Clause 5 - Setting-up date and terms of reference

Part of Inquiries Bill [Lords] – in a Public Bill Committee at 2:30 pm on 22 March 2005.

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Photo of Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change) 2:30, 22 March 2005

If that is what the Minister considers to be higher purposes, we are in more trouble than we realised. He suggested that the amendments would have the effect of compelling Ministers to consult. In fact, if he has regard to the terms of the amendments, he will see that Amendment No. 36 states:

“consult, as appropriate, on the terms of reference.”

That, to my mind, leaves a great deal of discretion in the Minister’s hands. If the Minister were to decide, reasonably, that no consultation beyond that with the   chairman were appropriate, he would not be compelled to consult more widely. Similarly, amendment No. 38 makes that clear by using the phrase “may consult” rather than “must consult”. The may/must debate has exercised Committees ad nauseam in the past.

The Minister said something interesting earlier, and he is probably correct when he says that Ministers will consult. It is quite important that they do. The thinking behind the amendments, however, is that there may be circumstances in which, for his or her political aims, the Minister chooses not to consult and prays in aid of the legislation to say that that he has no power to consult beyond the chairman. The Minister will say, “Parliament has given me a power and a duty to consult the chairman, but nobody else. Although I wish to consult, I do not have the power to do so.”

Our amendments would close that bolthole for a Minister who did not want to consult for fear of hearing things that he or she might not wish to hear. That possibility is one of the higher purposes of the Bill. I am disappointed that the Minister does not agree with me. In all sincerity, however, this is not a matter on which to divide the Committee, so I beg to ask leave to withdraw the amendment.

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