Residential Leasehold

Debate between Baroness Scott of Bybrook and Lord Bach

Wednesday 17th May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I assure the noble Baroness that the Government are doing everything they can. They are making sure that, as she has said, the perpetrator pays, and they have put large amounts of money into this. It takes time to work through the remediation of these buildings, but we are working at pace and pushing the industry the whole time to ensure that it makes these buildings safe as soon as possible.

[Lord Bach (Lab)]

The Minister agrees that some leaseholders will need advice, but who is going to pay for that advice? Do the Government think they might extend legal aid to cover it?

[Baroness Scott of Bybrook (Con)]

No, we do not intend to extend legal aid. For leaseholders who are considering what to do in future, we have made it very clear that it will be in this Parliament, and they just need to wait and take advice at this time until we can get these changes in place.

Levelling-up and Regeneration Bill

Debate between Baroness Scott of Bybrook and Lord Bach

Committee stage
Monday 13th March 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, this group of amendments covers a number of matters relating to combined county authorities, combined authorities and local authorities, including NHS functions, the conferral of additional functions on combined authority mayors, the fair funding review, trade union liaison and bus services.

I start with Amendments 89 and 90, tabled by the noble Lord, Lord Hunt of Kings Heath. Together, they would require the Secretary of State to publish reports on proposals for the devolution of health functions to authorities and subsequent reports at 24-month intervals. I hope I can reassure the noble Lord and other noble Lords that the existing provisions for reporting on the conferral of health functions on to a local authority, combined authority or combined county authority are sufficient. The regulations that would confer health functions on to a local area would be accompanied by an Explanatory Memorandum setting out why the functions are to be conferred. The regulations also require parliamentary approval, giving Parliament the opportunity to consider the impact of such a conferral of functions. Also, under Section 1 of the Cities and Local Government Devolution Act, the Secretary of State has to publish an annual report about devolution, including listing any functions—including health functions—devolved to areas in the preceding 12 months.

The noble Lord’s explanatory statements say that these amendments are intended to probe our

“commitment to transferring NHS responsibilities to local government”.

To clarify, our devolution legislation is enabling legislation. Where an area is interested in the conferral of health functions on to a combined authority, local authority or combined county authority, it is possible to do this via secondary legislation. To date, the only area that has taken up this opportunity is the Greater Manchester combined authority, as we have debated; however, in principle, other devolution bids can include these same requests.

Section 18 of the Cities and Local Government Devolution Act 2016 sets out which health functions can and cannot be devolved. As noble Lords have mentioned, the kinds of functions that can be devolved include the joint local commissioning of health services. In contrast, the kinds of functions that cannot be devolved include, as noble Lords might expect, health service regulatory functions vested in national regulatory bodies responsible for such functions. Let me be clear: the devolution of health functions does not alter the Secretary of State’s core duties in relation to the NHS. As this Government have consistently made clear, they are and remain a priority for us.

Amendment 91, tabled by the noble Baroness, Lady Hayman of Ullock, would require the Government to co-operate with trade unions representing employees of combined county authorities that have responsibilities for transport. I support the noble Baroness’s sentiment here that it is important that we engage with trade unions representing transport employees of CCAs. It will, however, be the combined county authority itself as the employer that will be involved in recognising and collectively bargaining with any trade union representing staff at that workplace.

The Secretary of State will not be party to that relationship. Therefore, placing an additional requirement on the Secretary of State to co-operate with a trade union representing those staff risks undermining the relationship between the combined county authority, as the employer, and the trade union. I do not think that this would be appropriate; it is for local agreement. More generally, the Secretary of State consults with a large number of groups, including trade unions, on issues that affect local transport in combined county authority areas.

I shall move on to the Clause 58 stand part debate. Turning to the issues raised by the noble Lords, Lord Hunt of Kings Heath, Lord Shipley and Lord Bach, and other noble Lords, including the noble Baroness, Lady Hayman of Ullock, Clause 58 introduces a new process enabling mayors of combined authorities to take on new public authority functions via a request to the Secretary of State to deepen devolution, in order to remove barriers and give our local leaders more powers to drive the economic, social and environmental improvements locally that their residents, businesses and areas need. It is, however, deliberately limited in scope.

The provision relates only to the transfer of other public authority functions; namely, those currently carried out and funded by organisations other than local authorities such as government departments or their agencies. It makes no change to the consent regime for the transfer of local authority functions, as set out in the Cities and Local Government Devolution Act 2016, because we fully recognise that local agreement is key to successfully transferring such functions either to be delivered across a wider geographical area by a combined authority or, in some circumstances, to be exercised by the mayor individually.

We have also included an additional safeguard on the use of this provision to make sure that the voice of local authorities is still heard. In making any request for new functions to the Secretary of State, mayors will need to set out the views of their constituent councils and then provide a rationale for proceeding, if any of them disagree. More broadly, this clause also retains the long-established principle that we have had for all combined authority legislation that deepens devolution through new powers; that is, that it must be subject to what has often been referred to as to the triple-lock of consents. It must be consented to locally—in this case, by the mayor with the input from the constituent councils—agreed by the Secretary of State and approved by Parliament. I hope my explanation provides noble Lords with further information such that they could reconsider their opposition to this clause.

On Clause 59, raised by the noble Lords, Lord Bach, Lord Hunt of Kings Heath and Lord Shipley, and many others, the levelling up White Paper, which was consulted on widely, included reference to mayors of combined authorities taking on police and crime commissioner functions where policing boundaries were coterminous with those of the combined authority. It also committed the Government to taking steps to remove the barriers to more combined authority mayors taking on PCC functions. Clause 59 amends the existing provision by removing the requirements of consent from the combined authority and its constituent councils to the transfer of the PCC functions to be exercised by the mayor. This will enable the Secretary of State to make an order providing for a combined authority mayor to take on PCC functions for the combined authority’s area, subject to mayoral consent only.

PCC functions can be exercised only by the mayor. Combined authorities and their constituent councils have no role in the exercise of PCC functions. Therefore, the clause makes it clear that only mayoral consent is required for a transfer. These changes are designed to enable more mayors to take on PCC functions where this has been agreed; for example, within a devolution deal, in line with our White Paper commitment. The transfer of PCC functions to a combined authority mayor would not only preserve the democratic accountability established by the PCC model but can also offer wider levers to prevent crime. Powerful local mayors—

[Lord Bach (Lab)]

I am sorry to interrupt the Minister. I thank her for what she has said so far, but I want to ask her why there is no need for consultation of any kind under Clause 59. She praised the consultation that was necessary under Clause 58 and made it part of her argument. Why is there none in Clause 59?

[Baroness Scott of Bybrook (Con)]

My Lords, that is because, as I said, the role of the PCC does not impinge on the roles of the constituency councils. It is purely a role for the mayor. When you are looking at things to do with health, you are probably including the care roles of many councils.

[Lord Bach (Lab)]

Each district council has to have a community safety committee, which is made up of district councillors, others and the local police—it is very much involved in policing. As has been said earlier, and used as an argument by the Government, every police and crime panel must have someone from each district council in the police force area. There is a clear link between the constituent councils. Given that link is so important, how can the Minister really argue that on Clause 58 consultation is necessary but on Clause 59 it has nothing to do with the districts or the county?

[Baroness Scott of Bybrook (Con)]

I did not say it has nothing to do with the districts or the county—

Personal Independence Payments

Debate between Baroness Scott of Bybrook and Lord Bach

Monday 22nd November 2021 Lords Chamber

[Baroness Scott of Bybrook (Con)]

As I have said, we are doing everything we possibly can, first, by having mandatory reconsiderations in-house with a separate team, but also by providing holistic decision-making support so that we can make sure we are working with people and that as few as possible cases go to tribunal.

[Lord Bach (Lab)]

Why, according to the latest official statistics, were there 36,000 social security and child support cases outstanding at the end of June this year and why did it take, as has already been mentioned, a mean average of 39 weeks—a figure that is going up—to dispose of them at tribunal? Does the Minister understand that the removal of legal aid for welfare benefits advice has led to fewer cases being sorted out and resolved well before they reach tribunal? Will she advise her colleagues at the Ministry of Justice to do something immediately to restore some modest legal aid in this area?

[Baroness Scott of Bybrook (Con)]

My Lords, legal aid was not available for representation before the First-tier Tribunal ahead of its reform, anyway; it was only available for advice and preparation. Tribunal proceedings are designed to be straightforward and accessible to all. They are inquisitory, not adversarial and the tribunal panel is trained and experienced in dealing with a wide range of applicants with individual needs. The DWP is supporting people—there is no need for legal aid in these tribunals.