Clause 5 - Setting-up date and terms of reference
Inquiries Bill [Lords]
2:30 pm
Mr Jonathan Djanogly (Shadow Minister, Home Affairs; Huntingdon, Conservative)
Amendment No. 36 specifies that before the setting-up date for the inquiry, as well as setting out the terms of reference and stating the number of panel members, the Minister must
“consult, as appropriate, on the terms of reference.”
However, as the Minister is already required to consult the chairman on the terms of reference, it could be argued that the amendment is superfluous. Also, we argued that the chairman should have to agree to the terms of reference, so the wording would not fit in with the way in which we look at the world in general. However, our agreement-type amendment was defeated, and if were to accept the need to consult the chairman, we could support the amendment for three reasons. First, it would reaffirm the importance of consulting the chairman. Secondly, it specifies that any consultation must take place before the setting-up date of the inquiry. Thirdly, it would allow the consultation of other appropriate persons or bodies before the inquiry began. Having said that, I shall make one small, pernickety point: it may be more desirable to position the new provision before, instead of after, subsection (1)(b)(i), because in its current position it does not reflect the chronology of events.
Amendment No. 38 is permissive, not prescriptive. It would allow the Minister to consult
“any other person or bodies as he considers appropriate”
before setting out or amending the terms of reference. As there is nothing to the contrary in the Bill, the Minister always had that option open to him, so the amendment would not change anything. It would, however, underline his option to consult elsewhere, and therefore might encourage him to do so, thereby having some, albeit negligible, advantage. Although the amendment is not objectionable per se, it could be argued that the express option to consult other people could distract from the obligation to consult the chairman. As we are arguing for more chairman involvement, we would want to avoid any amendment that would compromise what little influence the chairman currently possesses.