Clause 53 - Power of veto

Local Government Bill

Public Bill Committees, 6 February 2003, 11:15 am

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

I beg to move amendment No. 153, in clause 53, page 22, line 8, leave out from 'proposals' to end of line 9.

Photo of Mr Win Griffiths

Mr Win Griffiths (Bridgend, Labour)

With this it will be convenient to take the following amendments:

No. 76, in

clause 53, page 22, line 9, at end insert—

'(2A) In deciding whether to exercise the veto a billing authority must have regard to—

(a) the identification of the classes of owners of superior property interests proposed to be charged,

(b) any classes of owners of superior property interests who are not proposed to be charged,

(c) the allocated proportion proposed to be charged to each owner of a superior property interest, and

(d) the proposed arrangements for the management of the BID including the representation of owners of superior property interests in the management arrangements

and shall exercise the veto unless it is satisfied that the proposed BID arrangements are fair and equitable in relation to the manner in which the projects specified will be financed and shall have regard to any Codes of Practice issued by the Secretary of State.'.

No. 77, in

clause 53, page 22, line 11, after 'such', insert 'additional'.

No. 152,

in clause 53, page 22, line 12, after 'notice', insert—

'no later than 3 months from the date of the ballot'.

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

Until I looked at the clock just now, I had no idea how quickly time had passed this morning.

Photo of Mr David Curry

Mr David Curry (Skipton & Ripon, Conservative)

How time flies when you are enjoying yourself.

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

My right hon. Friend takes the words out of my mouth. When I was burning considerable amounts of the midnight oil last night, I did not think that I would enjoy myself this morning, because I envisaged a turgid debate on non-domestic rates. Unfortunately, we shall have that debate this afternoon. At least the evil hour was postponed.

We should try to dispose of BIDs this morning, if we possibly can. I intend to deal with this important group of amendments quickly, but it is necessary to probe the Government's intentions on clause 53, which is a nuclear option.

The primary legislation must stipulate a time limit within which a billing authority must decide whether it will veto a proposal. There should be certainty in that respect. Businesses and local authorities may invest significant time and effort in devising a BID proposal, so the Government must insist on a time limit for implementing a BID proposal. That can be assured only through the establishment of a statutory time frame.

Photo of Mr Andrew Turner

Mr Andrew Turner (Isle of Wight, Conservative)

As the local authority is likely to be closely involved and certainly should be able to discover the content of a BID proposal immediately before it is circulated for a ballot, and as it is impossible to change the proposal after it has been approved by a ballot, would my hon. Friend care to speculate on why the Minister has not permitted the local authority to veto the bid before the expense of a ballot is incurred?

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

My hon. Friend makes a very good point. That is precisely the purpose of the amendments. If our amendments were to be carried, thus providing democratic legitimacy of the ballot, and more than 25 per cent. were to vote in favour of the proposal, many local people would be very aggrieved if, having gone to all the expense and trouble, the local authority then came along and vetoed the ballot. That is why I want to know under which circumstances the nuclear option will be used. I hope that I have answered my hon. Friend's point.

There are other matters on which I wish to question the Minister. The hon. Member for Kingston and Surbiton said in a contribution some time ago that only ratepayers should be on the list for the ballot—I believe that that is what he said. However, there are many exceptions to that rule. For example, certain public bodies do not pay rates.

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

I am not sure whether the Queen counts as a public body.

Photo of Mr Win Griffiths

Mr Win Griffiths (Bridgend, Labour)

We certainly do not debate the Queen's financial affairs here.

Photo of Mr Geoffrey Clifton-Brown

Mr Geoffrey Clifton-Brown (Cotswold, Conservative)

Public bodies such as schools do not pay rates.

It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.

Adjourned till this day at half-past Two o'clock.