Statistics and Registration Service Bill

The Government recognise, along with the noble Lord, Lord Jenkin, the important and valid role that international best practice codes play in the UK statistical system. As the noble Lord mentioned, the Explanatory Notes make clear that the Government expect the board to draw on relevant guidance and principles contained in various documents mentioned by the noble Lord, particularly the United Nations’ Fundamental Principles of Official Statistics, when undertaking its functions. Having said that, it is potentially unhelpful to place a statutory obligation on the board always to follow specific mandates, not least due to the potentially temporary nature of such guidance, which may of course be updated, revised, renamed or even become obsolete. As we have also suggested in previous debates, the Government’s general approach, where possible, has been to seek not to over-prescribe in legislation but to leave it to the independent, non-executive majority board, composed of those with a range of expertise and background, to use its own judgment in working out how best to fulfil its statutory duties. As we have indicated in the Explanatory Notes, we fully expect the board to take account of such guidance. However, as I have also said, it is not sensible to place in the Bill a statutory obligation on the board to take account of many of the codes mentioned. On Amendment No. 60 and the general approach to the development of the code, the Government’s approach was, as in much of this legislation, not to over-specify the requirement on the independent board as to how it fulfils its duty to develop and produce a code. As set out in Clause 10, however, the board is under an obligation in developing or revising the code to consult those it thinks necessary, and we would expect it to take due account of other relevant principles and guidance. The final content is for the board itself to determine. We expect a wide consultative process, taking account of many of the important guidance issues which have been mentioned. We also expect the board to look at the commendable work of the Statistics Commission, which has put out its own proposals on a revised code of practice. Again, however, we do not think it appropriate to place statutory obligations upon them, and I repeat that we should leave what is right to the independent board’s judgment.