The hon. Gentleman is right to say that everything will be subject to appropriate procurement regulations, but the purpose of these amendments is to make it easier for such bodies to share services.
These amendments will therefore enable the Environment Agency, Natural England, the Joint Nature Conservation Committee, the Marine Management Organisation and internal drainage boards, which are bodies performing public functions, to provide back-office functions to other bodies carrying out public functions. The Bill already provides a similar power for Welsh environmental bodies, so this step will provide parity for these English bodies.
The amendments also carry forward arrangements in clause 16 whereby forestry commissioners may share services with Welsh environmental bodies carrying out functions in Wales. This power does not extend to the Forestry Commission making arrangements with non-Welsh bodies. As this is an enabling power, it will be used only where a body listed wished to use it, and where it would be financially beneficial to share back-office services. Also, it could not be exercised without the consent of the relevant Ministers. This power is in many respects similar to the provision in the Flood and Water Management Act 2010 enabling internal drainage boards to agree that one should provide back-office services to another. In debate, this was warmly welcomed by all parties. As in the case of these amendments, the express purpose was to make the delivery of administrative functions more effective and cheaper. I hope that right hon. and hon. Members will agree that, with public funding under severe constraints, it is sensible to ensure that bodies are able to share services, thus leading to increased efficiency and potential savings in the delivery of back-office functions.
On the delegation of functions, the amendments will correct a technical issue relating to cross-border powers affecting the Environment Agency. The Bill provides for the devolved and non-devolved functions of the Environment Agency, which covers both England and Wales, to be split and for a separate Welsh environmental body to be created. Although the Bill allows Welsh environmental bodies to delegate devolved functions to the Environment Agency, it would not allow the Environment Agency to delegate non-devolved functions to Welsh environmental bodies. That means, in effect, that the Environment Agency would not be able to apply existing flexibilities to delegate to its Welsh counterparts. That could have significant effects in an emergency, such as flooding in the border area, and in specialist areas, such as management of the Dee estuary. We are therefore seeking to correct this gap through these amendments to ensure that the Environment Agency can delegate non-devolved, as well as devolved functions, to the new Welsh environmental body.
Public Bodies Bill [Lords] (Programme) (No. 2)
Proceeding contribution from
Nick Hurd
(Conservative)
in the House of Commons on Tuesday, 25 October 2011.
It occurred during Debate on bills on Public Bodies Bill [Lords] (Programme) (No. 2).
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534 c190-1 
Session
2010-12
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