HC Deb 13 June 1989 vol 154 cc817-9

'.—(1) The following provisions shall be substituted for paragraphs 6 to 11 of Schedule 4 to the Local Government Act 1974—

"Expenses of the Commissions

6.—(1) Each of the Commissions shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 ("the 1988 Act"), and those sections shall accordingly have effect with the following modifications. (2) Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of each Commission together with any observations thereon made and submitted to him in accordance with paragraph 7 below. (3) The Secretary of State may also take into account any other information available to him as to the expenses of the Commissions, whatever its source. (4) A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with. (5) For the purposes of section 78(7) of the 1988 Act, each Commission shall be treated as if they were also a notifiable authority.

7.—(1) Each Commission shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State. (2) Each Commission shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives. (3) Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission's estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State. (4) Each Commission shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact. 8. Where a Commission fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to he such as he sees fit.

(2) Any thing done before the passing of this Act which corresponds to a thing authorised or required to be done by any provision of the paragraphs 6(2) and (3), 7 and 8 substituted by subsection (1) above and done for the purposes of sections 78 and 79 of the Local Government Finance Act 1988 shall be treated as validly done under that provision and those sections shall have effect accordingly.

(3) The foregoing provisions shall have effect for the financial years beginning on or after 1st April 1990.'.—[Mrs. Virginia Bottomley.]

Brought up, and read the First time.

The Parliamentary Under-Secretary of State for the Environment (Mrs. Virginia Bottomley)

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

Mr. Deputy Speaker (Sir Paul Dean)

It will be convenient to consider at the same time Government amendment No. 119.

Mrs. Bottomley

The Government have tabled four new clauses to part II which completes the package of reforms to the local ombudsman service outlined in the White Paper in response to the Widdicombe report. All these have the aim of making the local ombudsman more effective and efficient.

In Committee, measures were debated to improve compliance with the recommendations of the report. We now seek to introduce further provisions by means of new clauses 23A, 24 and 26 together with the consequential amendments Nos. 119 to 122 to give effect to the White Paper's outstanding proposals. These concentrate on the administrative details of the service and provide new arrangements for funding the English and Welsh commissions, new consultation arrangements with local authorities and other bodies within jurisdiction, to replace the representative body, an additional power for the commissioners to give advice and guidance on good administrative practice and a power for the Secretary of State to appoint advisory commissioners.

Mr. Soley

We covered this matter in some detail in Committee, so I will not traverse the ground again. At some stage we shall have to examine the functioning of the local authority commissioner because, useful and good though the work is, it is important, as we pointed out in Committee, given that it deals with local government affairs, for saying that local government should have some say in the financing and organising. Nor must we undermine the role of councillors, which was one of the strongest points we made in Committee. I also pointed out then that if the same standards that applied to local authorities were applied to private business we might have better services from private business for customers, and towards the people who work for those businesses. For the moment I will not debate the matter further.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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