Localism Bill

The test is that the decision-making process is key and the councillor demonstrates the ability to listen to the argument and to vote accordingly at the time of the decision-making. That is the current position in law. There is no suggestion that because somebody has campaigned on an issue they should not be free. Indeed, I think the House would acknowledge that people who have campaigned on issues should be free, as long as they demonstrate at the point at which the decision is being made that they have been prepared to consider opposing arguments. The fact that they have voted in accordance with their previous position does not necessarily mean that they predetermined the decision. That is precisely what this clause is designed to make clear. I hope noble Lords will understand that this is a genuine attempt to provide clarification on a difficult area. To the extent that Amendment 165B has been tabled to suggest that this should be subject to review, it is unnecessary because, as we stated in our published impact assessment for this provision, there will be a post-implementation review to ascertain its impact. It will provide all the information that noble Lords have been seeking through presenting Amendment 165B. I hope the noble Lord will withdraw the amendment.