I thank the Minister for her reply and thank the noble Lord, Lord Greaves, for the support that he gave to some of the amendments. In relation to Amendment 37A, in practice there would be little advantage in going along that route. It would be a foolish leader who endeavoured to appoint an executive without the support of his colleagues. He would not last long in leadership, I suspect. In reality, I do not think that this particular provision is required.
On Amendment 38, however, the Minister rather skates over the implications of the Bill as it presently stands. I cannot see any reason why the determination of the size of the executive should not be entirely at the discretion of the local authority. At the very least, it would be wrong to leave the Secretary of State with power arbitrarily to reduce the size of the executive to, potentially, one or two members. Generally speaking, 10 is about the right figure; in the case of my own authority and that of the noble Lord, Lord Shipley, the new administration has actually reduced the number of cabinet members, to use the phrase adopted, from 10 to six. That is legitimate and a matter of decision for the authority. In my submission, it would not be legitimate for the Secretary of State to prescribe that. Given the increasing spread of responsibilities, the partnership arrangements that now exist and the structures that now surround local government, it may well be creating an onerous burden on members of executives if their numbers were to be confined. I hope that the Government look again at this really rather purposeless provision.
The noble Lord, Lord Jenkin, raised the question of principle, which it may be as well that we dispose of today. He asks very legitimately where the power of general competence is in all this. I had the pleasure of working with, or perhaps beneath, the noble Lord when he was Secretary of State for the Environment and chaired the Inner City Partnership committee in Newcastle. He was always clearly committed to local government. The problem is not so much around the concept of general competence as that the Bill, or much of it, rests on an assumption—certainly on the part of civil servants, and perhaps of Ministers of all Administrations—of general incompetence in local government and those who serve in it. I fear that that suspicion lies behind many of the manifold provisions in the Bill which purport to increase the degree of regulation that the Secretary of State can impose, if he sees fit. I hope that on reflection, as we go through the Bill, the Minister and her noble friends will think again about the degree to which they are taking upon themselves a burden that is effectively unnecessary. I beg leave to withdraw the amendment.
Amendment 34 withdrawn.
Amendments 35 and 36 not moved.
Amendment 37
Moved by
Localism Bill
Proceeding contribution from
Lord Beecham
(Labour)
in the House of Lords on Thursday, 23 June 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Localism Bill.
About this proceeding contribution
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2010-12Chamber / Committee
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