Local Government (Review of Decisions) Bill

Lord Kennedy of Southwark Excerpts

Friday 27th February 2015 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, first, I thank the noble Baroness, Lady Eaton, for bringing this Bill before your Lordships’ House. I again declare an interest as an elected member of Lewisham Borough Council.

As the noble Baroness outlined, the Bill is intended to introduce a rapid right of appeal when a local authority proposes to prevent an event from being held or seeks to impose restrictions on events on health and safety grounds. It places on local authorities a requirement for a written justification when they refuse permission for an event to go ahead.

One of the great things about living in Lewisham is the number of festivals and celebrations that take place throughout the borough organised by different members of our community. They range from street parties—where local residents come together, arrange to have the road closed and enjoy each other’s company on a sunny Sunday afternoon—to our Croftmas and Hopfest events which take place at Christmas in Crofton Park and Honor Oak Park, the ward I represent on the council. Once or twice I have taken my turn to be Father Christmas for part of the day, and the most annoying thing for me is that the Santa suit usually fits without any need for extra padding or stuffing. Other events take place throughout the borough all year round. They celebrate our diversity, the creative arts that are developing locally and People’s Day which takes place every summer.

In Lewisham, we are also very lucky to have Blackheath in our borough and we are used to dealing with large events such as the start of the London Marathon, providing support for the Olympics Games and our fantastic free fireworks display every bonfire night, which is provided by the council, along with concerts and other major events throughout the year.

Local authorities have important responsibilities to ensure that events that are organised in their areas are safe for people to enjoy and comply with relevant legislation, which is there to make sure that people can attend events safely with their family and friends. In Brockley, we also have a small library in a telephone box—like the one referred to by the noble Baroness, Lady Eaton—on Lewisham Way. It is very popular and is used by everyone in the area. I, and I am sure many residents, would be very cross if anyone tried to take it away on any sort of grounds. I hope that it will stay for many years to come.

I am not in favour of an overzealous approach which is disproportionate to the event in question and just ruins people’s enjoyment and undermines the principle that people should be able to take part and enjoy events safely. A sensible, proportionate balance needs to be struck between protecting the health and safety of the public and also ensuring that the public can enjoy community and other events. I and the Opposition in your Lordships’ House welcome this Bill as a positive addition, a positive signal, to getting the balance right.

The provisions in the Bill that will require a local authority to put in writing the reasons for its decisions are most welcome. They are a welcome addition to the transparency of the decision-making process along with the review process for which the Bill also allows. A sound decision made by a local authority with good reasons will not be reviewed. If it is reviewed, it will only confirm what a wise decision was taken in the first place by the local authority.

I agree with the comments made by the noble Baroness, Lady Eaton, in respect of the ombudsman. It is only the disproportionate, over-the-top, over zealous and unjustifiable decisions that will find themselves being challenged and seriously questioned. Communities coming together and enjoying themselves at events, with the organisers having taken reasonable, proportionate precautions, is something that we can all support.

In conclusion, I wish the Bill well in its passage through your Lordships’ House. I hope that no amendments will be forthcoming, that we can dispense with the Committee and Report stages quickly and that the Bill will reach the statute book before Parliament is dissolved at the end of next month.