Public Bodies Bill [HL]

My Lords, I am sorry to invite the Committee to listen to another lawyer quite so soon. I regret very much that, as I was abroad, I could not be present for Second Reading. However, I express my complete and respectful agreement with the speeches of the noble and learned Lords, Lord Woolf and Lord Mayhew, the noble Baroness, Lady Andrews, and indeed of many others. As a result of second Reading, we now have before us very elaborate amendments covering the question of proper consultation and procedure. The amendments were pioneered by the noble Lords, Lord Lester and Lord Pannick, who were followed by Her Majesty's Loyal Opposition and then by the Government. I will certainly vote for one of the amendments, and all three if necessary. However, welcome though the amendments are, they do not hide the remaining glaring deformities of the Bill. In particular, I will concentrate on government Amendment 108 in this group, which has been referred to already by the noble Lord, Lord Pannick. Clause 8 establishes the two main objectives of the Bill: to bring about greater efficiency and accountability. The clause is said to be the great safeguard in the Bill. However, the moment I read about greater accountability to Ministers, I hear a warning signal. We should read carefully Amendment 108 to Clause 8. It states: "““For the purposes of the objective referred to in subsection (1)(b)””—" that is the accountability objective— "““the Minister must consider the extent to which functions affected by the order need to be exercised independently of Ministers—(a) because they require the exercise of professional or specialist expertise, or the making of decisions or giving of advice, by a person who is impartial as respects Ministers’ policy””." I shall leave for the moment proposed new paragraph (b). The moment I read that amendment to Clause 8, I began to feel that we were verging on a contradiction in terms. The whole objective, it is said, is to lead to greater accountability, yet at the same time it is said that the Minister is to take into account matters which emphasise the bodies’ independence of Ministers. I find it very difficult to see how these two apparently contradictory objectives can be reconciled. Exactly the same applies—perhaps even more so—to paragraph (b) in Amendment 108, which says, "““because they involve establishing facts in relation to, or oversight or scrutiny of, Ministers’ actions””." It seems to me that, once the facts in relation to that are established regarding any of the bodies in Schedules 1 to 6, it must no longer be a matter for the Minister’s consideration—a point made effectively by the noble Lord, Lord Pannick. Once it is established that that is the purpose of the body in question, then surely it is not a matter for the Minister’s consideration; at that point, the body must be taken out of Schedules 1 to 6 altogether and left to primary legislation. Either this amendment means nothing at all or, if it means anything, it is contradictory to the main objective and is therefore likely to lead to a great deal of litigation in the future, which one can easily envisage. In the mean time, however, if the relevant facts in relation to any particular body are established, then the only solution, with great respect, is to take that body out of Schedules 1 to 6 altogether.