Local Democracy, Economic Development and Construction Bill (HL). Lords Report stage first day. New clause (Amendment 27) debated and withdrawn. Adjourned.
Local Democracy, Economic Development and Construction Bill [HL]
About these Parliamentary proceedings
Reference
709 c139-222 Session
2008-09Legislative stage
Report stageChamber / Committee
House of Lords chamberRelated items
Local Democracy, Economic Development and Construction Bill (HL). As amended in Grand Committee.
Tuesday, 3 March 2009
Bills
House of Lords
Tuesday, 3 March 2009
Bills
House of Lords
Proceeding contributions
Baroness Warsi | 709 c220 (Link to this contribution)
My Lords, I raised my concerns about the duties and responsibilities potentially being placed on sma...
Baroness Andrews | 709 c220 (Link to this contribution)
Amendments 89 to 91
89: Clause 21, page 14, line 6, at end insert—
"(2A) The Secretary of State may...
Show all contributions (122)
Baroness Andrews | 709 c220-1 (Link to this contribution)
Clause 22: Interpretation
Amendments 93 and 94
93: Clause 22, page 14, line 27, leave out from "or...
Baroness Andrews | 709 c221 (Link to this contribution)
Clause 23: Duty of public authorities to secure involvement
Amendment 96
96: Clause 23, page 15, l...
Baroness Andrews | 709 c221-2 (Link to this contribution)
My Lords, these amendments relate to the duty of listed public authorities to secure the involvement...
Baroness Pitkeathley | 709 c200 (Link to this contribution)
My Lords, as Amendment 49 has been agreed to, I cannot call Amendment 50 for reasons of pre-emption....
Baroness Andrews | 709 c200 (Link to this contribution)
Amendments 51 and 52
51: Clause 12, page 8, line 4, leave out "For the purposes of subsection (3),"...
Lord Greaves | 709 c201 (Link to this contribution)
Amendment 53
53: Clause 12, leave out Clause 12
Lord Greaves | 709 c201-2 (Link to this contribution)
My Lords, whatever my more general views of the Government, I do not see why I should not say when I...
Lord Greaves | 709 c196-8 (Link to this contribution)
My Lords, with the leave of the House I am moving the amendment in the name of my noble friend Lady ...
Lord Patel of Bradford | 709 c198-200 (Link to this contribution)
My Lords, Amendments 47, 48 and 83 relate to the Government’s public commitment to use the order-mak...
Lord Greaves | 709 c200 (Link to this contribution)
My Lords, I think that that is a two and a half cheers answer. I am not suggesting in any way that o...
Baroness Andrews | 709 c200 (Link to this contribution)
Amendment 49
49: Clause 12, page 7, line 41, leave out subsection (3)
Amendment 49 agreed.
Lord Greaves | 709 c202-3 (Link to this contribution)
My Lords, I shall not press my attempt to remove the clause because that would destroy the architect...
Baroness Andrews | 709 c202 (Link to this contribution)
My Lords, I do not think that I can add anything to what I said in Grand Committee on this important...
Baroness Andrews | 709 c194-5 (Link to this contribution)
My Lords, on the arguments put forward by the noble Lord, Lord Greaves, I do not think that there is...
Lord Greaves | 709 c196 (Link to this contribution)
My Lords, if this legislation is passed, I shall certainly live with it and I shall assist whatever ...
Lord Greaves | 709 c191-4 (Link to this contribution)
My Lords, I think that this is my last big blast at the whole principle of these petition clauses. T...
Baroness Warsi | 709 c194 (Link to this contribution)
My Lords, I see the noble Lord, Lord Greaves, has tabled "leave out" amendments to each of the claus...
Lord Tope | 709 c191 (Link to this contribution)
My Lords, I am grateful to the Minister for her reply and for the comments she made on Amendment 37....
Lord Greaves | 709 c191 (Link to this contribution)
Amendment 40
40: Clause 11, leave out Clause 11
Lord Greaves | 709 c196 (Link to this contribution)
Amendment 47
47: Clause 12, page 7, line 36, after "enactment" insert "or relates to a planning or ...
Baroness Andrews | 709 c196 (Link to this contribution)
Amendments 44 and 45
44: Clause 12, page 7, line 31, leave out "validly"
45: Clause 12, page 7, l...
Baroness Andrews | 709 c196 (Link to this contribution)
Clause 12: Valid petitions
Amendments 41 and 42
41: Clause 12, page 7, line 26, leave out from beg...
Lord Patel of Bradford | 709 c219-20 (Link to this contribution)
My Lords, government Amendments 88, 89, 90 and 91 give effect to the Delegated Powers and Regulatory...
Lord Patel of Bradford | 709 c219 (Link to this contribution)
Clause 21: Orders
Amendment 88
88: Clause 21, page 14, line 5, after "State" insert ", other than ...
Baroness Anelay of St Johns | 709 c216 (Link to this contribution)
My Lords, I understand that the noble Lord, Lord Tope, is unwilling to answer a straightforward ques...
Lord Tope | 709 c218-9 (Link to this contribution)
My Lords, perhaps all our voices are going at this time of night. I am of course grateful to the Min...
Baroness Andrews | 709 c216-8 (Link to this contribution)
My Lords, these amendments deal with the powers set out in Clause 19 for the appropriate national au...
Lord Tope | 709 c215 (Link to this contribution)
I speak also to Amendments 84 and 85.
Lord Tope | 709 c215 (Link to this contribution)
Clause 19: Powers of appropriate national authority
Amendment 82
82: Clause 19, page 12, line 43, ...
Lord Tope | 709 c216 (Link to this contribution)
My Lords, I thought that we were on Amendment 82, not Amendment 76, so I shall continue. I cannot un...
Baroness Anelay of St Johns | 709 c216 (Link to this contribution)
It might be appropriate to intervene. I am somewhat confused about a statement that the noble Lord, ...
Baroness Andrews | 709 c215 (Link to this contribution)
Clause 18: Supplementary scheme provision
Amendments 78 to 80
78: Clause 18, page 12, line 32, lea...
Lord Tope | 709 c215 (Link to this contribution)
This amendment was tabled by the noble Baroness, Lady Hamwee, and is a measure about which she feels...
Lord Tope | 709 c215 (Link to this contribution)
Amendment 76
76: Clause 16, leave out Clause 16
Lord Best | 709 c215 (Link to this contribution)
My Lords, I detect rather muted support for my amendment at this stage. It is unlikely that we will ...
Baroness Andrews | 709 c213-5 (Link to this contribution)
My Lords, I thank the noble Lord, Lord Best, for what he said about the principle of the Bill and wh...
Lord Tope | 709 c213 (Link to this contribution)
My Lords, we have some difficulty with the noble Lord’s amendments. I understand very well what he i...
Lord Best | 709 c212-3 (Link to this contribution)
My Lords, I shall speak also to the related Amendments 72 to 75. Before I get to the meat of the iss...
Baroness Andrews | 709 c211 (Link to this contribution)
Clause 16: Requirement to call officer to account
Amendment 70
70: Clause 16, page 10, line 21, le...
Lord Greaves | 709 c211 (Link to this contribution)
My Lords, I believe this has been thought up by people who do not understand how councils work. I am...
Lord Tope | 709 c207-8 (Link to this contribution)
My Lords, I am grateful for that explanation, if a little puzzled by it, as the amendments recently ...
Baroness Anelay of St Johns | 709 c206-7 (Link to this contribution)
My Lords, since we are named, the Conservatives have a very active interest in this Bill, as we show...
Lord Tope | 709 c209 (Link to this contribution)
Again, my Lords, I am grateful to the Minister for her reply. This is another one of those points on...
Lord Greaves | 709 c209 (Link to this contribution)
Amendment 69
69: Clause 15, leave out Clause 15
Baroness Andrews | 709 c209 (Link to this contribution)
Clause 15: Requirement to debate
Amendment 68
68: Clause 15, page 10, line 6, leave out "validly"
...
Baroness Andrews | 709 c210 (Link to this contribution)
My Lords, I am afraid that, again, this is something on which the noble Lord and I disagree in princ...
Lord Greaves | 709 c209-10 (Link to this contribution)
My Lords, I have one substantive point to make, but in fact this entire clause ought to be removed. ...
Lord Tope | 709 c206 (Link to this contribution)
My Lords, I am grateful to the Conservative Chief Whip for reminding me. I was so taken aback by the...
Baroness Anelay of St Johns | 709 c206 (Link to this contribution)
My Lords, the noble Lord means Amendment 63.
Lord Graham of Edmonton | 709 c204-5 (Link to this contribution)
My Lords, not for the first time the noble Lord, Lord Greaves, makes very good points in favour of s...
Lord Greaves | 709 c204 (Link to this contribution)
My Lords, Amendment 59 picks up any remaining issues in Clause 13. It is, effectively, a stand-part ...
Baroness Andrews | 709 c203 (Link to this contribution)
Amendment 58
58: Clause 13, page 8, line 20, leave out subsection (3)
Amendment 58 agreed.
Lord Tope | 709 c206 (Link to this contribution)
Amendment 63
63: Clause 14, page 9, line 10, leave out subsection (6)
Baroness Andrews | 709 c206 (Link to this contribution)
Clause 14: Requirement to take steps
Amendments 60 and 61
60: Clause 14, page 8, line 24, leave ou...
Lord Greaves | 709 c205-6 (Link to this contribution)
My Lords, I am grateful for that reply, to which I shall come in a minute. The noble Lord, Lord Grah...
Baroness Andrews | 709 c205 (Link to this contribution)
My Lords, I shall answer the specific points raised very briefly, but I am happy to write to noble L...
Baroness Andrews | 709 c203 (Link to this contribution)
Clause 13: Requirement to acknowledge valid petitions
Amendment 54
54: Clause 13, page 8, line 12,...
Lord Tope | 709 c206 (Link to this contribution)
My Lords, Amendment 62—
Baroness Maddock | 709 c154 (Link to this contribution)
My Lords, I associate myself with these amendments and support them. I should declare an interest as...
Baroness Warsi | 709 c154-5 (Link to this contribution)
My Lords, I supported the noble Lord, Lord Low, when he moved similar amendments in Grand Committee,...
Lord Low of Dalston | 709 c152-3 (Link to this contribution)
My Lords, noble Lords will recall that I moved the amendments in this group in Committee. I bring th...
Baroness Wilkins | 709 c153-4 (Link to this contribution)
My Lords, I apologise for the fact that I have not spoken previously on this Bill, but, with the lea...
Lord Patel of Bradford | 709 c155-8 (Link to this contribution)
My Lords, before I address this group of amendments, I put on record the recognition for the amount ...
Baroness Warsi | 709 c152 (Link to this contribution)
My Lords, I thank the Minister for her detailed response. I continue to have some concerns about the...
Lord Low of Dalston | 709 c152 (Link to this contribution)
Amendment 4
4: Clause 1, page 2, line 7, at end insert—
"( ) The duty under subsection (1) includes...
Lord Greaves | 709 c149 (Link to this contribution)
Yes, my Lords, I am standing in for him, and he is standing in for my noble friend, Lady Hamwee. I s...
Lord Graham of Edmonton | 709 c142-3 (Link to this contribution)
My Lords, I enjoyed the contribution that we have just heard, which comes from the coal face. The no...
Lord Tope | 709 c147 (Link to this contribution)
My Lords, I thank the Minister for speaking to Amendments 5 and 6, which we welcome. She was right t...
Baroness Warsi | 709 c147 (Link to this contribution)
Amendment 3
3: Clause 1, page 2, line 2, at end insert—
"( ) the democratic arrangements of such co...
Baroness Warsi | 709 c147-8 (Link to this contribution)
My Lords, I shall also speak to Amendment 13. I thank the Minister for her extensive meetings and co...
Lord Greaves | 709 c148 (Link to this contribution)
My Lords, this is the first time I shall have spoken on Report, so I shall declare appropriate inter...
Lord Tope | 709 c139 (Link to this contribution)
Clause 1: Democratic arrangement of principal local authorities
Amendment 1
1: Clause 1, page 1, l...
Lord Tope | 709 c139-42 (Link to this contribution)
My Lords, I move Amendment 1 and will speak to Amendments 2, 7, 14 and 16. I again declare my intere...
Lord Patel of Bradford | 709 c174 (Link to this contribution)
My Lords, the noble Lord raises important questions and points of detail. Some elements of this will...
Baroness Warsi | 709 c172-3 (Link to this contribution)
My Lords, the Minister might have been surprised when he saw that my noble friend Lord Hanningfield ...
Lord Greaves | 709 c173-4 (Link to this contribution)
My Lords, I, too, welcome these amendments. I welcome the Minister’s speech a great deal more than h...
Lord Patel of Bradford | 709 c170 (Link to this contribution)
Amendment 21
21: Clause 5, page 5, line 22, at end insert—
"(za) the county council must, at least ...
Lord Patel of Bradford | 709 c171-2 (Link to this contribution)
My Lords, I shall speak to government Amendments 21 to 23. First, I welcome the support of the noble...
Baroness Andrews | 709 c170 (Link to this contribution)
My Lords, I want to correct that impression, if I have given it. The noble Lord is quite right; I wo...
Lord Tope | 709 c170 (Link to this contribution)
My Lords, I am grateful for that. We all agree that that is not a path down which local authorities ...
Baroness Andrews | 709 c167-9 (Link to this contribution)
My Lords, when the noble Lord, Lord Tope, began his speech, I thought that I had persuaded him. He b...
Lord Tope | 709 c170 (Link to this contribution)
My Lords, I am grateful to the Minister for her reply. Let me start by making it clear that I was ce...
Lord Hanningfield | 709 c167 (Link to this contribution)
My Lords, my noble friend Lady Warsi and I have added our names to Amendments 15 and 17. I declare m...
Lord Greaves | 709 c163-5 (Link to this contribution)
My Lords, I am very tempted to call a vote after that. With great respect to the Minister, he did no...
Baroness Andrews | 709 c165 (Link to this contribution)
Amendments 11 and 12
11: Clause 2, page 3, line 6, at end insert—
"(aa) a parish meeting;"
12: Cl...
Lord Tope | 709 c166 (Link to this contribution)
Amendment 15
15: Clause 3, leave out Clause 3
Lord Tope | 709 c166-7 (Link to this contribution)
I shall speak also to Amendments 17 to 20, 24 and 25. We return to an issue that was subject to some...
Lord Greaves | 709 c159 (Link to this contribution)
Amendment 9
9: Clause 2, page 2, line 37, leave out "in the principal local authority’s area" and i...
Lord Greaves | 709 c159-60 (Link to this contribution)
My Lords, with the leave of the House, I shall move Amendment 9, which is in the name of my noble fr...
Lord Graham of Edmonton | 709 c160-1 (Link to this contribution)
My Lords, as the noble Lord, Lord Greaves, will remember, we had a canter over this course in Commit...
Lord Patel of Bradford | 709 c161-3 (Link to this contribution)
My Lords, I apologise to the noble Lord, Lord Graham, that my noble friend is not answering the ques...
Lord Low of Dalston | 709 c158-9 (Link to this contribution)
My Lords, the Minister has gone a long way to reassure us, and has shown by his reply that he is ver...
Baroness Andrews | 709 c159 (Link to this contribution)
Amendments 5 and 6
5: Clause 1, page 2, line 15, after "arrangements"" insert ", in relation to any...
Baroness Andrews | 709 c183 (Link to this contribution)
Clause 11: Petition schemes
Amendment 31
31: Clause 11, page 7, line 9, leave out "valid petitions...
Lord Greaves | 709 c181-3 (Link to this contribution)
My Lords, there are degrees of opposition: some things are absolutely crazy and can get me going, su...
Baroness Andrews | 709 c181 (Link to this contribution)
My Lords, I am grateful for the noble Baroness’s intervention. I welcome her support and that of my ...
Baroness Warsi | 709 c180-1 (Link to this contribution)
My Lords, unfortunately, I do not support the noble Lord, Lord Greaves, in seeking to leave out Clau...
Lord Tope | 709 c189 (Link to this contribution)
Amendment 37
37: Clause 11, page 7, line 22, after "with" insert "the statutory provisions of"
Lord Greaves | 709 c187-9 (Link to this contribution)
My Lords, other than referring to two things the noble Baroness said in moving these amendments, I a...
Baroness Warsi | 709 c187 (Link to this contribution)
My Lords, I thank the Minister for tabling these amendments. My noble friend Lord Hanningfield and I...
Baroness Andrews | 709 c183-7 (Link to this contribution)
My Lords, this group of amendments is significant with regard to the debates we had in Committee abo...
Lord Tope | 709 c189 (Link to this contribution)
My Lords, I shall speak to Amendment 39 as well. The Minister has been clear throughout in recognisi...
Lord Graham of Edmonton | 709 c180 (Link to this contribution)
My Lords, I am puzzled by the attitude of the noble Lord, Lord Greaves, although I know where he is ...
Lord Patel of Bradford | 709 c175 (Link to this contribution)
Amendment 22
22: Clause 5, page 5, line 23, leave out ", at least once a year,"
Amendment 22 agree...
Baroness Andrews | 709 c175 (Link to this contribution)
Amendment 23
23: Clause 5, page 5, line 24, leave out from second "council" to end of line 27 and i...
Baroness Harris of Richmond | 709 c175 (Link to this contribution)
My Lords, if Amendment 23 is agreed to, I cannot call Amendment 24 by reason of pre-emption.
Lord Tope | 709 c175-6 (Link to this contribution)
My Lords, I shall also speak to Amendments 28 and 29. Noble Lords will have noticed that these amend...
Lord Tope | 709 c175 (Link to this contribution)
Amendment 27
27: After Clause 7, insert the following new Clause—
"Eligibility for membership: poli...
Lord Tope | 709 c178 (Link to this contribution)
My Lords, I am grateful to the Minister and I certainly take her response in good part. My understan...
Baroness Andrews | 709 c176-8 (Link to this contribution)
My Lords, Amendment 27 would remove the link between the salary level and the designation of a local...
Lord Greaves | 709 c179-80 (Link to this contribution)
My Lords, this amendment would leave out Clause 10, which refers to electronic petitions. I suppose ...
Lord Greaves | 709 c179 (Link to this contribution)
Clause 10: Electronic petitions
Amendment 30
30: Clause 10, leave out Clause 10
Baroness Andrews | 709 c189-91 (Link to this contribution)
My Lords, we debated this a little in Grand Committee and I am happy to try to reassure noble Lords ...
Lord Greaves | 709 c203 (Link to this contribution)
Amendment 59
59: Clause 13, leave out Clause 13
Baroness Andrews | 709 c143-6 (Link to this contribution)
My Lords, I thank the noble Lord, Lord Tope, for the gracious way in which he introduced this first ...
Lord Greaves | 709 c175 (Link to this contribution)
My Lords, I thank the Minister for that. If that information could be given before the deadline for ...
Lord Tope | 709 c216 (Link to this contribution)
No, my Lords, I am dealing with the business that has been called—Amendment 82. That is what I am go...
Lord Best | 709 c212 (Link to this contribution)
Amendment 71
71: Clause 16, page 10, line 23, after "authority" insert "or relevant person from any...
Baroness Andrews | 709 c208-9 (Link to this contribution)
My Lords, I absolutely appreciate that the noble Lord is trying to be helpful by tabling Amendment 6...
Baroness Andrews | 709 c149-52 (Link to this contribution)
My Lords, I am very grateful to the noble Baroness for the way in which she opened the debate on her...
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