Schedule 1 - None
Climate Change Bill [Lords]
9:15 pm
Phil Woolas (Minister of State (Environment), Department for Environment, Food and Rural Affairs; Oldham East and Saddleworth, Labour)
Again, these amendments were discussed in the other place and consideration was given to them by their lordships. The circumstances in which the national authorities may remove a member are set out in the four sub-paragraphs of paragraph 5 of schedule 1. I want to highlight the fact that this is a standard power in relation to many non-departmental public bodies, which this committee is. We expect that it would be exercised only in exceptional circumstances, but it is important to make certain that the committee can carry out its duties appropriately.
Under amendment No. 64, the national authorities, when forming an opinion of whether a member of the committee was unfit or unable to carry out their duties, would have to reach an opinion that was “reasonable”. The amendment is unnecessary, as their lordships accepted, because the duty for national authorities to act reasonably and, in this case, to form a reasonable opinion is already in place under the well-established general principles of public law, including within the procedures identified in the Nolan report for public appointments. That is therefore already implicit in the schedule, so I see no reason to add it.