Local Government and Public Involvement in Health Bill

Part of the debate – in the House of Lords at 3:19 pm on 15 October 2007.

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Photo of Baroness Hamwee Baroness Hamwee Spokesperson in the Lords (Regional and Local Government), Department for Communities and Local Government 3:19, 15 October 2007

My Lords, my noble friend Lady Scott will speak to Amendment No. 192.

Amendment No. 191 relates to the right of a councillor to make oral and not only written representations to an overview and scrutiny committee. My noble friend Lord Greaves raised the matter at the previous stage of the Bill and, like him, I found it, and still find it, odd that we need the new Section 21A at all. It is difficult to imagine that authorities operate in such a manner that there are restrictions on individual members who could not, without the benefit of this new section, raise matters. But if there are such restrictions, it is right that we should consider how a reference by an individual member to an overview and scrutiny committee might be dealt with.

In Committee, the Minister said:

"How to approach it"— that is the reference to overview and scrutiny—

"is best left to the discretion of the member and the committee".—[Hansard, 17/7/07; col. 210.]

In fact, the new provision leaves it to the committee. I assume that the committee sets its own procedure. If it is not left to the committee, then it is left to the authority as a whole. But it does not leave it to the member in question, and that is my point. My instincts are that authorities should set their own procedures, but if it is necessary for primary legislation to provide for the reference to overview and scrutiny we should consider the mechanisms as well.

I am surprised that a member might be required to confine himself to written representations. My noble friend Lord Greaves asked the Minister to consider the guidance that might back up this new section and, particularly, to make clear that what is in the Bill is a minimum provision. He made that point just before he withdrew his amendment and so the Minister did not have an opportunity to answer. I hope that the amendment will give the Government a chance to commit to considering whether this is a point for guidance. I beg to move.