Localism Bill

Baroness Valentine Excerpts

Thursday 30th June 2011 Lords Chamber

[Baroness Valentine]

I declare an interest as chief executive of London First, which includes businesses that may be affected by the provisions in this Bill.

I support these amendments as I consider them to be in the spirit of the Bill. The noble Lord, Lord Jenkin, gives a useful example in Gatwick Airport, but there is a wide range of third parties that may be affected by any referendum. When decisions are being taken, those impacted by them should be notified and consulted openly. It is right that local authorities consult those potentially affected about whether it is appropriate to hold a referendum at all, as well notifying them if it were to happen and consulting on what steps are taken afterwards. Referenda should be a positive tool and, to that end, they should be well considered and thoughtfully implemented if they are to have the best possible impact on communities. I hope the Minister agrees.

[The Earl of Lytton]

My Lords, I had not expected to speak on this amendment, but I think the noble Lord, Lord Jenkin, raises a very valid point. I live within what is known as the Gatwick Diamond economic area, so I know very well what he is referring to. I know of situations where, for instance, residential development takes place near to industrial premises through normal course of development and re-use. Gatwick Diamond, along with many other areas, is now a 24/7 operation. It is near enough to coastal ports for large lorries to be coming along and near enough to all sorts of aviation-related and other downstream industries.

Local residents may not much like 44-tonne lorries coming along in the wee small hours of the morning. I can quite see that, but it is not fanciful at all to suppose that they might not wish to procure a cessation via triggering a referendum with a view to protecting what they see as their interests. Nor is it a planning-only issue because it may relate to a whole raft of regulatory functions for which local authorities and other bodies have responsibility. While I cannot vouch that the wording that the noble Lord, Lord Jenkin, uses is cohesive, I think there needs to be some regard for the economic consequences of what is being sought by a referendum. It seems that a referendum can be formulated on quite a narrow premise. If that is the case, it is quite possible for it to concern things of a much broader spectrum. It is worthy of consideration by the Minister.

--- Later in debate ---

[Lord Taylor of Holbeach]

I have been rather eager to stand because I feel that this gets to the nub of the issue. I am not entirely sure whether my noble friend Lord Jenkin, who has presented these amendments, is the same noble Lord who just the other day was urging me to trust local people to run these affairs. Localism is the name of the Bill; localism is what it is about. I urge him to read his own speech in Hansard to realise why it is that the Government do not want to bind this policy up. If any organisation of significance feels that it is vulnerable to popular opinion and is so out of touch with local opinion that it is not able to realise that a referendum is being carried on which might affect its interests, it deserves all the expression of popular opinion that may come its way. I am sorry to be so frank but I am motivated by the nature of this argument.

I do not think that the noble Baroness, Lady Valentine, was in the Chamber when I introduced government amendments earlier today which excluded planning applications from the referendum process. That is very important to understand in this context.

[Baroness Valentine]

I was aware that the noble Lord had introduced the amendments and I am delighted that he did.

[Lord Taylor of Holbeach]

I am most grateful. I take on board what the noble Baroness said but noble Lords opposite and my noble friend Lord Newton have made it clear that this process should not be so burdensome that it kills off the very expression of local opinion that we want to generate.

As regards the amendments tabled by my noble friend, I share his concerns that no person should find himself featuring in a referendum without an opportunity to make representations on the matter. But that I am sure is in the nature of these things and the dialogue within local communities. I understand that my noble friend is using the word “person” in the strictly legal sense of meaning company and corporate activity. In my estimation, it would be a rare case, as I have said, that a referendum will in practice concern a situation where people are totally unaware of the issues that are subject to a referendum.

Similarly, in deciding whether to give effect to a referendum result, the local authority will have regard to the need to balance the views of all interested groups. It will have regard to the economic interests of the area as perceived by it as a local authority and as elected representatives. To take such decisions is what local government has to do all the time. If there was any doubt that it would be appropriate for authorities to consult people directly affected by referendums, I hope that what I have said will dispel that. We believe that the amendments are unnecessary burdens on authorities and I hope that my noble friend will not press them.