My Lords, the trouble with clause stand part debates is that they tend to come after everything else has been said. The danger is that one says it all over again. As I said, three groups of amendments have all covered more or less the same ground. I must ask the Chamber to forgive me if I cover some things that have already been said. It is clear that the Government do not see the situation in quite the same way as the noble Lord, Lord Beecham, has laid out tonight, nor as the Local Government Association has seen it in wanting all these provisions removed. We do not believe that should happen. We accept, as I said, that the great majority of local authorities will never breach the code. They will always do, and be guided by, the right thing.
I shall not say which local authorities we already know are breaching the code. I have them. I could do it, but I think it is probably not helpful. I hope noble Lords will accept my assurance that at least a dozen are breaching them at the moment. Either they are publishing publications, very frequently, outside the terms, or they are including propaganda or their own political statements. It is there and it is wrong; that is not what was meant to happen. As I say, with legislation the opportunity comes to try to put that right. Once again, it is putting it right for a minority—I totally accept that—but put it right we must. The Secretary of State is not taking very draconian powers. If the Secretary of State would have to put a broad direction out to a whole lot of authorities, we would be very worried about what local authorities were doing. That
provision is there in case it is needed, but we are much more concerned at the moment about the individual authorities doing individual transgressions.
There are two elements of this, as I have said right from the outset. The provisions are necessary to make sure that taxpayers’ money is not abused; to see that local authorities produce publicity, not propaganda; and to ensure that local newspapers—which the noble Lord, Lord Beecham, slightly downgrades—hold local government to account. They are often full of what is going on; they are the proper means by which that should be done. The provisions do not change the publicity code itself; the guidance remains the same, allowing local authorities to communicate effectively with their communities. However, the clause provides the Secretary of State with the power to direct one or more authorities, as I have said. The clause also sets out the procedure to be followed, as we discussed—14 days’ notice in writing—and provides for a direction to be modified or withdrawn in writing.
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We believe that these provisions are necessary. A recent Ofcom ruling criticised one local authority for spending taxpayers’ money on political advertising, which showed that weekly local newspapers are not the limit of ambition, nor the limit of disregard, for a publicity code agreed by Parliament. The provisions are balanced, because once a Secretary of State gives notice of issuing a direction, the local authority has the opportunity to make representations about the need for that direction but has a default two weeks in which to do it. They are sensible, because the clause, along with these provisions, includes provision to withdraw or modify the direction.
The provisions give the Secretary of State the flexibility to make a direction requiring compliance. As there is currently widespread compliance, we hope and expect that these measures will not be necessary, although effectively they may be. We are not opening the door to action that could be detrimental to local authorities. As I have said, if local authorities are complying with the publicity code, they have nothing to fear. There is certainly nothing to prevent local authorities combining to oppose something which is not in the interests of their communities.
The noble Lord, Lord Tope, asked about lobbying. This is about written publicity in terms of advertising or leaflets. Local authorities have the responsibility to look after their communities. If they feel that there is something detrimental, they can do that. As for lobbying Members of Parliament, if any leader worth their salt is not able to contact their local Member of Parliament, it seems to me that somewhere along the line there is a rotten relationship.
We believe that these provisions are necessary, even though they are for a small group of authorities at present which may very well, by the time the Bill is passed, be complying automatically. I ask the noble Lord to withdraw his amendment and leave the provisions in the Bill, where we believe they belong.