The Earl of Minto (Con)

My Lords, the very interesting amendments under consideration in this group all seek to push the Government on the terms of appointment of the commissioner. This is always one of the seminal issues when we debate the establishment of a new position in law. Amendment 3 appears—the noble Lord, Lord Beamish, can elaborate on this in his closing remarks—to interfere with the principle of exclusive cognisance. His amendment insinuates that Parliament must hold a confirmatory vote on the Secretary of State’s preferred candidate for commissioner. As other noble Lords have mentioned, it would be very interesting to hear what the Minister has to say in response. Amendment 4, in the name of the noble Baroness, Lady Smith, creates a mechanism for appointment similar, as has been mentioned, to the committee system in the United States. Their congressional committees are required to hold confirmatory hearings and votes, and they have the power to decline a president their appointments. I am not certain how such a system could be translated into our particular constitutional model, but I am again quite intrigued to find out. Finally, on Amendment 5, I too think there is merit in this proposal, so I agree with the noble Lord, Lord Beamish. If the particular commissioner is successful and executes their duties effectively, why should they not be able to hold that appointment for two full terms of five years? You would get a proper continuation as a result of a slightly extended period. I do not quite understand the two-year extension; it seems neither one thing nor the other. I look forward to the Minister’s response.