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8.15 p.m.
Lord Hunt of Tanworth: My Lords, I merely wish to echo the remarks of the noble Baroness, Lady Farrington. I can see a role for neighbourhood committees. But also, if scrutiny is to become a meaningful function, it is important not to dissipate the power of a scrutiny committee on a party-proportional basis and with the right to call in and advise the council. The authority of scrutiny committees needs to be built up rather than dissipated. But how they exercise that function and the extent to which neighbourhood committees and so on are involved are matters for discussion and will perhaps figure in the guidance.
On Question, amendment agreed to.
Lord Hunt of Tanworth moved Amendment No. 3:
The noble Lord said: My Lords, I have already spoken to this amendment. I beg to move.
On Question, amendment agreed to.
The Deputy Speaker (Lord Strabolgi): My Lords, I have to inform the House that if Amendment No. 4 is agreed to I cannot call Amendment No. 5.
Lord Hunt of Tanworth moved Amendment No. 4:
The noble Lord said: My Lords, I spoke to this amendment when speaking to Amendment No. 2. I beg to move.
On Question, amendment agreed to.
Lord Hunt of Tanworth moved Amendment No. 6:
The noble Lord said: My Lords, I shall also speak to Amendments Nos. 8, 15, 20 to 25 and 27 to 32. These amendments are all technical drafting amendments. I do not think that they raise any significant issues for the House today. I am grateful for the wide support that they have attracted from your Lordships, and in particular for the helpful comments on drafting from the noble Baroness, Lady Hamwee, which have led to a number of these amendments.
Although these are largely drafting and technical amendments, I wish to draw the attention of the House to a few matters raised by them. Amendment No. 8 is a recasting of an important new clause proposed by the noble Lords, Lord Bassam and Lord Hunt of Kings Heath, in Committee. It requires authorities to review their decision-making arrangements at least every four years. But the clause in the form accepted in Committee does not define a deadline for the consideration of the results of such a review. The recast clause as proposed in my amendment ensures that an authority will prepare a report on its review and consider it within six months of completing the review.
Turning to Amendments Nos. 21 to 23, the policy has always been to ensure that the Secretary of State could, without a prior application to do so from the authority concerned, revoke the order permitting a particular experiment if it had clearly failed and the authority in question was incapable of resolving the situation itself.
It was also the intention to ensure that any order bringing an end to an experiment in these circumstances should be able to make such transitional other provision as was necessary for the orderly return to operating under the standard legislative framework. These amendments clarify that and ensure that the intent is delivered by the Bill. This is a necessary long-stop, designed for circumstances which I am sure we all hope we shall never encounter.
Finally, I wish to speak briefly to Amendment No. 15, which clarifies that which has always been the intent of Clause 4(4)(d) of the Bill; namely, that the Secretary of State should be able to make modifications to legislation other than those set out in the schedule to the Bill, both to the enactments modified by the schedule and to others. I beg to move.
Baroness Hamwee: My Lords, I understand the need for Amendment No. 15. But it seems to me that the scrutiny function of Members of this House and of another place will be required when orders are put before us. It may even argue a little more strongly for the affirmative resolution procedure. The scope for changing legislation through an order, which many Members of this House have criticised at great length over the years, is quite extensive as a result of the Bill and even more of this amendment.
Baroness Farrington of Ribbleton: My Lords, I can add little to what the noble Lord, Lord Hunt, has already said. However, I wish to place on record a word or two about the amendment to Clause 4(4)(d). While the amendment itself merely clarifies what was already the intent, it could cause some to think again about the provision more generally. I hope that what I am about to say will reassure the House and those who read the record of this Report stage.
In one sense the provision appears wide, enabling the Secretary of State to make modifications which are not listed in the schedule to legislation as it affects a particular authority which he thinks are necessary or expedient. But this power is clearly constrained to
There is therefore no question of this power being capable of being used by the Government to force authorities into forms of experiment which they had not intended to pursue.
To conclude, the Government support these amendments and are grateful to the noble Lord, Lord Hunt, for bringing them forward and for the support given to them from other Members of the House.
On Question, amendment agreed to.
Lord Hunt of Tanworth moved Amendment No. 7:
The noble Lord said: My Lords, I have already spoken to this amendment in the debate on Amendment No. 2. I beg to move.
On Question, amendment agreed to.
Clause 2 [Review of decision-making processes]:
Lord Hunt of Tanworth moved Amendment No. 8:
The noble Lord said: My Lords, I spoke to this amendment in the debate on Amendment No. 6. I beg to move.
On Question, amendment agreed to.
Lord Hunt of Tanworth moved Amendment No. 9:
Page 2, line 34, at end insert--
("(4A) Except where they include only such arrangements as are mentioned in subsection (2)(f) above, experimental decision-making arrangements must include arrangements--
(a) for the appointment of one or more scrutiny committees of a local authority to scrutinise the discharge of any functions of the authority to which the experimental decision-making arrangements relate; and
(b) enabling that or those scrutiny committees, in such cases or circumstances as the arrangements provide, to recommend that a proposed or future discharge of any such function be considered by the authority before the function is discharged.").
Page 2, line 36, leave out from ("any") to ("to") in line 38 and insert ("scrutiny committee of a local authority").
Page 2, line 49, leave out ("exercise") and insert ("discharge").
Page 3, line 31, at end insert--
(""scrutiny committee", in relation to a local authority, means any ordinary committee of the authority which is appointed to scrutinise the discharge of any functions of the authority;").
Page 3, line 39, leave out from ("Act") to end of line 44 and insert ("conduct a review of the efficiency, effectiveness, openness and accountability of their decision-making arrangements.
(2) In conducting a review under this section, a local authority shall take reasonable steps to consult local government electors, and other interested persons, in the authority's area.
(3) A local authority shall within six months of the completion of a review under this section--
(a) prepare a report on that review; and
(b) consider that report.
(4) A local authority's function with respect to the consideration of any report under this section shall be discharged only by the authority.").
After Clause 2, insert the following new clause--
(".--(1) In formulating experimental decision-making arrangements, a local authority shall have regard to any guidance from time to time issued by the Secretary of State. (2) Guidance under this section shall (in particular) include provision with respect to--
(a) freedom of information;
(b) access to information;
(c) the functions of scrutiny committees;
(d) the cases or circumstances in which scrutiny committees may make recommendations as mentioned in section 1(4A)(b) above.").
The noble Lord said: My Lords, I spoke to this amendment in the debate on Amendment No. 2. I beg to move.
On Question, amendment agreed to.
Clause 3 [Applications for approval of experimental decision-making arrangements]:
Lord Hunt of Tanworth moved Amendment No. 10:
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