Localism Bill

Baroness Byford Excerpts

Tuesday 5th July 2011 Lords Chamber

[Lord Shutt of Greetland]

I do not have it to hand, but I am pretty certain that they are to be published on 2 August. I think that that is the statutory date when the results of the consultation must be published so that people know what people have had to say, so that will be done.

[Baroness Byford]

Have those consultations finished, or are they ongoing?

[Lord Shutt of Greetland]

That formal consultation has now finished, but I am pretty certain that, bearing in mind that this is still going through your Lordships' House, other views will still be taken into account—but not in the formal consultation.

Localism Bill

Baroness Byford Excerpts

Tuesday 5th July 2011 Lords Chamber

[Lord Brooke of Sutton Mandeville]

My Lords, like my noble friend Lord Hodgson, this is my maiden speech on the Bill. I intend it to be generic rather than go into detail and I hope, therefore, to be brief. I regret the hour at which we are holding this debate, although my noble friend the Minister showed admirable initiative in opening it with the statement that she did. It is a pity that the noble Lord, Lord Cameron of Dillington, did not have the opportunity to paint the larger landscape before we started getting into the detail.

I am speaking in particular to Amendment 136ZD, in the names of my noble friends Lord Gardiner of Kimble and Lord Cathcart, to which the former spoke a little while ago. I express my admiration for their exercise in clarification. The instincts that underlie generosity to one’s community are the big society writ early. I was a London inner-city Member of Parliament for nearly a quarter of a century, and London is nothing if it is not a collection of villages where the instincts of the big society apply. I have in a recent debate identified in my own constituency Pimlico and Soho as model inner-city communities, if in different modes. I have, however, had an address in Wiltshire for half my life and these characteristics of the big society or, as Burke might put it, the small platoon society, are perhaps evidenced even more vividly in the countryside because of the way everyone knows everyone else and where the roots of families are at least as deep as those of parallel families in the cities, if not more so.

I pay warm tribute to those who give of their substance in rural areas and demonstrate their recognition of local need and to the imaginativeness of their responses. My one plea to my noble friend the Minister is that that generosity of spirit should not be unduly curtailed by the letter of the law, which can turn the landscape into briars and brambles which deter rather than welcome sensible development. I, in turn, have welcomed the amendment as being an insurance policy to support one’s desire to be helpful to the community rather than to ring one’s assets around with defences against hazard.

I end with the amendment of my noble friend Lord Hodgson and support his Amendment 136, though by placing it in line 19 of page 61, it means it offers late rather than early assistance in illuminating the first four lines of that page. It is the opposite of the example once set by a Polish Bishop who was visiting a parish in his diocese, an episode that could be helpful to many a parliamentarian. When greeted by the curate, the Bishop said, “When I visit parishes in my diocese, I am accustomed to be greeted by the sound of bells, and that has not happened today”. The curate said, “My lord, there are three reasons. The first is there are no bells”. “Pray go no further,” said the Bishop. Although my noble friend Lord Hodgson has placed his amendment quite far down on page 61, I still think it is an extremely valuable contribution to the Bill.

[Baroness Byford]

My Lords, I have waited very patiently because my name is not added to any of those amendments, but I support the amendments tabled by my noble friends. I will pick up on what the Minister said to us earlier. In some ways it was a shame that my noble friend Lord Cameron was not allowed to express his broader concerns on the whole of this section. My noble friend quite rightly said that the Government have it in mind to introduce a right of appeal, so clearly they recognise that the Bill, as currently laid down, is far from satisfactory, and that we will get a compensation scheme later. My question to the Minister is: how soon will we have sight of what a compensation scheme might be, or when will we know what right of appeal will be formally moved hopefully between now and Report?

I have a farm in Suffolk that is listed in my interests here, but in this particular context I have no interests that are particularly relevant to this. However, I was formerly one of the patrons of ViRSA, which the noble Lady, Baroness Thornton will recognise. We dealt for many years with post offices being squeezed and unable to make a living in support of their long-term well-being—we are talking here of sub-postmasters and sub-postmistresses. In his amendment, the noble Lord, Lord Cotter, clarified quite well the difficulties that we face with this Bill. Are we talking about the loss of a facility that is established within one’s own community, or are we in fact looking at a facility, such as a post office, that is also someone’s dwelling place? Those are two very different issues, and my noble friend, when she comes to wind up, might perhaps enlarge upon that because it is crucial that we know exactly where we stand. For example, in some areas that I know, post offices that have been under threat have managed to relocate into shops, churches, or wherever. Provided that we keep them, it is very good that they have been enabled to remain and be a vibrant part of that particular community. To me, therefore, there is a great difference between a particular service that is offered and the buildings in which it is set. This has been touched on, but I would like the Minister to address that particularly.

My noble friends also expressed concern about land, and to a certain extent about personal privacy, and about investigations that could be made under the proposals in this section of the Bill that would also worry me. We know only too well of investigations of things that are held on computer disks and things that get moved around. Some of this might not be well held in the public domain, to be honest. This is the balance that we have to get right in the Bill. I support the Bill. As I said earlier on, I am a great believer in localism in its truest sense and from the lowest level. Noble Lords who have not heard me say before will hear me say now that, at the parish level, whether in cities or in country areas, localism is most important.

To pick up on a point made earlier, within local councils, authorities or parishes, there will be different interpretations of how they want to proceed. Again, I would be glad if the Minister could reflect on that in her response.

Lastly, I am concerned—not from my point of view, because we have no interest in it—that that could well have an effect on the land value or the land market of people's private, individual holdings. I hope that the Government will reflect on that.

As I said at the beginning, I am very grateful to my noble friend Lady Hanham for her statement on inheritance and gifts between families and trusts and considering the question of the holding for a limited time if those assets are bid for. I cannot see any reason why you would bid if you are not going to buy. There is no logic.

[Lord Lucas]

Price.

[Baroness Byford]

As my noble friend says, it would be the price, but one is not going to bid for something unless one has the ultimate purpose of wanting to buy.

I, too, am sorry that we are discussing this very important part of the Bill at this time of night, but we are. I am grateful to all noble Lords who have spoken and seek clarification from the Minister on many of the points made, which I fear will make us rather late finishing tonight. I thank my noble friends for proposing their amendments, which I support.

[Lord Cameron of Dillington]

My Lords, I have had a note from the government Front Bench saying, “Do say what you wanted to say”, but I believe that it is far too late at this time of night for me to say what I wanted to say. Like all good bedtime stories, as in The Arabian Nights, I will leave the next episode until we meet again.

Localism Bill

Baroness Byford Excerpts

Tuesday 28th June 2011 Lords Chamber

[Lord Taylor of Holbeach]

My noble friend is not the only one to be pleased to have got the answer as quickly as that. Throughout the Bill noble Lords will discover that the residual powers vested in the Secretary of State are frequently to be able to modify the provisions of the Bill in the light of experience because, as noble Lords will know, it is intended that the provisions of the whole of the Localism Bill will indeed be subject to review under the terms of the Bill.

What I was going on to say was really by way of peroration. We will be debating amendments to Clause 47 when we meet again and they limit to some extent the number of referendums that may be held. Councils will be able to refuse to hold referendums on issues for which there is already a statutory process—a planning application and the right of appeal and issues such as planning or licensing applications. Repeat referendums may be refused if within four years of the original, and councils will have discretion to refuse if the costs of holding a referendum are disproportionate and above certain limits.

I hope that, taken in the context of the debate we have had this evening and future debates we are going to have on this subject and the approach of the Government, which is, indeed, to take note of the issues raised by noble Lords, my noble friend will feel free to withdraw his amendment.

[Baroness Byford]

Having listened very patiently, I have a very short question for the Minister. In his response he said that it obviously does not affect parish councils and I appreciate that it does not at this stage in the Bill. However, Clause 56 clearly does look at parish councils. I hope I am not too out of order—it is only a quickie—but will there be any trigger as to a percentage that would have to be considered for parish councils to able to hold a referendum? It is not clear; nothing is laid down in the Bill. I simply wonder, as we have been looking at the various percentages to trigger things, whether he has any information on that.

[Lord Taylor of Holbeach]

I am not able to give a specific answer to that. All I can say is that the noble Baroness will be aware of the current situation in respect of parish polls and we will be consulting on the parish regime and, no doubt, consulting the noble Earl, Lord Lytton, in particular.