§ [Nos. 3 and 4]
§ Clause 1, page 2, line 25, leave out subsection (7).
§ After Clause I, insert the following new clause:
§ Directions of Secretary of State to the Board and Consultative Council
§ . The Secretary of State may, after consultation with the Board, give to the Board directions as to the exercise and performance of their functions, and the Board shall give effect to any such directions.
§ 7.16 p.m.
§ The LORD CHANCELLORMy Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments No. 3 and 4 en bloc. The effect of these Amendments is to transpose the Secretary of State's power to give directions to the Board from Clause 1(7) to a new clause after Clause 1. The other Amendments are consequential; namely, Amendments Nos. 20, 31, 32, and 33, to which I might conveniently refer at the same time.
§ Baroness ELLESMy Lords, may I interrupt the noble and learned Lord at this stage in order to draw his attention to the fact that the words, "and Consultative Council" in the margin should surely be removed, and also in Amendment No. 20. Would he confirm that this is right, since the Consultative Council, so far as I understand it, is no longer contained in the Bill.
§ The LORD CHANCELLORMy Lords, I am grateful to the noble Baroness. That is correct, and we will see that that is done. In the meantime, if it would be convenient may we consider Amendments Nos. 20, 31, 32, and 33, which arc consequential to the Amendments that are proposed. At the Report stage the Government restored to the Secretary of State in the new clause the power to give specific directions which had been removed by the Opposition Amendments in Committee deleting Clause 1(7) and inserting the new clause with a power of general direction only. This secures the full accountability of the Board to the Secretary of State, and of course from the Secretary of State to Parliament. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor).
§ Baroness ELLESMy Lords, could the noble and learned Lord tell me what the effect would be if there is a Welsh Assembly? Would the Secretary of State still be responsible for giving the Board directions, or would the Board in fact receive directions from a new Welsh Assembly? I appreciate that there is no provision in the Bill now for this, but would this clause in fact eventually have to be amended?
§ The LORD CHANCELLORMy Lords, we have not yet seen the Devolution Bill—I was going to say the colour of the Devolution Bill—and we shall therefore have to wait until then before I can give a positive answer, but I apprehend that the direction could well come from the Assembly. I had better take guidance on that; that is likely to happen, but I say that without giving it as an absolute assurance.
§ On Questions, Motion agreed to.