Select Committee on Environment, Food and Rural Affairs Minutes of Evidence


Examination of Witnesses (Questions 540 - 559)

WEDNESDAY 23 MAY 2007

RT HON DAVID MILIBAND MP AND MR ROBIN MORTIMER

  Q540  Chairman: No, it is the bit before hand.

  David Miliband: I think it will all be in the report. What is before hand? I do not understand.

  Q541  Chairman: Before hand is the budget. The report is how we have done.

  David Miliband: No, there is annual report on progress.

  Q542  Chairman: But when the thing starts off in 2009 the first act of the Climate Change Committee is to present you with some recommendations for your budget. Nothing has happened yet. They are not going to write a report until something has happened. What we are saying is, given this agreement or this indication of transparency, is that—

  David Miliband: The first thing they do is they recommend the budgets. That is not about views, that is about their recommendations for the budgets for the periods up to 2022. If you are asking me will their recommended budgets be in the public domain, the answer is yes.

  Q543  Chairman: Together with any reasons underpinning why they have come to that conclusion?

  David Miliband: Yes. You have got a point here about views, which is in respect of a word that you have picked up about their reports on progress. It will be for the Committee to decide how much or how little reasoning they want to put forward, but my working basis is that their recommendations would be in the public domain and their views on progress would be in the public domain.

  Chairman: Mr Hall, I apologise.

  Q544  Patrick Hall: That was going to be my question which you snatched from me! Can I just make the point. The Secretary of State has agreed that there should be maximum publication so that people are well informed?

  David Miliband: What I have said is that their reports should be put into the public domain.

  Q545  Patrick Hall: No, not just the annual report to Parliament?

  David Miliband: And their recommendations on budgets.

  Q546  Patrick Hall: That is all right: because that would be more productive, would it not, than what we were talking about earlier on the judicial review? If Parliament and the public, possibly through the media, who knows, are well informed, then that is the sanction?

  David Miliband: Of course.

  Q547  Patrick Hall: And that is what we should be concentrating on?

  David Miliband: When I was answering Geoffrey Cox I did make the point that you have got the public opinion, politics and the law, and of course that is right. If I was sitting here saying we have got this secret process; no one is going to know how we are doing until the end of five or 15 years and then, boom, you could end up in the courts, you would say is that not a rather stupid way of organising it? Should we not be able to track how the population, different parts of society know how we are doing, and the answer is, "Yes".

  Q548  Mr Cox: Can I follow up on one thing. Would you envisage, if the Committee strongly disagreed with an action taken by the Government, that it might publish a report setting out the basis of its disagreement?

  David Miliband: I think that the provisions for the Committee are three-fold in respect of that: (1) they have their recommended budgets, (2) they have their reports on progress, (3) they can do work as requested by the Secretary of State.

  Q549  Mr Cox: Can I stop you there. The duty under clause 21 is a duty to lay before Parliament each year a report, but it does not suggest that they could not produce interim reports or produce bulletins on that report?

  David Miliband: It certainly does not.

  Q550  Mr Cox: Thus, if they disagreed with the specific action of the government that they thought was going to take the matter out of the carbon budget at any particular time, they might produce a bit more?

  David Miliband: You might think that I would say this, but to put it another way, if you said to me: is it impossible for the Independent Committee to issue a laudatory proclamation about a piece of government initiative that they think is spectacularly effective and would it be appropriate for them to do so three weeks before a general election that might be tightly fought on the issue of climate change, I might hesitate, you might hesitate before thinking that was a good thing, but neither laudatory proclamations nor stinging indictments are precluded on the face of the Bill. I think any committee would think very, very carefully before it allowed itself to be dragged into what might be perceived to be party political lobbying or activity.

  Q551  Mr Cox: Of course one does not mean party political. If one is comparing this to a committee like the Monetary Committee or something like that, one means something---. I understood part of the role of this Committee was to take it out of politics to some extent and achieve some kind of consensus, scientific or otherwise. If the Committee perceives that the policy is taking a wrong turning, it would have, would it not, a duty to say so?

  David Miliband: It does not have a duty, or at least it does not have a duty as per the legislation that we have proposed and that we are discussing.

  Q552  Mr Cox: Report on progress?

  David Miliband: Would it be sensible for the Government to preclude that in legislation? No, I do not think so, because I think that the Government should treat committees like adults. Equally, the strength of, for example, the Monetary Policy Committee comes from the regular rhythm of reports that it does. It does not come from the uncertainty that they might pop out with a report on an ad hoc basis. They have their inflation report and they do that in the appropriate way. I think the strength of the Committee would be to come from the maturity of adhering to that. As I say, that would be for the Committee to decide.

  Q553  Lynne Jones: You said earlier that the Committee might be asked to advise the Government on specific issues. What would be the status of that advice? Would it be made public or would it have the same status as advice from civil servants, for example. The Monetary Policy Committee produces minutes of its meetings. Should there not be that kind of openness and transparency in terms of the workings of this Committee?

  David Miliband: I think the matter of its minutes is a matter for the Committee to think about. I think that if it produces a report on a specific issue, then my presumption would be that that would go into the public domain. To continue the earlier example that we had, if the Committee was asked: "What should you do about boilers in small houses?"—it is does not seem to me to be a likely example, but you get the point—

  Q554  Lynne Jones: Surely your presumption is not sufficient. It should be clear from the start what openness there is going to be about the workings of this Committee. It may be that you as the Secretary of State would be perfectly happy for advice to be published, but you may not be in that position for ever and surely it should be laid out exactly the level of openness that is going to appear, and to what extent the Committee will be able to, for example, identify specific government policies that may be counter-productive in terms of achieving its targets?

  David Miliband: I think it is important to emphasise, this has been set up not as a policy-making committee, and there are two aspects of that that are important, but one is the most important. It has been set up to set carbon budgets. In other words it is focused on outcomes. It has also been set up to monitor progress towards the achievement of those outcomes. That is why I say it has not been set up as a policy-making body. There is provision, it does not say exceptional, but there is provision for a Secretary of State to ask for specific advice about a policy matter, but I think, consistent with my answer to one of the earlier questions about why have we not got all manner of different targets about fuel poverty or anything else on the face of the Bill, because this is concerned with the overall level of carbon emissions (greenhouse gases), that is their locus, that is their USP.

  Q555  Sir Peter Soulsby: The credibility of this Committee is going to depend crucially on its independence and its resources. How are you going to resource it and how are you going to ensure its independence?

  David Miliband: I do think the independence comes from the role of the Nolan independent appointment procedures. You ought to make sure that is done, we will want to make sure that is done in an appropriate way that guarantees their independence. In terms of their resources, we have done this modelling of how much they might cost. I do not know if you think it is too much or too little.

  Mr Mortimer: Two million a year.

  David Miliband: I was trying to find the page.

  Q556  Chairman: Forty-nine might be helpful. That says how much it will be.

  David Miliband: I do not know, what is your thinking, Peter.

  Q557  Sir Peter Soulsby: I think certainly they would need to ensure that they had enough to conduct their own analytical work without having to rely unduly on the resources of the department, that they could be seen to be commissioning what was necessary to come to their own conclusions?

  David Miliband: I would not want them to have to duplicate work that was done in the department, but, equally, making use of departmental statistics does not seem to me to be undue in its reliance.

  Q558  Sir Peter Soulsby: But being serviced by departmental staff in the extreme would seek to undermine your perception—

  David Miliband: They have got a research budget of three-quarters of a million quid in the first year. That seems quite substantial. I do not know what the going rate for brilliant academics is these days, but that seems to me to give them something to be going on. I do not know, is the Committee's view that the costs are too high or too low?

  Q559  Chairman: I think the difficulty in answering that question is to know precisely what kind of a work programme the Committee might think that it needs to do on its own. Obviously, there is a vast army, that I think our line of questioning has indicated and, for example, the witnesses who have come before us indicate that there is no shortage of advice, expertise and knowledge. It is a question of distilling it out for the purpose you have intended. I do not know, for example, whether in year one £750,000 for research is about analysing the literature, if you like, that is already out there or doing their own individual research to be truly independently coming to their conclusions.

  David Miliband: It has got to be a mix, has it not?


 
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