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On Question, amendment agreed to.
Baroness Farrington of Ribbleton moved Amendment No. 27:
The noble Baroness said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 28 and 29 which are grouped with it.
We brought forward Amendments Nos. 27, 28 and 29 in response to the concerns raised by the noble Lord, Lord Laming, in Committee and on Report. The noble Lord raised a number of important points in speaking to his amendments during the previous stages. I believe that these amendments will meet the substance of his concerns and will not, therefore, be seen as controversial.
We believe that the new forms of constitution available in Part II of the Bill will lead to more efficient, transparent and accountable local government and that they will reinforce the best value regime in the Local Government Act 1999 for delivering value for money and high-quality services.
At the end of the day, it is outcomes that will be the test of new constitutions. It is right, therefore, that in drawing up proposals for executive arrangements councils should be required to consider how their proposals will affect outcomes.
Amendment No. 27 places exactly such a requirement on the face of the Bill when councils draw up "first time" proposals for executive arrangements. Amendments Nos. 28 and 29 import identical requirements if councils need to draw up detailed fall-back proposals in the event of a "no" vote in a referendum.
The amendments draw directly on the wording of the duty of best value in Section 3 of the Local Government Act 1999. They therefore make a direct link between two very important strands of our programme of local government modernisation: best value and new constitutions. I beg to move.
Baroness Hamwee: My Lords, although I understand what has led to this proposal and, indeed, the need for councils to consider their best value duty, will the Minister confirm that, in drawing up proposals for executive arrangements, local authorities should consider all of their statutory duties and not merely the best value duty?
Baroness Farrington of Ribbleton: Yes, my Lords. The reason that we have included this provision is that the noble Lord, Lord Laming, was concerned that we should be explicit on this specific item.
Baroness Hamwee: My Lords, I shall change my name!
On Question, amendment agreed to.
Clause 25 [Referendum in case of proposals involving elected mayor]:
Baroness Farrington of Ribbleton moved Amendments Nos. 28 and 29:
On Question, amendments agreed to.
Lord Whitty moved Amendment No. 30:
The noble Lord said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 31 to 42 in this group. They are all designed to respond to a request put forward in the form of an amendment at Committee stage by the noble Baroness, Lady Hamwee, and in response to those amendments that were designed to extend the Bill's electoral provisions in relation to elected mayors to the election of members of directly elected cabinets, were they to be pursued under Clause 10(5).
In response to those amendments my noble friend Lady Farrington indicated that the Government were sympathetic. The amendments provide for the definition of an "elected executive member" as a person who is elected to a local authority executive by the electors for the whole of the authority's area. These are the directly elected cabinets in the various guises that we have talked about in relation to the possible types of new executive structure that might emerge from local authorities deciding to trigger the provision under Clause 10(5) and the Secretary of State agreeing.
For the avoidance of doubt, I should make it clear that these amendments would not mean that directly elected cabinets would become an option on the face of the Bill. The situation will arise only if Clause 10(5) is triggered. If such regulations were to be made, the amendments to Clauses 35 and 38 will provide that directly elected executive members will have the same electoral franchise and term of office as elected mayors. The amendments to Clauses 36 and 39 will extend the regulation-making powers in those clauses to enable those regulations to deal with the timing and conduct of elections for directly elected cabinets. The amendments would, therefore, cover the contingency of directly elected cabinets emerging under Clause 10(5). I beg to move.
Baroness Hamwee: My Lords, I thank the Minister for the amendments.
On Question, amendment agreed to.
Lord Whitty moved Amendment No. 31:
On Question, amendment agreed to.
Clause 36 [Time of elections etc.]:
Lord Whitty moved Amendments Nos. 32 to 35:
On Question, amendments agreed to.
Clause 38: [Entitlement to vote]:
Lord Whitty moved Amendment No. 36:
On Question, amendment agreed to.
Clause 39 [Power to make provision about elections]:
Lord Whitty moved Amendments Nos. 37 to 41:
On Question, amendments agreed to.
Clause 43 [Interpretation of Part II]:
Lord Whitty moved Amendment No. 42:
On Question, amendment agreed to.
Clause 45 [Model code of conduct]:
Baroness Farrington of Ribbleton moved Amendment No. 43:
The noble Baroness said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 44 to 51, 53 to 91, 93 to 117, 128 to 156, and 158 to 175, which are grouped with it.
The justification for devolution of power to the National Assembly for Wales is to enable the enactment of legislation tailored specifically to Welsh needs and circumstances. The most significant of the government amendments that I propose today reflect the National Assembly's preference for conferring the powers which in England will be exercised by the standards board on the Commission for Local Administration in Wales.
The difference in approach in Wales is driven by the smaller scale of the task there. It is clear that there is unlikely to be a sufficient number of breaches to justify the creation of a separate body. Secondly, following the consultations with local government, the National Assembly concluded that the task of investigating allegations of breaches of the code of conduct would be more efficiently and effectively carried out by the local commissioner and his team of investigating officers and that such a one-stop shop would be more accessible to the public. The amendments are also intended to give the National Assembly the flexibility to make regulations to implement the legislation in a way that reflects Welsh circumstances and requirements.
The inclusion of the specific Welsh provisions and the need to group them also gives rise to a substantial number of consequential and drafting amendments. These have taken the form of distinguishing between the situation in England and Wales and substituting the local commissioner or the Commission for Local Administration in Wales for the Standards Board in England.
I shall now go through the amendments in turn. Amendment No. 43 removes from the face of the Bill the requirement for the Partnership Council to prepare a model code of conduct. This is a superfluous provision as the Government of Wales Act gives the Assembly the power to maintain a Partnership Council. These provisions are sufficient to enable the National Assembly to engage the Partnership Council in the way envisaged to draw up a code of conduct for elected members in local government. The code will be issued by the National Assembly. Amendments Nos. 44, 45 and 46 are consequential drafting amendments to Clause 45.
Amendments Nos. 48 to 58, excluding Amendment No. 52, are consequential amendments resulting from Amendment No. 59 which bring together the provisions relating to standards committees in Wales in a new subsection (13) to Clause 48. This amendments gives the Assembly the power to make regulations governing the operation, size, composition, procedures, chairing etc. of standards committees in Welsh councils.
Amendment No. 60 enables the National Assembly for Wales to issue guidance to standards committees of local authorities in Wales on the exercise of their functions.
Amendment No. 62 allows the standards committees or sub-committees of such committees to discharge functions in relation to community councils and their members which are situated in the area of the county or county borough council concerned. It also requires the principal councils to consult their community councils on whether to use the council's main standards committee or to set up a specific sub-committee to hear allegations against community councils. Amendment No. 61 is a minor consequential drafting change to Clause 50.
Amendments Nos. 47, 63, 64, 65, 66, 67, 68, 69 and 70 through to Amendment No. 85 are minor consequential and drafting amendments resulting from Amendment No. 86. That amendment confers the role of the Standards Board in England on the local commissioner in Wales (local ombudsman). It also provides for the Commission for Local Administration in Wales to issue guidance to local authorities on issues relating to the conduct of elected and co-opted members on councils.
Amendment No. 87 allows the local commissioner in Wales to investigate written allegations of breaches of the code of conduct made against councils' elected members and co-optees. The four possible outcomes of these investigations are the same as those set out in Clause 53(5) for the Standards Board in England.
Amendment No. 88 enables the National Assembly to make orders modifying the restrictions on the disclosure of information in the Local Government Act 1974 to provide the local commissioner with the powers of investigation available to the ethical standards officers in England. This amendment also permits the local commissioner to cease an investigation at any stage before its completion and, where appropriate, to refer the matter to the council's monitoring officer.
Amendment No. 89 applies the existing Clause 58 which applies only to England to Wales as well. It lays out what action the local commissioner should take, including the preparation of reports, depending upon the findings of the investigations.
Amendment No. 90 replicates existing Clause 59, which applies to England. It permits the local commissioner in Wales to issue an interim report if his investigations reveal matters that are sufficiently serious that it is in the public interest to do so. The local commissioner may recommend in such a report a maximum period of suspension of six months on the member concerned. Before any suspension is effective it has to be decided by an interim case tribunal.
Amendment No. 103 provides that when a person who is subject to an interim report appears before an interim case tribunal, the local commissioner will be able to continue with his investigations following a decision of the interim case tribunal.
Amendment No. 91 replicates the existing Clause 60 which applies to England only. It enables the National Assembly for Wales to make regulations in relation to the way in which local authorities' monitoring officers undertake their roles. These regulations could also enable the standards committees of authorities to consider monitoring officers' reports and to take appropriate action, subject to the existence of rights of appeal against their decisions. Amendments Nos. 93 and 94 make minor drafting amendments to Clause 61. Amendments Nos. 95 to 100 are minor drafting amendments to Clause 62.
Amendment No. 101 enables the National Assembly for Wales to fund the secretariat and administrative support for the adjudication panel. This would ensure that it is separate and independent from the local commissioner and the Commission for Local Administration in Wales, whose investigations it will adjudicate upon. Amendments No. 102 and 104 are consequential drafting changes to Clause 64. Amendments Nos. 105 to 110 are consequential drafting amendments.
Amendment No. 112 enables the National Assembly to prescribe in regulations the circumstances in which standards committees may grant dispensations to members to speak and vote at council meetings when they have declared a pecuniary or other interest in the matter being discussed. Amendments Nos. 113 to 115 make minor consequential drafting changes to Clause 69.
Amendment No. 117 provides for the functions of the monitoring officer for community councils in respect of the new ethical framework to be discharged
As currently drafted, the Bill does not include all the Welsh provisions. We shall bring two further Welsh amendments in the House of Commons to extend the local ombudsman's remit to enable him to hear complaints of maladministration against combined fire authorities and registered social landlords such as housing associations. The proposal to extend the ombudsman's remit to hear complaints from the tenants of registered social landlords in Wales was the subject of consultation and agreement between the National Assembly and the UK Government.
I am very grateful for the courteous, helpful and patient consideration which, in particular, the noble Lords, Lord Roberts of Conwy and Lord Thomas of Gresford, have shown towards me personally. I apologise again. I shall set out a proper procedure for ensuring that this sort of thing does not happen in future. I beg to move.
("( ) The Secretary of State may by regulations make provision which, in relation to meetings of--
(a) local authority executives or committees of such executives, or
(b) joint committees, or sub-committees of such committees, falling within subsection (8)(a),
applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.").
Page 15, line 39, after ("area,") insert--
("(aa) must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness,").
Page 17, line 23, after ("(3)(a)") insert ("and (aa)").
Page 17, line 26, after ("(3)(a)") insert ("and (aa)").
Page 22, line 5, at end insert--
("(1A) In this Part "elected executive member" means an individual elected as a member of a local authority executive by the local government electors for the authority's area in accordance with the provisions made by or under this Part, but does not include an elected mayor.").
Page 22, line 11, after ("mayor") insert ("or elected executive member")
Page 22, line 14, after ("mayors") insert ("or elected executive members").
Page 22, line 15, at end insert ("or elected executive members").
Page 22, line 16, after ("mayors") insert ("or elected executive members").
Page 22, line 17, at end insert ("or elected executive member").
Page 22, line 35, after ("mayor") insert ("or elected executive member").
Page 23, line 3, after ("mayors") insert ("or elected executive members").
Page 23, line 4, after ("mayors") insert ("or elected executive members").
Page 23, line 14, at end insert ("(including elections for the return of elected executive members), and
( ) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).").
Page 23, line 23, after ("mayors") insert ("or elected executive members").
Page 23, line 28, after ("mayor") insert ("or elected executive member").
Page 24, line 38, at end insert--
(""elected executive member" has the meaning given by section 35(1A),").
Page 27, line 17, leave out from ("code") to end of line 19.
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