Localism Bill

My Lords, I shall start with Amendment 24 because the noble Baroness, Lady Byford, has asked me to clarify what it means. I do not know because it is not my amendment. It is the amendment of the noble Lord, Lord Greaves. I am also not sure of the problem that gives rise to Amendment 24. I suggest that the noble Lord and I talk about this before the next stage because there is clearly something in his mind about trusts. I do not think it is affected by the Bill but he perhaps still sees it as a problem. I shall give him my answer and then he can consider whether that is necessary. The order-making power in Clause 5(1) can be used only to remove restrictions and limitations that stop a local authority from acting as a natural person does. It is not a general purpose tool to remove any obligation placed on local authorities such as the removal of trusts or safeguards associated with particular public interests. In exercising the power, the Secretary of State is bound by his own obligations under the Bill in relation to the conditions safeguarding any protections, rights and freedoms which, in our view, provide sufficient safeguards against the removal of any statutory trust in relation to open spaces or parks. I think that answers the noble Lord’s question and perhaps he will advise me whether that is so when he comes to reply. If not and he is still worried about it, we might have a word before we get to Report. Amendments 19 and 20 reflect a preference for the word ““order”” over ““provision””. Although it possibly makes little difference in practice, we believe that ““provision”” is right because there may be cases where one order deals with a number of provisions and each provision should meet the tests set out in subsection (2). We believe that Amendments 21 and 22 are unnecessary. The power is a power to remove statutory restrictions. If the same thing can be achieved in a different way, then it is hard to see how they could be statutory restrictions in the first place. So if an order is unnecessary, I am sure that that would be brought to our attention before it was ever passed. Amendments 23 and 25 were not spoken to by the noble Lord. As for Amendment 24, this would also be governed by the third and fourth conditions set out in subsections (6)(2)(a) and (6)(2)(b), which say that the provision should be ““proportionate”” and should strike a ““fair balance”” between competing interests. However, the noble Lord will tell me whether he needs to discuss this matter further before the next stage or will accept what I have said.