Public Bodies Bill [HL]

My Lords, in speaking to Amendment 71, I shall speak also to Amendments 88 and 138 and give my support to Amendment 78. The noble Lord, Lord Lester, and I are under the cosh tonight, so I will try to be as brief as I can. As regards this Bill, many noble Lords have been concerned that the proposed process and mechanisms to modify or abolish public bodies might have been unconstitutional and disproportionate, and in this case may jeopardise the crucial independence of the EHRC and other public bodies working on equality and human rights issues. When I think of all the bodies listed in this Bill, the fact that the organisation established to safeguard equality and human rights, the independence of which is vital, should be subject to a procedure which may threaten that independence to act on behalf of those discriminated against, including against the state, has to raise questions. We suggest that consideration should be given to removing the EHRC from this Bill and making changes to its functions, powers and constitution through the normal parliamentary procedures of primary legislation. I am very pleased to note that the Minister has been working with the noble Lord, Lord Lester, and the noble and learned Lord, Lord Mackay, on the safeguards that should apply to orders made under the Bill, particularly in relation to Amendment 175. I thank the noble Lord, Lord Taylor, for meeting me and I hope that the Government will reach a conclusion that offers protection for the necessary independent exercise of these public functions. I am also aware that the Government have said that they will shortly consult on options for reforming the EHRC. However, the consultation paper has not been published. The Government’s stated intention is to refocus the commission’s work on its core functions of regulating equality and anti-discrimination law in Great Britain, of fulfilling EU equality requirements and of being a national human rights institution. I understand that Ministers are also considering transferring some of the commission’s functions and services to government departments or contracting with private or voluntary sector bodies to undertake them. The Government have indicated that this may include the commission’s helpline and grants function. I would point out that ahead of this constitution and before details are known, the Public Bodies Bill will give Ministers significant powers to modify the functions, powers and constitutional structure of the EHRC. It has a distinctive constitutional role in Britain’s democratic system in holding the Government to account, which was highlighted by the Joint Committee on Human Rights prior to the EHRC’s establishment. The JCHR said that the EHRC had a similar role constitutionally to the Electoral Commission, the National Audit Office and the parliamentary commissioner for administration, and therefore should be accountable directly to Parliament. Similarly, it is entirely appropriate that Parliament would have a full role in debating any proposed amendments to the EHRC’s powers and functions. Indeed, when we were taking the Equality Act 2006 through Parliament there was a significant amount of debate about the independence of the new body being created. I think that the noble Lord, Lord Lester, paid a pivotal role in persuading my Government to ensure that the EHRC had a great deal of protection of its independence—and quite right too. The EHRC requires independence from government in relation to its functions, its structures and the exercise of its powers as a requirement of the United Nations Paris Principles of national human rights institutions. If Ministers were able to modify the powers, functions and constitution of the commission by ministerial order, what questions would that raise about independence and how would it affect our ability to maintain a status as a national human rights institution? Finally, I turn to what is in many ways the most important question and one that I discussed with the Minister earlier today. The question is whether the Bill would allow any future Governments to modify and abolish the HRC by ministerial order and take legal action against that. This is an issue on which we need clarification, part of which has already been given by the Minister in the earlier exchange. Perhaps I may put it in simple language. If this Government proceed as outlined in the Bill and, after consultation, use the statutory instruments at their disposal to reform the HRC and use the powers in Parts 3, 4 and 5 to change it, could another Minister with even more enthusiasm that the noble Baroness, Lady Verma, and her colleague, Lynne Featherstone, come along in three years’ time and start the whole process over again? Does the Bill give them the powers to do that? It seems to me that that is a very serious matter indeed. I beg to move.