HL Deb 04 November 1997 vol 582 cc1324-5

Read a third time.

The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman)

My Lords, I beg to move that the Bill do now pass.

Moved, That the Bill do now pass.;(Baroness Hayman.)

Lord Bowness

My Lords, we on this side of the House supported the aims of the Bill; namely, to clarify and remove doubt about the powers of local authorities to enter into private finance initiatives and partnership deals. We had concerns about some aspects, particularly the circumstances in which discharge terms might be challenged. But that matter was debated fully in Committee. I believe that distinguished legal opinion in your Lordships' House did not altogether share my concerns. I hope that that proves to be correct.

I thank the Minister for her detailed explanations of the provisions and the amendments introduced by the Government at Committee stage. We on this side of the House hope that the Bill succeeds in its aims, as private finance initiatives and partnerships are vitally important to local government. They are matters which the Conservative administration and the Conservative Benches support.

Lord Harris of Greenwich

My Lords, first, I should like to apologise on behalf of my noble friend Baroness Hamwee, who has been involved in the discussions on this Bill, for the fact that she is not able to be present this afternoon. We support the Bill and its central objectives. We look forward to the Government dealing rather more boldly with the issue of local government powers. This Bill aims to provide reassurance to the private sector which is involved in the private finance initiative. We hope that the Government will be sufficiently bold to address the wider issue of local government powers in accordance with the spirit of the European Charter of Local Self Government. We congratulate the Government upon having signed that charter. We hope that the Government recognise the merits of local government having powers of general competence—in computerspeak, that its default mode is full power unless specifically limited by statute, rather than the other way round.

Baroness Hayman

My Lords, I am grateful to both noble Lords who have contributed for their support. This is a non-contentious but quite technically challenging Bill. I was most grateful for the courteous and extremely patient way in which your Lordships dealt with the Bill throughout all its stages, particularly the way in which noble Lords considered a large number of government amendments. Those amendments reflect the Government's response to suggestions from experienced practitioners and legal experts as well as issues raised in another place.

I was grateful to both the noble Baroness, Lady Hamwee, and the noble Lord, Lord Bowness, for their constructive approach. Their questions provided me with the opportunity to clarify the purpose and effect of the Bill. I should also like to thank the noble and learned Lord, Lord Donaldson of Lymington, and my noble friend Lord Mishcon for their expertise at Committee stage. As I believe the noble Lord, Lord Bowness, has admitted, that had a helpful effect in maintaining the Government's position.

The Bill was introduced in response to demands from the private sector for the Government to clear up uncertainties about local authority powers to enter into partnership contracts. I am confident that the Bill as it now stands will satisfy those demands. I am grateful for noble Lords' patience in dealing with the large number of government amendments tabled in this House. I am sure that local authorities and their private sector partners who wish to do business together will also be grateful for the care that has been taken to ensure that this Bill meets its purpose.

As to the wider question raised by the noble Lord, Lord Harris of Greenwich, I hope that he will not be disappointed by the Government's performance in this field. This is a small measure but it is a token of the way in which the Government wish to work effectively with local government in future. In that spirit, I commend the Bill to the House.

On Question, Bill passed, and returned to the Commons with amendments.