Local Government and Public Involvement in Health Bill - continued          House of Commons

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Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

156

* Clause 138, page 99, line 5, at end add—

      ‘(5) After section 63(1) of that Act insert—

      “(1A) Confidential information obtained by ethical standards officers under section 61 or 62 shall be disclosed to the person who is the subject of the complaint on terms that the information is to be kept confidential by that person, his solicitors or counsel, and named advisers, if it is in the interest of fairness that it be disclosed.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

157

* Clause 138, page 99, line 5, at end add—

      ‘( ) After section 63(3) of that Act insert—

      “(3A) If an ethical standards officer is not able fairly to continue his investigation because of a notice given under subsection (2), he shall discontinue his investigation and state that the investigation is being discontinued because of the notice.”.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

158

* Clause 139, page 99, line 15, at end insert—

      ‘(3A) After subsection (3) insert—

      “(3B) Subject to subsections 3(C) and 3(D) where an ethical standards officer produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report.

      (3C) If the report contains information whose disclosure is prohibited by section 63 the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that persons, his solicitors or counsel, and named advisers.

      (3D) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is publish shall be in a redacted form.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

159

* Clause 139, page 99, line 25, at end insert—

      ‘(8A) After subsection (5) insert—

      “(5A) Subject to subsection (5B) where an ethical standards officer produces a report under this section he shall take reasonable steps to send to copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report.

      (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A) and is publish shall be in a redacted form.”.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

160

* Clause 139, page 99, line 32, at end add—

      ‘(11) After section 71(3) of that Act (reports etc) insert—

      “(3A) Subject to subsections (3B) and (3C) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report.

      (3B) If the report contains information whose disclosure is prohibited by section 63 of the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that person, his solicitors or counsel, and named advisers.

      (3C) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is published shall be in a redacted form.”.

      (12) After section 72(5) insert—

      “(5A) Subject to subsection (5B) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report.

      (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A0 and is published shall be in a redacted form.”.

      (13) In section 83(1) of that Act (interpretation of Part III) insert after “Police Act 1996”—

      “redacted form” means a version where confidential information has been removed and replaced by a non-confidential explanation of the removed material;’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

161

* Clause 140, page 99, leave out lines 36 to 40.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

162

* Clause 140, page 100, line 2, after ‘report’, insert ‘and the ethical standards officer has also produced the report in a redacted form’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

177

* Clause 140, page 100, line 2, leave out ‘it’ and insert ‘the unredacted report’.


Andrew Stunell
Tom Brake
Dr John Pugh

125

Clause 151, page 108, line 23, leave out ‘abolished’ and insert ‘to be amalgamated such that each new tribunal exercises jurisdiction over cases arising within each Government Standard Economic Region.’.


Mr Phil Woolas

135

Clause 159, page 114, line 33, leave out from ‘council’ to ‘county’ in line 34 and insert ‘in England, other than a council for a district in a county for which there is a’.


NEW CLAUSES

Single transferable vote

Andrew Stunell
Tom Brake
Dr John Pugh

NC1

    To move the following Clause:—

      ‘(1) This section applies to elections of members of any Principal or Parish Council, including by-elections.

      (2) Each vote in the poll at an election shall be a single transferable vote.

      (3) For the purposes of subsection (2), a single transferable vote is a vote—

        (a) capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and

        (b) capable of being transferred to the next choice when—

          (i) the vote is not needed to give a prior choice for the necessary quota of votes, or

          (ii) when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.’.


Concordat between local and central government

Andrew Stunell
Tom Brake
Dr John Pugh

NC2

    To move the following Clause:—

      ‘The Secretary of State shall enter into discussions within six months of this Bill coming into force with representatives from local government for the creation of an agreement setting out the rights and responsibilities of central government and local government in developing and maintaining secure democratic institutions, and shall report to the House annually on the implementation of that agreement.’.


Transfer of functions

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

NC3

    To move the following Clause:—

      ‘The Secretary of State shall by order designate the following functions for transfer from any regional assemblies or statutory bodies to relevant local authorities:

      (1) housing

      (2) planning

      (3) transport

      (4) learning and skills’.


Amendment of Local Government Act 2003

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

NC4

    To move the following Clause:—

      ‘Section 99 of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance) is hereby repealed.’.


Referendum to approve proposals

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

NC5

    To move the following Clause:—

      ‘(1) Subject to the provisions of section 37(3) the local authority may from time to time make proposals to adjust the number of councillors per ward and must hold a referendum in the ward or wards affected before taking any steps to implement them.

      (2) The local authority may not pass a resolution which makes the proposed change or changes unless the result of the referendum is to approve the proposals.

      (3) If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating in its area a notice which—

        (a) summarises the proposals;

        (b) states that the referendum did not approve the proposals;

        (c) summarises the authority’s existing arrangements; and

        (d) states that the authority will be continuing to operate those arrangements.’.


Changing scheme for ordinary whole council elections

Andrew Stunell
Tom Brake
Dr John Pugh

NC6

    To move the following Clause:—

      ‘(1) This section applies if an eligible council resolves, during a permitted resolution period, that the council is to be subject to the scheme for partial-council elections.

      (2) The council ceases to be subject to the scheme for whole council elections.

      (3) The council becomes subject to the scheme for partial-council elections.

      (4) The council must not pass the resolution unless it has taken reasonable steps to consult on the change to partial-council elections.

      (5) It is for the council to decide which persons it is appropriate to consult.

      (6) No resolution of the council may reverse the effect of this section within eight years of a resolution being made in accordance with subsection (1).

      (7) In this section “permitted resolution period”, in relation to an eligible council, means a period specified in the second column of the following table in relation to that type of council

Type of eligible council Permitted resolution periods
Metropolitan district (1) The period ending 31st December 2007
(2) The period in 2011, or in any fourth year afterwards, which—
(a) starts with 1st October, and (b) ends with 31st December.
Non-metropolitan district (1) The period ending with 31st December 2010.
(2) The period in 2014, or in any fourth year afterwards, which—
(a) starts with 1st October, and (b) ends with 31st December.

      (8) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of that period specified in the table.’.


Scheme for partial-council elections

Andrew Stunell
Tom Brake
Dr John Pugh

NC7

    To move the following Clause:—

      ‘(1) The scheme for partial-council elections is as follows.

      (2) The term of office of councillors is four years.

      (3) Elections of the councillors of the council are to be held in the year after the resolution is passed and every year after it other than every third year after it.

      (4) One third (or as nearly as may be) of the councillors are elected in each year in which the elections are held.

      (5) On the fourth day after elections are held—

        (a) the councillors elected in those elections are to come into office, and

        (b) the sitting councillors are to retire.

      (6) In this section—

      “resolution period” means the permitted resolution period in which the council passes a resolution for the purposes of section 32;

      “sitting councillors” means the councillors who hold office at the time ordinary elections are held.’.


Local authority resolution to change electoral system

Andrew Stunell
Tom Brake
Dr John Pugh

NC8

    To move the following Clause:—

      ‘(1) Any local authority may, not later than 12th September in the year that is two years before the year in which it shall take effect, resolve that the next two elections of the local authority will be held using an approved electoral system other than that used for the previous election.

      (2) A resolution under this section—

        (a) takes effect, subject to paragraph (b), for the next two elections of the local authority; and

        (b) continues in effect until either—

          (i) a further resolution under this section takes effect; or

          (ii) a poll of electors of the local authority held under this Act takes effect.

      (3) A local authority may not resolve to change its electoral system more than once every five years.’.


Approved electoral systems

Andrew Stunell
Tom Brake
Dr John Pugh

NC9

    To move the following Clause:—

      ‘(1) The following methods of election shall be approved electoral systems pursuant to this Act—

        (a) “First Past the Post” which means the system currently used for elections to the UK Parliament.

        (b) “Single Transferable Vote” as defined in the Local Government in Scotland Act 2003 (asp1) by the Scottish Parliament.

        (c) An “Additional Member System” as defined in the Scotland Act 1998 (c. 46).

        (d) An “Alternative Vote” system which is one in which if no candidate obtains the votes of 50 per cent. of those voting in a single member constituency the subsequent preferences of those who voted for the losing candidates are successively taken into account until one candidate has obtained 50 per cent. of those voting.

        (e) An “Alternative Vote Plus” system which is an Additional Member System in which the constituency Members are elected by means off the Alternative Vote system.’.


Local authority scrutiny of crime and disorder matters

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

NC10

    To move the following Clause:—

      ‘(1) Section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny of crime and disorder matters) is amended as follows.

      (2) Omit subsections (3) to (7).

      (3) In subsection (8) omit “or (7)”.

      (4) In subsection (11) omit the definition of “local crime and disorder matters.”.’.


Appointment of auditors

Mr Phil Woolas

NC11

    8 To move the following Clause:—

      ‘In section 3(6) of the Audit Commission Act 1998 (c. 18) (appointment of firm as auditor) for “each of its members” substitute “the appointment provides that the audit may be conducted only by a member or employee of the firm who”.’.


Inspection and disclosure of personal information

Mr Phil Woolas

NC12

    8 To move the following Clause:—

      ‘(1) Section 15 of the Audit Commission Act 1998 (c. 18) (inspection of documents and questions at audit) is amended as follows.

      (2) In subsection (3) for “about a member of the staff of the body whose accounts are being audited” substitute “within the meaning of subsection (3A) or (4)”.

      (3) After subsection (3) insert—

      “(3A) Information is personal information if—

        (a) it identifies a particular individual or enables a particular individual to be identified; and

        (b) the auditor considers that it should not be inspected or disclosed.”.

      (4) In subsection (4), for the words from the beginning to “if it” substitute “Information is personal information if it is information about a member of the staff of the body whose accounts are being audited which”.’.


Appointment of auditor to carry out agreed audits

Mr Phil Woolas

NC 13

    8 To move the following Clause:—

      ‘(1) Section 29 of the Audit Commission Act 1998 (c. 18) (agreed audit of accounts) is amended as follows.

      (2) In subsection (1), for “undertake the audit of” substitute “appoint an auditor to audit”.

      (3) After subsection (1) insert—

      “(1A) An auditor appointed under subsection (1) may be—

        (a) an officer of the Commission,

        (b) an individual who is not an officer of the Commission, or

        (c) a firm of individuals who are not officers of the Commission.”.

      (4) In subsection (2), after “the Commission” insert “, the auditor”.’.


Alternative procedure for byelaws (consequential amendments)

Tom Brake

NC14

    * To move the following Clause:—

      ‘(1) The Public Health Act 1961 (c. 64) is amended as follows.

      (2) In section 75 (Byelaws as to pleasure fairs and roller skating rinks) omit subsection (8).

      (3) In section 76 (Byelaws as to seaside pleasure boats) omit subsection (2).

      (4) In section 77 (Byelaws as to hairdressers and barbers) omit subsection (3).’.


Mr Phil Woolas

147

8 Schedule 15, page 170, line 48, leave out ‘4’ and insert ‘1’.

Mr Phil Woolas

148

8 Schedule 15, page 173, line 10, column 2, at end insert—

‘Section 42.’.

Mr Phil Woolas

149

8 Schedule 15, page 173, line 11, at end insert—

‘In Schedule 1, paragraph 8(2)(d).
Government of Wales Act 1998 (c. 38) In Schedule 16, paragraphs 101 and 102.’.

Mr Phil Woolas

150

8 Schedule 15, page 173, line 20, column 2, at end insert—

‘In Schedule 2, paragraph 31(a).’.

Mr Phil Woolas

    That certain written evidence already reported to the House be appended to the proceedings of the Committee.

ORDER OF THE HOUSE [22ND JANUARY 2007]

       The following provisions shall apply to the Local Government and Public Involvement in Health Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [30TH JANUARY, 8TH FEBRUARY AND 20TH FEBRUARY]

       That—

        (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 30th January) meet—

        (a) at 4.30 p.m. on Tuesday 30th January;

        (b) at 9.30 a.m. and 2.00 p.m. on Thursday 1st February;

        (c) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th February;

        (d) at 9.30 a.m. on Thursday 8th February;

        (e) at 10.30 a.m. and 4.30 p.m. on Tuesday 20th February;

        (f) at 9.30 a.m. and 2.00 p.m. on Thursday 22nd February;

        (g) at 10.30 a.m. on Tuesday 27th February;

        (h) at 9.30 a.m. and 2.00 p.m. on Thursday 1st March;

        (i) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th March;

        (j) at 9.30 a.m. and 2.00 p.m. on Thursday 8th March;

        (2) the Committee shall hear oral evidence in accordance with the following Table;

TABLE
Date Time Witness
Tuesday 30th January Until no later than
1.00 p.m.
Local Government Association
Tuesday 30th January Until no later than
5.15 p.m.
Gordon Keymer CBE, Chair of the District Councils Group, Local Government Association
Tuesday 30th January Until no later than
6.00 p.m.
London Councils
Tuesday 30th January Until no later than
7.00 p.m.
Health Link
Thursday 1st February Until no later than
10.25 a.m.
Unlock Democracy
Thursday 1st February Until no later than
4.00 p.m.
Department for Communities and
Local Government, Department of Health

        (3) Proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 104; Schedule 7; Clauses 105 to 112; Schedule 8; Clauses 113 to 116; Schedule 10; Clause 117; Schedule 11; Clause 118 to 151; Schedule 12; Clauses 152 to 165; Schedule 14; Clauses 166 to 169; new Clauses; new Schedules; Clauses 170 to 176; Schedules 1 to 6; Schedule 9; Schedule 13; Schedule 15; remaining proceedings on the Bill;

        (4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 8th March.


 
 
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Prepared: 22 February 2007