Public Bodies

Part of Bill Presented — Civil Aviation – in the House of Commons at 2:42 pm on 19 January 2012.

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Photo of Angela Smith Angela Smith Shadow Deputy Leader of the House of Commons 2:42, 19 January 2012

The motion lays down the process for the Select Committee scrutiny that will be required when the powers enabled by the Public Bodies Act 2011 are exercised—legislation that we opposed, as the House knows, on its Third Reading in October.

At that time, my hon. Friend Jon Trickett made it clear that we agree that the “quango state”, as he put it, should be kept under review, and that the Opposition do not oppose the removal of quangos that have served their purpose. He went on, however, to say that

“Ministers have been fair-minded”— and it is important to put that on the record once again—

“but the truth is that this whole process has been ramshackle. Giving Ministers the power to strike down organisations without there being proper parliamentary scrutiny is the worst kind of government; that simply does not meet the high standards this House should expect.”—[Hansard, 25 October 2011; Vol. 534, c. 277.]

First, and most fundamentally, therefore, the motion before us is based on deeply flawed legislation, as this Government demonstrated with the forced reversal of their decision on the chief coroner.

Secondly, the motion touches on only one aspect of the scrutiny required of draft orders, but the issues involved are wide-ranging—a point that the Chair of the Liaison Committee, Sir Alan Beith, made in his letter to the Deputy Leader of the House in December. He went on in that letter to seek assurances on a wide range of issues. The Deputy Leader of the House initially responded to the concerns raised in December, only a day before this motion was originally scheduled for debate on the Floor of the House. One can only wonder why that business was cancelled at such short notice. Needless to say, a further letter in response to the representations of the Chair of the Liaison Committee was provided on 13 January.

The right hon. Member for Berwick-upon-Tweed had raised in correspondence the need for an assurance that the Government would not seek to overturn a Select Committee’s recommendation for an extension of the time required to report back on a draft order. The Deputy Leader of the House stated in his initial response that it was “very unlikely” that such a request would be turned down, but made it clear that if the Government disagreed with a request for more time, they would expect the House to acquiesce. I suggest that that was a rather dismissive approach to the right of this House to ensure that adequate time is available for Select Committee scrutiny of such important proposals. In his further letter, the Deputy Leader of the House gave a “personal assurance” that he would make representations to ministerial colleagues, as appropriate, to seek their co-operation. That is not exactly a robust mechanism for guaranteeing that the time judged necessary by a Select Committee for the scrutiny of draft orders is available.

The Deputy Leader of the House also refused in his first response to the right hon. Member for Berwick-upon-Tweed to guarantee that the Government would accede to a Select Committee’s request for the debate on a draft order to take place on the Floor of the House, rather than in a Delegated Legislation Committee. In his further response, however, he stated that

“the recommendation of a select committee as to the appropriate forum for debate should be viewed as a representation of especial importance for the reasons you set out.”

It will be noted that, even now, there is no firm assurance on that point, only warm words that allow the Government to defy the views of any Select Committee on this point if they so wish.

The responses of the Deputy Leader of the House have deepened the conviction of Opposition Members that the Government are intent on using their powers to force through proposals to abolish quangos without adequate scrutiny by this House. In particular, the refusal to give firm assurances that debates on orders will take place on the Floor of the House when the relevant Select Committee recommends it is shocking and only goes to show that we have a Government intent on getting their own way, regardless of the democratic rights of Members of this House.

The route of this legislation through Parliament was unsatisfactory and the proposals before us only provide further evidence of how inadequate the safeguards are as against the extent of the powers that are being given to the Executive. As I said earlier, this procedure allows for the reversal of primary legislation. It effectively means that bodies such as the Agricultural Wages Board could be abolished on the back of a debate in a Delegated Legislation Committee. That would potentially mean the loss of £90 million to the rural high street. Given that the impact of these powers could be felt by thousands of people who may lose their jobs as a consequence, it is utterly unacceptable to Opposition Members that such decisions be made in this way.

We fear that the powers made available to the House to scrutinise the decisions made by the Government under the Public Bodies Act 2011 are inadequate. With the will of the House, we will seek to press the motion to a Division.