Clause 58 - Primary and secondary authorities
Clean Neighbourhoods and Environment Bill
3:45 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
I am grateful to the hon. Gentleman for his questions. Perhaps I can explain what the clause does, and then respond.
Clause 58 defines local authorities in England, and county or county boroughs in Wales, as primary authorities, and parish councils and community councils in Wales as secondary authorities. The Secretary of State or the National Assembly for Wales—whichever is appropriate—can also designate other organisations carrying out statutory functions as being secondary authorities. It is important to note that point. Such bodies could include national parks authorities or commons conservators with existing dog byelaw-making powers, for instance, and it provides a comprehensive way of dealing with any issues in terms of what bodies should be able to exercise those powers.
I am not sure that there is an issue in relation to the border any more than arises between the border of one local authority and another—or, indeed, one parish council and another. Clearly, each has powers within its area, and it is sensible, where possible, for organisations that have a common border to talk to each other. I would not be at all surprised, for instance, if a number of parish councils sometimes worked together, took the same approach and jointly employed staff, as is increasingly happening on a number of issues. That ensures that they have both the local sensitivity that arises from having such a local body and gain benefits through working together. The hub-and-spoke model has operated in other places where a larger parish council can work with others, or a town council can work with surrounding parish councils. I envisage a similar degree of co-operation when issues arise on borders between local authorities. The same would apply if the border happened to be not only between an English county and a Welsh unitary authority, but the border between England and Wales. An authority would be responsible for the area of land within its boundaries.