Clause 120
Local Democracy, Economic Development and Construction Bill [Lords]
9:45 am
Julia Goldsworthy (Falmouth and Camborne, Liberal Democrat)
We have had an interesting discussion about what constitutes a local authority. We now move on to discuss what constitutes a partner authority. The amendments, in my name and that of my hon. Friend the Member for North Cornwall, relate to the role of the Secretary of State as a partner authority under subsection (4)(j), and the Secretary of State’s ability to add or remove organisations that may constitute a partner authority under subsection (5). The amendments seek to do two things.
Subsection (4) specifies a number of persons or organisations that are defined as partner authorities under subsection (1), but none of those listed in subsection (4) are directly democratically accountable except the Secretary of State. Subsection (1)(a) clearly states that a partner authority is
“any person...where the whole or any part of the area for which the person acts or is established coincides with or falls within that area”.
However, subsection (4)(j) specifies only limited areas in which the Secretary of State is considered to be a partner authority in relation to multi-area agreements.
Our argument is that if the Secretary of State is to be a partner authority, he or she should be a partner authority in other respects, not only in those limited ones. I realise that it is not the Secretary of State in person, but anyone who represents that office. It would be helpful if the Minister were to clarify the matter, but if the Secretary of State is to be a partner authority it should not be confined or limited as set out in subsection (4).
In subsection (5), we can see that the list in the previous subsection might not be exhaustive, and that there might be some justification for extending it. We are concerned that subsection (5) gives the Secretary of State the power to include or exclude whoever he or she wants, whenever he or she wants. Although it might be appropriate to add bodies, we would not want the Secretary of State to be able to remove bodies just as easily. The two amendments, therefore, would confine and restrict the significant power of the Secretary of State. There is a more level playing field if everyone has equal roles and responsibilities in working together in a multi-area agreement.