Public Bodies Bill [HL]

My Lords, I, too, warmly welcome the amendments brought forward by the Minister. I, too, associate myself with all the tributes paid to him. I hope that the praise from your Lordships’ House does not cause him any embarrassment back at the ministry. I am a little disappointed, however, that he did not feel able to respond positively to the amendment in the name of the noble Lord, Lord Newton of Braintree, who all noble Lords will wish to see back in his place as soon as possible. That amendment would add fairness, justice, openness and transparency to the list of factors to which the Minister must have particular regard. The Minister suggested in his opening remarks that to add such concepts to the clause would impose what he described as an ““abstract evidential burden””. I am sure that on reflection he will recognise that the concepts introduced by the noble Lord, Lord Newton, are no more abstract than the concepts of efficiency, effectiveness, economy and accountability that are included in his own very welcome amendment. I ask him to reflect further on the criteria in the amendment of the noble Lord, Lord Newton. The answer to the question put by the noble Lord, Lord Soley, is that this clause is important not just, or indeed primarily, for what would happen in court if there were ever to be a challenge; the clause is much more important for the discipline that it imposes upon Ministers and indeed on civil servants when they are considering the exercise of these vital powers. The clause identifies what the Minister should have in the forefront of his mind when he performs this function, and the amendment of the noble Lord, Lord Newton, would help to ensure that Ministers had at the forefront of their mind the vital need to exercise the powers fairly as well as efficiently. I therefore ask the Minister to think again about this matter.