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Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Wednesday, 21 March 2012. It occurred during Debates on delegated legislation on Localism Act 2011 (Consequential Amendments) Order 2012.


Localism Act 2011 (Consequential Amendments) Order 2012

My Lords, I thank both noble Lords for their comments and their questions. With regard to the last point raised by the noble Lord, Lord Beecham, it would probably be proper that parish councils should be associated with those regulations as well. It conjures up all sorts of possible things that might happen, but it would be appropriate that they were covered. First, on the point raised by the noble Lord, Lord Shipley, regarding parish councils and their neighbouring area, the power would work only provided that they both had powers to do so. So in perhaps part of a parish, if the neighbourhood did not have that power because it either was not a parish council or it was not a neighbourhood forum, that would not work; but as long as it does have that power, they are able to and, indeed, ought to co-operate, because it seems very clear to me that that should be what is required. I thank the noble Lord, Lord Shipley, for his support on that point. With regard to what happens when the department of a clerk or one of the councils gives up, it is correct that they would be eligible and able to carry on using their power until the next election. That was the case also with the well-being power; there was always an assumption that they could continue. However, they will have to continue doing it under their own mandate to ensure that they do not breach any of the other laws. The order recognises that, if there are longer-term projects in train, they can carry on. The noble Lord asked, ““How long is a piece of string?””, and I take his point, but the string is as long as making sure that the project comes to a conclusion. It might be a contract; it might be that a council is deciding whether to make a playground or to ask for the listing of a piece of land; but they can properly do that and cannot be challenged for it. A council is eligible to complete a project for up to four years if that is the time between elections. I was asked about peer review. Peer review at the moment is voluntary, being carried out by the Local Government Association. With parish councils, I suspect that it would have to be with the co-operation of the National Association of Local Councils—I cannot see anything to stop that happening. As with other local authorities, peer review is often helpful and often produces some very useful results. However, there is no legislation to say that it should happen. If a council wishes to do it, and someone in the local associations feels that it is appropriate, it can happen.


Secondary information

Type
Proceeding contribution
Reference
736 c184-5GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Compensation Compulsory purchase Councillors Land Local government Powers Planning Staff Parish and town councils Standards Training
Legislation
Localism Act 2011 (Consequential Amendments) Order 2012
Link
View this Proceeding contribution on www.publications.parliament.uk