Meg Munn (Parliamentary Under-Secretary, Department of Trade and Industry; Sheffield, Heeley, Labour)

Making the transition towards the CEHR will be a hugely complex process. We have the three existing commissions to consider, whose primary functions will in time reside in the CEHR. However, the functions and powers are only part of the story.

The clause sets out the process for transferring the property, rights and liabilities of the existing commissions to the CEHR. It effectively gives the Secretary of State the power to ensure a smooth transition. Subsection (2) allows the Secretary of State   to direct each of the existing commissions to provide information on property, rights and liabilities, or information relating to the exercise of its functions that may be needed in connection with the establishment of the CEHR or the closure of the existing commissions.

The Secretary of State can also direct the existing commissions to make property, staff or facilities available to the CEHR as he deems necessary. That power would be used, if necessary, primarily to provide the CEHR with resources in the early stages, to allow it to begin work with the three commissions towards its operational launch. It will obviously be important to strike a balance between building up the new commission and ensuring that the existing commissions are not restricted in fulfilling their objectives.

The Secretary of State can also give a direction to the existing commissions not to take action in specific circumstances. It is clearly important to ensure that no significant new commitments are entered into unnecessarily. For example, one of the existing commissions could be directed not to enter into a new, large IT contract for a system that would not be compatible with the new body’s processes. However, the CEHR steering group is advising on a raft of transition issues, including mapping the assets and liabilities of the existing commissions, so the use of that power will be kept to a minimum.

The Secretary of State may also direct any of the existing commissions to prepare a scheme to transfer their property, rights or liabilities to the CEHR or to another specified person. We envisage that such a person may be one of the sponsoring Departments, which could take items that may be surplus to the CEHR’s requirements. A transfer scheme may specify or describe the property, right or liability to be transferred, such as office furnishings or an existing and ongoing contract; or the scheme may generally refer to it as part of a larger undertaking from which it is being transferred. When preparing a scheme, the existing commission must consult either the CEHR or the person to whom the transfer is being made. A scheme will come into effect once approved by the Secretary of State, subject to any modifications.

The provisions set out in the clause are a necessary and common element in any transition process.