Local Government and Public Involvement in Health Bill

Amendments Nos. 116 and 159C would amend the Local Government Act 2000 and remove the Secretary of State’s powers to make regulations providing for new forms of executive. Amendment No. 149A removes the reference in Section 33L of the Act, as inserted by Clause 64, to the procedure for moving from directly elected leadership arrangements to new forms of executive arrangements provided through Section 11(5) of the 2000 Act. In short, they would remove the Secretary of State’s regulation-making power, provided for in Section 11(5) and (6) of the Local Government Act 2000, which enables the Secretary of State to make regulations prescribing different forms of executive arrangements. We have just concluded a lively debate about executive arrangements, but the amendment would narrow the range of choices and executive arrangements that we can make available to authorities. The noble Lord, Lord Greaves, believed that our proposal to allow local authorities to choose to operate a directly elected executive would render superfluous Section 11(5) and (6) and asked why they were necessary. They provide for new forms of executive, including where some or all of the executive members are directly elected. He is correct that they provide for new forms of elected executive arrangements. However, they also allow for any new executive arrangements. We set out the three models in the White Paper, but other models may come forward in due course. It is important to retain the powers in Sections 11(5) and (6) so that we can respond to any local authority that feels it has a better idea or something that would facilitate better leadership. If we do not leave the power where it is, the only opportunity a local authority would have would be to wait for the next bout of primary legislation. The powers under the Act provide for flexibility, and I am sure that noble Lords would want that. I understand that the requirement of a two-thirds majority reflects that the council would be adopting a model that was wholly innovative and which had not been specified in the Bill. That brings the opportunity to innovate as well. I hope that that answers the question. Removing the power would reduce flexibility and future choices.