My Lords, it has been a long time since we last discussed these matters in Committee. Perhaps I may be forgiven for forgetting that I had added my name to that of my noble friend Lord Whitty on one of the amendments that we are now considering—Amendment 85. Since I did so, I cannot see any great reason to be in favour of one amendment but not the others. I am particularly glad to see Amendment 113 in the name of my noble friend Lord Whitty. Surely it is essential that the Minister, when making an order under these provisions, should give the reasoning behind the change of status—the transfer or modification—from one to another. Surely one wants a ministerial explanation.
I have, however, come to doubt—this is really a question to my noble friend Lord Whitty—the need for the first five of his amendments, including the one that he is moving. He asks that, in relation to orders to transfer the functions of one body to another, or to modify a body’s functions, the Minister should pay attention to Clause 8. However, Clause 8 itself says: "““In considering whether to make an order … the Minister must””—"
I emphasise— "““have regard to the following objectives””,"
which include efficiency, effectiveness and accountability. I do not disagree with the point just made by my noble friend Lady Hayter, but I ask the mover of the amendment to clarify why he wants to insert certain phrases that seem to indicate simply that the Minister must consider matters referred to in Clause 8, when that is what Clause 8 itself says.
Public Bodies Bill [HL]
Proceeding contribution from
Lord Borrie
(Labour)
in the House of Lords on Monday, 7 March 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Public Bodies Bill [HL].
Type
Proceeding contribution
Reference
725 c1407 
Session
2010-12
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