Localism Bill

Lord Taylor of Goss Moor Excerpts

Thursday 30th June 2011 Lords Chamber

[Lord True]

My Lords, on this point there is of course a fundamental difference between how parishes are viewed inside and outside urban areas. I understand all the misgivings as far as rural parishes are concerned and do not wish to follow along that line, but it would perhaps not be wise to add my noble friend's suggestion to the Bill. I point out that in the recent referendum in my own authority which I referred to, the area chosen for it was in fact the boundary of a parish because that ran across more than one ward. It is not right to write that into statute but it reinforces the point that I and other noble Lords made earlier: that some power to enable local authorities to define an area, which might or might not be a parish, would be a useful broad, localist and permissive power. I would not favour writing it into the Bill in this way but it may be one of the instruments and measures that a local authority ought to be allowed to choose other than a ward.

[Lord Taylor of Goss Moor]

My Lords, I have a particular interest in this amendment because parishes in many rural communities are far more relevant than local authority or council boundaries. They are not only historic but often relate to particular communities in a way that local authority wards do not, certainly in my part of the country. That is because wards are driven by numbers, not by community. This seems a good and proper issue to raise. There is of course already the power for parishes to call their own referendums, so the query might be whether this is necessary because, if a community wanted it, one might argue that there is provision for it already.

However, the legislation here is making reference to particular issues relating to local authorities. Frankly, I therefore see more relevance to allowing a power in relation to a parish as a community than to having specific reference to the electoral division for the primary local authority. I would hope that the Minister can respond positively to the principle here, whatever the means might be to achieve it.

[Lord Taylor of Holbeach]

My Lords, I think that I can respond positively. I say to my noble friend and namesake that I do not know how big Goss Moor is, but Holbeach has a population of some 8,500 people in one parish. Some parishes are remarkably large and other parishes are remarkably small, so it is very difficult. One size, or system, fitting all is very difficult. There are provisions, of course, for a local referendum, or parish poll, under the provisions of the Local Government Act 1972, to which the noble Lord, Lord Taylor of Goss Moor, has referred.

The amendment would include parishes in the definition of a “relevant area” as that applies to a principal local authority. We do not think that this is appropriate, particularly because we are looking at how we might look at referendums at parish level in legislation within the Bill and as a result of a consultative process, as I said before. Indeed, I mentioned to the noble Earl, Lord Lytton, that I foresaw his organisation being very much involved in this consultative process.

Our approach to local referendums is to enable referendums on local matters at the relevant council area, but for the issue at hand. If it is a district council matter, or a matter over which the district council has influence, the referendum can be held at the district council level, whether it be across one or more wards of the district, or the entire area of the district council, but it is the district council that is the triggering authority for this poll, other than having a parish poll. If it is a parish matter, we believe that a parish poll is the most appropriate method. We will discuss our intended approach to parish council referendums later, and I can assure noble Lords that the parish sector will be fully catered for. We want to see a modernised and proportionate local referendums regime for parishes, on which we will fully consult. I hope, therefore, that with these assurances my noble friend will withdraw his amendment.

[Lord Greaves]

My difficulty is that I do not know what that regime might be, or even what the Government are talking about. Whether the Minister will give a little more information when we touch briefly on Clause 56 later, I do not know, but I will not talk about that now.

Let me just give one example. In the parish of Laneshaw Bridge, which is in Pendle in the ward of Boulsworth, a huge issue that has split the village is the question of whether the village school should be very considerably expanded to take in a much larger area than the village. The village was split. Nobody knows what the majority opinion in the village is; what we know is that there were campaigning groups on both sides. Yet a referendum within Boulsworth ward relating to that issue—which would be a classic and typical example of a referendum—would be irrelevant, because the village is only one fifth or so of the entire ward. The rest of the ward consists of another much larger village, another couple of larger villages in a different parish, in which I live, and part of the town of Colne. Having the referendum in that arbitrary area would be irrelevant to knowing what the people of Laneshaw Bridge think.

[Lord Taylor of Goss Moor]

I strongly support my noble friend on this. The issue is not whether the matter is one which lies with the local authority or with the parish—that is readily understood and, if it lies with the parish, the parish poll would suffice—but it may well be a matter which lies for decision with the local authority but only affects a small community. It is the nature of rural local authority wards that they often cover a number of communities, many of which would not be affected by the issue at hand, even though it is the local authority that is the decision taker. That is the issue that was not really responded to earlier.

[Lord Greaves]

I am grateful to my noble friend for making the point more strongly and better than I did. There is clearly an issue here and it is clearly one that will continue to be discussed. We look forward with interest to seeing the Government’s proposals for parishes, but the continuation of the point made by my noble friend Lord Taylor is: who pays for the referendum? If it is a district, county or unitary issue, surely that authority should pay for the referendum and the cost of it should not fall upon the parish council, which may well have a view on the matter and be involved in the discussions, but is not responsible in any way for the issue before the referendum. That is a very important matter.

The noble Lord, Lord Beecham, made the point that there is possible provision in the Bill for local authorities to define appropriate local areas which are not co-incident with ward boundaries. It seems to me that a provision that they should be one polling district or a collection of polling districts is one that ought to be looked at by the Government, because polling districts, by their very nature, already have the machinery in place for elections, yet polling districts in most wards are smaller than the wards of which they form part. I put that suggestion to the Government and, on that basis, I beg leave to withdraw the amendment.