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Results 281–300 of 1000 for (in the 'Commons debates' OR in the 'Westminster Hall debates' OR in the 'Lords debates' OR in the 'Northern Ireland Assembly debates') speaker:Paul Clark

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: I beg to move, That the clause be read a Second time.

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: I will deal first with new clause 12. Government policy is to encourage efficient and effective working in the highway, with works properly co-ordinated by the highways authority. Key to that is the need for the authority to be given notice of works on its highways to be carried out by undertakers, whether they are placing, maintaining or removing apparatus in or below the highways or of...

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: I rather think I should. It would be wrong of me not to explain the amendments. The Bill includes a number of powers to make secondary legislation to amend other legislation, including primary legislation where necessary, as a consequence of provisions made either by the Bill or by secondary legislation made by virtue of the Bill. In effect, those powers aid proper implementation of the Bill...

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: No. In other words, any secondary legislation amending legislation under those powers must be directly related to the implementation of provisions contained in the Bill itself. Each of the powers that I have referred to is expressed to include power to amend "any enactment (whenever passed or made)". That wording makes it clear that each power can be used to make consequential and other...

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: En passant, in connection with the amendments, that is one thing that has been reflected on in the House in relation to my discussions about the Bill with Members over the past three weeks. I am more than happy to be able to meet a cross-party delegation to discuss the Humber bridge. I shall return to the point I was making, because I know that hon. Members will want to avoid losing the...

Orders of the Day: New Clause 12 — Street works: reinstatement and remedial works (27 Oct 2008)

Paul Clark: That is one of the intentions and we made it clear that we would want to see it happen. Our purpose is to ensure that we get in place the structures and requirements to deliver decent bus services throughout our towns and cities. Having reviewed the provision further, the Welsh Assembly Government have indicated that they wish to preserve the flexibility for the Welsh Ministers to...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: We have certainly had an interesting discussion about the provisions of integrated transport authorities—those that exist and those that we want local authorities to consider as a way forward. The last comment made by my hon. Friend the Member for Sheffield, Attercliffe (Mr. Betts) was about the representation of districts and counties. He is right that there is a minimum position of there...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: Amendment No. 13 would mean that non-elected members had no voting rights at all under any circumstances. I have already been through that discussion. The hon. Member for Manchester, Withington (Mr. Leech) referred to the fact that individual authorities have not yet asked for non-elected members because they have not yet undertaken a review of their governance arrangements in those areas....

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: My hon. Friend has mentioned other examples of where this happens—for example, police authorities. If the provision is not widespread, that does not mean that it should not apply and that we should not be far-thinking in getting the arrangements for governance of the transport system in our towns and cities that we think are right and will deliver. One reason for giving non-elected members...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: ITAs are responsible to local authorities and, ultimately, to the people whom they serve—the travelling public. I reiterate that this is about making a provision for an ITA to take if it so wishes. If it wants to incorporate and involve non-elected members—for example, representatives from user groups, operators, or other interested bodies that it thinks would add to its...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: That might be a good provision to be incorporated within the constitution of an ITA, but I want to talk further about the question of a review after an election. An amendment was tabled by the hon. Member for Wimbledon to new clause 10 that would require that members were appointed precisely in proportion to their representation. This is an example of where the provision would work exactly as...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: I accept that there are concerns, but they may differ according to the area. There may be one set of concerns in my hon. Friend's area, and another in the constituency of the hon. Member for Isle of Wight (Mr. Turner) about any ITA that may be set up there. Those concerns have to be taken into account when people are deciding how their ITA should operate. The danger of prescribing exactly...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: As I said earlier, locally elected members will always be in the majority on the authority, and that has to represent the political balance under the existing legislation covering those public bodies.

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: In practice, I am sure that suggestions and guidance will be provided on how ITAs might be set up, but I must reiterate that it will be for the local members to make the final decision—

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: As I have said before, that will be an option for the ITA, as the rules and regulations set out. If an ITA changed, in terms of the representation of newly elected members from the local authority after a given May election, it would be for it to decide the rights of the non-elected members. The Local Government and Housing Act 1989 sets out the political balance requirements, and section 15...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: That is for the ITA to decide. I repeat that locally elected members will always be in the majority. It could be that the ITA decided at its AGM that non-elected members were not to vote, or could not vote on constitutional issues. A range of options will be open to the ITA, and that is what we are trying to allow. We want proper representation with proper structures to deliver good public...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: It will be for the local ITA to decide how that provision will operate. It might decide on voting rights on issues that appear on the agenda for a given meeting, or it might well decide on broad categories of provisions. It could agree that non-elected members cannot vote on finance issues, or another such category. There will clearly be supporting guidance to help ITAs through that process,...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: My hon. Friend raises an interesting point. If I recall correctly, the authorities themselves will be able to review provisions under the new clauses periodically. I shall return to that issue shortly, but I recall that they will certainly be able to review them as and when required. Of course, there is a requirement for the ITAs to follow the rules and regulations on political balance, to...

Orders of the Day: New Clause 10 — Provision that may be made in an order under section 73 (27 Oct 2008)

Paul Clark: That course of action would be open to individual ITAs. As I have said, it will be up to an ITA to decide locally whether those members have voting rights. That will be entirely its decision to make, and the concern that my hon. Friend the Member for Manchester, Blackley (Graham Stringer) has indicated could be taken into account. The new clauses also make it clear that each council that...


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