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Local Government and Public Involvement in Health Bill

My Lords, I agree with the noble Baroness, Lady Hanham; it has been a delightful short debate. The Cinque Ports could not have a more distinguished or powerful group of champions and advocates. I am impressed by the personal associations, especially that of the noble Lord, Lord Imbert, who gave us his personal history, and the loyalty which the Cinque Ports command from their residents and supporters. As the noble Baroness, Lady Hanham, said, it is a great honour to be able both to receive and award these distinctions. It is a very important part of our history and traditions and we are not in any way diminishing that. I have some disappointing news, but I can also hold out the prospect of some positive news as I respond to the noble Lord. We have, as he knows, given his amendment serious consideration, but we are unable to include it in the Bill for practical reasons. He referred to the pressures on the Bill and spoke about the direction that it had taken in terms of its major function, the improvement of public services. That is certainly one barrier. A greater barrier, however, is that the issue is not as straightforward as it first appears. Our principal concern is that the power to grant such privileges is usually conferred on a local authority, but some of the Cinque Ports are not local government entities; in particular, Winchelsea is currently not a local government area. It is therefore not clear on whom the power to admit freemen would be conferred. Resolving the question will require serious discussion with a variety of local partners about who is best placed to take on the role of admitting freemen. Any legislative solution will need to include a suitable definition of the ports that are compatible with current local government legislation. We need also to consider whether extending this power to admit freemen has implications as a precedent for other areas. I am absolutely willing to see whether there are ways around these difficulties. There may well be, such as by conferring powers on charter trustees, as suggested by the noble Lord’s amendment. This will need to be explored further. We also know, for the reasons set out by the noble Lord, Lord Imbert, that the Cinque Ports are the subject of very old legislation and customs. The very age and uncertainty of the legislative framework means that any amendment to rights and privileges is complicated. We need time to consider the issues properly, but that time is not available to us now. I have every sympathy with the wishes of the confederation. As I said, it is important that we maintain our most ancient and historic local traditions. I regret that the ability to honour eminent citizens has been lost to the historic ports and towns in the confederation, although I understand that Hastings may still confer the honour. The noble Lord will know that I am keen to do whatever I can to help him meet his aims and the aims of the confederation. We have already done some work in the department—which is why we know how much more there is to be done—on how best this might be achieved. My officials will be in touch with the confederation, if they have not done so already, so that as a first step we can get a real understanding of the issues and help prepare for what may be a more suitable legislative opportunity. I hold out that prospect to the noble Lord. The Government are certainly sympathetic and will be prepared to do some work with the confederation on this. I hope that, for the moment, he will withdraw his amendment.