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Localism Bill 2010-12

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Letter dated 05/09/2011 from Baroness Hanham to Deposited Papers Clerk regarding deposited paper for the House of Lords Library. Incl annex: Local Government Group draft statement of policy on EU fines. 14 p.

Type
Deposited papers
Date
5 September 2011
Reference
DEP2011-1398
House
House of Lords

I. Letter dated 09/08/2011 from Baroness Hanham to Deposited Papers Clerk regarding deposited paper for the House of Lords Library. 1 p. II. Letter dated 11/07/2011 from Baroness Hanham to Lord Wigley regarding Localism Bill: general power of competence - clarification of points raised in Committee. 2 p.

Deposited by
Department for Communities and Local Government
Type
Deposited papers
Date
9 August 2011
Reference
DEP2011-1382
House
House of Lords

I did not give notice of my intention to ask a question about Clause 4, but I have listened to the discussion on the previous group of amendments with some interest. Clause 4(1) gives me a certain amount of anxiety. The provision describes, "““power on a local authority to do...

Member
Lord Jenkin of Roding (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1087
House
House of Lords

My Lords, I will try to be a little more helpful. Part of the answer is that the Government believe that a local authority service should not make a surplus year on year. I think that that was one of the points raised earlier. By providing a power to charge...

Member
Baroness Hanham (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

Before my noble friend responds, the crucial question that comes to mind is this: if the provision as it is in the Bill is passed, does it change the existing situation?

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

The existing situation is that current legislation limits what can be done, and this continues to limit it. Under the general power, if it is not restricted by current legislation, then it is permissive.

Member
Baroness Hanham (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1087
House
House of Lords

I am grateful to the Minister for her offer to write, which it is hoped will clarify the situation. I might suggest that if we are all struggling a bit with what is in the Bill, perhaps the drafting is not as clear as it should be, and that is...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1087
House
House of Lords

My Lords, the answer to that will have to come in a note, I am afraid, because I am not clear about the relationship between the two. I will make sure that my noble friend has a reply to her questions so that she may return to the point on...

Member
Baroness Hanham (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

My Lords, I am grateful to the Minister for her answer, but I am bound to say that I am not any the wiser than before. I have used leisure services as an example since it happens to be one for which I am responsible, but perhaps it was the...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

Perhaps the noble Lord could offer the Minister the example of a meals on wheels service that an authority might provide instead of, say, leisure services.

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

Indeed, I am happy to offer the Minister the example of a meals on wheels service, which has just come to mind as possibly a more appropriate example. I would be grateful if she could elucidate a little more because I see that I am not the only noble Lord...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1086
House
House of Lords

My Lords, I support my noble friend’s amendment, because it goes to the heart of the fundamental issue of how our body politic and administrative systems work. The amendment essentially sets out what we want to do in a Bill called the Localism Bill, before we discuss how to do...

Member
Lord Taylor of Goss Moor (Liberal Democrat)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1052-3
House
House of Lords

29: Clause 9, page 8, leave out lines 33 to 41

Member
Baroness Smith of Basildon (Labour)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1128
House
House of Lords

I am grateful to the noble Lord for clarifying that, but in fact there are some amendments, that take several pages right out, that were intended to remove this whole part of the Bill.

Member
Lord Jenkin of Roding (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1142
House
House of Lords

My Lords, I would have to get an answer to that for the noble Lord. I am not sure. This specifically refers to the general power. I think that it might be different for neighbourhood planning where there is a parish council, but I would like to be sure. Perhaps...

Member
Baroness Hanham (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1127
House
House of Lords

I would not say that it is a better definition, but I would accept it as an additional definition. However, the spirit is shared across the Chamber. The key to the noble Lord’s amendment is surely the emphasis on representative local democracy. That is what local government is and must...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1058-9
House
House of Lords

My Lords, I do not think that it is necessary for me to answer that. We are talking about a general power of competence; the less fettered it is, the better. It may be that individual actions have not been challenged, although at times of international disasters, when suggestions have...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1066
House
House of Lords

My Lords, of course we expect councils to act in the best interests of the communities that they serve, but we do not believe that it is for the Government to dictate what that means. Local authorities are, as we know, accountable through the ballot box and the other provisions...

Member
Baroness Hanham (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1067-8
House
House of Lords

Localism Bill. Lords committee stage first day. Clauses 1 to 11 agreed to. Schedule 1 agreed to.

Department
Department for Communities and Local Government
Type
Committee of the Whole House (HL); Debates on bills
Date
20 June 2011
Reference
728 c1045-1100, c1122-44
House
House of Lords

My Lords, I welcome the comment of my noble friend Lord Jenkin that the good points made by the noble Lord, Lord Greaves, should be incorporated in the Bill. However, I do not really see the point of putting them in an amendment, although they are extremely important and should...

Member
Lord Plumb (Conservative)
Type
Proceeding contributions
Date
20 June 2011
Reference
728 c1052
House
House of Lords