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Localism Act 2011 (Consequential Amendments) Order 2012

My Lords, I am pleased to join two fellow north-easterners in the Minister and the noble Lord, Lord Shipley, in reviewing these revisions. I certainly endorse their commending the extension of the general power of competence to parish councils. I do, however, have questions about the detail of the proposals. I confine myself to the second instrument that the Minister proposes. My first question relates to the provision about the resolution, which will allow a council to proceed with the exercise of the general power. The council, having passed such a resolution, is able to continue to exercise that power until the next relevant annual meeting—even if, for example, it loses its clerk at some point during that period. I hesitate to say so, but parish councils do not have the highest reputation for stability in relationships between their own members or between members and clerks. They have been the source of vast numbers of complaints to the now abolished standards board. It is conceivable that a clerk, perhaps because of a disagreement or perhaps simply because he or she moves, leaves a parish council for the greater part of a four-year period. Yet the council could continue to exercise its general powers without the benefit of the kind of advice which, very sensibly, as the Minister outlined, can be secured through qualifications and training. Is it wise to allow for such a potentially long period? There is also a transitional provision safeguarding those who have to deal with the parish council in those circumstances. I understand this. The Explanatory Memorandum states that the provision would ensure that councils, "““do not lose the incentive to continue to meet the conditions once they have initially become eligible. It also provides certainty for third parties in their dealings with parish councils as to the extent of a particular council's powers””." That is the point. It would seem to apply to not just existing projects but new projects to which a parish council, in between the appointment of clerks or resolutions, might embark upon. Is it all that sensible to make that provision? On similar lines, the Explanatory Memorandum points out that if a council does not pass at the ““next relevant annual meeting””, for whatever reason, a resolution, either because it does not qualify through having a qualified clerk or because it changes its mind, an, "““activity that has been begun but not completed may be continued””." I can see the logic of that, but I wonder about the word ““completed””. Let us suppose, for example, that a parish council decides to undertake the maintenance of playing fields or provide a facility—it could be anything from a public convenience to meeting rooms or something of that kind. In that example, what does completing that project actually mean? If it is a contract, I can understand it; if it is not, I do not quite understand how it could be judged to be completed. Therefore, it would potentially seem that something could just continue indefinitely, even though the council has either become ineligible or does not pass a further resolution. There is a possibility for difficulties there. The Explanatory Memorandum says: "““The Government's expectation is that eligible parish councils will strive to fulfil the conditions at all times””." That is in the motherhood-and-apple-pie part of the Explanatory Memorandum. If anything, what do the Government have in mind, preferably in conjunction with the National Association of Local Councils, to see that that expectation is fulfilled? I would hope that the national association would be helpful in supporting the Government's expectation. Of course, not all councils are members of the national association; some have deliberately absented themselves from it, including some of the larger ones—unless they have rejoined since my time, when I was engaged with them on behalf of the LGA. So there is potentially an issue there as well. There are two other points on which I seek clarification of the present position, or on whether the Government might be interested in pursuing them. The first, in a sense following the point made by the noble Lord, Lord Shipley, is whether the general power extends to councils combining for particular purposes. Would the power extend to allowing two neighbouring parish councils to set up something jointly in the way that councils in, for example, Greater Manchester have come together to do things together across the piece, serving a wider area than the individual parish? I assume that it is intended, but it would be as well perhaps to have that on the record. The final question is whether the Government, through the good offices of the national association, would encourage peer review of parish councils. It does not have to be an elaborate process, but I think that it would be helpful. We have certainly found it very helpful in local government generally, as the noble Lord will confirm. Indeed, as we speak, our own authority is undergoing a process of peer review—that does not mean by Members of your Lordships' House; it means, of course, by other comparable authorities. If that could be encouraged, I think that it would be helpful to parish councils, their members and their clerks. Again, without seeking to impose any duty in that respect, it would be helpful if the Government could indicate that they thought it desirable and might enter into some discussions with the national association. There is one other matter that I need to raise. In the impact assessment for general powers of competence published with the Localism Bill—now, of course, the Localism Act—is the following passage: "““However, local authorities would continue to be obliged to follow the law of the land””." That is a perfectly straightforward statement. The impact assessment continues: "““As an example; our proposals will not enable local councillors to wage thermonuclear war due to existing preventative legislation including: the Nuclear Materials (Offences) Act 1983, the Nuclear Safeguards Act 2000 and the Environmental Permitting (England and Wales) Regulations 2010””." I seek an assurance from the Minister that those restrictions will also apply to parish councils, without which I really fear for the safety of the world.