Constitutional Reform and Governance Bill

I rise to cover two aspects of this subject—one included in the Bill and one not. Let me start with part 7, which deals with arrangements surrounding the Comptroller and Auditor General. I had the pleasure and privilege of serving on the Public Accounts Committee for two years, so I have some familiarity with the splendid work undertaken by the Comptroller and Auditor General and by the National Audit Office, which supports him. I believe it is appropriate for this Bill to cover some of the arrangements for the hiring and firing—if that is the right way to put it—of the Comptroller and Auditor General, so I welcome part 7. Needless to say, the Bill appears to have missed one or two aspects, which the Lord Chancellor, who I see in his place, may be able to pick up in case I have misinterpreted the clauses that relate to my concerns. The first is the appointment itself. Clause 37 covers eight aspects of the office of the Comptroller and Auditor General and subsection (7) states that the""person appointed holds the office for ten years."" It is entirely appropriate to have a time limit on the appointment, because, although I am not casting aspersions on previous incumbents, it became apparent that there was no time limit only when Sir John Bourn reached an age when people were starting to wonder whether there was an appropriate point for him to retire; he decided to do so when he was, I think, 74. Having a 10-year appointment is thus entirely appropriate. The question it gives rise to is: in what circumstances should an incumbent retire? Provision is made for the incumbent to offer his own resignation, and Her Majesty, through an address from both Houses of Parliament, can also accept his removal and replacement by somebody else, but there is also a third eventuality, which the Bill does not address. That is that, if the incumbent reaches a certain age and becomes infirm, soundness of mind might become an issue—perhaps not to the incumbent, but to those who have to work with him or her. I have found no provision in the Bill for that to be taken into account with regard to a figure of such seniority within the accountability structure of the civil service and Government of this country. If the Lord Chancellor has any inspiration while I am speaking, or perhaps later, during the wind-up speeches, he might like to address that point. The second issue I want to deal with relates to clause 38(8).