UK Parliament / Open data

Housing and Regeneration Bill

My Lords, I hope that this is not going to sound churlish. We did issue an invitation to see whether the noble Baroness could improve on what we have set out in Clause 33. Having considered her suggestions carefully, we consider that the original formulation was better. Replacing a specific list with a general provision could leave room for doubt as to what the HCA can provide, and it is therefore important to have the capacities regarding the encouragement and development of new businesses, the provision of employment and of safe and attractive environments and so forth spelt out directly. They reflect the characteristics of what comprises regeneration in many areas, whether carried out under the New Deal for Communities or otherwise. It is important that there should be no doubt about the nature of the community services that the HCA will offer. I appreciate that the noble Baroness has struggled with this, but I suggest that the clause is sound because while it retains the specific elements that leave people in no doubt, they are balanced by the provision in paragraph (h) to ““provide other community services””. That will cope with the breadth of what she is aiming to do in her amendment without losing the specific instruction, as it were, set out in the other paragraphs. I hope that the noble Baroness is not too disappointed or maddened by this response, but perhaps there is some solace in the government amendments we are bringing forward in response to an important point made by the noble Lord, Lord Greaves. He said that things often sound bizarre if you turn the wording around, and that it is sometimes useful to see whether the wording makes sense when turned into a negative. He concluded, as did the noble Lord, Lord Dixon-Smith, that the wording of paragraphs (e) and (f) is flawed. While I do not think that anyone would disagree that the sentiment of the original wording of these two paragraphs is right, we have reflected on the point. It seems entirely sensible in terms of both the legislation and the English language to bring forward the amendments. They provide that the HCA ““may assist in”” preventing or reducing anti-social behaviour and crime and the, "““fear of anti-social behaviour and crime””." That makes better sense than the previous incarnations by making it clear that the HCA will have a role to play in combating these problems, but of course the agency could not achieve those goals on its own. That goes to show how careful one has to be in drafting legislation. As we considered in Grand Committee, as part of creating sustainable communities, it will be important to ensure that whenever possible anti-social behaviour and crime are positively designed out in the first instance. But it may also be necessary for the HCA to undertake activities of this nature in established communities, and thus contribute to sustainable development in what are living communities. I hope that we can agree that we have improved the clause, and I can tell the noble Lord, Lord Brooke, that there is an automatic process that will swing into action when the amendment replaces the previous wording. It will happen as if by magic, and neither he nor I has to do anything about it. I hope that that will bring some comfort to him.
Type
Proceeding contribution
Reference
703 c603-4 
Session
2007-08
Chamber / Committee
House of Lords chamber
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