Local Government Bill [Lords] — Local authority to decide whether to introduce executive arrangements — 4 Jul 2000

As amended in the Standing Committee, considered.

(2) This subsection applies to--

(a) section 49(1)(c) of the Environmental Protection Act 1990,

(b) section 2 of the Home Energy Conservation Act 1995,

(c) section 84(2)(b) of the Environment Act 1995,

(d) any other enactment (whenever passed or made) which--

(i) requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and

(ii) is specified in an order made by the Secretary of State under this subsection.

(3) The power under subsection (1) may be exercised in relation to--

(a) all local authorities in Wales,

(b) particular local authorities in Wales, or

(c) particular descriptions of local authority in Wales.

(4) The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers--

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

(6) An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.

(7) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).'.-- [Mr. Hanson.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael Lord):

With this it will be convenient to discuss the following: new clause 6-- Exercise of power under section 5 --

amend, repeal, revoke or disapply

The Government have established the central-local partnership, a regular and formal meeting of local government representatives and Ministers not only from my Department, but across Government. That is the proper vehicle through which the experiences of local authorities can be discussed and brought to the attention of the Secretary of State.--[ Official Report, Standing Committee A , 11 May 2000; c. 114.]

outside the radar of the DETR.

support a procedure that would allow authorities, by declaration, to state that all or some of their statutory plans were covered by their community strategy.

It was in that spirit that we tabled the amendments in Committee.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

I beg to move amendment No. 95, in page 1, line 18, after "anything", insert--

'including, subject to section 3(2), the raising of money.'.

The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).

it is perfectly legitimate for one to deal with an issue in a way not outlined in the community strategy.

to create legislation that deals with the real world and the way in which people act . . .--[ Official Report, Standing Committee A , 11 May 2000; c. 96.]

We would welcome assurance from the Minister that, if necessary, the Section 150 powers will be used to provide a temporary solution during the interim period while we await a Local Government Finance Bill.

there is a compelling and powerful argument that if a local authority is not obliged to provide a service, then it should be entitled to charge for it if it does.

The recovery of costs, or making a charge for services, will be important issues. We have concerns about the impact of this clause . . . We believe that councils need the assurance that they will be able to adopt suitable means of recovering their costs.

Action taken by a local authority outside its own boundaries shall only be undertaken with the consent of

local authorities will be able to supply goods and services to other bodies, provided that they are satisfied that that comes within the terms of the promotion of well-being. However, they will not be able to charge for them.--[ Official Report, Standing Committee A , 9 May 2000; c. 76.]

It being one hour and thirty minutes after the commencement of proceedings on the programme motion, Mr. Deputy Speaker, pursuant to Order [this day], put forthwith the Question already proposed from the Chair.

Amendment negatived.

Amendment made: No. 100, in page 4, line 17, at end insert--

'(4A) In exercising the power under subsection (1), the Secretary of State--

(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and

(b) must not make any provision--

(i) in relation to legislation made by the National Assembly for Wales, or

(ii) which has effect both in relation to Wales and in relation to any enactment to which section (Power to modify enactments concerning plans etc: Wales) (2) applies,

without the consent of the Assembly.

(4B) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.'.-- [Mr. Robert Ainsworth.]

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this it will be convenient to discuss the following: New clause 7-- Application for locally developed arrangements --

Whilst it is understandable that the government would not want to make regulations for 410 models it is the sheer diversity of local government that has led to the call for greater flexibility. The Government has stated their commitment to the operation of executives under any form of new arrangement. This amendment confirms that commitment. It does not provide for arrangements that do not include such an executive.

The Association remains of the belief that for some authorities, particularly smaller ones or those of a more rural nature, a separate executive is not necessarily the most appropriate way of achieving efficiency, accountability and transparency in decision taking. The LGA would support an amendment that provided for some authorities to apply to the Secretary of State to be able to introduce other models, which may not include a separate executive.

The Council was one of the first to go over to the cabinet system because the then leader, Lord Bassam, now a Junior Home Office Minister, wanted to pleased his close friends--

white, well-heeled people from social classes 1 and 2

The Association supports the removal of clause 9, which would have allowed authorities to "opt out" of Part II of the Bill without any consultation with local communities and their stakeholders.

Most major policy decisions in practice are not taken by the full council, its committees or subcommittees but elsewhere within the ruling group--where there is a majority group--or in consultation with the leadership of other groups where there is a minority administration or coalition . . . Formal authority may rest with the full council, or with the committee, but the real authority rests with individuals.

A concentration of decision making powers in small groups outside the formal arenas

Question put, That the clause be read a Second time:--

The House divided: Ayes 110, Noes 314.

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