Lord Newton of Braintree
Main Page: Lord Newton of Braintree (Conservative - Life peer)Localism Bill
Lord Newton of Braintree Excerpts
Lord Soley
I am going to intervene very briefly. First, I apologise to the House for not having been involved in this long and very complex Bill before. I am intervening now because I am a member of the Delegated Powers and Regulatory Reform Committee, which met yesterday to look at this Bill. We have a real problem with this incredibly complex Bill, and with many amendments coming forward, in understanding the full implications of some of the sections. I want to refer to some aspects of the report which is out this morning as a result of the meeting we had yesterday. Two of the sections relate both to petitions and hybridity and to referendums. I am not sure that they strictly apply to the Minister’s new clause but they apply in general on the issue of referendums.
In his opening comments the Minister agreed the possibility of a local authority being able to decide whether it wants to hold a referendum, which is fine. However, in paragraph 31 on page 9 of the committee’s report we recommend that regulations under Section 9MG of the 2000 Act, which is added in the Bill—they relate to,
“the conduct of elections and referendums the results of which have significant legal effect”,
and we had quite a discussion on that yesterday—
“should be subject to affirmative procedure”.
I am sure that the Government will consider that in the usual way. Given that we only had an opportunity to look at this yesterday, it is quite difficult to get this in the precise position.
The other thing I wanted to mention, because it affects petitions and hybridity, is the recommendation in paragraph 29 on page 9 of our report, which refers to the hybrid instruments procedure. It says:
“Given the lack of any statutory requirement to consult before making an order under section 9HF, the Committee is concerned that the disapplication of the hybrid instruments procedure—and thereby the opportunity to petition Parliament—leaves inadequate means to ensure private or local interests are taken into account when the power is exercised”.
We wish to draw that power to the attention of the House, as we do in paragraph 32 to the,
“disapplication of the hybrid instruments procedure by paragraph 77 of Schedule 3 to the Bill, so that the House may satisfy itself that there will be suitable alternative procedures in place”.
I do not wish to delay the House with an issue with which I have not been involved and do not have great knowledge about, but we expressed considerable concern yesterday about some of the powers in this Bill. There are others in our report, but the two I have focused on are, first, the conduct and the effect of referendums where they might have a legal impact. There was considerable discussion on what would happen if it went to court on an appeal. The second was this issue of hybridity. That is not directly relevant to what the Minister has just said but it picks up on the point made by the noble Lord, Lord Greaves, about petitions. It is an area of which the House needs to be aware and I very much regret that this is all rather rushed from the way the legislation is being put through. My ability to assimilate this enormous Bill in the fewer than 24 hours since the Delegated Powers Committee met yesterday might put me slightly out of the normal amendment procedure, but the two issues have a general impact and I hope that the Minister will take them into account. I know that the Government will respond to the report in the usual way but, speaking as a member of the committee and not on behalf of it, anyone who reads our report—I hope that people will have a chance to look at its main recommendations today even though it is very short notice—will see its considerable importance for this Bill.
Lord Newton of Braintree
My Lords, declaring once again my wife’s interest as a councillor and, I suppose, my interest in my wife, I speak with some diffidence in a House awash with experts with experience of local government in one way or another. I am one of the few without that. All that I want is to ask a question for clarification, which picks up on the questions raised by my noble friend Lord Greaves. It is clear that these amendments are intended to deal to some extent with the concerns expressed about planning and licensing. I should like to be absolutely clear. The new clause on petitions and special cases to be inserted under my noble friend the Minister’s amendment refers to a special-case petition. I am shorthanding and if I am getting it wrong, I expect someone will tell me.
The proposed new clause says that if it is substantially the case, people have,
“a statutory right of appeal in respect of the substance of the … decision, or … a statutory right to instigate a review of the substance of the matter or decision”.
From my experience as an MP, my understanding is that if it is your planning application and it is refused, you have a right of appeal. But if you are the neighbour or the neighbourhood who objected to the planning application and it is granted, you have no right of appeal. Does that mean that if you are the neighbour or the neighbourhood and the planning application is granted on planning grounds, you can now instigate a petition and have a referendum on the granted planning application?
Lord True
My Lords, I might try to comment on the important points made by my noble friend Lord Newton of Braintree in a moment. It is a complex and important area, on which I expect we will have to have discussions as the Bill proceeds. In the main, I welcome the amendments laid by my noble friends and I am grateful for them in terms of their clarification. I have a number of concerns, which are perhaps not addressed by these proposals.
Since I was in charge of my authority’s finances for some time, it would be alarming if I did not understand the council tax requirement. In my authority the council tax requirement is defined in our budget resolution currently at a little more than £100 million. Therefore, 5 per cent of that sum would be several million pounds. I know that our authority is exceptional in terms of having a heavy requirement on council tax to raise its resources but I do not think that we would find that provision helpful in resisting referendums. I should be grateful if my noble friends would give some consideration to that rather brutal financial reality as the Bill proceeds.
As regards the other elements, the power for a proper officer to determine whether something has substantially been affected and might be the subject of a referendum was a rather localist answer to the points made by my noble friend Lord Greaves. In the light of local circumstances, it is probably reasonable to leave it to the local authority to make that kind of determination and I welcome that wording. Being an arch-localist, I am slightly less fearful of referendums than some other noble Lords in this Committee. Four years may be too long in certain circumstances but I can see nothing in this provision that prevents a local authority from authorising a referendum in less than four years if it wishes to do so. It simply defends the local authority against the vexatious demand to have a referendum more frequently than four years. If I have interpreted it correctly, I would be happy to accept the provision as a welcome offer by the Government and a very useful compromise position.
I have troubled the Committee before on this matter and I am afraid I will trouble it later on it, but I am worried about the way in which this alleged referendum right will operate in those areas of the country that are still subject to regional government—again I declare my interest, as I have done several times in Committee, as leader of a London borough council. This has an inter-relation with the position not in terms of specific, small-scale planning applications, about which my noble friend Lord Newton has raised a point, I believe, but in terms of the planning process determining a planning brief for an area of a borough.
Yesterday I read that the mayor, whom I strongly support and wish to see re-elected, had intervened on a planning proposal by a London borough. I do not wish to comment on that because I do not know the circumstances on either side, but let me give an example with which I am more familiar. There is a strategic site within my borough. For the last year or so, the council has been making strenuous efforts to agree, with local residents, a community brief for that site when it comes up potentially for development. We hope to have that brief adopted by our borough council before too long, subject to a public ballot. It may well be that at a later date, perhaps propelled by a desire for a community infrastructure levy, to promote Crossrail or for some other purpose, another mayor might come along and say, “This is not an appropriate planning brief for this site. We have a regional authority and a regional spatial strategy and we wish to propose a different use for that site”. It might have more housing or less housing on it, more industry or whatever, and that could be put forward. What is the position then of the residents of a London borough in those circumstances, who have laboured to agree a community brief for a large site that may determine the character of that part of their borough? It has been their choice in the spirit of localism for a long period, and then a higher authority, a reasoned authority, says, “No, it is not going to be that way”. Can we have a referendum on that; and, if so, by what mechanism?
I agree with noble Lords who said we do not want to get into having referendums on every planning application; that way lies the road to perdition. However, I believe that there are circumstances such as the one that I have set out where—if we are charting this way towards genuinely giving local people authority over decisions that affect their lives, and the lives of their children in terms of the long-term decisions on the development of a substantial area of a city—it is clear that we must have some mechanism by which people have the right to petition against an authority that is overriding the settled will of the local community. Maybe my noble friends can assure me—not today but perhaps later by correspondence—that there is a mechanism by which my local residents can be insured against the fear of that happening, but I think there are serious potential difficulties. There could be smaller examples. Like my noble friend Lord Greaves, I am not clear on where the boundaries of the statutory right of appeal lie, and the noble Lord, Lord Newton, has obviously raised a point. My residents in this case, with their community brief, would not necessarily have an appeal. What about transport issues or something controversial such as parking? All these things have statutory procedures and provisions for consultation. Where do the bounds lie there? I do not know whether they would be open to petition or not. Again, I do not expect an answer today.
Let me posit another example, a real-life one from another London borough. I was speaking to the leader, who told me that a town centre improvement scheme was proposed by a central London authority after consultation with local residents. The local authority suggested amendments that were supported by the residents in a ballot, but the higher authority, in this case London Buses, came in and said, “No, we don’t agree. We are going to proceed with our original plan”. Do local residents have a chance to petition and say, “Actually, we like our plan rather than the one being proposed by the higher regional authority”? That is a much smaller example than the one of a statutory planning area, but it is a complex area.
I do not seek an answer from my noble friends on these matters today and I do not want them to feel that I am not grateful for the amendments that have been put forward. But there is a serious issue in the Bill in relation to the rights of members of the public living in areas where there is still regional government.
Lord Taylor of Holbeach
That is a suggestion that we would like to consider. It is the spirit of this Committee that we appreciate approaches that are different from the text of the Bill and might define things better. I am happy to consider that matter and I thank the noble Lord for the idea.
Lord Newton of Braintree
Before my noble friend sits down and the experts start coming in, I welcome the clarity of his statement about planning applications, leaving aside the more complex high-level issues raised by my noble friend Lord True. Thinking back on my time as an MP, I see that it would sometimes have been very pleasing to have been able to point constituents aggrieved by the granting of an application in the direction of a petition. Looking at it objectively, though, I am bound to say that the whole area of the application of planning policy would turn into a nightmare world, so I very much welcome the clarity of what has been said.
Lord Soley
I again apologise. I would not normally come back on this issue, but it is very important. The job of the Members of this House and of the House of Commons is to hold the Executive to account. I had a note put into my hands a few moments ago from Hansard saying:
“Please may we have sight of the report you quoted from”.
The note then says in brackets:
“(The copy from the Printed Paper Office finishes on page 8 with section 25)”.
Of course, I was quoting from clauses after that. I picked up the papers just before Questions finished. This means that anybody else who came into the House for this debate this morning probably would not have got a copy of that report; here I am grateful for the comments and support of the noble Lord, Lord Jenkin. It is hard to hold the Executive to account if Members cannot get a copy of a report which is regarded as important by the House in all cases.
Having handed the note in—which is I why I was not in my place when the Minister referred to me, as I was trying to get it—it has now gone, and they are now going around looking for another report. It is deeply unsatisfactory. One reason the Government are getting into problems in a number of areas is that business management is failing. The noble Lord, Lord Newton, and other Members on that side of the House who have been familiar with managing government business in previous years will know precisely what I mean by this.
I emphasise that, like all members of the Delegated Powers and Regulatory Reform Committee, I am aware of the sort of Bills we will have to look at in advance. When you get something like this, you make yourself aware of the basics but do not get down to the detail until you are close to the date of the Delegated Powers and Regulatory Reform Committee meeting and when you are in that meeting. You have to go into the small print to get it in order and so it is very difficult to speak to it the following day when the report has not been available to any Members of the House except those who were fortunate enough to get a copy before I picked up what must have been one of the last ones. That is deeply unsatisfactory. The Government should take this very seriously.
I know that the Government take seriously the reports of the Delegated Powers and Regulatory Reform Committee. Indeed, since I have been a member, most of our recommendations have been accepted. This Minister, most notably, has been very good on this as well. However, we are looking at how the Executive are held to account by the House. To have a situation develop where a particularly complicated and large Bill like this is before the House and an important report from the Delegated Powers and Regulatory Reform Committee is not readily available must cause concern. You cannot even refer to it. Obviously, I knew what the arguments were because I was in the committee meeting yesterday, but it is not satisfactory and I think a number of Members know it. Although I welcome the Minister’s comments that he will be taking on board the committee’s report, that is like saying, “We hope that we will be able to meet the committee’s concerns” when it might be too late after that until we get to Third Reading.