My Lords, I am grateful for the opportunity to have this debate about the accountability of the commission. Picking up on what my noble friend Lord Deben said, there is real value in Committee in having probing amendments that allow issues to be discussed and explored. That is the whole point of this stage of scrutiny of legislation. I welcome that and will, with officials, carefully reflect on our debates on all the amendments today.
Going back to the original question put to me by the noble Baroness, Lady Thornton, about the “A” status of the commission, I know that she asked me this question in the previous debate and she may well
have repeated it in her speech on this debate. I can say categorically that it is important for the commission to retain that status. I recognise that accountability is important to the perception of the independence of the commission, which is important to the status conferred on the commission by the ICC, but it is worth reminding ourselves that the commission has a status under the present arrangements.
All that being said, I think that it is possible to strengthen the accountability of the commission to Parliament. In the Government’s opinion, the solution to strengthening accountability does not lie in shifting roles, it is about responsibilities. It is about being clear and transparent about who is responsible for what and by when, and to invite closer scrutiny of the effectiveness of those arrangements. To say it another way, we want to make it clear who is responsible for what, so that people can see as clearly as possible how we are carrying out our different roles and functions. That is why officials in the Government Equalities Office and the commission spent more than six months agreeing the framework document, which is publicly available on both their websites.
I know that there have been some teething issues in the implementation of the framework document which officials in both organisations are reviewing at the moment, but there is no dispute on the principles that the commission must be free to exercise its functions free from ministerial interference or undue influence and that the commission must comply with the same expenditure rules as every other public body. There is no doubt that progress has been made, as I mentioned in the last debate. Indeed, the commission has laid its first two clean sets of accounts before Parliament; there has been a 75% reduction in the commission’s reliance on expensive interim staff, a point to which my noble friend Lady Hussein-Ece referred; and the commission’s strategic plan was published promptly last April.
As I say, we are working to increase the transparency of the Government’s decisions on the commission to Parliament. For example, the appointment of the new chair—the noble Baroness, Lady O’Neill—to the commission was for the first time subject to pre-appointment scrutiny, and we have committed to send the report of the comprehensive budget review to Parliament, setting out the evidence base for the Government’s funding decisions—and by that I mean the funding decisions for the commission, which includes the funding for the GEO.
We are working with the commission to increase the transparency of its work to Parliament. The commission’s strategic plan, annual reports and accounts and progress reports are already laid before Parliament, and, indeed, Parliament has shown interest in its work, with the chair and the chief executive having been called to give evidence before a number of our committees.
As noble Lords speaking today have acknowledged, the commission reports to Parliament through the Minister for Women and Equalities. Although we support the commission having a closer working relationship with Parliament, we do not think that this requires a wholesale change in the reporting arrangements,
which are in line with standard UK practice for non-departmental public bodies. I can refer to some examples where that is the case, including ACAS and the Independent Police Complaints Commission. My noble friend Lady Hussein-Ece referred to HM Inspectorate of Constabulary. I think it is true that that organisation is strengthening its accountability to Parliament. However, I think I am also right in saying that it remains, none the less, an organisation sponsored by the Home Office. The arrangement by which it is accountable to Parliament through the relevant Minister therefore exists there too.
As for how Parliament might strengthen its relationship with the commission, clearly it is for Parliament to decide how much interest it wishes to take in the commission’s work and indeed in the GEO’s sponsorship of the commission. However, we have made it clear that we would support the Joint Committee on Human Rights taking on a greater scrutiny role, for example in examining the commission’s business plan, which was indeed suggested by the noble Baroness, Lady O’Neill, in her pre-appointment hearing.
It is also worth noting the points that my noble friend Lord Lester made. I know that he caveated his remarks by saying that he does not speak for the committee in this context today. However, we certainly support the willingness on both sides for there to be a stronger relationship. We support that in principle and it is something that we would only encourage.
On the specific issue of the commission’s independence, it is worth saying that this is ensured by the Equality Act 2006, which provided that there is transparency around the commission’s role, relationship and responsibilities to government, which my noble friend Lord Lester has referred to. It is because it is enshrined in law that I believe we can be confident that the commission’s independence is properly protected. As I said, we support the strengthening of accountability to Parliament. We have already seen some improvement with the appointment of the chairman and we would certainly support an active dialogue between the chairman of the commission and the chairman of the Joint Committee on Human Rights.
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