Localism Bill
Debate between Yasmin Qureshi and Baroness Keeley
Barbara Keeley
I am afraid that I am not convinced by that, and I am not making this up. I know Professor Clements, because he helped to draft much of the carers legislation that went through the House as private Members’ Bills. He, among others, is very concerned.
To respond to the Minister’s point, part of the difficulty is that the conditions set out in Government new clause 12(2) are subjective. It is another lawyers’ charter, because they will have to settle the question of whether or not legislation fits those conditions. The key point is that all the decisions lie completely within the judgment of the Secretary of State. That is what is making people uncomfortable. There is great concern about sweeping away the laws, rights and protections for those who need care. Yesterday in the Palace, I attended a gathering of five all-party groups on disability—I attended as the chair of the all-party group on social care. Two questions were asked of the Bill and the review, and there was a chorus of concern in the room. Ministers can attack me if they want to, but I am representing concern from outside the House.
Citizens Advice has told MPs that it is worried about the broad-ranging powers that clause 5 confers on the Secretary of State. It is worried that the power will be used to revoke or repeal a number of statutory provisions, such as the public sector equalities duty.
Yasmin Qureshi (Bolton South East) (Lab)
The Prime Minister says that he wants power to be given back to local people. Does my hon. Friend agree that giving the Secretary of State 126 new powers contradicts that?
Barbara Keeley
That is a contradiction. In fact, the 126 or 142 new powers—we can count them in different ways—are of great concern.
The list of legislation that we propose in amendment 37 for protection from those new powers may not be perfect—I am sure people can find fault with it—but it is vital to get a clear steer from Ministers that they do not intend to continue to see important council duties as burdens. Does the Secretary of State agree that the Homelessness Act 2002, which is on our proposed list, creates a vital duty for councils to have a strategy for tackling homelessness, or does he agree with Hammersmith and Fulham council, which has asked for that duty to be scrapped? Hammersmith and Fulham also wants to scrap the rough sleeper strategy, and wants not to assess the sufficiency of locally available child care. It wants no requirements on its youth service. Do Ministers believe that Hammersmith and Fulham should be able to shed those duties? That is the key question.
Councils such as Hammersmith and Fulham want to shake off what they view as burdensome duties, but the Opposition’s view is that those council services are vital and should be protected. A list of what is vital and to be protected is the key to that. In Committee, the Minister said:
“Every local authority will retain duties enshrined in other legislation to provide services and not to charge for them, if charging is not allowed at present.”––[Official Report, Localism Public Bill Committee, 1 February 2011; c. 184.]
However, Hammersmith and Fulham wants not to have plans for homeless people, and Wandsworth council plans to charge children £2.50 to use a playground. That is where we are. It is time for Ministers to end the uncertainty that they have generated with their sloppy plans for revising legislation on council duties. It is time for them to reintroduce certainty, so that people know that councils must provide land for allotments and an efficient library service, assess carers’ needs, and have plans for tackling homelessness.
I welcome the Minister’s partial sympathy on proposed new clauses 27 and 28 and the proposed amendments on pay transparency and very much look forward to developments. Much has been said in recent months on top pay in local government. I am sure that Ministers would agree that a great deal of that talk has been stoked by the Secretary of State for Communities and Local Government. However, he has tended not to show the same concern for the lowest paid staff, or for levels of pay among consultants and contractors, who provide £38 billion-worth of goods and services to local government, which is paid for out of the public purse.
Our proposals aim to introduce pay transparency much more fully than the Government plan. We want to shine a light on top pay and low pay, and I welcome the Minister’s sympathy for that. However, the Opposition also want to develop the recommendations in the Hutton review on pay. Ministers said that they would reflect on that review, and I hope they take that seriously. All hon. Members agree that there has been some excessive growth in senior roles in the public sector, but there are also myths about public sector pay. The Local Government Association estimates that of 1.7 million employees in mainstream local government jobs, 60% earn less than £18,000 a year. According to the LGA, more than 400,000 council workers earn less than the living wage, including more than 250,000 who earn less than £6.50 an hour.