My Lords, I thank all noble Lords who have contributed to this debate. I am sorry that the Minister has felt unable to move on this, particularly in the light of the comments made by the noble Lord, Lord Low of Dalston.
As I mentioned earlier, the Minister said in Committee that she had been given to understand that no representations on the timing of the by-elections had been received from Exeter and Norwich councils. My understanding, as I said, is different. I notice in her response that she did not comment on that issue. I hope that she will make further inquiries on this point, particularly in the light of the response, which I am informed was given in reply as a ministerial stance and which once again reaffirmed the Minister’s position. So far as I am concerned—and the Minister did not seek to refute this from the Dispatch Box just now—the statement of the law on the timing of these by-elections was incorrect. The facts, including the recent High Court judgment, also indicate that the Secretary of State’s ruling on the law was wrong and that it has led to additional costs as far as Exeter and Norwich councils are concerned.
I simply repeat that the local authorities in Norwich and Exeter have been in no way at fault, as Mr Justice Ouseley said in the recent decision of the High Court. He said that the local authorities, "““are not themselves to blame for the pickle””,"
in which they find themselves. As I have said previously, to Norwich and Exeter, and to everyone else, central government does not become some new or different body or organisation simply because of a change in political control. The same of course applies to local authorities.
I hope that the Minister might be prepared during the next few weeks to reflect further on this issue and on the stance, which I suspect the Secretary of State in reality is taking rather than the Minister, and that she might be at least prepared to indicate to the two local authorities concerned that, without any commitment to change her stance, she would nevertheless, if they so wished, be willing to meet them to hear what they wanted to say to her on costs.
It will be up to others to decide whether to pursue this issue further when the Bill reaches the other place, but as far as the proceedings in your Lordships’ House are concerned, I beg leave to withdraw the amendment.
Amendment 3 withdrawn.
Clause 2 : Extent, commencement and short title
Amendment 4
Clause 2 : Extent, commencement and short title
Amendment 4
Moved by
Local Government Bill [HL]
Proceeding contribution from
Lord Rosser
(Labour)
in the House of Lords on Wednesday, 28 July 2010.
It occurred during Debate on bills on Local Government Bill [HL].
About this proceeding contribution
Reference
720 c1324 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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