Localism Bill

Chris Leslie Excerpts

Monday 17th January 2011 Commons Chamber

[Mr Pickles]

The cabinet system has many advantages, but it means that a number of councillors are denied the opportunity to be involved. We do not take a strong view on that matter, but the Bill will enable councils to go back to the committee system if they want to do so.

The Bill will give councils the powers and authority that they need. It will be a shot in the arm for local democracy. It will give councils a general power of competence. That is probably the single most important item in the Bill. It will turn convention on its head. It differs from a general power of well-being in one vital respect: instead of local authorities having to find a statute that allows them to act, the fun-loving legal advisers will have to find a statute that prevents them from taking action.

We know that the Labour party considered a general power of competence, so what held them back? Apparently, the right hon. Member for Blackburn (Mr Straw) once argued that councils should not be allowed a general power because it would allow Islington to build a nuclear bomb. He is a much-respected Member of the House and his worries should be taken seriously. I have good news. The residents of Islington and the rest of us can sleep safely in the knowledge that the Radioactive Substances Act 1993, the Nuclear Explosions (Prohibition and Inspections) Act 1998 and the Nuclear Safeguards Act 2000 will prevent Islington council from obtaining weapons of mass destruction. In short, the power of general competence for councils does not simultaneously abolish all other laws of the land.

[Chris Leslie (Nottingham East) (Lab/Co-op)]

The Secretary of State advocated the power of general competence as a means of increasing the freedoms of local authorities. However, clause 5(3) states:

“The Secretary of State may by order make provision preventing local authorities from doing, in exercise of the general power, anything which is specified, or is of a description specified, in the order.”

Does that not completely negate the supposed freedoms?

[Mr Pickles]

I am surprised by the hon. Gentleman’s statement, because he and I have previous. When he was engaged in a respectable profession before returning to this House, I recall him advising me on these issues. His advice was that these things should not be absolute, and that the Secretary of State needs to retain residual powers just in case. He should not castigate me for taking the advice that he gave all those years ago— nice try.