Clause 7
Local Democracy, Economic Developmentand Construction Bill [Lords]
5:00 pm

Paul Goodman (Shadow Minister, Communities and Local Government; Wycombe, Conservative)

I am trying to imagine a situation in which the Opposition or others voted successfully to delete all the rest of the clauses in this chapter but—out of sheer whim, caprice and mischief—decided to leave clause 7 standing just to satisfy Ministers that we were not opposing every clause in the Bill. I think that would be a piece of whim, mischief and caprice too far. For that reason, I see no logical reason why the clause should stand.

Dan Rogerson (North Cornwall, Liberal Democrat)

I am sure that my hon. Friend the Member for St. Ives (Andrew George) would be delighted that we are taking a close interest in matters that affect the Isles of Scilly and the people of the Isles of Scilly. It strikes me that we are talking about potentially applying such duties as may be imposed through guidance to authorities as large as cities and, equally, to a council the size of that for the Isles of Scilly.

My hon. Friend has talked about the number of inspections of local authorities that need to be undertaken in line with statute, and I understand that although things may have been simplified a little, the very same inspections all had to be undertaken of the Isles of Scilly council. That may well have been a popular brief for the civil servants who were required to visit the Isles of Scilly to undertake in-depth evaluation of the council and its discharge of its responsibilities, but it highlights the problem with the provision.

Indeed, my hon. Friend the Member for Falmouth and Camborne and I were discussing earlier—while paying all due attention to the debate as it proceeded, of course—the fact that such an exercise might involve employing just about all the citizens of the Isles of Scilly to discharge such duties as may be imposed on the council by the provision. Although that might be a worthy attempt at job creation in the Isles of Scilly, I suspect it might not be very efficient.

Yet again, we consider the proposals—as set out in previous clauses, as they pertain to the Isles of Scilly—somewhat ill thought out.

Rosie Winterton (Minister of State (Pensions Reform; Minister for Yorkshire and Humber), Department for Work and Pensions; Doncaster Central, Labour)

The order-making power under clause 7 allows the Secretary of State to apply the duties relating to the promotion of democracy to the Isles of Scilly, where local government arrangements are slightly different. It might be necessary for the provisions to be applied with modifications, but it is vital that we include the clause, so that the Isles of Scilly will not be missed out by the duty.

Peter Lilley (Hitchin and Harpenden, Conservative)

May I ask a little more about the phrase “with or without modifications”? I think that the terms are loosely worded and badly drafted, because it is not clear whether the Act can be modified, or whether statutory instruments introduced under the Act can be different from legislation relating to the Isles of Scilly or elsewhere. It has already been said that the statutory instruments can differ between local authorities, and different wording was used. The legislation implies that the Minister is given freedom to mould the Act—the primary legislation—according to her whim and fantasy, to fit the people of the Isles of Scilly. I do not think that those people should be left to the caprice of Ministers. It should be for Parliament to lay down what the primary legislation is, rather than saying that it may or may not be modified.

Rosie Winterton (Minister of State (Pensions Reform; Minister for Yorkshire and Humber), Department for Work and Pensions; Doncaster Central, Labour)

I will not be subjecting the Isles of Scilly to any whims or fancies. The measure is included simply to ensure that the duty is applied properly to the Isles of Scilly.