.

I welcome the addition of clause 10, which creates a need to consult the person or office holder to which the proposal relates as well as persons

“representative of interests substantially affected by the proposal”.

That, I believe, needs to be reinforced.

In my constituency in the west of Wales, 60% of residents speak Welsh as a first language. S4C and plurality in Welsh language broadcasting is vital, and concerns remain about the model currently proposed and the impact that it would have on, in particular, S4C's governance and independence. I do not start from a “no change” position. At a time when other broadcasting bodies face significant cuts, S4C cannot—and, for that matter, does not—expect to be treated differently from other broadcasters. It has shown a willingness to discuss a new model with the DCMS and the BBC, but fundamental differences remain between the BBC and S4C.

The two basic concerns relate to long-term funding and guarantees of funding after 2015, which has been partly addressed—I will qualify that later—by yesterday's written statement, and to S4C’s remaining independent. Yesterday's written statement confirmed that an amendment would be introduced that would put in statute the level of funding for S4C that is required for it to meet its statutory remit as a Welsh language broadcaster. I await the text of the amendment, because it must pave the way for a formula set by the Government and not the BBC, providing parity with other broadcasting organisations.

It is also vital for S4C to remain financially and operationally independent, and not to be run by the BBC. The DCMS has made clear that it expects S4C to be independent, and has given a number of undertakings to guarantee that. It would be helpful if the Department also made abundantly clear that the BBC must not have its personnel in S4C's management team, and that S4C must remain in charge. Discussions are taking place to find a suitable model, but it is hard not to conclude that the Department for Culture, Media and Sport has put all its eggs in one basket in an attempt to meet the time frame for this Bill, instead of addressing fundamentally the challenges of supporting S4C in an age when digital services have led to an increasingly fragmented market and at a time of reduced public expenditure. This looks rushed, and it would surely be better to carry out a full review of how S4C should be constituted, with the aim of finding a long-term solution, whether that be a model of full funding from Westminster, a partnership model along the lines proposed currently, albeit with a stronger guarantee of independence, or even a channel funded by the Welsh Government in the event of broadcasting being devolved.

All four party leaders in Wales wrote to the Culture Secretary in support of such a review. The Select Committee on Welsh Affairs report on S4C stated that this haste was “regrettable”, and the Select Committee on Culture, Media and Sport said that it found it

“extraordinary that the Government and the BBC, which is fiercely protective of its own independence, should find it acceptable to agree a change in the funding and governance arrangements for another statutorily independent broadcaster, S4C, without the latter having any involvement, say or even knowledge of the deal until it has been done.”

It strikes me that this is the respect agenda in reverse.

It is of great concern that very little consideration seems to have been given to an holistic way forward. On a matter as important as Welsh language broadcasting, that is obviously not good enough, and I would welcome it if the Minister provided an assessment of the current situation regarding negotiations over the future of S4C, and say whether the Government would consider removing the provisions relating to S4C until all the possible alternatives have been pursued. In the other place, a great deal of concern was expressed about Channel 4’s inclusion in the Public Bodies Bill and the uncertainty that created. Channel 4 has now been removed from it, and I believe S4C should also be removed.

Members on the Government Benches have spoken about Citizens Advice and the new functions it would assume from Consumer Focus. Again, in Wales this issue is particularly pressing because the current structure of Citizens Advice does not lend itself to Welsh governance. There is a separate structure in Scotland, which allows for Scottish matters to be looked at differently, but that is not the case in Wales, where policy work is led from London. Consumer Focus Wales wants an amendment led by the Department for Business, Innovation and Skills to give Assembly Ministers the power to determine the structure they want—a power not to acquire new powers, but to determine a Welsh structure.

I have focused on the concerns that still exist, but I do not want that to detract from what is a necessary measure. The Bill represents a step forward, but there are considerable—