Natural Environment and Rural Communities Bill

In seeking to reply to the amendments and to the points raised by noble Lords, I will try to cover them as fully as I possibly can, having regard to the point made by the noble Baroness, Lady Miller of Chilthorne Domer. I may have to write on some of the technical detail, and there may be issues raised during the Committee stage on which a meeting between now and Report would be helpful. I think it would be helpful if I were to speak to Schedule 1 before we consider the amendments in the group. The schedule sets out the constitution of Natural England, including provisions about its status, membership, terms of office, pay and pensions, staff, procedure, accounts and annual reports. Much of that is self-explanatory. The text has been amended to reflect many of the points raised during pre-legislative scrutiny, making the independence of Natural England clearer in the Bill. A minimum and maximum number of board members has been specified to give a range of eight to 15, in line with the Environment Agency. Heaven forfend that the noble Baroness, Lady Young of Old Scone, should ever be a thorn in the side of anyone, even when she expresses her views with commendable frankness. She demonstrates that independence arrives according to who you appoint, and not always according to the procedure used. Paragraph 3 was also introduced, placing a duty on the Secretary of State to have regard to the desirability of appointing a person to the board who has experience of, and has shown capacity in, some matter relevant to the functions of Natural England. The Bill does not, however, include a power for the chairman to appoint board members, which was a recommendation made by the EFRA Committee. That would be against what is said by the Office of the Commissioner for Public Appointments—a point that received support from around the Committee—and would raise serious issues of ministerial accountability. Amendments Nos. 21 and 22 require the Secretary of State to select the chairman of Natural England following open and fair competition regulated by the Commissioner for Public Appointments, and to allow the chairman to appoint the board. Schedule 1 does not currently specify the procedures which the Secretary of State should employ when appointing the chairman and members, because Ministers are already required to follow the code of practice of the Commissioner for Public Appointments when making appointments to non-departmental public bodies. I hope that that reassures the noble Baroness, Lady Byford, in particular. Natural England will be regulated by the commissioner and covered by the code, as is the case with all other NDPBs. Although Natural England will be a fully independent NDPB, it is also accountable to the Secretary of State. Appointments to the board provide a necessary link in the chain of accountability between Ministers and the board, which has collective responsibility for ensuring that Natural England discharges its statutory duties within the framework and according to the priorities specified by Ministers. Amendment No. 23 deletes paragraph 1(2) and (3) from Schedule 1. Sub-paragraphs (2) and (3) will require the Secretary of State to consult the chair of Natural England when making board member appointments, and to have due regard to ensuring that all members can bring relevant experience to the Natural England non-executive board. As the chair will be working closely with the non-executive board, the chair should have a role—one protected by statute—in advising Ministers of the skills that will best help the board in its deliberations. In answer to the noble Baroness, Lady Byford, I can say that sub-paragraphs (2) and (3) are already designed to safeguard the quality of the non-executive board and ensure that those appointed are knowledgeable and able to make a contribution. The chairman-designate of Natural England will be a member of the appointments panel. Amendment No. 26 deletes sub-paragraph (4), which allows the Secretary of State to appoint a deputy chair. Natural England is a large public organisation with diverse national responsibilities and many thousands of customers. The appointment of a deputy would bring flexibility in the allocation of tasks and provide continuity in the event that the chair resigns or is indisposed for any period. Because in unfortunate circumstances the deputy chair could end up having to act as chair of the body for a considerable time, the Secretary of State’s role is the most appropriate. Amendment No. 36 deletes a provision relating to pensions. That point was raised by the noble Baronesses, Lady O’Cathain and Lady Byford. The chairmen and deputy chairmen of English Nature and the Countryside Agency are already pensionable posts. There are provisions in the Bill for paying pensions to board members and officers. That is not an unusual practice.