asked Her Majesty's Government:

Whether statutory obligations for biodiversity and nature conservation form part of the local area agreements and whether they will form part of the comprehensive performance assessments; and whether they may be subject to joint area review.[HL3828]

The new local government performance framework was introduced in April 2008 and creates a framework for managing local government performance. At its heart is the national indicator set comprising 199 indicators, including “NI 197 improved local biodiversity—active management of local sites”. All local authorities will report on their performance against all 199 indicators.

Local area agreements (LAAs) are three-year performance management agreements between central and local government on up to 35 of the national indicators where there are particular performance issues or opportunities. Negotiations through government offices are due to be concluded with 150 upper tier authorities by the end of June 2008. A number of localities have chosen NI 197 as an improvement indicator.

Local government performance will be assessed through a new comprehensive area assessment inspection regime to be introduced in April 2009 through the Audit Commission. This replaces comprehensive performance assessment and will dovetail with the work of other inspectorates into one overall approach. Details of the assessment process are subject to consultation, but it is likely to focus on the national indicators selected in each LAA. The performance of other national indicators may form part of the assessment where there is a risk to delivery.

National indicator NI 197 measures the performance of local authorities for biodiversity by assessing the implementation of positive conservation management of local sites and consequently their wider performance for biodiversity (in turn contributing to wider environmental quality).

The indicator does not measure the biodiversity duty (NERC Act 2006) which requires all public authorities, including local authorities, to have regard to biodiversity as far as is consistent with the proper exercise of their functions. Nevertheless, successfully to improve a local site system and the management of local sites will require local government to deliver many of the themes articulated in the duty.

The joint area review (JAR) is a three-year programme running until December 2008. All 150 upper tier local authority areas will be reviewed to judge the contribution that the council and its partners in the local area are making to improve outcomes for children and young people. As such, the statutory provisions for biodiversity and nature conservation will not form part of this review.