House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 22nd May 2007
318

Local Government and Public Involvement, continued

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  167

Page  44,  line  13  [Clause  58],  leave out ‘an eligible’ and insert ‘a’.

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  168

Page  44,  line  14  [Clause  58],  leave out ‘an eligible’ and insert ‘a’.

Secretary Ruth Kelly

Agreed to  228

Page  44,  line  24  [Clause  59],  leave out subsections (1) and (2).

Secretary Ruth Kelly

Agreed to  229

Page  45,  line  1  [Clause  59],  after ‘review’, insert ‘(including any modification of

those terms)’.

Secretary Ruth Kelly

Agreed to  230

Page  45,  line  20  [Clause  60],  leave out ‘proposed recommendations’ and insert

‘recommendations which the petitioners wish a community governance review to

consider making’.

Secretary Ruth Kelly

Agreed to  231

Page  45,  line  27  [Clause  60],  leave out subsection (7).

Secretary Ruth Kelly

Agreed to  232

Page  45,  line  43  [Clause  60],  leave out subsection (10).

Secretary Ruth Kelly

Agreed to  233

Page  46,  line  7,  leave out Clause 61.

Report Stage Proceedings: 22nd May 2007
319

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  91

Page  46,  line  22  [Clause  62],  leave out ‘authority’ and insert ‘council’.

Secretary Ruth Kelly

Agreed to  234

Page  46,  line  32  [Clause  62],  at end insert—

‘(aa)
Part 1 of this Act,’.

Secretary Ruth Kelly

Agreed to  235

Page  46,  line  33  [Clause  62],  leave out ‘or 26’.

Secretary Ruth Kelly

Agreed to  236

Page  48,  line  15  [Clause  66],  after ‘recommendations’, insert ‘as’.

Secretary Ruth Kelly

Agreed to  237

Page  48,  line  32  [Clause  68],  at end insert—

‘(2A)
The Electoral Commission may by order give effect to recommendations made

under subsection (2).

(2B)
The Electoral Commission must notify each relevant principal council of whether

or not the Commission have given effect to recommendations made under

subsection (2).

(2C)
If the Electoral Commission have given effect to the recommendations, they must

also send each relevant principal council two copies of the order under this

section.’.

Secretary Ruth Kelly

Agreed to  238

Page  48,  line  38  [Clause  68],  at end insert—

‘“relevant principal council”, in relation to recommendations under

subsection (2), means—

(e)
the principal council that made the recommendations, and

(f)
if the recommendations are made by a district council for an area

for which there is a county council, the county council.’.

Secretary Ruth Kelly

Agreed to  239

Page  49,  line  16  [Clause  69],  leave out ‘arrangements (other than’ and insert ‘other

arrangements (apart from’.

Secretary Ruth Kelly

Agreed to  240

Page  49,  line  25  [Clause  69],  leave out from ‘with’ to end of line 30 and insert ‘the

Report Stage Proceedings: 22nd May 2007
320

Local Government and Public Involvement, continued

day on which the council begins the review.’

Secretary Ruth Kelly

Agreed to  241

Page  51,  line  8  [Clause  72],  at end insert—

‘(2A)
The steps taken under subsection (2) must include publication of a notice setting

out the matters referred to in subsection (2)(a) and (b).’.

Secretary Ruth Kelly

Agreed to  242

Page  52,  line  24  [Clause  74],  at end insert—

‘(7)
An order under section 68 may include such incidental, consequential,

transitional or supplementary provision as may appear to the Electoral

Commission to be necessary or proper for the purposes of, or in consequence of,

or for giving full effect to, the order.’.

Secretary Ruth Kelly

Agreed to  19

Page  53,  line  8  [Clause  75],  leave out ‘Chapter 1 of Part 1 (see section 23)’ and

insert ‘section 16’.

Secretary Ruth Kelly

Agreed to  243

Page  53,  line  21  [Clause  76],  leave out ‘local authority’ and insert ‘council’.

Secretary Ruth Kelly

Agreed to  244

Page  53,  [Clause  78],  leave out line 26 and insert—

‘(1)
This section applies for the purposes of this Chapter.

(2)
The following expressions have the meanings given—’.

Secretary Ruth Kelly

Agreed to  245

Page  54,  line  4  [Clause  78],  at end insert—

‘“petition area” means the area to which a community governance petition

relates;’.

Report Stage Proceedings: 22nd May 2007
321

Local Government and Public Involvement, continued

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  169

Page  54,  line  6  [Clause  78],  at end insert ‘or’.

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  170

Page  54,  line  8  [Clause  78],  leave out from ‘councils’ to end of line 9.

Secretary Ruth Kelly

Agreed to  246

Page  54,  line  10  [Clause  78],  at end insert—

‘“relevant two-year period”, in relation to receipt of a community

governance petition, means the period of two years ending with the day

on which the petition is received by the principal council;

“specified recommendations”, in relation to a community governance

petition, means the recommendations—

(g)
specified in the petition, or

(h)
treated by section 61 as included in the recommendations

specified in the petition;’.

Secretary Ruth Kelly

Agreed to  247

Page  54,  line  11  [Clause  78],  at end insert—

‘(3)
A principal council “begins” a community governance review when the council

publishes the terms of reference of the review.

(4)
A principal council “concludes” a community governance review when the

council publishes the notice required by 72(2A).

(5)
A principal council is “in the course of undertaking” a community governance

review in the period between—

(a)
beginning the review, and

(b)
concluding the review.

(6)
The terms of reference of a community governance review “allow for a

community governance petition to be considered” if the terms of reference of the

review are such that—

(a)
the area under review includes the whole of the petition area; and

(b)
the recommendations to be considered by the review include all of the

petition’s specified recommendations.’.

Report Stage Proceedings: 22nd May 2007
322

Local Government and Public Involvement, continued

Mr Andrew Dismore

Dr Evan Harris

Ms Karen Buck

Not called  250

Page  97,  line  10  [Clause  141],  leave out from ‘include’ to end of line 11 and insert

‘the principle that the conduct of a member or co-opted member in their private capacity

is not covered by this Part of this Act except where it has resulted in a criminal conviction

which is directly relevant to the performance of the official functions of the member or

co-opted member’.

Mr Andrew Dismore

Dr Evan Harris

Ms Karen Buck

Not called  251

Page  97,  line  14  [Clause  141],  leave out from ‘apply’ to end of line 15 and insert ‘to

the conduct of a member or co-opted member in their private capacity where that conduct

has resulted in a criminal conviction which is directly relevant to the performance of the

official functions of the member or co-opted member’.

Andrew Stunell

Dr John Pugh

Tom Brake

Not called  134

Page  97,  line  15  [Clause  141],  at end insert—

‘(4B)
Such provisions shall include a right of a person who is member of a relevant

body to speak and vote at any meeting of that body or of any delegated committee

or sub-commitee to which he has been appointed in respect of the determination

of any planning applications within the area which he represents on that body, not

withstanding any disclosure he may have made about his predisposition in respect

of that application.’.

Mr Andrew Dismore

Dr Evan Harris

Ms Karen Buck

Not called  252

Page  97,  line  19  [Clause  141],  leave out from ‘apply’ to end of line 20 and insert ‘to

the conduct of a member or co-opted member in their private capacity where that conduct

has resulted in a criminal conviction which is directly relevant to the performance of the

official functions of the member or co-opted member’.

Philip Davies

Not called  260

Page  99,  line  2,  leave out Clauses 143 and 144.

Secretary Ruth Kelly

Agreed to  61

Page  99,  line  36  [Clause  143],  leave out ‘section 57B’ and insert ‘sections 57B and

57BA’.

Report Stage Proceedings: 22nd May 2007
323

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  62

Page  100,  line  18  [Clause  143],  at end insert—

‘57BA
Information to be given to subject of allegation

(1)
Subsections (2) to (4) apply where a person makes an allegation under

section 57A to a standards committee.

(2)
The standards committee must take reasonable steps to give a written

summary of the allegation to the person who is the subject of the

allegation (“P”); but this is subject to regulations under subsection (7).

(3)
If the standards committee makes a decision under section 57A(2) that no

action should be taken in respect of the allegation, it must take reasonable

steps to give notice in writing to P of the decision and the reasons for the

decision.

(4)
If the standards committee receives a request under section 57B in

relation to the allegation, it must take reasonable steps to give notice in

writing to P of the request.

(5)
The reference in subsection (3) to a decision under section 57A(2)

includes a decision under section 57A(2) as applied by section 57B(4) or

58(3).

(6)
Subsections (2) to (4) are subject to any direction under section 57C.

(7)
The Secretary of State may by regulations—

(a)
provide that in circumstances prescribed by the regulations the

duty in subsection (2) does not arise at the time the standards

committee receives the allegation, and

(b)
make provision, in relation to cases where that duty has been

prevented by the regulations from arising at that time, as to when

it does arise.’.

Secretary Ruth Kelly

Agreed to  63

Page  100,  line  23  [Clause  143],  leave out ‘and 57B(4)’ and insert ‘, 57B(4) and

57BA(2) to (4)’.

Secretary Ruth Kelly

Agreed to  64

Page  100,  line  35  [Clause  143],  leave out ‘that date’ and insert ‘then’.

Secretary Ruth Kelly

Agreed to  65

Page  100,  line  41  [Clause  143],  leave out ‘that date’ and insert ‘then’.

Secretary Ruth Kelly

Agreed to  66

Page  101,  line  39  [Clause  143],  leave out ‘, to the person who made the

allegation,’.

Report Stage Proceedings: 22nd May 2007
324

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  67

Page  101,  line  40  [Clause  143],  at end insert ‘to—

(a)
the person who made the allegation, and

(b)
the person who was the subject of the allegation.’.

Philip Davies

Not called  261

Page  105,  line  1,  leave out Clauses 148 to 157.

Secretary Ruth Kelly

Agreed to  68

Page  107,  line  24  [Clause  152],  after ‘57A’ insert ‘or 57BA’.

Secretary Ruth Kelly

Agreed to  69

Page  107,  line  29  [Clause  152],  leave out ‘“section”’ and insert ‘“64(2)”’.

Secretary Ruth Kelly

Agreed to  70

Page  107,  line  31  [Clause  152],  leave out ‘57A,”.’ and insert ‘57A, 60(2) or (3) or

64(2) or (4),”.’.

Secretary Ruth Kelly

Agreed to  71

Page  107,  line  32  [Clause  152],  leave out ‘(1)’.

Secretary Ruth Kelly

Agreed to  72

Page  107,  line  32  [Clause  152],  at end insert ‘in each of subsections (1) and (7),’.

Philip Davies

Not called  262

Page  112  [Clause  158],  leave out lines 15 and 16.

Philip Davies

Not called  263

Page  112,  line  27  [Clause  158],  leave out subsections (1) to (3).