Scotland Act 1998 (Modifications of Schedule 5) Order 2006

rose to move, That the draft order laid before the House on 29 November be approved [12th Report from the Joint Committee]. The noble Lord said: My Lords, this draft Order in Council is a constitutional measure that will reserve to the UK Parliament the functions and constitution of the Commission for Equality and Human Rights—CEHR—which is being created by the Equality Bill currently before Parliament. In broad terms, this will mean that only the UK Parliament will be able to legislate to change the way the body operates, or confer or remove functions. Before the draft order is made, it must be approved by both the UK and Scottish Parliaments. The order, made under Section 30(2) of the Scotland Act 1998, amends the reservation at paragraph 3(2) of Part 3 to Schedule 5 of the Scotland Act to add the CEHR to the list of reserved bodies. As the CEHR will take over the work of the existing equality commissions currently listed as reserved bodies, this order is necessary to ensure that the new body is similarly reserved. The CEHR will be a non-departmental public body, funded by the Secretary of State and responsible, through him, to the UK Parliament. It is therefore appropriate that its constitution and functions are the preserve of this Parliament. The references to the existing equality commissions in the Scotland Act schedule will not be removed by this order, as the commissions will continue to exist until the CEHR takes on its full functions in October 2007, and later in the case of the Commission for Racial Equality. The references will be removed by future orders or during a statute law revision exercise once those commissions have been dissolved. There is no need for us to do this now. We are debating the order now because the CEHR will to come into existence next year on a transitional basis, subject to parliamentary approval of the Equality Bill. It is the policy intention of the Government—agreed with the Scottish Executive—that on coming into existence, the body should be listed in the Scotland Act as reserved. The order will be commenced on 1 May 2006 so that it takes effect before the CEHR is established. The other place will also consider this order before the Equality Bill completes its passage through the Commons, as will the Scottish Parliament. I hope that noble Lords will agree that this is a straightforward and sensible use of the powers available under the Scotland Act. I beg to move. Moved, That the draft order laid before the House on 29 November be approved [12th Report from the Joint Committee].—(Lord McKenzie of Luton.)