Localism Bill

My Lords, I am glad that the noble Lord, Lord Beecham, is not seeking to get me out of my job just yet. I thank him for that. There is a little overexcitement about Clause 5(1)—not that the noble Lord ever raises his voice excitedly. However, there are concerns that are not necessary. Amendment 109A would prevent the Secretary of State making any orders under Clause 5(1) and (2). That would mean that he could not even amend the long list of legislation set out in Amendment 119E. However, it would give him order-making powers to add to the legislative list; he would be able to add but not to take away. The power in Clause 5(1) is a power to remove restrictions and limitations to the legal capacity of local authorities that prevent them exercising the general power of competence. I think that we all want to see them have this general power. The clause must be read in the context of that power, which is a power to do things that an ordinary individual can do. It is not a power to remove any duty or obligation placed on local authorities, such as many of those listed in Amendment 119E, where such duties or obligations do not restrict or limit the capacity of the local authority to do things that the individual can do. Noble Lords must hang on to the word ““individual””; that is the important aspect. We do not consider that Clause 5(1) could be interpreted—the noble Lord addressed this and understands it—as allowing the Secretary of State to amend the requirements of, for example, the Equality Act or the Human Rights Act as they apply to local authorities. These Acts place broad duties on public authorities, including individuals, so they cannot be part and parcel of this power of competence. These Acts are not a restriction or limitation in the legal capacity of the local authority, so the power could not be used in the way suggested for these or any other similar legislation, just as it could not be used to exempt local authorities from prohibitions contained in criminal law. We have listened to concerns, and amendments were brought forward in the other place, which are now in Clause 6, to place restrictions and limitations on the power in Clause 5(1). We believe these provide additional safeguards so that there can now be no doubt about the scope of the power. It does not permit the removal of essential duties, protections or rights from the Secretary of State. I also confirm that, as part of the consultation required by Clause 5(7), it will be appropriate to consult every person or group of persons, or their representatives, who will be substantially affected by the proposal. The results of any such consultation would have to be presented to Parliament, and then Parliament could veto the order. The noble Lord asked me whether Parliament would be involved in this. As I said, Clause 5(7) is also modelled on what is in the Legislative and Regulatory Reform Act. The procedure to be followed would be negative, affirmative or superaffirmative, and that would be ultimately determined by Parliament. This matter has been put to the Delegated Powers Committee, which has no difficulty with that and has expressed itself on side with the procedure. We believe that these amendments are unnecessary. We are trying to give local authorities as much power as we can, but we realise that some of that is going to come eventually from Parliament. There are restrictions on the powers of the Secretary of State in these procedures. Local authorities are not going to have completely unfettered power with the general power of competence, but it will be much wider than it is at the moment. I hope that I have answered the noble Lord satisfactorily about the involvement of Parliament if the Secretary of State were to use these powers, so I hope noble Lord will feel able to withdraw his amendments.