I hope that my contribution will not be too boring in comparison to the lively and enjoyable debate that we have just had. It was very hard to sit on my hands during that discussion. I hope that I can offer the noble Earl enough reassurance to allow him to withdraw his amendment.
In order to fulfil its functions under the Bill, the Committee on Climate Change may need to undertake other activities such as commissioning research or entering into contracts. Clause 31, to which these amendments relate, gives the committee the power to do anything that appears to it necessary or appropriate for the purpose of, or in connection with, carrying out its functions. These are standard provisions for a non-departmental public body that allow it to operate effectively and independently of government. Subsection (2) merely sets out examples to illustrate the scope of the power, and the additions these amendments propose are unnecessary.
Amendment No. 161A would make explicit that the committee may acquire, hold and dispose of land or any interest in land, but this provision is covered by the current drafting of subsection 31(2)(b), to which the noble Earl referred. This provision illustrates the fact that the committee may acquire, hold and dispose of property. As the noble Earl suggested, ““property”” covers land and interests in land—referred to in law as real property—as well as other personal property. The amendment is therefore superfluous. I hope that those comments have helped to reassure the noble Earl.
Amendments Nos. 162 and 163 are also an unnecessary addition to the list of specific examples of the use of ancillary powers. We do not need additional examples, because obtaining advice will be covered by Clause 31(1), which sets out the committee’s general ancillary power, which is obviously very broad. Where that advice is in the form of research, for example, it is specifically covered by Clause 31(2)(a). I therefore see no value in making such amendments to the Bill, but I appreciate the opportunity to make this comment on the record. I hope that the noble Earl will feel able to withdraw his amendment.
Climate Change Bill [HL]
Proceeding contribution from
Baroness Morgan of Drefelin
(Labour)
in the House of Lords on Monday, 14 January 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Climate Change Bill [HL].
Type
Proceeding contribution
Reference
697 c1155 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2023-12-15 23:46:20 +0000
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