UK Parliament / Open data

Environment Bill

My Lords, I was very happy to support and sign this amendment, which has been explained by the noble Baroness, Lady McIntosh. It is a specific proposal and has been brought to our attention by the Law Society of Scotland as something it feels is consistent with similar circumstances in other public bodies, such as those she mentioned. Trying to define what makes a person unfit gives some clarity and specificity to such a situation, in contrast to a general catch-all that is left to some extent to the discretion of the Minister.

The noble Viscount, Lord Trenchard, said that he thought a conviction was not necessarily appropriate as a disqualification. This is stretching a point, but it seems to me that the Secretary of State still has discretion and what the amendment seeks to do is to say that in normal circumstances, and probably in most circumstances, a conviction, whether it happens while the member is in office—especially if it happens in office—or prior and has not been disclosed, would be a valid reason to remove someone. Similarly, becoming insolvent while being a member of the board is another reason that is clear and understood.

The purpose of the amendment is to add some clarity, without in any way preventing the Secretary of State from arguing other reasons as to why a member has become unfit. It is not suggesting these are the only two definitions, but they are generally accepted as significant ones that have been identified in other bodies—particularly in Scotland, which is why the Law Society of Scotland has recommended it.

6.15 pm

On the other amendment, the noble Viscount, Lord Trenchard, almost argued against himself. The requirement for consultation between the Secretary of State and the chair is because I think we would all agree that it would be astonishing as an indication of poor relations if there were not consultation. That being so, there seems no reason on earth why it should not be specifically put on the face of the Bill that

“the Secretary of State must consult with the Chair”.

This is a specific amendment and, following on the back of the very interesting debate on the last group of amendments, it is all about trying to put specific determinates on the relationship between the Secretary of State, the chair and the board to ensure that a degree of independence is secured. Spelling out in detail specific mechanisms for qualification and the requirement to consult in the context of removing someone from office seems to me, and to us, to be a

perfectly legitimate and reasonable amendment. I look forward to the Minister’s response on why he feels it cannot be reasonably incorporated into the Bill.

Type
Proceeding contribution
Reference
813 cc617-8 
Session
2021-22
Chamber / Committee
House of Lords chamber
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