Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

I beg to move amendment No. 37, in page 31, line 15, at end insert

'and may include references to standards of performance achieved by similar authorities outside Wales'.

We are going over ground that we may have covered before. The amendment relates to the publication of standards of performance by local authorities. It would enable comparisons to be made between the standards in Welsh authorities and similar authorities elsewhere in the UK, which would give access to more comparative data. The amendment would put such comparators beyond doubt, and I hope that the Minister will accept it.

Mr Don Touhig (Parliamentary Under-Secretary (Wales), Department for Constitutional Affairs; Islwyn, Labour/Co-operative)

After wide-ranging consultation, the Audit Commission concluded that it would not exercise its powers under sections 44 and 46 of the Audit Commission Act 1998 to require the publication of performance indicators, in recognition that it would be best to focus on the development of statutory best-value performance indicators that were set by the National Assembly under the Local Government Act 1999.

The commission has worked with the Assembly in developing a robust performance management framework for best value. The commission retains the power to require publication, however, and will keep the position under review. It is therefore appropriate to retain the powers for the Auditor General in the Bill, so as not to close off future options.

Amendment No. 37 would raise ambiguities concerning what a particular local government body regards as being a similar authority. It could be open to the Auditor General for Wales to publish his own comparisons in the form of section 41 studies, which could include comparative information available on English or other local authorities which, on an objective basis, are considered to have similar profiles. Under section 6 of the Local Government Act 1999, best value authorities must publish an annual performance plan, known in Wales as an improvement plan. The same requirement applies in England. The publication of such plans would allow cross-border comparisons if authorities so chose. For that reason, the amendment would not achieve what the hon. Gentleman intended, and I invite him to withdraw it.

Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

I listened carefully to the Minister, but I am not quite sure that I have got what I was after in this case. Comparisons have been made by reference to the criteria of cost, economy, efficiency and effectiveness. The amendment would add the words:

''and may include references to standards of performance achieved by similar authorities outside Wales.''

I am happy to accept the Minister's criticism that the concept of ''similar authorities'' could cause some difficulty; I have always maintained that my drafting, although well intentioned, is not perfect. However, the purpose behind the amendment is to ensure that people do not invent their own standards. The references to the criteria of cost, economy, effectiveness and efficiency suggest that that is what the Government want: they want proper comparison and standards, and they are right to do so. However, unless comparisons are made outside Wales, the Auditor General's job will be more difficult.

As I said earlier, I believe that the Auditor General will have access to information from the Audit Commission, so it should be possible for him to carry out those comparative studies. I hope that the Minister will tell me that that is what will happen—and once that is on the record, his statement can stand instead of my amendment.

Mr Don Touhig (Parliamentary Under-Secretary (Wales), Department for Constitutional Affairs; Islwyn, Labour/Co-operative)

As I said, it would be open to the Auditor General for Wales to publish his own comparisons, in the form of section 41 studies. That could include the comparative information available on English or other local authorities. I think that that addresses the point made by the hon. Gentleman. The facility is there for the Auditor General to do so, but we do not believe it to be appropriate to accept the amendment, for the reasons that I gave.

Mr Bill Wiggin (Shadow Secretary of State for Wales, Local and Devolved Government Affairs; Leominster, Conservative)

I am grateful to the Minister for his answer. Given that the Auditor General will wish to make comparisons with similar authorities elsewhere, we do not need to press the amendment to a vote. I hope that that is how things will proceed, although there is always the possibility that the Auditor General may choose to do something completely different; he has the flexibility to do so. However, the Minister's criticism of my amendment suggests that it might not address that eventuality, so I beg to ask leave to withdraw it.

Amendment, by leave, withdrawn.

Clause 47 ordered to stand part of the Bill.