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Local Government and Public Involvement in Health Bill

My Lords, I am happy to respond to the noble Baroness’s invitation because we did have exchanges during the summer, but it is important to put this on the record. The amendment seeks to remove new Section 33O which Clause 64 inserts into the Local Government Act 2000. The amendment removes the requirement on local authorities operating mayoral or elected executive models to seek the written consent of the mayor or executive leader prior to any variation within their existing model of executive arrangements. Similar provisions already exist for mayors in secondary legislation made under the Local Government Act 2000. New Section 33O simply extends these provisions to elected executives and places them in the Act. I wrote to noble Lords on 1 October clarifying what the clause meant, and I set out that the written consent of mayors or elected executive leaders is needed only where a council is already operating one of those models and proposes a variation in relation to that current model—for example, changing the executive from seven to six members, which is a variation under new Section 33B. It does not mean that the written consent of mayors or elected leaders is needed to move to a different form of executive—for example, a move under new Section 33A. The effect of the amendment would be to enable an authority to make changes to the authority’s constitution, such as changes to the allocation of responsibility for functions as between the full council and the executive, without needing to ensure beforehand that the executive was content with this. We cannot accept the amendment because we believe it could undermine the stability and accountability of executives. I hope that with that explanation the noble Baroness is content that we have dealt with the problem that she thought the clause created and that she is now clear that it is perfectly sensible. I therefore hope that the noble Baroness will withdraw her amendment.