(2 days, 4 hours ago)
Public Bill CommitteesGood morning, Dame Siobhain. It is a pleasure to see you in the Chair once again, and to see everybody on the Committee on this very sunny Thursday morning. I know everybody is delighted to be here, and I welcome the Minister too.
The amendment would allow the Secretary of State to make regulations that would allow certain functions of single foundation strategic authorities to be exercised only by the mayor of that authority. Amendment 309 would create additional boundaries for regulations that may provide for a function of a strategic authority to be transferred to the authority’s mayor. In essence, we believe that amendments 307 to 309—we will come to amendment 308 in the next grouping—would address the issue that single foundation strategic authorities such as Cornwall currently cannot access the highest level of devolution, because the Bill only allows for combined or county combined authorities with a mayor to exercise the functions that the Government are putting forward.
Amendment 307 promotes fairness and flexibility by allowing foundation strategic authorities such as Cornwall to benefit from the same level of democratic leadership as combined authorities. That would empower local areas to choose a directly elected mayor if they wish, strengthening accountability and enabling them to access greater devolved powers, which the Minister has outlined as a key priority for the Bill.
Amendment 309 would enable the Secretary of State to transfer functions to a strategic authority’s mayor, and would ensure that devolved powers can be effectively localised and exercised by accountable leadership. The amendment would complement amendments 307 and 308, by giving mayors the tools they need to deliver on local priorities, ensuring that devolution works in practice, not just in principle.
I will move amendment 308 at a later stage, but together, our amendments would effectively let foundation strategic authorities have mayors and the associated powers of delegation and function transfer, putting them on par with mayoral CAs and CCAs, and I encourage the Government to support them.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
It is a pleasure to serve with you in the Chair, Dame Siobhain. Let me take amendment 307 first. To be clear, the single foundation strategic authority will not have a mayor. That is not the intent of the provision or of the Bill and it is not in the Government’s plans. Invariably, however, we want to be sure that at every level we are devolving power. Certain powers will be devolved to single foundation strategic authorities, such as Cornwall, in order to enable it to respond to some of its issues. We are also clear that certain powers will be reserved to mayors, because a level of democratic accountability is critical to the exercise of such powers. That is the distinction that we have made throughout the design of the policy and it is built into the Bill.
Amendment 309 is out of the step with the Bill’s objective of streamlining the process for conferring and modifying the functions of strategic authorities and mayors. The Bill already puts in place sufficient guardrails when functions are transferred to mayors. When making functions exercisable by the mayor, it is already the case that constituent authorities will be consulted before such a change. Requiring the consent of those authorities will create an unnecessary barrier to enabling mayors to take on functions and to get on with the job delivery, which is what we need of them.
Finally, many mayors can already appoint political advisers—another piece of amendment 309—as agreed through the establishment of statutory instruments. The Bill will also allow mayors to appoint commissioners to support them in the exercise of their functions. That is the right balance to be struck to ensure that the mayor has what he or she needs to do the job that their constituents or voters require of them. With that, I ask that the amendment be withdrawn.
I hope that the Minister understands our motivation for tabling the amendment. We are not trying to score a political point, but to strengthen the Bill. I am reassured that the Minister has given us some reassurance that she sees that every kind of authority should be devolved and that the powers should be aligned with those. We may come back to this on Report, but I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I beg to move amendment 308, in schedule 23, page 237, line 30, at end insert—
“Functions moving from mayors to deputy mayors and strategic authority members
5A (1) Regulations may provide for the mayor of a strategic authority to allow any function of the mayor to be exercised by—
(a) the deputy mayor,
(b) a member of the relevant strategic authority,
(c) a committee members of the strategic authority appointed by the mayor.
(2) Regulations may create requirements for the committee in sub-paragraph (1)(c) including—
(a) requirements about the membership of the committee,
(b) requirements about the appointment of a chair of the committee,
(c) requirements about the process by which the mayor may appoint members to the committee,
(d) requirement about the committee’s voting procedures,
(e) requirements about information which must be disclosed by the strategic authority to the committee.”
This amendment would allow the Secretary of State to make regulations to allow a mayor to delegate exercise of a function to a deputy mayor, a member of the relevant strategic authority, or a committee of a members of the relevant strategic authority.
This amendment, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner, is an extension to my earlier amendments 307 and 309, as I said. In essence, it would allow the Secretary of State to make regulations to allow a mayor to delegate the exercise of a function to a deputy mayor, a member of the relevant strategic authority or a committee of members of the relevant strategic authority. Allowing mayors of strategic authorities to delegate functions would ensure consistency with existing mayoral models, making government more effective and responsive. The amendment would provide practical flexibility so that mayors can share responsibilities appropriately and ensure that local decisions are made at the right level.
I expect the Minister to resist the amendment, but I look for some reassurance on whether we can ensure that the Bill brings some standardisation, an efficient transfer of functions and efficient exercise of the functions proposed. I am interested to hear her thoughts, but at this stage we do not intend to press the amendment to a vote, depending on what the Minister comes back with.
Miatta Fahnbulleh
Again, I understand the intent behind the amendment. I would say that mayors are already able to delegate the majority of their functions to deputy mayors and to members of constituent authorities. In the evidence session, for example, Councillor Bev Craig from Manchester was responsible for the economic development portfolio in Greater Manchester. Such functions are already in place. In part in recognition of the fact that local councillors, in particular leaders and cabinet members, have busy paid jobs, we want to increase the mayor’s pool of support, which is why we are creating the ability for the mayor to appoint and to delegate functions to the commissioners. That will give the mayors options. We are not specifying how the mayor should do it, and ultimately each mayor will figure out what works for their area and the mix between deputy mayors, commissioners and lead members, but this provision will increase the pool and the options available to them.
We are content with that answer, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the schedule be the Twenty Third schedule to the Bill.
Miatta Fahnbulleh
The schedule is introduced by clause 50. I have already spoken about why the clause should stand part of the Bill. As I explained previously, the schedule is essential to providing Government with the powers to add new functions to the framework. That will ensure that strategic authorities and mayors have the powers they need to deliver for their local people, which is what all this is about. I commend the schedule to the Committee.
Question put and agreed to.
Schedule 23 accordingly agreed to.
Clause 51
Health service functions: application of existing limitations on devolution
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
This Government want to ensure we have a national health service that is fit for the future, and we are doing huge amounts to repair the damage to the national health service done by the Conservative Government. That is a core function of what we are doing. It is therefore right that certain core functions, such as the NHS constitution or university clinical training, remain the responsibility of the Secretary of State for Health and Social Care. This clause retains the existing limits on the devolution of health functions in England. Protections against devolving health functions are not new—they have been in place since the Government began the process of devolving functions to combined authorities—and the Bill maintains them. I commend the clause to the Committee.
I was going to stay quiet, but unfortunately for the Minister I was inspired by her speech, so I hate to disappoint the Government Whip by speaking very briefly. The Minister, quite rightly—it is her job—outlined that she wants to rectify some of the supposed damage done to the national health service over 14 years, but I gently remind her that waiting lists are increasing and that the Secretary of State for Health and Social Care is looking at possible strike action while putting forward a reorganisation that he cannot afford.
I look to the Minister for some reassurance regarding whether wider health policy, such as that reorganisation and some of the local functions of integrated care boards, which we know are changing, may affect the provisions in the clause. Could there be some effect on the ground that may create delay or necessitate some changes to the clause in the longer term?
Miatta Fahnbulleh
Obviously, the NHS is going through huge reform. We are working closely with the team in the Department of Health and Social Care to ensure that reforms sit alongside our plans for devolution. A big part of what we are trying to do through our health reforms is to provide community-based healthcare, and there is a big opportunity for local and regional government to work alongside the NHS to deliver integrated services that work for our communities and are user-led. We are making sure that every stage of the reforms, including the changes to the ICBs, is done in lockstep with what we are trying to do across the country.
Question put and agreed to.
Clause 51 accordingly ordered to stand part of the Bill.
Clause 52
Incidental etc provision
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
This is a simple provision. When functions are conferred on, or modified for, strategic authorities in the future, the Government will sometimes need to make technical changes to other pieces of legislation to ensure that the functions conferred on strategic authorities work as intended. That is why the Bill includes this technical clause—it is just a technical clause—to allow the Government to have the power to make technical changes to existing legislation when necessary. The clause will ensure that strategic authorities and mayors are able to effectively exercise the functions, as intended by policy. I commend the clause to the Committee.
Question put and agreed to.
Clause 52 accordingly ordered to stand part of the Bill.
Clause 53
Transfer of property, rights and liabilities
We understand the overarching aims of this clause, and the debate does not necessarily have to revolve around whether or not it should happen, but we tabled this probing amendment because we understand that the legislation is essentially applying TUPE regulations regardless of whether they legally apply. We want to challenge that and probe why, if TUPE regulations need not legally apply in cases of transfer, the Government have insisted that TUPE regulations have to go into this regardless. Can the Minister answer that key question?
Miatta Fahnbulleh
TUPE regulations are there to ensure that staff are not dismissed for the sole reason that functions are being transferred from one public body to another. We believe that they are fundamental to protecting staff, which we want to make sure happens throughout this process.
In line with the Cabinet Office guidance, this clause tries to ensure that the regulations apply when we have public bodies moving to strategic authorities. The amendment, as drafted, risks creating uncertainty for staff and disrupting the smooth transfer of functions.
TUPE regulations are there for a reason—to protect the workers that are fundamental and critical to delivering any public institution. When we are going through the process of creating these strategic authorities, it is important that we embed those TUPE regulations. That is why I ask the hon. Member to withdraw the amendment.
I thank the Minister for her full and direct answer, and I understand it. I take it she accepts that TUPE is being put into this clause regardless of whether there is a legal necessity for it to apply. Has she had any correspondence or lobbying from the trade union movement to make sure that it is included?
Miatta Fahnbulleh
To answer that question directly: no, although it helps that I am a new Minister. The clause is in step with long-standing Government practice. It mirrors provisions that have been made in previous legislation by the previous Conservative Government, including in the Levelling-up and Regeneration Act 2023. It is standard practice and it is done by all parties. It is there because we need to protect staff.
I feel very reassured that the Government are following the excellent judgment of the last Conservative Government. On that note, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 221, in clause 53, page 58, line 16, at end insert—
“(8A) Regulations under this section are subject to affirmative resolution procedure.”—(Miatta Fahnbulleh.)
This would make regulations under clause 53 subject to affirmative resolution procedure.
Clause 53, as amended, ordered to stand part of the Bill.
Clause 54
Prohibition of secondary legislation removing functions
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
Strategic authorities will not be able to deliver for their residents if they fear that a future Government could easily remove functions that have been devolved. Parliament is sovereign, and the Government will always be able to table primary legislation to redesign how functions are delivered. However, the Bill makes sure that Governments will have to make that argument in Committee and on Report, as we are doing now. It must not be easy to take devolved powers away from strategic authorities. We want this to be locked in because we fundamentally believe that this is how to deliver for communities across the country. That is why this Bill limits the ability of this or any future Government to remove functions from strategic authorities using secondary legislation, so that they can be exercised again by central Government.
I commend clause 54 to the Committee.
This is a difficult one for us. I am not saying that the Minister is trying to bind the hands of future Governments, but it does feel like the Government are trying to make this increasingly difficult. We would argue that any elected Government have a mandate to make legislative changes as they see fit. I wonder whether this is using a sledgehammer to crack a nut.
Of course, we accept the need for parliamentary scrutiny, but an elected Government should be able to use any mechanism they want to use. I ask the Minister once again to consider whether she thinks this is really necessary. A Government who might want to remove some of the functions would have a democratic mandate to do so, and arguably very good reasons for doing so when future structures need to change. I would like to challenge her on whether she thinks this is absolutely necessary, which may depend on our forcing a vote on this issue.
Miatta Fahnbulleh
I thank the hon. Member for his question. My view is that devolution is a fundamental shift in power and a rewiring of how we govern the country. At the heart of the devolution process are a lot of democratic processes, where people vote for a mayor on the basis of what they say they will deliver for their community. To make a fundamental change, it is absolutely right that a future Government must get the consent of Parliament to rewrite it. That is the premise on which we think about the Greater London Authority Act 1999 and devolution, and it is what we have done in the context of Scotland and Wales. These are fundamental shifts in power, and it is right that there has to be a full democratic process within Parliament to reverse them.
Question put, That the clause stand part of the Bill.
Miatta Fahnbulleh
Reorganisation is a crucial part of the Government’s mission to fix the foundations of local government. I come back to the fundamental point that this is not about reorganisation for reorganisation’s sake; it is about creating better-functioning unitary councils that are more sustainable and better able to deliver the high-quality services that their residents want and fundamentally deserve.
Schedule 24 enables the Secretary of State to direct areas to submit proposals to reorganise. We are committed to working in partnership with local areas. Therefore, this will be used only where areas have failed to make progress following an invitation. It also includes new merging provisions to enable existing unitary councils that believe structural change would be beneficial to submit proposals for reorganisation. That aligns the process for reorganising single-tier areas with the current process for reorganising two-tier areas.
With devolution and local government reorganisation progressing concurrently across the country, mechanisms are needed in the Bill to ensure these reforms work in harmony. The first mechanism is the ability to convert a combined county authority into a combined authority. This is a straightforward and common-sense provision. When local government reorganisation takes place in an area covered by a combined county authority, we need a streamlined way to convert the authority into a combined authority.
The second mechanism is the ability to abolish a combined authority or combined county authority if local government reorganisation renders that authority obsolete. This mechanism would be used only in very limited circumstances: if a new unitary authority covers or includes the whole area of an existing combined authority or combined county authority. Any local government reorganisation proposal requiring the use of this abolition mechanism will need to consider how it would impact future devolution in the area, as per the Government’s reorganisation criteria. That ensures these areas will not be left without a viable pathway to devolution.
I commend clause 55 to the Committee.
Clause 55 essentially goes to the heart of the Bill. As we argued when we voted in the House against local government reorganisation, the thing in this Bill that most people out there—our voters—will notice, aside from the devolution aspects and the creation of mayors, is the bread-and-butter transactional services that people see on the ground. That will be the biggest impact the change will have on their daily lives.
We oppose clause 55 because we believe the Government have no democratic mandate to deliver local government reform. It was not in their manifesto, they did not ask the British people to vote for them on the basis of local government reform, and we fundamentally have—[Interruption.] The hon. Member for Camborne and Redruth looks shocked at my proposition, but if he can refer me to where this was in the Labour party’s manifesto, I will happily withdraw that point. I suspect he cannot, because it was not there. That is a key aspect of why we oppose the clause.
The other reason why we oppose the clause is because there is no overwhelming evidence showing that services or local government would be more efficient with larger organisational structures and a larger population being encapsulated into unitary authorities. I am a big fan of unitary authorities—I declare an interest in that I am a former lead member of one, and I was very happy to be so—but we have to accept that the nature of devolution means that a standardised model is not adequate for everywhere in the country. In some areas, it may not be what is best or wanted by local people. That comes back to the democratic deficit we believe the Government have in announcing these LGR proposals.
I know the Minister is relatively new in post, so she will not have had as much communication with local authority leaders as her predecessor did—that does not reflect on her or her ability; it is just the nature of her period in post. But, in previous sittings, she outlined and indicated to this Committee that there is overwhelming excitement from many local authority leaders who welcome LGR and the new mayors proposed by the Government. She will also be aware that this has caused a huge amount of disruption to local people and the working of local authorities, at a difficult time for their operational capacity and capability, with reduced budgets. This is not needed.
For example, there are now three proposals to Government in my area. One is from the 12 district councils, which absolutely do not want to be abolished. There is unified agreement on that, except from Gosport borough council, which has opposed everything completely. There is a county council recommendation, lauded previously by the Minister, which is not supported by MPs who represent the area. And there is another proposal that is contested. One of my Hampshire colleagues has just entered the room, and he takes the same view as me.
The hon. Gentleman hits the nail on the head. There were unique circumstances where everything was going bankrupt, so strict action had to be taken. This Government are proposing, unilaterally and without any consultation with those who do not want it to go ahead, to change local government structures across the whole of the United Kingdom without democratic legitimacy.
Miatta Fahnbulleh
Does the hon. Member recognise the state of local government—the absolute mess and the financial vulnerability of local authorities—that his party left us with? Unique circumstances, absolutely. We are having to fix the mess we inherited. We absolutely want local government to be successful and to thrive, but it is on its knees after 15 years of austerity. That is why we are having to take the action we are taking.
If the Minister is seriously suggesting that a complete and wholesale reorganisation across the whole United Kingdom is the one answer to making sure that local government can operate on a sustainable footing, I do not buy that at all. There are many things that this Government could do to make local government much more efficient and to deliver for people. First is an uplift in funding.
Well, the Minister should speak to the many council leaders across the country who do not agree that it is enough.
If the Minister is seriously saying that abolishing 90% of elected councillors in rural areas across this country will somehow be the miracle cure for local government, and that is what is driving these measures, then I am sorry but this Government need to go back to the drawing board.
Lewis Cocking
My hon. Friend makes an interesting point. It is interesting that the Government have moved away from that, particularly because I have not met one person who thinks that reorganisation into large unitary councils is a good idea.
If it is good for parts of the country, I hope that the Minister can explain why London and lots of the metropolitan boroughs in the north are not being compelled to reorganise. If this 500,000 figure is the sweet spot and the Government have loads of evidence to back that the claim that this will make services more efficient and put councils on a better financial footing, why is it good for only certain parts of the country, and not the whole country?
Miatta Fahnbulleh
I thank hon. Members for their robust contributions. I will say a few things. First, we acknowledge that any process of change or reform is difficult. The Government do not underestimate the challenge of the process, but I come to why we are doing this. I made an intervention earlier to point out the state of local government that we inherited. Any one of us will know the huge pressures that local government are under. Fifteen years of austerity and rising demand has made local government increasingly unstable. The status quo is not tenable or sustainable. We have to do something systemic, because we have a systemic issue in local government.
Reforming and reorganising local government will deliver better services, because we can locate services at a level that works for residents. This is not reorganisation for reorganisation’s sake. It will be tough for our areas, but we are doing it because we are trying to ensure that local government services can work for their residents. It is about sustainability. We need to ensure that we have a model of local government that is fit for purpose and can be sustained in the future, because they provide absolutely vital services for residents. It would be completely reckless of this Government to see the state of play that we inherited and say, “We’re going to sit on our hands and not do anything.” That may be the Conservative way, but it is not the Labour way. We are clear that we have to help drive through a process of reform, and we are doing that because we want to ensure that local governments are fit for purpose to deliver those services for their residents.
There is a fundamental point about accountability and accessibility to residents. If we talk to any of our residents, they will say that they barely understand how local government works—who is responsible for what. Creating structures and systems that work, and that our communities can interact with and cohere with, is absolutely right.
We are very clear: this is not a one bullet solution. It absolutely is not. We know that local government reform needs to sit alongside other things that we are doing. We recognise the funding pressure that local government are under. That is why we boosted local government funding last year, and why we are delivering a real-terms increase to local government funding, despite the tough fiscal inheritance from the last Government. We are moving to multi-year budgets because we think that the system of year-by-year funding for local government is madness. We are making that reform. We are also moving towards consolidated budgets. Having lots of silos and funding streams has made it hard for local government to be strategic and to drive integrated services; we are reforming all of that. We are clear that this measure sits alongside all of that.
The final bit is our funding review. We understand that there are huge pockets of deprivation across the country—I come back to the Conservative party, which had a Prime Minister who boasted about the fact that he took money away from deprived areas to give it to affluent Tunbridge Wells. We will not do that. We are trying to recalibrate funding so that we can reduce deprivation and drive improvements across the country.
On the process—just to be clear and put it on record—we have not put a gun to any heads in councils; the Secretary of State has invited councils to put forward their proposals. Areas are now going through a process. The hon. Member for Hamble Valley talked about three proposals in his area; that is because we are making it bottom-up and saying, “Have a conversation about what model works best. We have a set of criteria to ensure that it is fit for purpose. Consult your residents and your stakeholders, and put that proposal to Government.” That is the process that we are undergoing at the moment.
The Minister says that there is no gun being held to local authority leaders’ heads. Can she therefore outline, in a clear way, what would happen to a county or district authority that said that it did not want local government reorganisation and refused to engage? They would be forced to reorganise, would they not?
Miatta Fahnbulleh
They have been invited. There is a backstop power, but we do not think we will need to use it because the conversation now playing out across local government is that, yes, this is hard, but everyone recognises that the status quo—standing still—is not feasible or sustainable.
I thank the Minister for giving way one more time. She is being very generous, especially as I know that I have spoken for a while. [Interruption.] I am delighted to hear that Government Back Benchers are so delighted with my speaking.
I ask the Minister again, because she has not committed to this in clear language: if a county council leader or a number of district councils refused to engage with the Government’s process on local government reorganisation, they would be forced to reorganise, would they not?
Miatta Fahnbulleh
That is not where we want to be. That is not where we think we will end up. We have invited places and, to the credit of local government, everyone recognises that change is required. What is now happening is that places are making decisions about the best proposal to deliver the outcomes that they want for their constituents. This process has been hard—of course it has—but, throughout it, every single local authority has understood that the status quo will not deliver for their residents. That is the thing that is driving the impetus for change.
I will say a few words on the 500,000 population figure because Opposition Members have mentioned it. That is not a hard and fast number. We have said that it is a benchmark. If we think about other authorities that have gone through the process of local government reorganisation over the past 20 years—the likes of Somerset or Cornwall—500,000 is the sort of number that they have gone for, and we have seen that their reorganisations have delivered improvements in services and in the way that they operate. Places can go below or above that number. Ultimately, it is for places to figure out the best configuration of their locality to deliver for their residents. We have been clear and consistent about that point.
I want to address the specifics on London. We are open to a conversation with any part of the country that wants to talk about reorganisation. London, with its boroughs, obviously has a different configuration locked in legislation. It is distinct from our two-tier areas, which is why we are not focusing on it. But we are very open to a conversation about London, where we tend to have big authorities that are delivering some of these integrated services anyway.
I absolutely agree with the hon. Lady in that we need responsibility, bearing in mind that amendment 51 would give the Secretary of State the power in this case to enforce that flexibility. A problem in the proposed local government reorganisation is that it focuses overly on the role and consent of county authorities, but the voice of district councils has not been listened to in this approach, as I outlined earlier when quoting Councillor Sam Chapman-Allen, who was leader of the District Councils’ Network.
I know what the Minister will say to our amendments, and I respect her position in doing so, but the Conservative party believes that devolution can mean so much to so many if done with the bottom-up approach that the Minister insists is hers. We want some words of encouragement that she may look—although I know she will not—to reduce the restrictions on a single tier for larger geographical areas. I do not intend to press the amendment to a vote, as it is a probing one. However, I have it on the good authority of my hon. Friend the Member for Keighley and Ilkley that he will table similar amendments on Report. We will listen to the Minister’s response with great enthusiasm.
Miatta Fahnbulleh
Let me say three things in response. First, there is already flexibility in the creation of boundaries and geographies for unitaries to ensure that they are fit for purpose and that they work for the communities they need to serve.
We are clear that, on the other side of local government reorganisation, councils must be the right size to deliver the high-quality services that residents deserve and need. Judgment on proposals will be driven by that fundamental question. Splitting up existing unitaries, further fragmenting and disaggregating services, does not feel like it would be in the interests of the residents concerned in delivering better and more efficient services, or value for money for taxpayers and those residents.
Clearly, we must have a reform process that fundamentally delivers those outcomes. There is now a process to do that. We will look at the various proposals and, ultimately, the test is: will the proposal deliver local government that is fit for purpose and deliver for our communities? Voters across the country want that and respect it.
I thank the Minister for what she said. I absolutely knew what she was going to say—that comes as no surprise to us in the Opposition—but this is about what we discussed before. She said that it would not necessarily be to the advantage of local people were we to allow the splitting of unitary authorities, but she is missing the fact that some people want that. I think that the non-uniform approach to local government works. I still believe that this is a community empowerment and devolution Bill. One size fits all across the UK is not the way that the Government should be going. I will withdraw the amendment, but I have no doubt of further amendments of this nature on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Deirdre Costigan.)