Localism Bill — Committee (3rd Day) (Continued)

Part of the debate – in the House of Lords at 6:30 pm on 28 June 2011.

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Photo of Lord Tope Lord Tope Liberal Democrat 6:30, 28 June 2011

Before the noble Lord, Lord Wigley, tell us what he is going to do with his amendment which, as we were reminded just now, is the one we are supposed to be debating, I thank the Minister for his conciliatory response to us tonight and for recognising-indeed, after nearly two hours, he could hardly fail to recognise-that the clauses as drafted are not quite perfection and that more needs to be done. We are, of course, very willing to engage in constructive discussions to try to find a solution and a way through this. I think he will have heard many times during this debate that to have the Secretary of State as prosecutor, judge, jury and executioner is simply not acceptable to your Lordships, and he has made the point that a single unelected arbiter is not acceptable to the Government. Therefore we need to find some solution: an arbitration that is seen to be fair on all sides. That is perhaps where we should concentrate.

As my final word on this subject, I ask the Government to consider seriously the can of worms that others have referred to and which has been spoken of many times in this debate. I suspect that the Government did not fully recognise it when drafting this Bill. Given all the potential difficulties that are implied in all this, should the situation ever arise, is it really worth pursuing Part 2? I think it has been said on all sides of the House that our preference would be not to have Part 2.