To ask Her Majesty's Government how long they expect the process to take for holding an officer to account as proposed in Clause 16 of the Local Democracy, Economic Development and Construction Bill; and what actions they propose to take if any such timings are not kept to. [HL2355]

The period of time will depend upon the local authorities’ internal management processes and the frequency of their overview and scrutiny meetings.

To ask Her Majesty's Government whether, under Clause 16(10) of the Local Democracy, Economic Development and Construction Bill, “another officer of the authority” can include any officials from a department of state or other public and private body who are on secondment to the authority; [HL2356]

To ask Her Majesty's Government whether under Clause 16 of the Local Democracy, Economic Development and Construction Bill a petition submitted to a local authority requiring an officer to be called to account can be accepted if the petition relates to an official who normally works for a department of state but is on secondment to the authority; if not, what guidance they plan to issue on how to respond to such a petition; and whether such guidance will include advice that the matter be referred to the relevant department of state from which the official is on secondment; and [HL2357]

To ask Her Majesty's Government what steps they would take if a local council accepted a petition requiring an officer to be called to account, as proposed by Clause 16 of the Local Democracy, Economic Development and Construction Bill, if that officer normally worked for a department of state but was on secondment to the authority. [HL2358]

Any officer of a local authority can be required by Section 21(13) of the Local Government Act 2000 to give evidence to an overview and scrutiny committee. Whether a person on secondment to a local authority is “an officer of the authority” will depend on the circumstances of the case. A local authority would be able to make provision in any secondment arrangements to require the secondee to give evidence to the authority’s overview and scrutiny committee if requested, even if the secondee were not “an officer of the authority”.

Authorities can accept any petition irrespective of whether the petition fulfils the statutory requirements.

Communities and Local Government is committed to working closely with the local government sector and other stakeholders to develop guidance to support principal local authorities to meet the petitions requirements set out in the Local Democracy, Economic Development and Construction Bill and in particular to identify the areas which the guidance should cover. The guidance will build on the views of respondents to the 2008 Local Petitions and Calls for Action Consultation and the Communities in Control: Real people, Real Power: Improving Local Accountability Consultation and a draft will be made available for consultation.

To ask Her Majesty's Government what legal advice they have received on any human rights, employment law or other legal implications of the proposed Clause 16 of the Local Democracy, Economic Development and Construction Bill; and whether they will place such advice in the Library of the House. [HL2361]

I have made a statement that in my view the provisions of the Bill are compatible with the convention rights. I am also satisfied that Clause 16 has no adverse effect on any employment or other rights. Clause 16 imposes no new obligations on any officer of any local authority because every officer of every authority operating executive arrangements can already be required to attend before an overview and scrutiny committee and answer questions. The Government do not disclose their legal advice in these circumstances.