Clause 6
Local Democracy, Economic Developmentand Construction Bill [Lords]
5:00 pm

Paul Goodman (Shadow Minister, Communities and Local Government; Wycombe, Conservative)
A moment ago, Mr. Amess, you may have heard one of the Ministers on the Front Bench mutter, Are they going to vote against every clause of the Bill? [Interruption.] The answer, of course, is, Wait and see. However, this is one of the more innocuous clauses, or would be were it not for the words
the discharge of their duties under this Chapter,
so many of which we think unnecessary for the reasons we have advanced. However, we are inclined to let it go.
Perhaps more constructively, from the Ministers point of view I do not think that there can be any reason in principle to oppose issuing guidance on promoting understanding, although some people might argue that it is somewhat heavy-handed. I would be grateful if she said a few more words about what the consultation under the clause will consist of and when she expects guidance to be issued.
I know that we have had a letter on that point from the right hon. Member for Wentworth (John Healey), who is now Minister for Housing, but frankly, it came rather late. A brief exposition from the Minister on the subject of guidance would be helpful for those following the proceedings of this wretched Bill.

Dan Rogerson (North Cornwall, Liberal Democrat)
I quite agree with the hon. Gentleman that guidance is what it should be all about. Therefore, we would be happy if not for the fact that the sensible proposition that Government might issue guidance to local authorities on how to promote public involvement in democracy in their areas is, sadly, nestling within a nest of other proposals imposing duties on local authorities.
For all the reasons that we have outlined in our discussions on previous clauses, which I will not revisit, we do not believe that imposing a duty is a sensible way to proceed. Therefore, regretfully, we disagree yet again with the measures proposed in the clause.

Rosie Winterton (Minister of State (Pensions Reform; Minister for Yorkshire and Humber), Department for Work and Pensions; Doncaster Central, Labour)
On when the guidance will be published, we will obviously undertake consultation with relevant bodies, principally local government representatives such as the Local Government Association family, those representing the parish sector and the connected authorities, and representatives of those carrying out the roles covered in clauses 3 and 4.
We would very much like to take into account the views of community sector, for example, as well as those of the Equality and Human Rights Commission, the Office for Disability Issues and the Government Equalities Office. Again, it is important that we take into account, as we have during discussions on the Bill, the views of the Committee and any relevant amendments, so it is obviously wise to wait until Royal Assent before publishing final guidance. It is important to have that guidance and consult widely on it.

Julia Goldsworthy (Falmouth and Camborne, Liberal Democrat)
I can understand why it would not be appropriate to publish final guidance until the Bill has become an Act and is on the statute book, but I cannot understand why draft guidance, or even the terms of the consultation, might not be available. Surely that would have aided our understanding of exactly how the Government intend local councils to deliver on the responsibilities being imposed on them through the Bill.

Rosie Winterton (Minister of State (Pensions Reform; Minister for Yorkshire and Humber), Department for Work and Pensions; Doncaster Central, Labour)
Let me try to be helpful and assure the hon. Lady that the guidance will include topics such as how the duties relating to the promotion of democracy link to other legislation. There will be guidance on what we mean by the various types of information that should be made available and what is meant by promoting understanding. Those are all issues that have rightly been raised by the Committee.
There will be guidance on what is meant by how to become a councillor, the limits of what a council should do in attracting people to stand, what constitutes support for a councillor, which bodies are involved under clauses 2, 3 and 4, and what minimum information should be covered. There will be an explanation of the power to amend the list of authorities.

Barry Gardiner (Brent North, Labour)
Does my right hon. Friend share my incredulity at the fact that only a few hours ago, during our morning sitting, Opposition Members were asking fornay, insisting uponthe Minister giving guidance on precisely which commuter would get which piece of information from which local authority, while they now appear to be about to vote against a clause that lays an obligation on the Government to give it?

Rosie Winterton (Minister of State (Pensions Reform; Minister for Yorkshire and Humber), Department for Work and Pensions; Doncaster Central, Labour)
I could not have put it better myself. My hon. Friend is right. This is meant to be a helpful clause that makes it clear that we will issue guidance without being prescriptive. I see no reason whatever for the Opposition to vote against this helpful clause.
Division number 6 - 9 yes, 6 no
Voting yes: Rosie Cooper, Clive Efford, Barry Gardiner, John Heppell, Sarah McCarthy-Fry, Nick Raynsford, Ian Stewart, Dave Watts, Rosie Winterton
Voting no: Philip Dunne, Julia Goldsworthy, Paul Goodman, Stewart Jackson, Peter Lilley, Daniel Rogerson
