Clause 7 - Representations made in confidence or containing damaging information
Regulatory Reform Bill
10:30 am
Mr Andrew Lansley (South Cambridgeshire, Conservative)
I beg to move amendment No. 27, in page 6, line 13, leave out
```shall disclose the fact that the respondent has made representations, but'.''
Amendment No. 27 sets out to relate a respondent's representations to the subsequent disclosure of that information. Ministers can withhold the detailed content of a representation, but the purpose of the amendment is to remove the requirement of Ministers to disclose the fact that a respondent has made representations at all. It may help to reflect on the debate in the other House, which is set out in paragraphs 93 and 94 of the explanatory notes.
It is clear that Ministers recognise that a balance should be struck between a requirement for openness and a requirement to achieve the maximum benefit from the consultation, which might be hindered if those who responded to consultation felt that they were placing themselves at risk. They could be unwilling to disclose confidential or other interests because other persons would become aware of them through their representations.
I note that Lord McIntosh of Haringey appeared not to trust the Government in the way that one might expect. He said that the main reason for requiring the disclosure of information was that, if it did not happen,
``a weak or corrupt Minister might want to keep secret representations that were to the financial or political advantage of the Government and might influence his judgement.''—[Official Report, House of Lords, 13 February 2001; Vol. 622, c. 200.]
It is an astonishing thought for Opposition Members that a weak or corrupt Minister might wish to act in such a way. During our happy and constructive debates, we cannot imagine that such a situation might arise. However, perhaps such a situation is conceivable.
The requirements for a successful consultation could be hindered by the number of instances where the disclosure of representations—detailed or not—led to persons feeling that taking part would reveal confidential information. That is a greater risk than any other. It is a matter of balance and I shall not dwell on it. We have taken a view. I hope that Ministers will reflect upon it and incline towards it, but it is more important to achieve a balance.
Weakness or corruption by Ministers, which could lead them not to disclose representations, would be countered by two facts. First, Ministers can act only on the advice of civil servants, who, in my experience, are not prone to the same pressures. Secondly, the Deregulation Committees may require disclosure of representations, and later in the debate we shall discuss what they would do next.
Therefore, even if Ministers were not required to disclose respondents' names, there would be a check upon them because the Deregulation Committee could require disclosure and examine what had occurred. When people are presented with a preliminary consultation, it is important they can specify that the content of their representations should be kept confidential. Indeed, they should be able to keep the fact that they have made representations confidential from everyone except the Deregulation Committee. On that basis, I hope that the Minister will reconsider and incline towards amendment No. 27.