House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Committee of the whole House Proceedings: 4 November 2009
478

Constitutional Reform and Governance Bill, continued

      (3)
Restrictions on the other offices and positions which may be held by

the person who is the Auditor General; activities of a person who has

held the office of Auditor General (but no longer does).

      (4)
Provision requiring the Auditor General—

(a)
to aim to do things efficiently and cost-effectively;

(b)
to have regard, as the Auditor General thinks appropriate, to

the standards and principles that an expert professional

provider of accounting or auditing services would be expected

to apply.

      (5)
The authorisation of persons to exercise functions of the Auditor

General on the Auditor General’s behalf (including during a vacancy

in the office).

      (6)
The oversight or supervision of the Auditor General or of the exercise

of the Auditor General’s functions.

      (7)
The provision or use of resources for the purposes of the Auditor

General’s functions including (in particular)—

(a)
the employment and use of staff;

(b)
the procurement and use of services;

(c)
the holding of documents or information;

(d)
the keeping of records.

      (8)
The charging of fees or other amounts in relation to functions of—

(a)
the Auditor General, or

(b)
auditors appointed by the Auditor General under enactments.

      (9)
The restatement of any law relating to the Auditor General.”

(3)
In Part 2, after paragraph 6, insert—

“6A(1)
This paragraph applies to a provision of an Assembly Measure

which—

(a)
is a Matter 14.1 provision;

(b)
provides for the enforcement of a Matter 14.1 provision or is

otherwise appropriate for making a Matter 14.1 provision

effective;

(c)
is otherwise incidental to, or consequential on, a Matter 14.1

provision.


“Matter 14.1 provision” means a provision which relates to Matter

14.1 (and section 94(7) applies for the purposes of this definition as it

applies for the purposes of section 94).

      (2)
The following provisions do not apply in relation to a provision to

which this paragraph applies—

(a)
paragraph 3 so far as it applies in relation to sections 145,

145A and 146A(1) of the Government of Wales Act 1998;

(b)
paragraph 6(1).

      (3)
Subject to sub-paragraph (4), a provision to which this paragraph

applies cannot—

(a)
modify or confer power by subordinate legislation to modify

paragraph 3 of Schedule 8, or

(b)
give or confer power by subordinate legislation to give any

role to a committee of the Assembly.

Committee of the whole House Proceedings: 4 November 2009
479

Constitutional Reform and Governance Bill, continued

      (4)
Sub-paragraph (3) does not limit any role which may be given to a

committee of the Assembly which meets the requirements in sub-

paragraph (5) (whether established by virtue of a provision to which

this paragraph applies or otherwise).

      (5)
The requirements are—

(a)
none of the following may be a member of the committee—

(i)
the First Minister or any person designated to exercise

functions of the First Minister;

(ii)
a Welsh Minister appointed under section 48;

(iii)
the Counsel General or any person designated to

exercise the functions of the Counsel General;

(iv)
a Deputy Welsh Minister;

(b)
the committee must not be chaired by an Assembly member

who is a member of a political group with an executive role.”.’

Amendment of Exchequer and Audit Departments Act 1866

David Howarth

Mr David Heath

Negatived  NC19

To move the following Clause:—

‘(1)
The Exchequer and Audit Departments Act 1866 is amended as follows.

(2)
In section 13(1) after “applies”, insert “, subject to section 15A,”.

(3)
In section 14 at the beginning insert “Subject to section 15A”.

(4)
In section 15(1) after “applies”, insert “, subject to section 15A,”.

(5)
After section 15 insert—

“15A
Authorisation by relevant committee of the House of Commons

Notwithstanding any Act of Parliament or Resolution of the House of

Commons, the Auditor and Comptroller-General shall not grant any

credit to the Treasury under this Act unless he is satisfied that a relevant

committee of the House of Commons has examined and approved the

expenditure concerned for the relevant year,”’.

Purpose of Part 7

Kelvin Hopkins

Not called  NC41

To move the following Clause:—

‘The purpose of the following provisions is to further strengthen Parliamentary

control and supervision of the expenditure of public money, and for promoting

Committee of the whole House Proceedings: 4 November 2009
480

Constitutional Reform and Governance Bill, continued

economy, efficiently, effectiveness and probity in the use of such money by

government departments and other authorities and organisations.’.

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not called  59

Clause  51,  page  24,  line  45,  at end insert—

‘(3A)
After subsection 5(2) insert new subsection—

“(2A)
The Treasury shall direct the government department to publish online

resource accounts containing the following information in respect of a

designated body under section (4A)—

(a)
total annual expenditure;

(b)
headcount including agency and part-time workers;

(c)
costs per head of office space;

(d)
expenditure on consultants; and

(e)
such other relevant information as may from time to time be

required by Resolution of the House of Commons.”’.

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not selected  88

Clause  51,  page  24,  line  45,  at end insert—

‘(3A)
After subsection 5(2) insert—

“(2A)
The Treasury shall direct the government department to publish online

resource accounts which must contain the names and remuneration of all

employees earning more in the relevant year than the annual salary of the

Prime Minister.”’.

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not selected  89

Clause  51,  page  24,  line  45,  at end insert—

‘(3A)
After subsection 5(2) insert—

“(2A)
The Treasury shall publish online any existing online information system

used for recording details of all departmental expenditure.”’.

Clause Agreed to.

Clause 52 Agreed to.

Committee of the whole House Proceedings: 4 November 2009
481

Constitutional Reform and Governance Bill, continued

New Clauses Relating to Part 8

Publicly funded bodies annual report

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Not called  NC34

To move the following Clause:—

‘(1)
The Minister for the Civil Service must publish and lay before Parliament an

annual report on publicly funded bodies.

(2)
The Minister for the Civil Service may publish separate reports covering publicly

funded bodies that have a relationship with the Scottish Executive or the Welsh

Assembly. Before publishing these separate reports the Minister must consult the

First Minister for Scotland or the First Minister for Wales (as the case may be).

(3)
Publicly funded bodies to be included in the annual report are those bodies subject

to the code of conduct for publicly funded bodies.

(4)
Such a report must include but is not limited to—

(a)
details of last five years of government funding;

(b)
details of last five years of expenditure;

(c)
details of staff numbers over the last five years;

(d)
details of staff costs over the last five years.

(5)
The First Minister for Scotland must lay before the Scottish Parliament any report

under subsection (2) that covers publicly funded bodies that have a relationship

with the Scottish Parliament.

(6)
The First Minister for Wales must lay before the National Assembly for Wales

any report under subsection (2) that covers publicly funded bodies that have a

relationship with the National Assembly for Wales.’.

Transparency of government expenditure

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not called  NC35

To move the following Clause:—

‘(1)
The Minister for the Civil Service must publish and lay before Parliament a report

on central government expenditure.

(2)
The Minister for the Civil Service may publish separate reports detailing central

government expenditure in Scotland and Wales. Before publishing these separate

reports the Minister must consult the First Minister for Scotland or the First

Minister for Wales (as the case may be).

(3)
Such a report must include but is not limited to—

(a)
the salaries of the 35,000 most senior civil servants;

(b)
detailed organograms, job descriptions and staff numbers for all central

government departments, agencies and publicly funded bodies;

Committee of the whole House Proceedings: 4 November 2009
482

Constitutional Reform and Governance Bill, continued

(c)
every item of central government expenditure over £25,000;

(d)
government tender documents for contracts worth over £10,000.

(4)
The information contained in such a report must also be concurrently published

in a publicly accessable format on the internet.

(5)
The First Minister for Scotland must lay before the Scottish Parliament any report

under subsection (2) that covers publicly funded bodies that have a relationship

with the Scottish Parliament.

(6)
The First Minister for Wales must lay before the National Assembly for Wales

any report under subsection (2) that covers publicly funded bodies that serve the

National Assembly for Wales.’.

Government financial information

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not called  NC39

To move the following Clause:—

‘(1)
The Government Resources and Accounts Act 2000 is amended as follows.

(2)
After subsection 5(2), insert new subsection—

“(2A)
The Treasury shall direct the government department to publish online

resource accounts containing the following information in respect of that

department—

(a)
total annual expenditure;

(b)
headcount including agency and part-time workers;

(c)
costs per head of office space;

(d)
expenditure on consultants; and

(e)
such other relevant information as may from time to time be

required by Resolution of the House of Commons.”’.

Government spending website

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Gauke

Not called  NC40

To move the following Clause:—

‘(1)
The Government Resources and Accounts Act 2000 is amended as follows.

(2)
After section 11 insert—