Clause 5
Local Government and Public Involvement in Health Bill
4:30 pm

Robert Syms (Shadow Minister (Local Government), Communities and Local Government; Poole, Conservative)

We are about to discuss several interrelated clauses. It would help if the Minister would give an explanation of how he thinks the boundary committee will work under the Bill. We have heard that it will have two essential tasks, the first of which is to deal with the bids that have been submitted should the Secretary of State refer matters to it. The second is to deal with the boundaries of authorities, some of which will not be part of the initial process. Clearly the committee will deal with any further bids that come along.

On the issue of boundary committee referral, the provisions clearly state that there may be a referral by the Secretary of State, but will the Minister say when there would not be a referral to the boundary committee? Probably the only case that I can think of is that of a county becoming a unitary authority, with clear boundaries and clarity on governance and on the number of councillors.

The next provision says that guidance must be given. It would be helpful if the Department’s guidance were published before we reach the end of the Bill. I should also like to know whether the guidance will be general guidance for all situations, or guidance that is specific to a bid, such as if there is a cross-county issue or a particular conglomeration when the Secretary of State will require information on item X or item Y.

Essentially, are we saying that there will be broad-brush guidance, with certain issues that may need to be returned to, or will the guidance be specific to particular proposals? We could have a situation in which the Secretary of State made a referral, and said, “I am interested in this bid, but I want to know X, Y and Z.” She would then give guidance to the boundary committee specifically to research and consider those issues. There is not too much more that I want to mention, but I shall probably have further questions as we examine later clauses.

Phil Woolas (Minister of State (Local Government & Community Cohesion), Department for Communities and Local Government; Oldham East and Saddleworth, Labour)

That was a helpful intervention in allowing me to provide clarification. The answer is that the guidance will be broad-brush.

The clause will apply when the boundary committee receives a request for advice on a proposal. The boundary committee may provide advice. When it does, it may also do one of three things. First, it may recommend that the Secretary of State should implement the received proposal, with or without modification. Secondly, it can recommend that the Secretary of State should not implement the proposal—full stop. Thirdly, it can make an alternative proposal to the Secretary of State.

If the committee makes an alternative proposal, that proposal must deal with the whole or part of the area that the submitting authority or authorities could have included in their original proposal to the Secretary of State. However, unlike proposals submitted by local authorities, the boundary committee’s alternative proposal does not have to follow existing county or district boundaries. So the alternative proposal procedure is the way for the boundary committee to recommend boundary change for the relevant area. I refer the Committee to page six of the explanatory memorandum, which explains the point.

Subsection (6) provides that an alternative proposal from the boundary committee may not cover an area that includes part or all of the City of London or the Temples. Had I not just clarified that point, the power would have existed—so I hope that Members are paying attention. Proposals additionally may not extend to Wales. That might be of wider interest.

The clause allows the boundary committee for England to provide advice to the Secretary of State, make recommendations on received proposals, and make alternative proposals. The Government will be able to refer proposals to the boundary committee only after Royal Assent—if the Bill is approved by the House. We can ask the boundary committee for advice on any matter relating to the proposal, including looking at the electoral arrangements for that proposal. Again, it is an extraordinarily devolutionary and permissive framework that we are trying to create. I hope the Committee will see fit to support the clause.