Technically, the noble and learned Baroness is of course right. I just make two points in response. I see this as part of the creep, the continuing extension of judicial authority to supersede parliamentary authority. The other point is that the district councils, Norwich and Exeter, did not have the money to appeal against the judgment. They could not afford to do so. There is no legal aid for local authorities which suffer rulings hostile to their interests. I do not think that CLG was going to pay for the cost of their appeal. So there has never been an appeal to test that point.
Local Government Bill [HL]
Proceeding contribution from
Lord Howarth of Newport
(Labour)
in the House of Lords on Wednesday, 14 July 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Local Government Bill [HL].
About this proceeding contribution
Reference
720 c701 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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