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The Deputy Chairman of Committees (Baroness Serota): If Amendment No. 147 is agreed to, I cannot call Amendment No. 147A.
Lord Whitty moved Amendment No. 147:
- Page 8, line 41, leave out subsections (5) and (6) and insert--
On Question, amendment agreed to.
[Amendments Nos. 148 to 150 not moved.]
Clause 15, as amended, agreed to.
Lord Whitty moved Amendment No. 151:
("( ) In this section--
"foundation governor" and "voluntary school" have the same meaning as in the Education Act 1996,
"maintained school" and "parent governor" have the same meaning as in the School Standards and Framework Act 1998.").
After Clause 15, insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision--
(a) with respect to the access of the public to meetings of executives or committees of executives (including provision enabling such meetings to take place in private),
(b) for or in connection with requiring written records to be kept of decisions made, or other action taken, by executives, or members or committees of executives, in connection with the discharge of functions which are the responsibility of executives,
(c) for or in connection with requiring written records falling within paragraph (b) to include reasons,
(d) for or in connection with requiring written records falling within paragraph (b) to be made available to the public,
(e) for or in connection with the creation of offences in respect of any rights or requirements created or imposed by the regulations.
(2) The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
(3) Nothing in subsection (2) affects the generality of the power under subsection (1).").
On Question, amendment agreed to.
The Lord Bishop of Blackburn had given notice of his intention to move Amendment No. 152:
After Clause 15, insert the following new clause--
(" .--(1) This section applies to a local authority which is a local education authority.
(2) Each local authority to which this section applies shall have a single overview and scrutiny committee (referred to in this section as the relevant committee) appointed for the purposes described in section 15(1) solely in respect of the authority's functions as a local education authority.
(3) A relevant committee may require that any decision of the authority's executive shall not be implemented, or that implementation of it shall not continue, until it has been approved at a meeting of all the councillors of the authority at which a report of the relevant committee on the decision in question was considered.
(4) Where any maintained school in the authority's area is a Church of England school, the relevant committee shall include at least one full voting member nominated by the Diocesan Board of Education for a diocese of the Church of England which includes all or part of the authority's area.
(5) Where any maintained school in the authority's area is a Roman Catholic school, the relevant committee shall include at least one full voting member nominated by the bishop of a Roman Catholic diocese which includes all or part of the authority's area.
(6) The Secretary of State may issue directions to local authorities for the purposes of securing as members of a relevant committee representatives of those who appoint foundation governors for schools designated under section 69 of the School Standards and Framework Act 1998 as having a religious character but which are not Church of England schools or Roman Catholic schools.
(7) Regulations may require the relevant committee for each authority to include one or more persons elected, in accordance with regulations, as representatives of parent governors at maintained schools in the authority's area.
(8) Expressions used in this section shall, unless the context otherwise requires, be construed in accordance with the Education Acts.").
The right reverend Prelate said: In the light of the Minister's earlier reply I shall not move the amendment at this stage.
[Amendment No. 152 not moved.]
Schedule 1 [Executive arrangements: further provision]:
Lord Whitty moved Amendment No. 153:
The noble Lord said: With the leave of the Committee, perhaps I may move Amendments Nos. 153 to 162 en bloc.
Lord Williams of Elvel: Does my noble friend intend to move these amendments? If so, will he stand up rather than speak from a sedentary position?
Lord Whitty: I shall oblige my noble friend. I spoke to Amendments Nos. 153 to 165 with Amendment No. 59. I intend to move Amendments Nos. 154 to 165 en bloc. I beg to move Amendment No. 153.
On Question, amendment agreed to.
Lord Whitty moved Amendments Nos. 154 to 165:
On Question, amendments agreed to.
Schedule 1, as amended, agreed to.
Clause 17 [Absence of requirement for political balance]:
On Question, Whether Clause 17 shall stand part of the Bill?
Page 44, line 6, leave out ("under which the executive takes the form specified in section 10(2)") and insert ("which provide for a mayor and cabinet executive").
Page 44, line 11, leave out ("as his deputy").
Page 44, line 11, at end insert ("to be the deputy mayor of the executive").
Page 44, line 11, at end insert--
("(4) Subject to sub-paragraph (5), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(5) The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
(6) Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
(7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
(8) If for any reason--
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive or the authority to act in his place.").
Page 44, line 14, leave out ("under which the executive takes the form specified in section 10(3)") and insert ("which provide for a leader and cabinet executive").
Page 44, line 23, leave out ("under which the executive takes the form specified in section 10(4)") and insert ("which provide for a mayor and council manager executive").
Page 44, line 25, leave out ("as his deputy").
Page 44, line 25, leave out ("who is neither") and insert ("to be the deputy mayor of the executive.
(2A) The deputy mayor of the executive may not be--").
Page 44, line 26, after ("vice-chairman") insert ("of the authority").
Page 44, line 27, at end insert--
("(2B) Subject to sub-paragraph (2C), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(2C) The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
(2D) Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
(2E) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
(2F) If for any reason--
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the council manager must act in the elected mayor's place.").
Page 44, line 28, at beginning insert ("Subject to sub-paragraph (3A),").
Page 44, line 31, at end insert--
("(3A) The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.").
Page 45, line 8, at end insert--
("5.--(1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an "assistant") to provide assistance to an elected mayor.
(2) Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
(3) Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
(4) In this paragraph "specified" means specified in regulations under this paragraph.").
5.30 p.m.
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