Consumers, Estate Agents and Redress Bill [HL]

Clause 36 requires the Secretary of State to consult on any proposal to extend the functions of the council. The clause specifies that consultees must include the council; Welsh Ministers—where the proposal may fall within their jurisdiction; and such other persons as the Secretary of State considers appropriate. The amendment to the last category would add, "““including companies and industry experts who would be affected by such an order””." Any consultation undertaken under the clause would be a public consultation. It is in the interests of good policy as well as the interests of good consultation practice to seek to reach all those potential consultees who may have a direct interest in the subject matter, or who may have a valuable contribution to make if invited to do so. I suggest that the range of stakeholders consulted would depend very much on the nature of what is proposed and who may be affected by it. As the consultation would be public, it would certainly be open to anyone, including companies and industry experts affected by any proposed extension of functions, to contribute. I hope that I have demonstrated that I am entirely sympathetic to what I take to be the intention behind the amendment: to ensure that the consultation process is fully informed by all those who have an interest or who can make a contribution. I believe that it would be difficult to provide a detailed description of appropriate consultees who might adequately meet all of the circumstances where the provision might be exercised, but I hope that the Committee will take some comfort from what I have said today and recognise that the amendment may not be the best way forward in all circumstances, although I understand the principle behind it.