Housing: Leaseholder Deposit Protection
Debate between Baroness Hanham and Lord Lloyd of Berwick
Baroness Hanham
As I said before, this was not this Government's legislation. We helped with it and we went through it. In fact, I have been reminded that one of my amendments was agreed by this House in 2001, which is unusual. If the previous Government had wished to implement the Act and those clauses, they could have done so. We have not chosen or do not think that it is appropriate to do so.
Lord Lloyd of Berwick
An important new principle has just been announced. There are many reasons for not bringing things into force, which Parliament has passed, but surely one is not that the other side passed the legislation. Parliament passed the legislation and the Minister is saying that she does not like it.
Baroness Hanham
My Lords, I am saying that this was not this Government’s legislation. The noble and learned Lord is wise enough to know that after a change of Government the new Government will not necessarily take up all the issues or points that have been raised in what has been passed by Parliament.
Statues
Debate between Baroness Hanham and Lord Lloyd of Berwick
Baroness Hanham
My Lords, frankly, I am not sure how to answer that question, because I imagine the selection of the site was the responsibility either of the people who raised the subscription for the statue or, indeed, was dictated by the local authority. Where these statues are put is not a matter for government. It is something which we would approve, but it is not absolutely a matter in which we would have a direct influence in where they are sited. If that is not the correct answer, I will let my noble and learned friend know.
Lord Lloyd of Berwick
Does the noble Baroness agree that statues or monuments erected in or near Horse Guards Parade should, if possible, be reserved for those who have fought for their country?
Baroness Hanham
My Lords, that would seem to be a very sensible proposal and I shall make sure that it is recorded.
Local Government Bill [HL]
Debate between Baroness Hanham and Lord Lloyd of Berwick
Baroness Hanham
I thank my noble friend for his intervention. He is correct. A large number of questions were raised. As I said at the beginning, it was one of the most withering reports that I have read. I think that we should let it rest at that for the moment.
The question of judicial review was originally raised as a possibility by the Permanent Secretary when he was demanding categoric instructions to allow the unitaries to go forward. Judicial review became possible because they were orders, so it was a judgment not on a parliamentary decision, but on secondary legislation that arose from primary legislation. The judge was quite clear in what he said and has quashed the first article of the orders. The second article, which relates to the elections, has yet to be decided, and presumably will be so decided at the next hearing of the court on 5 July. How much of the Bill proceeds depends on what happens there, and we will move amendments accordingly.
Lord Lloyd of Berwick
Do I understand that the Minister accepts that if the orders are quashed, Clause 1(3), which revokes the orders, will be otiose? It may also be that Clause 2 will not be required, so one wonders how the Bill will have any real impact.
Baroness Hanham
The noble and learned Lord has raised a point that I knew I ought to have cleared up before. There is one aspect of Clause 1 that would still proceed. Clause 2 would become otiose and we would have to see how much was left to proceed with. I have been advised that, whatever happens, the Bill will have to proceed to the end now that it has started.
Local Government Bill [HL]
Debate between Baroness Hanham and Lord Lloyd of Berwick(13 years, 11 months ago)
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Lord Lloyd of Berwick
Is not the problem—I am not sure that the noble Baroness has dealt with it yet—that the advice given by the Public Bill Office was given, as I understand it, before it had seen the evidence to which the noble Lord, Lord Howarth, referred? If there is, as a result of that evidence, any real doubt—a prima facie case, or whatever you like to call it—the Bill ought to go the Examiners. That is perfectly clear.
Baroness Hanham
My Lords, my understanding is that the Public Bill Office has not changed its view as a result of that advice, and I intend to proceed on that basis. Before I sit down, I should make it clear that if the noble Lord decides to put his Motion to a vote, I will have no option but to ask the House to oppose it as, were he to succeed, it would delay the passage of the Bill and clarity for the future of the local authorities concerned, which need a decision.