English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateBaroness Berridge
Main Page: Baroness Berridge (Conservative - Life peer)Department Debates - View all Baroness Berridge's debates with the Ministry of Housing, Communities and Local Government
(1 day, 16 hours ago)
Lords Chamber“Rutland | Rutland”” |
My Lords, Amendment 317 seeks to amend the Lieutenancies Act 1997 to ensure the continuation of Rutland as a ceremonial county with its own lord-lieutenant. I am grateful to the Minister for her email today relating to this matter, and for acknowledging
“the unique circumstances, given that Rutland’s ceremonial status derives from its reestablishment in 1997 as both a district and a county for its area”.
The local government reorganisation criteria automatically require Rutland to lose its county council status. That is perhaps not surprising, as it had at the last census a population of around 41,000. So yet again Rutland will disappear as a local government entity, and due to these unique circumstances the lord-lieutenancy will also disappear. The dissolution of Rutland County Council also ends the lord-lieutenancy of Rutland.
This is the second time in my lifetime that I have been involved in a campaign regarding Rutland’s status. Back in the 1990s it merely meant obtaining a Rutland passport. Yes, there was even talk of Rutland becoming like the Vatican, and Rutlanders delighted in sending photographs from far-flung places to the local newspaper showing off their Rutland passports—for example, outside the Sydney Opera House—as well, of course, as getting stamps from local shops, which was the real purpose.
I say this as it exhibits the level of local feeling that still exists. This led to the largest wet-signature petition in the 21st century, with 7,100 signatures presented to Mr Speaker in the other place by Alicia Kearns, the MP for Rutland and Stamford. I am grateful for the reassurance from the Minister that there are existing legislative powers, by which I believe she means Section 15 of the Local Government and Public Involvement in Health Act 2007, which will be utilised to ensure the continuation of the ceremonial status. However, reading the powers of the Secretary of State under Sections 7 and 10, which would be used to issue a dissolution order for Rutland County Council under this Bill, can the Minister guarantee to the people of Rutland that there will be no gap between such a dissolution of Rutland as a local government entity and its recreation as a lord-lieutenancy under Section 15?
From my reading of this Bill and that statute, it is eminently possible that we will end up with two sets of statutory instruments: one dealing with dissolution orders and then a later one under Section 15 dealing with the incidental provisions such as recreating Rutland. There could then be a gap between these two sets where there will be no lord-lieutenant for Rutland. If there is such a gap and therefore for that time no lord-lieutenant because of Rutland’s unique circumstances, which the Government have admitted, who would perform the functions of the lord-lieutenant? What if in the gap there was a potential royal visit to Rutland or the gap covered a time where there was consultation for honours such as OBEs? What if the gap is when there might be recommendations for royal garden party tickets or the personal delivery function of 100th birthday cards from the King?
Surely it is much better for His Majesty’s Government to play it safe and accept this amendment, which guarantees that there would be no gap. The amendment merely adds Rutland to the list of lord-lieutenancies in the 1997 Act so that whatever happens to Rutland County Council would have no effect on the lord-lieutenancy because it would be secured by this amendment. The amendment is a simpler, cheaper, quicker solution.
Rutland’s motto means much in little. There is much concern for the county’s ceremonial status and, sadly, if there is a gap in the lord-lieutenancy, as I have outlined, rather than the guarantee in Amendment 317, I fear that many—possibly thousands—of Rutlanders, who, as I say, would go to the lengths of issuing passports, might take it upon themselves to write to the King to check that they are not missing out on those lord-lieutenancy functions. I hope that even at this late hour, and late in this Bill, His Majesty’s Government might bring at Third Reading an acceptance of this amendment and give the people of Rutland the guarantee of their lord-lieutenancy.
My Lords, I am grateful to the noble Baroness, Lady Berridge, for pointing out the possibility of the gap. I have to confess that I had not fully understood that there was likely to be a gap between the two. I have been told that this matter would be satisfactorily resolved by the actions the Government were planning to take, so I hope very much that the Minister will be able to put our minds at rest here.
Although this amendment relates to Rutland and its status as a ceremonial county—and there is a specific set of circumstances around Rutland—there may be other ceremonial issues in other places which require action to be taken to ensure there is continuity. Does the Minister agree that the point made by the noble Baroness, Lady Berridge, that there should be no gap in status, has to be addressed at one and the same time?
My Lords, I am grateful to the noble Baroness, Lady Berridge, for her amendment. One of the reasons I love local government is the variety of unique and special issues that we come across all the time, and this is one great example of that. I acknowledge Rutland’s unique circumstances, given that its ceremonial status derives from its 1997 unitarisation rather than from direct reference in the Lieutenancies Act 1997. However, there is no need for this amendment as Rutland’s current ceremonial status is not under threat and remains as it has been for the last 29 years. No change is needed to preserve Rutland’s lord-lieutenancy or ceremonial status as it stands.
This amendment is also not the solution with regard to preserving ceremonial status through the ongoing local government reorganisation programme, and I am happy to repeat the assurances already given on this matter. There are existing legislative powers, including those provided under sections of the Local Government and Public Involvement in Health Act 2007, that can be used to ensure the continuity of Rutland’s ceremonial status if necessary. The Secretary of State will consider using these powers following any decision he takes on proposals for local government reorganisation that affect Rutland, which are currently out for consultation.
I can reassure noble Lords that these provisions have previously been used successfully when there has been a change to a county during reorganisation, for example in Cumbria, to define the areas covered by a lord-lieutenancy. Should similar provision be needed for Rutland following any decision to reorganise local government in the area, its ceremonial position would be secured through secondary legislation. I can further reassure the noble Baroness that the Government intend the continuity of ceremonial arrangements and will ensure that Rutland retains its existing lord-lieutenant throughout the local government reorganisation process. With this explanation in mind, I hope the noble Baroness will feel able to withdraw her amendment.
I am grateful to the Minister for that assurance of continuity. I would have been grateful for clarity that there cannot be the possibility of two sets of statutory instruments, because that is where the possibility of a gap exists, but I am grateful for those reassurances. I hope that that is the situation for the people of Rutland, and I beg leave to withdraw the amendment.