Local Democracy, Economic Development and Construction Bill [HL]

My Lords, we made it clear in Grand Committee that we have reservations about Clause 16. The noble Baroness, Lady Hamwee, quite rightly expressed those concerns again today. We said then, and we say now, that officers are appointed to serve the whole council. They are not there to second-guess the will of the administration. It remains our view that the Government did not think through the implications of the clause carefully enough before bringing the Bill to the House. We had a full discussion of this clause in Grand Committee and the Minister has written a helpful letter to her noble friend Lord Graham of Edmonton. My noble friend Lord Hanningfield and I subsequently added our names to the Government’s Amendment 170, which improved the clause. I am afraid that I must signal my unease at Amendments 170A and 170B, in the name of the noble Baroness, Lady Hamwee, which would make Clause 16 practically unworkable. As I say, we have reservations about the clause, but we cannot support an amendment that would make the operation of the Bill conditional on new primary legislation as proposed in new paragraph (iv) in Amendment 170B. The paragraph, should it ever come about, appears to be more about tit-for-tat point-scoring than anything else. I have great sympathy with the noble Baroness’s arguments against Clause 16, but it would not be responsible of us to support the amendment.