Local Democracy, Economic Development and Construction Bill [HL]

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 Clause 4 relating to lay justices. The other amendments are consequential on those two principal amendments. This will probably be one of those areas where we simply disagree with the Government but perhaps I may start with where we do agree. We certainly agree that a better understanding among local people—indeed, the public in general—of the functions of all those bodies is desirable. It is certainly desirable that people understand better how they can become involved in, or even in some cases become a member of, those bodies. All that is desirable. We recognise that the membership of the magistracy, in particular, needs to be very much more diverse than is currently the case. Therefore, all that is common ground between us. We certainly recognise that any assistance that local authorities can give in bringing about that greater understanding and involvement—enabling people to understand what is involved if, for example, they seek to become a magistrate—will be beneficial. All that is desirable and no one would think otherwise. However, there is a huge difference between local authorities assisting voluntarily with the various bodies in bringing that about and the Government placing a statutory duty on them to do so. That is simply a step too far. For instance, it is not, and should not be, the statutory responsibility of a local authority to encourage people to know more about becoming, and then to become, magistrates, desirable though that may be. It is good if a local council, in discussion with its local magistrates or, indeed, with the Magistrates’ Association wishes voluntarily to put something on its website or to make available leaflets that explain those roles. That is desirable. I hesitate to say it, but this could even be suggested in the guidance. However, to make it a statutory duty of the local authority is a step too far. Making it a statutory duty is also inconsistent with what the Minister has assured us throughout is intended to be a light-touch approach. The roles of a local authority and the local magistrates are not close enough, in this sense, to be consistent with a light touch. When we discussed Clause 4 in Committee, several concerns were raised. I wondered, without making too much of an issue, whether there was a potential difficulty between the relationship of a local authority, in its use of a magistrates’ court, and this duty. That could happen, although I do not want to exaggerate. The noble Baroness, Lady Warsi, several times asked what a local authority would do better than those bodies that are doing it now. She never really received an answer. It is those bodies’ job and responsibility, which most of them are carrying out, to better inform the public and seek a wider and more diverse membership. How will a local authority with a statutory duty to do that do it better than it is being done now? The Minister’s only reply was that this will be in the wider context of civic engagement and that is desirable. Somebody looking at a council website, wondering what is involved in becoming a councillor, will not suddenly say that they would much rather be on a prison monitoring board than become a councillor. It is unlikely that anyone who wishes to be involved with an independent monitoring board for a prison or a visiting committee, or who wants to become a magistrate, will look at the local authority website in the first instance. They are more likely to look at the appropriate website for that authority. It is just inappropriate and wrong to make it a statutory duty. I am sorry to see that the noble Lord, Lord Borrie, is not in his place. In Committee, he expressed qualified support for my view. He said that if we are talking, as we are, about lay justices, why is there no similar duty for tribunals? I am not for one moment arguing that there should be. Indeed, for the same reasons, there should not be, but it seems to be an inconsistency and the Minister agreed that she would think about that inconsistency. I would like to believe that her thoughts have led her to believe that having the statutory duty for lay justices is inappropriate and that we are not now, as a result, going to add tribunals to the list. That is a point for consideration. Clauses 3 and 4 are simply wrong. It is wrong to place a statutory duty on local authorities in this respect and it is inconsistent with the proclaimed light touch. I beg to move.