My Lords, I rise to support the noble Lord, Lord Avebury, and I will not repeat the evidence that he has put before the Committee. It has been argued by DCLG that, left unchallenged, the High Court ruling would prevent local councillors from, for instance, laying a wreath at a Remembrance Sunday event. At Second Reading, the noble Lord, Lord Cormack, even suggested that the Bill was necessary to allow councils to close roads so that people attending such ceremonies could do so safely. The High Court ruling simply clarified that local authorities have no power to hold prayers as part of their formal proceedings or to summon councillors to such a meeting and therefore Section 111(1) of the Local Government Act 1972 would apply. It states:
“Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing … which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions”.
I therefore support the amendment.