---

Local Government and Public Involvement in Health Bill

moved Amendment No. 115: 115: Clause 65, page 43, line 6, at end insert— ““( ) In section 35(1) of the Local Government Act 2000 (c. 22) (referendum following direction) omit the words ““which takes such form permitted by or under section 11 as may be specified in the direction””.”” The noble Baroness said: My Lords, I shall speak also to Amendment No. 116. I am not sure what force is left in Section 35 of the 2000 Act, which is the subject of these two amendments. The section provides that the Secretary of State can direct a local authority to hold a referendum on whether it should operate executive arrangements involving an executive—these are the words in issue—which, essentially, takes such form as he directs. The Government have taken away the mayor and council manager model and the House has deleted the directly elected executive model. Briefly, my point is that this seems to be yet another piece of central control. I should have commented—and possibly even did comment—on this seven years ago. However, looking through the 2000 Act and trying to find bits that needed to be filleted in connection with the long list of amendments which my noble friend moved at the start of this afternoon—the aim of which was essentially to try to provide for maximum choice—I stumbled over this. It felt like a bit of central direction, with which I was not happy, so, again, I thought that I would take advantage of Report to ask the Minister to justify the provision in Sections 35(1) and 36(1) in the context of the Government’s new arrangements. I beg to move.