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The noble Lord said: Amendments Nos. 185, 194 and 251 in this group can be dealt with quickly. They were all tabled before we had the regulations and guidance which have subsequently appeared. If the Minister can give me an assurance that the draft question which appears in the draft regulations will not be altered and will be the question that is used in local referendums, we need pursue this matter no further. I look forward to hearing his comments. I hope that he will give me that assurance. I beg to move.
Lord Whitty: I can give the noble Lord a quick response. I was hoping that Members of the Committee had reached the provision at page 159 of the draft regulations. I am glad that the noble Lord has done so. It is subject to the same consultation as the other provisions in the document. If any Members of the Committee, or others, have views on that matter, we shall take them into account. Once the final version of the regulations is decided, there will be no variation on the question that is to be asked. At a later stage we may involve the electoral commission, when that body comes into being. It will not come into being until we progress further with local authorities in considering some of the options under this Bill. I refer in this connection to an amendment of the noble Baroness, Lady Hamwee, which we have not yet discussed. I hope that the noble Lord, Lord Dixon-Smith, will recognise that we have this matter in hand.
Baroness Hamwee: I have an amendment in this group. I am happy to acknowledge that the Government have the matter in hand.
Lord Dixon-Smith: I am grateful for the Minister's reply. We shall have to consider the outcome of the regulations' stately progress. However, at this stage, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Whitty moved Amendment No. 186:
On Question, amendment agreed to.
Lord Whitty moved Amendment No. 187:
[Amendment No. 188, as an amendment to Amendment No. 187, not moved.]
On Question, Amendment No. 187 agreed to.
Clause 19, as amended, agreed to.
Clause 20 [Operation of, and publicity for, executive arrangements]:
Lord Whitty moved Amendment No. 189:
On Question, amendment agreed to.
[Amendments Nos. 190 and 191 not moved.]
Clause 20, as amended, agreed to.
Clause 21 [Revised executive arrangements]:
[Amendments Nos. 192 to 195 not moved.]
Lord Whitty moved Amendment No. 196:
("( ) Before any referendum is held under this section, the question to be asked in the referendum shall be referred to the Electoral Commission for their determination.").
Page 9, line 36, after first ("proposals") insert ("under section 18").
Page 9, line 40, leave out from beginning to end of line 18 on page 10 and insert ("under section 18, the authority--
(a) may not implement those proposals,
(b) must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
(c) must send a copy of the detailed fall-back proposals to the Secretary of State.
( ) In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
( ) Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
( ) Subsections (2)(b), (3)(a) and (4)(c) of section 18 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
( ) Subsections (3)(a) and (4)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
( ) A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (1C).").
Page 10, line 35, at end insert (", and
(v) specifies the address of their principal office").
Leave out Clause 21 and insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating executive arrangements ("the existing arrangements") to operate executive arrangements ("the different arrangements") which differ from the existing arrangements in any respect.
(2) The provision which may be made by virtue of subsection (1) includes provision--
(a) which applies or reproduces (with or without modifications) any provisions of section 18, (Proposals not requiring referendum), 19 or 20,
(b) for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
(c) with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
(3) Nothing in subsection (2) affects the generality of the power under subsection (1).").
[Amendments Nos. 196A to 196C, as amendments to Amendment No. 196, not moved.]
On Question, Amendment No. 196 agreed to.
Clause 21, as amended, agreed to.
Lord Whitty moved Amendment No. 197:
After Clause 21, insert the following new clause--
(".--(1) The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type--
(a) which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient and accountable way, and
(b) which are not permitted by or under section 101 of the Local Government Act 1972 or sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989.
(2) The arrangements which may be specified by regulations under this section include--
(a) arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
(b) arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements,
(c) arrangements for the appointment of committees or sub-committees of a local authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority.
(3) Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).").
On Question, amendment agreed to.
Lord Whitty moved Amendment No. 198:
After Clause 21 insert the following new Clause--
(".--(1) A resolution of a local authority is required in order for the authority to operate alternative arrangements.
(2) Subsection (2) of section 20 is to apply for the purposes of this section as it applies for the purposes of that section.
(3) A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (5) or section 22, 23 or (Power to require referendum), the authority operate executive arrangements in place of those arrangements.
(4) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to alter those arrangements in such ways as may be permitted by the regulations.
(5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
(6) The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 18, (Proposals not requiring referendum), 19 or 20.
(7) Nothing in subsection (6) affects the generality of the power under subsection (5).").
[Amendment No. 198A, as an amendment to Amendment No. 198, not moved.]
On Question, Amendment No. 198 agreed to.
Clause 22 [Referendum following petition]:
Lord Whitty moved Amendment No. 199:
The noble Lord said: In moving Amendment No. 199, I shall speak also to the amendments grouped with it.
Amendments Nos. 199 to 217 make a number of changes to Clause 22, which deals with petitions for referendums. Most of these are minor drafting amendments. Amendments Nos. 200, 206, 216 and 217 alter the way the provisions work, but not their overall effect.
The main reason for changing these provisions is because the original drafting did not resolve the issue of the basis on which the figure for the percentage of local electors would be calculated in respect of any particular petition. This could lead to problems, particularly where the number of electors changes over the period during which a petition is collected. These amendments therefore extend slightly the scope of the regulation-making power to enable this to be much more precise.
The proposed Local Government (Constitutions) (Petitions and Referendums) Regulations and Chapter 3 of the draft guidance illustrate how we are proposing to use this power. In particular--contrary to recent reports in the press--the Government do not intend to set the threshold for a petition at any level lower than 5 per cent of the local electorate.
Amendment No. 216 introduces a new provision which would allow the Secretary of State to take action in default where a local authority fails to act on a petition. This is necessary to ensure that in the event of a local authority ignoring a bona fide petition, the petitioners do not have to resort to the courts to force the local authority into action. A similar provision is made in Clause 23 by Amendment No. 233. Amendments Nos. 230 to 232 and 234 are minor drafting amendments.
Amendment No. 236 introduces a new power which will enable the Secretary of State to require all local authorities, or all authorities of a particular description, to hold a referendum on a particular form of executive. The Government believe that it might be appropriate for local people in a number of council areas to be able, in a co-ordinated way, to express through referendums their support for new executive arrangements for their council. This new power is necessary should the Government wish to give effect to such a policy. But it will remain a choice for local people whether or not they wish to support a particular form of executive proposed in this way. I beg to move.
Page 12, line 11, at end insert ("for or in connection with").
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