Local Audit and Accountability Bill [HL]

Lord Geddes Excerpts

Wednesday 26th June 2013 Grand Committee

Debate on whether Clause 39 should stand part of the Bill.

[The Deputy Speaker (Lord Geddes)]

It may assist the Grand Committee if I advise that this is not an amendment as such but an opportunity for one or more noble Lords to voice their opposition to the Question that the clause stand part of the Bill.

[The Earl of Lytton]

My Lords, my entire purpose in objecting to the clause came not only at the request of the LGA but as a result of a question that I put to it about the interface between the council tax referendum regime on the one hand and local democracy on the other. It felt, as do I, that the Government’s position needed further explanation. The National Association of Local Councils has also raised doubts about the wisdom of this part of the Bill, so here I am opening up the point for debate.

The Committee will know better than I about the frequency of local elections, depending on the type of authority and whether all the seats are up for election—a third, a half, or whatever, depending on the type of authority. The authorities that seem to have the least frequent elections seem to be the shire counties and the London boroughs, according to a potted account with which I have been provided by the LGA. The unitary and district authorities obviously have a different range of election frequencies and proportions of those standing for election, so the only slightly tongue-in-cheek question is this: how many council tax referenda equate to an election? As I say, that is slightly tongue in cheek.

I accept that a council tax referendum may be advanced on a narrower basis than a local election but it seems to be obvious that if a council is elected and starts to implement its programme, but is then subject to a further check on progress via a referendum on the logical outcomes of its policies, it begins to look like a recipe for potential gridlock. Giving the electorate the right to chop and change midway through an electoral cycle is curious. I suggest that the open-ended nature of that needs to be looked at. I do not necessarily say that the principle of intervening in council tax referenda is wrong or anything like that, but they do not necessarily coincide with the normal electoral cycle, and there is therefore the possibility of such referenda being quite disruptive.

As I said earlier, in order to galvanise the local electorate, which is sorely needed in some cases, it is necessary to have matters of substance and of relevance to the electors on which their votes can make a difference. That is a very important point. The LGA certainly feels—I noted the comments of the noble Baroness in another context—that the referendum provision risks compromising the thrust of local democracy in certain circumstances and that the main decision should be via the normal electoral ballot box. That is certainly the view of the LGA. As I say, we cannot guarantee that a referendum and a local election will coincide. A further explanation is needed from the Government.

In terms of forward investments, I noted what the noble Baroness said a few minutes ago about the way in which the previous amendments might be brought to bear on this whole matter. I did not quite understand the thread that a longer-term investment process would necessarily be proof against the effects of a referendum. That was my intention at this stage. I noted that no other noble Lord had added their name to the amendment and therefore anticipated that I might be in a minority of one standing before the Committee. On the broader principle, however, I should be interested to hear the Minister’s comments and those of other noble Lords.