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1117

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 7 November 2011

 

Proceedings

 

on Consideration of Lords Amendments

 

Localism Bill


 

On Consideration of Lords Amendments to the Localism Bill


 

Lords Amendments 1 to 112 Agreed to.

 

Lords Amendment No. 112

 

Zac Goldsmith

 

Martin Vickers

 

Caroline Lucas

 

Caroline Nokes

 

Mr Douglas Carswell

 

Jason McCartney

 

To move the following Amendment to the Bill instead of the words left out by Lords

 

Amendments 96 to 112.

 

Not called  (a)

 

Page  37,  line  18,  at end insert the following new Clause—

 

         

‘Duty to hold local referendum

 

(1)    

A local authority must hold a referendum (a “local referendum”) if both of the

 

following conditions are met.

 

(2)    

The first condition is that the authority receives a petition complying with the

 

rules made under subsections (10) and (11) requesting it to hold a local

 

referendum relating to a proposal of or a decision by the local authority relating

 

to—

 

(a)    

services provided in pursuance of the local authority’s functions,

 

(b)    

the authority’s expenditure on services provided in pursuance of the local

 

authority’s functions,

 

(c)    

the authority’s power under section 2 of the Local Government Act 2000

 

(authority’s power to promote well-being of its area); or

 

(d)    

any other matter relating to the responsibilities of the local authority.

 

(3)    

The second condition is that the petition is signed by 20 per cent. of local

 

government electors in the relevant local authority area, to be defined in the rules

 

made under subsections (10) and (11).


 
 

Proceedings on Consideration of Lords Amendments: 7 November 2011 

1118

 

Localism Bill, continued

 
 

(4)    

The local authority must, in the case of a petition relating to subsection (2)(a),

 

(2)(b) or (2)(c), hold a referendum on its proposal or decision before taking any

 

steps to implement that proposal or decision, or in the case of a petition relating

 

to subsection (2)(d), hold a referendum on that matter.

 

(5)    

In this section, “local authority” means—

 

(a)    

a county council in England,

 

(b)    

a district council,

 

(c)    

a London borough council,

 

(d)    

a Unitary Council as defined in section 117(4),

 

(e)    

the Greater London Authority,

 

(f)    

the Common Council of the City of London in its capacity as a local

 

authority, or

 

(g)    

the Council of the Isles of Scilly.

 

(6)    

The outcome of a local referendum shall be binding on the local authority, subject

 

to exceptions set out in regulations made by the Secretary of State by statutory

 

instrument.

 

(7)    

If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is to

 

approve the proposal or decision, the local authority must implement that

 

proposal or decision, subject to exceptions set out in regulations made by the

 

Secretary of State by statutory instrument.

 

(8)    

If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is not to

 

approve the proposal or decision, the local authority must not implement that

 

proposal or decision, subject to exceptions set out in regulations made by the

 

Secretary of State by statutory instrument.

 

(9)    

The outcome of a referendum held under subsection (2)(d) shall be binding on the

 

local authority, subject to exceptions set out in regulations made by the Secretary

 

of State by statutory instrument.

 

(10)    

Local referenda must be conducted (including the giving of notice of intent to

 

petition for a referendum, submission of a petition, the determination of

 

appropriateness of the referendum question and the date of referendum, publicity

 

for and in relation to local referenda and voting in local referenda) in accordance

 

with rules made by the Secretary of State by statutory instrument.

 

(11)    

Regulations and rules under this section must be laid before Parliament in draft

 

before the end of six months beginning with the day on which this Act is passed

 

and shall be subject to approval by resolution of both Houses of Parliament.’.

 

Lords Amendments 113 to 153 Agreed to.

 


 

Lords Amendment No. 154

 

As an Amendment to the Lords Amendment:—

 

Hilary Benn

 

Jack Dromey

 

Roberta Blackman-Woods

 

Helen Jones

 

Chris Williamson

 

Caroline Lucas

 

Negatived on division  (a)

 

Line  13,  at end add—


 
 

Proceedings on Consideration of Lords Amendments: 7 November 2011 

1119

 

Localism Bill, continued

 
 

‘(3D)    

An order under subsection (3) or subsection (3B) must include transitional

 

arrangements for all affected local authorities, including provision relating to

 

national policy statements and local development plan documents.’.

 

Lords Amendment 154 Agreed to.

 

Lords Amendments 155 to 156 Agreed to.

 


 

Lords Amendment No. 157

 

As an Amendment to the Lords Amendment:—

 

Hilary Benn

 

Jack Dromey

 

Roberta Blackman-Woods

 

Helen Jones

 

Chris Williamson

 

Not called  (a)

 

Line  8,  after ‘unviable’, insert ‘, and in making the regulations the Secretary of

 

State must include provision for independent assessments to be made in any

 

case where economic unviability is cited.’.

 

Lords Amendments 157 to 184 Agreed to.

 


 

Lords Amendment No. 185

 

As an Amendment to the Lords Amendment:—

 

Hilary Benn

 

Jack Dromey

 

Roberta Blackman-Woods

 

Helen Jones

 

Chris Williamson

 

Not selected  (a)

 

Line  1,  leave out from ‘insert’ to end of line 11 and insert ‘“following a period of

 

two years, and sets out the other express terms of the tenancy.”.’.

 

Lords Amendments 185 to 368 Agreed to.

 


 

Lords Amendment No. 369

 

As an Amendment to the Lords Amendment:—


 
 

Proceedings on Consideration of Lords Amendments: 7 November 2011 

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Localism Bill, continued

 
 

Hilary Benn

 

Jack Dromey

 

Roberta Blackman-Woods

 

Helen Jones

 

Chris Williamson

 

Caroline Lucas

 

Not called  (a)

 

Line  5,  after ‘with’, insert ‘(including in particular a requirement that local

 

community organisations (as defined in the regulations) be given the

 

opportunity to comment on a proposal for a neighbourhood development

 

order)’.

 

Lords Amendment 369 Agreed to.

 


 

Lords Amendment No. 370

 

As an Amendment to the Lords Amendment:—

 

Hilary Benn

 

Jack Dromey

 

Roberta Blackman-Woods

 

Helen Jones

 

Chris Williamson

 

Caroline Lucas

 

Not called  (a)

 

Line  3,  after ‘development’, insert ‘which for this purpose means development

 

that meets the social, economic and environmental needs of the present without

 

compromising the ability of future generations to meet their own needs, based

 

on the following guiding principles—

 

(a)    

living within environmental limits, namely respecting the limits of the

 

planet’s environment, resources and biodiversity, to improve our

 

environment and ensure that the natural resources needed for life are

 

unimpaired and remain so for future generations;

 

(b)    

ensuring a strong, healthy and just society, namely meeting the diverse

 

needs of all people in existing and future communities, promoting

 

personal wellbeing, social cohesion and inclusion, and creating equal

 

opportunity for all;

 

(c)    

achieving a sustainable economy, namely building a strong, stable and

 

sustainable economy which provides prosperity and opportunities to all,

 

and in which environmental and social costs fall on those who impose

 

them and efficient resource use is incentivised;

 

(d)    

promoting good governance, namely actively promoting effective,

 

participative systems of governance in all levels of society and engaging

 

people’s creativity, energy and diversity; and

 

(e)    

using sound science responsibly, namely ensuring policy is developed on

 

the basis of strong scientific evidence, whilst taking into account

 

scientific uncertainty (through the precautionary principle) as well as

 

public attitudes and values.’.

 

Lords Amendments 370 to 390 Agreed to.

 



 
 

Proceedings on Consideration of Lords Amendments: 7 November 2011 

1121

 

Localism Bill, continued

 
 

Lords Amendment No. 391

 

As an Amendment to the Lords Amendment:—

 

Stephen Timms

 

Not called  (a)

 

Line  5,  at end insert ‘and, if more than 50 per cent. of the MDC’s area falls within

 

the area of a particular London council, the Mayor must, subject to sub-

 

paragraph (3), exercise the Mayor’s power under sub-paragraph (1) so as to

 

secure that the members of that MDC include at least two elected members of

 

that London council.’.

 

Lords Amendments 391 to 441 Agreed to.

 

 


 
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