§ Lord Hyltonasked Her Majesty's Government:
Whether they accept the principle that non-designation of public authorities should be the exception rather than the rule, under Section 75 of the Northern Ireland Act 1998. [HL3037]
§ Lord Falconer of ThorotonThe Government are committed to a maximalist approach to designation and want to see the statutory duty embracing as wide a range of bodies as possible. The vast majority of organisations carrying out public functions in Northern Ireland are already designated under Section 75(3)(b) and (c) of the Northern Ireland Act 1998. A further list of bodies was designated under Section 75(3)(a) by the Northern Ireland Act 1998. (Designation of Public Authorities) Order 2000. The list is not exhaustive but represents the first tranche of additional public authorities under this power. In the weeks and months ahead, we will continue our consideration of what other bodies might need to be designated under this power or the power in Section 75(3)(d). Further orders will be made as required.
§ Lord Hyltonasked Her Majesty's Government:
Why there have been delays in publishing a full list of authorities to be designated under Section 75(3)(a) and (d) of the Northern Ireland Act 1998; and when the full list will be available to Parliament. [HL3038]
§ Lord Falconer of ThorotonThe list of public authorities is an evolving one. Many bodies are automatically brought within the definition of "public authority" for the purposes of Section 75. Section 75(3)(b) and (c) designates all bodies that are subject to 165WA investigation by either the Northern Ireland Commissioner for Complaints or the Northern Ireland Ombudsman. Full lists of these bodies can be found respectively in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 or Schedule 2 to the Ombudsman (Northern Ireland) Order 1996.
The Act also provides the power for the Secretary of State to designate other organisations as public authorities for the purposes of Section 75. The recent Northern Ireland Act 1998 (Designation of Public Authorities) Order 2000 is an example of such additional designation. Further orders will be made as required.