Local Democracy, Economic Development and Construction Bill [HL]

I agree with the noble Lord that the word is somewhat ambiguous. My speaking notes attempted to make that clear. However, a statement in Parliament by a Minister on the Bill would be taken into account by a court in seeking to work out what the word means. We have a precedent for that in the Pepper v Hart case. That means that it is important that the paragraph that I have just read out is clearly stated in Hansard. Amendments 126 and 128 relate to Clause 18 and address the issue of the provisions which local authorities may make in their petition schemes in addition to those set out in this chapter—such as the process of dealing with petitions that are not valid, which are made to more than one authority and those made to one local authority but which clearly relate to the functions of another. Noble Lords have said clearly what their feelings are on this. Amendment 126 would change the status of these issues from suggestions to requirements for inclusion in petitions schemes. The issues we have listed in Clause 18(2) are practical points which may well come to light when a scheme gets under way. They are therefore particularly worth highlighting to local authorities for possible inclusion in their petition scheme. I do not believe, however, that a scheme would grind to a halt if they were not included. Local authorities can take sensible decisions for themselves on how they approach these points and the range of others that will be important to them in their local context. Inclusion of a list has a specific legal effect of identifying the nature of the discretion being exercised by the principal authorities. A similar effect might be obtained by placing the list within guidance but, as has already been said, that would be less certain, as guidance is simply suggestions on what can be taken up. Noble Lords clearly feel very strongly about this issue, and it would probably be worth discussing it further. I should be happy to meet before Report to look through this in a bit more detail.