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Mr. Simon Hughes: I am grateful to the Government for responding to our concerns. They do not represent three-star, flashing light, huge legislative matters. I do not pretend that they are the central part of the Government's programme.
Mr. Tipping: The hon. Gentleman underestimates his powers.
6.15 pm
Mr. Hughes: Even on our shopping list, they are not matters that we would have died for in Committee. None the less, the Government have tried to bring within the same system appointments or selections under the slightly anomalous routes by which people are given honours. As far as I and those who advise me have been able to work out, our concerns have been met. A minor caveat remains in that I am not sure that the Minister can be absolutely certain that the small print is perfect. However, I am pleased that the Bill has been improved; it will become more consistent legislation. I am grateful to those behind the scenes who have helped to make that happen.
Amendments made: No. 12, in page 8, line 7, leave out first "the" and insert "a".
No. 13, in page 8, line 9, leave out "or refused".
No. 14, in page 8, line 11, leave out from "giving" to end of line 18 and insert--
'the approval, and in making the arrangements for determining who should be recommended or approved, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the recommendation or approval were an offer of employment and the Crown were the employer for the purposes of this Act.
(6) Subsections (3) to (5) do not apply in relation to the making of negative recommendations.
(6A) Subsection (6C) applies to--
(a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to an appointment to an office or post where section 4 does not apply in relation to the appointment, and
(b) any approval refused by such a Minister or department in relation to any such appointment.
(6B) Subsection (6C) also applies to--
(a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to a conferment by the Crown of a dignity or honour; and
(b) any approval refused by such a Minister or department in relation to any such conferment.
(6C) In making a negative recommendation or in refusing to make a recommendation or give an approval, and in making the arrangements for determining whether to make such a recommendation or refusal, the Minister of the Crown or government department shall not do an act which would be unlawful
(6D) Subsection (6E) applies in relation to any appointment to an office or post where section 4 does not apply and--
(a) the appointment is made by a Minister of the Crown or government department, or
(b) the office or post is an office or post in relation to which a Minister of the Crown or government department has made a recommendation (other than a negative recommendation) or given an approval.
(6E) A Minister of the Crown or government department shall not do an act in connection with--
(a) the terms of the appointment;
(b) access for the person appointed to opportunities for promotion, transfer or training, or to any other benefits, facilities or services; or
(c) the termination of the appointment, or subjecting the person appointed to any other detriment;
which would be unlawful under section 4 if the Crown were the employer for the purposes of this Act.'.
No. 15, in page 8, line 21, after "(5)" insert--
', subsection (6C) or, in relation to an appointment falling within subsection (6D)(b), subsection (6E)'.
No. 16, in page 8, line 25, at end insert--
'( ) The sanctions provided by virtue of the operation of section 53(2) to (4) in relation to this section shall be the only sanctions under this Act in relation to appointments, conferments and other acts to which this section applies.'.
No. 17, in page 8, line 27, leave out from first "to" to end of line 28 and insert--
'refusal include references to deliberate omission;'.
No. 18, in page 8, line 31, at end insert--
'and
( ) references to Ministers of the Crown and government departments so far as they relate to the making of a recommendation or a refusal to make a recommendation, or the giving or refusal of an approval, in relation to a conferment of a peerage for life under section 1 of the Life Peerages Act 1958 include references to any body established by a Minister of the Crown to make such a recommendation to the Prime Minister or to determine whether to give such an approval.'.--[Mr. Touhig.]
Clause 5
Mr. Tipping: I beg to move amendment No. 19, in page 10, line 45, leave out "or".
Mr. Deputy Speaker: With this it will be convenient to discuss Government amendments Nos. 20, 23, 25, 34 and 49.
Mr. Tipping: These are technical and drafting amendments, but I hope that they are transparent. I intend to speak to them only briefly.
Amendment Nos. 19 and 20 are designed to ensure that the definition of criminal investigation applies, in the different circumstances that arise in Scotland, to the same extent as it does in England and Wales. In Scotland, authorities such as the vehicle inspectorate or the Health and Safety Executive have investigatory powers, but no power to conduct prosecutions. The definition of a criminal investigation at paragraph (b) of section 57(4B),
as inserted under clause 5, therefore does not cover investigations carried out by such bodies; nor does the definition at paragraph (a) of section 57(4B), since they will not necessarily always have a duty to conduct their investigations. The amendments are therefore needed to ensure that the definition of criminal investigations covers investigations carried out by such bodies in Scotland.Under amendments Nos. 23 and 25, we propose to make minor technical amendments to two Scottish entries in schedule 1A, which lists specified public bodies for the purpose of the new duty to promote race equality.
Amendment No. 49 repeals a provision that provides for Scottish Homes to be subject to the existing duty to promote race equality under section 71. That duty will be made redundant by the new duty under the Bill, which will apply to Scottish Homes by virtue of amendment No. 28.
Amendment No. 34 will allow an enforcement notice served by the Commission for Racial Equality in respect of an immigration decision to be appealed in the civil courts. That will not restrict the commission's powers; it will simply place immigration decisions on the same footing as other areas of decision making under section 59 of the Race Relations Act 1976. I commend the amendments to the House.
Amendment made: No. 20, in page 11, line 3, after "conduct;" insert "or
(c) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted;'.--[Mr. Touhig.]
Clause 10
Amendment made: No. 21, in page 14, line 35, leave out "Schedules 1" and insert "Schedules 2".--[Mr. Touhig.]
Schedule 1
Amendment made: No. 22, in page 16, line 2, leave out Schedule 1.--[Mr. Touhig.]
Schedule 2
Amendments made: No. 23, in page 19, line 29, leave out "established" and insert "constituted".
No. 24, in page 19, line 30, at end insert--
'. A Special Health Board constituted under section 2 of that Act.'.
No. 25, in page 20, line 30, leave out--
'constituted under section 62A or 62B'
and insert--
'within the meaning of section 235(1)'.
No. 26, in page 21, line 6, at end insert--
'. A regional development agency established under the Regional Development Agencies Act 1998 (other than the London Development Agency).
. Scottish Enterprise and Highland and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.'.--[Mr. Touhig.]
Mr. Tipping: I beg to move amendment No. 27, in page 21, line 13, at end insert--
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