Debates between Lord Tope and Lord Wallace of Saltaire during the 2010-2015 Parliament

Deregulation Bill

Debate between Lord Tope and Lord Wallace of Saltaire
Tuesday 4th November 2014

(10 years ago)

Grand Committee
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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I thank the noble Baroness. At this point I may be better off writing to her to explain in detail. My note says that the Secretary of State will make the regulations, but I recognise that there is a degree of ambiguity there. We will make sure that we clarify that.

Lord Tope Portrait Lord Tope
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My Lords, I am of course, as always, grateful to my noble friend Lady Hanham. I was going to say “for her support”, but who is supporting who? We are as one on this. I have just said to her that it is good to have her back onside. I always knew what she really thought, because we have known each other for so long. Now, at last, she can say it.

I am grateful to my noble friend the Minister for his response and, indeed, whether he meant to or not, for confirming that we have this clause as the result of a “press campaign”—those were the words that he used—not because there is any evidence that vast numbers of innocent householders are being persecuted and prosecuted for their innocent mistakes. If that has ever happened, it is certainly not the norm. It certainly does not happen to the extent that requires this sort of heavy-handed additional regulation.

Reference has been made to different systems in different areas. In passing, most people only live in one local authority area, and it is not of much concern to most people what happens in other areas because they never experience it—unless they happen to live in two, three or more homes. Having said that, I entirely agree that greater harmonisation and simplification between local authorities in their collection arrangements, particularly for recycling, would be extremely helpful, however many homes one happens to live in. That is a job for the local authorities and the Local Government Association. It is not a job in which central government needs to intervene or is able to usefully add anything to what local authorities can do.

I said in my opening remarks—because I have always believed it very strongly—that I too believe in supporting recycling, not threatening it, and giving incentives for recycling. That was something that my council started to do the day when I became leader of it, as it happens. However, I have also said that you need to be able to back that up with a threat or disincentive. You will hope that it is never needed; if your incentives are working well and properly, that threat will never need to be used, but it needs to be there as a back-up. I am at one with the Government in wishing to incentivise rather than threaten, but not with them on the wish effectively to withdraw any meaningful threat.

The Minister says that he hopes that I will withdraw the amendment. He knows very well that the rules require that I do so. I have no choice but to beg leave to withdraw it, but I feel sure somehow that we will return to the issue of waste collection at a later stage of the Bill.

Local Audit and Accountability Bill [HL]

Debate between Lord Tope and Lord Wallace of Saltaire
Wednesday 19th June 2013

(11 years, 5 months ago)

Grand Committee
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Lord Beecham Portrait Lord Beecham
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Perhaps I may just ask whether it would remain open to authorities to combine in placing audit contracts. The Audit Commission identified substantial savings having been made by central commissioning, and it anticipated that if extended to the remaining 30% of contracts, a significant further saving of some £400 million over five years could be made. I am not necessarily saying that that is the way to go but, under the provisions of the Bill and this whole appointment process, would it still be open for such an approach to be adopted by authorities coming together, for example, in a particular region or a particular class of authority, obviously with the support of their independent panels? Would it still be open to them to move in that direction, getting a sort of bulk purchase by agreement rather than it being imposed externally? It would be helpful to have some assurance on that.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I am happy to give that assurance. That is entirely acceptable and to be expected within the Bill. Often small authorities in particular will find it convenient and useful to combine how they approach this matter. However, as the noble Lord has just said, this is by voluntary co-operation rather than by imposition from the centre.

I have to reprimand the noble Lord, Lord Tope, for making exactly the first point that I was going to make, thus cutting down on what I have to say.

Lord Tope Portrait Lord Tope
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I have never achieved that before.

--- Later in debate ---
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, we will move on to the question of health bodies in our discussion of further amendments, and I hope that the noble Lord will allow us to return to the issue when we deal with them.

In answer to the noble Lord, Lord True, the Bill would not prevent someone who had worked for the local authority but had finished working for the local authority more than five years ago acting as an independent member of the panel. That is certainly my reading, and I state that as the Government’s clear understanding of the position.

On the question of a close friend—I appreciate that the noble Lord, Lord Beecham, is querying this—I am told that the phrase is already in the Localism Act. It is, to some extent, a matter of perception, but we all understand, from having dealt with local authorities over a long period, that this is one of the areas where one needs to make sure that panels look independent and are assured to be independent. Where someone seems like a close friend, it is clear that we will give guidance that that sort of person ought not to be appointed to a panel in that area.

There is more on the definitions in the letter of intent that was circulated on Monday, which I hope noble Lords have seen, and there will be more in the guidance provided to local bodies. I hope that provides sufficient reassurance for the amendment to be withdrawn.

Lord Tope Portrait Lord Tope
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My Lords, I am slightly confused, because the group of amendments with which we are dealing is about the relationship between audit committees and auditor panels. The noble Lord, Lord McKenzie, as the mover of the amendments, will comment on that in a moment. However, I am quite sure that we will return to this issue, if only to seek clarification about the distinction and whether the two bodies should be, or have to be, separate. My noble friend Lord Wallace seemed almost to be saying that the auditor panel could in effect be a subcommittee of the audit committee. I do not think that that was quite what he meant, but maybe it was. We still need to clarify that role.

My confusion started when my noble friend went on to reply to Amendment 14BBA, which is not only in the name of the noble Earl, Lord Lytton, but in mine. That amendment has not been moved yet, so I am not quite sure whether we are dealing with it. If we are, and for the sake of preventing us from dealing with it later on—if and when it ever gets moved—perhaps I might say that the noble Earl is vastly more expert than me on the case of small bodies, such as parish councils and the like. However, the amendment comes from the Local Government Association, which represents primarily the larger authorities that do have these concerns. Personally, I have no great problem with majority independent members, but the LGA is concerned about it on a number of grounds.

First, the LGA quite rightly makes the point about the professional integrity of auditors, which the noble Baroness, Lady Eaton, has already made, as has the noble Lord, Lord True, and others, and which I think we all accept. They are already fully regulated, quite rightly and properly, and therefore the perception of independence is, in a sense, already covered to a considerable extent by the regulation.

Secondly, there is the rather more important, practical problem of whether in some areas it will be possible to find a significant number of truly independent people. That does not mean somebody elected to the council as being independent of a political party; it means somebody who is truly independent of the council in a way that is defined in the schedule. In some areas, it may not be possible to find sufficient people of relevant experience. That does not mean that they have a professional qualification necessarily, but that they have relevant experience and are also able and willing to put in the necessary time to serve on this. That may be less of a concern in some London boroughs that many of us know. However, I can well see that in more rural areas or smaller district councils, it may well be quite a significant difficulty. That is part of the concern that the LGA was raising and which we need to include in this debate, whichever amendment we are debating at this moment.