Localism Bill

Nigel Evans Excerpts

Tuesday 17th May 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Andrew Stunell)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 8—Sunday trading hours - power to amend or repeal—

‘Notwithstanding any existing statutory provisions, a local authority may, for its area, impose its own regulations on Sunday opening hours for retail outlets that currently have a restriction in place to either—

(a) reduce the existing hours, or

(b) extend the existing hours.’.

New clause 10—Recall elections—

‘(1) If 25% or more of the registered voters in the constituency of an elected local government member sign a relevant recall petition then a recall election must be held on the same date as the next election (whether or not a local election) to be held in the constituency of the elected government member, provided that that election is not less than 12 weeks after the threshold has been reached.

(2) In order for a recall petition to be relevant the appropriate returning officer must be satisfied that—

(a) the petition has been submitted in accordance with the rules provided for in subsection (3) and;

(b) there is evidence contained in the petition that the elected local government member has—

(i) acted in a way which is financially dishonest or disreputable,

(ii) intentionally misled the body to which he or she was elected,

(iii) broken any promises made by him or her in an election address,

(iv) behaved in a way that is likely to bring his or her office into disrepute, or

(v) lost the confidence of his or her electorate.

(3) The Secretary of State must lay regulations before Parliament within six months of the passing of this Act setting out—

(a) how notice of intent to petition for recall is to be given,

(b) how “registered voters” are to be defined for different types of constituency,

(c) the definition of “appropriate returning officer”,

(d) the ways in which registered voters can sign a recall petition,

(e) the ways in which signatures to such petitions will be verified,

(f) entitlement to vote in, and the conduct of, the recall election,

(g) rules on any other related matters as considered necessary by the Secretary of State, and

(h) consequential, saving, transitory or transitional provision (including amendments to existing statutory provision, whenever passed or made).

(4) The Secretary of State must issue guidance to returning officers on how to make assessments under subsection (2)(b) within six months of the passing of this Act.

(5) The question that is to appear on the ballot papers in a recall election is “Should [name of elected local government member] be recalled from [name of body or office]?”.

(6) If at a recall election more votes are cast in favour of the answer “Yes” than in favour of the answer “No”, then—

(a) if the elected representative has been elected under a first past the post or alternative vote electoral system, he or she is recalled and a by-election must be held within three months in which the recalled candidate may stand, or

(b) if the elected representative has been elected under a system of proportional representation, the next candidate on the relevant party list shall take the seat.

(7) In this section “elected local government member” means any person elected to the Greater London Authority, a county council in England, district council, or London borough council, including an elected mayor of the council; and the Mayor of London.

(8) Regulations under this section may not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(9) Subsections (1) and (2) come into force six months after the day on which the regulations under subsection (3) are made.’.

New clause 27—Low pay policy statements—

‘(1) The Secretary of State must by regulations made by statutory instrument require relevant authorities to prepare a pay policy statement for lower paid staff within six months of this Act coming into force.

(2) In this section “lower paid staff” means—

(a) the lowest paid member of staff, and

(b) any member of staff paid less than 20 per cent. above the amount paid to the lowest paid member of staff.’.

New clause 28—Local authority contractor pay policy statements—

‘(1) The Secretary of State must by regulations made by statutory instrument require relevant authorities to prepare a pay policy statement for the highest paid staff and the lower paid staff of local authority contractors within six months of this Act coming into force.

(2) In this section—

(a) “local authority contractors” means a company or organisation (a “contractor”) that supplies services or executes works for the relevant authorities to the value of more than £250,000 in any financial year;

(b) “lower paid staff” means—

(i) the lowest paid member of staff, and

(ii) any member of staff paid less than 20 per cent. above the amount paid to the lowest paid member of staff,

(c) “highest paid staff” means the highest paid member of staff by remuneration, which shall include payments made by the contractor to the member of staff in connection with that staff’s employment, any relevant bonuses and benefits in kind.’.

Amendment 37, page 4, line 22, clause 5, at end insert—

‘(6A) The power under subsection (1) or (2) may not be exercised to amend, repeal, revoke or disapply—

(a) this Part of this Act,

(b) Public Libraries and Museums Act 1964 section 7 or section 13,

(c) Small Holdings and Allotments Act 1908 section 23,

(d) Children Act 1989 Part 3 and Schedule 2,

(e) Childcare Act 2006, Parts 1 and 2,

(f) Child Poverty Act 2010 Part 2,

(g) Equality Act 2010, section 88,

(h) Equality Act 2010, section 149,

(i) Care Standards Act 2000,

(j) Chronically Sick and Disabled Persons Act 1970 section 21,

(k) Transport Act 2000 section 145A,

(l) Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000,

(m) Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007,

(n) Disabled Persons (Badges for Motor Vehicles) (England) (Amendment No. 2) Regulations 2007,

(o) Carers and Disabled Children Act 2000,

(p) Carers (Recognition and Services) Act 1995,

(q) Disabled Persons (Services, Consultation and Representation) Act 1986,

(r) Mental Health Act 1983 Part 8,

(s) Community Care, Services for Carers and Children Services (Direct Payments) England Regulations 2009,

(t) Public Health Act 1875,

(u) Public Health Act 1936,

(v) Commons Act 2006,

(w) Countryside and Rights of Way Act 2000,

(x) Natural Environment and Rural Communities Act 2006 section 40,

(y) Wildlife and Countryside Act 1981 section 25 or section 28E,

(z) Environment Act 1995 Part 4,

(z1) Dangerous Wild Animals Act 1976,

(z2) Prevention of Damage by Pests Act 1949,

(z3) Hedgerow Regulations 1997,

(z4) Planning (Listed Building and Conservation Areas) Act 1990 section 66 or section 72,

(z5) Ancient Monument and Archaeological Areas Act 1979 sections 12 and 13,

(z6) National Parks and Access to the Countryside Act 1949,

(z7) Animal Welfare Act 2006 section 30,

(z8) Zoo Licensing Act 1981,

(z9) Marine and Coastal Access Act 2009 Part 6,

(z10) Flood and Water Management Act 2010 Schedule 3,

(z11) Working Time Regulations 1998 Regulation 28,

(z12) Education Act 1996 section 15ZA,

(z13) Food Safety Act 1990 Parts 1, 2 and 3,

(z14) Freedom of Information Act 2000,

(z15) Housing Grants, Construction and Regeneration Act 1996 section 1,

(z16) Housing Act 1996 Part 7,

(z17) Homelessness Act 2002,

(z18) Housing Act 2004 Part 2,

(z19) Local Government Act 1972 Part VA, section 99 or section 148,

(z20) Local Government Act 2000 Part 3 section 21 or section 37,

(z21) Children and Young Persons Act 1969 Part 1, or

(z22) Adoption and Children Act 2002.’.

Government amendments 44 to 50.

Amendment 36, page 5, line 32, clause 7, at end insert—

‘subject to the exceptions specified in section 5 (6A)’.

Government amendments 51 to 98.

Amendment 42, page 193, line 27, schedule 2, leave out from beginning to end of line 39 on page 195.

Amendment 43, page 198, leave out lines 4 to 25.

Amendment 2, page 199, leave out lines 30 to 43 and insert—

‘The elected mayor is to be returned under the simple majority system.’.

Amendment 3, page 200, line 6, leave out from ‘one’ to second ‘vote’ in line 7.

Amendment 38, page 205, leave out lines 29 to 31.

Amendment 1, page 208, line 48, leave out ‘5’ and insert ‘2.5’.

Amendment 39, page 209, leave out lines 3 to 25.

Amendment 40, page 209, leave out lines 26 to 47.

Amendment 41, page 211, line 18, leave out from beginning to end of line 31 on page 213.

Amendment 15, page 213, line 40, at end insert—

‘9OZA Elected Mayors and Reduction of Councillors

(1) Where a local authority has an elected mayor, that local authority must reduce within four years of the election of the Mayor the number of local councillors to one-third of pre-mayoral levels.

(2) These provisions will apply retrospectively to local authorities which already have an elected mayor and the reduction in councillors must take place within four years of this legislation taking effect.’.

Amendment 4, page 215, leave out line 17.

Amendment 5, page 215, leave out lines 34 and 35.

Government amendments 99 to 129.

Amendment 365, page 15, line 44, clause 16, leave out ‘may’ and insert ‘must’.

Amendment 366, page 16, line 4, leave out paragraph (c).

Government amendments 130 and 131.

Amendment 367, page 16, line 31, clause 17, leave out ‘may’ and insert ‘must’.

Amendment 302, page 18, line 28, clause 21, leave out ‘senior’.

Amendment 303, page 18, line 30, leave out ‘A senior’ and insert ‘Subject to subsection (2)(b), a,’.

Amendment 304, page 18, line 31, leave out ‘its chief officers’ and insert—

‘(a) its chief officers and its lower paid staff; and

(b) the chief officers and the lower paid staff for each employer of indirectly employed staff, subject to paragraph (c);

(c) nothing in this Chapter shall be taken as requiring the publication of a pay policy statement where:

(i) it relates to indirectly employed staff; and

(ii) the aggregate value of all funding received by the indirect employer of the staff from a relevant authority does not exceed £250,00 in any financial year.’.

Amendment 305, page 18, line 41, at end insert

‘and the lower paid staff

(h) the total level of remuneration of the highest paid chief officer (A);

(i) the total level of remuneration of the lowest paid member of staff (B);

(j) the total number of staff being paid the amount set out in paragraph (3)(i);

(k) the number of staff paid less than 10 per cent. above the amount set out in paragraph (3)(i);

(l) the number of staff paid less than 20 per cent. above the amount set out in paragraph (3)(i);

(m) the highest paid chief officer’s remuneration as a multiple of the lowest paid member of staff’s remuneration using the formulation A/B;

(n) the pay multiple to be maintained as set out in paragraph (3)(m).’.

Amendment 306, page 19, line 1, leave out ‘senior’.

Amendment 307, page 19, line 3, at end insert ‘and lower paid staff’.

Amendment 308, page 19, line 5, leave out ‘senior’.

Amendment 309, page 19, line 11, leave out ‘senior’.

Amendment 310, page 19, line 13, leave out ‘senior’.

Amendment 311, page 19, line 16, at end insert—

‘(6) Where any of the posts to be included in the pay policy statement are not full-time, the information given in the pay policy statement must be expressed as a full-time equivalent.’.

Amendment 312, page 19, line 29, clause 24, at end insert—

‘or its lower paid staff.’.

Amendment 313, page 19, line 30, leave out ‘senior’.

Amendment 373, page 19, line 39, leave out ‘senior’.

Amendment 314, page 20, line 35, clause 26, at end insert—

‘(g) any employee of the relevant authority whose remuneration exceeds that of any chief officer as defined in this section.’.

Amendment 315, page 20, line 35, at end insert—

‘(2A) In this Chapter “lower paid staff’, means each of the following—

(a) the lowest paid member of staff,

(b) staff paid less than 20 per cent. above the amount paid to the lowest paid member of staff.

(2B) In this Chapter “staff” means any staff whether directly or indirectly employed by a relevant authority and who are not chief officers.

(2C) In this Chapter “indirectly employed” means staff employed other than by a relevant authority to undertake work for a relevant authority and which is funded by that authority. Any reference to indirect employment, indirect employer or indirectly employed staff, shall be construed accordingly.

(2D) In this Chapter the provisions of section 231 (associated employers) of the Employment Rights Act 1996 shall apply to indirect employment arrangements.’.

Amendment 316, page 20, line 36, after ‘officer’, insert—

‘, or lowest paid member of staff’.

Amendment 317, page 20, line 38, after ‘officer’s’, insert—

‘, or lowest paid member of staff’s’.

Amendment 318, page 20, line 40, after ‘officer’, insert—

‘, or lowest paid member of staff’.

Amendment 319, page 20, line 41, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 320, page 20, line 43, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 283, page 20, line 44, leave out ‘is’ and insert—

‘or lowest paid member of staff is’.

Amendment 284, page 20, line 45, after ‘officer’s’, insert—

‘or lowest paid member of staff’s’.

Amendment 285, page 21, line 1, after ‘officer’s’, insert—

‘or lowest paid member of staff’s’.

Amendment 286, page 21, line 4, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 287, page 21, line 5, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 288, page 21, line 7, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 289, page 21, line 8, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 290, page 21, line 11, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 291, page 21, line 13, after ‘officer’, insert—

‘or lowest paid member of staff’.

Amendment 292, page 21, line 15, after ‘officers’, insert—

‘or lowest paid members of staff’.

Government new clause 13—Further warning notices.

Government new clause 14—Further EU financial sanction notices.

Amendment 353, page 22, line 1, leave out clause 30.

Government amendments 132 and 133.

Amendment 354, page 22, line 28, leave out clause 31.

Government amendments 134 and 135.

Amendment 355, page 23, line 41, leave out clause 32.

Government amendments 136 to 138.

Amendment 356, page 24, line 23, leave out clause 33.

Government amendments 139 and 140.

Amendment 357, page 24, line 38, leave out clause 34.

Government amendments 141 to 143, 183, 211, 216 and 217.

Government new clause 22—Pre-commencement consultation.

Government amendment 266.

[Andrew Stunell]

New clause 12 refines one of the central elements of the Bill—the general power of competence. I shall say more about that shortly and also address the other new clauses and amendments in this excessively long group.

The Government are committed to the radical decentralisation of power and control from Whitehall and Westminster to local government, local communities and individuals. We are pushing power back down to the lowest possible level, and this Bill is about shaking up the balance of power and revitalising democracy. It will give power to councils, communities, voluntary groups and the people, giving local authorities the power to take decisions that are right for their areas, and giving to local people the power to influence those decisions.

This Government trust local authorities to know what is best for their areas, we trust local councillors to know what they are doing and we are freeing up local government from the shackles of central Government. The Localism Bill does just what it says on the label.