I shall try to be helpful. I shall speak about directions several times in subsequent amendments. Directions raise constitutional issues; they are not issues of process only. Directions are not subject to any parliamentary procedure, and when given people must comply. There is no room for manoeuvre and directions classically are not the subject of negotiation. If the Bill team, with whom I have had exchanges about directions, were to look at Craies and Bennion for the constitutional position of directions, they will find that they have been used for administrative matters, such as Treasury accounting and other matters of that sort, and as a power of last resort, which the Minister referred to. But it has to be last resort, and not in the middle of a normal set of transactions if we are to stay somewhere near the constitutional precedent.
It would be interesting to have a series of precedents about non-departmental public bodies having the right to give directions with which local authorities must comply, but I am not aware of such precedents, and what is included in the Bill is very unusual if not itself a precedent.
Apprenticeships, Skills, Children and Learning Bill
Proceeding contribution from
Viscount Eccles
(Conservative)
in the House of Lords on Wednesday, 14 October 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Apprenticeships, Skills, Children and Learning Bill.
Type
Proceeding contribution
Reference
713 c272 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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