(13 years, 4 months ago)
Lords ChamberI 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.
I was aware that the noble Lord had introduced the amendments and I am delighted that he did.
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.