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Local Government and Public Involvement in Health Bill

If the Committee will indulge me, I have had some help—the cavalry have arrived—and I can explain why the provision is in this part of the Bill. Noble Lords are right; there appears to be a conflation. Clause 8 is the crucial provision. Essentially, it allows the Boundary Committee to conduct a review of local government areas. A review can be instigated by a request from the Secretary of State or the local authority, or on the initiative of the Boundary Committee itself. I think that that covers the point made by the noble Lord, Lord Greaves. Subsection (2) provides that the Boundary Committee may only make recommendations for boundary change that seem desirable to it, having regard to, "““the need to secure effective and convenient local government””." That is consistent with the Boundary Committee’s current approach. However, it can also recommend a boundary change, the abolition of a local government area and/or the constitution of a new local government area. The provision is in the Bill so that the Boundary Committee cannot make recommendations for boundary change that would permit structural change through the back door. It is therefore important that it is placed alongside the provisions that make those changes possible. The Boundary Committee cannot recommend the alteration of a local government area or the creation of a new local government area which would extend into Wales, the City of London or the Temples, for example. I hope that I have clarified that. Subsection (5) provides that the Boundary Committee must have regard to any guidance that the Secretary of State issues in connection with boundary review and that may include, for example, clarification of the legislative powers of the committee and what it can and cannot recommend where the guidance relates to a specific proposal, the economic coherence of the area or transport patterns. Subsection (6) provides that a local authority must provide information to the Boundary Committee which it requests in connection with this role, so that it has all the information it needs. That explains the geography of the Bill. It has two roles: to give advice on a unitary proposal, in Clauses 5 and 6, and the wholly separate role of making recommendations on boundary review, in Clauses 8, 9 and 10. I hope that that clarifies the unfortunate muddle.

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Reference

693 c1188-9 

Session

2006-07

Chamber / Committee

House of Lords chamber
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