Member

The noble Lord’s amendment would extend this provision to cover those acting on behalf of Ministers, but I can reassure him that this is not necessary. Anyone acting on behalf of Ministers will be working under their authority, meaning that accountability ultimately ends with Ministers. That accountability also means it would normally be the Minister who is at risk of becoming a shadow director. For example, the Secretary of State’s direction power, if used, would put her at considerable risk of being a shadow director, which is why she is exempted under the Bill. However, an official who was providing advice, suggestions or support would not be under the same risk.