English Devolution and Community Empowerment Bill (Fifth sitting)
(1 day, 10 hours ago)
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The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Chair
We are now sitting in public and the proceedings are being broadcast. Before we begin, I remind Members to switch off electronic devices or turn them to silent, and that tea and coffee are not allowed during sittings.
We continue our line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room, as well as on the parliamentary website. I remind Members who wish to speak that they should bob to catch my eye. If a Member wishes to press to a Division an amendment that is not the lead amendment or new clause in a group, they must inform me in advance, or I will skip straight past it. My fellow Chairs and I will use our discretion to decide whether to allow a separate stand part debate on individual clauses following a debate on relevant amendments. I hope that that explanation is helpful to the Committee.
Clause 20
Extension of general power of competence to strategic authorities
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
Since its introduction via the Localism Act 2011, the general power of competence has given local authorities the legal capacity to do anything that an individual can do that is not specifically prohibited in law. It has allowed local authorities to undertake a wider range of activities and reduced the need for the Government to issue legal clarifications or new legislative instruments.
Extending the power to all mayoral and established mayoral strategic authorities will bring consistency to the current landscape and ensure parity with local authorities, providing them with the same broad enabling power to do creative and innovative things in delivering for their communities. Foundation strategic authorities will also be permitted to exercise this general power of competence for the purpose of economic development and regeneration. This will ensure that areas can benefit from devolution.
The Greater London Authority and the Mayor of London will not receive the general power of competence. Instead, they will continue to rely on the Greater London Authority Act 1999, which provides a similarly broad general power that has served successive mayors well. I commend the clause to the Committee.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
It is a pleasure to serve with you in the Chair, Mr Stuart, and to resume consideration of the Bill.
The Opposition are proud that the general power of competence was introduced when we were in government during the coalition years. It was something that I, as a serving local authority councillor at the time, lobbied hard for. The then Secretary of State, now Lord Pickles, was very receptive to the view that local authorities should have a greater remit, rather than being constrained to do those things that they were specifically permitted to do by law.
I have a question of clarification for the Minister. She said that the general power of competence could be exercised for economic purposes. Will the authorities have the full general power of competence, or will the power be constrained to a specific set of mayoral functions? Constraining it would not be entirely consistent with what was said in previous proceedings about the use of precepts.
Miatta Fahnbulleh
For mayoral strategic authorities, it will be the full general power of competence, but for foundation strategic authorities, at the single tier level, it will be exercised in the context of economic development and regeneration; the constituent local authority that makes that foundation strategic authority already has the wider general power of competence.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 21
Power of mayors to convene meetings with local partners
Vikki Slade (Mid Dorset and North Poole) (LD)
I beg to move amendment 8, in clause 21, page 23, line 28, leave out subsection (b) and insert—
“(b) one or more of the following—
(i) health and social care;
(ii) planning;
(iii) environmental concerns;
(iv) funding;
(v) sustainability measures;
(vi) education;
(vii) transport provision and
(viii) green and community spaces.”.
This amendment ensures that mayors must consider specific community matters when consulting with local partners.
In previous contributions, my hon. Friend the Member for Stratford-on-Avon and I have made clear the importance of decision making at the lowest possible level. I welcome the explicit provision on convening meetings with partners.
On clause 20, the Minister talked about the breadth of issues that come under the general power of competence and the scope and interest of combined authorities and mayors. We are concerned that the wording in clause 21 on the topics about which meetings can be convened is too narrow, as it is restricted to the items in clause 2.
There should be an ability to convene meetings at a strategic level about matters that are not covered there, such as education. Where skills are within the remit of the strategic authority, and education remains the remit of the constituent parts, the impact and the opportunities available would be across the strategic area.
There is also a concern that while the Bill provides the opportunity to convene meetings and consult, share and partner, it does not provide any sense of obligation for a mayor to do so where others are involved. We would like to see more of an obligation on mayors, rather than a sense of, “Let’s hope they do; if they don’t, never mind.”
The amendment seeks to broaden the scope of clause 21 beyond the items listed in clause 2. I am looking for some assurance that the Minister will be interested in broadening the clause so that we get a meaningful sense of two-way discussion, where the mayor is part of that area conversation.
David Simmonds
The Opposition are not entirely persuaded of the argument for this amendment, although the point is well made. We will be listening attentively to what the Minister has to say.
We are always very conscious that there is a risk with this legislation of creating conflicts. I know you have done a lot of work in the past in the field of education, Mr Stuart; we have seen that the well-intentioned education policy of school autonomy can come into conflict with the statutory duties placed on a local authority. We need to ensure that is resolved. As we heard from the hon. Member for Mid Dorset and North Poole, education is a good example of where conflict can crop up—for example, a university technical college is part of the skills economy, but is also, for the purposes of the Bill, a school. There is a need to ensure that all those statutory duties are squared off.
Although we are not persuaded of the need for the amendment, we would like to hear what the Minister has to say so that we can be confident that those points have been fully taken into account.
Miatta Fahnbulleh
I thank the hon. Member for Mid Dorset and North Poole for her amendment. I am not sure that, as drafted, it achieves the intended effect. The Bill already defines the meaning of a relevant local matter as one that occurs within the geographical boundary of a strategic authority and relates to one or more of the areas of competence set out in clause 2. The areas of competence are deliberately broad to allow for a wide range of activities to fall within scope. However, the amendment would remove the existing references to skills and employment support, economic development and regeneration, climate change, public service reform and public safety. That risks inadvertently constraining the matters on which a mayor may convene meetings with local partners.
On the specific point about the dialogue needing to be two-way, I refer the hon. Member to the evidence we heard in the context of the Greater Manchester combined authority. Ultimately, for the mayor to have impact and traction, and to deliver, they must work with key partners, because ultimately those partners are the delivery arm of any strategic intent of the mayor. That requires two-way engagement and a two-way conversation. While we have not locked that in explicitly in the way that the hon. Member suggests in her amendment, that is fundamentally the principle that sits behind the way a mayor ought to work.
Vikki Slade
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
I beg to move amendment 84, in clause 21, page 23, line 30, at end insert—
“(1A) In section 252 of LURA 2023 (regulations)—
(a) in subsection (5)(a), after “subsection” insert “(8)(aa) or;
(b) in subsection (8), before paragraph (a) insert—
“(aa) under section 17B(5);”.”.
This provides that regulations made under new section 17B of the Levelling-Up and Regeneration Act 2023 (mayoral power to convene meetings with local partners), as inserted by clause 21 of the Bill, are subject to the negative resolution procedure.
Miatta Fahnbulleh
This Government have committed to empowering mayors to make the right decisions for their local communities—a thing that runs through every aspect of the Bill. The new power to convene meetings with local partners and the corresponding duty on those partners to respond to any meeting requests will strengthen the ability of the mayor to drive local action. The use of the negative procedure provides an appropriate and proportionate level of scrutiny for the regulations. The amendments will enable us to efficiently deliver the legislative framework needed to support our mayors to effectively use their powers to engage local partners and deliver for their local communities.
David Simmonds
We have concerns about these measures; I will briefly explain why. As we have seen in the passage of the Bill so far, much of what is proposed for mayors will cut across different Government Departments. It could have financial and legal implications for constituent authorities, and there is plenty of scope for disputes to arise, not least where there might be different political control across different authorities. Our concern is that if we go down the route of using the negative procedure, there is a risk that the awareness of the issues in government will not be triggered and that what we will, in fact, be doing is setting up the authorities to fail by not having the appropriate procedures for getting the issues resolved at the first point where they arise, rather than waiting until they are the subject of disputes in the courts. So we are not content that this is the best way to address the issue.
Miatta Fahnbulleh
I understand the hon. Member’s concern. The process is an iterative one. Strategic authorities do not operate in a vacuum. They are in constant conversation with the Government. We have set up the mayoral council as a way for us to have that conversation and dialogue. The fundamental role of national Government is to ensure that our mayors succeed. If issues arise in the way that we are seeing with existing mayoral authorities, there is a space for conversations and mechanisms for those issues to be resolved. I do not think we need an onerous legislative and regulatory procedure to resolve that. The amendment looks at the duty to convene the relevant partners. That matters where the mayor has a mandate to do something, but it requires them to bring lots of different partners around the table to deliver that. We are seeing mayors using their soft power. We have created an additional power to enable them to perform that vital function.
Amendment agreed to.
Amendment made: 85, in clause 21, page 24, line 18, at end insert—
“(2A) In section 117 of LDEDCA 2009 (orders and regulations), in subsection (3)(a), after “order” insert “or regulations”.”—(Miatta Fahnbulleh.)
This provides that any regulations made under the Local Democracy, Economic Development and Construction Act 2009 that are not subject to the affirmative resolution procedure will be subject to the negative resolution procedure. This will include regulations under new section 103B (mayoral power to convene meetings with local partners), as inserted by Clause 21 of the Bill, and section 107N (public authorities: duty to have regard to shared local growth priorities), as inserted by Schedule 19 to the Bill
David Simmonds
I beg to move amendment 295, in clause 21, page 24, line 27, leave out subsection 3.
This amendment would remove the requirement on local partners to respond to a meeting request from the Mayor.
The Chair
With this it will be convenient to discuss amendment 294, in clause 21, page 24, line 35, leave out from “specified” to end of line and insert “by the Mayor;”
This amendment would give Mayors, instead of the Secretary of State, the power to define the meaning of a local partner.
David Simmonds
The purpose of the amendments is to continue a theme that we have woven throughout our amendments to the Bill: to ensure that this is genuine devolution and that it is the mayor and local authority that make the decisions rather than the Secretary of State. There seems to be an inherent contradiction. We are talking about a devolution Bill that increases the decision-making powers of the Secretary of State to determine what goes on in each local area. The amendments seek to ensure that it is the mayor—the elected local person, of whom we have heard a great deal—who makes the decisions, and that where disputes arise, where one of the local partners feels it is not appropriate to respond to a meeting, there is provision in the legislation for that to happen. I think particularly about how the previous debate is relevant to this one.
If we look at the situation in London, the mayor has decided to spend a proportion of the mayoral precept on funding free school meals, but has not funded them sufficiently, so local authorities are faced with bills for making schoolteachers redundant because of budget shortfalls caused by that mayoral decision. There needs to be a process for resolving such issues. Simply assuming that everyone will have a meeting and that that will resolve it will not resolve those kinds of hard-edged issues. We need to make sure that local discretion works in practice and that it is not simply a matter of the Secretary of State dictating it from Whitehall.
Sam Carling (North West Cambridgeshire) (Lab)
On the subject of local partners, could the Minister confirm that the intention here is to include private sector organisations as local partners? I am keen to see mayors make the most of this power, being able to use it to ensure that conversations can take place with, for example, large local employers or anchor companies to create economic alignment, or developers and utility companies to deal with issues during development.
Miatta Fahnbulleh
I will respond to my hon. Friend’s question, and then I will address the amendments. It absolutely does apply to anchor organisations—the key people we would expect to have around the table for particular issues. We expect it to be private sector, although I think the power of direction might be a bit weaker for the mayor in that context. In order to advance an issue, it will be for the mayor to be clear about the partners that they need around the table, both private and public, and to bring them around the table. The experience of mayors has been that most of this is done voluntarily, because most partners in a place want to work together to deliver the outcome for their people. This provides an additional tool that the mayor can draw on in instances where, for whatever reason, partners are not automatically willing to come around the table.
Turning to the amendments, first, I want to flag that as drafted, they are focused on the Mayor of London. We believe they introduce an inconsistency between the powers of the Mayor of London and his counterparts elsewhere in England. They also run contrary to a central aim of the Bill, which is to standardise and simplify the legislative framework for devolution across England, including London. Clause 21 includes a power for the mayor to convene meetings with local partners on relevant local matters, and amendment 295 seeks to remove the corresponding requirement on local partners to respond. The power is designed to enable a mayor to bring the right people around the table; it is not an enforceable call-in power. That is not what we are proposing here; rather, it is aimed at empowering a mayor to work with local partners to drive delivery and better outcomes for their communities. Members will see that the requirement on local partners is proportionate and not overly burdensome. It does not obligate partners to engage or collaborate, but it requires them to respond to requests from a mayor. We hope that that triggers a process where most parties will be willing to engage or move forward.
Amendment 294 would allow the Mayor of London to specify local partners where other mayors should not, which would lead to a piecemeal and unclear definition of local partners, risking confusion at all level. Defining local partners in regulation allows for appropriate parliamentary scrutiny and will provide a single, coherent definition across England that can be understood by both mayors and local partners.
Paul Holmes (Hamble Valley) (Con)
I apologise for interrupting the Minister. I understand what she is saying, but we have seen a contradiction from the Government on Second Reading as well as in Committee. Is the meaning that they want to go a full devolution power and have mayors in power to make decisions for their local people? I think it is accepted that, across different geographical areas, there will be different local partners, so why are the Government being so prescriptive and removing the role of the mayor to govern their own corresponding responsibilities?
Miatta Fahnbulleh
I am sympathetic to the hon. Gentleman’s point. The regulation, when drafted, will be permissive, because we recognise that it will be different in different places. Through the regulation, we are trying to ensure that it is proportionate. We are also trying to make sure that the scope is drawn as broadly as possible in a way that makes sense for the mayor. I come back to the point that this is not a compulsion to be around the table; it is to trigger a process that means that if a public utility is required around the table, they have to engage. Even if the engagement is to say no which we would hope it would not be, it forces a process of engagement. We think that gives the mayor an additional tool to get the right people around the table to drive the change they want to see.
David Simmonds
My major concern is that it sounds like a mess. We can easily imagine situations, given the diverse job of the mayors and some of the ambitions envisaged for them as part of the legislation, where there will be a high degree of confusion about what is expected of whom and who has what obligations.
To simply say that it will be the subject of a permissive regulation when drafted seriously risks setting this up to fail, particularly when it comes to the envisaged economic partnerships. The Committee has not seen that regulation, and has no idea how it will work in practice at a local level.
We will push these amendments to a vote, which is all we can do at this stage. I am sure we will return to this issue during the later passage of the Bill.
Question put, That the amendment be made.
The Chair
With this it will be convenient to consider the following:
New clause 19—Duty on mayors to establish a citizens’ assembly—
“(1) After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—
‘17C Duty to establish a citizens’ assembly
(1) The mayor for an area of a CCA must establish a deliberative citizen’s assembly (“the assembly”) within six months beginning on the day of their election.
(2) The purpose of the assembly is to inform strategic decision making on relevant local matters.
(3) The assembly must comprise at least 40 persons from the area of the CCA, who are—
(a) selected by sortition or lottery, and
(b) representative of the population of the local authority area.
(4) “Relevant local matters” are such matters as the mayor may specify with the agreement of the assembly.
(5) The mayor must make arrangements for—
(a) the assembly to convene within one year beginning on the day on which the mayor is first elected, and at least once per year thereafter; and
(b) the establishment of a regular consultation process with the assembly in addition to its convening under paragraph (2)(a);
(6) The mayor must—
(a) take into account any recommendation made by the assembly either at a convened meeting, or in regular consultation; and
(b) publish a response to any such recommendation within two months beginning on the day on which the mayor first receives the recommendation.’
(2) After section 103A of LDEDCA 2009 (inserted by section 21 of this Act) insert—
‘103C Duty to establish a citizens’ assembly
(1) The mayor for the area of a combined authority must establish a deliberative citizen’s assembly (“the assembly”) within six months beginning on the day of their election.
(2) The purpose of the assembly is to inform strategic decision making on relevant local matters.
(3) The assembly must comprise at least 40 persons from the area of the combined authority, who are—
(a) selected by sortition of lottery, and
(b) representative of the population of the local authority area.
(4) “Relevant local matters” are such matters as the mayor may specify with the agreement of the assembly.
(5) The mayor must make arrangements for—
(a) the assembly to convene within one year beginning on the day on which the mayor is first elected, and at least once per year thereafter; and
(b) the establishment of a regular consultation process with the assembly in addition to its convening under paragraph (2)(a).
(6) The mayor must—
(a) take into account any recommendation made by the assembly either at a convened meeting, or in regular consultation; and
(b) publish a response to any such recommendation within two months beginning on the day on which the mayor first receives the recommendation.’
(3) After section 40A of GLAA 1999 (inserted by section 15 of this Act) insert—
‘103C Duty to establish a citizens’ assembly
(1) The mayor must establish a deliberative citizen’s assembly (“the assembly”).
(2) The purpose of the assembly is to inform strategic decision making on relevant local matters.
(3) The assembly must comprise at least 64 persons, who are—
(a) selected by sortition or lottery, and
(b) one of whom must live in each London borough.
(4) “Relevant local matters” are such matters as the mayor may specify with the agreement of the assembly.
(5) The mayor must make arrangements for—
(a) the assembly to convene within one year beginning on the day on which the mayor is first elected, and at least once per year thereafter; and
(b) the establishment of a regular consultation process with the assembly in addition to its convening under paragraph (2)(a).
(6) The mayor must—
(a) take into account any recommendation made by the assembly either at a convened meeting, or in regular consultation; and
(b) publish a response to any such recommendation within two months beginning on the day on which the mayor first receives the recommendation.’
(4) The Secretary of State may by regulations specify—
(a) the period by which the Mayor of London must appoint a deliberative citizen’s assembly, and
(b) any necessary further provision relating to deliberative citizens’ assemblies.
(5) Regulations under this section are subject to affirmative resolution procedure.” —(Siân Berry.)
This new clause creates a duty on mayors to convene a citizens' assembly consisting of local people within the first year of their election and at least once annually after this, with an additional, non-legally binding duty to take account of the recommendations from the citizens' assembly, as well as defining the term “citizens' assembly”.
New clause 42—Power of mayors to convene meetings with local public service providers and government—
“(1) After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—
‘17C Mayoral duty to convene meetings with local public service providers and government
(1) The mayor for the area of a CCA must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) Meeting under subsection (1) must occur at least every 12 months.’
(2) After section 103B of LDEDCA 2009 (inserted by section 21 of this Act) insert—
‘103C Mayoral duty to convene meetings with local public service providers and government
(1) The mayor for the area of a combined authority must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) Meeting under subsection (1) must occur at least every 12 months.’
(3) After section 40B of GLAA 1999 (inserted by section 21 of this Act) insert—
‘40C Mayoral duty to convene meetings with local public service providers and government
(1) The Mayor must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) Meeting under subsection (1) must occur at least every 12 months.’”—(Manuela Perteghella.)
This amendment would require mayors of combined authorities, mayors of CCAs, and the Mayor of London to regularly convene meetings with local government actors within their area.
Miatta Fahnbulleh
Clause 21 will ensure that mayors have the means to drive effective engagement across the communities to generate economic prosperity. We have already talked about local partners playing a vital role in this process, and in helping mayors to address shared challenges and seize opportunities, but to be very clear—I stress this again—the clause does not oblige local partners to support matters they oppose. Rather, it creates a duty to respond to a mayor’s request to meet or engage on an issue, facilitating constructive dialogue even where there may be disagreement.
Mayors have a powerful local voice—we know that; we see it across the country where there are mayors—but that soft power does not always allow them to drive forward change. The clause strengthens a mayor’s existing soft power and encourages collaboration with local partners, so they can drive growth in and deliver improvement to their communities.
Manuela Perteghella (Stratford-on-Avon) (LD)
It is a pleasure to serve under your chairmanship, Mr Stuart. New clause 42 would make it a legal duty for mayors to hold regular meetings with local councils in their area; with service providers such as the NHS, police or transport bodies; and with town and parish councils. The power to convene would become a mandatory duty to convene. In particular, parish and town councils are included on the list of bodies that local mayors are required to convene meetings with.
I used to be a parish councillor, so I know the important role that these rural councils play and the many services that they deliver. They also stepped up socially during the covid pandemic, including setting up food-share schemes and referring people to food banks if they lost their job. Town councils are also important. For example, a town council in my constituency has been fostering important community projects. One of the initiatives is working with local businesses to make Alcester a neurodivergent-friendly town—a town for all.
These councils are invaluable partners for combined authorities and mayors in the shires. Engaging with such bodies means that the combined authority and the mayor have direct insight into local issues. Put simply, the new clause would ensure that mayors regularly bring together local authorities and public services to co-ordinate on shared priorities and improve co-operation across the region.
In rural areas such as my constituency of Stratford-on-Avon, parish and town councils, as we have already discussed, are the first tier of local government. Mayors should include these important councils as partners and consult them on a range of issues. We must create a regular, structured forum for dialogue between all the key players in local government and public services.
Sean Woodcock (Banbury) (Lab)
To clarify, the suggestion in the new clause is that town and parish councils will meet the mayor once every 12 months. My constituency, which has 80 parish councils, would be part of a Thames valley mayoralty—let us call it that—that would have even more constituencies. How many days of not meeting parish councils will there be for the mayor?
Manuela Perteghella
These councils need to have a voice at the table of decision makers. The hon. Member has also been a parish councillor, if I remember properly from our last debate, so he knows how important they are as stakeholders in their local communities. There is a way of making this convening duty less cumbersome on the mayor. To be fair, though, if someone stands to be the mayor of 1.2 million people, they have a responsibility towards all of their communities.
Paul Holmes
I do not want the hon. Lady to look so disheartened, because I am about to agree with her. She looked horrified that I was intervening on her.
The hon. Lady is absolutely right that we share a concern about town and parish councils being consulted. However, does she not think that the new clause is slightly over-egging the pudding? If a mayor was worth their weight in gold, or accountable to their constituents, it would be in their own interest—in the interest of them staying in their job—to meet those people anyway. I wonder whether she thinks that the new clause may be too prescriptive.
Regarding the plan to have meetings once every 12 months, that would be perfectly achievable by meeting all the town and parish councils on the same day. To answer the hon. Member for Banbury, there would be 364 days when mayors would be able to meet other people.
Manuela Perteghella
I do not think we are seeing that at the moment. We are not seeing it with metro mayors or combined authorities, so that is why we would like to see a mandatory duty to convene.
Mayors wield significant powers over transport, housing, skills and regeneration, and it is imperative that local councils and community representatives are included in conversations about how such powers are used. New clause 42 would also promote joined-up public service delivery, because regular meetings with all stakeholders, including the first tier of councils and local services, will eventually result in better co-ordination on cross-cutting issues, which could be regional.
The measure would also—I will say this again and again—strengthen accountability and transparency in this new, exciting, revolutionary programme. Residents should be able to see that their local leaders are meeting openly and regularly, working together on the priorities that matter most to their communities. The new clause would ensure that. Fundamentally, the point of devolution is to bring power and decision making closer to the people whose lives are directly affected by those decisions.
Siân Berry (Brighton Pavilion) (Green)
It is a pleasure to serve under your chairmanship, Mr Stuart—my huge apologies for arriving late to proceedings.
I want principally to talk about new clause 19, in my name, which sets out a duty on mayors to establish a citizens assembly. It would place on the mayor of a strategic authority a duty to convene, within the first year of their election and at least once annually after that, a citizens assembly consisting of local people. There would be an additional non-legally binding duty to take account of the recommendations of the citizens assembly. The new clause defines the term “citizens assembly”, and its account of the method of selection and the need to be representative of the local community are taken from descriptions of citizens assemblies that have already been commissioned by Parliament, including on climate change.
A lot needs to be done to the Bill to help it live up to its title. There is a real need for this kind of empowerment.
Lewis Cocking (Broxbourne) (Con)
In a certain way, the citizens assembly is the electorate, and there is an election for mayors. Why does the hon. Lady feel the need for more engagement and more citizens assemblies, when there is a ballot and a free and fair election?
Siân Berry
I take the hon. Member’s intervention in good spirit. I will talk about the ability of a standing citizens assembly not simply to react—even voting, at the end of a mayor’s term, is a reactive act—but to consider and make proposals. Mechanisms for getting ground-up proposals from the local community are lacking in the Bill.
Perran Moon (Camborne and Redruth) (Lab)
For clarification, when the mayor is not meeting one of the 80 parish and town councils, they would be meeting a citizens assembly. Can the hon. Lady give an example of any precedent, anywhere, of a mayor meeting with and reporting to a citizens assembly, or is this a new proposal?
Siân Berry
The hon. Member asks about the mayor meeting the citizens assembly, which misunderstands what a citizens assembly does. It does not ever have to see the mayor if it does not want to. It is there, in its own right, to consider things. I will explain more about how they work in a moment—
Siân Berry
No, because I need to get to end of my sentence. I intend to explain how citizens assemblies are different.
Citizens assemblies are not town hall meetings, and they are not a method for the public to hold the mayor to account. They are a completely different part of democracy, and have been very successful. I mentioned that Parliament has convened one on climate change. We have also seen them used successfully to consider knotty issues in other countries, such as changing to marriage laws to be more inclusive. Where, at the political level, an issue is contentious and divisive, a citizens assembly sitting and considering it can come to quite sensible recommendations—taking politics out of it. It is a good way to build communities of democratic citizens. We know that people who take part in citizens assemblies and have their voices listened to go on to greater engagement and participation in political life.
The method of selection is essentially sortition or lottery. These are people who are akin to a jury—often they are called citizens juries—who are selected as uninterested people, so far, in the issue to be considered. They convene and set their own agenda. They will hear and request evidence. They will hear from people directly affected and potentially from experts. The agenda is driven by them. They then make recommendations. There is no requirement for the mayor to be involved in the process at all, in terms of their time, but the new clause suggests that the mayor should take account of the recommendations when they have been put together in such a careful way.
The new clause also suggests that the agenda of what would be a standing citizens assembly would be discussed and agreed between the mayor and the citizens assembly as it goes forward.
Mike Reader (Northampton South) (Lab)
I am a Labour party member, so I love a meeting that is a talking shop—anyone who has ever been to a constituency Labour party meeting will know exactly what my experience has been. The idea behind a citizens assembly is really positive—empowering people—but I see a couple of challenges. First, on the Energy Security and Net Zero Committee we looked at how we get community empowerment, and we could not find a single piece of evidence that said that standing citizens assemblies actually make a difference. They become a talking shop. Could the hon. Member give us an example of where a citizens assembly has successfully happened? That would give some precedence and make it more than just a great idea.
Siân Berry
That is a good question. Certainly, the evidence from the citizens assembly that was commissioned by Parliament to look at climate change has been extensively used by the Climate Change Committee when thinking about what interventions in climate policy would work and be more successful. I would enjoy it if more councils put together citizens assemblies on things like traffic reduction policies, because often it is the loudest voices, who are already empowered to talk in public, who are listened to most on such issues.
The closest comparison is to a jury. People respond incredibly well, individually, to being part of a citizens assembly—to the idea that they can consider the issue in the way that they choose as a group and to the way that their recommendations are then listened to. It is empowering. The fact that the title of the Bill has empowerment in it has prompted me to want to talk about citizens assemblies.
Vikki Slade
I am really sympathetic to the idea of citizens assemblies. In fact, when I was at Bournemouth, Christchurch and Poole council, we looked at how we could create something that was representative of different types of community—a quasi-citizens assembly—including carers, young people and employers, to get more genuine breadth. Having looked at citizens assemblies, the cost per assembly can be hundreds of thousands of pounds. Within the hon. Member’s vision for the new clause, does she have any idea of what the costs might be? Those might need to be balanced.
Siân Berry
When I was a local councillor, we spent tens of thousands of pounds on a citizens assembly—again, that was to look at climate measures and issues around reducing traffic and air pollution. I believe it is good value.
Sean Woodcock
As a Cherwell district councillor I was very keen on promoting citizens assemblies for the purpose of discussing climate change, but that is not the only thing that people might want to gather to talk about. Is the assumption that the subject would be prescribed by the mayor, or would it be okay for a citizens assembly to get together to discuss the death penalty, immigration or whatever? Could the hon. Lady clarify that?
Siân Berry
The new clause specifies that an assembly would consider “relevant local matters” and that those are matters that would be agreed between the mayor and the assembly. Any sensible body would want to be considering issues that are soon to be the subject of decisions by the mayor—that would make perfect sense.
I will cite some polling to show that the public do not have much of a problem understanding this concept. When asked by YouGov in 2023, 55% of people said they would trust a citizens assembly to make policy recommendations in their “best interest”. That compares with 14% of people trusting MPs. In May 2024, YouGov asked the public if they would trust a citizens assembly “a great deal” or “a fair amount” to tell them the truth. Fifty-nine per cent said they would, compared with 17% of people who would trust MPs. Hon. Members can see that this is something that the public respond positively to.
Certainly a mayor who is governing a very large area and seeking to win consent for a policy would do well to have put in place a process of consideration by a citizens assembly. I hope that good mayors out there would use the process to engage citizens as part of wider consultation measures, to get comments on their proposals from people directly affected and a representative sample of the local public.
The proposal is supported by Compass, which I worked with in drafting it. In its “From Whitehall to Townhall: What the English Devolution Bill Needs” report published in August, Dr Jess Garland wrote:
“Across the country, councils have used citizens assemblies to understand local priorities on issues from climate to neighbourhood policing. These practices engage a randomly selected and representative group of residents in the decision-making process, learning about the challenges and trade-offs, and coming to decisions collectively. Such measures aim not to replace representative political structures but to support and add credibility to them, helping tackle difficult issues and improve understanding of local priorities, but they have a wider benefit, helping to build the trust and connection that underpins a thriving democracy.”
Paul Holmes
I rise to speak to new clause 19 in the name of the hon. Member for Brighton Pavilion. I wholly respect the reasons why she tabled it. However, I intend to speak against it, because of the burdens that it would place on the mayor, as well as some of the additional costs that it would introduce, as the hon. Member for Mid Dorset and North Poole intimated.
I should declare at the very beginning that I am a firm believer in democracy. Just as my party does when it puts itself forward to run this country and I stand for election, everyone who wishes to be a mayor will put before their electorate a manifesto, and if those manifestos are worth the paper they are written on, they will state very clearly what that mayoral candidate intends to do during their term. Occasionally, the Labour party adds things that were not in its manifesto, or possibly drops things that were in it, but a prospective mayor’s manifesto should be very clear about what they want to do for their residents.
Therefore, residents who engage with the electoral process—granted, turnout needs to be higher—will know very clearly what the winner was promising, whether they disagree with them or not. I am accountable to my constituents. A mayor will be accountable to their constituents. What is the point of establishing another body that chooses to meet when it wants and, as the hon. Member for Brighton Pavilion said, might not even need to meet the mayor?
Siân Berry
I agree that a citizens assembly is not about accountability, but would the hon. Member care to comment on the issues that I raised about trust and consent for policies that are being put forward for implementation?
Paul Holmes
I will—that is called an election. That is my point. I understand that the hon. Lady comes at this from a genuine position—I hope she accepts that I do, too—but the accountability and trust element is a general election, or an election for the role of mayor, at which they will be held accountable for whether they have committed to and, more importantly, delivered what they said they would do. That is the key process, and key accountability structure, of the Bill.
Although new clause 19 is very well drafted, it would place a huge cost burden on the new authority, or the mayor, to establish a citizens assembly, not to mention the administrative burden of selecting 40 people from the area “by sortition or lottery”. Although I do not believe in prescriptive legislation, I think that the new clause would be open to interpretation in many different ways and would add huge costs to the operation of the authority or the mayor, at a time when it is generally accepted that the public finances are not in the way they should be. The mayor must not be overburdened in delivering their key priorities and strategic aims by the additional expenditure that would be required.
Vikki Slade
I think there is absolutely a role for citizens assemblies. What does the hon. Member think about asking the Minister to look at a role for citizens assemblies but without the prescription about 40 people? In an area of 1.2 million people, 40 would not be representative; we might want to make it much bigger or have it convene on an ad hoc basis. We might want to create something in the legislation, but possibly not what is proposed.
Paul Holmes
The suggestion fills me with horror—I am open in saying that it fills me with utter dread. The electoral process is the point. The hackles on my neck stand up when the words “citizens assembly” are mentioned because we have the electoral processes. Already, every day, people out there in our communities form groups and challenge the mayor. Every day in this job, we are lobbied by groups with well-intentioned policy aims.
Siân Berry
Has the hon. Member considered the occasional lack of involvement in those groups by a genuine cross-section of the community, and how a citizens assembly could directly address that problem?
Paul Holmes
I think that most campaigning groups are filled with people who are utterly enthralled and want to achieve the outcomes of that group. It is a bit of a generalisation to say that there is not a proper cross-section of the community in those groups, because those people are motivated by an interest and an issue that affects them and their lives every day.
The cost and the administrative burden really concern me. The hon. Member for Brighton Pavilion outlined that new clause 19 would not necessarily force the mayor to engage with the citizens assembly—I believe she said that it “suggests” they should do so—but the new clause clearly states:
“The mayor must…take into account any recommendation made by the assembly either at a convened meeting, or in regular consultation; and…publish a response to any such recommendation within two months beginning on the day on which the mayor first receives the recommendation.”
That is a very different proposition.
Siân Berry
As I understand it, the drafting means that recommendations could be made by the assembly
“either at a convened meeting, or in regular consultation”.
Paul Holmes
Subsection (6) of the new clause’s proposed new sections clearly states the words I quoted, which include:
“The mayor must…take into account”.
Therefore, what the hon. Lady has said about what the new clause would establish is not necessarily correct. I believe that it would overburden the mayor in his day-to-day role.
I hope that those who read the Hansard report tomorrow will see clearly that I am very much not in favour of citizens assemblies. If a citizens assembly wants to get in touch with me, I will make that very clear. I am not against scrutiny or accountability and I am certainly not against constituents getting in touch with me to suggest how they can make their area better—that is why I am in politics. We all do that every day.
Every mayor, including the Mayor of London and hopefully the Mayor of Hampshire and the Solent, when that role is established, is a politician who is accountable to their electorate. The new clause would overburden the role of the mayor at a time when finances are already tight. I oppose it, and I hope that my party spokesman will too.
David Simmonds
I entirely disagree with my hon. Friend—he has not been nearly vocal enough in expressing the level of his concern.
The faults in new clause 19 are multiple. It would compel mayors, in a Bill that is supposed to be about devolution. Having spent a part of my life engaged with deliberative democracy and citizens assemblies, I agree with my hon. Friend. While I am sure they were an uplifting experience for all concerned, they achieved absolutely nothing. They wasted a huge amount of taxpayers’ money. If we reflect on the previous Labour Government’s Local Agenda 21, all the money was spent on meetings to discuss what to do about climate change, and there was nothing available to implement any of it. On Building Schools for the Future, years were spent on consultations and project planning, with not one brick laid and not one school roof repaired as a consequence. We have seen lots of examples where these kinds of processes have led citizens up the garden path.
The point about trust and consent is an important one. I reflect on my own party’s experience in government during the pandemic of low-traffic neighbourhoods. A vocal minority argued for them, but did not remotely gain the trust and consent of the affected residents. That sparked a backlash, which has led to their removal, at great expense to the taxpayer, in order to enable people to go about their daily lives. Our experience with these processes is quite negative. If a mayor wishes to implement such a process, in particular on a specific policy area, they should be free to do so, but they should not be compelled. I suspect we and the Government will find common cause on that.
The hon. Member for Banbury made reference to talking shops. We do not like talking shops in the Conservative party. I am sure he will find one quite easily if he wishes to continue his proposed debate about capital punishment and the death penalty—I am sure there are many people who would like to discuss that. It is really important that mayors are focused on the things that they can do on behalf of their constituents. We should not set up authorities that are there to talk; they should be there to do things on behalf of their constituents.
Miatta Fahnbulleh
I thank the hon. Member for Brighton Pavilion for tabling new clause 19. I have a lot of sympathy and support for the concept of citizens assemblies, so I have sympathy for the intention behind the new clause, but it is really important that mayors, as locally elected leaders in their region, should have the ability to decide how best to engage with their local communities.
Mayors can already convene citizens assemblies using functional and general powers of competence as a way of hearing from local people and ensuring that local voices play a role in decision making. I give the hon. Lady the example of the Mayor of the West Midlands, and the Mayor of South Yorkshire, who held a citizens assembly on climate—they are already happening across the country.
Once the Bill becomes law, all mayors will have the general power of competence that we have talked about, which will enable them to convene citizens assemblies should they wish to do so. However, as other hon. Members have said, placing a duty on all mayors to convene a citizens assembly, irrespective of whether it is appropriate or how costly it is, would take away the local choice of mayors to decide how best to engage with their residents. I therefore ask the hon. Lady not to press the new clause.
On new clause 42, I again completely recognise the spirit in which it has been tabled. It will be important for all mayors to engage with the wider public and with local authorities when delivering their functions. On that we are completely agreed. However, the Government cannot accept the new clause, because, as my hon. Friend the Member for Banbury said, it would impose a disproportionate and unworkable administrative burden on mayors of strategic authorities. By way of illustration, North Yorkshire alone comprises 729 individual parishes, which are organised into 412 town and parish councils. Expecting a mayor personally to discharge the proposed duty in respect of each body would, I fear, be impracticable and inevitably crowd out the time needed for the office’s other core strategic responsibilities: driving change and economic outcomes across the area.
Furthermore, many public service providers will be commissioned and contract-managed by local authorities. Superimposing a parallel mayoral duty would blur lines of accountability, cut across established commissioning arrangements, and risk duplication, confusion and delay. I therefore hope that the hon. Member for Stratford-on-Avon will not press the new clause, however well-intentioned it may be.
Question put and agreed to.
Clause 21, as amended, accordingly ordered to stand part of the Bill.
Clause 22
Duty of mayors to collaborate
David Simmonds
I beg to move amendment 296, in clause 22, page 25, line 29, at end insert—
“(7A) The guidance issued by the Secretary of State under section 7 may not include a role for trade unions.”
This amendment would prevent the Secretary of State from creating a role of trade unions in the execution of mayors’ duty to collaborate.
I shall speak briefly about the motivation for tabling the amendment. A concern that has run through the Opposition’s responses to a number of the Government’s measures, especially in the space of economic development, is that the Government have chosen not to enshrine the roles of businesses, entrepreneurs or local employers, but always to give a statutory privilege to trade unions to be part of discussions. Although it is wise for any local leader to include the broadest possible range of stakeholders, singling out one, which serves the interests of only one group—sometimes at the expense of others—is simply not a process that any democracy should envisage. We tabled the amendment to ensure that that is not the case in the Bill, and we will press it to a vote. We are clear that, following a change of Government, this is one provision that we would seek to repeal very rapidly.
Miatta Fahnbulleh
There are two issues with the amendment. First, we believe that it could create an inconsistency between the powers of mayoral combined authorities and their equivalents elsewhere in England, because it would change only the Levelling-up and Regeneration Act 2023.
More fundamentally, we have already talked about the duty to bring local partners around the table. Underneath that is a presumption and expectation that all relevant parties, including parties in the private sector, that are fundamental to the mayor driving outcomes on behalf of his voters and residents come together to deliver things. There is a vital role for trade unions both in being a clear voice for workers in an area and in being a fundamental part of that economic partnership to drive outcomes.
David Simmonds
May I ask the Minister to clarify something? Some 70% of workers in this country are in an enterprise with fewer than five employees in total. Where is their voice at the table? Why is it only the unions representing large-scale organised labour that are compelled in legislation to be at the table when the mayor makes decisions?
Miatta Fahnbulleh
Business organisations, whether small businesses, the Confederation of British Industry or chambers of commerce, will inevitably be around the table when a mayor worth their salt is making economic decisions and driving forward strategic partnerships.
The Government believe that as part of that partnership between workers, businesses and civic leaders, it is right that trade unions are firmly around the table. They give voice and expression not only to their individual members but to key concerns for workers across the piece. We do not resile from that; we think it is critical.
Paul Holmes
Correct me if I am wrong—it may be very rare, but sometimes I am—but earlier, the hon. Member for North West Cambridgeshire asked the Minister for assurance regarding the ability of a mayor to engage with businesses to further economic regeneration across the country. Why has the Minister decided to legislate for mayors to consult with trade unions, but not—to the point made by my hon. Friend the Member for Ruislip, Northwood and Pinner—with private business, which represents vastly more economic output and employers than the trade unions do? Why is she doing that?
Miatta Fahnbulleh
We are clear that the duty to collaborate will include a wide range of partners. We are going through a process of engaging with and consulting mayors to make sure that in secondary legislation we fully reflect the sorts of partner they want around the table. We believe that trade unions should have a place at the table. We are taking a set of actions to empower trade unions, because we think it is the right thing to do for our economy, so it is important that we include them within the duty to collaborate.
Lewis Cocking
The Minister has said previously, “We want to empower local communities,” “We want mayors to have freedom,” and, “We want mayors to have choice,” but in this case she is prescribing which organisations should be around the table. How do those two opinions meet? In some cases, she is saying she wants mayors to have the freedom and the choice to drive local communities, but in this case, she is prescribing organisations that should be at the table.
Miatta Fahnbulleh
We will specify in secondary legislation the range of local partners, based on feedback from mayors. Again, this is not compulsion; we think it is really important that civic organisations, local leaders and the mayoral strategic authority engage with organised labour. That is part of the economic model that we think is right, because it means we have the voice of organised labour around the table, driving outcomes on behalf of workers. I know the Conservative party struggles with that, because the idea of empowering workers is a bit of a strain for them, but Labour is very clear. We are building a model that ensures we have the voice and representation of labour alongside businesses and our civic leaders, driving change in the economy for working people.
David Simmonds
I spent many years chairing employers’ organisations, negotiating with trade unions about all kinds of matters. I have a very high degree of respect for them in the space in which they have expertise, but I do not really understand the Government’s rationale for arguing for a model in which one specific group—perhaps coincidentally, a very large-scale Labour funding group—is given a privileged place at the table when decisions are made about political matters for which the mayor is elected. That place at the table is not protected in statute for anybody else affected by it. That seems to me to border on abuse of the political process. It is very serious to be putting trade unions in a position to make decisions on matters that are not remotely within their area of competence and for which they have no mandate whatever. It is simply unacceptable.
Paul Holmes
I want to make some brief remarks agreeing with my hon. Friend. I have negotiated with trade unions and I have a huge amount of respect for them. When I was cabinet member for children’s services and learning at Southampton city council, a hugely unionised organisation, I was responsible for negotiating some of the pay contracts for our really important staff. I had a very productive relationship with my trade union representatives and held them in great respect, as my hon. Friend did his when he was deputy leader at a local authority.
We are not anti-trade union, but we do not believe that there should be political favouritism for organised labour, where private business is essentially left out. Why does the Minister believe that organised labour, who, I must say, have intrinsic links with the Labour party movement, should have that prestigious and privileged seat at the table with the elected mayor? The Minister has resisted legislating for a mayor to have a duty to ensure that private business is included around that table; she is leaving that to the direction and the whim of the mayor elected at the time. Why can she not take that same attitude towards organised labour and the union movement?
Finally, I would say that this is very closely bordering on abuse of the political system. We on this side of the House firmly believe that. [Interruption.] Government Members can chunter as much as they want, but I ask them again: when they go around their constituencies and speak to private businesses that have been drastically affected by the decisions of this Government, will they say to those businesses, “It is absolutely fine that, when you get a mayor, you will not be legislatively consulted, but the unionised, organised labour workforce will be guaranteed a prestigious seat at that table”? That is a clear blurring of the lines on what a mayor should be doing. That is why we in the Opposition are opposed to that legislative proposition. As I have said clearly, Conservatives—including any Conservative Government and my hon. Friends and I here today—are not anti-trade union, but the measure gives legislative access on a dangerous scale, and that is why we will be opposing it. [Interruption.] The hon. Lady is welcome to intervene if she wants to.
Miatta Fahnbulleh
I do not want to drag out this debate any further, but I think the hon. Gentleman is over-egging this. This is a duty to collaborate; it is not about decision making. Any mayor worth their salt will collaborate with key businesses in their local area if they want to drive economic outcomes. We have also been clear that we will put in place regulations outlining the set of partners, including local partners.
I hope the Opposition understand that it is not always second nature for mayors to decide that they want to collaborate with trade unions. [Interruption.] Well, our view is that they should, because we think it is important that workers are part of that collaboration and work as part of that partnership.
Paul Holmes
The Minister is absolutely correct when she says that a mayor should, if they are worth their salt, discuss and collaborate with business. I entirely agree with her on that, but she has not ensured that that is enshrined in legislation. What she has enshrined in legislation is that organised labour and the trade unions should be around that table. If she really believed in equal access for everybody who contributes to economic output in our regions, she would include private business on the face of the Bill.
As I say, this is a dangerous precedent to set; it is favouritism. It is privileged access to the mayor for organised labour, and I think that is a bad thing. If the Minister wanted to give organised labour parity with private business, which delivers economic growth across this country, she would have our support, but she certainly does not have our support for the privileged position that she is putting our trade union movement in.
Miatta Fahnbulleh
We are clear that if a mayor is serious about driving economic outcomes in a way that works for their community, they must collaborate with a set of partners. That 100% includes private business, and will include anchor organisations, but it should also include trade unions. The duty to collaborate will be broadly set. We will lay out the set of partners in regulation, but that will be dictated by the feedback that we get from mayors. I therefore ask that amendment 296 be withdrawn.
Question put, That the amendment be made.
David Simmonds
I beg to move amendment 297, in clause 22, page 26, line 22, at end insert—
“(3A) If a collaboration request is denied by mayor B, the request may not be appealed or reissued for the same purposes.”
This amendment would prevent a collaboration request which has been denied by mayor B from being appealed or reissued.
The Chair
With this it will be convenient to discuss the following:
Amendment 298, in clause 22, page 29, line 27, at end insert—
“(3A) If a collaboration request is denied by mayor B, the request may not be appealed or reissued for the same purposes.”
See explanatory statement for Amendment 297.
Clause stand part.
David Simmonds
The purpose of amendments 297 and 298 is to forestall the possibility—with reference to the Minister’s earlier comments—that, when in response to a request to collaborate or engage with an issue an organisation legitimately says it is not prepared to do so, that is followed by multiple repeated requests, which would create a situation in which there was a foreseeable conflict that should be avoided. That is the purpose of the amendments, which sit together. We will see what the Minister has to say about how that particular risk will be managed.
Siân Berry
I am speaking to clause stand part. Broadly, I very much support the duty. I do not agree with the amendment moved by the Conservatives. I cannot see how that would be logical or work when a mayor or council might well change. Similarly, in the sense that I would like it clarified today, I raise the issue of why the clause only seems to allow for collaboration between pairs of mayors. The various proposed new sections for the different Acts in this clause—often in the proposed new subsection (4)—seem to mandate that the two areas must be adjoining. A mayor may therefore only make a request to a neighbour, and I do not think that they may request to collaborate with a number of neighbours. However, a key transport connection in the strategic rail or road networks could lie in the next mayoral area beyond. A mayor might want to approach the other mayor about the possibility of collaborating on approaching Great British Railways about some financing ideas, for example. Likewise, a key hospital or employer might be in a nearby mayoral area that is not adjoining—a collaborative project at a strategic mayoral level might still be appropriate.
For a mayor in the middle, potentially a chain of collaborations could be set up, but were it a transport link, if the mayor in the middle was not that bothered or was focused on other things, such as digital tech rather than transport links, they might be able to stand in the way. I want to check whether the clause needs some amendment to allow for more flexibility in how mayors collaborate, and with which other mayors.
Miatta Fahnbulleh
I note that amendments 297 and 298 relate only to the mayors of combined authorities and combined county authorities, not to the Mayor of London. That inconsistency runs contrary to the Bill’s goal of standardising and simplifying arrangements across England. More broadly, the clause already gives mayors discretion to decline a request to collaborate. The provision is intentionally flexible—it would not be appropriate or practical to prescribe those interactions in statute in advance. Any issues around repeated or unreasonable requests can be addressed through statutory guidance, to which mayors must have regard. That guidance will set clear expectations for constructive engagement without imposing unnecessary legal rigidity. Mayors should retain the freedom to initiate or decline collaboration requests as they see fit, provided they act reasonably and in accordance with any guidance.
David Simmonds
Following discussion with colleagues, we remain concerned about this, but we made the point in earlier debates and there has already been a vote on a similar issue. I therefore beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 22 ordered to stand part of the Bill.
Clause 23
Regulation of provision of micromobility vehicles
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
The clause gives the Secretary of State the ability to empower local authorities to license on-street micromobility services, such as dockless cycle schemes, operating in their areas. The market for those services is currently unregulated. Operators do not have to get permission for services, and local leaders are limited in their ability to address antisocial behaviour and poor parking. We have all seen the issues created by rental e-bikes obstructing pavements. It is apparent in my constituency, and I know that other hon. Members will have it in theirs. The Government remain committed to keeping streets safe, and the clause will tackle this directly.
Local leaders have been vocal about their need for more powers to ensure that schemes work for their communities. We want more shared cycle schemes across the country, and ensuring that local leaders have the powers to manage them properly will be key to delivering sustainable, long-term growth of these services. The industry is also keen to see regulation, but the patchwork system is creating burdens on business and holding back growth and investment in the sector.
Lewis Cocking
This is one of the good clauses in the Bill, but I would like the Minister to clarify this. A number of authorities want this power now to combat the issues she just spoke about, so where strategic authorities do not exist, is there any way for even county authorities to get those powers, if the Bill receives Royal Assent?
Miatta Fahnbulleh
The clause gives the ability to empower local authorities.
Lewis Cocking
In that sense, if an authority wants one now but is not on the devolution priority programme and does not have a strategic authority coming, will it be able to get those powers upon Royal Assent?
Miatta Fahnbulleh
Yes. Where a local transport authority exists, the power will essentially be conferred on it.
We will discuss the detail of the regulatory framework when we come to schedule 5. I commend the clause to the Committee.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Schedule 5
Providers of micromobility vehicles
Vikki Slade
I beg to move amendment 372, in schedule 5, page 124, leave out lines 1 to 14.
This amendment would remove the Secretary of State’s power to make regulations which create exemptions from the prohibition on the provision of micromobility vehicles without a licence.
We welcome the clarification that micromobility vehicles will be licensed, but I am slightly concerned—I hope the Minister will provide some clarity—that the broad nature of the provision may inadvertently catch hundreds of leisure-hire businesses in tourist areas such as the Camel trail in Cornwall, the New Forest and parts of the Purbeck, where visitors can hire bikes from a public place. Those businesses do not need to be licensed, and licensing them would create a huge burden on the council and on those small businesses. They may be covered under the exceptions in proposed new section 22G, but if that is the case, it does not feel defined precisely enough—it talks about a person having made
“arrangements between the licensing authority and that person”.
I would like some clarity that the new section will not inadvertently capture businesses that are not share schemes whereby people pay by the minute or by the hour, which I think is the intention of the legislation.
We have Beryl bikes in Bournemouth, Christchurch and Poole, and in parts of Dorset. Such schemes are excellent and licensing them is a great idea. We want more measures to be put in place to protect pedestrians and road users, particularly from scooters. We have seen so many cases of unregulated and unlicensed scooters travelling at as much as 30 or 40 mph on pavements. Any additional measures to prevent that will be useful.
We also see a lot of e-scooters and e-bikes being used in crime. In Dorset, innovative work is happening, with smart water being used to spray offenders as they go, thereby allowing them to come back later and not risk either the offender or the police in a dangerous chase. Whatever we can do to make the legislation tighter for organisations would be a good thing.
I am sure I am not alone in regretting the fact that we still do not have clarification of the law on the private use of e-scooters and other micromobility vehicles. I am concerned that if local and strategic authorities are going to get more powers to license vehicles that are used through hire organisations, it will be a real missed opportunity if the Department for Transport were not encouraged to bring forward a decision on private use at the same time. So many local authorities get calls from the public about problems only part of which local authorities can deal with. Councillors’ and MPs’ inboxes are filled with people asking, “Why can’t you act on x?” We reply, “Well, we cannot act on that bit, but we can on that bit.” Alignment in respect of the use of micromobility for public or private use would be really helpful.
My particular concern, and the reason for the amendment, is that schedule 5 caveats important powers granted to strategic and local authorities by allowing the Secretary of State to override them with new regulations at any point of their choosing. That would appear to have a direct effect on the number and types of locations, as well as the purpose for their use. A situation last year demonstrates the point. Bournemouth, Christchurch and Poole council wanted to extend its successful partnership. We had no e-bikes in Christchurch, where the population was oldest and most in need of e-bikes, and we wanted to increase the physical number of scooters from 500 to 1,000, because the scheme was so successful. But the council was forced to come to the Secretary of State to get permission for changes that everybody locally wanted and that the provider could deliver, and we missed a window in the season when we would have got really strong use.
The amendment would delete lines 1 to 14 on page 124 of the Bill, so that the power truly remains at the local authority level, rather the powers just granted being undevolved by allowing the Secretary of State to override them. I will be grateful to hear the Minister’s thoughts on that.
Miatta Fahnbulleh
I thank the hon. Lady for tabling the amendment. I have a lot of sympathy for the principle behind it. The framework that we have set out is necessarily broad in scope to capture all types of micromobility schemes, including those that may emerge in the future. We have made it clear, however, that the exception power ensures proportionality in licensing to avoid unnecessary burdens on, and the criminalisation of, businesses such as those to which she referred that operate small, low-impact schemes. We have specified the type of exemptions that we expect we might make in order to keep the scope of the power contained—for example, community schemes with a handful of cycles, or cycle hire on privately owned but publicly accessible land. While I accept the sentiment behind her proposals, I do not believe that the amendment is needed. I therefore ask that it be withdrawn.
Vikki Slade
That deals with my first concern, but the second one was about subsections (2) and (3) in proposed new section 22G on the first 14 lines of page 124. However, I apologise and withdraw my comments—the clause applies specifically to the exemptions and not to the ruling. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
David Simmonds
I beg to move amendment 300, in schedule 5, page 128, line 11, at end insert—
“(3) The regulations must include a requirement for the license holder to maintain sufficient docking space for the micromobility vehicles for which they hold a license.
(4) The regulations must include requirements for license holders which would require them to ensure that the micromobility vehicles for which they hold a license do not obstruct any highway, cycling path, footpath, bridlepath, or subway.
(5) The regulations must stipulate that failure of license holders to comply with subsections (3) and (4) will warrant a loss of license.”
This amendment would require that regulations ensure that license holders for micromobility vehicles are responsible for maintaining sufficient docking space for their vehicle and ensuring their vehicle does not obstruct any highways or public paths, or else lose their license.
From the interactions so far on the subject, I feel as if there is a high degree of consensus on this point. The purpose of the amendment is to ensure that any regulations under the Bill will answer some of the questions that many of our constituents have been asking about such micromobility schemes. A number of Members present have a particular interest in this topic and a series of pilot schemes across the country on the hire and use of micromobility were broadly modelled on some of the previous schemes that were introduced to improve access to bicycles. They have met with mixed reviews.
The key thing that comes up repeatedly is the number of micromobility vehicles that are left to cause obstruction to people who have disabilities, parents who have pushchairs, people who have vision difficulties or are partially sighted, and those who are undertaking duties such as repairs, maintenance and cleaning. They all can find such vehicles a significant problem if not properly managed. The purpose of the amendment—I particularly draw attention to proposed new subsection (5)—is to be clear that if the provider of the scheme fails to manage its vehicles properly, the licence may be removed. I am open to what the Minister has to say about how such a provision could be enshrined.
Paul Holmes
Does my hon. Friend the shadow Minister agree that part of our problem in many of our city centre locations, as he rightly outlined, is the impact of the vehicles being discarded across the pavements? The operators do not necessarily have the wherewithal or enforcement ability to take responsibility. Does he agree that the amendment absolutely places that responsibility on them, so that there is no doubt about their duties with regard to the public?
David Simmonds
My hon. Friend is absolutely right to spotlight what is at the heart of the matter. The learning from the pilot schemes is that they are widely engaged with and used, and I know Members of this House who use micromobility hire as part of their commuting near the Palace of Westminster. Such schemes potentially form a responsible and useful part of our transport system, but we need to ensure that the issues that persist in undermining them are addressed. I will listen closely to what the Minister has to say about how the Government propose to deal with the issues.
Ordered, That the debate be now adjourned. —(Deirdre Costigan.)