Local Government Bill [Lords] — Access to information; background papers — 4 Jul 2000

(2) The terms "political group" and "leader" shall have the same meaning as in sections 15 and 16 of the Local Government and Housing Act 1989 and in regulations made under Schedule 1 to that Act.

(3) In the discharge of his duties each member of an overview or scrutiny committee of a local authority shall act independently of any party political interest.'.-- [Mr. Waterson.]

Brought up, and read the First time.

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

4 Jul 2000 : Column 237

banned from speaking to the press while they face disciplinary action after voting against the proposal to charge elderly and vulnerable people for home help services . . .

A Labour spokesman said no decision had been made yet but disciplinary action could include the withdrawal of the whip.

We, as a party, have already made it absolutely clear that no whip will be allowed on scrutiny committees.

It's only reasonable that the party expects adherence to policies agreed at group meetings.

Where the same officers are supporting both the executive and overview and scrutiny committees, there is the potential for conflict--overview and scrutiny committees will be questioning the executive's decisions which should be based on officer advice.

It being three hours 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.

Question negatived.

AMENDMENTS TO THE 1972 ACT

1.--(1) Section 2 of the Local Government Act 1972 (constitution of principal councils in England) is amended as follows.

2.--(1) Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.

(2) After subsection (1) there is inserted--

"(1A) Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors."

3.--(1) Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.

(2) After subsection (2) there is inserted--

"(3) This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."

4.--(1) Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.

(2) After subsection (1) there is inserted--

"(1A) Subsection (1)(b) does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."

5.--(1) Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.

(2) After paragraph 5 there is inserted--

"5A. Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive--

(a) the council shall consist of an elected mayor, a chairman and councillors,

(b) for any reference in paragraphs 2 to 5 above to 'mayor' (except in the expression 'deputy mayor') there is to be substituted 'chairman',

(c) for any reference in paragraph 5 above to "deputy mayor" there is to be substituted "vice-chairman".".'. -- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

Amendments made: No. 101, in page 9, line 1, leave out paragraph (b) and insert--

'( ) may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.'.

No. 102, in page 9, line 3, at beginning insert "Accordingly".-- [Mr. Robert Ainsworth.]

Amendments made: No. 103, in page 11, line 10, after "makes" insert "or has made".

No. 104, in page 11, line 11, leave out--

'at that or any subsequent time'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 105, in page 11, line 34, leave out "exercise" and insert "discharge".-- [Mr. Robert Ainsworth.]

Amendments made: No. 106, in page 12, line 23, leave out from "authority" to end of line 33 and insert--

'which satisfies the conditions in subsection (4),'.

No. 107, in page 12, line 34, at end insert--

'(4) A committee or sub-committee of a local authority satisfies the conditions in this subsection if--

(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and

(c) either or both of the conditions in subsection (5) are satisfied in relation to that part.

(5) Those conditions are--

(a) that the area of that part does not exceed two-fifths of the total area of the authority,

(b) that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.'-- [Mr. Robert Ainsworth.]

Amendment made: No. 108, in page 13, line 22, leave out "(3) and (4)" and insert "(3) to (5)".-- [Mr. Robert Ainsworth.]

Amendments made: No. 109, in page 14, line 34, leave out "and" and insert "or".

No. 110, in page 14, line 35, leave out "their inhabitants" and insert--

'the inhabitants of that area'.

No. 208, in page 16, line 3, at end insert--

'( ) A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.'.-- [Mr. Robert Ainsworth.]

(2) In subsection (2) the words "of the list, or" are omitted.'.-- [Ms Beverley Hughes.]

Brought up, and read the First time.

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: Government new clause 11-- Meetings and documents: notice etc.

the agenda of the executive be published in advance, together with all papers relating to items which are on the agenda for decision.

The Government is concerned, though, that a requirement to publish papers before a meeting might once again drive majority groups into private discussions outside the structures of the council and the purview of the overview and scrutiny committees.

the matters in respect of which the decision is to be taken . . . the name of the decision taker . . . by when the decision will be taken . . . who will be consulted . . . the means by which any such consultation is proposed to be undertaken . . . how, and by when, people should make representations to them . . . a list of the documents, other than documents that are [then] available only in draft form, submitted to the decision-taker for consideration in relation to the matter in respect of which the decision is to be taken.

Subject to regulation 4, a meeting of the executive of a local authority, or of a committee of such an executive, shall be held in public if it is a meeting at which consideration is to be given to a matter in relation to which a decision taken at the meeting would be a key decision.

Meetings of the cabinet or executive should be held in public when

(a) members are making a key decision, and

(b) members are not making a key decision.

If this is modern, why do all the good ol' boys love it so?

in the opinion of the decision taker--

is likely to result in

has a material effect beyond the internal workings of the local authority

has a significant effect on the authority.

We are now finding a Labour Government removing the rights Mrs. Thatcher gave us.

It being four and one-half hours 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.

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

The House divided: Ayes 326, Noes 124.

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