Localism Bill

Nigel Evans Excerpts

Monday 7th November 2011 Commons Chamber

Consideration of Lords amendments

[Mr Deputy Speaker (Mr Nigel Evans)]

I must draw the House’s attention to the fact that financial privilege is involved in a substantial number of Lords amendments, which will be listed in the Official Report. If the House agrees to the amendments, I shall ensure that the appropriate entry is made in the Journal.

[Following are the Lords amendments in which financial privilege is involved: 3 to 12, 23, 29, 40, 49, 50, 54 to 60, 62, 64, 66 to 69, 72, 74 to 115, 131, 148, 150, 157 to 165, 225, 226, 250 to 254, 257, 260, 294, 295, 302, 312, 334, 335, 337 to 344, 349, 371, 376, 377, 387, 389, 395, 399 to 402.]

Clause 9

General powers of certain fire and rescue authorities

[The Minister of State, Department for Communities and Local Government (Greg Clark)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker]

With this it will be convenient to consider Lords amendments 2 to 13, 231 to 233, 242 and 399 to 403.

[Greg Clark]

For the best part of a century, most Bills that have passed through this House have taken power from communities and councils and given more power to central Government, or in some cases to European government. This is an historic Bill, not just for the measures it contains but for what it represents. It is about striking out in a different direction. Power should be held at the lowest possible level. We want this to be the first Parliament for many years that, by the end of its Sessions, will have given power away.

That is true for many of the Bill’s provisions—the community right to challenge; the community right to bid for assets of public value; the abolition of regional spatial strategies; the introduction of neighbourhood planning—but nowhere is it more significant than in clause 1, which deals with the general power of competence. The general power of competence changes the default position. Currently, local government exists to do the things that central Government require it to do. Clause 1 turns that default position upside down. Local government can do the things that it thinks are right, unless they are positively banned. What is not forbidden is permitted. The question for councils is not, “Can we do this?” but, “How can we make it happen?”