Agenda item

Steve Eling, Policy Officer, presented the submitted report indicating that the Localism Bill was introduced in the House of Commons on 13th December, 2010 and had now completed the Committee stage. A date had not been set yet for the report stage and then on to the House of Lords. It would be some months before the Bill became legislation.

 

The Bill was made up of:-

 

- 207 clauses

- 24 schedules

- 8 Parts (Part 7 only relevant to London)

 

The Bill took forward the Government’s stated commitment to devolve power to the lowest level, enabling communities to make decisions as part of the big society. Many provisions enabled this by enabling communities to challenge public service providers and for the  outsourcing of public services.

 

It was noted that there were 142 provisions giving power to the Secretary of State.

 

The submitted report gave an overview of the headline provisions most relevant to the Council. Also included were the policy and performance agenda implications, an assessment of the ‘community engagement’ issues arising for the Council, especially where the approach taken by the Bill potentially contradicted the approach taken in Rotherham to date.

 

Many of the provisions provided amendments and repeals to other legislation which needed to be cross referenced to the relevant Acts to enable thorough assessment of the implications. In addition, the diverse range of issues covered by the Bill would require further in depth analysis of the various components as the Bill passed through Parliament.

 

The overview of provisions was as follows:-

 

-          General power of competence

 

-          Governance

 

-          Predetermination

 

-          Standards

 

-          Pay accountability

 

-          Repeal of duties relating to promotion of democracy

 

-          Repeals of provisions about petitions to local authorities

 

-          Charges for waste services

 

-          E.U. fines

 

-          Non-domestic rates

 

-          Local referendums

 

-          Council Tax

 

-          Community right to challenge

 

-          Assets of community value

 

-          Plans and strategies

 

-          Community infrastructure levy

 

-          Neighbourhood planning

 

-          Consultation

 

-          Retrospective  planning permission

 

-          Nationally significant infrastructure projects

 

-          Allocation and homelessness

 

-          Social housing : tenure reform

 

-          Housing finance

 

-          Housing mobility

 

-          Regulation and social housing

 

-          Commencement

 

Discussion and a question and answer session ensued and the following issues were covered:-

 

-          need and desire for a voluntary code of conduct

 

-          applicability of a voluntary code of conduct for co-opted members

 

-          duty for the Council to promote and maintain high standards of conduct

 

-          repeal of provisions about petitions to local authorities

 

-          repeal of charges for waste services

 

-          conditions and procedure for requiring a Council to hold a local referendum

 

-          clarification of assets of community value and procedure for inclusion in the Council’s list of assets of community value

 

-          clarification of issues regarding allocation and homelessness and potential need for an all member seminar or further member development sessions focusing on the implications of the Localism Bill in this area

 

-          governance issues wider than standards considerations

 

-          working with parish/town councils into the future bearing in mind community right to challenge, neighbourhood planning etc

 

-          Project Steering Group

 

-          reporting timeline

 

Resolved:-  (1)  That the information be noted.

 

(2)     That progress reports be submitted to this Committee from the Project Steering Group.

 

(3)     That the next report/action plan be submitted to this Committee as soon as possible.

 

(4)     That the Sustainable Communities Scrutiny Panel be requested to consider the issues now raised relating to allocation and homelessness and the need for an all member seminar be considered further when the position was clearer.