§ Dr. WrightTo ask the Secretary of State for Education and Employment if she will list those of her Department's advisory non-departmental public bodies which(a) the Government are required to consult prior to legislative proposals and (b) the Government are required to publish their response to advice supplied by them. [21855]
§ Mr. Robin SquireThis information is not available centrally other than in the relevant statutory provisions. A comprehensive list cannot, therefore, be assured. The Department is, however, aware of the following.
In relation to the national curriculum, section 20 of the Education Reform Act 1988 requires the Secretary of State to refer certain proposals for regulations to the School Curriculum and Assessment Authority, which then reports back to the Secretary of State. That report is published. There is a subsequent statutory consultation on the proposed order or regulations.
In relation to certain procedural rules—for instance, for the special educational needs tribunal or appeal committees relating to admission to and exclusion from schools—the Secretary of State is required to consult the Council on Tribunals.
Section 3(3) of the Activity Centres (Young Persons Safety) Act 1995 obliges the Secretary of State to consult the Health and Safety Commission in certain circumstances before making regulations.
In a number of cases the Secretary of State is under a statutory obligation to consult before making regulations. Such consultation might involve one of the Department's advisory non-departmental public bodies but such consultation is not specified.
Under section 80 of the Sex Discrimination Act 1975, the Secretary of State has power to amend certain sections of the Act by order subject to draft affirmative parliamentary procedure. Section 80(2) requires her to consult the Equal Opportunities Commission before laying any such draft order before Parliament.
265WSection 73 of the Race Relations Act 1976 makes similar provision in relation to that Act, requiring the Secretary of State to consult the Council for Racial Equality before laying a draft order before Parliament.
Except to the extent described in relation to the national curriculum, the Department is not aware of any requirement placed on the Government to publish its response to advice supplied by the advisory body.