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Local Democracy, Economic Development and Construction Bill (HL) 2008-09

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Local Democracy, Economic Development and Construction Bill (HL). Lords Report stage first day. New clause (Amendment 27) debated and withdrawn. Adjourned.

Department
Department for Communities and Local Government
Type
Debates on bills
Date
17 March 2009
Reference
709 c139-222
House
House of Lords

My Lords, we debated this a little in Grand Committee and I am happy to try to reassure noble Lords that their concerns are misplaced. In fact, I suggest that Amendment 37 might have the opposite effect to the one intended. The petitions regime, which this chapter introduces, does not...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c189-91
House
House of Lords

Amendment 59 59: Clause 13, leave out Clause 13

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c203
House
House of Lords

Amendment 71 71: Clause 16, page 10, line 23, after "authority" insert "or relevant person from any of the organisations set out in section 2(2)(a) and (c) to (f)"

Member
Lord Best (Crossbench)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c212
House
House of Lords

My Lords, I absolutely appreciate that the noble Lord is trying to be helpful by tabling Amendment 63. We debated this in Committee, and I am afraid that we disagree about what is to be achieved by this indicative list. I cannot add a huge amount to what I said...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c208-9
House
House of Lords

No, my Lords, I am dealing with the business that has been called—Amendment 82. That is what I am going to speak to. I am very grateful to the Conservative Chief Whip for putting on record that there are still Conservatives in the House, even though they remain silent except...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c216
House
House of Lords

My Lords, I am very grateful to the noble Baroness for the way in which she opened the debate on her amendments. I am pleased to know that we share so many of the assumptions about the values of local authorities and democratic arrangements. What divides us is not principle...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c149-52
House
House of Lords

My Lords, I thank the noble Lord, Lord Tope, for the gracious way in which he introduced this first debate on Report. We went over this Bill in great detail in Committee and I am very glad to share our understanding with him. Clearly we are all very much in...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c143-6
House
House of Lords

My Lords, I thank the Minister for that. If that information could be given before the deadline for tabling amendments for Third Reading, it would be extremely helpful to all of us. Amendment 21 agreed.

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c175
House
House of Lords

My Lords, I associate myself with these amendments and support them. I should declare an interest as it is the first time that I have spoken in this debate. I follow the footsteps of my noble friend Lord Greaves, and I have clocked up 13, perhaps 14, years in local...

Member
Baroness Maddock (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c154
House
House of Lords

My Lords, I supported the noble Lord, Lord Low, when he moved similar amendments in Grand Committee, and I still support the sentiment which lies behind them. In response to the noble Lord at Committee, the noble Lord, Lord Patel, rightly pointed out that there is an existing duty in...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c154-5
House
House of Lords

My Lords, noble Lords will recall that I moved the amendments in this group in Committee. I bring them back again today because I support the duties contained in Chapter 1 but I want to see disabled people receive the full benefit of them. The amendments would require authorities to...

Member
Lord Low of Dalston (Crossbench)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c152-3
House
House of Lords

My Lords, I apologise for the fact that I have not spoken previously on this Bill, but, with the leave of the House, I support the amendments in the name of the noble Lord, Lord Low. We were debating the Disabled Persons (Independent Living) Bill in this House last Friday...

Member
Baroness Wilkins (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c153-4
House
House of Lords

My Lords, before I address this group of amendments, I put on record the recognition for the amount of work that the noble Lord, Lord Low, and the noble Baroness, Lady Wilkins, have done over the years in support of fighting—rightly—for the rights of people with a range of disabilities....

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c155-8
House
House of Lords

My Lords, I thank the Minister for her detailed response. I continue to have some concerns about the detail but, at this stage, I beg leave to withdraw the amendment. Amendment 3 withdrawn.

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c152
House
House of Lords

Amendment 4 4: Clause 1, page 2, line 7, at end insert— "( ) The duty under subsection (1) includes in particular a duty to provide relevant information in formats accessible to people with disabilities."

Member
Lord Low of Dalston (Crossbench)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c152
House
House of Lords

Yes, my Lords, I am standing in for him, and he is standing in for my noble friend, Lady Hamwee. I shall do so for a while, though later in the proceedings, because I have the odd Back-Bench amendment in the same group as a Front-Bench amendment, I may have...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c149
House
House of Lords

My Lords, I enjoyed the contribution that we have just heard, which comes from the coal face. The noble Lord is actively involved in and very knowledgeable about local government as it operates at this time. However, from my experience from long ago, my first question when I read, ""insert...

Member
Lord Graham of Edmonton (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c142-3
House
House of Lords

My Lords, I thank the Minister for speaking to Amendments 5 and 6, which we welcome. She was right to refer to the quite considerable debate that we had at various points in Committee on the nature and role of partnerships. From my experience, if anything needs more explaining to...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c147
House
House of Lords

Amendment 3 3: Clause 1, page 2, line 2, at end insert— "( ) the democratic arrangements of such connected authorities as the principal local authority considers appropriate"

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c147
House
House of Lords

My Lords, I shall also speak to Amendment 13. I thank the Minister for her extensive meetings and correspondence as well as for what we on these Benches agree is a genuine desire to achieve agreement on the Bill. I also echo the words of the noble Lord, Lord Tope;...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c147-8
House
House of Lords

My Lords, this is the first time I shall have spoken on Report, so I shall declare appropriate interests as a member of Pendle Borough Council, of the executive of that council, and of various bodies—which nowadays I suppose we should call connected bodies—as a result of being on that...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c148
House
House of Lords

Clause 1: Democratic arrangement of principal local authorities Amendment 1 1: Clause 1, page 1, line 7, after "duty" insert "to use reasonable endeavours"

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c139
House
House of Lords

My Lords, I move Amendment 1 and will speak to Amendments 2, 7, 14 and 16. I again declare my interest as a councillor and a member of the executive in the London Borough of Sutton and—perhaps because of that—as a member of the Sutton Partnership Board, the local strategic...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c139-42
House
House of Lords

My Lords, the noble Lord raises important questions and points of detail. Some elements of this will be about common sense and the counties and districts sitting down and talking this through. Nothing prevents the districts from collecting lots of this information, as I have said, but one of the...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c174
House
House of Lords

My Lords, the Minister might have been surprised when he saw that my noble friend Lord Hanningfield and I had added our names to the government amendment. I assure noble Lords that we have not been bought off. We still have serious doubts about many aspects of this Bill. However,...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c172-3
House
House of Lords

My Lords, I, too, welcome these amendments. I welcome the Minister’s speech a great deal more than his previous one. I will give him one cheer at least, maybe one and a half out of three cheers for this one—well, perhaps one and three-quarters. I do not regard these as...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c173-4
House
House of Lords

Amendment 21 21: Clause 5, page 5, line 22, at end insert— "(za) the county council must, at least once a year, request any authority, body or other person in relation to which the district council is also under a duty under section 2, 3 or 4 for the information...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c170
House
House of Lords

My Lords, I shall speak to government Amendments 21 to 23. First, I welcome the support of the noble Baroness, Lady Warsi, and the noble Lord, Lord Hanningfield, on this set of amendments, which are intended to improve the arrangements set out in Clause 5. They explain how counties and...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c171-2
House
House of Lords

My Lords, I want to correct that impression, if I have given it. The noble Lord is quite right; I would not want to suggest that. That was loose language.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c170
House
House of Lords

My Lords, I am grateful for that. We all agree that that is not a path down which local authorities should go. In moving the amendment, I said that I accept and believe that anything that a local authority can properly do in association with these bodies, especially local magistrates,...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c170
House
House of Lords

My Lords, when the noble Lord, Lord Tope, began his speech, I thought that I had persuaded him. He began by saying that he wanted more understanding on the functions in this clause and how people become involved, that the magistracy needs to be more diverse and that assistance from...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c167-9
House
House of Lords

My Lords, I am grateful to the Minister for her reply. Let me start by making it clear that I was certainly not proposing that tribunals should be included—quite the opposite. However, as the noble Lord, Lord Borrie, was not here, I thought that I could at least give the...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c170
House
House of Lords

My Lords, my noble friend Lady Warsi and I have added our names to Amendments 15 and 17. I declare my interest as leader of Essex County Council, past vice-chairman of the Local Government Association, chairman of the Essex Management Board and numerous other interests associated with my leadership of...

Member
Lord Hanningfield (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c167
House
House of Lords

My Lords, I am very tempted to call a vote after that. With great respect to the Minister, he did not answer the local questions I asked him and about which I thought he would have local knowledge. Why will parents of children in Oakenshaw not receive from their own...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c163-5
House
House of Lords

Amendments 11 and 12 11: Clause 2, page 3, line 6, at end insert— "(aa) a parish meeting;" 12: Clause 2, page 3, line 36, at end insert— "(aa) a community meeting;" Amendments 11 and 12 agreed. Amendment 13 not moved. Clause 3: Monitoring boards, courts boards and youth offending...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c165
House
House of Lords

Amendment 15 15: Clause 3, leave out Clause 3

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c166
House
House of Lords

I shall speak also to Amendments 17 to 20, 24 and 25. We return to an issue that was subject to some considerable debate in Committee. Amendment 15 proposes to leave out Clause 3 relating to monitoring boards, courts boards and youth offending teams, and Amendment 17 would leave out...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c166-7
House
House of Lords

Amendment 9 9: Clause 2, page 2, line 37, leave out "in the principal local authority’s area" and insert "which— (i) is in the area of the principal local authority, or (ii) is attended by a significant number of students who live in the area of the principal local authority"

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c159
House
House of Lords

My Lords, with the leave of the House, I shall move Amendment 9, which is in the name of my noble friend Lady Hamwee, and speak to Amendment 9A, which is in my name. I apologise for the fact that Amendment 9A was tabled only today. That was due to...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c159-60
House
House of Lords

My Lords, as the noble Lord, Lord Greaves, will remember, we had a canter over this course in Committee. I am delighted to see the noble Lord, Lord Hanningfield, in the Chamber. He was very helpful to me in Committee, and I am sure that he will be equally helpful...

Member
Lord Graham of Edmonton (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c160-1
House
House of Lords

My Lords, I apologise to the noble Lord, Lord Graham, that my noble friend is not answering the question. Unfortunately, he will have to put up with me, and I hope I can be as persuasive as she absolutely would have been. I thank him for his input on this...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c161-3
House
House of Lords

My Lords, the Minister has gone a long way to reassure us, and has shown by his reply that he is very seized of the need to take more action to address the issues which we have raised in this debate. I am very grateful to all noble Lords who...

Member
Lord Low of Dalston (Crossbench)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c158-9
House
House of Lords

Amendments 5 and 6 5: Clause 1, page 2, line 15, after "arrangements"" insert ", in relation to any authority," 6: Clause 1, page 2, line 16, at end insert "by the authority (including the making of decisions by the authority in partnership or conjunction with any other person)" Amendments...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c159
House
House of Lords

Clause 11: Petition schemes Amendment 31 31: Clause 11, page 7, line 9, leave out "valid petitions made to the authority" and insert "petitions which are made to the authority and to which section 12 applies"

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c183
House
House of Lords

My Lords, there are degrees of opposition: some things are absolutely crazy and can get me going, such as an amendment that we debated earlier, and some things we would be better simply not doing. This is in the latter category. If you are going to do this then, as...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c181-3
House
House of Lords

My Lords, I am grateful for the noble Baroness’s intervention. I welcome her support and that of my noble friend, who made some very telling comments. I know that we are pre-empting a larger debate, which will surface as we go through the amendments, on whether we should legislate for...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c181
House
House of Lords

My Lords, unfortunately, I do not support the noble Lord, Lord Greaves, in seeking to leave out Clause 10. We on these Benches are not opposed to an e-petition scheme; on the contrary, we believe that it is likely to assist both the local authority and those making petitions. I...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c180-1
House
House of Lords

Amendment 37 37: Clause 11, page 7, line 22, after "with" insert "the statutory provisions of"

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c189
House
House of Lords

My Lords, other than referring to two things the noble Baroness said in moving these amendments, I am not going to make any general comments about the petition sections of this Bill. I will reserve those for Amendment 40, which is the important stand part debate. I will respond to...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c187-9
House
House of Lords

My Lords, I thank the Minister for tabling these amendments. My noble friend Lord Hanningfield and I have added our names to a number of them. Following a meeting with the noble Baroness between Grand Committee and today, she impressed on us that the Government had been looking again at...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c187
House
House of Lords

My Lords, this group of amendments is significant with regard to the debates we had in Committee about the nature of petitions. I do not want to reiterate the arguments that we had; I shall say simply that one of the reasons we brought this part of the Bill forward...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c183-7
House
House of Lords

My Lords, I shall speak to Amendment 39 as well. The Minister has been clear throughout in recognising that petitions come in a wide variety of forms. More often than not, they are not set out in the way originally envisaged in the Bill. We have just debated a clutch...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c189
House
House of Lords

My Lords, I am puzzled by the attitude of the noble Lord, Lord Greaves, although I know where he is coming from. I sympathise with his feeling that this is an attempt by centralising government, local or national, to have things done exactly as they feel they should be done....

Member
Lord Graham of Edmonton (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c180
House
House of Lords

My Lords, I shall also speak to Amendments 28 and 29. Noble Lords will have noticed that these amendments are identical to those moved by my noble friend Lady Hamwee in Committee. On 3 February in Committee, she explained their purpose very fully. Your Lordships will be pleased to know...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c175-6
House
House of Lords

Amendment 27 27: After Clause 7, insert the following new Clause— "Eligibility for membership: politically restricted posts In section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42), in subsection (2)— (a) paragraphs...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c175
House
House of Lords

My Lords, I am grateful to the Minister and I certainly take her response in good part. My understanding is that she has accepted the intention behind Amendment 27 but that it needs to be correctly drafted, and that it will come back to us at Third Reading. She is...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c178
House
House of Lords

My Lords, Amendment 27 would remove the link between the salary level and the designation of a local authority post as politically restricted. We certainly support the policy behind the Widdecombe rules, which preserve the visible political impartiality of senior local authority employees. In Communities in Control: Real People, Real...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c176-8
House
House of Lords

My Lords, this amendment would leave out Clause 10, which refers to electronic petitions. I suppose that I should mark the fact that we have moved away from Chapter 1 about democratic involvement and into Chapter 2, which relates to petitions. It will come as no surprise to the Minister...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c179-80
House
House of Lords

Clause 10: Electronic petitions Amendment 30 30: Clause 10, leave out Clause 10

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c179
House
House of Lords

Amendment 22 22: Clause 5, page 5, line 23, leave out ", at least once a year," Amendment 22 agreed.

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c175
House
House of Lords

Amendment 23 23: Clause 5, page 5, line 24, leave out from second "council" to end of line 27 and insert "under paragraph (za)" Amendment 23 agreed. Amendments 25 and 26 not moved.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c175
House
House of Lords

My Lords, I raised my concerns about the duties and responsibilities potentially being placed on small and under-resourced authorities at Grand Committee. I cited the burdens that would be placed specifically on parish councils and the concerns about the placing of such burdens without clear affirmative action rather than by...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c220
House
House of Lords

Amendments 89 to 91 89: Clause 21, page 14, line 6, at end insert— "(2A) The Secretary of State may not make a statutory instrument containing an order under section 20 which relates to the handling of petitions by a parish council in England unless a draft of the instrument...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c220
House
House of Lords

Clause 22: Interpretation Amendments 93 and 94 93: Clause 22, page 14, line 27, leave out from "organiser"" to end and insert "in relation to a petition made to a principal local authority, means— (a) the person designated in the petition as the person with whom the authority may deal...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c220-1
House
House of Lords

Clause 23: Duty of public authorities to secure involvement Amendment 96 96: Clause 23, page 15, line 16, leave out paragraph (j)

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c221
House
House of Lords

My Lords, these amendments relate to the duty of listed public authorities to secure the involvement of representatives of interested persons in the exercise of their functions. I will deal with the government amendment first, and then I will address Amendment 97, tabled by the noble Baroness, Lady Hamwee. I...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c221-2
House
House of Lords

Amendments 51 and 52 51: Clause 12, page 8, line 4, leave out "For the purposes of subsection (3)," and insert "For the purposes of this Chapter— (a) a signature counts if (and only if) the petition gives the signatory’s name and address (which may be an address where the...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c200
House
House of Lords

Amendment 53 53: Clause 12, leave out Clause 12

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c201
House
House of Lords

My Lords, whatever my more general views of the Government, I do not see why I should not say when I am content with one of their amendments. Clause 12 will no doubt now need a new heading, because it is headed "Valid petitions". We will discover by what process...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c201-2
House
House of Lords

My Lords, with the leave of the House I am moving the amendment in the name of my noble friend Lady Hamwee. Also in the group are Amendment 48 in my name, which is an overlapping amendment, and Amendment 83, which is similar. One of the things that we tried...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c196-8
House
House of Lords

My Lords, Amendments 47, 48 and 83 relate to the Government’s public commitment to use the order-making power in Clause 19 to exclude planning and licensing applications from the scope of the duty to respond to petitions. I begin by making it clear that the list of issues which are...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c198-200
House
House of Lords

My Lords, I think that that is a two and a half cheers answer. I am not suggesting in any way that our wording is ideal, so I thank the Minister very much for that answer. His answers are improving as the night goes on. I am not familiar with...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c200
House
House of Lords

Amendment 49 49: Clause 12, page 7, line 41, leave out subsection (3) Amendment 49 agreed.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c200
House
House of Lords

My Lords, I shall not press my attempt to remove the clause because that would destroy the architecture. I would like to destroy the architecture but not in this way. The Minister talked about a threshold. I do not understand how you determine different thresholds for different issues in the...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c202-3
House
House of Lords

My Lords, I do not think that I can add anything to what I said in Grand Committee on this important clause and on this element of it. In subsection (2), which states that petition schemes must specify the number of signatures of people who live, work and study in...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c202
House
House of Lords

My Lords, on the arguments put forward by the noble Lord, Lord Greaves, I do not think that there is anything I can do to persuade him otherwise. I do not think there is any point in reiterating any of the detail or the argument that we went through in...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c194-5
House
House of Lords

My Lords, if this legislation is passed, I shall certainly live with it and I shall assist whatever local authorities I have influence with to cope with it in a sensible way, because that is what local authorities do—they spend half their lives trying to cope with government legislation in...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c196
House
House of Lords

My Lords, I think that this is my last big blast at the whole principle of these petition clauses. There will be one or two later amendments but they and the stand-part measures will cover the detail. Amendment 40 seeks to leave out Clause 11, which sets up the petition...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c191-4
House
House of Lords

My Lords, I see the noble Lord, Lord Greaves, has tabled "leave out" amendments to each of the clauses which deal with petitions. My noble friend Lord Hanningfield and I, in Grand Committee, added our names to all the equivalent stand-part Questions. We argued then, and I have much sympathy...

Member
Baroness Warsi (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c194
House
House of Lords

My Lords, I am grateful to the Minister for her reply and for the comments she made on Amendment 37. I understand the point that she was making. Perhaps we should have made clearer our intention to include the agreement of the petitioners. I accept that the amendment’s drafting does...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c191
House
House of Lords

Amendment 40 40: Clause 11, leave out Clause 11

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c191
House
House of Lords

Amendment 47 47: Clause 12, page 7, line 36, after "enactment" insert "or relates to a planning or licensing application"

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c196
House
House of Lords

Amendments 44 and 45 44: Clause 12, page 7, line 31, leave out "validly" 45: Clause 12, page 7, line 33, leave out paragraph (d) Amendments 44 and 45 agreed. Amendment 46 not moved.

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c196
House
House of Lords

Clause 12: Valid petitions Amendments 41 and 42 41: Clause 12, page 7, line 26, leave out from beginning to "which" in line 27 and insert "This section applies to a petition made to a principal local authority" 42: Clause 12, page 7, line 28, leave out paragraph (a) Amendments...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c196
House
House of Lords

My Lords, government Amendments 88, 89, 90 and 91 give effect to the Delegated Powers and Regulatory Reform Committee’s recommendation that any order-extending provisions on petitions to parish or community councils should be subject to affirmative resolution. The DPRRC agreed that the negative resolution procedure is appropriate for any orders...

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c219-20
House
House of Lords

Clause 21: Orders Amendment 88 88: Clause 21, page 14, line 5, after "State" insert ", other than an order referred to in subsection (2A),"

Member
Lord Patel of Bradford (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c219
House
House of Lords

My Lords, I understand that the noble Lord, Lord Tope, is unwilling to answer a straightforward question.

Member
Baroness Anelay of St Johns (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c216
House
House of Lords

My Lords, perhaps all our voices are going at this time of night. I am of course grateful to the Minister for her assurances and reassurances, but I do not need reassurances from her; I have no doubt whatsoever of her good faith and good intentions in all this. However,...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c218-9
House
House of Lords

My Lords, these amendments deal with the powers set out in Clause 19 for the appropriate national authority to make orders and give directions to principal local authorities in relation to their petition schemes. I remind the House that Clause 19(1) provides a power for the appropriate national authority to...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c216-8
House
House of Lords

I speak also to Amendments 84 and 85.

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

Clause 19: Powers of appropriate national authority Amendment 82 82: Clause 19, page 12, line 43, leave out subsection (1)

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

My Lords, I thought that we were on Amendment 82, not Amendment 76, so I shall continue. I cannot unsay what—

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c216
House
House of Lords

It might be appropriate to intervene. I am somewhat confused about a statement that the noble Lord, Lord Tope, has just made in seeming to move an amendment and then saying that he was not moving it. He appeared to say that he would bring it back at Third Reading....

Member
Baroness Anelay of St Johns (Conservative)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c216
House
House of Lords

Clause 18: Supplementary scheme provision Amendments 78 to 80 78: Clause 18, page 12, line 32, leave out from "not" to end of line 33 and insert "petitions to which section 12 applies" 79: Clause 18, page 12, line 34, leave out "valid" 80: Clause 18, page 12, leave out...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

This amendment was tabled by the noble Baroness, Lady Hamwee, and is a measure about which she feels very strongly. As I said previously, it is a matter of considerable importance and principle to us. Therefore, I shall not move it at this time of night and will bring it...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

Amendment 76 76: Clause 16, leave out Clause 16

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

My Lords, I detect rather muted support for my amendment at this stage. It is unlikely that we will see considerable devolution and decentralisation of power without some change to the way in which local authorities and other public authorities approach some of their tasks. To enhance and strengthen local...

Member
Lord Best (Crossbench)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c215
House
House of Lords

My Lords, I thank the noble Lord, Lord Best, for what he said about the principle of the Bill and what it intends to do in order to proactively promote democracy. In Committee, he described this as the core business of local authorities. I am grateful for the graciousness of...

Member
Baroness Andrews (Labour)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c213-5
House
House of Lords

My Lords, we have some difficulty with the noble Lord’s amendments. I understand very well what he is trying to achieve and I think that there is a good case for it in many respects, as many of the bodies to which he is referring do not have the same...

Member
Lord Tope (Liberal Democrat)
Type
Proceeding contributions
Date
17 March 2009
Reference
709 c213
House
House of Lords