UK Parliament / Open data

Localism Bill

Debate on bills on Monday, 31 October 2011, in the House of Lords, led by Baroness Hanham. The answering member was Lord McKenzie of Luton.

Localism Bill. Consent of the Queen and Prince of Wales signified. Lords third reading debate agreed to on question. Bill passed and returned to the Commons with amendments.

Type

Parliamentary proceeding

Reference

731 c1025-110

Session

2010-12

Department

Department for Communities and Local Government

Legislative stage

Third reading

Procedure

New clauses

Chamber / Committee

House of Lords chamber

Localism Bill. As amended on report. In two volumes.
Monday, 17 October 2011
Bills
House of Lords

Proceeding contributions

Baroness Hanham | 731 c1102 (Link to this contribution) 66: Clause 213, page 214, line 4, after ““Assembly”” insert ““or an affected local authority that ar...

Baroness Hanham | 731 c1102 (Link to this contribution) 68: Clause 239, page 235, line 26, leave out paragraph (c) Amendment 68 agreed. Schedule 2 : New a...

Show all contributions (146)

Baroness Hanham | 731 c1103 (Link to this contribution) 69: Schedule 2, page 276, line 23, leave out ““is a local education authority”” and insert ““has edu...

Earl Attlee | 731 c1101 (Link to this contribution) My Lords, I shall also speak to Amendments 62 to 67. These amendments are in response to two amendme...

Lord Jenkin of Roding | 731 c1102 (Link to this contribution) My Lords, of course, I am very grateful indeed to my noble friends for having, at this late stage, a...

Baroness Hanham | 731 c1102 (Link to this contribution) 62: Clause 201, page 208, line 16, after ““Assembly”” insert ““or an affected local authority that a...

Baroness Hanham | 731 c1102 (Link to this contribution) 64: Clause 203, page 209, line 9, leave out ““or (3)”” and insert ““, (3) or (4)”” 65: Clause 203,...

Baroness Hanham | 731 c1100 (Link to this contribution) My Lords, we thought carefully about the time limit and believe that eight weeks strikes the right b...

Baroness Hanham | 731 c1100-1 (Link to this contribution) 58: Clause 179, page 183, line 6, at end insert— ““(1A) Sub-paragraph (1) is subject to paragraph 7A...

Earl Attlee | 731 c1101 (Link to this contribution) 61: Clause 196, page 203, line 30, after ““Assembly”” insert ““or a consultee under subsection (4)(d...

Lord Best | 731 c1106-7 (Link to this contribution) My Lords, I am very pleased to be moving and speaking to the very last amendments to this Bill, afte...

Lord Tope | 731 c1107-8 (Link to this contribution) My Lords, perhaps I may take this opportunity to echo the words of the noble Lord, Lord Best, at the...

Lord Best | 731 c1105 (Link to this contribution) 84: Schedule 10, page 365, line 38, leave out ““either”” and insert— ““( ) that the draft order is m...

Lord Beecham | 731 c1104-5 (Link to this contribution) My Lords, these amendments come in Schedule 5 which deals with referendums, including council tax re...

Earl Attlee | 731 c1105 (Link to this contribution) My Lords, the noble Lord, Lord Beecham, does not disappoint me. I have read the letter from the Elec...

Earl Attlee | 731 c1103 (Link to this contribution) 76: Schedule 5, page 320, line 8, at end insert ““or””

Baroness Hanham | 731 c1087-8 (Link to this contribution) My Lords, I thought the noble Lord had had his last word on this Bill, so I am a little bit taken ab...

Lord McKenzie of Luton | 731 c1088 (Link to this contribution) My Lords, I thank the Minister for as clear an indication as she is able to give about transition. I...

Earl Attlee | 731 c1088 (Link to this contribution) 53: After Clause 140, insert the following new Clause— ““Local authority, statutory undertakers’ and...

Earl Attlee | 731 c1089 (Link to this contribution) My Lords, the need for this amendment emerged following the first decision under the regime a little...

Lord Berkeley | 731 c1089-92 (Link to this contribution) My Lords, I am grateful to the Minister for introducing his amendment and allowing me to speak to my...

Lord Jenkin of Roding | 731 c1092-3 (Link to this contribution) My Lords, the noble Lord, Lord Berkeley, spoke to his amendment so comprehensively that I want to ad...

Lord Boyd of Duncansby | 731 c1093-4 (Link to this contribution) My Lords, I declare an interest as a Scottish solicitor who is registered as a foreign lawyer in Eng...

Lord McKenzie of Luton | 731 c1094 (Link to this contribution) My Lords, I shall be brief. I congratulate my noble friend Lord Berkeley for spotting a difficulty a...

Lord Greaves | 731 c1087 (Link to this contribution) My Lords, I think there is an important point here. Will the certificate of conformity be available ...

Earl Attlee | 731 c1094-5 (Link to this contribution) My Lords, I am grateful to noble Lords who have spoken to this group of amendments for their contrib...

Baroness Hanham | 731 c1096 (Link to this contribution) 57: Clause 179, page 183, line 2, at end insert ““unless paragraph 7AA applies””

Baroness Hanham | 731 c1097-8 (Link to this contribution) My Lords, our reforms to the complaints system for social housing are designed to promote the resolu...

Lord Kennedy of Southwark | 731 c1095-6 (Link to this contribution) My Lords, I accept that these government amendments are to correct a drafting error. I am pleased th...

Baroness Hanham | 731 c1096 (Link to this contribution) 55: Clause 162, page 176, line 2, at end insert— ““““20BA Assured shorthold tenancies following demo...

Lord Best | 731 c1099 (Link to this contribution) Once again the House of Lords consideration of this Bill has led to a really sensible change to the ...

Lord Kennedy of Southwark | 731 c1099-100 (Link to this contribution) My Lords, I thank the noble Baroness for moving the amendments. They are a work in progress. I also ...

Baroness Hayter of Kentish Town | 731 c1098-9 (Link to this contribution) My Lords, I wish to speak to Amendment 60 and, in doing so, I welcome enormously the amendments tabl...

Lord Tope | 731 c1099 (Link to this contribution) My Lords, as the noble Baroness has just said, the Minister has moved a long way since we last debat...

Baroness Hanham | 731 c1095 (Link to this contribution) 54: Clause 162, page 176, line 1, at end insert— ““(1) In section 20B(2) of the Housing Act 1988 (de...

Baroness Hanham | 731 c1095 (Link to this contribution) My Lords, Amendments 54, 55 and 56 are technical amendments that ensure, in line with our original p...

Lord McKenzie of Luton | 731 c1108 (Link to this contribution) My Lords, this is the last time I shall speak on the Bill. Perhaps I may start by expressing support...

Lord Best | 731 c1109 (Link to this contribution) My Lords, I am delighted to withdraw the amendment. Amendment 84 withdrawn. Amendments 85 and 86 n...

Baroness Hanham | 731 c1109-10 (Link to this contribution) 91: Schedule 19, page 426, line 17, at end insert— ““51A In section 148(1) (HCA may not, during a mo...

Baroness Hanham | 731 c1109 (Link to this contribution) 90: Schedule 16, page 410, leave out lines 15 to 18 Amendment 90 agreed. Schedule 19 : Housing and...

Baroness Hanham | 731 c1110 (Link to this contribution) That the Bill do now pass.

Baroness Hanham | 731 c1110 (Link to this contribution) 92: Schedule 25, page 455, line 35, at end insert— 93: Schedule 25, page 472, column 2, line 8, at...

Baroness Hanham | 731 c1110 (Link to this contribution) My Lords, before we finally conclude at the end of all this time, I join very much with the remarks ...

Lord Shutt of Greetland | 731 c1072 (Link to this contribution) 31: Clause 56, page 59, line 28, leave out sub-paragraphs (i) and (ii) and insert— ““(i) have caused...

Lord Shutt of Greetland | 731 c1072 (Link to this contribution) 34: Clause 60, page 62, line 32, leave out from ““make”” to ““any”” and insert ““different provision...

Lord Shutt of Greetland | 731 c1072 (Link to this contribution) 36: Clause 63, page 65, line 1, leave out from ““authority”” to end of line 3 and insert ““is the su...

Lord Shutt of Greetland | 731 c1073 (Link to this contribution) 37: Clause 64, page 65, line 40, leave out ““that”” and insert ““the EU”” Amendment 37 agreed. Cla...

Lord Shutt of Greetland | 731 c1071 (Link to this contribution) 22: Clause 53, page 55, line 28, leave out from ““authority”” to end of line 29 and insert ““is the ...

Lord Shutt of Greetland | 731 c1071 (Link to this contribution) 18: Clause 50, page 52, line 38, after ““part”” insert ““, or those parts,”” 19: Clause 50, page 5...

Lord Shutt of Greetland | 731 c1071 (Link to this contribution) 24: Clause 55, page 58, line 30, leave out from ““payments”” to end of line 31 and insert ““, whethe...

Lord Shutt of Greetland | 731 c1071 (Link to this contribution) 23: Clause 54, page 56, line 23, leave out ““that”” and insert ““the EU”” Amendment 23 agreed. Cla...

Lord Shutt of Greetland | 731 c1070 (Link to this contribution) My Lords, I believe that work on the policy statement is still going on, but I am happy to confirm t...

Lord McKenzie of Luton | 731 c1070 (Link to this contribution) My Lords, I am grateful to the noble Lord for his explanation of all of these amendments. It was rat...

Lord Shutt of Greetland | 731 c1070 (Link to this contribution) My Lords, this is a group of several amendments. They are government, minor, technical and consequen...

Lord Marlesford | 731 c1068 (Link to this contribution) I am talking about the problem, not of motor cars but of motor vehicles—a little wider than motor ca...

Lord Shutt of Greetland | 731 c1070 (Link to this contribution) 17: Clause 50, page 52, line 37, after ““part”” insert ““or parts””

Lord Marlesford | 731 c1068 (Link to this contribution) My Lords, I am most grateful to my noble friend for her comments. I am most grateful for the support...

Baroness Hanham | 731 c1066-8 (Link to this contribution) My Lords, I thank the noble Lord, Lord Marlesford, for moving this amendment. We have had some discu...

Lord Beecham | 731 c1066 (Link to this contribution) My Lords, I shall not detain the House for long. This is in my view a model amendment. It does not r...

Lord Jenkin of Roding | 731 c1066 (Link to this contribution) My Lords, I, too, support the amendment, but I have only one question to ask my noble friend who is ...

Lord Berkeley | 731 c1066 (Link to this contribution) My Lords, I support the concept of this amendment, but we are in danger of making even more laws whe...

Lord Cameron of Dillington | 731 c1065 (Link to this contribution) My Lords, I strongly support this amendment, and in doing so I must declare an interest as a farmer....

Lord Howarth of Newport | 731 c1086 (Link to this contribution) My Lords, it is a great strength of the Government’s policy that it commits us to plan-led and susta...

Baroness Hanham | 731 c1086-7 (Link to this contribution) My Lords, I am not going to be able to reassure everyone on everything. When we discussed this in th...

Lord Greaves | 731 c1081-2 (Link to this contribution) My Lords, I am extremely grateful for that reply from my noble friend the Minister, who I think went...

Baroness Hanham | 731 c1081 (Link to this contribution) My Lords, the initial expectation in the NPPF was that there would be a balanced approach to this. T...

Lord McKenzie of Luton | 731 c1082 (Link to this contribution) My Lords, before the noble Lord, Lord Greaves, becomes flattered again, I should say that this was a...

Lord McKenzie of Luton | 731 c1082 (Link to this contribution) 52: After Clause 113, insert the following new Clause— ““Local development plans: transitional arran...

Lord McKenzie of Luton | 731 c1082-4 (Link to this contribution) They would be very welcome. The Bill is about to leave the House when we have no certainty that the...

Lord Greaves | 731 c1082 (Link to this contribution) My Lords, if the Labour Party really needs a new parliamentary draftsman to write its amendments, I ...

Lord Greaves | 731 c1084-6 (Link to this contribution) My Lords, I congratulate the Labour Party on writing such a brilliant amendment. The interesting thi...

Lord Best | 731 c1084 (Link to this contribution) My Lords, in Committee and on Report, I tabled amendments on transitional arrangements. I agree that...

Lord McKenzie of Luton | 731 c1081 (Link to this contribution) When the draft NPPF was issued for consultation, did the Government seek to change what had hitherto...

Lord Howarth of Newport | 731 c1077-8 (Link to this contribution) My Lords, the noble Lord, Lord Best, and the LGA are surely right that sustainable development must ...

Baroness Hanham | 731 c1078-81 (Link to this contribution) My Lords, in the previous debate I promised to go away and think about what should be done and wheth...

Lord Shutt of Greetland | 731 c1073 (Link to this contribution) 45: Clause 66, page 69, line 1, leave out sub-paragraphs (i) and (ii) and insert— ““(i) have caused ...

Lord Shutt of Greetland | 731 c1073 (Link to this contribution) 38: Clause 65, page 68, line 1, leave out from ““payments”” to end of line 2 and insert ““, whether ...

Lord McKenzie of Luton | 731 c1076-7 (Link to this contribution) My Lords, as the noble Lord, Lord Greaves, has spotted, we have an amendment in this group which may...

Lord Greaves | 731 c1074-6 (Link to this contribution) My Lords, we move back fairly quickly to discuss Part 5 of the Bill on planning. My amendment is gro...

Lord Greaves | 731 c1074 (Link to this contribution) 50: Before Clause 109, insert the following new Clause— ““Sustainable development: duty to publish g...

Baroness Hanham | 731 c1027 (Link to this contribution) My Lords, I thank the noble Baroness, Lady Eaton, for tabling this amendment and I hope that she wil...

Baroness Eaton | 731 c1027 (Link to this contribution) I am grateful for the Minister’s response. The last thing I intended with my amendment was to compli...

Lord Pannick | 731 c1028 (Link to this contribution) 3: Clause 25, page 36, line 37, leave out subsection (2) and insert— ““(2) In deciding whether a dec...

Lord Pannick | 731 c1028-9 (Link to this contribution) My Lords, Clause 25 is directed at the concern that local councillors must be able to express views ...

Lord Shutt of Greetland | 731 c1025-6 (Link to this contribution) My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales...

Baroness Eaton | 731 c1026 (Link to this contribution) 1: Clause 10, page 19, line 9, after ““misinstalled”” insert ““or not properly maintained””

Baroness Eaton | 731 c1026 (Link to this contribution) My Lords, I shall speak also to Amendment 2. I have tabled these probing amendments in order to requ...

Baroness Smith of Basildon | 731 c1026-7 (Link to this contribution) My Lords, I have a great deal of sympathy with the amendment of the noble Baroness, Lady Eaton. I de...

Baroness Eaton | 731 c1030 (Link to this contribution) My Lords, first, I must declare my role as an elected councillor. Councillors have long walked a dif...

Lord Sewel | 731 c1030-1 (Link to this contribution) My Lords, during my period in your Lordships’ House, which now goes back far too many years, I hope ...

Lord Hart of Chilton | 731 c1029-30 (Link to this contribution) My Lords, my name is associated with this amendment and I support it for the following reasons. I be...

Lord True | 731 c1035-6 (Link to this contribution) My Lords, if I might intervene, slightly more briefly, because I agree with so much that has been sa...

Baroness Gardner of Parkes | 731 c1032 (Link to this contribution) The noble Lord, Lord Pannick, always moves his amendments superbly, and I am fascinated by them, alt...

Lord Greaves | 731 c1032-5 (Link to this contribution) I declare an interest, since it is Third Reading, or redeclare an interest as a member of Pendle Bor...

Baroness Hamwee | 731 c1031 (Link to this contribution) Unfortunately when irony appears in Hansard it appears to be totally serious. I realise I am being ...

Lord Snape | 731 c1031-2 (Link to this contribution) My Lords, I am reluctant to intervene in the debate but do so having listened to the arguments for t...

Baroness Hamwee | 731 c1031 (Link to this contribution) My Lords, the noble Lord, in my eyes at any rate, puts himself further on the debit side by describi...

Lord Sewel | 731 c1031 (Link to this contribution) Perhaps the noble Baroness will recognise a joke and an irony when she sees them.

Earl Attlee | 731 c1040 (Link to this contribution) May I explain the advantage of Clause 25 and the way that it is drafted? If I was a councillor and e...

Lord Pannick | 731 c1040 (Link to this contribution) I am very grateful to noble Lords who have spoken in this fascinating debate and to the Minister for...

Lord Greaves | 731 c1041 (Link to this contribution) I apologise for intervening, but I wonder whether the noble Lord is aware that there is a very wides...

Lord Pannick | 731 c1040-1 (Link to this contribution) I understand the point and am grateful to the Minister. However, the clause introduces clarity by am...

Lord True | 731 c1041-2 (Link to this contribution) On the question of litigation, will the noble Lord answer the point that my noble friend Lord Greave...

Lord Pannick | 731 c1041 (Link to this contribution) I understand that, of course; I am responding to the point made that if our amendment were to be car...

Lord McKenzie of Luton | 731 c1036 (Link to this contribution) My Lords, we have added our names to this amendment, for reasons which I will try to explain. As I u...

Earl Attlee | 731 c1038-40 (Link to this contribution) My Lords, I am grateful to the noble Lords who have skilfully proposed this amendment, as it has giv...

Lord McKenzie of Luton | 731 c1036-8 (Link to this contribution) I take that point but, even if it is ““only because””, what else might a decision-maker do that you ...

Lord True | 731 c1049-50 (Link to this contribution) My Lords, I am rather more sympathetic to the Government’s attempt to find a formulation than some o...

Lord Shipley | 731 c1049 (Link to this contribution) My Lords, I want to raise a specific issue, but first to declare an interest as a councillor and one...

Lord Tope | 731 c1047-9 (Link to this contribution) My Lords, I follow my noble friend with a small ““f””—the noble Lord, Lord Bichard. As he said, we m...

Lord Bichard | 731 c1047 (Link to this contribution) My Lords, in speaking to this group of amendments, I draw attention to my own Amendment 10. I rise m...

Lord Beecham | 731 c1050-1 (Link to this contribution) My Lords, I declare an interest as a member of a council—hence my straying into jargon that we apply...

Lord Pannick | 731 c1042 (Link to this contribution) My answer to the noble Lord is that paragraph (c) is simply designed to maintain—as the Government s...

Baroness Hanham | 731 c1045-7 (Link to this contribution) My Lords, I should also like to speak to Amendments 5 to 9, 11 to 13, 68, 74 and 75. We had an exten...

Baroness Hanham | 731 c1045 (Link to this contribution) 4: Clause 27, page 38, line 9, at end insert— ““(1A) In discharging its duty under subsection (1), a...

Lord Pannick | 731 c1042 (Link to this contribution) The amendment would address that issue by dealing with the question in the same way as the common la...

Lord Sewel | 731 c1042 (Link to this contribution) Could the noble Lord explain how his amendment would affect, for example, the situation where, a cou...

Lord Beecham | 731 c1056-7 (Link to this contribution) My Lords, I am grateful for the conditional support of the noble Lord, Lord True, which I occasional...

Baroness Hanham | 731 c1055-6 (Link to this contribution) My Lords, Amendment 14 would require local authorities to maintain a register of the interests of me...

Lord Beecham | 731 c1057-8 (Link to this contribution) My Lords, there have been significant changes wrought by this Bill. One of those that we debated in ...

Lord Beecham | 731 c1057 (Link to this contribution) 15: Clause 46, leave out Clause 46

Lord Beecham | 731 c1054 (Link to this contribution) 14: Clause 29, page 40, line 21, at end insert— ““(b) members of a designated neighbourhood forum un...

Baroness Hanham | 731 c1054 (Link to this contribution) 11: Clause 28, page 40, line 6, leave out ““withdrawal”” and insert ““replacement”” 12: Clause 28,...

Lord Beecham | 731 c1054-5 (Link to this contribution) My Lords, this amendment deals with another issue of standards, but of a rather different nature. It...

Baroness Hanham | 731 c1052 (Link to this contribution) 5: Clause 28, page 39, line 33, leave out subsection (1) and insert— ““(1) A relevant authority must...

Baroness Hanham | 731 c1051-2 (Link to this contribution) My Lords, I thank everybody for the very kind compliments. It is unusual to hear them, so I am baski...

Lord Deben | 731 c1064-5 (Link to this contribution) I am attracted to the amendment, which has been so ably moved by my noble friend Lord Marlesford. As...

Lord Reay | 731 c1064 (Link to this contribution) I agree with what the noble Lord, Lord Judd, has just said and I strongly support the amendment. Li...

Lord Judd | 731 c1063-4 (Link to this contribution) My Lords, I am very glad to support this amendment. It is not just my great regard for the noble Lor...

Lord Marlesford | 731 c1062-3 (Link to this contribution) My Lords, in moving Amendment 16, I must declare two interests. The first, I hope, is shared by many...

Lord Marlesford | 731 c1062 (Link to this contribution) 16: After Clause 47, insert the following new Clause— ““Litter deposited from motor vehicles (1) Loc...

Lord Beecham | 731 c1061-2 (Link to this contribution) My Lords, I suppose that the noble Lord, Lord Greaves, can be forgiven for a sense of déjà vu since ...

Lord Shutt of Greetland | 731 c1060-1 (Link to this contribution) My Lords, I thank the noble Lords who have spoken on this matter. Clause 46 of the Bill repeals the ...

Lord Tope | 731 c1059 (Link to this contribution) My Lords, neither the noble Lord, Lord Beecham, nor the noble Lord, Lord True, were Members of your ...

Lord True | 731 c1058-9 (Link to this contribution) My Lords, that is a nice try by the noble Lord, Lord Beecham, but I am afraid I am going to be condi...

Baroness Hanham | 731 c1108-9 (Link to this contribution) My Lords, before we get lost in the fact that we are nearly there, I will answer the noble Lord, Lor...

Lord Best | 731 c1077 (Link to this contribution) My Lords, perhaps it would be valuable to noble Lords to hear the views of the Local Government Asso...

Baroness Hamwee | 731 c1036 (Link to this contribution) My Lords, I was not intending to describe it as a get-out but to say that ““just because”” could als...

Lord True | 731 c1055 (Link to this contribution) My Lords, I am sorry to say that I have a lot of sympathy with the spirit behind this amendment, but...

Baroness Hanham | 731 c1105 (Link to this contribution) 77: Schedule 5, page 320, line 12, leave out from ““Act”” to end of line 17 78: Schedule 5, page 3...

Earl Attlee | 731 c1103-4 (Link to this contribution) My Lords, I beg to move government Amendment 76 and speak to Amendments 77 to 83. Your Lordships ag...

Baroness Hanham | 731 c1103 (Link to this contribution) 73: Schedule 3, page 289, line 18, at end insert— ““(10A) In paragraph 11A for ““7 to”” substitute “...

Baroness Hanham | 731 c1103 (Link to this contribution) 74: Schedule 4, page 293, leave out lines 16 to 19 75: Schedule 4, page 294, line 23, at end inser...

Lord Berkeley | 731 c1068 (Link to this contribution) I am grateful to the noble Lord for giving way. The Act applies to more offences than throwing thing...

Lord Shutt of Greetland | 731 c1074 (Link to this contribution) 48: Clause 69, page 72, line 29, at end insert— ““(8) Sub-paragraph (6) of paragraph 4 of Schedule 8...

Lord Greaves | 731 c1059-60 (Link to this contribution) My Lords, I will just add a few brief things. My noble friend reminds me of one or two things which ...

Subjects

Complaints

Compulsory purchase

Councillors

Conduct

Council tax

Fees and charges

Land

Greater London

EU law

Fines

Infrastructure