Localism Bill Debate

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Monday 12th September 2011

(13 years, 3 months ago)

Lords Chamber
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Lord Beecham Portrait Lord Beecham
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My Lords, I welcome the noble Baroness’s acceptance of the concerns that were raised and their reflection in this group of amendments. If we could have similar co-operation over the rest of the Bill, we would be delighted—and surprised.

Lord Tope Portrait Lord Tope
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My Lords, it would be remiss of me not to welcome the amendment from this side of the House, too. We are very pleased.

Amendment 120 agreed.
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Baroness Hanham Portrait Baroness Hanham
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My Lords, I am giving prezzies all through this part of the Bill. I cannot believe it. It seems an unusual situation, which is why I am commenting. In Committee, my noble friends Lord Tope and Lord Palmer of Childs Hill tabled amendments aimed at removing any delay between the time a local authority resolves to change its governance arrangements and the implementation of that change. During the debate, I stated that I had some sympathy with the points raised by noble Lords, particularly about the time that has to elapse before changes in governance arrangements can be implemented.

Having taken this matter further, I am happy to tell noble Lords that Amendments 152 to 154 build on their amendments to deliver the desired effect. In essence, these amendments provide that, after a passing of a resolution to change governance arrangements, a local authority can make that change, in the case of moving to the mayoral model, three days after the election of the first mayor; in the case of moving from the mayoral model, three days after the end of the term of office of the serving mayor; and, in all other circumstances, including moving to the committee system, at the first annual meeting after the resolution or such other later annual meeting specified by the local authority itself in its resolution to change governance arrangements. Local authorities therefore will be able to resolve at any time to change their governance arrangements and implement those changes without any unnecessary delay and at a time that best suits their circumstances.

In Committee, there were clearly concerns that there was a hiatus between a proposal put forward for new governance and its being able to be implemented. It seemed quite a long time, so we have taken account of that and I hope the amendments make it clear that there need not be any delay. I beg to move.

Lord Tope Portrait Lord Tope
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My Lords, I thank the Minister for expressing her sympathy for what we were saying so well tonight. We of course welcome these amendments. I had the distinct impression that because of this not being perhaps a major part of the Bill, the Government had not properly taken account of the effect that if those councils which wished to change their governance arrangements now, as soon as they are able to under this Bill, had whole council elections, as we have in London and a number of other parts of the country, they would be waiting until after 2014 to be able to make the changes. Those councils which had whole-council elections this year would have to wait another four years to do it. That made no sense so I am pleased that the Minister recognised that and I welcome these amendments.

The amendments will be particularly welcome in a number of councils—certainly ones in London that I know of—which have, in effect, already changed their governance arrangements but hold meetings of the executive after the committee meetings. The meeting of the executive lasts for five minutes and agrees with every decision just taken by the committee. That is the procedure they use in order to get around the system as it is at the moment. It would clearly be even more of a nonsense if that sort of thing were to carry on for another two or three years. I welcome these amendments very much and I know that they will be welcomed in a number of councils, including my own, which are intending to make these changes as soon as the law permits.

Lord Beecham Portrait Lord Beecham
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My Lords, the ingenuity of the noble Lord’s colleagues defies description. I certainly welcome this sensible amendment. However, it is timely to say a word in favour of the leader and executive model and, in particular, to draw attention to the one part of the recent publication by the noble Lord, Lord Adonis, with which I agree. In relation to elected mayors, the paper makes a strong point. I told him that I agreed with something he had written and he was surprised. The relevant part is the emphasis that he makes about the need for a strong and independent scrutiny function, with which I entirely agree under whatever system is operated—be it mayoral, leader and executive or a straight committee system.

There are those who are still in love with the old-style committee system; the notion that you have a collection of Socratic city elders engaged in philosophical dialogue about the affairs of state in a particular borough or authority. I am bound to say that that does not accord with my own experience, particularly after serving for many years as chairman of committees, leader of the council, and so on.

When I departed to the Siberian power station of the arts and recreation committee, having given up the leadership and any other executive position—by choice I may say; it was self-imposed exile—I discovered that as a back-bench member of the traditional committee system one’s influence was pretty limited. When you are in the chair you can move things on quite briskly: you have an agenda and you get it through. When you are a back-bench member you usually have a political group meeting beforehand. It may last about an hour and there are 12 or 15 of you, which gives an average of four or five minutes each. The point of the formal meeting is to get it over with as quickly as possible. In reality, very little of the purported scrutiny takes place in the traditional committee system nor is there very much influence over policy.

That was summarised for me most effectively one day—I hope your Lordships will forgive this brief anecdote. I had missed a committee meeting of the arts and recreation committee but went to the next one. I read the minutes, which said that a member had raised a question about birds eating the grass seed in the Leazes Park allotments. I thought to myself, “Has it really come to this?”. We had an £800 million budget, with goodness knows how many problems and opportunities to debate, and the most the member could think of to raise at a committee meeting was birds eating grass seed at an allotment. I do not say that that entirely characterises the committee system, but there is some danger of that happening.

The main thrust of my, perhaps somewhat tedious, observations is to recommend that, whatever the circumstances, there must be a strong and independently sourced scrutiny role, not only to hold the executive to account, because perhaps too much of scrutiny has been based on a retrospective look at the actions of an executive, but to look forward, and, as it should be, in an unwhipped forum, at policy, development and so on. That is not incompatible with a committee system, but in reality, in my experience, it rarely took place that way. It needs a push for strong scrutiny and I hope that irrespective of the provisions of the Bill, the Government will encourage authorities to maintain and enhance that scrutiny role, whatever type of authority they are and whatever model of governance they adopt. I certainly would not oppose these amendments to give councils the option to choose their own system.

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Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach
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My Lords, perhaps we could reconsider government Amendment 152.

Lord Tope Portrait Lord Tope
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I would be enormously grateful if the Minister could move the amendment that we have just welcomed, but my understanding is that she has withdrawn it.

Baroness Hanham Portrait Baroness Hanham
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My Lords, I thought that I had said, “I beg to move”.