Clause 1 - Power to establish inquiry

Part of Inquiries Bill [Lords] – in a Public Bill Committee am 10:15 am ar 22 Mawrth 2005.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jonathan Djanogly Jonathan Djanogly Shadow Minister (Home Affairs) 10:15, 22 Mawrth 2005

Despite the eloquent and thorough attempt of my hon. Friend the Member for North-East Hertfordshire to persuade the Government to increase the role of Parliament in inquiries, they have turned down our party’s amendments so far. In that context, through her alternative, the hon. Member for Cambridge (Mrs. Campbell) has given us the opportunity to debate the Public Administration Committee proposals addressing the serious imbalance between the powers of the Executive and Parliament contained in the Bill.

As my hon. Friend said, the Bill contains extensive ministerial powers that could prejudice the independence of an inquiry and the very argument about the separation of powers that the Government pushed so heavily during the passage of the Constitutional Reform Bill. It seems that the Government’s constant hunger for ever-increasing powers in the hands of the Executive has unfortunately, but perhaps inevitably, entered the arena of public inquiries—a context where excessive ministerial powers could make the very exercise of the inquiry redundant through potentially politicised findings and inadequate opportunities for the views of the public to be expressed. Parliament provides a channel through which those views may be heard, yet the Bill all but closes off that channel.

My hon. Friend presented the Conservative solution to the democratic deficit. A resolution should be passed in Parliament each and every time an inquiry is launched under the terms of the Bill, but it seems clear that the Government have not, and may be unlikely to, accept such proposals. That being the case, we will support the hon. Member for Cambridge in her sensible though less far-reaching alternative to obligatory parliamentary involvement.

Amendment No. 35 and new clause 1 provide a process by which any inquiries that Parliament finds to be of public importance will be set up and regulated by Her Majesty through Orders in Council. The hon. Lady explained that the Privy Council would decide on the terms of reference, the panel, any assessors, future modifications and suspension, or premature ending of the inquiry where appropriate. That solution to the parliamentary problem is attractive on two counts. First, while it is less than we would wish to see, it would ensure more parliamentary involvement. It is hoped that that role would be given to Parliament when it is   most needed. Secondly, it would avoid the cumbersome procedure that seems so abhorrent to the Government and to other members of the Committee.

It is true that the 1921 Act was rarely used, but perhaps the amendment would provide the appropriate balance between ministerial accountability to Parliament and the pressures on Parliament’s timetable. Clearly, debate will ensue over whether an inquiry will be found to be of public importance. It is a line that no person would be particularly keen to draw, however the hon. Lady has avoided that difficult definition by leaving it to Parliament or the relevant Assembly to decide on a case-by-case basis. In the context, that is probably the right thing to do.

Would the debate over the public importance of a future inquiry negate the apparent advantage of not including Parliament in each and every decision to launch an inquiry? Quite possibly so. It is feasible that a Minister would argue that each inquiry is of public importance in an attempt to prove to the individual voters involved in each inquiry’s facts and scenarios that he takes their case seriously. The added debate about the categorisation of the inquiry could take up more of Parliament’s time before anyone has considered the terms of reference or panel members. We accept that that would need to be addressed.

Further, the freedom with which the Privy Council would dictate how the inquiry was run should perhaps be tempered to take account of the chairman’s intimate knowledge of how the inquiry is proceeding. We welcome the parliamentary legitimacy given to those decisions, albeit in a diluted form, and we merely suggest that some consultation with the chairman should be included to recognise his on-the-ground awareness of all issues affecting the inquiry.

There are problems with the amendment that need to be addressed, but in principle we shall support it as an alternative to our preferred solution, which would require more parliamentary involvement in every inquiry. After hearing the Minister’s response, the hon. Lady will have to consider whether the amendment should be put to the vote. I hope that she decides to do that. If she does not, and unless we receive a clear message from the Minister about a change of mind, the Conservative Opposition will request a vote.

The hon. Lady may be considering bringing back her amendment on Report, but if we are to have a May election, which is a possibility, the chances of the Bill having a Report stage are slim. That is why I ask that she makes her principles stand. She will have our support on that.