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The noble Baroness, Lady Hamwee, referred to the Budget Statement today. I will not go into much detail about this, but in Committee we discussed the delegation of functions and powers, and today we have seen in the Budget Statement the announcement that Greater Manchester and the Leeds city region are indeed to become city region pilot areas. It outlined new powers that have been agreed with them and provides a process for developing new approaches to sub-regional working. All I will say is that the city region process is not the same as the process of working towards an EPB, but it illustrates that we are serious in our attempt to facilitate sub-regional working, and the EPBs would be an option as a legal personality for those local authorities if it was felt that that would facilitate those ambitions.

I have laid Amendment 168AU in this group, which replicates the one that was laid by the noble Baroness, Lady Warsi, and the noble Lord, Lord Hanningfield, in Committee. It will allow the Secretary of State to issue guidance to integrated transport authorities about the process of establishing a combined authority. That is appropriate, as ITAs are one of the bodies that could initiate the creation of a combined authority under Clause 105.

Baroness Hamwee: My Lords, I omitted to thank the Minister for the time and effort that she put into discussions at all stages of the Bill, including between Committee and Report. I know she did not mention that in order to prompt me, but I am grateful for the prompt.

She told us that the Local Government Association supports the proposals so long as they are voluntary, which is exactly my point. The government amendments about non-unitary districts do not answer my points, which I do not want to repeat, about whether in practice the arrangement will be voluntary. Bringing authorities together—she used the term “coerce”, which is not quite the one that I would use, but if she characterises what I am saying in that way, so be it—and then calling it a partnership is not my understanding of how a partnership should grow organically.

These arrangements are clearly, as I have said before, part of the Government’s city region agenda. I do not for a moment suggest that they are not serious—the Minister has just referred to the announcements about Greater Manchester and Leeds—but we are saying that the design is not uniformly appropriate. The publication of the scheme, to which she referred, does not answer my concern. She said that it was at the request of one or more local authorities. Exactly, and my amendments are to require the request of all the local authorities.

We and the Government have a different understanding of the terms “partnership” and “voluntary”. I therefore wish to test the opinion of the House.

6.53 pm

Division on Amendment 168A

Contents 43; Not-Contents 93.

Amendment 168A disagreed.



22 Apr 2009 : Column 1552


Division No. 1


CONTENTS

Addington, L.
Barker, B.
Bonham-Carter of Yarnbury, B.
Burnett, L.
Chidgey, L.
Cotter, L.
Dholakia, L.
Falkland, V.
Garden of Frognal, B.
Glasgow, E.
Goodhart, L.
Greaves, L.
Hamwee, B.
Harris of Richmond, B.
Jones of Cheltenham, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lee of Trafford, L. [Teller]
Lester of Herne Hill, L.
Linklater of Butterstone, B.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Miller of Chilthorne Domer, B.
Neuberger, B.
Northover, B.
Oakeshott of Seagrove Bay, L.
Razzall, L.
Redesdale, L.
Roberts of Llandudno, L.
Sharp of Guildford, B.
Shutt of Greetland, L. [Teller]
Smith of Clifton, L.
Taverne, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Tope, L.
Tordoff, L.
Tyler, L.
Wallace of Tankerness, L.
Walmsley, B.
Watson of Richmond, L.

NOT CONTENTS

Adams of Craigielea, B.
Amos, B.
Andrews, B.
Archer of Sandwell, L.
Bach, L.
Bassam of Brighton, L. [Teller]
Berkeley, L.
Bernstein of Craigweil, L.
Bilston, L.
Blackstone, B.
Borrie, L.
Bradley, L.
Brett, L.
Campbell-Savours, L.
Clarke of Hampstead, L.
Clinton-Davis, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Crawley, B.
Davies of Coity, L.
Davies of Oldham, L. [Teller]
Dean of Thornton-le-Fylde, B.
Donoughue, L.
D'Souza, B.
Evans of Parkside, L.
Falconer of Thoroton, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Finlay of Llandaff, B.
Foster of Bishop Auckland, L.
Gale, B.
Gibson of Market Rasen, B.
Golding, B.
Gordon of Strathblane, L.
Graham of Edmonton, L.
Grocott, L.
Harris of Haringey, L.
Hart of Chilton, L.
Haworth, L.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Howarth of Newport, L.
Howie of Troon, L.
Hoyle, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Joffe, L.
Jones, L.
Judd, L.
Kilclooney, L.
Kirkhill, L.
Lea of Crondall, L.
Lofthouse of Pontefract, L.
McIntosh of Hudnall, B.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maxton, L.
Montgomery of Alamein, V.
Moonie, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Handsworth, L.
Morris of Yardley, B.
O'Neill of Clackmannan, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Prosser, B.
Quin, B.
Rea, L.
Rees of Ludlow, L.
Rogan, L.
Rooker, L.
Rosser, L.
Rowe-Beddoe, L.
Rowlands, L.
Royall of Blaisdon, B.
Sawyer, L.
Scotland of Asthal, B.
Simon, V.
Smith of Gilmorehill, B.
Stone of Blackheath, L.
Thornton, B.
Tomlinson, L.
Truscott, L.
Tunnicliffe, L.
Wall of New Barnet, B.
Warner, L.
Warwick of Undercliffe, B.
Whitaker, B.
Wilkins, B.
Young of Norwood Green, L.


22 Apr 2009 : Column 1553

7.03 pm

Amendment 168B not moved.

Amendment 168C

Moved by Baroness Hamwee

168C: Clause 85, leave out Clause 85

Baroness Hamwee: My Lords, for the reasons I have explained, I beg to move Amendment 168C.

7.04 pm

Division on Amendment 168C

Contents 43; Not-Contents 89.

Amendment 168C disagreed.


Division No. 2


CONTENTS

Addington, L.
Barker, B.
Bonham-Carter of Yarnbury, B.
Burnett, L.
Chidgey, L.
Cotter, L.
Dholakia, L.
Falkland, V.
Garden of Frognal, B.
Glasgow, E.
Goodhart, L.
Greaves, L.
Hamwee, B.
Harris of Richmond, B.
Jones of Cheltenham, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lee of Trafford, L. [Teller]
Lester of Herne Hill, L.
Linklater of Butterstone, B.
McNally, L.
Maddock, B.
Mar and Kellie, E.
Miller of Chilthorne Domer, B.
Neuberger, B.
Northover, B.
Oakeshott of Seagrove Bay, L.
Razzall, L.
Redesdale, L.
Roberts of Llandudno, L.
Sharp of Guildford, B.
Shutt of Greetland, L. [Teller]
Smith of Clifton, L.
Taverne, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thomas of Winchester, B.
Tope, L.
Tordoff, L.
Tyler, L.
Wallace of Tankerness, L.
Walmsley, B.
Watson of Richmond, L.

NOT CONTENTS

Adams of Craigielea, B.
Amos, B.
Andrews, B.
Archer of Sandwell, L.
Bach, L.
Bassam of Brighton, L. [Teller]
Berkeley, L.
Bernstein of Craigweil, L.
Blackstone, B.
Borrie, L.
Bradley, L.
Brett, L.
Campbell-Savours, L.
Clarke of Hampstead, L.
Corbett of Castle Vale, L.
Craig of Radley, L.
Crawley, B.
Davies of Coity, L.
Davies of Oldham, L. [Teller]
Dean of Thornton-le-Fylde, B.
Donoughue, L.
D'Souza, B.
Eames, L.
Elystan-Morgan, L.
Evans of Parkside, L.
Falconer of Thoroton, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Finlay of Llandaff, B.
Foster of Bishop Auckland, L.
Gale, B.
Gibson of Market Rasen, B.
Golding, B.
Gordon of Strathblane, L.
Graham of Edmonton, L.
Grantchester, L.
Grocott, L.
Harris of Haringey, L.
Hart of Chilton, L.
Haworth, L.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Howarth of Newport, L.
Howie of Troon, L.


22 Apr 2009 : Column 1554

Hoyle, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jay of Paddington, B.
Jones, L.
Judd, L.
Kilclooney, L.
Kirkhill, L.
Layard, L.
Lea of Crondall, L.
Lofthouse of Pontefract, L.
McIntosh of Hudnall, B.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Maxton, L.
Moonie, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Handsworth, L.
Morris of Yardley, B.
O'Neill of Clackmannan, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Prosser, B.
Quin, B.
Rogan, L.
Rooker, L.
Rosser, L.
Rowe-Beddoe, L.
Rowlands, L.
Royall of Blaisdon, B.
Sawyer, L.
Scotland of Asthal, B.
Simon, V.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Thornton, B.
Tomlinson, L.
Truscott, L.
Tunnicliffe, L.
Wall of New Barnet, B.
Warner, L.
Whitaker, B.
Wilkins, B.
Young of Norwood Green, L.
7.14 pm

Clause 86 : Constitution

Amendments 168D and 168E not moved.

Clause 87 : Constitution: membership and voting

Amendment 168F not moved.

Clause 88 : Exercise of local authority functions

Amendments 168G and 168H not moved.

Clause 89 : Funding

Amendment 168J not moved.

Clause 90 : Accounts

Amendment 168K not moved.

Clause 91 : Change of name

Amendment 168L not moved.

Clause 92 : Changes to boundaries of an EPB’s area

Amendment 168M

Moved by Baroness Andrews

168M: Clause 92, page 61, line 30, leave out “unitary”

Amendment 168M agreed.

Amendment 168N not moved.

Clause 93 : Dissolution of an EPB’s area

Amendment 168P not moved.



22 Apr 2009 : Column 1555

Clause 94 : Review by authorities: new EPB

Amendment 168Q not moved.

Clause 95 : Preparation and publication of scheme: new EPB

Amendments 168R and 168S

Moved by Baroness Andrews

168R: Clause 95, page 62, leave out line 42

168S: Clause 95, page 63, line 1, leave out subsection (6)

Amendments 168R and 168S agreed.

Amendment 168T not moved.

Clause 96 : Requirements in connection with establishment of EPB

Amendment 168U not moved.

Clause 97 : Review by authorities: existing EPB

Amendment 168V not moved.

Clause 98 : Preparation and publication of scheme: existing EPB

Amendment 168W not moved.

Clause 99 : Requirements in connection with changes to existing EPB arrangements

Amendment 168X not moved.

Clause 100 : Combined authorities and their areas

Amendments 168Y and 168Z not moved.

Clause 101 : Constitution and functions: transport

Amendments 168AA and 168AB not moved.

Clause 102 : Constitution and functions: economic development and regeneration

Amendment 168AC not moved.

Clause 103 : Changes to boundaries of a combined authority’s area

Amendment 168AD

Moved by Baroness Andrews

168AD: Clause 103, page 66, line 30, leave out “unitary”

Amendment 168AD agreed.

Amendment 168AE not moved.



22 Apr 2009 : Column 1556

Clause 104 : Dissolution of a combined authority’s area

Amendment 168AF not moved.

Clause 105 : Review by authorities: new combined authority

Amendment 168AG not moved.

Clause 106 : Preparation and publication of scheme: new combined authority

Amendments 168AH and 168AJ

Moved by Baroness Andrews

168AH: Clause 106, page 68, leave out line 34

168AJ: Clause 106, page 68, line 35, leave out subsection (6)

Amendments 168AH and 168AJ agreed.

Amendment 168AK not moved.

Clause 107 : Requirements in connection with establishment of combined authority

Amendment 168AL not moved.

Clause 108 : Review by authorities: existing combined authority

Amendment 168AM not moved.

Clause 109 : Preparation and publication of scheme: existing combined authority

Amendment 168AN not moved.

Clause 110 : Requirements in connection with changes to existing combined arrangements

Amendment 168AP not moved.

Clause 111 : Incidental etc provision

Amendment 168AQ not moved.

Clause 112 : Transfer of property, rights and liabilities

Amendment 168AR not moved.

Clause 113 : Consequential amendments

Amendment 168AS not moved.

Clause 114 : Orders

Amendment 168AT not moved.



22 Apr 2009 : Column 1557

Clause 115 : Guidance

Amendment 168AU

Moved by Baroness Andrews

168AU: Clause 115, page 72, line 35, at end insert—

“( ) an ITA;”

Amendment 168AU agreed.

Amendment 168AV not moved.

Clause 116 : Amendments relating to EPBs and combined authorities

Amendment 168AW not moved.

Clause 117 : Interpretation

Amendment 168AX not moved.

Clause 127 : Duty to have regard to improvement targets

Amendment 168AY not moved.

Amendment 169

Moved by Lord Rosser

169: After Clause 134, insert the following new Clause—

“Central-local partnership

(1) The Secretary of State shall convene an annual meeting with representatives of central and local government (“the central-local partnership”) for the purpose of reaching an agreement to comply with—

(a) a framework of principles for how central and local government work together to serve the public,

(b) common priorities and a shared programme of objectives for giving effect to these principles, and

(c) such partnership arrangements as are necessary to give effect to the relationship.

(2) The Secretary of State shall take such steps as are required to ensure the attendance at the annual meeting of representatives of government departments with responsibilities for partner authorities subject to the duty to cooperate under section of the 104 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (application of chapter: partner authorities).

(3) For the purposes of this section, “representatives of local government” will be any body of which formal notice has been given to the Secretary of State as having authority to enter into agreement on behalf of local authorities in England.

(4) In reaching agreement under subsection (1), the Secretary of State and representatives of local government shall consult representatives of such persons as appear to have an interest in the promotion of well-being in local authority areas, including representatives of the voluntary sector.

(5) The Secretary of State shall make an annual report to Parliament on the operation of the central-local partnership.”

Lord Rosser: My Lords, I have discussed my amendment with the Local Government Information Unit and, as I understand it, there have also been discussions between the LGIU and my noble friend the Minister. Perhaps I should say before I go any

22 Apr 2009 : Column 1558

further that I am not an adviser or consultant, paid or unpaid, to any local government organisation or body. I just happen to consider that the issues that my amendment raises have both substance and merit.

In the 2007 Green Paper, The Governance of Britain, the Government proposed a concordat between central and local government. The Green Paper went on to say that the Secretary of State for Communities and Local Government should work with the Local Government Association to,

The concordat was duly agreed and signed in December 2007 by Sir Simon Milton for the Local Government Association and Hazel Blears, the Secretary of State for Communities and Local Government. It appears to have represented an agreement between key players rather than one based on consultation within the wider local government arena and with the national and local stakeholders involved.

I believe that there have been two previous documents along broadly similar lines. The December 2007 concordat replaced the agreement for the conduct of central-local relations of July 2002. Under the December 2007 concordat, meetings of the central-local partnership provided for under the 2002 agreement, which ceased in early 2006, would be renewed, and this partnership is responsible for monitoring the concordat and is also able to revise it in future.

The main elements of the concordat, which is more a statement of intent, are an acknowledgement of a joint responsibility to meet public expectations; a partnership in improving services with a set of shared objectives and a presumption that powers are best exercised at the lowest effective and practical level; an assertion of central government responsibilities to act in the national interest, and local government responsibilities for service performance, promoting prosperity and well-being and cohesion; definitions of reciprocal rights and responsibilities; a partnership in using taxpayers’ money well and a commitment to ensure that public services are properly funded; and greater flexibility for local councils in their funding.

Under the concordat there are a number of commitments for the future. The LGA and Government will work together to encourage all councils to make effective use of the well-being power, introduced by the Local Government Act 2000, and to conduct a growing share of the business of government. Government will reduce appraisal and approval regimes, ring-fencing of funds for specific purposes, and the volume of central guidance.


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