My Lords, the issue of effective scrutiny has come up a lot during the course of the Bill. As I said during the debate on the previous group of amendments, I am ready to have discussions with noble Lords across the House about their ideas for strengthening scrutiny.
Amendment 39C would remove the power for the Secretary of State to make provision about the chair of an overview and scrutiny committee and about the appointment of a scrutiny officer. I am not sure that removing the ability of the Secretary of State to ensure, if it were deemed appropriate, that all overview and scrutiny committees have a scrutiny officer, or to make provisions about the chair, would achieve our joint aim of strengthening scrutiny and safeguarding against a one-party state.
Nor am I clear that Amendment 40A would strengthen overview and scrutiny. The amendment would remove from the scope of the order-making provision on overview and scrutiny issues the publication of reports et cetera and the information which must or must not be disclosed to an overview and scrutiny committee. I am clear that strong scrutiny needs the overview and scrutiny committees to have access to all the information that they consider necessary to pursue their work. Equally, it is important that their reports and recommendations are public, transparent and properly taken into account by those making decisions. The following amendments essentially set out some of the ideas that may achieve these aims and the substance of which we will wish to consider carefully.
Amendments 36H and 37B seek to expand the scope of overview and scrutiny so that it includes the possibility of an overview and scrutiny committee examining not only decisions made or actions taken, but decisions made or actions “under consideration”.
Amendment 41 would require that any order made by the Secretary of State about the membership of an overview and scrutiny committee must ensure that such membership reflects the proportion of votes that each political party received at the most recent local government election for the constituent councils. Amendment 42 would require that any order made by the Secretary of State about the chair of the overview and scrutiny committee or committees must include provision that the chair is to be a representative of a different political party from the party of the mayor of the combined authority. Amendment 49 provides the definition of “party” for these two amendments. While I believe that there are some practical issues with Amendment 41, given that not all parties who receive votes at an election may have an elected member, I understand the concern that underpins the amendments.
Finally, Amendments 39AA and 40B seek to introduce the affirmative procedure for orders and guidance about overview and scrutiny. Given the importance that we attach to overview and scrutiny, I have some sympathy with the aims of these amendments, and, indeed, in our wider consideration of how best to strengthen overview and scrutiny. We may consider that some matters might be better dealt with on the face of the Bill, rather than through secondary legislation. In our previous short debate I highlighted some of the important issues that we will wish to consider when looking at how to make scrutiny strong and effective in all areas. This, most importantly, includes those areas where the members of the combined authority come from one party.
Given this commitment, I hope that the noble Lord will feel able to withdraw his amendment.