Local Democracy, Economic Development and Construction Bill (HL). Lords Committee stage third day. Clauses 5 to 10 agreed to. Clause 11 under consideration. Grand Committee held in the Moses Room.
Local Democracy, Economic Development and Construction Bill [HL]
Type
Parliamentary proceeding
Reference
707 c1-60GC 
Session
2008-09
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Local Democracy, Economic Development and Construction Bill (HL). Explanatory Notes HL Bill 2-EN also published.
Thursday, 4 December 2008
Bills
House of Lords
Thursday, 4 December 2008
Bills
House of Lords
Proceeding contributions
Baroness Hamwee | 707 c2-3GC (Link to this contribution)
Perhaps that is not the best phrase to use today. Funding from central government to local authoriti...
Show all contributions (93)
Baroness Andrews | 707 c24-7GC (Link to this contribution)
I am overwhelmed by the welcome that the noble Lord, Lord Greaves, has given the clause in both its ...
Baroness Andrews | 707 c54-5GC (Link to this contribution)
I shall draw a veil over this; let us press on.
We want to have a balance of access and burden. Wit...
Lord Greaves | 707 c47-8GC (Link to this contribution)
This is a long group—I shall speak also to Amendments 82, 85, 86, 91, 105, 116 and 137—but they are ...
Baroness Andrews | 707 c44GC (Link to this contribution)
They will not have to dismantle their schemes. We are putting a duty on councils to create a legal s...
Baroness Andrews | 707 c19-20GC (Link to this contribution)
I got the date wrong, by the sound of it, but I remember that there was significant development in l...
Lord Greaves | 707 c22GC (Link to this contribution)
Clause 10: Electronic petitions
Amendment 78
78: Clause 10, page 6, line 33, at end insert—
““( ) ...
Baroness Harris of Richmond | 707 c1GC (Link to this contribution)
If there is a Division in the Chamber while we are sitting, the Committee will adjourn as soon as th...
Baroness Hamwee | 707 c2GC (Link to this contribution)
Before I speak to my amendments in this group, I should like to thank noble Lords for their kind mes...
Baroness Warsi | 707 c3-4GC (Link to this contribution)
I welcome back the noble Baroness, Lady Hamwee. She will have noted in Hansard our good wishes and t...
Baroness Hamwee | 707 c2GC (Link to this contribution)
I am very happy to be joint with the noble Lords, Lord Graham of Edmonton and Lord Jenkin of Roding....
Lord Patel of Bradford | 707 c28GC (Link to this contribution)
This may be a convenient moment for the Committee to adjourn for 10 minutes.
Sitting suspended.
Lord Greaves | 707 c32-4GC (Link to this contribution)
No, there is not one; we cannot find it. I am following that up with some—I will not say colleagues,...
Baroness Hamwee | 707 c59-60GC (Link to this contribution)
My point about a judicial review was not about a claim in relation to a breach of statutory duty; it...
Lord Greaves | 707 c55-6GC (Link to this contribution)
In our part of the world we always say, ““people who live, work, study or play””, but then we live i...
Lord Greaves | 707 c58GC (Link to this contribution)
Before the Minister replies, can I have a copy of the letter about petitions? I do not think that I ...
Baroness Andrews | 707 c53GC (Link to this contribution)
No, it is not.
Baroness Andrews | 707 c48-50GC (Link to this contribution)
I shall explain again why we have gone down the route of defining petitions as ““valid””. It is part...
Lord Greaves | 707 c47GC (Link to this contribution)
Amendment 81
81: Clause 11, page 7, line 9, leave out ““valid””
Lord Greaves | 707 c44GC (Link to this contribution)
I underline what my noble friend Lord Tope has just said. There is nothing between us in the wish to...
Lord Tope | 707 c35-6GC (Link to this contribution)
I do not mean to offend my noble friend Lady Hamwee, whose drafting is of course always perfect. How...
Lord Smith of Leigh | 707 c37-8GC (Link to this contribution)
With some regret, I confess that I have sympathy with the noble Lords opposite in their demands, but...
Lord Graham of Edmonton | 707 c24GC (Link to this contribution)
Will my noble friend clarify the position of trade unions and their representatives and their abilit...
Lord Greaves | 707 c9-10GC (Link to this contribution)
I am grateful for the Minister’s assurance that he will try to do that. We will be interested to see...
Lord Patel of Bradford | 707 c9GC (Link to this contribution)
The noble Lord raises an important point. We were referring to the principal local authorities that ...
Lord Greaves | 707 c10-1GC (Link to this contribution)
Amendment 68
68: Clause 5, page 5, line 19, leave out subsection (5) and insert—
““( ) In a county ...
Lord Greaves | 707 c15GC (Link to this contribution)
Quite so.
I am again grateful to the Minister for giving me a detailed response, but I am not sure ...
Baroness Warsi | 707 c16GC (Link to this contribution)
Amendment 72
72: After Clause 5, insert the following new Clause—
““Impact assessment
A principal l...
Lord Greaves | 707 c16GC (Link to this contribution)
That seems to be a step forward. As far as the point in subsection (6) is concerned, I do not think ...
Baroness Hamwee | 707 c17GC (Link to this contribution)
The short impact assessment, which is part of the Explanatory Notes, tells us that the duties in Cha...
Lord Brooke of Sutton Mandeville | 707 c17-8GC (Link to this contribution)
The noble Baroness, Lady Andrews, will recall that at an earlier stage of these proceedings I allude...
Lord Greaves | 707 c1-2GC (Link to this contribution)
In moving Amendment 65, I shall also speak to my Amendment 66 and to Clause 6 stand part. My noble f...
Lord Greaves | 707 c27-8GC (Link to this contribution)
I am grateful to the Minister for that detailed reply. The only point that I want to come back on is...
Lord Tope | 707 c32GC (Link to this contribution)
We found one; I have it.
Lord Tope | 707 c34-5GC (Link to this contribution)
I speak to Amendments 80 and 83 standing in my name and that of my noble friend Lady Hamwee, which h...
Lord Patel of Bradford | 707 c60GC (Link to this contribution)
I believe that someone could go to judicial review now, too, whatever their situation. I have a note...
Lord Patel of Bradford | 707 c58-9GC (Link to this contribution)
Yes, we will make that available.
I will be brief. Amendment 87 proposes a change to Clause 11(7), ...
Baroness Hamwee | 707 c57-8GC (Link to this contribution)
My noble friend Lord Tope and I have added our names to this amendment, which is part of the package...
Lord Graham of Edmonton | 707 c53GC (Link to this contribution)
I thank my noble friend.
Baroness Andrews | 707 c53-4GC (Link to this contribution)
This has been an interesting and useful debate, although it has made me quite nostalgic for Chapter ...
Lord Graham of Edmonton | 707 c53GC (Link to this contribution)
It is difficult to find precisely the right part of the Bill to raise this issue. Clause 16 is heade...
Baroness Warsi | 707 c52-3GC (Link to this contribution)
We return here to the issue of defining the term ““local people””, which we debated on the first day...
Lord Greaves | 707 c50GC (Link to this contribution)
I listened with interest to the Minister taking apart Amendments 82, 85 and 86; they are there only ...
Lord Greaves | 707 c50GC (Link to this contribution)
Amendment 84
84: Clause 11, page 7, line 18, at end insert ““or use or are affected by any of its s...
Lord Greaves | 707 c38GC (Link to this contribution)
I shall have to make some inquiries at the Public Bill Office.
Lord Smith of Leigh | 707 c38GC (Link to this contribution)
There might be a secret subsection that we do not know about.
I ask the Minister to think about the...
Baroness Warsi | 707 c36-7GC (Link to this contribution)
The new clause proposed by the noble Lord, Lord Greaves, catapults us straight into the heart of the...
Baroness Maddock | 707 c37GC (Link to this contribution)
I particularly support my noble friends in talking about how many councils actually respond to petit...
Baroness Warsi | 707 c60GC (Link to this contribution)
I thank the Minister for his detailed response. I want the opportunity to reread those comments. I s...
Baroness Warsi | 707 c21-2GC (Link to this contribution)
I thank the Minister for her reply. There is some detail that I might have to come back to, so I sha...
Baroness Hamwee | 707 c23-4GC (Link to this contribution)
I should like to use my noble friend’s objection to Clause 10 standing part of the Bill to ask a cou...
Lord Greaves | 707 c8-9GC (Link to this contribution)
I thank the Minister for his response. I have a small point. He wondered why Amendment 66 had been t...
Baroness Hamwee | 707 c8GC (Link to this contribution)
I have one final point. The noble Lord referred to the topics that might be covered in guidance. Lik...
Baroness Warsi | 707 c13GC (Link to this contribution)
I am pleased to be able to say to the noble Lord, Lord Greaves, that I have more sympathy with this ...
Lord Patel of Bradford | 707 c15GC (Link to this contribution)
My understanding is that it is both those things, in terms of where you live also. The county must p...
Lord Greaves | 707 c15-6GC (Link to this contribution)
Yes, which is why we then go on to the belief that the council that is probably most efficient and e...
Baroness Warsi | 707 c16-7GC (Link to this contribution)
I shall speak also to Amendment 135. This group of amendments is designed simply to ensure that prin...
Lord Smith of Leigh | 707 c18GC (Link to this contribution)
In declaring my interest as leader of a local authority, I reassure the Committee that if somebody a...
Lord Greaves | 707 c18GC (Link to this contribution)
I can respond very briefly to the noble Lord, Lord Smith of Leigh, as I agree with him that most loc...
Lord Greaves | 707 c1GC (Link to this contribution)
Amendment 65
65: Clause 5, page 5, line 9, at end insert—
““( ) On request from the principal local...
Baroness Hamwee | 707 c8GC (Link to this contribution)
I, too, noted the reference to best practice advice. I will try not to anticipate what my noble frie...
Baroness Maddock | 707 c7-8GC (Link to this contribution)
The Minister has explained carefully how he sees the balance between guidance for and prescription t...
Lord Patel of Bradford | 707 c4-7GC (Link to this contribution)
I welcome back the noble Baroness, Lady Hamwee. It is good to have her back posing challenging quest...
Baroness Andrews | 707 c28GC (Link to this contribution)
This is an important point and we should certainly look at how local authorities running petition sc...
Lord Greaves | 707 c28GC (Link to this contribution)
The time has come to beg leave to withdraw Amendment 78.
Amendment 78 withdrawn.
Amendments 79 and...
Lord Greaves | 707 c28-9GC (Link to this contribution)
Amendment 79B
79B: After Clause 10, insert the following new Clause—
““Duty to receive and deal wit...
Lord Greaves | 707 c29-32GC (Link to this contribution)
This is a good opportunity to have a substantive debate about quite a few things relating to petitio...
Baroness Warsi | 707 c56GC (Link to this contribution)
Amendment 87
87: Clause 11, page 7, line 23, leave out ““Subject to that,””
Lord Greaves | 707 c54GC (Link to this contribution)
I have now remembered why that was a good instance to raise. Some of the market traders who signed t...
Baroness Warsi | 707 c56-7GC (Link to this contribution)
I have a feeling that Amendment 87 is another amendment which the noble Baroness, Lady Andrews, may ...
Baroness Andrews | 707 c53GC (Link to this contribution)
I will be happy to do that. We will have a good debate and clearly my noble friend will have somethi...
Lord Greaves | 707 c51GC (Link to this contribution)
I am not sure that a petition to Hillingdon council is the right thing to do. If you are upset about...
Lord Greaves | 707 c51-2GC (Link to this contribution)
Yes, perhaps. However, if the airport is council-owned, there is no reason, just because you happene...
Lord Graham of Edmonton | 707 c53GC (Link to this contribution)
Will the noble Baroness tell me when we do reach the right place?
Lord Greaves | 707 c50-1GC (Link to this contribution)
We are now well into the petition schemes. Clause 11 states: "““A principal local authority must mak...
Lord Tope | 707 c51GC (Link to this contribution)
They could send it to Madrid.
Lord Greaves | 707 c44-7GC (Link to this contribution)
I was going to come on to that point next. We are going to discuss the difference between valid peti...
Lord Tope | 707 c43-4GC (Link to this contribution)
I echo my noble friend. Many petitions typically relate to planning applications, and it is not alwa...
Baroness Andrews | 707 c38-42GC (Link to this contribution)
This has been a very good debate and I agree with an awful lot of what has been said. My speaking no...
Baroness Maddock | 707 c42-3GC (Link to this contribution)
The Minister talked about responses to petitions and in particular about a YouGov poll that said tha...
Lord Patel of Bradford | 707 c60GC (Link to this contribution)
This may be a convenient moment for the Committee to adjourn until Wednesday at 3.45 pm.
Baroness Andrews | 707 c21GC (Link to this contribution)
I know the pain that the redistribution formula causes. Essex is a relatively wealthy local authorit...
Lord Hanningfield | 707 c20-1GC (Link to this contribution)
I apologise that I was not here at the beginning; I hope that the noble Baroness will accept an inte...
Baroness Andrews | 707 c18-9GC (Link to this contribution)
I start by replying to the point made by the noble Lord, Lord Brooke, as he has raised it twice in C...
Lord Greaves | 707 c22-3GC (Link to this contribution)
We are on to Chapter 2. Clause 10 is the first clause about petitions, which may detain us for an ho...
Lord Patel of Bradford | 707 c13-5GC (Link to this contribution)
The amendments explore how districts fit into the arrangements for the provision of information abou...
Lord Greaves | 707 c11-2GC (Link to this contribution)
I shall also speak to the other amendments in the group, Amendments 69, 70 and 71. They probe the re...
Baroness Maddock | 707 c15GC (Link to this contribution)
I fear that the Minister’s comments have again prompted me to intervene. I think that he said that d...
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