My Lords, that may well be the case, but that is for another day. This clause makes it clear that the council tax payer in effect foots the bill, and it is for the local authority to say, ““Look, be careful, the council tax payer is going to have to suffer this. Are you certain you are doing the right thing?””.
On Amendment 118B, I, too, have been having trouble with the definition of ““fine arts””. All I know is that the ““fine”” is not the same ““fine”” that my noble friend Lord Attlee was having difficulty with. It is a different use of the word. The best thing to do is to go back to the Local Government Finance Act 1988. I have it here because I dug it out. The first thing I thought about 1988 was that it was the year after 1987. Actually I am thinking of 1997 and the previous Government, but it was a long time ago. That Act refers to premises, "““whose main objects are charitable””—"
which in itself covers many arts organisations— "““or are otherwise philanthropic””—"
which may also well cover arts organisations— "““or religious””—"
which may also cover arts organisations. It then says, "““or concerned with education, social welfare, science, literature or the fine arts””."
We are exactly where we were before. The Bill does nothing to disturb, in a positive or a negative way, what can be done so that charitable, et cetera, bodies do not have to pay the full rates. I think that is a fair position. Others may well still have to consider the precise recognition of a fine art that does not happen to be charitable or philanthropic, or indeed whether it is an art that does not happen to be charitable or philanthropic, but many people will find a way of discovering that they are charitable or philanthropic. There is no reason why a local authority could not give grant relief to any arts organisation, provided that it considers the interests of council tax payers and fund the relief itself.
Under Amendment 118C, there would be no statutory duty on authorities to have regard to any guidance. If the Secretary of State chooses to issue guidance, it is likely to be largely administrative in nature, covering such matters as state aid issues and the relationship between billing authorities and precepting authorities. Such guidance may well be welcomed. Of course, authorities would only have to have regard to the guidance; they would still be able to grant relief in accordance with the law as they see fit.
I hope that I have responded to those three amendments and, indeed, the major matter of the integrity of the position on rate relief that remains for all sorts of charitable and other bodies. Therefore, I trust that the noble Lord will be able to withdraw his amendments and, indeed, that we will be able to stick to this clause.
Localism Bill
Proceeding contribution from
Lord Shutt of Greetland
(Liberal Democrat)
in the House of Lords on Tuesday, 28 June 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Localism Bill.
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2010-12Chamber / Committee
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