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Further Education and Training Bill [HL]

I hope that I can address the concern raised by the noble Viscount, which was echoed by the two noble Baronesses. We believe that it is appropriate for the Secretary of State to give directions and guidance to a body specified in an order made under Clause 4, and for the body to be established by regulations to be made also under Clause 4. The duty to comply with any directions is higher than the duty to have regard to any guidance, the former allowing greater control over the formulation and review of a strategy. We consider that both will be appropriate in the case of a body specified by an order to be made under new Section 24A or the body established for London. It will be vital that any strategy produced by a body thus specified, or the London Skills and Employment Board in Greater London, is based on wide and full consultation with relevant organisations and interests. That is why new Sections 24A(4)(e) and 24B(4)(e) specifically refer to consultation as one of the issues to be covered in directions and guidance. We expect directions to specify matters with which the body must comply in carrying out that consultation—for instance, the sort of organisations to be consulted or the need to have regard to the Government’s code of practice on consultation. Draft directions and guidance for the London Skills and Employment Board have been made available to the Committee. These set out the key organisations and interests that the board must consult in formulating its strategy. We believe that they are appropriate, although I would always welcome comments from Members of the Committee. In respect of the reasonableness and scrutiny of directions, the Secretary of State must always act reasonably as a matter of public law when giving directions. He is subject to challenge by way of judicial review if he does not do so. On the basis of that elucidation and those assurances, I hope that the noble Viscount will be satisfied.