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Proceeding contribution from Baroness Scott of Needham Market (Liberal Democrat) in the House of Lords on Thursday, 19 July 2007. It occurred during Debate on bill and Committee of the Whole House (HL) on Local Government and Public Involvement in Health Bill.


Local Government and Public Involvement in Health Bill

I am grateful to the Minister for agreeing to take a look at the grammar and for explaining the use of the word ““particular””, but the amendment about the five-year period is more substantive. It provides an opportunity to underline some of the points I made earlier in a debate on other amendments, and I am grateful to my noble friend Lord Greaves for highlighting once again that it is the question of process here that is causing us a problem. Sanctions and penalties are available to people because of the office they hold that would not be applied to anyone else. That is one area where there is a potential conflict with human rights legislation. I ask the Minister and her team to look at rulings in the European Court about the use of courts martial, for example. It ruled against the use of courts martial, on the basis that they provided a level of sanction against someone that would not be available if they were doing some other job and that the procedure used to arrive at the decision was rather less robust than normal legal process. I suggest that it is possible to interpret that ruling on the military as applicable to this situation. No one on these Benches, the Benches opposite or in local government wants convicted criminals standing for councillors. Nevertheless, there is a question of balance, and it goes back to my earlier point about natural justice. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 238ZJ and 238ZK not moved.] Clause 199 agreed to. Clauses 200, 201 and 202 agreed to.


Secondary information

Type
Proceeding contribution
Reference
694 c448-9 
Session
2006-07
Chamber / Committee
House of Lords chamber
Subjects
Staff Complaints Bullying Disclosure of information Appeals Crime Audit Accountancy Councillors Conduct Convictions Borrowing Disqualification Documents Ethics Local government Local government finance Members Private life Waste disposal Standards Wales Valuation Tribunal Service Valuation Tribunal for England Standards Board for England Monitoring officers
Legislation
Local Government and Public Involvement in Health Bill 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk