The Minister is absolutely right. The law is the law, and if people break the law, they break the law. My point is that, as I read the legislation, the illegality refers to the likelihood of people breaking the law during the election campaign as a ground for refusing to have a referendum. Although I tabled an amendment to remove that, it was a probing amendment and I am not suggesting that it should be removed. I am suggesting that it should be made absolutely clear that the ground for refusing to have a referendum is that what is being asked for as the outcome of the referendum is not legal. I cannot understand why that should not happen. That is different from the conduct of the campaign, but I am happy to discuss this informally with the Minister.
Briefly, the Government should think about the ““trivial”” point. This clause currently refers to questions which are ““vexatious or abusive””, wording which comes from the Local Democracy, Economic Development and Construction Act 2009 in relation to petitions. That Act is being repealed, and we will probably have the same debate over that.
A council ought to be able to reject a petition for a referendum on the grounds that the issues in it simply are not worth the candle—that they are ““trivial””, or whatever wording the Government would come up with; that they are de minimis in some way. Perhaps the Government will reflect on that. I beg leave to withdraw the amendment.
Amendment 126A withdrawn.
Amendments 126B to 126F not moved.
Amendment 126G
Moved by
Localism Bill
Proceeding contribution from
Lord Greaves
(Liberal Democrat)
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
Reference
728 c1940 Session
2010-12Chamber / Committee
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