Legal Services Bill [HL]

I am grateful for the explanation of what noble Lords are seeking to achieve. I agree that the principles should apply—there is no difference between us on that point. As I indicated when I referred to the code of practice, the Commissioner for Public Appointments produces quite a lengthy document—65 pages—which includes the appointment criteria and processes. We would not wish to put this in the Bill; we do not believe that it is required. As the noble Lord, Lord Hunt, said, we recognise that things change over time; we do not want to set in stone criteria that may be out of date in a few years because we have moved on to greater and higher principles or the situation has changed, so we would not want to set out anything detailed. I know that noble Lords are seeking an assurance on this. Any appointment to a public body by a Minister falls within the remit of the commissioner, who has the duty to scrutinise it. The code of practice is committed to ensuring that appointments are made on merit and are subject to independent scrutiny. They must comply with equal opportunities requirements and are subject to probity, openness, transparency and proportionality. The commissioner and the role of the Office of the Commissioner for Public Appointments is engaged when Ministers seek to make appointments, and the commissioner has a duty to scrutinise them. The responsibility and duty of the commissioner, engaged by ministerial appointment, combined with the code of practice plus our commitment to the principles provide what noble Lords seek. We would not wish to put such a provision in the Bill because we do not want to run the risk of criteria changing over time and because we think it is unnecessary. That is not to say that we do not agree with the principles behind the amendment, but we do not think it is necessary.