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Ms Armstrong: My hon. Friend obviously did not hear or understand what I said. [Hon. Members: "Oh!"] We are trying to hold a debate, but Conservative Members are not used to that.
In the draft guidance, we say that significant decisions should not be a surprise to those whom they may affect, and there is much more in the guidance on that point. It explains how executives will consult on, and work through, options before they take a decision. Some authorities--and members of them are present today--take careful pre-scrutiny positions so that their scrutiny committees are involved before a decision is made. Some of those decisions will be taken in public. However, some emergency decisions are taken by an officer without people receiving any prior knowledge. Such decisions do not receive scrutiny and they are not accountable. In future, emergency decisions will be taken by an executive, and they may need to be taken quickly on the day that a problem arises. In those circumstances, it would be difficult and might threaten the safety of children or other people if executives were not able to take decisions without having to give the three-days' notice that is in the current arrangements. The aim is to achieve more open and accountable decision making. I hope that the ideas of colleagues and others will enable us to include a process in the Bill that people are convinced is more open and will allow proper decision making.
Mr. Gray: Will the right hon. Lady give way?
Ms Armstrong: No, I have already given way to the hon. Gentleman.
I urge all councils and councillors to recognise that the new system is part of a new culture of openness, accountability and closer working relationships with the public, and I hope that they will introduce ways of working that express that culture and which are not bound up with traditional methods.
Mr. Llew Smith: As I understand it, the Bill does not require the executive even to publish the agenda. If it does not, how can people outside the executive--other councillors and the general public--know what policies are being discussed and what options are available?
Ms Armstrong: That is precisely why I say that there should be a new culture. On some occasions, it would be absolutely right and possible to publish an agenda, but if, for example, a child abuse case required a quick decision, there would be no opportunity to publish an agenda. Hon. Members say that we can deal with such situations now, but we are seeking to ensure that elected members make
those decisions, whereas in the past they have been almost exclusively delegated to officers. Such a shift requires new rules. If councils are working within that--
Mr. Deputy Speaker: Order. I know that the right hon. Lady is seeking to answer points made by her colleagues, but she should be addressing the Chair, not turning her back on me.
Ms Armstrong: I apologise, Mr. Deputy Speaker. I usually talk only to the Chair, but sometimes I feel that I am being rude to those behind me.
I am seeking to make sure that hon. Members know that we aim to introduce a new culture, but we are also trying to find ways to ensure that there is proper, effective decision making. It is clear that Opposition Members do not want proper, effective decision making; they are simply looking for ways to have a go at local government.
I move now to part III, which introduces the new ethical framework. That is an integral part of our plans to bring new life to local democracy. Effective democratic government is dependent on the bond of trust between the community and those who represent them, whether in local, regional or central Government. Restoring and strengthening that bond is vital. No unethical behaviour is acceptable. In the few cases where it does occur, we need to make sure that there is a suitable framework for investigating and punishing any wrongdoing. Part III establishes such a framework.
Sir Paul Beresford: Many hon. Members on both sides of the House are deeply concerned that the mechanism that the Minister is setting up will engender the possibility of more corruption. Part of her answer to that point is the scrutiny committee, which she says should not be whipped. If, however, she has read the evidence given to the Select Committee by the leader of Hammersmith and Fulham council, she will be aware of the pressure of patronage--cronyism. How can she answer that point?
Ms Armstrong: Every system, as we know, is open to corruption. We intend to make sure that there are methods of dealing with wrong-doing, by making processes as open and accountable as possible, in a way that they are not at the moment. We hope that the Bill will ensure that anybody who is interested in coming into public service for corrupt means thinks that it is not worth trying to do so. I believe that the provisions in part III will help us to do that.
Those provisions establish a framework, the principal components of which are: statutory codes of conduct to which all members of local authorities must sign up; standards committees within councils to promote and maintain high standards of conduct; and an independent mechanism for the investigation of allegations of misconduct. In England, the latter function will be the role of a new body, the Standards Board; and in Wales, the Commission for Local Administration in Wales will take on the task. There will also be a separate tribunal mechanism with the power to impose suitable penalties, ranging from censure to suspension from standing as a councillor for up to five years. Alongside those arrangements, the Bill includes provision for the repeal of surcharging. That is in line with the recommendations of the Nolan committee and, more recently, the Joint Committee that considered the draft Bill.
The welfare services provisions in clauses 86 and 87 are only a small part of the Bill, but they are vital to many people in Great Britain. They are designed to improve the quality and diversity of support services by introducing a new holistic planning and grant-making system at local level. That means that vulnerable people will be able to receive the support they need to live independently in the community, and it gives local authorities an important community leadership role in the planning and provision of services in partnership with others.
We shall table an amendment in Committee to facilitate joint working through a one-off transfer of data at the point of change to the new system. That will ensure that vulnerable people continue to receive the vital services they need during the changeover period, and beyond.
Mr. Bercow: Will the Minister give way?
Mr. Bercow: Yes--it is a most important point. The right hon. Lady rightly refers to standards committees, and I am sure that she is familiar with the provisions of clause 49. Will the regulations governing the size and composition of those committees be subject to the negative or the affirmative procedure?
Ms Armstrong: That is not the point to which I was speaking, but never mind. I am sure that that will be an issue of debate in Committee--
Mr. Bernard Jenkin (North Essex): She does not know!
Ms Armstrong: We have not yet finished the Bill. As the hon. Gentleman knows, we worked co-operatively on the previous legislation; on many occasions when pressure was exerted in Committee to change provisions in the Bill, we agreed to do so. I do not want to preclude the possibility of doing that with this Bill. Perhaps he likes to work in a confrontational way, but I prefer to work, as far as possible, in a co-operative way--as he knows from his experience on previous legislation.
The Government also intend to introduce an amendment to the Bill that will enable local authorities to respond better to the needs of the national child care strategy. The Under-Secretary of State for Education and Employment, my hon. Friend the Member for Barking (Ms Hodge), submitted an outline of the amendment in a parliamentary answer given today. Local authorities cannot pass on any of the costs of the child care that they provide to parents who receive the working families tax credit. We will continue to provide free child care where children are in need, but we want the child care tax credit within the WFTC to help families with their child care costs. Therefore, the amendment will allow local authorities to charge other parents receiving WFTC a proportion of their child care costs.
Clause 91 amends section 2A of the Local Government Act 1986--more infamously known as section 28. The Government are committed to its repeal and will table amendments to achieve that. It would be fair to say that the debate so far on this issue has generated more heat
than light, so before Opposition Members attempt to raise the temperature again, let me set out clearly the limits and deficiencies of the legislation.Contrary to popular belief, section 2A does not apply to schools and, therefore, has no effect on what is taught in the classroom. That was clearly recognised by the previous Government and was spelled out in guidance that they issued in 1994. It does, however, inhibit local authorities from addressing the legitimate needs of a particular section of their communities. The Government believe that there is no place for such discriminatory legislation on the statute book.
Local authorities should be free to address the needs of the gay community in exactly the same way as they address the needs of other groups, and it should be for authorities--properly accountable to local people--to decide what action they need to take to improve the quality of life of all sections of their community. That simple principle is at the heart of the Bill. I make no apologies for it, and none for telling the House that we will table amendments to the Bill to repeal section 2A of the 1986 Act.
In response to an earlier intervention, I can say that there are considerable doubts whether section 2A is compatible with the European convention on human rights. Clause 91, inserted in the other place, amends but also reaffirms the provisions of section 2A. By extension, the amendment makes it doubtful that the Bill is compatible with the European convention on human rights.
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