Deregulation Bill
Debate between Baroness Eaton and Baroness Hanham(10 years ago)
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Baroness Hanham (Con)
My Lords, I have been mentioned a couple of times by my noble friend beside me, and I am very grateful to him for explaining the policies of the Royal Borough of Kensington and Chelsea on the use of parking moneys, and why our roads are so beautifully kept. I remind the Committee at this stage of my co-presidency of London Councils and my former membership of the Royal Borough of Kensington and Chelsea. I apologise to the noble Lord, Lord McKenzie, for the fact that I was rushing down from a Select Committee and was about three minutes late for the start of the debate.
I support what has been said about this being a local authority matter. If anybody who has been involved in local government knows anything about it, there are two things that really irritate residents. The first is planning and the second is parking. How parking is controlled and enforced is totally a matter for local authorities. Noble Lords know as well as I do that Westminster City Council has completely different parking regulations to those in Kensington and Chelsea. They were very difficult to cope with to start with, but everybody has not got used to the fact that you cannot just totally rely on the same things. They have different rules of enforcement, too. Kensington and Chelsea does not employ cameras for parking enforcement, while other councils do. Whose choice is it that that should happen? Why is not that the choice of the borough—how it enforces it? If you do not have cameras, you have to put people on the streets. I came across two today, and one was on a scooter with his little yellow hat on, while one was on his bike with his little yellow hat on. They were running up and down the road. You have to have a bigger army of those to keep up enforcement if you cannot use cameras.
Where is the mischief that has brought about this proposal? Who has been complaining about cameras for parking enforcement? Cameras are used for all sorts of things in our streets, some of them extremely helpful. Some cameras catch criminals and help to protect people who are walking up and down the street. Some provide for the traffic flows. It is very annoying being caught by a camera. I can declare that I was caught by one while sitting at a box junction a little while ago. I did not know that there was a camera there, and I was a bit stuck. I got a traffic fine, and rightly so, because what I was doing was against the law. I was not doing what the law said and hoping that I would get away with it, but I did not. That is because I was breaking the law, and when people go against the law on parking arrangements brought in by local councils, which decide on the parking restrictions, it is up to the local authority to enforce it themselves. That is particularly essential for major cities, where there are really tight areas for parking, as well as in small county towns, which are different to anywhere else.
My former position as a Minister in the DCLG leaves me in no other position than to say that I do not know at all why the department has set off down this road, and it would be a frightfully good thing if it got away from it.
Baroness Eaton (Con)
Unlike the noble Lord, Lord Tope, I am not an ex-councillor. I am not sure that it is a misfortune or fortune still to be an elected member of Bradford Metropolitan District Council. My ward has in it two large upper schools and a very large primary school. Because of the topography and the nature of the communities of Bradford, which noble Lords will know is a very large area, many children, however large or small, are brought by parents in cars. The ensuing chaos is something that you cannot believe. Not only is it chaotic and dangerous; it is also detrimental to economic growth in the area. When cars cause obstacles to vehicles passing through a community, it delays important business traffic and people choose not to open businesses in places where they cannot get quickly to their destination. If councils do not have the opportunity to use everything possible to control unsightly, difficult and inconsiderate parking, we will have even more chaos.
I could not agree more with all my colleagues on the Benches in front of me: it really should be a matter for local authorities to determine how this is dealt with, certainly not somebody who thinks that a zig-zag line outside a school is the only place where there is a problem. We even have situations, because of inconsiderate parking, in which emergency vehicles cannot get through at school times. This is therefore a step too far, which the Government should not be considering.
Local Audit and Accountability Bill [HL]
Debate between Baroness Eaton and Baroness Hanham(11 years, 4 months ago)
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Baroness Eaton
My Lords, I apologise for not being here at the beginning of the debate. An issue that concerns me about statutory notices being advertised in newspapers is that in some of our larger cities there are large communities that have no language to read a local newspaper. It can be very helpful when the council passes out information in appropriate languages, and I do not think that any of the debate we have had so far has given any indication of how this is to be communicated to very large sections of larger cities’ communities.
Baroness Hanham
My Lords, I thank my noble friend for her intervention. It is perfectly clear that in most cities, where there are large groups of ethnic minorities, they often have their own publications, and anyway I know that most councils are happy to ensure that information is available.
With regard to the review, as I have said, we accept the Communities and Local Government Select Committee’s recommendation that a review must be undertaken. I have no knowledge of the Local Government Chronicle’s information or where it got it from. I have pointed out that it is possible to have statutory notices considered under the Red Tape Challenge at the present time.
Local Audit and Accountability Bill [HL]
Debate between Baroness Eaton and Baroness Hanham(11 years, 4 months ago)
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Baroness Hanham
My Lords, my noble friend and the noble Lord, Lord McKenzie, raised several issues, seeking clarification about the auditor panel. I start by reminding noble Lords how the auditor panels will operate, and how we are moving to keep arrangements streamlined and flexible in terms of whom the auditor panel is made up of. First, I want to confirm what I said in Committee, that we do not expect these auditor panels to be large. We expect them to be quite small, probably three or five people at the most. This does not exclude members of the audit committee being members of the panel, as long as they are independent members. If the audit committee has an independent member, that member can be a member of the audit panel. I do not think that there would be anything to exclude them being chair of the panel, if that is required. It would not actually preclude a member of the opposition being chair of that panel. We can see that that is how they will be made up.
Other than that, they can appoint a completely separate auditor panel outside the audit committee regime. There again, they will have to make sure that the members of that panel are majority-independent. Again, that would not preclude any member of the local authority being part of it, even though they might be considered to have some relationship with what is going on because, by definition, they were a member of the council. None the less, we think that there might be some virtue in having a councillor or councillors on the auditor panel to help with the selection.
Amendment 10 goes back to our discussions on wider issues; that is, the assessment of the independence of auditor panel members beyond direct personal links to the audited authority. I hope that I have explained that we need them to be really independent. Some concern was expressed last time, a concern which I do not think the noble Lord raised this time, about significant business relationships. By any definition, a significant relationship with a local authority, particularly on a contractual basis, would preclude somebody being a member of the panel.
We do not want to make much more regulation, but I think that we need to look at giving some guidance about who can and cannot be on an auditor panel. We will do this as the regulations are considered later in the year.
Baroness Eaton
Can the Minister give a bit more information about the process of selection for independence? That would deal with the point made by the noble Lord, Lord Palmer, about political affiliations sometimes not being absolutely clear. Is there likely to be a clearly defined process for how local authorities select independence? Rather than their just saying, “That is an independent person; we’ll have them”, is there going to be due process?
Baroness Hanham
My Lords, local authorities have due process already, as the noble Baroness knows, on how to appoint people, panels, independent committees and standards boards where independent members are required. I would not want to tie this down too firmly, other than to say that they must be pretty clear that nobody on the panel has a connection with any firm that may be applying to do the audit. If they have a political affiliation that should be declared so that, before the auditor panel is set up, it is known if they have a particular affiliation. Apart from, as I have suggested, there perhaps being one councillor on the panel, it is pretty clear that people should have some experience of audit so that they know what an audit looks like and what they might be expected to do.
We do not rule out independent members possibly being a member of a political party but it is essential that that is known so that there is transparency about it. We would hope that not more than one person, who would probably be the person off the council, would be that member.
It will be essential for members of auditor panels to declare any wider interests, commercial as well as political, and any other interests that they might feel had any relevance. Those would need to be taken into account in an appointments process that the committee undertook. If members of the audit committee were making the appointment they would have to make a balanced judgment on the balance of the panel, aligned with what I have already said. If it is an external appointment it will have to go through an external appointments process.
I think that it is clear that there should be, and be seen to be, independence in the auditor panel. I think that it is clear that local authorities have experience of dealing with external appointments. Although I understand the concern that the panels could be “stuffed” with political appointees, I think that there has to be transparency as to who is appointed. If it were found that it was just a political panel, it might be very open to question.
Neighbourhood Planning (Referendums) Regulations 2012
Debate between Baroness Eaton and Baroness Hanham
Baroness Hanham
May I answer that question before we finish?
We consulted the independent Electoral Commission, which undertook a public consultation on the referendum questions set out in Schedule 1 and on the ballot papers. As a result, the Government have adopted the questions and the form of the ballot papers exactly as recommended by the commission. Provision has been made, if appropriate, for combining polls for neighbourhood planning referendums and elections. The decision on whether to combine polls is at the discretion of the counting officer in discussion with the returning and counting officers of any other polls.
We already have more than 200 front-runner communities taking forward the new neighbourhood planning powers. The Neighbourhood Planning (Referendums) Regulations provide for the final step in the process by ensuring that the wider community has the final say on whether the plans or orders come into legal force. The regulations set out the necessary rules for ensuring effective administration of such referendums, in which the electorate can have confidence. They follow a well tried practice and will help ensure efficient, effective and consistent administration of any neighbourhood planning referendum. I commend the regulations to the Committee.
Baroness Eaton
My Lords, I thank the noble Baroness for the clarity with which she presented the regulations. As your Lordships will be aware, councillors play a central role to facilitate, encourage and champion local people becoming involved in planning. The LGA, of which I am a vice-president, has consistently supported the principles of neighbourhood planning as a tool available to local authorities, but has also highlighted the unnecessary bureaucracy of the Localism Bill.
These concerns have not prevented the LGA from working very constructively alongside DCLG and member councils on more than 200 front-runner pilots to test out the neighbourhood planning approach. Throughout the passage of the Bill, the noble Lord, Lord Best, strongly argued that neighbourhood planning referendums would be wasteful, expensive and divisive. I agree with him and the LGA on this matter. With 241 clauses and 25 supporting schedules, the size of the Localism Bill is quite something. In keeping with that scale of detail, these regulations add a further 122 pages of prescription to the 38 pages of detail on neighbourhood planning already found in the Act. It is disappointing that the new regulations are so lengthy, indicating Whitehall’s control over the minutiae of how the localist agenda works on the ground.
What are the problems with referendums? The first is expense. Actions with Communities in Rural England estimates that the cost of parish polls will range from £300 to £8,000. In line with this figure, the LGA estimates that running a referendum on the neighbourhood plan will cost in the region of £5,000. In the current economic climate this level of public expenditure is a core reason why it can be argued that referendums should be avoided it unless they are expressly required by local people, whereupon the cost could be justified.
Secondly, the process is wasteful. Local referendums are time-consuming, complex and expensive. A referendum would be important where there was a local disagreement, but surely they should not be required as a result of national diktat.
Thirdly, local referendums can be divisive. Local experience has proved that community-led planning works most effectively when it is based on consensus building, consultation and discussion. It would be far more appropriate to hold referendums only as a last resort if consensus could not be reached through other means.
Schedule 1 to the regulations details the questions that should be asked in a referendum. While the questions are clear and accessible, by their nature they give communities an either/or option. This reinforces why a referendum is not the most appropriate tool for community decision-making on a neighbourhood plan that may deal with a number of issues. Confusion could easily occur where respondents agree with some but not all parts of a proposed plan.
It is crucial that neighbourhood planning is not considered as the only mechanism for community involvement but is presented as one of a range of measures sitting alongside tried and tested local approaches.
Localism Bill
Debate between Baroness Eaton and Baroness Hanham(13 years ago)
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Baroness Smith of Basildon
My Lords, I have a great deal of sympathy with the amendment of the noble Baroness, Lady Eaton. I declare an interest as a vice-president of the Local Government Association.
Before this legislation, I had never come across or heard the word “misinstalled”—it is a curious turn of phrase—but clearly if an alarm is misinstalled the idea of it being maintained at relatively regular intervals is of course the responsibility of the business holder in that company. That has to be undertaken. That is why this is a reasonable amendment.
The only question I have on that concerns the evidential burden. If the business owners had taken all reasonable steps to ensure that the alarm system was properly maintained, would any action be taken against the company which had failed to do so or would it be a matter for the business? There is a slight legal quagmire here, and although I am in no haste to make extra work for lawyers, I broadly support the amendment. It is entirely reasonable.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)
My Lords, I thank the noble Baroness, Lady Eaton, for tabling this amendment and I hope that she will not be too offended when I say that I am not going to accept it.
The fire and rescue services often raise the issue of the number of mobilisations to faulty fire alarms, perfectly reasonably, at non-domestic properties. We agree that this is a significant issue and we have addressed it in the Bill by proposing that, following local consultation, fire and rescue authorities will be able to recover their costs in cases of persistent false alarms in non-domestic premises where fire alarms have malfunctioned or have been misinstalled—I believe that is the word.
It is certainly true that some fire representatives support the amendment—indeed, the noble Baroness, Lady Eaton, laid out who they were—and want to widen the scope of the clause to cover a wider range of incidents. However, on the other side of the coin, there are others who do not agree with the amendment and are concerned that it is confusing and will lead to additional burdens.
It is vital that we keep charging provisions as straightforward as possible and do not create uncertainty for businesses or fire and rescue authorities which seek to recover their costs. If we were to widen the scope of the clause in this way, it would mean that the fire and rescue authority would have to provide evidence that a business had not properly maintained a piece of equipment. Going down this route could only open up a significant potential for challenge that would benefit neither businesses nor the fire and rescue sector. The Bill already allows for authorities to charge under a wide range of scenarios that can lead to malfunctions and the amendment would not add anything to that.
On that basis, I am not persuaded the amendment helps. It would not achieve its intended purpose in significantly widening the number of scenarios under which an authority could charge. Instead, it could unhelpfully complicate the Bill’s provisions as drafted and leave those extra provisions open to legal challenge. I hope with that explanation the noble Baroness will be willing to withdraw her amendment.
Baroness Eaton
I am grateful for the Minister’s response. The last thing I intended with my amendment was to complicate matters and to create an opportunity for more challenges. I am pleased to withdraw the amendment.