UK Parliament / Open data

Legislative Reform (Community Governance Reviews) Order 2014

My Lords, the order before us today will make amendments to the Local Government and Public Involvement in Health Act 2007. The changes will make it easier to create new town and parish councils by improving the community governance review procedure.

Town and parish councils are a valuable part of our democracy and an important component of our vision for localism. Parish councils provide communities with a democratically accountable voice and a structure for taking community action. The Localism Act 2011

gives parish councils a range of powers, including neighbourhood planning, and we want to see parish councils take on a greater service delivery role for their local communities.

Many local communities clearly have a passion for placing power at a more localised level. However, the prospect of embarking on a lengthy process to realise that goal has discouraged many communities which wish to live in a parished area from exploring this opportunity. We are committed to working with local communities, councils at all levels, and representative bodies across the sector to explore measures to remove the obstacles that stifle the potential which exists for creating more new town and parish councils.

The legislation governing the community governance review procedure requires that every principal council conducts a review as it gives consideration to whether to create a new town or parish council. The proposals which I set out today will improve the experience for local communities, which will be better placed to achieve their vision of local governance at the grassroots level.

The draft legislative reform order was laid before Parliament on 11 December 2014 under the affirmative resolution procedure. The Delegated Powers and Regulatory Reform Committee scrutinised the order on 21 January 2015 and raised it to the super-affirmative procedure. The chair of the committee, my noble friend Lady Thomas of Winchester, invited the Department for Communities and Local Government to submit further information. I am pleased that following the submission of further details, the committee confirmed its satisfaction that the order now meets the tests set out in the 2006 Act. I am grateful to the committee for its hard work in scrutinising this order.

Before getting into the details of the amendments to the Local Government and Public Involvement in Health Act 2007, I will briefly explain the background to these measures. In 2011, the Open Public Services White Paper set out the policy objective of making it easier to set up new town and parish councils. This reflected the growing belief among local campaigners and the local government sector that under the current legislation, the process is too burdensome and bureaucratic for local citizens.

We undertook two government public consultations to consider these proposals. The first consultation was conducted from October 2012 until January 2013 and sought views on a wide range of measures to improve the governance review procedure, including the three specific measures set out in the proposals today. It has been particularly insightful to listen to the views of bodies such as the National Association of Local Councils, the Society of Local Council Clerks and the Local Government Association and to learn from the first-hand experiences of new and established town and parish councils which have gone through the review process. Respondents to the consultation were broadly in support of the three measures proposed. As a result, the Department for Communities and Local Government decided to proceed with plans to introduce the three key legislative measures.

In the second public consultation, conducted between March 2014 and May 2014, we gave specific consideration to the use of a legislative reform order as the mechanism for introducing the proposals. All those who responded to the consultation fully supported the specific use of the LRO. Today, I am asking noble Lords to support the introduction of measures that will help to deliver on the commitment first made in 2011. Introducing these changes will benefit local communities by giving them a greater say in how their local neighbourhood should be governed.

In summary, the new measures will, first, reduce the percentage of local government electors required to sign a community governance petition that will trigger a community governance review from 10% to 7.5%. This change will enable local campaigners to obtain the required number of the local electorates’ support more quickly, allowing for the voice of communities to be heard and for the review to be triggered within a shorter timeframe. Secondly, it will reduce the period allowed for the relevant local authority to conclude a community governance review from 12 months from the date the review begins to 12 months from the date of receipt of the petition or application. Introducing a clearly defined timeline will significantly reduce the financial and administrative burden currently being placed on local communities. It will also help local communities to campaign more effectively by reducing the costs associated with delivering local campaigns, including the cost of producing leaflets, circulating campaign material and hosting meetings.

Thirdly, it will allow those neighbourhood forums which have a neighbourhood development plan that has passed a referendum to trigger a community governance review without the need for a petition. This significant change recognises the important role that neighbourhood forums play in our local communities. The membership of forums reflects the different people who live in a local area. Allowing forums which have already received support for their plans through a referendum to trigger a review will avoid duplication and acknowledge the extensive work that they undertake to engage the wider community in the discussions about forming a new council. These three measures will foster collaborative working between local authorities and campaigners, and lead to greater local democracy.

In summing up, I emphasise that the proposed amendments to the legislation will be invaluable for local communities. The changes unlock the barriers within the current legislation, which will enable local citizens to realize the benefits to be gained from living in an area represented by a town or parish council. We are seeking to complete the process of parliamentary scrutiny and to bring these changes into force as soon as possible. I beg to move.

Type
Proceeding contribution
Reference
760 cc324-6GC 
Session
2014-15
Chamber / Committee
House of Lords Grand Committee
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