My Lords, I declare an interest in this matter as an elected member of the Borough Council of King’s Lynn and West Norfolk.
It gives me great pleasure to support this timely legislation. Although I did not speak when the orders were debated on 22 March, I attended the debate. I am afraid to say that I even defied my own party Whip and voted against the order for Norwich and Norfolk by supporting the amendment tabled by my noble friend Lord Tope. The orders were as wrong then as the Bill before your Lordships’ House is right today.
It would be senseless to rehearse in detail the arguments given before the orders were made in March—in fact, they have been rehearsed—as they are all in Hansard. Suffice it to say that the consultation found that almost everyone was against the orders; the Government’s own criterion of affordability was not met; the Permanent Secretary of the Department for Communities and Local Government sought a political direction because he did not believe that the proposals represented value for money; and the Permanent Secretary warned that the orders would provoke a judicial review that would be likely to succeed. That review has taken place; indeed, the High Court ruled on 21 June that the decision to make the orders was unlawful. There was also a devastatingly critical report from the Merits of Statutory Instruments Committee of your Lordships’ House, as mentioned by my noble friend Lord MacGregor.
The list is longer, of course, but given an opportunity and a little time to reflect on the passing of the orders, it is right and proper for the new Government to keep their word and the promise made before the election and to move swiftly with the Bill to annul these orders. Even the attempt by the noble Lord, Lord Howarth, to delay the Bill by persuading the House that it could be hybrid has now been firmly quashed by the report from the Examiners that was published yesterday.
On a point of information, it was not contested. We withdrew from that examination and therefore the arguments were not aired and fully debated, because we knew about the situation with the judicial review.
My Lords, all I would say is that the Examiners have examined it. Their report has been published and the Bill is not hybrid.
For all those reasons, I am delighted to support my noble friend Lady Hanham, who introduced this Bill.