Localism Bill

My Lords, again we are having a major discussion on the amount of regulation in the Bill and the amount that we can try to remove as time goes on. My noble friend Lord Jenkin has been very clear all the way through that he thinks that there is too much this prescription within the legislation. Sometimes I have agreed with him as in the area committees on which we have removed all the regulation today and sometimes we believe that there is a rationale for that amount of detail in the Bill. Some of what I will say falls along those lines. Where we have been able to take part out as in my previous amendments we have done so, but there are still areas where—I hate to disagree with my noble friend Lord Jenkin—we are not quite on the same track. I will briefly go through the amendments that my noble friend has tabled and give my reasons why we may not be able to accept them. Amendment 155 deletes new Sections 9MD and 9ME from Schedule 2 to the Bill. These new sections replicate the safeguards which the previous Government sought to establish and which this House approved, so I hope that we will have support from noble Lords opposite. They enable the Secretary of State to ensure that local people can have their say on governance arrangements if needed—for example, in cases where referendums have not been held when required or where unreasonable arrangements or timeframes are being proposed. It could be argued that these powers are not necessary given the provisions in new Section 9N, but we do not believe that to be the case. Orders under that new section can require only a mayoral referendum and not referendums on any other form of governance—unlike the provisions in new Sections 9MD and 9ME. Amendments 158 and 159 would remove the ability of the Secretary of State to make regulations about the conduct of governance referendums. As I have tried to explain, I have listened carefully during the course of our proceedings to concerns about the amount of delegated powers, but I am afraid that I am not going to be able to agree with the amendments. As with many provisions in Schedule 2 to the Bill, the power in new Section 9MG to make provision about the conduct of local governance referendums replicates an existing power in the Local Government Act 2000. Regulations were last made under the 2000 Act in 2007. Our broad intention is to replicate these regulations when bringing forward new secondary legislation under this provision in the Bill. The current regulations cover all aspects of organising and conducting polls at governance referendums, including the opening hours of polling stations and the content of ballot papers, ensuring polls are held in accordance with the practices for an election. Given the importance of the referendum’s subject matter and the fact that the result will be binding on the council concerned, I think that not only are these regulations needed but that the level of detail about the procedure to be followed is appropriate. It is vital for local people to be assured that robust, fair, open and consistent arrangements are put in place for governance referendums in order for them to feel that their vote will count. Should noble Lords accept our Amendment 162, regulations made under new Section 9MG will be subject to affirmative resolution procedure. Accordingly, I hope that noble Lords will have the opportunity to debate and consider the content of the regulations before they are made. Amendment 159A seeks to delete the Secretary of State’s power in new Section 9N to make an order requiring specified local authorities to hold a mayoral referendum. This power is central to delivering the coalition agreement commitment to create directly elected mayors in the 12 largest cities in England, subject to confirmatory referendums. The power in new Section 9N to provide for mayoral referendums in our largest cities does just that, and nothing more. It will allow for local people to make their choice at a referendum, and in those cities where there are votes in favour of the mayoral model, for the city to be governed by an elected mayor. Amendment 204 would remove the requirement—the noble Baroness, Lady Hamwee, touched on this—for bodies subject to the duty to co-operate to, "““have regard to any guidance given by the Secretary of State about how the duty is to be complied with””." The duty to co-operate signals a significant change in the way that strategic planning will happen. There are conflicting views on whether the duty to co-operate will be overly prescriptive—the point my noble friend Lord Jenkin was making—or too flexible. Indeed, we have been criticised by some in the House for the lack of prescription in our approach to strategic planning and have debated amendments to define the outputs, process and boundaries to be used by local councils. We consider that strategic planning needs to be a flexible process that allows councils to decide how best to serve their local communities, businesses and interested parties and we continue to reject prescriptive approaches. A duty to co-operate is intended to drive a culture change and new spirit of partnership working in the ways that councils and other public bodies work on strategic planning matters. It will be vital that councils and their partners rise to the challenge. Any guidance issued will be light touch rather than prescriptive, will focus on ensuring the efficient introduction of new policies and will be produced in consultation. In the light of the explanation I have given, I hope that my noble friend will be willing to withdraw the amendment.