Lord Dubs (Lab)

My noble friend Lord Browne of Ladyton is unable to be here and has therefore asked me to speak to his amendment. I tried to add my name, but it was too late for the deadline. Clause 9 requires the commander to comply with directions and “have regard to guidance” by the Secretary of State about the exercise of the commander’s functions. The amendment requires the Secretary of State to “consult such persons as the Secretary of State considers appropriate before issuing or revising directions or guidance” under Clause 9. That is fine, but the issue is whether we will ever know what guidance the Secretary of State has given; in other words, the purpose of the amendment is to ensure that, when the Secretary of State issues this guidance, she shall act in a transparent manner and consult appropriate persons before issuing or revising directions or guidance under Clause 9. It is a matter of having some openness in how this thing happens; otherwise, we will never know quite what instructions have come from the Secretary of State. I understand that the Law Society of Scotland produced a pretty good briefing on this. Although the amendment does not, of course, confine itself to Scotland but covers all parts of the United Kingdom, nevertheless, my noble friend and I are indebted to the briefing from the Law Society of Scotland. This is simply a bid for openness in the way in which the functions are to be exercised.