Levelling-up and Regeneration Bill

Debate between Lord Berkeley and Baroness Williams of Trafford

Report stage
Wednesday 6th September 2023 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I rise to speak to Amendment 199 in my name and that of the noble Lord, Lord Young of Cookham. I apologise to the House for not being here on Monday—another failed transport from the Isles of Scilly. I would have supported Amendment 191, in the name of the noble Lord, Lord Ravensdale, and Amendment 190, in the name of the noble Baroness, Lady Thornhill.

My amendment follows on from that in the name of the noble Lord, Lord Lansley—and other future comments, I think. It refers to cycling, walking and rights of way and their incorporation, or not, in development plans. We have heard quite a lot already about whether there is or should be a link between plans and strategies for housing, the economy and active travel. It is all getting quite complicated. I want to put the case for walking and cycling to be included in a way which actually works.

This amendment is supported by a long list of eminent organisations: the Bicycle Association, the Bikeability Trust, British Cycling, Cycling UK, Living Streets, the Ramblers, and Sustrans. It covers what we might call active travel in its widest sense—in the city, in the countryside, going to work and school, and for leisure. This very important issue needs to be addressed, partly so that we can encourage more environmentally friendly travel generally.

The noble Lord, Lord Lansley, mentioned the NPPF being a problem. It is a problem for that active travel group and for the Walking and Cycling Alliance, because in the Commons debate the Government suggested that the concern of that group would best be dealt with through the NPPF rather than through legislation. However, as I think the noble Lord referred to, the draft NPPF did not include any new policies on these issues and put it into the further-action box on sustainable transport and active travel. NPPFs have been around for some time, but they take an awfully long time to get through, probably for good reasons. Now is the time to try to find a better way of including these policies in the Bill, and I hope that the Minister, when she responds, will support the concept at least.

[Baroness Williams of Trafford (Con)]

Could I just remind noble Lords that we have a long day ahead of us and that this is Report?

[Lord Berkeley (Lab)]

I apologise to the House for that. The amendment aims to address the problem of local planning authorities unwittingly, and I think occasionally intentionally,

“frustrating a higher-tier authority’s aspirations for walking, cycling or rights of way networks”.

We must not forget the rights of way, because you cannot walk or cycle if rights of way get blocked. The problem is in not recording those network aspirations in authorities’ own development plans,

“thereby failing to safeguard land for those networks, to connect new development with existing networks and/or to secure developer contributions to implement or upgrade specific routes”.

I will give examples. It is probably worse with two-tier authorities. Where the local transport or highway authority, which is usually a county council or combined authority, is not the same body as the local planning authority, you can have this example, which Sustrans exposed. The alliance says that

“one part of a unitary authority commissioned Sustrans to assess the feasibility of re-opening a disused railway line as a walking and cycling route, yet another part of the same authority then gave permission for a housing development which blocked that disused railway line before Sustrans had completed the study. In another case, planning permission was granted by a local planning authority for development which adversely impacted a section of the National Cycle Network (which Sustrans manages), with planning officers unaware of the existence and importance of this walking, wheeling and cycling route”.

This is confusing for local authorities, especially when they are probably very short of resources, as many noble Lords have said on previous amendments. I think the Government believe that our concerns about lack of co-ordination would best be addressed through the NPPF, but that does not mention it, and it omits other things altogether. Unless we get something here that links granting planning permission with taking account of adequate provision for walking, cycling and rights of way, we are in trouble.

I will give one other example before I conclude. In a recent case in Chesterfield in Derbyshire, the local planning authority considered a housing development close to the town centre and railway station. The council officials pressed for the development to include walking and cycling routes to facilitate access to, from and through the development, and obviously to and from the station. However, when the committee was due to consider the application, the developer made a submission claiming that the walking and cycling routes would render the developments economically unviable, and the councillors accepted that view without really challenging it. I have cycled on many cycle routes that probably suffer from the same failure by a developer to provide a proper, sensible route, because it tried to persuade the planning authority that it would be all right on the night, and it is not always.

I hope that the Government will support this amendment. Active Travel England is involved in this, and I certainly welcome what it is planning to do. However, it will often be consulted only at a later stage, and it would be much better if the relevant authorities’ walking, cycling and rights of way network plans were clearly shown in development plans from the outset.

Domestic Premises (Electrical Safety Certificate) Bill [HL]

Debate between Lord Berkeley and Baroness Williams of Trafford

3rd reading
Wednesday 1st February 2023 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I have it on command from His Majesty the King to acquaint the House that His Majesty, having been informed of the purport of the Domestic Premises (Electrical Safety Certificate) Bill, has consented to place his interest, so far as it is affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

[Lord Berkeley (Lab)]

My Lords, I wonder whether the Minister could help us: why does His Majesty believe that it is necessary to give consent to this very important Bill so that, when he sells his properties in the private sector, he has to have an electrical certificate? Is it not time that we got rid of this ridiculous procedure of seeking the King’s consent?

[Baroness Williams of Trafford (Con)]

My Lords, the King’s consent is needed because Clauses 1 and 4 of the Domestic Premises (Electrical Safety Certificate) Bill may affect the interests of the Crown.

Civil Servants: Reduction in Numbers

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 15th June 2022 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the impact of reducing the number of civil servants by 10 per cent on the processing of applications by (1) the Passport Office, (2) the Driver and Vehicle Licensing Agency, and (3) UK Visas and Immigration.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, all departments have been asked to develop options for how we can return the number of civil servants to 2016 levels. As part of this work, departments have been asked to assess the impact of different options on the delivery of public services so that we can make informed decisions and focus resources on the right priorities. The work is ongoing in the Home Office and the Department for Transport.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer, but is she aware that at the DVLA delays have risen by 65% in the last year and that the waiting time for a new driving licence is now six months? It takes three hours for British passport holders to get through some of the passport checks at airports to get home and 10 weeks to get a new passport from HM Passport Office. It has taken three months and rising for a friend of mine trying to get a sponsorship scheme from the department of the noble Baroness for someone from Ukraine. Is there not one common thread here—bad management by a monopoly supplier of essential services? Does the Minister agree that, if a private company were providing these services, it would take on more staff to deal with the backlogs? Here we are reducing by 10%. Can she explain why?

[Baroness Williams of Trafford (Con)]

My Lords, there were quite a lot of questions there. I will try and deal with some of them, maybe starting from the noble Lord’s first question about driving licences. There are no delays to the online application process for driving licences. The only delay in the driving licence system is for those with additional medical needs, and I understand that was because the PCS union went on strike and that caused a delay. Almost 99% of passports are being delivered in the timeframe of 10 weeks. I cannot remember the noble Lord’s final question, but I think I have answered most of it.

Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 23rd February 2022 Lords Chamber

[Lord Berkeley (Lab)]

I am grateful to the Minister for her comprehensive response, but I did not quite understand what she said about the European Union and not applying to people. From my reading of the regulation—it is definitely a draft regulation— it does apply when carriers take people across frontiers. My worry is that, rather than carriers being subjected to the civil penalty regime as we have been discussing to and from the UK, they could have something that is more draconian, such as the removal of their licence to operate at all. If the Minister has not had discussions with the European Commission already, could she and her officials do so and try to make sure that we will not suffer unduly from what it might propose?

[Baroness Williams of Trafford (Con)]

I was under the impression that the noble Lord was talking about clandestine arrivals. They would not be classified as passengers. That is why I said that, if they are clandestine, the carrier would not know about them. I am thinking of the people who have clandestinely arrived through the Channel Tunnel and by other methods.

[Lord Berkeley (Lab)]

The definition that the Commission puts in its regulation will need studying. Those arrivals may be clandestine, or they may be something else. It may be just its attempt to deal with what it sees as a clandestine invasion from outside Europe —I do not know—but I am worried that if there are people who are seen to be illegally in one country for whatever reason and trying to get into another, the carriers will get caught by it.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

I do not think they will be, because these are not passengers; they are people who have clandestinely arrived and therefore are under the radar. However, I will study carefully what the noble Lord has said, particularly in regard to the regulation.

[Lord Berkeley (Lab)]

I beg leave to withdraw the amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Berkeley and Baroness Williams of Trafford

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 13th December 2021 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, keeping our roads safe is a key priority for the Government. Too many innocent road users are killed or injured by the reckless actions of a minority of selfish and uncaring drivers who simply do not understand or appreciate the responsibility that comes with holding a driving licence. We can and must do more to force home the message that holding a driving licence comes with a serious level of responsibility. If drivers are prepared to ignore their responsibility, we will use the law to ensure that they are removed from the roads.

We listened carefully to the passionate and well-informed opinions voiced by noble Lords during the Committee stage debates on road traffic offences. Against that background, we reflected with great care on what change we might make to the Bill to further the cause of road safety. Our deliberations have resulted in the Government tabling Amendment 58, which I am confident will improve road safety.

The amendment focuses on two of the most serious road traffic offences: causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. These cause untold grief to many families every year. Both involve a degree of recklessness that is completely unacceptable. Elsewhere in this Bill we are increasing the maximum sentence from 14 years to life for these offences.

This amendment reinforces the seriousness with which the Government regard these two offences by increasing the minimum period of disqualification from driving for anyone convicted of them. In the case of causing death by dangerous driving, the amendment increases the minimum period of disqualification from two years to five years. In the case of causing death by careless driving when under the influence of drink or drugs, the amendment also increases the minimum period of disqualification from two years to five years. But it also goes a step further in respect of this offence. The amendment maintains the existing principle of having a longer minimum period of disqualification for a repeat offence of causing death by careless driving when under the influence of drink or drugs, raising it from three years to six years.

I recognise that depriving a driver of his or her licence for at least five years is a substantial sanction, but when a driver causes the death of another person by driving dangerously or carelessly because of drink or drugs, I think we are fully justified in saying that those drivers should be taken off the road for a substantial period of time. This amendment should act as a serious deterrent for drivers—a warning that driving so dangerously or carelessly as to cause the death of another person is completely unacceptable and will have serious consequences, not only for personal liberty but for the ability to continue driving.

There will remain within the law an element of discretion for judges. They will be permitted to impose a disqualification that is less than the minimum period of five or six years, or not to impose a disqualification at all where there are special reasons for doing so. This allows judges to deal with the unique circumstances of any case before them, which is an important element of our judicial system.

A number of other road traffic-related amendments in this group put forward by the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson, raise important issues, but the nub of it is that the sponsors of these amendments want to see a wider review of road traffic legislation. I can advise noble Lords that the Department for Transport is currently scoping a call for evidence on changes to road traffic offences. I will say more when winding up, but, for now, I beg to move.

[Lord Berkeley (Lab)]

My Lords, I will speak to the various amendments in this group. I first thank the Minister for arranging two meetings with her colleagues, one in Transport and one in her department, which were very helpful in sharing our concerns—I am speaking from briefings from a large number of groups that are concerned about road safety generally. As a result, we reached some quite good conclusions about where things are going.

Amendment 58 is a good start, so I do not need to spend too long speaking to some of the other amendments. Although it is a welcome start, I also welcome the much wider review that the Minister mentioned. The issue with that review, which comes under my Amendment 65, is that it could cover an enormous scope of issues. We can all think of things about road safety that should be improved—the legislation and the penalties—and it covers some of the issues which will probably come up later today in considering other amendments. I am pleased that the review is starting in January, but I hope that the Minister will be able to say a little more about it. How long it will take? Who will be involved? Will the Government welcome input from people outside—from your Lordships’ House, from the other place and from other groups? Will a report be published with all the evidence? One hopes so.

If that is the case, the next thing, of course, is the legislation needed to implement those. Some of it may require primary legislation; some of it could perhaps be done by secondary legislation. But, again, that needs to be looked at. Perhaps when the Minister responds at the end of this grouping, she could give us a bit more detail about that. This is a good start, but there is still a long way to go.

I will speak very briefly, first on Amendment 63. We discussed “exceptional hardship” at some length in Committee. What worries me—it is worth repeating the statistics—is that 8,632 motorists are still permitted to drive despite having 12 or more points on their licence. I will not go into examples, but that indicates to me that something needs to be done. I do not know whether the Minister has considered it, but in advance of and separately from the review, would it be possible for Ministers to look again and consider revising or amending the sentencing advice to magistrates, so that this was tightened up a bit? I think she will agree that 8,000 such people driving around, having decided that having their car is essential to take their dog for a walk, is probably rather more than one would want to see.

Turning now to Amendment 64, on failure to stop and report, we got into quite a significant debate about that and the relationship between the circumstances and the penalties. What worries me is that, since 2017, the number of people convicted of this offence had gone up by 43% in four years. I do not know why that should be—maybe the Minister has some answers to that—but it indicates that failing to stop and report collisions is quite serious. We discussed in Committee whether that was due to more people having mobile phones or whatever, but this is another of those things I would ask her to look at in advance of the review. If she can, what timescale would that entail?

I think I have probably spoken enough about the review itself. We are grateful for the review. The list of issues I put in the amendment is just a sample, and I am sure many people will have many other things to put in. But if the Minister can give us some information about the scope, as well as the timescale and everything else, that would be extremely good.

I will now speak very briefly to the manuscript amendment I tabled this morning. I apologise for the late delivery of this, but it was due to a changed meeting with Network Rail that many of us thought would be a good idea to have before we tabled the amendment—it turned out that it did not happen. I put it to the Minister that she is aware that this is a serious problem. Network Rail’s figure is that there is an average of seven bridge bashes a day—I repeat, seven a day—across the whole network. Some are not serious, but some could derail a train, and I do not want to go into what might happen there.

I have got as far as coming up with a long list of possible solutions, which I will not spend too much time on, and this is something that needs looking at. One of them is to allow local authorities to prosecute lorries for contravening the height regulations. They can prosecute for contravening weight regulations at the moment, so why could they not do height ones as well? I think it just needs a small change to the regulations. Traffic commissioners could be asked to remove the licences of drivers of vehicles that contravene. Obviously, the drivers and shippers could be prosecuted. The Government could require drivers’ apps—or whatever it is we put on our mobiles—to include the height of bridges; it could even include the height of the lorry, and an alarm could sound if it went wrong. You could erect those barriers we talked about last time, with the little electronic eyes.

Small Boats Incident in the Channel

Debate between Lord Berkeley and Baroness Williams of Trafford

Thursday 25th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Indeed; I might be conflating the debates I have taken part in today, but I did earlier mention the G7, which is a really important forum to bring international partners together. It has to be an international effort, because it is an international problem.

[Lord Berkeley (Lab)]

My Lords, this is a very sad day. We have discussed it before but, as the Minister has said, the traffickers will find whatever route they can to get people to this country if it suits them financially. We heard earlier about people being smuggled in trucks but that could restart all the way up and down the coast, not just in France but in Belgium and Holland. Of course, it could happen on small boats because on the north coast of France there are an enormous number of those, probably parked up for the winter, which could be used. We have a very long coastline along the south. I live in Cornwall and pay tribute to the coast-watch people, but they are out only in the daytime and it is very difficult to police. I hope that the Government will spread their watch over a much wider area.

[Baroness Williams of Trafford (Con)]

The noble Lord makes a really good point because, since the truck route has been severely curtailed, the small boat route has been much more obvious. Short of literally having patrols round the entire coastline, our agencies are very reliant on intelligence. That probably is, and will be, one of the most effective tools in our armoury—we were talking about it earlier in regard to France—when finding out where these people are, where they are coming from and where they are going to.

Terrorist Incident at Liverpool Women’s Hospital

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 17th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not know. I agree with the principle of what my noble friend says—it is pure humanity—but I do not know the details of what is going on in order to help the taxi driver to rebuild his life. I have seen things in the press this morning, but I could not comment on them because I do not know if they are correct. But that man is a hero.

[Lord Berkeley (Lab)]

My noble friend Lord Rosser asked about this report about the constituent parts of a homemade bomb. From my experience in the construction industry long ago, some of those bits and pieces are easily obtainable in the construction and agricultural industries. Could the Minister make sure that a copy of this report is put in the Library and sent to noble Lords who have spoken? It seems very important that there should be some control over these materials.

[Baroness Williams of Trafford (Con)]

The noble Lord is right. Certain parts of what could be used to make a bomb are now controlled under Home Office licence, as he will know. If I can, I will of course put a copy of the report in the Library.

Daniel Morgan Independent Panel Report

Debate between Lord Berkeley and Baroness Williams of Trafford

Tuesday 22nd June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

If I can, I will echo the words of my noble friend Lord Davies of Gower. As I said earlier, thousands of police officers patrol the streets of Greater London, putting themselves in danger and helping the lives of the members of the public whom they serve. The Home Secretary is looking into the institutional defensiveness that goes hand in glove with this report, but it is important to remember that we owe an absolute debt of gratitude to the thousands of police officers who keep us safe.

[Lord Berkeley (Lab) [V]]

My Lords, I pay tribute to the noble Baroness, Lady O’Loan, for achieving something incredibly difficult that has taken so long largely because she did not have the powers of the Inquiries Act 2005. Can the Minister explain the issue of the Freemasons? The report says:

“The Panel has not seen evidence that Masonic channels were corruptly used in connection with either the commission of the murder or to subvert the police investigations.”


Of course, the Freemasons are very good at hiding everything, particularly from women, so the noble Baroness, Lady O’Loan, probably had a more difficult job, as would the Minister. Who is monitoring and enforcing what the police are doing? The police code of ethics may be better, but who is checking on it? I am afraid, on the evidence that I have seen, that I have to conclude that there is significant corruption in the Metropolitan Police.

[Baroness Williams of Trafford (Con)]

My Lords, I repeat, as the noble Lord said, that the panel is clear that it found no evidence that freemasonry had any effect on the investigations, and I refer noble Lords to the code of ethics. It might help the noble Lord to know that HMICFRS is currently undertaking a follow-up inspection of all forces’ counter-corruption and vetting capabilities. The Home Secretary has asked HMICFRS to ensure an urgent focus on the Metropolitan Police.

E-scooters

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 26th May 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I think doing that with the media present would be a recipe for disaster, particularly for some Members of either your Lordships’ House or the other place. But I agree with the noble Lord’s point that these things have to be well tested. He makes the point about Segways and those mono-wheels, which I think are incredibly dangerous. I agree with him.

[Lord Berkeley (Lab)]

I fear that the Government have lost the race now. I am told by cycling groups that there will be 1 million illegal e-scooters on the roads by the end of this year. Would it not be best to make them the same as e-bicycles in the concept and concentrate enforcement on their not going on pavements and on road traffic not speeding?

[Baroness Williams of Trafford (Con)]

All of what the noble Lord says is true. E-scooters are different from e-bikes in that you actually have to make some effort to propel the e-bike, whereas the e-scooter is self-propelling. I think they are here to stay, but at the heart of this is the safety of other people riding bikes or, indeed, driving cars, as well the as safety of pedestrians, particularly disabled ones, as my noble friend mentioned.

Extinction Rebellion: Prevent Programme

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 15th January 2020 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the decision by Counter Terrorism Policing South East to include Extinction Rebellion on a list of extremist ideologies to be referred to the Prevent programme.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, CT Policing South East is quoted categorically as saying that it does not classify Extinction Rebellion as an extremist organisation, and its inclusion in the document was an error of judgment. Extinction Rebellion is not considered an extremist group under the 2015 definition of extremism; the Home Secretary has been clear on this point.

[Lord Berkeley (Lab)]

I am grateful to the noble Baroness for that clarification, but of course the damage has been done. How can anyone, even if they make a mistake, consider a peaceful demonstration by thousands of people, mostly children—including some of my family—worried about the future of the planet as extremist ideology? I suggest that the Minister instead adds to a final list the climate change deniers and the oil companies funding them.

[Baroness Williams of Trafford]

My Lords, they too have their right to free speech in this country—a point that goes to the heart of the noble Lord’s original Question. CT Police South East was quick to say that it had made an error of judgment. People do make mistakes.

Asylum Seekers

Debate between Lord Berkeley and Baroness Williams of Trafford

Tuesday 15th May 2018 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, given the questionable reputation of the Home Office on these issues going back many years, many of us would question whether its review of procedures that the Minister mentioned will be independent. Would it not be better if a more independent body did these reviews, maybe including Her Majesty’s inspectorate?

[Baroness Williams of Trafford]

That is a very apposite question. In fact, we will work with HMIP to scrutinise, first, what happened and, secondly, how things can be improved.

Brexit: Border Control

Debate between Lord Berkeley and Baroness Williams of Trafford

Thursday 29th March 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, what this Government want when we exit the European Union is for there to be a smooth process at the border. The noble Lord is absolutely right to mention the e-gates because they have been a great innovation and demonstrate how technology is so helpful at the border, saving customers a huge amount of time. Obviously, the Government want to see a smooth process at the border.

[Lord Berkeley (Lab)]

My Lords, the Minister keeps on mentioning the word “technology” in relation to border controls, but when will she make the existing biometric machines work, because whenever I go through at least 50% of them are broken or closed? Surely, the first thing to do is to get the existing system working properly.

[Baroness Williams of Trafford]

My Lords, I for one find the e-gates very useful indeed. In fact, they are exceptionally good at detecting face against passport at the border. I am sorry if some of them are closed, but sometimes an assessment is made of the throughput of traffic and gates are opened and closed accordingly. However, I cannot speak for the ones that are broken.

Northern Powerhouse: Lancashire

Debate between Lord Berkeley and Baroness Williams of Trafford

Wednesday 14th October 2015 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I do not think it would be logistically possible to do them all at the same time, given the passage of the hybrid Bills through the House of Commons. However, the Government, and certainly the localities the noble Lord speaks about, would say that they are all important and complement each other, and that local, regional and national transport—in terms of HS2—all add to their economic strength. To take a very local example, the investment in the Metrolink from Wythenshawe to Manchester Airport has opened up a whole new jobs market in an area of high employment need.

[Lord Berkeley (Lab)]

My Lords, the Government are trying to demonstrate that the northern powerhouse balances the City of London in investment and so on. When is it going to get enough new and longer trains to reduce the dramatic congestion during the rush hour in many cities such as Manchester and Leeds, and to reduce journey times between these cities?

[Baroness Williams of Trafford]

The new, unpaused trans-Pennine electrification will hopefully do just that. I know that the noble Lord and I share a particular interest in this issue, and he will be very pleased to hear that the Pacer trains are going.

Cities and Local Government Devolution Bill [HL]

Debate between Lord Berkeley and Baroness Williams of Trafford

Monday 29th June 2015 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

My Lords, these amendments seek to introduce into the Bill new clauses that would place on combined authorities prescriptions and requirements about how they exercise certain powers which may be conferred upon them.

Amendments 44DA and 44DB place requirements on how a combined authority which has been given the full general power of competence through the provisions of Clause 9 of the Bill is to exercise these powers. These requirements are about having regard to certain matters and having to undertake consultation with various specified authorities and other bodies. The intention of new Section 113D, which Clause 9 inserts into the Local Democracy, Economic Development and Construction Act 2009, is to allow the same power of general competence that is available to local authorities to be conferred on combined authorities. The purpose of such a general power is to give the authority concerned the same scope and freedom of action as is available to any individual, such as you or me, subject to any specific legislative restraints applying to that authority.

To seek to prescribe to combined authorities how they should exercise this power would seem to be contrary to the essence of the general power of competence. It would place combined authorities in a more restrictive regime than that which applies to local authorities generally. There are no grounds for doing this in those situations where, as part of an agreed deal, it is considered right to give a combined authority the full general power of competence.

I recognise that these amendments appear to mirror some of the provisions that apply to the Greater London Authority. In the London context, the authority has the power to do anything which it considers will further any one or more of its principal purposes. In exercising this power the authority is required to have regard, for example, to its effect on the achievement of sustainable development in the UK and on the health of persons in Greater London. However, these specific powers which are given to the Greater London Authority are of a very different nature to the general power of competence, which, as I said, is the power for an authority to do anything which an individual can do, unless it is specifically prohibited. These are particular powers about promoting economic development and wealth creation in Greater London, promoting social development in Greater London and promoting the improvement of the environment in Greater London. It may be in a particular deal that similar powers are conferred on a combined authority, using the powers in the Bill under Clause 6.

Amendment 44DC provides that in preparing or revising any transport strategy a combined authority shall have regard to the health of persons in its area, the achievement of sustainable development in the UK and certain matters relating to national policies, international obligations and the available resources for that strategy. This amendment mirrors provisions which apply to the London mayor in respect of his general duties in relation to his strategies. However, such provisions are not appropriate to be included in an enabling Bill, which does not refer to any particular powers or duties a combined authority and its mayor may have. If, as part of a particular deal, a combined authority mayor is given a power similar to the Mayor of London’s in relation to certain strategies, then it may be right that, in the case of that combined authority, matters such as sustainable development and the health of the people in the area could be relevant considerations to be taken into account by the mayor when drawing up those strategies. The orders creating such an arrangement would be able to reflect this.

Whatever the importance of particular issues, and clearly the health of people in an area is of the utmost importance, it is not for this Bill to include either references to specific powers, or provisions which can relate only to specific powers. This is an enabling Bill and in our previous debates I have made very clear that the Bill is not a vehicle for setting out lists or descriptions of powers which may or may not form part of an agreed deal with particular areas. Accordingly, I hope the noble Lord will agree to withdraw his amendment.

[Lord Berkeley]

I am very grateful to the noble Baroness for her comprehensive explanation, which might be summed up with “good try”. As I said, it is a probing amendment. It has been an interesting debate, and I accept the comments of the noble Lord, Lord Deben, about the detail. The amendment was basically copied from a GLA Act, which seemed a good place to start, but he has made some very good points.

The noble Lord, Lord Teverson, reminded the Committee that we are still waiting for the Government’s strategy on cycling and walking, which came in earlier this year, and that will be good. My noble friend Lord McKenzie hit the nail on the head by saying that all this is fine but unless it is accompanied by funding—and, one could even add, an ability to raise funds locally—how important will it actually be? I will read the Minister’s comments with great interest. I may come back on this again, or I may not. I beg leave to withdraw the amendment.