Health Protection Agency Bill [Lords] – in a Public Bill Committee at 10:30 am on 29 June 2004.
I am grateful to have caught your eye, Mrs. Adams. I am getting into the swing of catching your eye.
It is a little uncertain what directing powers authorities will have. Earlier in the Bill, we see that the authority may require the agency to take note of its directions. Things become a little grey. Will the Minister tell us the nature of the directions that she envisages, how they will be carried out and what force they will have? Will she also say what veto the
authority may have over the HPA if it fails to comply with a directive? This is not an arm's length body, but a non-departmental public body, and the whole idea of shifting it from being a special health authority to being an NDPB is to give it some independence. I become a little confused when I see words such as ''direction'' and ''directive'' in a Bill that aims to make a shift in that status.
Directions relate to operational matters. The House of Lords Delegated Powers and Regulatory Reform Committee has not recommended parliamentary scrutiny of them. Schedule 1 contains powers for the Secretary of State, after consulting the devolved authorities, to direct the agency: paragraph 11 relates to directing it on committees; paragraph 13 relates to directing it on proceedings; and paragraphs 24 to 27 contain powers for each of the appropriate authorities to direct the agency to provide information about the exercise of its functions.
There would be directions under the Immigration Act 1971 on an operational point—the appointment of medical inspectors. Again, the House of Lords Delegated Powers and Regulatory Reform Committee has not recommended that that should be subject to parliamentary scrutiny. I take it that the hon. Gentleman seeks clarification on points of that kind. I am not sure whether there are any others on which I can help him.
Question put and agreed to.
Clause 9 ordered to stand part of the Bill.