What a shocking response. We will not press amendments 14 and 16, but we will press amendment 15 to the vote.
Amendment 15 would place a very simple expectation on the Secretary of State: that he would act on the receipt of evidence, that he would share that evidence with the local authority and that he would ask it to comment. As the Minister says, these matters should be subject to local discretion as well as to national direction. The Secretary of State would simply have to say, in taking enforcement action against a local authority, that he had found a breach of the code. It would be incredibly simple, straightforward and right to make that amendment if the Secretary of State feels that it is necessary to take these extraordinary powers, even though we do not.
The Minister’s response, as at each stage of the passage of the Bill, has made us far more concerned, not less, about the intention behind this very worrying and deeply anti-democratic clause.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 15, page 26, line 25, leave out subsection (4) and insert—
‘(4) A direction can only be made by the Secretary of State if—
(a) evidence of a breach of a code has been published by the Secretary of State to the local authority;
(b) a local authority, on receipt of a letter from the Secretary of State notifying them of evidence which purports to demonstrate a breach of the code has made a response to the Secretary of State within 28 days; and
(c) upon receiving any response the Secretary of State has published a report detailing his conclusions.’.—(Andy Sawford.)
Question put, That the amendment be made.