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

Hon. Members will understand why it is important to put some of these issues on the record, as they refer to people. The clause creates a transitional period at the outset of the CEHR’s existence during which the new chair and first commissioners will be able to consider and take important decisions as early as possible. For example, during the transitional phase, the clause allows for the minimum number of commissioners to be five, rather than 10 as set out in paragraph 1 of schedule 1.

During the transitional phase it will be crucial to ensure effective communication between the CEHR that is being set up and the three existing commissions, to provide for a smooth transition to the new body. To aid that, we have provided for a transition commissioner to be appointed by the Secretary of State from each of the existing equality commissions to the CEHR board. Those appointments will be in addition to other commissioners. The chair of each of the existing commissions will nominate one commissioner from that organisation, or indeed, him or herself, to act in that capacity. The transition commissioners will transfer knowledge between the organisations and provide vital input on current work programmes from each commission. They will partake in decisions on staffing and the transfer of property, rights and liabilities.

Transition commissioners will also be influential in shaping the new commission, and will be party to the decisions of the CEHR board as a whole. That will help to ensure that key issues for each of the existing commissions will be considered and taken into account in the decision-making process.

The term of appointment for the transition commissioners will continue until two years after the relevant commission either loses its principal functions or ceases to exist. A transition commissioner who ceases to be a commissioner in the nominating commission would no longer be eligible to act in that   capacity. In that event, the chair of the relevant commission would have to nominate a replacement to the Secretary of State.

The transition process is hugely complex and careful planning will be required to ensure it is well managed and handled in a professional way. The clause will ensure that all three commissions are fully involved from the outset and that concerns over dilution of issues can be minimised wherever possible. This purely functional but necessary clause will help to smooth the transition to the CEHR.