23 June 2010

Dear Mr Ovens

Thank you for your e-mails of 25 May and 1 June 2010 in which you ask a number of questions seeking information about the Local Government Act 1992. Your request has been considered under the Freedom of Information (FOI) Act 2000 and I can provide information relating to your different questions as follows:

Questions 1 & 2: The information you requested about the details of the members of Parliament and members of the House of Lords who signed the bill through during divisions and votes in the different stages of the bill are recorded in the proceedings of Hansard for the 1991/1992 session. I attach a list of dates of the various stages of the bill in Parliament and the relevant Hansards can be obtained from main public libraries. The proceedings of Parliament are also are available on the internet at: http://www.publications.parliament.uk/pa/cm/cmse9192.htm for the House of Commons and http://www.publications.parliament.uk/pa/ld/ldse9192.htm for the House of Lords.

Question 3: The Local Government Bill received the Royal Assent on 6 March 1992.The Act in its final form is available on the website of the Office of Public Sector Information (OPSI) at http://www.opsi.gov.uk/acts/acts1992/Ukpga_19920014_en_1

Question 4: I am afraid that Communities and Local Government are unable to provide minutes of meetings held in discussing the bill coming into force you asked for as the relevant papers have been disposed of in accordance with departmental records procedures.

Question 5: Detailed information about the bill was not sent to the general public but News Releases were issued by the former Department of the Environment when the Local Government Bill was published on 5 November 1991. Progress of the bill's passage through Parliament would have been reported in the media. A further News Release was issued on the 6 March 1992 when the bill received royal assent with details of the act and its effects. Copies of the News Releases are attached. It was for individual media outlets to decide how this information was disseminated.

Question 6: Sections 74 - 86 in part 6 of the Local Government Act 2003 introduced amendments to the Local Government Finance Act 1992 affecting council tax discounts, exemptions, liability and enforcement issues. There was an opportunity for the public to comment on a draft of the Local Government Bill when it was published for consultation in June 2002. Publication of the final bill was announced in a News Release issued by the former Office of the Deputy Prime Minister and the bills royal assent was announced in a News Release issued on 18 September 2003. I am also providing copies of these News Releases.

Question 7: I am afraid I cannot provide information about whether legislation in the Local Government Finance Act 1992 over-rules the “bill of Rights 1689”

Interpretation of the legislation is, in the first instance, for local authorities to do but ultimately, definitive interpretation is for the courts to decide.

Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter. Information about the Department's review procedures and how to apply for an internal review of your case is on the Department's website at http://www.communities.gov.uk/documents/corporate/pdf/1384250.pdf. This also explains your right to apply directly to the Information Commissioner (ICO) for a decision in the event that you remain dissatisfied following the Department's review.

Generally, the ICO cannot make a decision unless you have exhausted this Department's Internal Review procedure. The Information Commissioner`s address and contact details are set out in the above leaflet.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

Brian Entwistle