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5 Mar 2003 : Column 836—continued
Mr. Raynsford: If the hon. Gentleman thinks about it, he will realise that if there is an appropriate mechanism—I shall not anticipate what precisely that might be, because as I said, these are issues that need to be discussed and finalised following consultation—to avoid the short-term cyclical effects that he describes, and to ensure that there is genuine reward for effort to achieve an increase in the tax base without short-term fluctuations, that will make the scheme simpler. If it followed all the short-term movements that he describes, it would be an inherently more complex scheme. The contradiction that he thinks he has found does not exist. It is possible to have a scheme that is relatively straightforward—not totally simple; I accept that these are complex matters—which removes unnecessary complexity and which has the advantages that I described.
The hon. Member for Runnymede and Weybridge asked about section 3A(a) of the Local Government Finance Act 1988. I am pleased to tell him that there is a section 3A(a), and I shall read it to him. It states:
- "The Secretary of State may by regulations make provision as regards any financial year—
(a) that a billing authority must estimate at a prescribed time in the preceding financial year and in accordance with prescribed rules whether there is a deficit or surplus in its collection fund for the year and, if so, the amount of the deficit or surplus".
Mr. Raynsford: I shall ensure that the hon. Gentleman gets a full answer to that question. I can assure him that section 3A(a) exists.
The hon. Member for Kingston and Surbiton began by saying that he was in a bit of a quandary. That is a normal place for Liberal Democrats to be. Let me reassure him that he just about got there in the end, recognising that the measure is positive and deals with devolving greater financial responsibility to local authorities. We do not agree that there is a case for devolving the entire national non-domestic rate to local determination, for a number of reasons that we can explore on another occasion. We have already debated the matter.
The balance of funding review that we are initiating soon will look at a range of issues, and I have no doubt that some people may wish to raise the issue in that context. No doubt the hon. Gentleman and his colleagues will continue to press the matter, but there are not just serious technical issues relating to fairness because of the considerable disparity in the non-domestic rate values area by area; there are genuine worries on the part of business, which is not at all attracted by the idea of relocalisation. I have stressed that we are keen to encourage good working relationships between local authorities and business, and we see our proposals as one way of achieving that. I hope that the necessary new clause and the appropriate amendments will be added to the Bill.
Clause read a Second time, and added to the Bill.
New Clause 14
Standards Committees and Monitoring Officers: Delegation
'(1) In Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government members), after section 54 there is inserted—
"54A Subcommittees of standards committees
(1) A standards committee of a relevant authority may appoint one or more subcommittees for the purpose of discharging any of the committee's functions, whether or not to the exclusion of the committee.
(2) Subsection (1) does not apply to functions under section 55 or 56.
(3) A subcommittee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed.
(4) As regards subcommittees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales—
(a) regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such subcommittees, and
(b) sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such subcommittees as they apply in relation to standards committees.
(5) As regards subcommittees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority—
(a) regulations under section 53(11) may make provision in relation to such subcommittees, and
(b) section 54(5) and (7) apply in relation to such subcommittees as they apply in relation to standards committees.
(6) Subject to any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)—
(a) the number of members of a subcommittee under subsection (1), and
(b) the term of office of those members,
are to be fixed by the standards committee by which the subcommittee is appointed."
(2) In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—
"Delegation by monitoring officers
82A Monitoring officers: delegation of functions under Part 3
(1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section 60(2), 64(2), 70(4) or 71(2).
(2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.
(3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer's staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—
(a) to which this section applies, and
(b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,
those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.
(4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer's opinion, sufficient to allow those functions to be performed.
(5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—
(a) pay the person a reasonable fee for performing the functions,
(b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and
(c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person's performance of the functions."
(3) In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation etc. of monitoring officers), after subsection (7) there is inserted—
"(7A) Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).".'.— [Mr. Leslie.]
Brought up, and read the First time.
The Parliamentary Under-Secretary of State, Office of the Deputy Prime Minister (Mr. Christopher Leslie) : I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Michael Lord) : With this it will be convenient to discuss Government amendments Nos. 31 and 32.
Mr. Leslie: New clause 14 is an important proposal concerning standards committees and monitoring officers in local authorities and makes two important changes in the regime governing the conduct of local councillors introduced in part 3 of the Local Government Act 2000.
The first important change allows standards committees of local authorities to create sub-committees. That is necessary because if standards committees are to consider reports of alleged misconduct, it would be fairer and more consistent with human rights for a small tribunal—say, between three and five people—to constitute the tribunal, rather than the full standards committee.
Mr. Hammond: I do not disagree that a smaller committee may be convenient, but I would be fascinated to know where in the Human Rights Act or the European convention on human rights the Minister finds any reference to the size of the tribunal.
Mr. Leslie: I am glad that the hon. Gentleman asks me that. Article 6 of the European convention on human rights states that everyone is entitled to a fair hearing. Some standards committees have 19 members, so there is a risk that such a tribunal would be too large and the case would turn into a show trial. A large tribunal could be intimidating to some members whose case was being considered. Case law suggests that we should make sure that the opportunity for a fairer hearing for those cases is available. We need to make the change in primary legislation so that the regulations can follow.
The second change allows monitoring officers of local authorities—those in local councils who will do the job of investigating—to delegate the function of carrying out the investigation. The provision is needed because monitoring officers can have other responsibilities in local authorities, especially smaller local authorities—for example, they may be the local council's principal legal adviser. On occasions monitoring officers may, therefore, have been involved in the very matters to be investigated, possibly having given informal advice earlier to a councillor under investigation. To avoid conflicts of interest, the new clause provides an explicit power for a monitoring officer to delegate those functions to another person.
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