HL Deb 24 July 2000 vol 616 cc83-4

275 Clause 69, page 46, line 10, leave out from ("the") to end of line 11 and insert ("Lord Chancellor.

(3A) The Lord Chancellor —

  1. (a) must appoint one of the members of the Adjudication Panel for England as president of the Panel, and
  2. (b) may appoint one of those members as deputy president of the Panel.")

276 Page 46, line 19, at beginning insert ("Such members of")

277 Page 46, line 19, leave out ("must include persons possessing") and insert ("as the Lord Chancellor thinks fit must possess")

278 Page 46, line 20, leave out ("Secretary of State") and insert ("Lord Chancellor")

279 Page 46, line 21, at beginning insert ("Such members of")

280 Page 46, line 21, leave out ("must include persons possessing") and insert ("as the National Assembly for Wales thinks fit must possess")

281 Page 46, line 24, after second ("president") insert ("(if any)")

282 Page 46, line 33, at end insert— ("() The Lord Chancellor must obtain the consent of the Secretary of State before making any appointment under subsection (3) or (3A) or any determination under subsection (6).")

283 Clause 70, page 47, line 1, leave out subsection (4)

Baroness Farrington of Ribbleton

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 275 to 283.

The quality of objectivity and independence of the decisions made by the adjudication panel will be crucial to the success of the new ethical framework. With that in mind and following the discussions with the council on tribunals we have decided that the appointments to the panel should be made by the Lord Chancellor. Amendments Nos. 275 to 282, 286 and 287 make the necessary provisions in this respect. Amendment No. 285 makes provision for declarations of interest by members of the adjudication panel and prevents a member sitting on a case tribunal that conducts an adjudication into a hearing where he or she has an interest.

The Government are concerned that as the Bill left this House it does not treat councillors who may be disqualified under its provisions fairly. Ordinarily a vacancy would result in a by-election being held usually a month or so after the vacancy occurred. In a case where the by-election had been triggered by the member's disqualification there would be insufficient time for the courts to hear any appeal before the councillor had lost his seat. We therefore believe that the provisions in the Bill should be brought into line with the provisions of the Local Government Act 1972 relating to the disqualification of councillors who have been convicted of a criminal offence.

We believe that this strikes a reasonable balance. A councillor should not carry on with his duties but nor would he lose his seat through a by-election until his appeal had been heard. Amendment No. 461 achieves that.

Amendments Nos. 283, 288, 289, 290 and 291 are technical and drafting amendments. In moving these amendments, I support the other amendments in this group.

Moved, That the House do agree with the Commons in their Amendments Nos. 275 to 283.—(Baroness Farrington of Ribbleton.) On Question, Motion agreed to.

6.15 p.m.