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Baroness Farrington of Ribbleton moved Amendments Nos. 48 to 51:
- Page 30, line 4, after first ("authority") insert ("in England").
- Page 30, line 5, leave out ("or (7)(a)").
- Page 30, line 6, after ("authority") insert ("in England").
- Page 30, line 10, after ("authority") insert ("in England").
On Question, amendments agreed to.
Lord Dixon-Smith moved Amendment No. 52:
- Page 30, line 13, at end insert (", and
The noble Lord said: My Lords, when we debated the amendment at Report stage we did so in general terms. The Minister indicated that he did not think that the behaviour prohibited in the amendment was what the Bill intended, but thought that the matter was appropriate to local authorities and that they should decide these matters for themselves. It is a sentiment with which I agree.
I would not have put down the amendment had I not had written communication from a member of one local authority indicating that his authority was planning to act in breach of the prohibition I have tabled. I do not apologise for bringing back the issue. It seems right to give the Minister the opportunity to reconsider the matter and either give a clear assurance that the behaviour prohibited by the amendment would not be acceptable to the Government, or accept the amendment.
It is a narrow point. I agree with the Minister that it is unlikely that most authorities will act in this way. When discussing legislation, we have to consider the individual who may wish to behave in a way that normal people would regard as aberrant. That is the reason for the amendment. I beg to move.
Lord Whitty: My Lords, it is our intention in this part of the Bill to provide maximum flexibility. That maximum flexibility allows conceptually for the outcome against which the noble Lord's amendment is directed. However, that can be achieved only with the full agreement of the council. The executive cannot determine that it will be in the majority. The full council would decide that. Councils need to have flexibility to decide what is best to uphold standards of probity without our laying it down too precisely. There may be strong arguments for the majority of the standards committee to be councillors, even if there is not a strong argument for them to be executive members. Once one starts prescribing, one has to go into other prescriptions.
There is a fall-back power. Although our preferred approach is not to be prescriptive, under Clause 48 the Secretary of State has power to make regulations if he should so wish on the size, composition, proceedings and membership of standards committees. So if this proves to be a serious problem leading to abuse, we have the power to deal with it. I hope that that sufficiently reassures the noble Lord.
Lord Dixon-Smith: My Lords, I am grateful for the Minister's reply. He seems to have satisfied the concerns underlying my tabling the amendment. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Baroness Farrington of Ribbleton moved Amendments Nos. 53 to 59:
On Question, amendments agreed to.
Clause 49 [Functions of standards committees]:
Baroness Farrington of Ribbleton moved Amendment No. 60:
On Question, amendment agreed to.
Clause 50 [Standards committees or sub-committees for parish councils]:
Baroness Farrington of Ribbleton moved Amendment No. 61:
On Question, amendment agreed to.
Baroness Farrington of Ribbleton moved Amendment No. 62:
(c) may not have less than half its members who are not members of the executive").
Page 30, line 21, leave out subsection (7).
Page 30, line 33, leave out subsection (9).
Page 30, line 38, after ("authority") insert ("in England").
Page 30, line 41, after ("authority") insert ("in England").
Page 30, line 44, leave out from ("England") to end of line 1 on page 31.
Page 31, line 2, after ("authority") insert ("in England").
Page 31, line 4, at end insert--
("(13) The National Assembly for Wales may by regulations make provision--
(a) as to the size and composition of standards committees of relevant authorities in Wales (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority concerned),
(b) as to the persons who may, may not or must chair any such committees,
(c) as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,
(d) for or in connection with treating any such standards committees as bodies to which section 15 of the Local Government Act 1989 does not apply,
(e) as to the proceedings and validity of proceedings of such committees,
(f) for or in connection with requiring relevant authorities in Wales to send to the Commission for Local Administration in Wales statements which set out the terms of reference of their standards committees.").
Page 31, line 30, leave out ("Standards Board") and insert ("National Assembly").
Page 33, line 15, after ("county") insert ("in England").
After Clause 50, insert the following new clause--
(".--(1) A standards committee of a county council in Wales is to have the same functions in relation to--
(a) the community councils which are situated in the area of the county council, and
(b) the members of those community councils,
as the standards committee has under section 49(1) and (2) in relation to the county council and the members of the county council.
(2) A standards committee of a county borough council is to have the same functions in relation to--
(a) the community councils which are situated in the area of the county borough council, and
(b) the members of those community councils,
as the standards committee has under section 49(1) and (2) in relation to the county borough council and the members of the county borough council.
(3) A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
(4) In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.
(5) Regulations under section 48(13) may make provision in relation to sub-committees appointed under this section.
(6) Subsections (5) and (7) of section 49 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
(7) In relation to a community council, any reference in the following provisions of this Part to the standards committee of a relevant authority is a reference--
(a) to the standards committee of the county council or county borough council in whose are the community council is situated, or
(b) where that standards committee has appointed a sub-committee under this section, to that sub-committee.").
On Question, amendment agreed to.
Baroness Farrington of Ribbleton moved Amendments No. 63 to 66:
On Question, amendments agreed to.
Clause 52 [Written allegations]:
Baroness Farrington of Ribbleton moved amendment No. 67:
On Question, amendment agreed to.
Clause 53 [Functions of ethical standards officers]:
Baroness Farrington of Ribbleton moved Amendments Nos. 68 to 72:
On Question, amendments agreed to.
Clause 54 [Conduct of investigations]:
Baroness Farrington of Ribbleton moved Amendment No. 73:
On Question, amendment agreed to.
Clause 55 [Procedure in respect of investigations]:
Page 33, line 19, leave out subsection (2).
Page 33, line 23, leave out subsection (4).
Page 33, line 35, leave out subsections (7) and (8).
Page 34, line 1, leave out ("each of the Standards Boards") and insert ("the Standards Board for England").
Page 34, line 10, leave out subsections (3) and (4).
Page 34, line 18, leave out ("of the Standards Board for England").
Page 34, line 20, leave out ("Board") and insert ("Standards Board for England").
Page 34, line 26, leave out subsection (2).
Page 34, line 34, leave out ("Each of the Standards Boards") and insert ("The Standards Board for England").
Page 35, line 2, leave out ("relevant Adjudication Panel") and insert ("Adjudication Panel for England").
Page 35, line 23, leave out ("by which he is employed") and insert ("for England").
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