§ Mr. BlunkettTo ask the Secretary of State for the Environment if, in issuing section 13 notices under the Local Government Act 1988, he takes into consideration whether councillors have ignored council officers' advice in the awarding of a contract; and if he will make a statement.
§ Mr. PortilloWhen my right hon. Friend considers whether to issue a notice under section 13 of the Local Government Act 1988 on the ground that it appears to him that an authority has acted in contravention of section 7(7) of that Act, he takes into consideration all matters which are relevant to the question of whether the authority has acted in a manner having the effect, or likely or intended to have the effect, of restricting, distorting or preventing competition. He considers the actual, intended or likely effect of the authority's decision to carry out work through its direct services organisation.
Councillors may choose, as they think fit, whether to follow their officers' advice and, provided their decision does not appear to my right hon. Friend to contravene the requirements of the Act, he sees no relevance in the fact that they have chosen not to follow officers' advice.