I think we will end up simply differing on this. I wrote down the words ““horse’s mouth”” as the noble Baroness was speaking. That was a reference to the contractor, not to anyone who is taking part in the debate. I suppose it depends on who is the horse for this purpose, whether it is the contractor or the commissioner. As I said in moving the amendment, it is important to hold the commissioner to account, but this would be an extra tool or mechanism that adds to the powers of the overview and scrutiny committee.
I am sure that I have seen something somewhere in the Bill about defamation and whether there is qualified or absolute privilege in overview and scrutiny committees; it might have come at a different part of the Bill. It occurred to me to think about that only as the noble Baroness was speaking. It is much better to be able to say to a contractor, ““There are assertions that you have not done so and so; now tell us about it””, rather than having a debate with the commissioner that brings into play allegations about the contractor’s services. We should perhaps follow up that point, which is important in terms of how these things might function. Essentially, in the other comments by the Minister, I would characterise her as saying, ““It is not necessary””; and I am saying, ““Better to have a stick and not to use it than to assume that the stick will never be necessary””.
On Amendment No. 217, I would not want to envisage a lot of worthy reports gathering dust. It is important that they are part of a process and not the end of another process, which is why I suggested that regard should be had to them, which is not such a high obligation. However, we have a slightly different view on how these things may work. We will see. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 121 [Reference of matter by councillor to overview and scrutiny committee]:
Local Government and Public Involvement in Health Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Tuesday, 17 July 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Local Government and Public Involvement in Health Bill.
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