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Natural Environment and Rural Communities Bill

In speaking to the Question whether Clause 88 should stand part, I am again exploring the constitutional practice in relation to directions, whether made by the Secretary of State or—as in Clause 88—authorised either by the Secretary of State or by the National Assembly of Wales, by Scottish Ministers or by the relevant Northern Ireland department. In the discussions in Committee on Clauses 16 and 25, and on Amendment No. 276, the following points emerged: that directions are a matter of last resort, and that there are three principal reasons why directions might be needed: first, if public funding ““goes completely awry””—I am quoting from Hansard; secondly, in the event of a major conflict of policy; and, thirdly, in the event that the non-departmental public body itself asks for a direction to settle a highly political issue. I would personally hope that an independent NDPB would not get itself into the last position; it would not say much for its independence. Be that as it may, the Minister’s description of the way in which directions might be used does not give rise to a contentious issue, despite the absence of any parliamentary procedure, which is, in my view, a defect in the way we proceed. There remain two constitutional points which need some consideration. The first is that experience shows that Ministers do not uniformly take the same view of directions as that outlined by the Minister in this case. The second is that it is necessary to take into account the possible ways in which practice towards directions might develop in Wales, Scotland and Northern Ireland as well as in England or for the United Kingdom. It is risky just to include this clause as a kind of reflex. It is usual practice to have such a provision, and in it goes, perhaps without further thought. I would be grateful for the Minister’s assessment of the need for this clause in relation to these bodies and his thoughts on how it might be used in different ways by the devolved administrations. I beg to move.