Schedule 1 - The Security Industry Authority
Private Security Industry Bill [Lords]
5:00 pm

Photo of Mr Nick Hawkins

Mr Nick Hawkins (Surrey Heath, Conservative)

The amendment is designed to change the number of members of the authority. We believe that the Secretary of State has too wide a discretion. The Minister will recall that the Political Parties, Elections and Referendums Act 2000 established the Electoral Commission; that body bears some similarity to the new authority as it has broad regulatory functions, and is required to keep registers and so on. Section 1(3) of that Act imposes a precise requirement in relation to numbers. It states:

``There shall be not less than five, but not more than nine, Electoral Commissioners.''

Why cannot something similar be provided in the Bill?

The Bill is inconsistent with other legislation promoted by the Minister. Paragraph 1(4) to schedule 4 of the Criminal Justice and Police Bill, which the Minister and I debated not so many weeks ago, states:

``The total number of members of the Authority shall not at any time be less than eleven.''

The Government seem quite happy to put that sort of requirement in other recent legislation. Why not this one?

The quorum for the new authority is to be determined at its first meeting, at which at least five members must be present, as provided in paragraph 10(2) of the schedule. However, it is open to the Secretary of State to appoint fewer than five members. The amendment would ensure some consistency within the Bill. We believe that there should be consistency within the Bill and also within the Department.

Amendment No. 10, tabled by the right hon. Member for Walsall, South, seeks to reduce the maximum time of membership of the authority from five years to three. I do not know whether it is simply a probing amendment—the right hon. Gentleman is nodding—but amendment No. 30 is substantive. We seek to limit the Secretary of State's discretion not to fetter him but to ensure consistency. Even if the Minister cannot accept it, I hope that he will at least consider the matter and table a Government amendment on Report, so that the Bill is consistent with itself and with other recent legislation.

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