Localism Bill

Hilary Benn Excerpts

Monday 7th November 2011 Commons Chamber

[Zac Goldsmith]

I thank my hon. Friend for his intervention. There is a safeguard, although it may not be enough. The Government’s proposal was that 5% of the population could trigger a referendum, which I always felt was too low and would allow it to become a cranks’ charter, because it does not take much to get 5% of people to call for something, and we could end up debating some mad ideas. My amendment would raise the minimum number of signatures required to trigger a referendum to 20%, but I would be happy with 30%, because it should be difficult. A referendum should act as a veto in the hands of the people, but it should not be an easy mechanism to deploy.

[Hilary Benn (Leeds Central) (Lab)]

We have just heard about one potential weakness of the hon. Gentleman’s amendment, and I would like to raise another. He has made great play of the fact that the result of the referendum would be binding—it is repeated several times in the wording of the amendment—but it then states that that would be

“subject to exceptions set out in regulations made by the Secretary of State”.

Could he assist the House by giving three examples of the kind of exceptions that he has in mind?

[Zac Goldsmith]

I can give the right hon. Gentleman one exception that covers many more than three: matters that are not in the control of the local authority. If the decision can be made without reference to national Government, the local authority would be bound by the results of a referendum. I am glad that the right hon. Gentleman described the weakness that I highlighted earlier as a “potential” weakness, because I hope that I answered the question adequately.

[Hilary Benn]

The example that the hon. Gentleman gives seems to be covered already by subsection (2) of his amendment, which says that a referendum can take place only if relates to one of the four examples given in paragraphs (a) to (d). It seems to me that his answer falls at an earlier hurdle—his own amendment. I ask him again whether he can give three examples of situations in which he thinks the Secretary of State should say that the result of a referendum is not binding.