I cannot give the hon. Gentleman, who seemed to be paraphrasing me, an absolute assurance that a direction would not be issued in a particular set of hypothetical circumstances. However, I will explain why the Chancellor’s consent is important.
Clause 27 is designed to address a serious failure in the responsibilities and duties of the board that would amount to a dereliction of its duties under the Bill. The clause rightly gives Scottish and Welsh Ministers the power of direction with respect to their areas of responsibility—Scottish or Welsh devolved statistics—with the consent of the Chancellor. It is right that the Chancellor’s consent should be required for such directions to be made as a last resort, because any such failure relating to Scottish or Welsh statistics could affect the position of statistics throughout the UK. It would be important to ensure that the accountability for such last-resort action were shared and that the directions to the board were consistent with each other. The consent will ensure that directions are co-ordinated and that the Bill will not create powers of direction that might be conflicting. I hope that the hon. Gentleman sees the sense of, and the basis for, the provision.
The hon. Gentleman also tabled amendments Nos. 53 to 56, which would remove the requirement of the Treasury to give consent when Scottish Ministers made regulations to break down the barriers to data sharing between Scottish public authorities and the board for statistical purposes. The provisions on data sharing set out a mechanism through which data may be shared, for statistical purposes only, between the board and a public authority, and vice versa, via secondary legislation.
The key point regarding the amendments is that the mechanism in clauses 45 and 49 mirrors that in the other clauses on data sharing. The mechanism allows regulations to be made to allow data to be shared with the consent of both the Treasury, as the body with residual responsibility for the board, and the Minister responsible for the other body involved in the data sharing. That will ensure that the Ministers responsible for both the body disclosing the data and the body receiving the data are content for the regulations to be made, which will be an important safeguard in our data-sharing mechanism.
Throughout our proceedings on the Bill, including in today’s debate, I have stressed the importance of the independence of the board—we have examined that in great detail. If the provisions on independence are effective, the question of who has residual responsibility will become much less significant. I have made it clear before that I think, on balance, that the board could benefit—it is right to see this in positive terms, as my right hon. Friend the Member for Cardiff, South and Penarth (Alun Michael) urges—from having the Treasury as a link with the Government.
The functions are better discharged by the Treasury for several reasons. I think that all would accept that the Treasury has a long experience of working with and understanding statistics. It has a role in co-ordinating performance reporting and monitoring across government. I strongly disagree that the Treasury is somehow interested in only economic statistics, because more than any other Department it has an interest in ensuring that we have a good evidence base, including statistics on departmental policies, given the importance of statistics to reporting on departmental performance and to understanding the levers for the successful reform and development of public services, in which the Treasury plays a leading and co-ordinating role. The Treasury is well placed to play a co-ordinating role across Government, as it does on so many other occasions, such as during the spending review or the Budget process.
Given that background, I maintain that the Treasury is well placed to play a constructive part with respect to the board and its future role. The Treasury Committee took that view in its report, and the Government concur, so I hope that the hon. Member for Chipping Barnet (Mrs. Villiers) will not press her amendment.
Statistics and Registration Service Bill
Proceeding contribution from
John Healey
(Labour)
in the House of Commons on Tuesday, 13 March 2007.
It occurred during Debate on bills on Statistics and Registration Service Bill.
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Proceeding contribution
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458 c239-40 
Session
2006-07
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