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Local Government and Public Involvement in Health Bill

moved Amendment No. 195A: 195A: Clause 134, page 94, line 12, at end insert— ““( ) Section 236 (procedure for byelaws) is amended as follows— (a) in subsections (3) and (3A) omit ““by the confirming authority””; (b) in subsection (4)— (i) for ““application for”” substitute ““the proposed””, and (ii) for the words ““apply for confirmation”” substitute ““confirm””; (c) in subsection (5) for ““application for”” substitute ““the proposed””; (d) in subsection (7)— (i) for ““the confirming authority”” substitute ““the authority by whom the byelaws are made””, (ii) for ““submitted”” substitute ““made””, and (iii) omit ““for confirmation””; (e) omit subsection (11).”” The noble Lord said: These amendments would require the Government to identify those local government by-law matters, across all government departments, on which the Secretary of State’s approval would be retained, and to devolve the rest. The amendments would also require the Government to regularly review those by-laws it wishes to retain, and the confirmation powers over them. The Government rightly propose to end the Department for Communities and Local Government’s confirmation for its local authority by-laws in the Bill. That is very welcome. This will enable local councils to respond more immediately to local needs, cut bureaucracy and modernise government processes. Councils have more understanding of what issues matter in their area and require by-laws than a central government Minister can possibly have. The Bill devolves to councils only by-laws confirmed by the Department for Communities and Local Government. Many local by-laws are controlled by other government departments, such as Defra, the Department for Transport, the DCMS and the Department of Health. We believe that government proposals to give councils control over by-laws under a procedure that does not require central government confirmation should be applied equally to local authority by-laws confirmed by other government departments. In Commons Committee, in response to the Local Government Association amendments on extending by-law devolution, the then local government Minister Phil Woolas confirmed that the Bill aims to allow the devolution of by-law-making powers to councils across the board and that other government departments are enthusiastic about handing powers to confirm by-laws to councils under this new procedure. The Minister said that regulations had already been prepared to allow by-laws for museums and libraries, which are the responsibility of the DCMS, and tattooing, which is the responsibility of the Department of Health, to be handed down to councils once the Bill is passed. However, in the Lords Committee, the Government were unable to confirm whether any local government by-laws beyond those controlled by the Department for Communities and Local Government would be devolved to local councils. The Minister said: "““We have taken this approach to ensure that the Government can retain their function of confirming certain types of by-laws where it is considered important to do so. That is why I cannot simply give a list, as the noble Lord, Lord Greaves—" who is not in his place today— "““asked. It will be appropriate for some departments not to be devolved in relation to by-laws and for others to be devolved””.—[Official Report, 17/7/07; col 227.]" We would like clarification from the Government on which by-laws they will devolve to councils under the alternative procedure set out in the Bill, which they will retain confirmation powers over and why. I understand that in conversation the noble Baroness, Lady Andrews, and the Department for Communities and Local Government have said that other departments are keen to devolve their by-laws. However, until we get a full list from the department of what is to happen, we believe that we should push this matter yet again to find out what the picture is. The amendment requires the Government specifically to list by-laws they wish to retain confirmation powers over and to devolve all other issues to councils. Furthermore, we would like the Government to review their confirmation powers regularly to ensure that they continue to devolve by-laws to councils to give them the responsibility that they should exercise properly in respect of local problems. For communities and their representatives to have comprehensive control of behaviour and rules in their localities, they need to have control over by-law-making powers which are at present controlled by government departments other than the department that is promoting the Bill. For example, the Bill does not currently enable the devolution of by-laws that regulate the use of taxis, walkways and horse-drawn omnibuses—of all things—which are Department for Transport matters; guided transport systems other than railways, countryside recreation and local nature reserves, which are Defra matters; public libraries, which are DCMS matters; or acupuncture, piercing and tattooing, which are Department of Health matters. There is no good reason for treating these by-laws differently from those that have been confirmed by the Department for Communities and Local Government, which it proposes to cede to local government. Matters appear to be held in what I can only call a limbo of departmental indecision or, worse still possibly, a limbo of ministerial indecision. Can the Minister offer us any encouragement about whether these matters are to be clarified, and, if so, what sort of timescales they are looking at for action? I beg to move.