---

Local Government and Public Involvement in Health Bill

My Lords, this has been a wonderful discussion, because it has highlighted absolutely without any doubt the problems that there have been over the way in which this has been implemented. Before there has been any legislation, and before anyone has had an opportunity to discuss the matter in detail, the proposals of the Bill have effectively been implemented, in a way that, as the noble Baroness, Lady Maddock, has pointed out, is causing endless difficulties. There must be some reason for going through legislation in both Houses. One of those reasons must be to iron out the wrinkles to see where the problems are likely to be and to listen to people who are going to have to implement the legislation. Because that has not happened here, we are now getting all the problems that we are seeing in Northumberland and all the other unitaries that are being considered by the Secretary of State at the moment. In each one of them, as we said earlier, there are problems. It seems to me that so much of this is happening because there has not been time to give proper thought to how this would be implemented and whether it should be implemented at all. The great question mark is whether any of this part of the Bill is of any value whatever. The removal of Clause 21 would be enormously helpful, because it would take away the rights and the powers of the Secretary of State to do what she has done, which is to start implementing legislation for which she has no authority. The Minister has said that she has used common-law powers. That is a fig leaf to hide behind when there is legislation coming forward that brings all of that in. The noble Baroness, Lady Maddock, has presented this absolutely perfectly. She has given all the reasons why this should not have been done in the way in which it has been done. She has given all the reasons why judicial review is going to be carried out on this and is being carried out already in relation to Cheshire, Shrewsbury and Congleton, and why no doubt it will happen in relation to other authorities as well. The processes have not been ironed out in Parliament—they have not been ironed out properly—and people are trying to implement them on the back of documents coming from the Government that we have had no chance to discuss or even consider. I will not press the amendment tonight, but I hope that the Minister will have understood from all that has been said that this process has been really lamentable. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 23 [Definitions for purposes of Chapter 1]: [Amendments Nos. 49 to 51 not moved.] Clause 33 [Resolution for whole-council elections: requirements]: