My Lords, with respect to the noble Lord, the first amendment is an unnecessary addition to the responsibilities of local authorities. On the kind of issue the noble Lord has addressed, such as a very controversial issue like an airport or major development, it is inconceivable that a prospective developer would be unaware of a petition doing the rounds. On the other hand paragraph (b) of Amendment 126ZA says, "““any person who is the owner or occupier of any land to which the petition or request relates””."
I can think immediately of situations in my own ward where we have empty properties about which there is considerable concern. There might well be petitions coming to the local authority to do something about them but very often it is impossible to know who the owner of the property is or how to contact the owner. Again, that would create a significant burden and, with the best possible motive, it is overegging the responsibilities of the authority.
I have a little more sympathy with the after-the-event process that the noble Lord refers to in Amendment 129CA because it requires the authority to consult. There will potentially be same issue on paragraph (b) but, in general, it is not unreasonable to require the authority to consult in a referendum those affected although, bearing in mind again that we are talking about non-binding referendums, this is a less significant issue than it would otherwise be. Nevertheless, it is good practice for an authority to consult if it is going to do that, and I see no harm in that provision. However, if the Government are minded to accept it, I urge that there be some qualification to paragraph (b) about the ownership or occupation of land, which may be very difficult to identify. On the other hand, paragraph (c), "““any other person whom the authority considers to have an interest””,"
is so wide that I think it is a bit much. If the Government are at all minded to respond sympathetically to the noble Lord, and I hope they are in respect of the second point, it should really be combined to paragraph (a) and a modified paragraph (b). That would be my respectful suggestion.
Localism Bill
Proceeding contribution from
Lord Beecham
(Labour)
in the House of Lords on Thursday, 30 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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