I am glad that it is clear to all right hon. and hon. Members.
As in the existing clauses, we have retained the possibility in new clause 14 for the Secretary of State to add new designated bodies to the schedule, by negative resolution order, to provide future flexibility. Such additional bodies must exercise functions related to, or connected with, DEFRA functions in line with the general limitation of these powers to the DEFRA area.
Because there is no longer the possibility of making agreements with undesignated bodies, we have taken the opportunity to review the list in schedule 7 to ensure that it covers all those bodies with which DEFRA, or other designated bodies being set up by the Bill such as Natural England, might need to make agreements in the near future. As a result, we are adding to the schedule English Heritage, which is described as the Historic Buildings and Monuments Commission, and local authorities. The addition of local authorities gives rise to the need for some technical changes to ensure consistency with local government legislation, and these are contained in new clause 18.
New clause 15 deals with the reserved functions, which may not be delegated and which were previously in clause 73(4). This now additionally provides that the Secretary of State may not authorise a designated body to perform functions under the Water Industry Act 1991 or subordinate legislation made under it. This was an important clarification for the industry. The new clause also retains the requirement that functions to be delegated must be compatible with the purposes for which the receiving body was established, together with other limitations to ensure that this power is not used inappropriately.
I believe that these changes significantly improve this part of the Bill. They address the genuine concerns that the Opposition raised about the potentially wide implications of these agreements and they introduce greater certainty and transparency into the types of functions involved, and the bodies that can enter into agreements. But—this is essential, to address the point made by my hon. Friend the Member for Sherwood (Paddy Tipping)—they also provide us with the tools that we need to continue to deliver a challenging programme of reform in DEFRA now and into the future. They will give DEFRA and its bodies the flexibility that we need to look at the best ways of delivering our strategic outcomes, to assist customers by operating in a joined-up way, to avoid duplication and waste, to devolve delivery to the regional and local level and to respond to changing needs over time. These amendments and new clauses strengthen important provisions in the Bill. I commend them to the House.
Natural Environment and Rural Communities Bill
Proceeding contribution from
Lord Knight of Weymouth
(Labour)
in the House of Commons on Tuesday, 11 October 2005.
It occurred during Debate on bills on Natural Environment and Rural Communities Bill.
About this proceeding contribution
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2005-06Chamber / Committee
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