Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025
(Limited Text - Ministerial Extracts only)
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Baroness Scott of Bybrook (Con)
My Lords, I declare my interest as a vice-president of the Local Government Association.
I rise to express deep concern over this statutory instrument, which marks yet another step in the Government’s rushed approach to local government restructuring. While we continue to support meaningful devolution that enables local communities to thrive and prosper, we are concerned about the process being followed and the sweeping changes being imposed top-down on our local authorities. Quite simply, devolution should be locally led, and these measures are not. We believe that no council should be coerced or pressured into restructuring by a top-down diktat from Whitehall. It is wrong for the Government to adopt a divide-and-rule approach to local government.
I turn to the effect of these measures. This statutory instrument is not just a procedural shift; it is a clear manifestation of the Government’s top-down approach to restructuring local government, with little or no consideration for local consensus. We are particularly concerned about the unprecedented delays—up to three years—and the prospect of existing councillors serving up to a seven-year term. The Government’s decision to bypass any public consultation on this is a significant failure. I ask the Minister: why were the public not consulted on these changes? How can the Government justify proceeding with such a major overhaul without having meaningful engagement with local communities first?
Local councils themselves were given a mere deadline of 10 January 2025 to submit expressions of interest for restructuring, with no further opportunity for public consultation or engagement with those who will be directly impacted by these decisions. The entire exercise has been rushed: from the publication of the devolution White Paper to a minimal feedback period of only four weeks, which included the Christmas break. District councils were never properly consulted either and residents have not been asked for their views. Local government experts have warned:
“We are dealing with the worst white paper for local government in living memory and one which treats it with cavalier disregard”.
That was from the “Local Authority” podcast of 26 January 2025. Will the Minister please respond to what I consider to be serious concerns?
We have heard that this statutory instrument claims to postpone the May 2025 elections, yet this is far more than a postponement. We believe it is an outright cancellation for these councils—specifically, East Sussex, Essex, Hampshire, the Isle of Wight, Norfolk, Suffolk, Surrey, Thurrock and West Sussex—all under the guise of the devolution priority programme. Can the Minister provide a clear timeline for these new elections, including county, unitary, district and mayoral elections, taking into account any changes to ward boundaries?
While I am on the subject of boundary changes, the long-term implications of such changes are a matter of great concern. As we move forward with the creation of new authorities and the restructuring of local government, the role of the Local Government Boundary Commission for England will be crucial in determining how these changes are implemented. Will the Minister outline the timetable for these boundary changes? We need to know when the Local Government Boundary Commission will begin its review and how long it will take to finalise the new boundaries for the affected councils. If she cannot answer today, please will she write to me with all those details?
Can the Minister also provide any assurance that the Local Government Boundary Commission’s recommendations will be made publicly available well in advance, allowing local councils, residents and other stakeholders to fully engage with and review the proposed changes before they are finalised, as has always been the case? Without clear communication and ample time for consultation, we risk a lack of transparency and fairness in redrawing the boundaries.
Given the concerns I have raised today, some noble Lords may be wondering why I have tabled a regret Motion and not a fatal Motion, such as those of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Pinnock. We are the Official Opposition and there is a long-standing convention under successive Governments of all colours, and recognised by the major parties at least since the 1950s, on the constitutional relationship between the two Houses of Parliament. It is the responsibility of the House of Lords to scrutinise and, where appropriate, revise legislation—and, ultimately, to respect the will of the elected House. But that does not detract from the concerns I have raised today.
While we all want to work collaboratively with local government to ensure that these changes are beneficial for our communities, the current process has been rushed and lacks the necessary consideration of local views and the needs of local communities. We urge the Government to pause, reconsider the pace of these changes and offer a clearer, more structured plan that involves local authorities and their residents in shaping the future of what is their local government.
If the fatal Motions fall, I shall be testing the opinion of the House on my regret Motion.
Lord Bach (Lab)
My Lords, I support this Government’s plans for devolution. For years and years, the local government map has needed to be changed. That is a fact, but no Government have attempted to do it for many years.
Changing local government is not an easy task and requires political parties, and of course local authorities and the Government themselves, to look further than just at their short-term political advantage, so that England can enjoy a modern and effective local government system that has real power and influence, while taking some of the power away from the centre. This takes time and I commend the Government’s approach. The matter before the House today is of importance, but I really do not think that it is an attack on the principles of democracy. Those who say it is are mistaken.
I will make one further point before I sit down. The Government have proposals that had to be put in by 21 March—last week. They want and need time to consider them, and to come up with views and proposals themselves. I think that will be by the end of the year. It is one of those proposals that I want to talk about.
I want the Government to consider, when they make their proposals, something that, if acted on, will put right what I consider to be a serious mistake, or accident, that occurred many decades ago in the 1970s in England. Some noble Lords will remember the dividing up of English cities into metropolitan and non-metropolitan areas. Very sensibly, many cities had their boundaries increased so that they could accord with reality. They could have the space and the geographical diversity to offer their residents all that a city should, including space for new housing, green spaces and facilities of all kinds.
Examples of metropolitan cities which were properly extended include Leeds, Bradford and Sheffield. However, the non-metropolitan cities were not so lucky; their boundaries remained precisely the same. In many cases, these are boundaries that are now over 100 years old. This has led to city boundaries sometimes being totally artificial, with nowhere to build up housing. Any reasonable person using their common sense can see how ridiculous some of the boundaries are for cities at present. I should add that I have been a police and crime commissioner for an area that had unitary authorities, a county council and district councils. I have also been a local councillor in both a city and a district.
Leicester is a classic example of a non-metropolitan city at that time that suffered, as others did, from the ridiculous decisions taken in the 1970s. Its present boundaries are genuinely ridiculous. It is one of the most tightly constrained cities in the whole United Kingdom. Its boundaries have remained largely unchanged for 100 years. It has no chance of delivering, for example, the extra housing that is vitally needed. The population density is enormous compared with the cities I referred to that were lucky enough to have their boundaries extended. The figures speak for themselves. In Sheffield the population per square kilometre is 1,200 people. In Leicester, the population per square kilometre is 5,000 people. That is totally wrong.
I make these points in this debate because the Government will have to make their decision on issues such as this when it comes to the right time to make those decisions. I want to give the Government a chance to make the right decision as far as cities and other parts of local government are concerned. That is why I think the Government deserve our support tonight.
Lord Jamieson (Con)
My Lords, I declare my interest as a councillor in Central Bedfordshire who is not participating in this process. I speak in support of the regret Motion tabled by my noble friend Lady Scott of Bybrook. As chairman of the Local Government Association, I campaigned vigorously for greater devolution, and I am still very supportive of devolution. I also led a unitary council for 10 years and can testify to the benefits of unitary councils. However, if we are genuinely to have devolution and well-run services, it needs to be locally led, with real powers and local accountability. We cannot treat local government as little more than a delivery arm of central government, tied up in regulation, with budget controls and with central targets and funding pots.
When this country saw the biggest improvement in health, education, social support, infrastructure and so forth, it was all locally led. If you go back to the turn of the 20th century, local government was truly empowered, delivering education, health, social care, social support, infrastructure and even gas and water supplies. It was genuinely financially independent of central government. Over the last century, central government has steadily eroded the role of local government, placed more controls and reduced its financial freedoms while increasing burdens on local councils.
I am a believer that form should follow function. We should see real devolution which would enable genuine financial independence from central government, with a much greater role in economic development, community health, education and skills for getting people back to work; this would enable every area to flourish with real levelling up. This is what the Government should have started with, because locally we could have then answered the question of what would be appropriate structures to deliver this. It would also significantly reduce local argument as the prize and objective would have been clear to all.
Instead, we have top-down reorganisation. The Government have been clear that they intend to use their large majority in the other place to force through unitarisation and have mayors across the country. There is a clear message that funding will be tight, so councils will have to make significant savings, which the Government expect to be delivered by unitarisation. It is understandable that, in these circumstances, many councils have concluded that it is better to participate in order to have some control over their destiny and potentially some meagre rewards, rather than be done to by government diktat.
So I have sympathy with those councils that, due to the need to meet a government-imposed timetable, asked for a delay in their elections. But it did not need to be this way. The Government could and should have worked with local government. They should have brought forward real proposals for real devolution with a clear timetable that respected the democratic process. They should have brought forward proposals to address some of the biggest issues in local government, such as social care and SEND. They should have looked at how, by addressing the perverse incentives, the blockages in the system and creating genuine local place-based working, these could have been addressed.
You cannot look at local government reorganisation without looking at, for instance, the healthcare system and how that works. But, no, this Government are favouring imposition over co-operation, avoiding the difficult decisions and not delivering real devolution. That is why I will be supporting by noble friend Lady Scott’s Motion to Regret.
The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
My Lords, that has been a really interesting debate. I understand and I have listened to the concerns around the Chamber. The Government have been very clear on our manifesto commitment to widen devolution to more areas. We have been clear on our vision for a simpler, more sustainable local government structure, alongside transfer of power and funding out of Westminster through a devolution process. We have been clear on our willingness to take all the appropriate steps needed to deliver this vision, working with councils to fix the foundations of local government and support communities to join the devolution revolution.
Lord Fuller (Con)
Does the noble Baroness accept that, under Section 7 of the Local Government and Public Involvement in Health Act—which governs local government reorganisation—it is a statutory requirement that all principal authorities are engaged with? By that I mean not just the county councils but all the districts, upper tier unitaries and so forth—not the parishes but the principal authorities. Does the noble Baroness further accept that only 30 or so of the 200 or so councils that should have been consulted were actually consulted?
Baroness Taylor of Stevenage (Lab)
I will answer the noble Lord’s point further in a moment. Following a question he asked me earlier, I checked the legal requirements, and my understanding is that all the legal requirements have been met in this process.
The noble Baronesses, Lady Pinnock, Lady Jones and Lady Fox, raised the issue of democratic accountability and elections. To clear up a point, there are no elections postponed in Devon. I do not know whether that was raised with the noble Baronesses, but elections are not postponed in Devon. Nothing is being imposed on local areas. The commitment to join the devolution priority programme and the emerging proposals for new unitary councils were all bottom-up. All requests for election delays to unlock reorganisation and devolution to the fastest possible timeline followed direct requests from the leaders of affected upper-tier councils—not the Secretary of State, as was stated by the noble Baroness, Lady Jones.
Devolution and strong councils with the right powers mean that hard-working councillors and mayors can focus on delivering for their residents. That will strengthen the democratic accountability of local government to local residents. Postponing this small number of elections will enable mayoral devolution to be delivered in parallel with reduced timescales, so that working people and communities get those benefits—the powers, funding and freedoms—far more quickly, with mayoral elections and elections to new councils increasing democratic accountability, not reducing it.
We do not agree that there is a lack of consultation. We are consulting now in eight of these council areas on mayoral devolution, and we have asked councils to engage widely as they develop their proposals for reorganisation. Once a proposal has been submitted, it will be for the Government to decide on taking a proposal forward and then to consult, as required by statute. Some 13,000 people have responded to those consultations already, so people are engaging with the process.
A number of noble Lords mentioned the timetable. I think there has been some misunderstanding, so I will cover this. The noble Baroness, Lady Jones, asked for clarity on the timetable, and I understand why she would want that, as did the noble Baronesses, Lady Pinnock, Lady Scott and Lady Fox, and the noble Lords, Lord Stoneham and Lord Fuller. The starting point is for all elections to go ahead, unless there is strong justification. In May 2026, we intend that mayoral elections for new strategic authorities will take place, alongside those district and unitary elections already scheduled and elections postponed from May 2025. For any area in which elections are postponed, we will work with areas to move to elections to new shadow unitary councils as soon as possible, as is the usual arrangement in the process of local government reorganisation. For areas in the priority programme, this will mean mayoral elections in May 2026, alongside and in addition to the rescheduled local elections. We will work with areas to move to new shadow unitary elections as quickly as possible.
Postponement is essential for the delivery of the devolution priority programme, with inaugural mayoral elections in May 2026 and complementary reorganisation. We have no plans to postpone district council elections in 2026; we intend these to take place as scheduled, alongside elections postponed in 2025. The date of any unitary council elections will depend on the nature of proposals for local government reorganisation and progress on the development of those proposals. They are moving on different timetables.
On the issue of strategic planning, raised by the noble Baronesses, Lady Jones and Lady Pinnock, local plans will still be the responsibility of local authorities. Strategic planning at mayoral level will inform that planning, not replace it. It is done at mayoral rather than national level, so this is increasing devolution, not reducing it.
The noble Baroness, Lady Jones, made a point about saving money. We have had a PwC report, which set out the opportunity for areas undertaking reorganisation to achieve efficiencies when moving to a single unitary structure. In fact, North Yorkshire Council, established in 2023, expects to achieve more than £40 million in savings by March 2026. There is precedent for significant savings.
The noble Baroness, Lady Pinnock, mentioned Surrey. This single-year postponement is intended to give local leaders the time and capacity to plan for new structures, with local leadership in place until after the full reorganisation proposals have been submitted. We agreed to delay elections in Surrey to expedite local government reorganisation because of the perilous financial state of some of the authorities in that locality. The Government are getting on with delivering this.
All two-tier areas have been invited to develop proposals for reorganisation. I am delighted to confirm that every single area, comprising councils of all political stripes, has responded to the invitation to reorganise and submit an interim plan by 21 March. A Written Ministerial Statement has been laid before the House today, setting out the details.
The noble Baroness, Lady Pinnock, asked about the Secondary Legislation Scrutiny Committee. I think the noble Lord, Lord Khan, probably replied better than I could on this. In response to her question about the date, we do not have powers to delay a date; we can delay only the year, not the date. It would require primary legislation to postpone until June.
The noble Lords, Lord Rennard and Lord Fuller, raised the issue of precedence in postponing elections. Between 2019 and 2022, the Conservative Government legislated to postpone 17 local council elections for one year and cancelled a further 13 elections as part of legislation giving effect to unitarisation proposals, with the latter having the effect that the elections did not take place, as the councils were abolished. All local elections scheduled to take place in 2020 were subsequently postponed, of course, because of Covid. I could go into further detail, but I will not take up noble Lords’ time.
The noble Baroness, Lady Scott, raised the issue of boundary review. I am very happy to write to her further on the timetable. On the process for local government boundary review, I know, because we have just gone through it in Stevenage, what a thorough process that is. There is no intention to curtail the process of extensive consultation as we go through this process.
My noble friend Lord Bach referred to the process of devolution and the need for a modern and efficient local government system, and I agree with him 100%. We have had three decades of delay in moving this forward, so to noble Lords who said this is rushed and hurried, can I just say that it does not feel that way to me? I have been in local government for 30 years, and we have been trying to do it for all that time. In relation to the English cities, for councils which have not already been part of a reorganisation process, if those areas feel it is appropriate, they will have submitted those changes in their plans or they will be working them for the second stage of planning.
Baroness Scott of Bybrook (Con)
Before the Minister sits down, on the question of the manifesto and devolution, I do not think it was very clear to communities or individuals that “devolution” also meant local government reorganisation.
Baroness Taylor of Stevenage (Lab)
I hear the noble Baroness’s view, but the councils that have come forward feel that they need that reorganisation to enter properly into the devolution process. If we are going to get powers and funding out of this bit of Westminster and out to the areas, that elected representation at local level is key.
The Motions put forward by the noble Baronesses would be an unprecedented step by the House of Lords, with serious constitutional and practical consequences. The Motions undermine the convention of the primacy of the Commons and the principle of delegated powers, which have been given in primary legislation granted here and have been previously used in this way. All appropriate steps were taken, and both process and precedent carefully followed.
A vote to agree with these Motions for Annulment at this stage, the evening before the last day by which elections must be called, would throw areas into chaos, damaging the safe running of those elections and confusing the live consultations that are under way, in which we are receiving significant public interest, with, as I said, over 13,000 responses already. The people engaged believe, as we do, that the order is in the interests of the people we all serve. The Motions would slow down the delivery of the benefits of mayoral devolution and strong unitary local government to those areas. It is these Motions, not the order they object to, that are damaging to local democracy. I urge you in the strongest terms to deny them.
Baroness Jones of Moulsecoomb (GP)
My Lords, I forgot to mention that I am also a vice-president of the Local Government Association.
I thank all noble Lords who have spoken in this debate. A lot of issues were raised and the Minister has given a very full answer, which I am sure I will read with great interest in Hansard tomorrow. Clearly, she and the Government will be held to account on that.
It seems a little mean to accuse us of bringing this so late to your Lordships’ House when actually it is the Government’s timetable that we are operating to. We had no choice. The fact that it is 7 pm on the night before is not our choice; it is the Government’s choice to do it, so the Government have made it too late to do this.
There is also the fact that Labour has completely changed the meaning of devolution. What is happening is not devolution; it is actually sucking power upwards. My Motion is not about devolution but about the way it is being done. I think that is deeply undemocratic, despite what the noble Lord, Lord Kerr, had to say about it. I am quite disappointed that the Conservatives, His Majesty’s Opposition, could not vote for a fatal Motion. I did use their wording in my fatal Motion to encourage them, but clearly that did not work. If the Government are wrong—on this side of the Chamber we all agree that they are wrong—surely we want to draw that mistake to their attention. They are making a terrible mistake, and if we are not going to draw their attention to something like this now, when are we going to do it?
I also regret that the Liberal Democrats did not reach out before tabling their Motion. That is a real shame. I am not known for my powers of compromise, but I am, I think—I hope—known for my principles, and I would have done my best to come to some agreement. The Liberal Democrats did not attempt that, so to me what they are doing now looks like game playing, not a principled move. Surely a fatal Motion is a fatal Motion, and whether you vote for mine or for theirs, it does the same thing: it draws attention to the fact that many of us are not happy about what is happening. We care about local democracy, not game playing.
Affected councillors and residents do not have a vote here, but we do, and there are times when we really ought to use that vote for the common good. I feel that is not happening this evening. I hate to waste the time of your Lordships’ House, despite the fact that it is only 7 pm—it is not even my bedtime yet, and I go to bed very early.