Clause 40 - Documents relating to police authorities

Public Audit (Wales) Bill [Lords]

Public Bill Committees, 29 June 2004, 2:30 pm

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Mr Hywel Williams (Spokesperson (Disability; Health; Social Security; Work and Pensions); Caernarfon, Plaid Cymru)

I beg to move amendment No. 46, in page 28, line 16, leave out 'may' and insert 'must'.

May I draw the Committee's attention to a matter that is of the utmost seriousness, given that we are debating the Public Audit (Wales) Bill, which concerns efficiency, economy and effectiveness? It cannot have escaped your attention, Mr. Griffiths, that my name has been spelled with an extra ''l'' on the amendment paper, so that, rather than being Hywel, I am miraculously transformed to ''Howeth''. There was obviously profligate use of the alphabet without prior permission. That demands the most immediate investigation on your part, and of course an immediate report to the Secretary of State and the Assembly. The question remains what to do with the extra ''l''. It cannot be ignored, destroyed or removed. I therefore suggest that it be donated to a deserving cause—perhaps to the hon. Member for Leominster (Mr. Wiggin)—so his constituency can become ''Lleominster'' and almost a Llan.

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Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

On a point of order, Mr. Griffiths. The hon. Gentleman is being generous with his l's, but my name, Bill, already ends in two l's. He should be grateful for the extra one.

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Mr Hywel Williams (Spokesperson (Disability; Health; Social Security; Work and Pensions); Caernarfon, Plaid Cymru)

I must now turn seriously to clause 40 and amendment No. 46, which is probing. Under the clause, if the Auditor General receives a public interest report prepared under clause 22(5) or (6) by an appointed auditor that relates to a police authority and other authorities, he must send it to the Secretary of State and the Assembly. However, the clause does not similarly require the Auditor General, when sending a document to police authorities, also to send a copy to the Assembly and the Secretary of State. When receiving, the Auditor General must send copies; when sending, he is not required to send documents to the Assembly or the Secretary of State. The amendment is probing as to why there is not an equivalent requirement in both parts of the clause.

I am aware that the Auditor General might send many documents to police authorities and that not all of them will be of interest to the Secretary of State or the Assembly. However, there could be a public interest test. After all, that is what clause 22 is all about. It deals with immediate and other reports of public interest. That clause says that auditors should make a report, and immediate reports are mentioned several times. Subsection (5) states:

''In a case within subsection (3), the auditor must send the report to the body, and a copy of the report to the Auditor General''.

Subsection (6) states that

''the auditor must send the report to the body, and a copy of the report to the Auditor General''.

Auditors must send reports to the Auditor General, but he must do so only in some cases and may do so in others. As the amendment is probing, perhaps the Minister will enlighten us as to why there is a variation.

Photo of Mr Don Touhig

Mr Don Touhig (Parliamentary Under-Secretary (Wales), Department for Constitutional Affairs; Islwyn, Labour/Co-operative)

I am grateful to the hon. Gentleman for how he put that point. In fact, I think we are all grateful to him: he was the only Member who managed to introduce some humour to our Welsh Grand Committee debate on the Bill after pre-legislative scrutiny. That certainly disproves some things that are said about people in north Wales having no sense of humour. He has a great sense of humour, and we greatly appreciated it at that time.

Clause 40(1) already requires the Auditor General to send a public interest report relating to a police authority in Wales to the Assembly and the Secretary of State—in practice, the Home Secretary—as well as to the authority itself. The amendment would require the Auditor General to send to the Assembly and the Secretary of State any other document that he had sent to a police authority in Wales, irrespective of its importance or sensitivity, as the hon. Gentleman recognised. That means that the Auditor General would have to forward any document, even if it was of little importance or not entirely relevant. It could be said that he should pass on his acceptance of an invitation to the police ball, for instance, but I am sure that that is not the intention behind the amendment.

In cases in which information is not of public interest, it is more appropriate to allow the Auditor General to use his discretion as to what documentation he passes to the Assembly or the Secretary of State. I take the hon. Gentleman's point seriously, but we can safely leave it to the Auditor General to decide when it is in the public interest to send on a document—our experience has shown that. I hope that the points I have made satisfy him and that he will withdraw his amendment.

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Mr Hywel Williams (Spokesperson (Disability; Health; Social Security; Work and Pensions); Caernarfon, Plaid Cymru)

Given that explanation and reassurance, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 40 ordered to stand part of the Bill.

Clause 41 ordered to stand part of the Bill.