Lord Lemos (Lab)

I will happily write and discuss it further with noble Lords, but let us go forward on that basis. I thank the noble Lord, Lord Marks of Henley-on-Thames, for tabling Amendment 68, which seeks to probe the definition of “public authority” in line with the provisions of the legal duty of candour. The legal duty applies only in particular circumstances—when, to put it simply, something has gone wrong and there is already an inquiry or investigation under way. We have therefore applied it widely. The provisions in Chapter 2 on codes provide a more substantial ongoing requirement, in that bodies will need to maintain a comprehensive code of ethical conduct that covers how their employees must conduct themselves when going about their business. We have focused on the public sector as the Government have some control over these bodies. We consider it appropriate to set more substantive ongoing requirements that will deliver the change in culture that I think we all want to see as a consequence of this Bill. The noble Lord’s amendment would force all bodies which perform any public functions to adopt a code of ethical conduct and to apply the code even to functions which are entirely private. The Government will issue statutory guidance which will seek to provide clarity to public authorities on whether they fall within the scope of the Bill. We will deal with the question of subcontractors in a later group. Finally, government Amendments 15, 16, 141, 149 and 151 may be technical in nature but they are important for ensuring the consistency of decision-making in the coronial jurisdiction. On the question of impact assessments, we are publishing a new one this week on the changes that have been made to the Bill, and we will publish another one at Royal Assent.