Clause 4
Statistics and Registration Service Bill
6:00 pm
Michael Fallon (Sevenoaks, Conservative)
I want to raise three technical, house-keeping points about the clause. I fully recognise that the Minister might not be able to respond to my points on his feet, so I should be quite happy for him to answer them in the course of our proceeding. First, can non-executive members of the board be reappointed? The wording of subsections (1) and (6) leads me to conclude that they can be reappointed, although on first reading of subsection (1), one might get the impression that they can serve only a five-year term. I take it from reading both subsections together that a member can be reappointed, although it would be useful to have that clarified. The explanatory notes on the clause refer to
“the rules for the appointment of, resignation or dismissal of, and reappointment of, non-executive members”.
I hope that I am correct in my assumption, although if I am not, I hope that the Minister can clarify the matter.
Secondly, there is the issue that amendment No. 14 would have raised, and which applies more generally, of dismissal under subsection (4) seeming to be entirely summary. I assume that the non-executive members are not employees. If they are, I am at a loss as to how to reconcile the provision allowing them to be summarily dismissed—I shall not go over the arguments about misbehaviour—without having the normal recourse to the protection of employment law. Perhaps the Minister will advise me that they are not employees, but enjoy a different employment status.
Finally, there is the issue of compensation for dismissal under subsection (5). Having set up the independent board and having been told throughout the debate that it will be independent, that the Treasury will not be running it and so on, I am disappointed to find out that the board is not allowed to deal with compensation for summary dismissal, but that it has to be approved by the Treasury. I understand the reason for protecting public funds, but it does not say much for the independence of the board if it cannot deal with employment matters, which all have to be regulated and directed by the Treasury.