Localism Bill

Lord Lucas Excerpts

Wednesday 14th September 2011 Lords Chamber

[Lord Filkin]

My Lords, like the noble Lord, Lord Bichard, and my other co-supporters of this group of amendments, I think we are pleased with the way in which this House has approached these issues. We have done so as far as we possibly could on a non-party basis, and that is why there are signatories to the amendments from all four corners. For obvious reasons, public standards matter too much simply to be treated as a party-political football issue. What is also remarkable is the depth of support that has been shown by local government for these amendments. The argument was put to me that local government want the changes being brought forward in the Bill. All I can say to that is: how is it that three of the four Local Government Association party-political groups have expressed explicit support for these amendments? Every single one of the major local authority professional bodies supports these amendments, as has the Law Society. It is almost inconceivable that such a strong coalition of support should arise for what to some would seem to be such an arcane and specialised issue.

The Government are not foolish and they can see what is at risk if these issues are put to a vote. Wise Ministers in this House always listen and are flexible, and therefore as a result of conversations that took place perhaps slightly late—but they did happen so we are grateful for that—there has been, as you can sense by the mood and the number of noble Lords in the Chamber, a willingness on both sides to move away from adversarial politics towards a proper process of seeking to try to improve the Bill and achieve the objectives that I believe most people wish for it. I thank Ministers for that and look forward to the response.

I would not normally go further because for obvious reasons it is bad manners to shoot people’s foxes, but I need to give a little hint of what I have total confidence the noble Lord, Lord Taylor, is going to say. I do so because it bears explicitly on the issue that I want to do no more than signpost at this stage. A good standards regime requires four things. First, it requires some very clear principled and comprehensible standards. Nolan and his work gave us the foundation for so many codes in public life; we would be mad if we moved away from that. Most of us believe that such standards ought to be universal, albeit leaving the freedom to make local additions, but not subtractions, from those fundamentals. You need an appropriate process for addressing these issues. Clearly there is room for considerable debate and probably an improvement on the current systems. You then need appropriate sanctions, which is what I shall talk to. Lastly, if you have any significant sanctions, ECHR will say that you need some sort of light-touch and proportionate appeals process so that fairness can be seen to be done. Those are the four elements of an effective sanctions regime.

Let me test the patience of the House for a short while by talking about sanctions. One of the most surprising issues in the Bill is that it introduces a criminal sanction, when there has never been an explicit criminal sanction over and above how the criminal law already sits. I have looked high and low to find strong, genuine supporters for this. I have found only one I am certain of, and I will not mention who that is. I wondered why it was seen as so important that there was such a strong sanction—a criminal sanction—introduced, when nobody else seemed to think it was necessary.

I think it may go back to the wish energetically to sweep away as much as possible of the architecture and process, which may have become slightly baroque as a consequence of the years, and not to preserve even, to torture my analogy, some Romanesque purity underneath. One can envisage that a wish to get rid of any national code, and to leave local authorities totally free to decide whether they had a code or not—you could hardly make it up—would perhaps be seen as a step too far, and completely unwise, unless there was some signal that the Government were serious about this issue. Enter the criminal sanction.

But the criminal sanction is no longer needed. The noble Lord, Lord Bichard, explained why it was inappropriate and ineffective, because it did not bear down on some of the most serious potential issues. That should worry us all. But it is inappropriate now because of what I believe we will hear from the noble Lord, Lord Taylor. I believe we will hear a recognition that every local authority has to have a standards code, and every code must contain some mandatory elements. If he does say that, I think there will be general rejoicing around the House, and then we will work on the detail of what should be in the code, and who should make it. That is all good stuff. We will at least start from a point of sanity. It is surprising that one would actually celebrate the achievement of that, because to some of us it would seem to be the most blindingly obvious piece of common sense that you would not even spend five minutes arguing on. But putting that to one side, we are glad of where we are moving to rather than regretting where we have been.

If, then, every authority is to have a code, and to abide by at least some mandatory elements, why do we need a criminal sanction? The case for that has not been made. We need a criminal sanction because, as far as I can see—and I will have to probe on government Amendment 180 a little more, as this is in effect the first time we have seen these amendments, and I will raise a series of questions about that—it looks as though the Bill has removed all the other existing sanctions, apart from censure, that a local authority can have when it is applying a scrutiny process. Again, to some of us, who believe in localism, that seems to be strange, verging on bizarre.

Why would one not wish to have as much as possible resolved at the local level? It goes for good regulation and good government that, wherever you possibly can, you resolve issues locally. Therefore, a local authority must be able to retain the powers it currently has to sanction when, after a proper and fair process, a misdemeanour, large or small, has been found. If the existing sanctions are retained, the criminal sanction is not needed.

I would expect rejoicing around the House generally, that we could live without one more criminal act, particularly an unnecessary one. I will say no more on this for now, but will probe further on government Amendment 180. We do need to ensure that there are meaningful sanctions that operate at a local level fairly, so that, as much as possible, these issues can be dealt with sensibly and with a light touch in the locality. This is why we should restore the sanctions that local authorities currently have, when they have had a proper process against a complaint. I will come back, I fear, at government Amendment 180, on these other points.

[Lord Lucas]

My Lords, I am a thoroughgoing supporter of Amendment 175 and of the amendments proposed by the noble Earl, Lord Lytton. We will get parish councils which have great power and influence in their neighbourhood. Politics at that level get very personal and intricate. Unless we have a national set of standards, nobody will know where they are from one of a discussion to the next. Where the acceptable ends and where the unacceptable begins need to be made clear. I therefore have complete sympathy with Amendment 175. What we need beyond that I do not know. At the parish level, I am unconvinced that we need a lot more, because of the referendum process that we are going through in order to get local powers over planning, which will make everything very open and obvious. It may just be that we need the code and that we do not need a lot of mechanism for enforcement. However, I am very happy that discussions should take place, and I am sure that something sensible will emerge. I am delighted that the Government are taking such a supportive attitude to the amendments.

[Lord Tope]

My Lords, I added my name to the amendments so comprehensively and ably spoken to by the noble Lord, Lord Bichard, a little over three-quarters of an hour ago. The way in which the treatment of the issue has developed has been quite an object lesson in itself. As far as I am aware, it received little or no consideration in the other place. If I recall correctly, the only person in the Second Reading debate to devote their speech substantially to this issue was the noble Lord, Lord Filkin. It was at that point that I became very conscious that, in the midst of our general rejoicing at the proposed demise of the Standards Board for England, we were in grave danger of not thinking about what was going to be left later, which effectively was nothing: everything was going out—the baby and the bathwater.

When we got to Committee, we did not reach this issue until a Thursday evening, after the time when the Committee would normally have adjourned. I remember getting rather tired and emotional about such an important issue being addressed at such an hour. The noble Lord, Lord Beecham, who has known me for the best part of 30 years, is clearly astonished that I could ever get “tired and emotional”, but it sometimes happens late on a Thursday night, as it did on that occasion.