Consumers, Estate Agents and Redress Bill [HL]

Amendment Nos. 64 and 66, in the name of my noble friend Lord O’Neill, would permit the council—where it considered it appropriate—to enter arrangements with other persons to exercise certain powers in the investigation of complaints. Clause 20 provides the council with powers to make arrangements to co-operate with and give assistance to any person if that will facilitate the exercise of its own functions. The amendments are therefore not required. The amendments to Clauses 17 to 22 relate to the other functions of the council. These amendments fall into two distinct parts. One category relates to the council’s powers and how they affect the way in which it carries out its functions; another category relates to the Secretary of State’s interactions with the council. On the issue raised by the noble Baroness, Lady Miller, the whole point of the new NCC is that it will be at arm’s length from the Government and therefore independent from it. The second category of amendments includes Amendments Nos. 69 and 71. In practice, it is likely that the Secretary of State will work closely with the council and, hence, these amendments will have no material effect. Clause 19 requires the council to enter into co-operation agreements with certain named parties, and it provides power for the Secretary of State to make an order to designate additional parties for that purpose. The noble Baroness, Lady Wilcox, spoke about Clause 20. It is important that this clause stands part of the Bill because it allows the council to co-operate with, or give assistance to, others in the course of exercising its own functions. It enables the council to co-operate with bodies of its own choosing outside the category of designated bodies with which it must enter into co-operation arrangements under Clause 19. The council would be able to take a view on which bodies it needed to work closely with in relation to progressing its functions. The nature, frequency and extent of co-operation would be a matter for the parties concerned, pitched at the right level to fit in with the pursuit of the council’s own interests and the assistance that it can offer others. Likewise, Clause 21 provides the council with the power to carry out commissioned work in any areas where it has skill, experience or expertise. This clause must stand part of the Bill because it enables the council to give advice or assistance to others and be paid for providing that service. I hope that the noble Baroness is in favour of that principle. This provision is intended to give the council the power to participate in voluntary activities of its own choosing and to receive remuneration for the services provided. Amendment No. 83 would require the prior approval of the Secretary of State before the council could acquire an interest in a body corporate for the purposes of exercising functions of the council under Clause 21. I do not consider these steps to be necessary and therefore am unable to accept the amendment. I should also mention that the annual report and accounts and so on of the NCC will be published and audited. Clause 22 provides the council with the supplementary powers that it needs in exercising its functions, and this clause must stand part of the Bill. It gives the council the power to do whatever is needed, apart from borrowing money, in the interest of performing its functions. For example, it enables the council to enter into general contracts for administration and other related issues. Amendment No. 86 would therefore have no effect. For the reasons I have given, I resist the amendments and stress that Clauses 20, 21, and 22 should stand part of the Bill.