Part of Clause 2 – in the House of Commons am 12:00 am ar 20 Rhagfyr 1973.
Mr Graham Page
, Crosby
12:00,
20 Rhagfyr 1973
Here again, we are following the procedure which was adopted in the Local Government Act 1972 and which was accepted by the House of Commons at that time. The provisions in Clause 2(2) of this Bill as to consultation follow exactly those in the 1972 Act. Clause 2(2) provides for the Secretary of State's order to be subject to no parliamentary procedure, not even the negative procedure. This is not a question as to whether it should be the affirmative or negative procedure. It is a statutory instrument. The invariable practice in reorganisation Bills of this sort has been that the order is made without formal parliamentary procedure. We consider that there should be no change in this case.
The hon. Member for The Hartlepools (Mr. Leadbitter) has discussed the procedure we now have for dealing with instruments under the affirmative procedure and under the negative procedure. The way one would endeavour to bring a statutory instrument of the sort mentioned by Clause 2(2) before the House would be by an Early Day Motion and persuading the usual channels to accept a motion, perhaps. But this would be the only way to bring an instrument of this sort before the House. I do not think the House should necessarily need, unless there is something going very wrong on the matter, to debate an order of this sort.
Perhaps it would be a good thing to put on record just what is to happen. We did not describe it fully on Clause 1. What we are dealing with under Clause 2 is the need of the Secretary of State to make the decisions on electoral areas for the elections which are required under Clause 1. First, we have, by Clause 1, decided what elections there shall be, and I should like to put them on record.
There will have to be by-elections for new parish councillors for Charlwood; for new parish councillors for Horley No. 3 Ward—not for the other two wards; new district councillors for Horley on the Reigate and Banstead District Council; new district councillors for Sal-fords and Sidlow on the Reigate and Banstead District Council; a new district councillor for Charlwood on the Mole Valley District Council; a new district councillor for Horley and Salfords and Sidlow on the new Surrey County Council; and a new county councillor for the new Dorking Division, now including Charlwood. The areas of Charlwood and Horley to remain in West Sussex are too small to be separate divisions and they will be added to existing divisions.
Particularly in the last case, these are matters which would be dealt with by statutory instrument under Clause 2(2), but in all these cases the electoral wards have to be decided for all the councillors to be elected. This, as in the past, is a matter between the Home Secretary and the people of the district. Perhaps I may point out, without going back to the previous Amendment, that now that we have decided where the elections have to take place, what is happening is that public comment has been invited, including comments from the political parties, and these will be considered by an independent committee which will advise the Home Secretary as to the course to be taken.
I think the public are fully protected in this and that it is not a matter which we should be obliged to debate in the House. If, of course, anything goes disastrously wrong with it, I have no doubt that hon. Members will hear about it and will make the Home Secretary responsible by calling him to answer in the House. On these grounds, I would not wish to alter the invariable practice as laid down in this Clause for setting out the electoral areas.
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