Public Bodies Bill [Lords]

Debate between Nia Griffith and Andrew George

Tuesday 25th October 2011 Commons Chamber

[Nia Griffith]

First, it must be said that the Opposition have been dismayed at the way in which the Government have introduced a Bill to abolish so many valuable bodies with so many diverse functions. They have all been lumped together in this one Bill, which has been designed to abolish them, and this has afforded very little time for debate. Although we may accept some Government new clauses and amendments to make the outcome of the Bill fit within the devolution settlement and to iron out some anomalies—we understand that those changes are necessary and logical—that does not mean that we are giving unreserved support to the Bill. Far from it. In other words, we would far rather not be starting from here.

We have been confronted with a large number of new clauses and amendments at this very late stage of the Bill. A more appropriate way of dealing with these measures would have been in Committee, having allowed proper time for consultation and debate. Instead, these Government amendments were published only yesterday morning. As the Welsh Assembly is in recess this week, there has been no opportunity for the Opposition to consult Welsh Ministers. Indeed, even if it were not in recess, there would have been an absurdly short period of time for us to consult those Ministers or anyone else who has an interest in these amendments. Let us contrast that approach with the extensive discussions we had in the Committees on the Bills that became the Marine and Coastal Access Act 2009 and the Flood and Water Management Act 2010 about exactly how functions would apply to Wales.

Let me address the four issues to which the Minister has referred. First, on shared services, we need to remember that this is the Minister who only last October tried to explain to charities that they need not worry about TUPE because it would not apply. We can all appreciate the need for savings and the benefits that sharing staff can bring but I am concerned that the Minister is trying to bamboozle us with this measure. I am worried about his understanding of TUPE and the importance of protecting staff if they have to transfer from one place to another, if their functions are transferred, if their job description is changed or if they find themselves doing something that they were not originally appointed to do. I feel that the Government need to take on board the protection that such people should be afforded.

On the Environment Agency and issues such as flooding, of course we appreciate the need for the most appropriate and efficient way to operate. There is already close co-operation on the ground. If we can remove legal barriers to solving any problem in that respect, that is clearly the correct way forward.

Co-operatives have been mentioned, and of course the Opposition have always championed them.

Finally, the technical amendments are clearly consequential, and we therefore accept them in the context of our opposition to the general thrust of the Bill.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

New Clause 2

Delegation of Welsh environmental functions

‘(1) A person to whom this section applies may make arrangements with another such person for—

(a) a Welsh environmental function exercised by one to be exercised by the other;

(b) co-operation in relation to the exercise of Welsh environmental functions.

(2) This section applies to—

(a) the Environment Agency,

(b) the Forestry Commissioners, and

(c) a person not falling within paragraph (a) or (b) who exercises a Welsh environmental function.

(3) The Welsh Ministers’ consent is required for arrangements under subsection (1).

(4) The Welsh Ministers may by order make provision about how the function of making arrangements under subsection (1) is to be discharged (including provision about the extent to which a fee may be charged in respect of anything done under the arrangements).

(5) An order under subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6) The Secretary of State’s consent is required for arrangements under subsection (1) involving, or an order under subsection (4) affecting—

(a) the Environment Agency,

(b) the Forestry Commissioners, or

(c) a person not falling within paragraph (a) or (b) who is a cross-border operator.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Shared services

‘(1) A person to whom this section applies may make arrangements with any other person to provide administrative, professional or technical services to that person for purposes relating to the exercise of public functions in or as regards England or Wales.

(2) This section applies to—

(a) the Board of Trustees of the Royal Botanic Gardens, Kew;

(b) the Environment Agency;

(c) the Joint Nature Conservation Committee;

(d) an internal drainage board;

(e) the Marine Management Organisation;

(f) Natural England;

(g) a person not falling within paragraphs (a) to (f) who exercises a Welsh environmental function.

(3) The Secretary of State’s consent is required for arrangements under subsection (1) involving a person who exercises a non-devolved function (whether or not the person also exercises a Welsh devolved function).

(4) The Secretary of State may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a non-devolved function.

(5) An order under subsection (4) requires the consent of the Welsh Ministers if the person referred to in subsection (4) also exercises a Welsh devolved function.

(6) An order under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The Welsh Ministers’ consent is required for arrangements under subsection (1) involving a person who exercises a Welsh devolved function (whether or not the person also exercises a non-devolved function).

(8) The Welsh Ministers may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a Welsh devolved function.

(9) An order under subsection (8) requires the consent of the Secretary of State if the person referred to in subsection (8) also exercises a non-devolved function.

(10) An order under subsection (8) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(11) The provision referred to in subsections (4) and (8) includes provision about the extent to which a fee may be charged in respect of anything done under the arrangements.

(12) The power to make arrangements under subsection (1) is without prejudice to any other power of a body to which this section applies to provide services to other persons.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Shared services: Forestry Commissioners

‘(1) The Forestry Commissioners may make arrangements with a person who exercises a Welsh environmental function (with or without other functions) to provide administrative, professional or technical services to that person for purposes relating to the exercise of public functions in or as regards Wales.

(2) The Welsh Ministers may by order make provision about how the function of making arrangements under this section is to be discharged (including provision about the extent to which a fee may be charged in respect of anything done under the arrangements).

(3) An order under subsection (2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) The Secretary of State’s consent is required for—

(a) arrangements under this section, or

(b) an order under subsection (2).

(5) The power to make arrangements under this section is without prejudice to any other power of the Forestry Commissioners to provide services to other persons.’.—(Mr Hurd.)

Brought up, read the First and Second time, and added to the Bill.

New Clause 7

Agricultural wages

‘(1) In section 3 of the Agricultural Wages Act 1948 (power of Agricultural Wages Board to fix wages, holidays and other terms and conditions) the powers and duties of the Agricultural Wages Board are transferred to the Low Pay Commission.

(2) The Low Pay Commission shall establish an advisory board of employer and employee representatives from agricultural and related industries to make recommendations to the commission in fulfilment of its duties under the Agricultural Wages Act 1948.’.—(Andrew George.)

Brought up, and read the First time.

[Andrew George (St Ives) (LD)]

I beg to move, That the clause be read a Second time.

Wild Animals (Circuses)

Debate between Nia Griffith and Andrew George

Thursday 23rd June 2011 Commons Chamber

[Nia Griffith]

Indeed; my hon. Friend has clarified the position. It is very straightforward. It can be achieved because of the groundwork that was done during the first stages of the Animal Welfare Bill.

Evidence from local councils over very many years shows that when given the opportunity many local councillors, rather than trying to ban the use of animals, have said that circuses are not allowed to come on to their land to perform because they want to make the point and respond to public opinion. We do not want a messy licensing situation whereby this, that and the other has to be done and the situation is unclear to everybody—we want a simple, straightforward ban.

[Andrew George (St Ives) (LD)]

I am sure that there will be party political points to be scored throughout the debate; I congratulate those who have called it. Does the hon. Lady accept, however, that there is a gathering consensus, with the Government’s body language since the announcement on 13 May indicating that there is a growing preference in Government for a ban?

[Nia Griffith]

We want a definitive decision to be taken today. We want that decision to go in favour of a ban, and we want that ban to be implemented without any further delays of any sort whatsoever. The consultation clearly indicates where public opinion stands and the reasons why. I am not going to keep listing the terrible instances of cruelty that we have heard about. Even if there were no deliberate cruelty, it is clear to anybody that the lifestyle of always popping in and out of a cage and performing and travelling is not something that anybody could possibly understand as the way that a wild animal would be expected to behave.

On the business about 10 generations, even in the case of our own cats and dogs who may be 10 generations domesticated, we have cat flaps and take dogs for walks. We certainly do not expect them to live the life of popping in and out of a cage and being isolated from other members of their species and taken right of their environment. That is clearly incompatible with their natural way of life. There are many opportunities for young people to see how animals can live in the wild using hidden cameras. We have experts and naturalists who produce fabulous films. We can click on our computers and see it all. We can go to a safari park, without having to travel abroad, to see animals who can be kept in certain ways in this country.