Clause 63
Local Government and Public Involvement in Health Bill
10:00 am
Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
I thank the hon. Gentlemen for their comments. The clause allows local authorities to review existing parishes, and they could recommend the abolition or alteration of existing parishes following that review. There is some political debate on this. Currently Portsmouth is trying to abolish Southsea town council, which is controlled by the Conservatives, and Portsmouth town council, which is controlled by the Liberal Democrats. [ Interruption. ] I do not want to intrude on the private grief of Opposition Members. Perhaps they will want to talk about it later.
The Bill is about trust and devolution—it is about local authorities making decisions. If the Secretary of State does not have the powers to call in decisions or there is no appeal to the Secretary of State, it is a matter for local authorities to decide. I am a bit surprised by the hon. Gentlemen’s reluctance to accept the devolutionary thrust of the Bill. Local authorities will have to consult. The Government will set out a framework that will ensure that local people are consulted, that any representations are taken into account and that the outcome of the review must be open and transparent. There will be statutory guidance for local authorities carrying out reviews.
Local authorities will have to base their decisions on certain criteria. They will have to take into account the identities of local communities and community cohesion across the proposed area—the point raised by the hon. Member for Bromley and Chislehurst. When considering whether to create or to abolish a parish council they will also have to take into account the body’s ability to provide effective and good local governance. The right of appeal in such matters would be the legal right to have a judicial review.