Cities and Local Government Devolution Bill [Lords]

Debate between Anne Main and Lord Wharton of Yarm

Tuesday 17th November 2015 Commons Chamber

[James Wharton]

I beg to move amendment 16, page 19, line 8, after “of” insert “, or made under,”

This amendment provides that the power to make regulations under clause 22 of the Bill includes a power to make provision that is consequential on instruments made under the Bill.

[The Temporary Chair (Mrs Anne Main)]

With this it will be convenient to discuss clause 22 stand part.

Schedule 4 stand part.

Clause 23 stand part.

Clause 24 stand part.

Government amendment 17.

Clause 25 stand part.

[James Wharton]

Knowing as I do that hon. Members are familiar with the content and scope of the amendments and that there is, I believe, broad agreement across the Committee, I have no desire to speak at length unless Members wish me to do so. I hope that the amendments will secure the approval of the Committee.

Amendment 16 agreed to.

Clause 22, as amended, ordered to stand part of the Bill.

Schedule 4

Minor and consequential amendments

Amendments made: 26, page 34, line 22, at end insert—

“Local Government Act 1972

A1 The Local Government Act 1972 is amended as follows.

A2 In section 100E (application of Part 5A to committees and sub-committees), in subsection (3) after paragraph (b) insert—

“(bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

(bbb) a joint committee in place by virtue of section 107DA of that Act;”.”

A3 In section 101 (arrangements for discharge of functions by local authorities)—

(a) after subsection (1C) insert—

“(1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

(1E) “Mayoral function” has the meaning given by section 107F(7) of the Local Democracy, Economic Development and Construction Act 2009.”;

(b) after subsection (5B) insert—

“(5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority.

(5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of section 107DA of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions).

(5E) In subsection (5C), “general functions” has the meaning given in section 107D(2) of that Act.”

This amendment provides for the cessation of existing joint committee arrangements where a combined authority function becomes a mayoral function in the combined authority, and for a committee established by section 107D(3)(c)(ii) or 107DA of the Local Democracy, Economic Development and Construction Act 2009 to be treated as a committee of a principal council for the purposes of Part 5A of the Local Government Act 1972.

Amendment 62, page 34, line 22, at end insert—

“Local Government Act 1972

A1 The Local Government Act 1972 is amended as follows.

A2 In section 100J (application of Part 5A to new authorities etc)—

(a) in subsection (1) after paragraph (be) insert—

“(bf) a sub-national transport body;”;

(b) in subsection (3), after “(be),” insert “(bf),”;

(c) in subsection (4), in paragraph (a) after “joint authority,” insert “a sub-national transport body,”.

A3 In section 101 (arrangements for discharge of functions by local authorities), in subsection (13) after “combined authority,” insert “a sub-national transport body,”.

A4 In section 270 (general provisions as to interpretation), in subsection (1) after the definition of “specified papers” insert—

““sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008;”.

Local Government Act 1985

A5 The Local Government Act 1985 is amended as follows.

A6 In section 72 (accounts and audit), for subsection (5) substitute—

“(5) Any reference in this section to a new authority includes a reference to—

(a) the London Fire and Emergency Planning Authority;

(b) a sub-national transport body established under section 102E of the Local Transport Act 2008;

(c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.”

A7 In section 73 (financial administration), in subsection (2) after “reference to” insert “—

(a) a sub-national transport body established under section 102E of the Local Transport Act 2008;

(b) ”.”

This amendment makes consequential amendments regarding Sub-national Transport Bodies to make provision about the admission to the meetings of these bodies; to allow them to make arrangements for the discharge of their functions; and to impose a requirement to keep a general fund and to appoint a chief finance officer.

Amendment 63, page 34, line 31, at end insert—

“Local Government and Housing Act 1989

1A (1) The Local Government and Housing Act 1989 is amended as follows.

(2) In section 4 (designation and reports of head of paid service), in subsection (6)(a) for “, (ja) and (jb)” substitute “and (ja) to (jc)”.

(3) In section 13 (voting rights of members of certain committees: England and Wales), in the definition of “relevant authority” in subsection (9), for “(jb)” substitute “(jc)”.

(4) In section 20 (duty to adopt certain procedural standing orders), in subsection (4)(a) for “(jb)” substitute “(jc)”.

(5) In section 21 (interpretation of Part 1 of Act), in subsection (1) after paragraph (jb) insert—

“(jc) a sub-national transport body established under section 102E of the Local Transport Act 2008;”.

Railways Act 1993

1B (1) Section 24A of the Railways Act 1993 (Secretary of State franchise exemptions: operator agreements) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), after sub-paragraph (i) insert—

(ia) an STB,”;

(b) in paragraph (b), after “Executive” insert “, an STB”;

(c) in paragraph (c)(i), after “Executive” insert “, STB”;

(d) in paragraph (c)(ii), after “Executive” insert “, STB”.

(3) In subsection (5)—

(a) in paragraph (a) of the definition of “relevant company”, after “Executive” insert “, an STB”;

(b) in paragraph (b) of that definition, after “Executive” insert “, an STB”;

(c) after that definition insert—

““STB” means a sub-national transport body established under section 102E of the Local Transport Act 2008.”

Local Government Act 1999

1C In section 1 of the Local Government Act 1999 (best value authorities), in subsection (1) after paragraph (hb) insert—

“(hc) a sub-national transport body established under section 102E of the Local Transport Act 2008;”.

Freedom of Information Act 2000

1D In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 2 (local government: England and Wales), after paragraph 28 insert—

28A A sub-national transport body established under section 102E of the Local Transport Act 2008.””

This amendment makes consequential amendments regarding Sub-national Transport Bodies so that the requirement to designate a head of paid service and a monitoring officer, and in relation to political balance of committees, will apply to these bodies; to make provision in connection with railway asset protection etc; and to provide for these bodies to be best value authorities and to be subject to the FOI regime.

Amendment 30, page 34, line 35, leave out “In section 91 (exercise of local authority functions),” and insert “(1) Section 91 (exercise of local authority functions) is amended as follows.

‘(2) ”

This makes a technical drafting amendment to the provision in paragraph 3 of Schedule 4 to the Bill which amends section 91 of the Local Democracy, Economic Development and Construction Act 2009.

Amendment 31, page 34, line 36, at end insert—

‘( ) In subsection (4)—

(a) omit “or” at the end of paragraph (a);

(b) after paragraph (b) insert—

“(c) for the function to be exercisable by the EPB and the local authority jointly, or

(d) for the function to be exercisable by the EPB jointly with the local authority but also continue to be exercisable by the local authority alone.”

This amends paragraph 3 of Schedule 4 to the Bill to add new provision in subsection (4) of section 91 of the Local Democracy, Economic Development and Construction Act 2009. The amendments enable an order under Part 6 of the 2009 Act conferring local authority functions on a combined authority to require that both authorities exercise the functions concerned jointly.

Amendment 27, page 35, line 43, at end insert—

‘( ) After subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the reference to the Secretary of State were a reference to the Secretary of State or the Chancellor of the Duchy of Lancaster.”

This amendment provides for an order made by the Chancellor of the Duchy of Lancaster under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 to be able to make incidental, consequential, transitional or supplementary provision in support of such an order.

Amendment 28, page 36, line 2, at end insert—

10A In section 116 (consequential amendments), after subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the references to the Secretary of State were references to the Secretary of State or the Chancellor of the Duchy of Lancaster.”

This amendment provides that the Chancellor of the Duchy of Lancaster can, in consequence of an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009, make provision in consequence of any provision made.

Amendment 64, page 36, line 27, at end insert—

“Equality Act 2010

12A In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1 (general), after the entry “A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008)” insert—

“A sub-national transport body established under section 102E of the Local Transport Act 2008.””

This amendment makes a consequential amendment regarding Sub-national Transport Bodies so that these bodies will be subject to the public sector equality duty.

Amendment 65, page 37, line 8, at end insert—

“Local Audit and Accountability Act 2014

18 (1) The Local Audit and Accountability Act 2014 is amended as follows.

(2) In section 40 (access to local government meetings and documents), in subsection (6) after paragraph (j) insert—

“(ja) a sub-national transport body,”.

(3) In section 44 (interpretation of Act), in subsection (1) after the definition of “special trustees for a hospital” insert—

““sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008.”.

(4) In Schedule 2 (relevant authorities), after paragraph 28 insert—

28A A sub-national transport body.”” —(James Wharton.)

This amendment makes a consequential amendment regarding Sub-national Transport Bodies so that the transparency requirements for accounting and auditing and access to meetings and documents will be applied to these bodies.

Schedule 4, as amended, agreed to.

Clauses 23 and 24 ordered to stand part of the Bill.

Clause 25

Short title

Amendment made: 17, page 20, line 3, leave out subsection (2)—(James Wharton.)

This amendment removes the privilege amendment inserted by the Lords.

Clause 25, as amended, ordered to stand part of the Bill.

Title

Amendment made: 66, line 5, after “functions;” insert

“to confer power to establish, and to make provision about, sub-national transport bodies;”—(James Wharton.)

This amendment makes consequential amendments to the long title of the Bill to incorporate a reference to establish and make provision regarding Sub-national Transport Bodies.

The occupant of the Chair left the Chair (Programme Order, 14 October).

The Deputy Speaker resumed the Chair.

Bill, as amended, reported; Bill, as amended, to be considered tomorrow.

European Union (Referendum) Bill

Debate between Anne Main and Lord Wharton of Yarm

Friday 5th July 2013 Commons Chamber

[James Wharton]

I thank my hon. Friend. He has made clearer the position of the Labour party than the Leader of the Opposition has yet managed to do. There may be a vacancy there for him soon if he were to choose to apply for it.

[Mrs Anne Main (St Albans) (Con)]

It may help my hon. Friend, who is doing a wonderful job here, if I could just refer to something that was put out by the Liberal Democrats at the last election, which said that the reason for giving a real referendum was that it was over 30 years since the British people last voted, and although they wanted to campaign to stay in, they firmly believed that length of time justified having the referendum.

[James Wharton]

I thank my hon. Friend. That leads me neatly on to my next point, which is that I have no objection in a referendum to those who would want to campaign to stay in, just as I could have no objection to those who would want to fight to come out. I do wonder, though, at a democratically elected Member of Parliament who would seek to deny the British people that choice. That is the fundamental area of disagreement, and beyond that I am sure we can reach across parties to find agreement and deliver a Bill that is so important and long overdue.

Fuel Duty (Northern Ireland)

Debate between Anne Main and Lord Wharton of Yarm

Wednesday 22nd February 2012 Westminster Hall

[James Wharton (Stockton South) (Con)]

I congratulate the hon. Lady on securing this important debate. I represent a constituency in the north-east of England, which in many ways faces similar economic challenges to Northern Ireland. One issue—

[Mrs Anne Main (in the Chair)]

Order. I ask the hon. Gentleman to confine his remarks to Northern Ireland fuel duties.