Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Wednesday 21 October 2015

 

Committee of the whole House

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC30

 

Cities and Local Government Devolution Bill


 

[Lords]


 

Note

 

This document includes all remaining amendments and includes any withdrawn

 

amendments at the end. The amendments have been arranged in accordance with

 

the Order of the House [14 October 2015].

 


 

Clauses 1 and 2; New Clauses and New Schedules relating to the subject

 

matter of Clauses 1 and 2; Clause 3; Schedule 1; Clause 4; New Clauses and

 

New Schedules relating to the subject matter of Clauses 3 and 4;

 

Secretary Greg Clark

 

29

 

Clause  1,  page  1,  line  14,  leave out “under section 2”

 

Member’s explanatory statement

 

This amendment would be consequential on leaving out clause 2.

 


 

Secretary Greg Clark

 

3

 

Page  2,  line  1,  leave out Clause 2

 

Member’s explanatory statement

 

This removes the obligation for a Minister introducing a Bill in either House of Parliament to make

 

and publish a written devolution statement before that Bill’s Second Reading.

 



 
 

Committee of the whole House: 21 October 2015            

2

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

Mr Graham Allen

 

NC1

 

To move the following Clause—

 

         

“Competences of local government

 

(1)    

The Secretary of State must, after consultation with representatives from local

 

government, publish a list of competences of local government.

 

(2)    

After the list has been published, the Secretary of State may not publish any

 

amended list of competences of local government without first obtaining

 

approval of the revised list consent from—

 

(a)    

the House of Commons, with two-thirds of its membership voting in

 

favour of the amended list, and

 

(b)    

the Local Government Association.”

 

Member’s explanatory statement

 

This new clause would define the independence of local government, and entrench it beyond easy

 

repeal.

 


 

Mr Graham Allen

 

NC13

 

To move the following Clause—

 

         

“Double Devolution statements

 

(1)    

A Minister of the Crown who has introduced a Bill in either House of Parliament

 

having the effect of devolving functions or powers of the United Kingdom

 

Parliament or the Secretary of State to a combined authority must, before the

 

second reading of the Bill, make a double devolution statement on the

 

arrangements for further devolving those functions or powers to the most

 

appropriate local level except where those powers can more effectively be

 

exercised by central government or by a combined authority.

 

(2)    

The statement must be in writing and be published in such a manner as the

 

Minister making it considers appropriate.”

 

Member’s explanatory statement

 

The intention of this new Clause is to make clear what double devolution to smaller councils and

 

neighbourhoods will occur in the wake of big city deals being agreed by combined authorities

 

when giving powers to cities and/or combined authorities.

 


 

Mr Graham Allen

 

NC18

 

To move the following Clause—

 

         

“‘Independent Review, Support and Governance

 

(1)    

It shall be the duty of the Secretary of State to lay before each House of

 

Parliament each year a report about devolution within England and Wales

 

pursuant to the provisions of this Act (an “annual report”).

 

(2)    

An annual report shall be laid before each House of Parliament as soon as

 

practicable after 31 March each year.


 
 

Committee of the whole House: 21 October 2015            

3

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(3)    

The Secretary of State may by order make provision for an Independent

 

Commission or Advisory Board to undertake a review, challenge and advisory

 

role in relation to:’

 

(a)    

reviewing orders and procedure arising from the Secretary of State’s

 

decisions; and

 

(b)    

requests for orders received from combined or single local authorities.”

 

Member’s explanatory statement

 

This new clause would ensure the Secretary of State has the necessary power to create an

 

Independent Commission or Advisory Board to scrutinise the work of the Secretary of State

 

relating to devolution, Annual Devolution Report and handle requests from local government

 

about the decisions made by the Secretary of State.

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

NC22

 

To move the following Clause—

 

         

“Devolution in London

 

(1)    

Within six months of the passing of this Act, the Secretary of State must publish

 

a report on a greater devolution of powers in London, including on whether to

 

make provision for the Secretary of State to—

 

(a)    

transfer a public authority function to a joint committee of London

 

councils, and

 

(b)    

establish a joint board between London boroughs and the Mayor of

 

London to support further devolution in London, and

 

(c)    

devolve responsibility on fiscal powers, including but not limited to,

 

setting and revaluating local tax rates, banding and discounts.”

 

Member’s explanatory statement

 

This new Clause makes it a requirement for the Secretary of State to report on further devolution

 

options for London, including fiscal devolution (e.g. council tax revaluation, etc) which has been

 

called for by the Greater London Assembly and the Mayor of London.

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

NC23

 

To move the following Clause—

 

         

“Fair funding settlement: report

 

Within six months of the passing of this Act, the Secretary of State must publish

 

a report on the impact on the functions of combined authorities of the fairness of


 
 

Committee of the whole House: 21 October 2015            

4

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

the distribution of funding from central government to local authorities,

 

particularly with regard to levels of deprivation.”

 

Member’s explanatory statement

 

This new Clause would require a report linking the impact of devolution with the level of funding.

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

NC25

 

To move the following Clause—

 

         

“Public authority functions

 

Within one month of the passing of this Act, the Secretary of State must publish

 

a list of public authority functions which may be the subject of a transfer of

 

functions under the provision of this Act.”

 

Member’s explanatory statement

 

This new Clause would require the Government to be more specific about the functions which it

 

intends to developed to mayors, combined authorities and other local authorities.

 


 

Secretary Greg Clark

 

4

 

Clause  3,  page  2,  line  18,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the prohibition against an order providing for there to be a mayor for

 

the area of a combined authority as a condition for agreeing to transfer the functions of local

 

authorities or other public bodies to that combined authority.

 

William Wragg

 

Philip Davies

 

Mr David Nuttall

 

Adam Holloway

 

Jeremy Lefroy

 

Dr Julian Lewis

 

Mr Graham Brady

 

Chris Davies

 

Sir Edward Leigh

 

Chris Green

 

Mr Christopher Chope

 

Craig Mackinlay

 

Mr Charles Walker

 

Mr Peter Bone

 

Mr Steve Baker

 

Mr Philip Hollobone

 

51

 

Clause  3,  page  2,  line  19,  at end insert—

 

“(2A)    

An order under subsection (1) may not be made unless the proposition that the

 

combined authority have a mayor is approved by a referendum of the electorate

 

in that combined authority.”

 

Member’s explanatory statement

 

The intention of this amendment is that elected mayors will be introduced only if that proposal has

 

been endorsed, in a referendum, by 50% of the population.


 
 

Committee of the whole House: 21 October 2015            

5

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

Mr Graham Brady

 

William Wragg

 

Mr David Nuttall

 

Sir Edward Leigh

 

Mr Philip Hollobone

 

Mr Christopher Chope

 

Andrew Percy

 

43

 

Clause  3,  page  2,  line  31,  leave out subsection (8) and insert—

 

“(8)    

An order under this section providing for there to be a mayor for the area of a

 

combined authority may be revoked or amended by making a further order under

 

this section; this does not prevent the making of an order under section 107

 

abolishing the authority (together with the office of mayor) or providing for a

 

constituent part of the combined authority to leave the combined authority and to

 

resume its existence as a separate local authority.

 

(8A)    

An order under this section providing for a constituent part of the combined

 

authority to leave the combined authority and to resume its existence as a separate

 

local authority must make fair provision for a reasonable and proportionate

 

division of resources between the former combined authority and the seceding

 

local authority.”

 

Member’s explanatory statement

 

The intention of this amendment is that a constituent part of a combined authority can leave a

 

combined authority without the combined authority being dissolved, with provision for “fair

 

terms” for the leaving part (i.e. their resource is calculated on a per capita basis, or similar.)

 

Mr Jacob Rees-Mogg

 

46

 

Clause  3,  page  2,  line  38,  at end insert—

 

“(10)    

This section does not apply to the County of Somerset, as defined by the

 

Lieutenancies Act 1997.”

 

Nigel Mills

 

39

 

Clause  3,  page  3,  line  2,  at end insert—

 

“(1A)    

For an area of a Combined Authority where for any part of that area there exists

 

both a County Council and District Council, no order may be made under section

 

107A unless either the Secretary of State or the existing combined authority has

 

carried out a consultation with local government electors on replacing the existing

 

County Council and District Councils with one or more unitary authorities.”

 

Mr Graham Brady

 

William Wragg

 

Mr David Nuttall

 

Sir Edward Leigh

 

Mr Christopher Chope

 

Mr Philip Hollobone

 

44

 

Clause  3,  page  3,  line  14,  at end insert—

 

“(4A)    

A constituent council may withdraw consent after the creation of a combined

 

authority and a mayor for that authority.

 

(4B)    

Where one or more constituent councils have withdrawn their consent under

 

subsection (4A), the Secretary of State must make an order either:

 

(a)    

abolishing the combined authority and the office of mayor, or


 
 

Committee of the whole House: 21 October 2015            

6

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(b)    

reconstituting the combined authority without the non-consenting

 

council or councils concerned”.

 

Member’s explanatory statement

 

The intention of this amendment is that a constituent council may withdraw its consent to the

 

creation of a combined authority, in which case the Secretary of State must either abolish the

 

authority and mayor or re-constitute the authority without any non-consenting council.

 

Mr Graham Allen

 

53

 

Clause  3,  page  3,  line  27,  at end insert—

 

“(2A)    

The Secretary of State may make an order under section 107A in relation to a

 

combined authority‘s area if a proposal for other appropriate governance and

 

accountability structures for the authority’s area has been made to the Secretary

 

of State by the constituent authorities.

 

(2B)    

The Secretary of State may set out accountability and governance tests in respect

 

of other appropriate governance structures.

 

(2C)    

Orders may allow for a mayor or other appropriate governance structure to enter

 

into collaborative working arrangements with more than one combined authority,

 

or local partnership board covering for example rural areas.”

 

Member’s explanatory statement

 

This amendment would allow for a Mayor to work with more than one Combined Authority, or

 

partnership board covering, for example, rural areas.

 


 

Secretary Greg Clark

 

18

 

Schedule  1,  page  21,  line  29,  after “State” insert “or the Chancellor of the Duchy of

 

Lancaster”

 

Member’s explanatory statement

 

This provides for the order making power in paragraph 3 of new Schedule 5B to the Local

 

Democracy, Economic Development and Construction Act 2009 to be exercised concurrently with

 

the Chancellor of the Duchy of Lancaster.

 

Secretary Greg Clark

 

19

 

Schedule  1,  page  25,  line  28,  after “State” insert “or the Chancellor of the Duchy of

 

Lancaster”

 

Member’s explanatory statement

 

This amendment provides for the order making power in paragraph 12 of new Schedule 5B to the

 

Local Democracy, Economic Development and Construction Act 2009 to be exercised

 

concurrently with the Chancellor of the Duchy of Lancaster.

 

Secretary Greg Clark

 

20

 

Schedule  1,  page  26,  line  12,  after “State” insert “or the Chancellor of the Duchy of

 

Lancaster”

 

Member’s explanatory statement

 

This amendment provides that before making an order under paragraph of 12 of new Schedule 5B

 

to the Local Democracy, Economic Development and Construction Act 2009 the Chancellor of the

 

Duchy of Lancaster must consult the Electoral Commission.


 
 

Committee of the whole House: 21 October 2015            

7

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

Secretary Greg Clark

 

21

 

Schedule  1,  page  26,  line  13,  after “State” insert “or the Chancellor of the Duchy of

 

Lancaster”

 

Member’s explanatory statement

 

This amendment provides that the Chancellor of the Duchy of Lancaster can only make an order

 

limiting the expenses that can be incurred during an election for the return of a mayor, on the

 

recommendation of the Electoral Commission.

 

Secretary Greg Clark

 

22

 

Schedule  1,  page  26,  line  17,  after “State” insert “or the Chancellor of the Duchy of

 

Lancaster”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 20.

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

Kate Green

 

57

 

Clause  4,  page  3,  line  33,  at end insert—

 

“(1A)    

Where the mayor for the area of a combined authority appoints a deputy, regard

 

to gender balance must be given”

 

Member’s explanatory statement

 

This amendment is intended to make sure that gender balance is taken into account in mayor/

 

deputy teams

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

NC21

 

To move the following Clause—

 

         

“Consultation with local community

 

The Secretary of State must make an order to determine the consultation

 

processes which will be used with the local community.”

 

Member’s explanatory statement

 

This amendment is intended to ensure that mayors are provided only where the local resident

 

population has been properly consulted.

 



 
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