Clause 27
Local Government and Public Involvement in Health Bill
9:30 am
Alistair Burt (Shadow Minister (Communities and Local Government), Communities and Local Government; North East Bedfordshire, Conservative)
The purpose of the amendment is twofold. First, it would uphold the principle that activity under the legislation should not anticipate its passage by the House. Secondly, it would give a little flexibility to local authorities. During debate on an earlier clause, we discussed what would happen to those authorities that are in the process of disposal as a result of the amalgamation of authorities or a change in the nature of an authority due to the switch from two-tier to unitary authorities.
The clause provides some flexibility for those authorities that might be in the process of negotiating contracts. Notwithstanding the fact that the procedure does not prevent any contracts from being entered into, it does stipulate that consent must be applied for and given by persons specified under the Act. Who knows what negotiations authorities are having about their internal processes? The process of decision making from two-tier to unitary is going to take some months. As we have discussed, the proposed timetable has not given some authorities much chance to prepare for the process, and they could be quite far advanced in negotiations. If they are now required to go through a procedure in which they have to apply for consent, how long will it take for that consent to be given? Have the Government published what protocols have to be observed before consent is given? Is there a time scale for due diligence by the Government or specified persons so that they can look at contracts and see whether they should be allowed permission to proceed? What will be the implications if contracts are not allowed to proceed because the Government take the view that they are inappropriate? What reference criteria will the person specified use to make a decision on whether a contract is appropriate?