Clause 32
Local Democracy, Economic Development and Construction Bill [Lords]
2:00 pm
Paul Goodman (Shadow Minister, Communities and Local Government; Wycombe, Conservative)
This is a significant clause. Those members of the Committee who do not possess any special expertise in Welsh affairs—of whom I have to confess I am one—may be tempted to let it slip by without debate. However, it is significant and it gives rise to some questions.
The Minister has not risen to speak, so I shall say a word or two about what the clause seems to do. It sets out a series of framework powers which would extend the legislative competence of the Welsh Assembly by inserting some new matters in field 12—the powers that councils in Wales are allowed to exercise. As the briefing from the Assembly says:
“The Local Democracy, Economic Development and Construction Bill is an opportunity for the Assembly Government to seek framework powers that will enable it to bring forward proposals for legislation in respect of governance and overview and scrutiny.”
After all, as the brief also says:
“The Welsh Assembly Government can only go so far within the existing legislative framework.”
So, new powers mean new competencies. The brief sets out what those are:
“In effect, the Welsh Assembly Government wishes the Assembly to have legislative competence in the areas covered by the provisions of Part II of the Local Government Act 2000. This Act introduced different models for executive arrangements, including the Mayor, Cabinet and Leader and Cabinet models. The executive became responsible for most local authority functions, working within a policy framework set by the full council. The 2000 Act also brought about the creation of overview and scrutiny committees”—
which we have just been considering—
“made up of non-executive (‘backbench’) councillors, to scrutinise the work of the executive as well as reviewing policy within and without the council itself as they affected the local area. This legislative competence would enable the Welsh Government to give effect to its policies in this area following consideration of the Beecham Review and the outcome of research commissioned into the role and function of elected members in Welsh local government.”
I think the key question that arises from this, which this Committee ought to consider, and certainly should have an interest in, is what powers the Welsh Assembly Government, or WAG—not to be confused with other WAGs—wish to exercise. I should therefore like to ask some questions about the intentions of the Assembly Government, given—and I would be grateful if the Minister confirmed this—that a Welsh Assembly Government Minister came to brief the House informally on Tuesday on the measures that they wish to pass if the clause is enacted. I am not aware—and I have checked with the other Opposition party and I believe that it also is not aware—of any briefing for this Committee. Will the Minister outline how the process between the Assembly Government and this Parliament is supposed to function and explain why—if I am correct, and I accept that I may have been misinformed—no one from this Committee was made aware of the briefing.
Apparently, the Welsh Assembly Government, the WAG, wish to enact certain powers. They wish to establish
“joint scrutiny committees between neighbouring authorities”,
a matter we have just been considering. Can the Minister confirm that these committees will be made up of elected members only? The Welsh Assembly Government wants to enable co-option of “representatives from third parties” to these scrutiny committees. It looks as if they will not be made up of elected members only, so I may have answered my own question. How does this equate with the principle of accountability, if these rights are handed over to people who are not accountable to anyone? The Welsh Assembly Government have also said that they wish to introduce “a duty to scrutinise” across “the whole public sector”. Would the Minister say more about what that means? Could they, for example, summon any Minister to appear before a local government committee? If so, is there a case to argue that the power has been drawn rather widely?
The Welsh Assembly Government would apparently like to abolish whipping in scrutiny committees, although how that will be achieved is not clear. Perhaps the Minister could provide an explanation. Could the Minister explain what the Welsh Assembly Government intend to do with such powers? If they are devolved in relation to the proposed redesign of political structures, will local councils be, in some way, forced to adopt structures set by the Welsh Assembly Government?
Then there is a desire of the Welsh Assembly Government that is hard to understand. They wish to strengthen
“the role of the citizen through councillor calls for action, by which local communities can combine with their local councillor to ensure a matter is addressed by the local authority”.
I would be grateful if the Minister provided some clarification, and, if she cannot do any of that instantaneously, or if the necessary inspiration does not reach her quickly enough, perhaps she will be able to write. We look forward with interest to hearing what she has to say.