Cities and Local Government Devolution Bill [HL]
Debate between Baroness Janke and Lord McKenzie of Luton
Lord McKenzie of Luton
My Lords, I will be brief with this amendment because I anticipate that the Minister’s response will be that it is too prescriptive and that the Government want to leave everything off the face of the Bill and see what happens along the way.
The amendment was raised with us by the RSPB and it raises a particular point that I would like to address. Specifically, it causes the Secretary of State to consult combined authorities over a number of strategic planning areas, in particular areas of,
“mitigation of and adaptation to impacts of climate change … natural resource use including water management … delivery of low-carbon energy sources and infrastructure … landscape-scale conservation, including green infrastructure”.
The helpful briefing note reminds us that the NPPF contains very positive policies for planning for biodiversity, such as planning for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure.
The point that the society makes is that to be effective, it is essential that devolved strategic planning powers enable combined authorities to address and plan for social, economic and environmental issues in an integrated way across England. It points out the failure of the duty to co-operate because it is simply not strong enough. The key point I would raise on this is that whether it is on a more proactive basis or just a wait-and-see approach with piecemeal devolution of some of these strategic planning issues, the opportunity actually to join up across the country will inevitably be limited. Some of these issues ought to be looked at on a basis which is wider than any particular combined authority. It seems to be a component of this debate which perhaps we need to reflect on a bit more. I beg to move.
Baroness Janke (LD)
My Lords, I certainly support the amendment. Given that the combined authorities will cover quite large areas, I would say that it is essential that an integrated approach is guaranteed and not left to a kind of wider discretion, perhaps as part of a deal if it is less convenient for one combined authority—or, worse still, if there is disagreement within the combined authority. We need to know where these obligations will lie. There is a need for clarity here. I appreciate that we are talking about bespoke deals and that they will be different for different authorities. I am sympathetic to that because we do not have uniformity across the country. Nevertheless, these are important issues which have suffered from a piecemeal approach. There is now a real opportunity for a much more strategic approach and I am sure that the combined authorities will see this as an important matter, not least because some of these areas are quite controversial. So I hope that there will be some clarity around this, despite the need for the Secretary of State to have some kind of wider discretion. These are responsibilities and obligations, and we need to be clear about where they lie.
Cities and Local Government Devolution Bill [HL]
Debate between Baroness Janke and Lord McKenzie of Luton
Lord McKenzie of Luton
My Lords, a moment ago I touched on Amendment 4. The other amendments in this group are Amendments 5, 6 and 7. Given the hour, I will not reopen the Amendment 4 debate. We will, I know, return to it.
Amendment 5 is a small amendment clarifying the consequences of the appointment of an elected mayor who becomes a member of and chair of the combined authority. The amendment seeks to ensure that by virtue of being chair the mayor does not automatically have any casting vote in the affairs of the combined authority, although of course, depending on the number of members of that authority, that is clearly a matter that could be agreed. Will the Government explain why they consider that an elected mayor should always be the chair? Leadership skills required to deliver a change of dynamic growth in complex situations will not inevitably be the same as those to engage and persuade individual members, who are likely to be powerful and able individuals in their own right.
So far as the Government’s expectations on governance go, looking at the Manchester agreement, it appears that for non-mayoral functions decision-making will be by way of one member, one vote, including one for the mayor. Interestingly, the Manchester agreement requires the mayor to consult the combined authority cabinet on: strategy, which could be rejected on a two-thirds vote; spending plans, again amendable on a two-thirds vote; and the spatial framework, which needs unanimous approval. Would the Government expect these constraints on the mayor’s freedoms to be the norm in any agreement?
Amendments 6 and 7 enable the revocation of an order that provides for a combined authority to have an elected mayor. This is consistent with the Bill proposed by the noble Baroness, Lady Janke, and an amendment that we both supported in a debate in the last Session in relation to Bristol. If a combined authority has a mayoral model and wishes to change it, there should be the right to do so. We accept that the consequences of unpicking a mayoral combined authority will not always be straightforward, especially if PCC functions have been devolved to the mayor. Clearly, there should be protections against chopping and changing every few years, but potentially being locked into an arrangement, particularly when it might be accepted by all as not working, does not seem to be a sensible position to end up with. I beg to move.
Baroness Janke (LD)
My Lords, I support Amendments 6 and 7. I am a former leader of Bristol City Council and have raised this issue in the House before. The fact that a city may opt to have an elected mayor does not mean that the city wishes to keep the mayor in perpetuity. Some allowance should be made for the authority, whether or not it is a combined authority, as in this case; I will return to that later in the Bill when I refer to existing city authorities. It seems to me that the people who are being governed need to be able to express their view. In Bristol, a petition has been signed by I do not know how many thousands expressing the wish to have the right to change the system. That does not necessarily mean that they are rejecting the mayor. I know the mayor well because he is a former colleague. I would not wish this to be an intervention that talks in any way about the specifics of the situation in Bristol, but I support the amendment because local government is constantly changing. That does not mean to say that you would want to change frequently, but if we are to govern by consent, as many Members have said in our debates, people must be reassured. The Minister has already said that the Government will not impose mayors on authorities and the amendment is in that spirit: it says that, should there be a mayor, the combined authority will have the chance to set up proceedings to ask the Secretary of State to revoke the order and thus change the system.