Council Tax and Non-Domestic Rating (Powers of Entry: Safeguards) (England) Order 2015
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, the order was laid before this House on 27 February and I beg to move that it be approved. The Government are committed to protecting individuals and businesses from unnecessary intrusion into their homes and business premises by public bodies. It is essential that powers of entry, as with any enforcement power, achieve the right balance between the need to enforce the law and ensure public protection and the need to provide sufficient safeguards and rights to individuals. That is why I am delighted to inform the Committee that the Government have clamped down on the overuse and abuse of snooping, with more than 300 powers of entry already being abolished. We have also stopped spy cars and bin snoopers. However, some powers of entry are important and reasonable, such as the need for council tax and business rate inspectors to enter a property to value it. We now propose to introduce three additional safeguards for individuals and businesses through the draft order.
The main change is that the draft order, using powers under the Protection of Freedoms Act 2012, would change the law so that officials from the Valuation Office Agency, an agency of Her Majesty’s Revenue & Customs, should no longer have an automatic power of entry into homes and businesses to value them for council tax and business rates. We are proposing to amend the Valuation Office Agency’s powers of entry so that where consent to enter is not given, listing and valuation officers will have to seek the authority of the First-tier Tribunal before they can exercise their statutory entry power. The vast majority of inspections will continue to happen with consent. However, where consent is not given, it will be for the First-tier Tribunal to judge whether the inspection is needed.
Secondly, when listing or valuation officers exercise their power, if the property’s occupier obstructs them the occupier can be prosecuted and fined. We propose, through this draft order, that the fine level for council tax be reduced and aligned with business rates to level 1 of the standard scale. This is currently £200. The third and final change is that the period for written notices sent by listing officers and valuation officers in advance of inspecting a business property to business ratepayers following First-tier Tribunal authorisation is increased and aligned with that for council tax, to three working days.
These changes, if they are approved, will ensure that private and family life is respected at all times. They will ensure that the privacy of citizens’ homes and businesses is protected, while allowing the Valuation Office Agency to meet its statutory functions and enabling listing officers and valuation officers to fulfil their statutory valuation duties.
In drawing up our proposals, we listened to representations from a range of sectors. We had a total of 23 responses from local authorities, the Valuation Tribunal for England, the Institute of Revenues, Rating and Valuation, Big Brother Watch, a member of the Royal Institution of Chartered Surveyors and the Rating Surveyors Association, and from members of the public. The majority agreed that the proposals set out in the consultation document sufficiently protect the privacy and rights of homeowners and businesses. There was no significant disagreement with the principle of requiring that listing and valuation officers should be made to seek the authority of the tribunal before exercising their power of entry. There were mixed views on whether to reduce the fine level for council tax and align it with business rates, to level 1 of the standard scale. The majority agreed with aligning the period for written notices sent by listing officers and valuation officers in advance of a visit to council tax payers and business ratepayers to three working days. Based on the details of the order, I commend it to the committee.
Lord Kennedy of Southwark (Lab)
My Lords, I do not have too many comments to make in respect of this order. When I looked at the order, I noticed the reference to the Protection of Freedoms Act. This Government seem to like some grand titles for Acts. I think also of the SARAH Bill, which my noble friend Lord Beecham did for the Opposition.
There is a lot of florid language in this order. As the noble Lord, Lord Ahmad, outlined, it ensures that when officials want to get entry to a property, if they have not been allowed it they have to seek the permission of the First-tier Tribunal. I have no particular issue with that. However, I saw that no impact assessment was done on this provision. Who will bear the costs of these actions? I hope that it will not be the taxpayer or the council tax payer. Why was no impact assessment done? Is it because in reality there will be a relatively small number of cases? That would be very useful.
Will the Minister also comment a bit more on the consultation? I read it and thought it was a bit more mixed than the Minister may have outlined. Also, who were consulted? I saw that Big Brother Watch is mentioned here, but what other groups were consulted? It would be quite nice to have a list of the organisations. I assume that local authorities were included. What concern did Big Brother Watch have? It stuck out on the list. I would appreciate some answers to those questions.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords for their questions, comments and general support for what the Government are proposing. I first thank my noble friend Lord True for his very kind remarks and, as a general point, I take on board what he said about powers of competence. From this Government’s perspective, the whole essence has been an increased focus on localism. He raises his points well and I am sure that both my party and others will listen to his comments with great interest as we move forward, post 7 May.
Turning to the specific questions from other noble Lords, the noble Lord, Lord Kennedy, raised the issue of the impact assessment for this change. The proposed policy changes do not actually fall within the scope of the reducing regulation committee, and so they do not need an impact assessment for this purpose. We do not anticipate any impact on the private or voluntary sector in this regard. A question was also raised about the costs associated with the order. As my noble friend Lord True pointed out, with most inspections there is an allowance of three working days and they will still happen by consent. There will be no significant increase in costs, as new costs for First-tier Tribunals will be paid by DCLG.
The noble Lord, Lord Kennedy, asked about consultation and whom we consulted. I listed a number of organisations and all the consultation details are available on the government website, GOV.UK. This includes all the statutory consultees I mentioned earlier.
Lord Kennedy of Southwark
I am sorry to interrupt the noble Lord. Would it be possible to send me a list of the organisations consulted other than the obvious ones such as local authorities? It would be helpful to me if he could do that.
Lord Ahmad of Wimbledon
I am quite happy to send the noble Lord the list of the statutory consultees, although the whole idea of putting it on the website is to open it up to whoever wishes to comment. However, if the noble Lord is asking specifically about the statutory consultees, I am quite happy to send him the list.
I am delighted that the noble Lord, Lord Beecham, referred to the spare room subsidy by its correct name. Just by way of clarification, that is not assessed by the Valuation Office Agency and, as such, this order will not apply. I believe that I have answered the questions that were raised.
Lord Kennedy of Southwark
I just want to say that obviously we have great respect for the noble Lord. I think that all Members here have served on local authorities in the past. Certainly, the noble Lord, Lord True, leads a council; my noble friend Lord Beecham has led a council; and I was deputy leader of a council many years ago and went back on to Lewisham council last year. Of course, I hope that we get back in May and that the position will be reversed. However, whatever happens, I have great respect for the noble Lord.
Legislative Reform (Community Governance Reviews) Order 2014
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, the order before us today will make amendments to the Local Government and Public Involvement in Health Act 2007. The changes will make it easier to create new town and parish councils by improving the community governance review procedure.
Town and parish councils are a valuable part of our democracy and an important component of our vision for localism. Parish councils provide communities with a democratically accountable voice and a structure for taking community action. The Localism Act 2011 gives parish councils a range of powers, including neighbourhood planning, and we want to see parish councils take on a greater service delivery role for their local communities.
Many local communities clearly have a passion for placing power at a more localised level. However, the prospect of embarking on a lengthy process to realise that goal has discouraged many communities which wish to live in a parished area from exploring this opportunity. We are committed to working with local communities, councils at all levels, and representative bodies across the sector to explore measures to remove the obstacles that stifle the potential which exists for creating more new town and parish councils.
The legislation governing the community governance review procedure requires that every principal council conducts a review as it gives consideration to whether to create a new town or parish council. The proposals which I set out today will improve the experience for local communities, which will be better placed to achieve their vision of local governance at the grassroots level.
The draft legislative reform order was laid before Parliament on 11 December 2014 under the affirmative resolution procedure. The Delegated Powers and Regulatory Reform Committee scrutinised the order on 21 January 2015 and raised it to the super-affirmative procedure. The chair of the committee, my noble friend Lady Thomas of Winchester, invited the Department for Communities and Local Government to submit further information. I am pleased that following the submission of further details, the committee confirmed its satisfaction that the order now meets the tests set out in the 2006 Act. I am grateful to the committee for its hard work in scrutinising this order.
Before getting into the details of the amendments to the Local Government and Public Involvement in Health Act 2007, I will briefly explain the background to these measures. In 2011, the Open Public Services White Paper set out the policy objective of making it easier to set up new town and parish councils. This reflected the growing belief among local campaigners and the local government sector that under the current legislation, the process is too burdensome and bureaucratic for local citizens.
We undertook two government public consultations to consider these proposals. The first consultation was conducted from October 2012 until January 2013 and sought views on a wide range of measures to improve the governance review procedure, including the three specific measures set out in the proposals today. It has been particularly insightful to listen to the views of bodies such as the National Association of Local Councils, the Society of Local Council Clerks and the Local Government Association and to learn from the first-hand experiences of new and established town and parish councils which have gone through the review process. Respondents to the consultation were broadly in support of the three measures proposed. As a result, the Department for Communities and Local Government decided to proceed with plans to introduce the three key legislative measures.
In the second public consultation, conducted between March 2014 and May 2014, we gave specific consideration to the use of a legislative reform order as the mechanism for introducing the proposals. All those who responded to the consultation fully supported the specific use of the LRO. Today, I am asking noble Lords to support the introduction of measures that will help to deliver on the commitment first made in 2011. Introducing these changes will benefit local communities by giving them a greater say in how their local neighbourhood should be governed.
In summary, the new measures will, first, reduce the percentage of local government electors required to sign a community governance petition that will trigger a community governance review from 10% to 7.5%. This change will enable local campaigners to obtain the required number of the local electorates’ support more quickly, allowing for the voice of communities to be heard and for the review to be triggered within a shorter timeframe. Secondly, it will reduce the period allowed for the relevant local authority to conclude a community governance review from 12 months from the date the review begins to 12 months from the date of receipt of the petition or application. Introducing a clearly defined timeline will significantly reduce the financial and administrative burden currently being placed on local communities. It will also help local communities to campaign more effectively by reducing the costs associated with delivering local campaigns, including the cost of producing leaflets, circulating campaign material and hosting meetings.
Thirdly, it will allow those neighbourhood forums which have a neighbourhood development plan that has passed a referendum to trigger a community governance review without the need for a petition. This significant change recognises the important role that neighbourhood forums play in our local communities. The membership of forums reflects the different people who live in a local area. Allowing forums which have already received support for their plans through a referendum to trigger a review will avoid duplication and acknowledge the extensive work that they undertake to engage the wider community in the discussions about forming a new council. These three measures will foster collaborative working between local authorities and campaigners, and lead to greater local democracy.
In summing up, I emphasise that the proposed amendments to the legislation will be invaluable for local communities. The changes unlock the barriers within the current legislation, which will enable local citizens to realise the benefits to be gained from living in an area represented by a town or parish council. We are seeking to complete the process of parliamentary scrutiny and to bring these changes into force as soon as possible. I beg to move.
Lord Kennedy of Southwark (Lab)
My Lords, as the noble Lord, Lord Ahmad of Wimbledon, outlined, this legislative reform order makes it easier to set up new town and parish councils. At present, a local authority or local campaigners petition the local authority to create a new town or parish council. A petition must meet the threshold of signatures to instigate a review. The local authority must then set the terms of reference, including the geographical area the review will cover. The review is completed within 12 months, and the final decision rests with the principal council.
A number of changes are proposed in this order, and it would be useful if the Minister will comment further on them, including the decision to reduce the proportion of people signing the petition to 7.5% and the consequent reductions in the other thresholds. Did the department consider the practicalities of having a percentage figure and a small, fixed figure for smaller authorities rather than the current scale?
In respect of reducing the 12-month period from when the review begins to when the petition is received, how much of a difference is there in reality? Will the Minister give the Grand Committee more evidence for the assertion that where a neighbourhood forum has been set up it can trigger a review? I am not sure how many neighbourhood forums have been set up in England. Can the Minister tell the Committee anything on that?
I am a local councillor in Lewisham in south London. I represent the ward of Crofton Park. We have just started the process of setting up a neighbourhood forum. If the forum gets off the ground, I am not clear whether we want to go the further stage and consider setting up a parish council. Setting up the forum is quite a challenge for local people.
I am aware that a new parish council in London—Queen’s Park, Westminster— was elected last May. Does the Minister have any assessment of how it is working? Particularly for London to get a parish council—the first one in 50 years—is interesting. If he has any comments on it, that would be helpful.
Local Government (Religious etc. Observances) Bill
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon
Lord Kennedy of Southwark (Lab)
My Lords, I declare an interest as an elected councillor in the London Borough of Lewisham. We do not have prayers at our council meetings. When looking at these amendments today it is worth reminding ourselves of the aim of the Bill—as has been made very clear by a number of noble Lords in their contributions today and in the Second Reading debate.
This is a passive Bill, which requires no one to do anything. It is permissive; it merely gives permission for councillors on parish and town councils and some combined authorities to do what they believed they were able to do in the first place. It brings them into line with the position on higher tiers of local government, namely districts, metropolitan councils, unitary councils, London boroughs and county councils. The Bill is needed because, although the Secretary of State was able, under his powers, to enable these higher tiers of local government to make the decision themselves, his powers did not extend to the lower levels of local government.
I have the greatest respect for all the noble Lords who have put their names to the amendments in this group. On many occasions in your Lordships’ House we have taken the same positions and been in the same Lobby. However, I contend that these amendments are not necessary.
Amendment 1 would remove the whole of the proposed new Section 138A and would effectively remove from the Bill the whole purpose of it being here in the first place. Amendments 2 and 5 would require there to be a two-thirds majority in favour of these proposals and for the decision to be reaffirmed every year at a meeting of the council. In my opinion, that goes too far and is not necessary. If the parish or other council concerned wants to avail itself of these powers, it would have to get agreement. A simple majority is perfectly acceptable in that regard. I agree entirely with the comments of the noble and learned Lord, Lord Mackay of Clashfern, in that respect.
Amendment 3 seeks to restrict what is allowed to only silent prayers. Silent prayers may be what the authority wants to do, which is perfectly acceptable—or some other act of worship or philosophical belief. But to restrict that would again undermine the permissive nature of the Bill, in that you can do what you want to do: it is your choice. The Bill is not prescriptive in any respect whatever.
Amendment 4, again, is not necessary. Look at the example here in your Lordships’ House: every day one of the right reverend Prelates—today it was the right reverend Prelate the Bishop of Leicester—starts our proceeding with Prayers. No one is forced to attend and it is the choice of individual Members whether they do. Those who choose not to attend wait outside until they are told by the doorkeepers that Prayers are over, at which point they come in and take their seats. No business is transacted whatever until Members have taken their seats. Do we really believe that that would not happen at meetings of local authorities? I do not accept that, by not participating in prayers, you would not be seen as a full member of the authority, as suggested by some noble Lords. Again, the amendment is not necessary as the Bill is drafted in such a way as to take account of what people themselves want to do. There is no pressure on anyone to do anything at all.
In conclusion, although I would not be affected by this particular group of amendments, I lived and worked for many years in the east Midlands and I attended the remembrance service that the right reverend Prelate the Bishop of Leicester referred to. It is a very moving and respectful event for people of no faith and many faiths.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, I am grateful for this opportunity to discuss both the broad intentions of the Bill—to give authorities the freedom to determine for themselves whether they wish to hold town hall prayers as part of official business—and some of its details, and, in those details, explain why we consider it a gentle and necessary measure.
This morning I woke up, as we all did—that is always an important part of the day. After doing that, I rather hoped that I might have had a bit of a lie-in, which means that I leave the house at about 8 am, rather than 6.30 am or 7 am. Being a father of three, with two children under the age of three—I know that those who are parents will share this experience—I was awoken at 5 am. One milk bottle followed another, after which, what did I do? I prayed, in my own Muslim way, in a moment of prayer and reflection.
I then travelled to the House, as all noble Lords did today, and arrived to be confronted by barriers and what have you. Sadly, there was an incident outside your Lordships’ House this morning. Nevertheless, I then came into your Lordships’ Chamber and prayed. I am grateful, as we all are, to the right reverend Prelate the Bishop of Leicester for leading Prayers this morning. We started, as usual, with reflections on our duties, on what our country is about and on why we are here.
Local Government (Transparency) (Descriptions of Information) (England) Order 2015
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon(9 years, 9 months ago)
Grand CommitteeRead Full debate Read Hansard Text
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, this order was laid before the House on 12 January 2015. It is about transparency and accountability in smaller authorities. I welcome noble Lords’ support for local authority transparency in previous debates. The order adds to the categories of information about which the Secretary of State may require authorities to publish information more frequently than annually.
On 17 December, under Section 2 of the Local Government, Planning and Land Act 1980, the Secretary of State issued a code of recommended practice on the publication of information by smaller authorities—the Transparency Code for Smaller Authorities. This applies to bodies including parish councils, internal drainage boards, charter trustees and port health authorities with an annual turnover not exceeding £25,000.
It is the Government’s intention to make it a legal requirement for smaller authorities to comply with the code. This will include a requirement to publish certain information relating to all formal meetings. However, the Secretary of State may require authorities to publish information more frequently than once a year only if it falls within a description of information to which Section 3(4) of the 1980 Act applies. In short, legislation needs to set out which categories of information the Secretary of State can require to be published more frequently than annually. This order adds to those descriptions of information, information relating to the meetings of a relevant authority, including the agendas, minutes and any other information concerning matters discussed at meetings. This will enable us to require the publication of meeting papers, agendas and minutes more frequently than annually.
The Local Audit and Accountability Act 2014 introduces a new local audit framework for public bodies, under which smaller authorities with an annual turnover not exceeding £25,000 will no longer be subject to routine external audit on an automatic annual basis, although they will still have an auditor nominated to field any complaints from local electors. This is a more proportionate approach to the country’s smallest public bodies and the amount of public money they handle. In place of an external audit, these authorities will be subject to the requirements set out in the Transparency Code for Smaller Authorities. Since the requirements of the code will represent a substitute for external audit under the new regime, the Government believe that requiring compliance through regulations is necessary. This will ensure that accountability is maintained and will increase the ability of local taxpayers to see how their hard-earned money is being spent and their services delivered.
Central to local people holding their local authority to account is having timely access to information about how the authority spends its money and the goods and services it buys and provides. It is clear that once-yearly publication of minutes and papers would limit proper local accountability. Local people would be made aware of decisions only long after they had been made and the opportunity to participate or influence the process had passed. The publication of meeting agendas and papers three days in advance of meetings and of meeting minutes no later than a month after the meeting will give the local electorate a clear picture of the activities of these bodies and enable local people to participate properly in the local democratic process. Alongside the other publication requirements in the code, this represents real accountability and transparency to the communities these bodies serve.
Local agencies and people want the publication of key financial and governance data to be mandatory, as was clear from the broad support shown in consultation responses for the Government’s intention to increase transparency. To questions about making the code mandatory, 76% and 88% of respondents explicitly supported our proposals. Nevertheless, we are keen to support these authorities to meet the code’s requirements. We intend to deliver a programme of funding through the sector to assist these bodies in getting online and publishing the relevant information. This is currently being developed with the sector.
To conclude, the code is crucial to ensure that accountability and transparency under the new audit regime is not just maintained but increased. Now that we have reduced the audit burden, these authorities need to make sure that they are transparent to those who matter most: the local people they seek to serve. The publication of meeting minutes, agendas and papers is crucial for local people to see how the council is being run and how their taxes are being spent. Limiting the access to this information to just once a year would severely restrict local accountability. I am sure that most of us can relate to the conviction that greater transparency helps secure better services and greater accountability. Consultation responses have demonstrated broad support for increased transparency and for making the code mandatory. We should listen to these messages—and, based on them, I commend the order to the Committee.
Lord Kennedy of Southwark (Lab)
My Lords, as the noble Lord, Lord Ahmad of Wimbledon, explained, the purpose of this order is to expand the description of information that the Secretary of State may require authorities to publish more frequently than annually. It affects a number of smaller public bodies, of which 5,300 have a turnover of less than £25,000 per annum. They will be exempt from routine external audit but will instead be required to publish information as specified for the benefit of local residents and others to see what has been spent, by whom and to what effect.
I agree that it is important to make this code mandatory. It is a substitute for external audit, and there will be benefits for the authorities concerned, because a considerable amount of information that they would be required to provide under FOI requests will be published routinely. That is welcome. It is also important that people are able to get access to information about what their authority is doing and to get that information in a timely manner; the point about the production of papers such as minutes and so on is therefore very welcome.
I have only a couple of points for the noble Lord. Can he confirm what the complaint process will be after expenditure details are published? If a resident has a complaint, what will that process be? Will it be, in effect, the same system that we have at present, or will it be something different? Can he outline that for the benefit of the Grand Committee? Can he also outline the process if an external audit is thought necessary? In such cases, how would it actually be triggered? With that, I am content with the order.
Lord Ahmad of Wimbledon
My Lords, on the first point, certainly nothing changes in terms of looking into complaints and raising those issues. The matters here are ones of transparency; if anything, the existing procedures and processes will be used more readily because of the fact that more information is available more readily.
The noble Lord raised an important and valid point on replacing the audit requirement with a requirement of greater transparency. If I may, I will write to him; we need to ensure that we provide a detailed answer because it will be relevant to local authorities. I look to my officials on this, and will ensure that that forms part of the code in terms of any exceptions that might arise. With those assurances, I commend the order.
Lord Kennedy of Southwark
Perhaps I may add that that is important in relation to the odd case among these very small authorities. I know from my time in local government that every now and again one does get problems that need to be dealt with. I would be grateful if the noble Lord would come back to me on that point.
Community Right to Challenge (Business Improvement Districts) Regulations 2015
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon(9 years, 9 months ago)
Grand CommitteeRead Full debate Read Hansard Text
Lord Kennedy of Southwark (Lab)
My Lords, this regulation adds an additional type of body, the business improvement district, as a body able to deliver services locally. It can make an expression of interest in delivering a service under the community right to challenge provisions of the Localism Act. It enables certain bodies to provide services. In principle, that is fine, but it would be useful if the Minister could answer a number of points raised by my noble friend Lord McKenzie of Luton. Could he also say a little more about the community right to challenge in itself, and what has been the benefit of the proposals so far? I have not heard a huge amount about them since they were put on the statute book. As for business improvement districts, and their work to improve town centres, have those in his department thought a bit more about the sort of service that they would see these districts actually deliver? Does he see any risk of fragmentation of services, for example by focusing on a particular high street or area, and perhaps even additional costs to business or residents?
I do not know whether the Minister was in the House yesterday, but his noble friend Lord Naseby asked a very pertinent Question about the crisis on our high streets. When she answered the Question, the noble Baroness, Lady Williams of Trafford, placed a lot of emphasis on “click and collect”. I notice that the Minister did not mention that once in his presentation here today, and I must say that I am a bit sceptical that click and collect is going to be the solution to the problems on our high streets. You have only to walk or drive around in London or elsewhere to see that there is a real problem in our high streets now. The noble Lord, Lord Forsyth, also made a very interesting point about how much tax is paid by booming internet-based companies, which again causes problems for shops that are trying to compete.
Could the Minister also talk about the whole question of infrastructure and transport, while he has his noble friend Lady Kramer here? For high streets and shops to work, good transport links are needed. That is an important point as well. If he could deal with that today, it would be helpful. If he cannot, perhaps he could write to me on that point. I am not against these orders, but they go much wider than some of the points raised yesterday in your Lordships’ House.
Lord Ahmad of Wimbledon
My Lords, I thank both noble Lords for their questions. As I said in an earlier debate, when we look at our local markets and high streets, it is important that we focus on these areas in a localised way. It is important to put on record that a business improvement district is a defined area in which a levy is charged on all business rate payers in addition to the business rate bill. The levy is used to develop projects from which those businesses in the local area will benefit.
The noble Lord, Lord McKenzie, raised the PWC report. In my opening statement, I cited the improvements that we have seen in the high streets. We are giving local communities power to save shops through the community right to bid, and neighbourhood plans are also allowing local businesses to set out changes to local planning. I take on board the concerns that he raised about local high streets and the concerns about closures that have happened in certain areas. It is important that local authorities also take greater responsibility.
I remember from my own experience in a local authority when I was the cabinet member responsible that we ensured, for example, a simple solution on parking, which is now used extensively across London and other areas—20 minutes’ free parking to bolster the local shop network. That perhaps also alludes to a point that the noble Lord, Lord Kennedy, raised about transport and supporting transport infrastructure. We need to ease the burden on shops and local businesses by helping them to facilitate foot flow and shopper flow into them. In many areas, local authorities do a very good job in ensuring that they can ease parking restrictions, for example.
The noble Lord, Lord McKenzie, always asks very technical questions when I am in Committee or on the Floor of the House. I am minded of the fact that he researches these issues quite thoroughly. On the impact of state aid and the two questions that he asked, I seek his indulgence and will write to him specifically on those issues.
The noble Lord, Lord Kennedy, referred to the risk of fragmentation of services. I do not share that concern about BIDs because we are seeking to widen the scope of organisations that can deliver services more effectively. As I said in my opening remarks, when local authorities are looking to procure services, accountability remains with them. They are the democratically elected bodies that electors will hold to account. The idea is not to break up or fragment services but to widen their scope and to identify the bodies that can deliver services most effectively. Certainly there has been a demand to see how local businesses working in an area can take greater responsibility for local services.
Lord Kennedy of Southwark
My Lords, it has struck me that we have not mentioned anything about the planning process. I am a councillor in Lewisham and the Brockley Road, which is in the area I represent, is a wonderful high street. It is vibrant and has many different types of shops there—there is a Co-op, a Budgens and other smaller shops—and the variety works. Lordship Lane, which is near to where I live, also has a great deal of variety.
However, there are other places which have problems and where there are not-so-good shops that are all very similar. This legislation may be part of the solution, but is there not an issue about the powers that authorities have in being able to use the planning process to ensure that they get a better variety of shops to serve their communities? You can find very good and very poor high streets close to each other, and the variety of shops, the kind of people who use them and the transport links can vary locally as well.
Lord Ahmad of Wimbledon
On some of the specific issues and more generally, the Government have sought to again look at the planning process to see how that may be improved. The concept of the changes we have seen—for example, in neighbourhood planning—allows local business areas and local people to set out what their planning priorities are. The move has been towards ensuring greater responsibility at a local level. However, we all share the noble Lord’s concerns. Local high streets are the lifeblood of what defines Britain today. The Love Your Local Market and Love Your High Street campaigns are not divided on political lines because we all support the incentive. Across the country, many local authorities of all political colours are currently looking towards their high streets and delivering and procuring good services from a variety of different providers. We need to recognise and applaud that—but, of course, there is always more work to do.
Localism Act 2011
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
First, I pay tribute to my noble friend for her sterling work in negotiating the Localism Bill through your Lordships’ House. With her experience, she is well placed to talk about community rights. I can inform my noble friend that there are now 900 neighbourhood planning areas in place. Twenty-eight referenda were held; all voted yes. Some 1,200 community assets have now been listed for community bids, including football grounds, pubs, allotments, piers and village halls. Eight assets have now been bought and the Government have allocated a further £25 million to the community shares issue.
Lord Kennedy of Southwark (Lab)
My Lords, I declare an interest as a member of Lewisham Council. I am delighted that early this month the ward I represent established the first neighbourhood planning forum in the borough—that was great news. Will the noble Lord agree to bring to the attention of the Mayor of London the Localism Act and what it underpins? In Lewisham we have seen that he pushed out local people, pushed out the local community, pushed out the local council and took over the determination of the Convoys Wharf development, which is the site of Henry VIII’s Royal Dockyard. The only “local” there was the anger of local people, who were excluded from the development.
Lord Ahmad of Wimbledon
The description of my friend, the Mayor of London, is not one that I relate to—certainly not the description given by the noble Lord. The important thing here is the Government’s commitment to localism. I have already alluded to some of the steps we are taking. It is notable that many schemes are taking place locally, where local communities, the voluntary sector, the private sector and, indeed, the local council are active. I know this from my own life. In Wimbledon Park, one of my old stamping grounds, Wimbledon Park Hall, which I was delighted to open recently, is a great example of a developer, a local authority and the residents’ association working together to deliver a lasting community asset for local people.
Criminal Justice and Courts Bill
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon(10 years, 4 months ago)
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Lord Kennedy of Southwark
My Lords, as I said on the previous group of amendments, we support this clause and the intention to oppose its standing part of the Bill is just a device to enable a debate to take place.
These amendments in the name of the noble Lord, Lord Marks, would remove the power of a police officer to determine whether there are exceptional circumstances under which an individual can be cautioned, and would also remove the power of the Secretary of State to change the period of time from the current two years which can be taken into account and counted as a previous conviction. It is important to provide a police officer with the ability to make this determination. I was pleased to hear the comment about a senior police officer being involved. The proposal to remove a power of the Secretary of State in this regard is not one that we are persuaded to support. However, I hope that the noble Lord, Lord Ahmad, will explain the intention behind these powers and the government process for determining whether they should be used. What parliamentary process will be used? It is important that there is adequate opportunity for robust challenge and scrutiny of what the Government are doing. I have no other remarks to add on cautions other than to say that there is concern about their use for indictable offences. We support the intention behind the clause.
Lord Ahmad of Wimbledon
My Lords, I thank my noble friend for tabling the amendment. I also thank the noble Lord, Lord Kennedy, for his general support in principle for the intention behind Clause 15.
Clause 15 places restrictions on the use of simple cautions by a constable. Simple cautions provide a means for a constable to deal with a person aged 18 or over who has admitted to committing an offence in England and Wales. A caution is primarily designed for dealing with low-level, mainly first-time, offending. While the use of cautions has been falling, it is clear that there are problems with how they are being used in certain circumstances.
The Government are clear that serious offences should always be brought to court. The Ministry of Justice publishes non-statutory guidance on how a simple caution should be used and the circumstances when a caution would not be considered appropriate. These provisions stem from the simple cautions review, which was itself prompted by public concern about the apparent misuse of simple cautions by the police for seemingly serious offending behaviour. The review set out to examine the way in which simple cautions were being used and consider the need for any changes to ensure that there continues to be public confidence in the use of simple cautions.
The outcomes of the review were published in November last year and concluded that simple cautions should not be used for indictable-only offences and certain serious either-way offences. These include possession of a knife, offensive weapon or firearm in a public place, offences involving child sex abuse or child pornography, and supplying Class A drugs. The MoJ guidance on the use of simple cautions was updated as a result and provides that a simple caution should be given for these offences only where a senior police officer believes that there are exceptional circumstances. I heard what the noble Lord, Lord Kennedy, said about further discussions on this. I am sure that we will have further detailed discussions on definitions.
The guidance also makes it clear that for all other offences a simple caution should not be given where a person has been convicted or cautioned for a similar offence in the past two years. The Government have now decided to put these restrictions on the use of simple cautions on a statutory footing. This clause therefore provides that a simple caution may not be given for indictable-only offences, unless there are exceptional circumstances to be determined by a senior police officer, and the Crown Prosecution Service also needs to consent.
This clause also provides that a simple caution may not be given for certain serious either-way offences unless there are exceptional circumstances to be determined by a senior police officer. The list of serious either-way offences subject to this restriction will be set out in secondary legislation. Furthermore, for the remainder of either-way offences and all summary-only offences, the clause provides that a simple caution may not be given where the offender has been convicted or cautioned for a similar offence within the previous two years, unless there are exceptional circumstances. The clause provides for the minimum rank of a senior police officer who determines whether there are exceptional circumstances and whether the previous offence was similar to be specified in secondary legislation. The two-year period between current and previous offending behaviour may also be amended by secondary legislation.
Our priority is to stop the cycle of reoffending and ensure that serious offences are dealt with by the most appropriate method. Criminals should not get caution after caution for committing the same offence time and time again, often for serious offences. The public needs confidence that cautions are being used appropriately. This clause helps ensure that this happens and will provide clarity for front-line practitioners. In developing these proposals we have worked carefully with the police and prosecuting agencies to ensure that simple cautions are used effectively and appropriately. The clause should therefore stand part of the Bill. I give this explanation in order to highlight some of the detailed reasons for the Government’s thinking behind Clause 15.
Amendments 25, 26 and 27 would remove the Secretary of State’s power to specify, by way of order, the minimum rank of police officer who will take certain decisions. The amendments also remove the Secretary of State’s power to change the two-year period when considering previous offending history in relation to non-specified either-way offences and summary-only offences. By tabling Amendment 25, my noble friends Lord Marks, Lord Dholakia and Lady Hamwee would remove the power to specify by order the minimum rank of police officer who may determine exceptional circumstances—for example, when giving a simple caution for an indictable-only offence or a specified either-way offence, and when giving a simple caution for a non-specified either-way offence or summary-only offence where the offender has been convicted or cautioned for a similar offence in the past two years. This means that there would be no restriction as to the rank of officer that would be able to make these decisions under Clause 15(2)(a), 15(3) and 15(4). This would mean, in effect, that the most difficult decisions as to whether to administer a caution for the most serious offences, and for repeated offences, could be taken by the most junior constable. This plainly cannot be right.
The simple cautions review made specific recommendations on the rank of officer that ought to take certain decisions. These recommendations were taken forward in the revised guidance on simple cautions, published by the MoJ on 14 November last year. It is anticipated that the order-making power, exercisable by the Secretary of State in relation to determining the rank of officer who can make such decisions, will replicate the provisions of the guidance. Namely, a superintendent or rank above will need to make the decision that exceptional circumstances exist so as to give a simple caution for an indictable-only offence. In addition, an inspector or rank above will need to decide that there are exceptional circumstances that justify giving a simple caution for a specified either-way offence or for a non-specified either-way offence or summary offence where the person has been convicted or cautioned for a similar offence in the past two years. It is important that we are clear on who can make these decisions and that there are restrictions on it.
Amendments 26 and 27 would remove the ability of the Secretary of State to amend the two-year period within which repeat cautions should not normally be given in relation to non-specified either-way and summary-only offences. This is a necessary provision. We are basing the two-year period on the same period set out in the guidance published by the MoJ that currently determines how simple cautions for such offences should be given. There may in the future be reasons to extend or, indeed, shorten the time period. The Government may wish to determine that repeat simple cautions should not ordinarily be given unless there are exceptional circumstances within a five-year period or, conversely, within a one-year period. This is the first time that we are placing statutory restrictions around the use of simple cautions, and there needs to be flexibility in order to ensure that the restrictions work properly. It is also worth noting that any such order made by the Secretary of State amending the time period must be made by the affirmative resolution procedure, and so Parliament will have a say in any change proposed.
I know that I have given a rather detailed explanation of the Government’s position but, in doing so, I hope that I have given enough reassurance and detail that my noble friend will be minded to withdraw his amendment.
Park Homes: County Court Judgments
Debate between Lord Kennedy of Southwark and Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
I thank my noble friend for his question, which raises a very important issue. Again, this comes down to the site owners, who are responsible for the provision of utilities on the sites. The Government are considering more effective enforcement and looking to work with local authorities to ensure that utility provision is effective and, as my noble friend has highlighted, specifically that the health and safety of people who often may be unable to fend for themselves is protected against unscrupulous site owners.
Lord Kennedy of Southwark
My Lords, why do the Government not monitor county court judgments? It would give them valuable information that they could use in policy development.
Lord Ahmad of Wimbledon
I have already observed that we have to strike a balance. The other side of the coin is that various options are open to people in pursuing county court judgments, which are decisions of civil courts. It remains primarily the responsibility of creditors to achieve a resolution. A range of measures is available, including warrants of execution, attachments of earnings, third-party debt owners and orders for sale, all of which can help in getting a resolution on outstanding issues relating to the obtainment of payment.