My Lords, I recognise that the Room is not with me but it is none the less extremely important that the clause stands part of the Bill.
The code of recommended practice, agreed by both Houses of Parliament, is the guidance to which local authorities must have regard when producing their publicity. It sets out the seven principles that local authorities have to abide by when producing their publicity. We know what they are and I shall not read them out. The publicity code is necessary because local authority publicity can be expensive and contentious. We acknowledge that the majority of local authorities abide by the guidance in the publicity code. However, there are some that do not. There are examples of local authorities that still produce weekly newspapers that are highly contentious and political. While there may be only one or two authorities that have done this, it is proper that someone is able to make sure that that does not happen.
Clause 38 provides the Secretary of State with the power to take action where a local authority is not complying with the publicity code. This would be taking action by direction. The Secretary of State can direct a local authority or a group of local authorities
to fulfil or take notice of the publicity code and can require compliance. Such directions do not require all local authorities to comply—although it could do so, which would make the power statutory, if there were to be a real outbreak across every single local authority.
However, that is not what this clause is directed at. It is directed at the one or two authorities that are still not conforming to the publicity code. If a publicity notice is excessive and people complain, it enables the Secretary of State to direct the local authority to comply with that code. The clause sets out the procedures to be followed before a direction is given and these require the Secretary of State to give proper notice of the proposed direction and for an authority to make representations within 14 days.
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A recent Ofcom ruling that criticised a local authority for spending taxpayers’ money on political advertising showed that weekly local newspapers are not the limit of ambition or the limit of disregard for a publicity code agreed by Parliament. The provisions in this clause are balanced and sensible, and are necessary to ensure that taxpayers’ money is not wasted on political propaganda, political television adverts or mailshots criticising government policies, and because it is wholly unacceptable that local authorities should be using taxpayers’ money to compete with the free press.
Once the Secretary of State gives notice of issuing a direction, the local authority in question has the opportunity to make representations about the need for that direction. The proposed provision gives the Secretary of State the flexibility to make a direction requiring compliance with one or more provisions in the code.
We acknowledge that there is widespread compliance with the publicity code but this is a backstop provision to ensure that there is. By covering this possibility, we are not in any way opening the door to action that could be detrimental to local authorities. If local authorities are complying with the code, they should not be concerned that wider powers exist since these provisions will affect only those that are not complying.
I was asked about lobbying. Local authorities do not need to pay lobbyists. The leaders of local authorities have direct access to the Government; they have the Local Government Association to make their points; they have plenty of ways of getting their view across to the Government on anything about which they are concerned. It is ridiculous that they should be paying the large sums of money that lobbyists normally require to be putting forward or promoting a view on their own behalf when they can do it less expensively with a telephone call.
The Government remain of the view that these provisions are necessary to ensure that the local authorities which are not complying do so, if that is drawn to the attention of the Secretary of State, who by this means is able to take action to rectify that situation. I beg to move that Clause 38 stand part of the Bill.