Localism Bill

Debate between Lord True and Lord Brooke of Sutton Mandeville

Monday 10th October 2011 Lords Chamber

[Lord True]

My Lords, I do not wish to inject a note of dissent entirely, because noble Lords who were in Committee will know that I was one of those who was extremely critical of many of the prescriptive aspects of what was laid out in the Bill. Indeed I have laid amendments with my noble friend Lord Howard to raise the question of whether referendums might be binding in certain circumstances.

I do not fear the use of referendums; they will be possible, and I hope that in endorsing the decision of the Government, the message will not go out from the House that somehow referendums are in all circumstances undesirable or unwanted. I know that that is not the Government’s intention otherwise they would not have presented us with the Bill in the first place, but in the general maelstrom of enthusiasm that I am sure will follow this announcement, it is important for someone to place it on the record that in terms of localism and popular voice, a referendum can be a powerful and legitimate weapon of public power and authority.

One of the problems with what was drafted by the Government was not only its prescriptiveness but of course the ease with which it could be used, which led to all the problems of cost and potential abuse, and that is where we got into a number of difficulties. The noble Lord, Lord Beecham, withdrew an amendment which was effectively going to restrict the ability of one or two councillors to interfere or manipulate the process of these referendums.

Since we are going to discuss this matter late here tomorrow in relation to neighbourhood orders, Amendment 207, which gives the power to individual ward members to exercise a stopping power, is not desirable. That reason why the Government’s referendum provisions are not desirable is a good reason why I support the Government’s action in withdrawing this. It is important to state that, from my perspective as the leader of a local authority, a referendum is a weapon that can and should be used and should be accepted by those in local government.

[Lord Brooke of Sutton Mandeville]

My Lords, I shall be extremely brief. My morale has been sustained throughout the Recess by the prospect of shortly moving Amendment 195ZB, in which I see I have the support of the noble Lord, Lord Beecham. That amendment is directed at the issue that the noble Lord, Lord Greaves, has addressed. I tabled it at the request of the British Retail Consortium. If it makes any difference to any doubts in the mind of my noble friend the Minister about what she is about to say, she will have the British Retail Consortium on her side when she does so.

I am less sure that Amendments 195D and 195E to Clause 59, which are in my name, will now be unnecessary. If we are to have a break for dinner, there may be an opportunity to find out whether they need to be moved.