Localism Bill

My Lords, we are continuing to cover ground that we have largely covered previously, but in the interests of clarity I am quite happy to go over it again. As the noble Lord, Lord Hodgson, said, we have looked at this matter, but it is important that we return to it in light of these amendments. In considering the length of the various windows, we have taken account of responses to consultation and of the need to balance community benefit with the rights of property owners. The consultation demonstrated a broad consensus in favour of an interim window of six weeks to allow a community association to decide whether it is able to put its name forward for a bid, and a protected period of 18 months. We believe that these are the right periods. Opinion was more divided on the length of the full window, though a majority favoured a window of a maximum of six months as opposed to 40 per cent of respondents who favoured three months; that is, less rather than more. We are minded to accept six months, as I have already said. Amendments 145, 146, 147 and 147A propose a range of lengths—in some cases, a maximum or minimum—but all agree on the importance of providing some certainty by including reference to the chosen lengths in the Bill. We have also noted the recommendation of the Delegated Powers and Regulatory Reform Committee that, if the moratorium lengths were to be set in regulations, the first exercise of the power should be subject to affirmative procedure. I also heard what my noble friends said about having assurance in the Bill. We accept that there is a case for providing greater clarity. I shall therefore come back to this matter on Report having consulted with the Welsh Government and otherwise as necessary. We oppose Amendment 143A, which would give a right of first refusal to community interest groups where the owner of the asset concerned was a public body. The noble Baroness, Lady Thornton, introduced the amendment very persuasively, as she always does, but the amendment would mean that the existing government proposal would apply only to assets with private owners, including the voluntary sector. The two schemes would need to be run in parallel, imposing greater costs and making the system more confusing for those trying to use it. Powers already exist under general disposal consent for local authorities to transfer assets to community ownership at less than the best consideration to further local social, economic and environmental well-being. We think that that would satisfy the noble Baroness’s problems. We already intend to provide in regulation for both public and private owners to be able to sell their asset to a community group while the window of the opportunity is in operation. If there was a willing buyer and a willing seller, they could just get on with it. This would give community groups advantage over other purchasers, who would have to wait until the end of the moratorium period for a decision to be made. With those confirmatory explanations—because I think that I have given them previously—I ask noble Lords not to press their amendments.