Local Government and Public Involvement in Health Bill

I found that exchange extremely helpful. Last week, I asked the Local Government Association to give me any comments that it might have on these clauses—particularly regarding why they are necessary—because I had thought that under Section 10 of whatever Act local authorities could come together to undertake this sort of activity. Therefore, I did not understand why the clauses were required. The answer, which came via the LGA from Defra, was that there is a series of consequential amendments, but that did not take me a whole lot further. However, I understand from the point made by the noble Lord, Lord Bruce-Lockhart, that these clauses are a bit more restrictive in that they specify ““all”” authorities, and if all the authorities in a geographical area cannot agree, then none of them can. I understand the logic behind that to an extent but it needs to be clearer. In the last exchange, we heard that under these provisions the arrangement is voluntary, but I would question that. The Secretary of State can impose financial provisions under Clause 206(6)(d), and I was left wondering what would happen if an authority had to have a financial provision imposed because it did not agree. Would it mean that it would back out and the whole thing would collapse? That might be intended because it might be a way of ensuring that authorities come to an agreement. Under Clause 208(5) and part of subsection (4), the Secretary of State can exercise his powers, in effect, to modify a scheme that is submitted to him when all the authorities ask him to, which is fair enough, or when he considers it necessary to do so. That does not sound like voluntarism in its entirety. Under Clause 208(6), the Secretary of State may, by order, exclude any functions from those for which a joint waste authority was established. Initially, I intended to ask what this was about but now I also make those points—let me put this in a positive way—to enable the Government to explain why these provisions are required in what we understand to be a voluntary arrangement.