Local Government (Review of Decisions) Bill — House of Commons, 2015-01-23
Topic: Government Operations
James Arbuthnot (Conservative, Centre-right): I beg to move amendment 1, page 2, line 2, at end insert— "( ) The authority must ensure that any such decision as is referred to in subsection (1) above is made as soon as reasonably practicable, and the authority shall not unreasonably or unnecessarily delay a decision in a way which has the effect of preventing or rendering impracticable a review taking place in good time to allow the event to be held." I congratulate my hon. Friend the Member for Sherwood (Mr Spencer) on his excellent Bill. I do not wish to delay or frustrate its passage, but I want to question, in a gentle and probing way, one or two aspects of whether it goes far enough, or perhaps a bit too far To explain amendment 1, I need to set out—in a way that I hope will not displease my hon. Friend—the Bill’s purpose. In Committee on Wednesday, he said that the Bill "seeks to assist those who are charitably minded, who are community champions and who want to raise money and hold social functions in their communities by protecting them from over-enthusiastic members of local authorities who might want to stop that activity, using health and safety as a reason for doing so."––[Official Report, Local Government (Review of Decisions) Public Bill Committee, 21 January 2015; c. 3.] While he was being a little unfair by characterising people in local authorities as wanting to stop an activity, amendment 1 is even more unfair, as it perpetuates that characterisation and even takes it a step further. That is one of the reasons that the amendment is only a probing amendment, rather than a calculated attempt to strengthen the Bill. Let me explain why Clause 1, which my first amendment is designed to alter, sets out that if a decision is taken by or on behalf of a local authority which, for reasons which include health or safety, has the effect of stopping the holding of an event or of imposing restrictions or conditions upon the event, within a defined time limit from the taking of that decision the authority must give notice to the person who is organising the event. Then, as we can see from the terms of the Bill, there is provision for a review of the decision. This is an entirely excellent idea, and I applaud my hon. Friend for bringing it forward. In doing so, he is putting into effect one of the recommendations of the report called "Common Sense Common Safety" by my noble Friend Lord Young of Graffham in 2010 If my hon. Friend is correct in implying that there are people in local authorities just waiting for the opportunity to leap out from behind a pillar and ban things, and drumming up spurious excuses for doing so—personally, I do not think that, by and large, that is what happens, although obviously occasionally it might—then I believe the Bill contains a gap, which my amendment is designed to plug in the following way. Let us call this malicious person a jobsworth for the purposes of this argument, who finds that if he bans something on the grounds of health or safety after the passing of this Bill he will be now required to provide written reasons for doing so within a time limit that might allow the event to go ahead, which of course he wants to avoid. What then will he do? He is a clever sort of jobsworth, so he will work out that the most effective way of banning the event is not to take the decision until so near the intended time of the event that even putting the reasons in writing would make it impossible in practice to hold a review. Therefore the purpose of the amendment is to ensure that the original decision is taken speedily. The decision must be made "as soon as reasonably practicable, and the authority shall not unreasonably or unnecessarily delay a decision" This is not an elegant amendment. It does not deal with the consequences of a decision not being made as soon as reasonably practicable. It might not be enforceable, but it raises an issue that might not have been covered by the Bill. If my hon. Friend or the Minister tells us to take it away and to get a life, I shall cheerfully do so. In fact, I shall probably do so whether they tell me to do so or not.