Cities and Local Government Devolution Bill [HL]

Baroness Williams of Trafford Excerpts

Tuesday 12th January 2016 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 1 to 18.

1: Clause 1, page 1, line 10, at end insert—
“(ba) functions exercisable by a Minister of the Crown that have been devolved as a result of agreements so as to become exercisable by a mayor for the area of a combined authority (including information as to any such functions that remain exercisable by a Minister of the Crown as a result of an agreement providing for functions to be exercisable jointly or concurrently);”

--- Later in debate ---

18: Clause 5, page 6, line 14, leave out “the” and insert “a”

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

My Lords, in moving en bloc that this House do agree with the Commons in their Amendments 1 to 18, I will also speak to Commons Amendments 21 to 39, 42 to 44, 62 to 73, 75, 76, 78, 79 and 80 to 82, and speak about the amendments that the noble Lord, Lord Beecham, has tabled to Commons Amendment 31 and Commons Amendment 36.

I am very pleased to put forward this group of amendments, which demonstrate the progress that has been made since the Bill was first introduced last May and that the Government have listened to the views made known in this House and in the other place. I do not wish to detain the House too long on this group, as we have a lot to discuss, but I put on record that I am grateful for the continued constructive approach of noble Lords opposite, particularly the noble Lords, Lord McKenzie, Lord Beecham and—I have just spotted him—Lord Smith of Leigh and Lord Shipley. I am also grateful to the noble Lord, Lord Warner, for the ongoing discussions to refine his clause on health matters, but we shall return to those matters later today.

It is in that spirit that I first speak to Amendments 1, 2 and 4, where the Government are pleased to accept the amendments inserted by this House for an annual report by the Secretary of State on devolution. These further amendments came as a result of listening to the debate in the other place. They will ensure that the Secretary of State’s annual report will include information on the extent to which powers that have been devolved to a mayor also remain exercisable by a Minister of the Crown. It is only right that the Government are transparent when it comes to the devolution of powers to both local and combined authorities and these amendments, which the Government introduced in the other place, do just that.

I shall, of course, listen to noble Lords very carefully when they speak later today, but I cannot help noticing that they have not tabled anything for debate in response to Amendments 3 and 5, which remove Clause 2, inserted in this place against the wishes of the Government. We have removed the requirement that each Bill placed before Parliament be accompanied by a ministerial Statement explaining the extent to which the provisions are compatible with devolution. We are concerned with the reality of devolution. The Bill provides the necessary provisions to achieve genuine devolution of powers to those areas that want it. For many Bills, such a devolution statement would represent superfluous bureaucracy, having no implication for functions that can be devolved, such as national security, defence and international relations. The removal of the clause was not opposed in the other place and we remain of the view that these provisions should not be included in the Bill.

Amendment 6 removes the requirement that a mayor cannot be a precondition of transferring local authority or public authority functions to a combined authority. In our manifesto we specifically committed to,

“devolve far-reaching powers over economic development, transport and social care to large cities which choose to have elected mayors”.

Government policy, therefore, is expressly to make the transfer of local authority or public authority functions to a combined authority dependent on that local authority having a mayor. This is because, if areas are to have these new, far-reaching powers, they must adopt strong governance and accountability arrangements. People need to know who is responsible for decisions affecting their daily lives and who to hold to account.

However, we are not forcing mayors on anyone. Whether an area has a mayor and the far-reaching powers that come with having one is entirely a matter for local areas. We want to hear from those areas what their proposals are, what powers and budgets they want devolved to them, and what governance arrangements they need to support those powers and budgets. But, if an area wants to have a devolution deal of the scale and ambition of Greater Manchester’s, for those kinds of functions to be devolved, having a directly elected mayor is an essential prerequisite.

This requirement, which Amendment 6 removes, poses major risks to the delivery of the Greater Manchester and Sheffield city region deals. This is because, if the Government tried to make orders using the powers in new Section 107A to deliver these deals, there is a possibility that the courts would find that these deals contravened this statutory prohibition, the effect of which would be likely to result in no further orders being made to transfer additional functions to that area. This is an outcome that I doubt anyone would want. The other place divided twice and decided by majorities of 81 and 95 respectively to remove the requirement. The message from the elected House is clear. For these reasons, I hope noble Lords will agree to this amendment.

Amendments 7, 8, 15, 18, 21, 22, 23, 30 and 82 give more flexibility over how devolution can work for different places. The amendments build on the provisions we approved to further enhance the flexibility for existing combined authorities where one or more of the constituent local authorities do not wish to sign up to certain aspects of devolution.

As it left us, the Bill enabled a local authority to be removed from a combined authority if it does not agree to the combined authority’s wish to adopt the position of mayor. These amendments enable one or more councils that do not want to adopt a mayor or to agree to the first devolution of powers to be removed from the combined authority. This means that councils that do not wish to agree to such aspects of the deal cannot be forced to, but neither can they prevent the combined authority and councils that do agree to the adoption of mayor or the devolved powers proceeding with these.

--- Later in debate ---

The concept of devolution is welcome but, as has previously been made clear by noble Lords in discussing the Bill, and indeed today by my noble friend Lord Kennedy and the noble Lord, Lord Shipley, there is real concern about these and other aspects, not least the Government’s adoption of what might be called the Henry Ford approach—insisting upon having an elected mayor as a condition of the devolution deal. In this case, it is not a question of having any colour car as long as it is black; rather, you can have devolution as long as you have an elected mayor. However, there remains a major question as to whether the Government’s new model structures would be supplied with sufficient petrol in their fuel tanks.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have spoken in this debate. I shall start with the question from the noble Lord, Lord Kennedy, about two-tier authorities and what sorts of discussions we have been involved with. On a personal level, I have spoken to councils up and down the country. While I agree with the noble Lord, Lord Scriven, that there is not consensus across the country, there is certainly the feeling that in some areas districts might feel vetoed by counties and vice versa, so this provision will enable either districts or counties to move in the way that they would wish. Consensus is of course the thing that we are seeking, but we also do not want authorities to be able to veto others in the aims that they seek to achieve.

The noble Lord asked me about transport across combined authority areas. We shall get on to transport in later groups, but of course Transport for the North, which will cover a vast area, will deal with just that issue, because of course transport does not start at one local authority boundary and finish at the other end of it; it transcends areas and is ideally placed to be dealt with on that much broader scale.

To go back to the first point, I understand that officials have held discussions with the County Councils Network and with the authorities involved—I am going beyond what I have been doing. Extensive discussions have taken place across the country.

The noble Lord also talked about the Bristol issue. Noble Lords will recall that an amendment was moved in this place, which the other place accepted, which put the Bristol mayor in the same position as mayors of other authorities, so that the local electorate can petition for a referendum to be held on whether mayoral governance in Bristol should continue and such a referendum is able to be held after the 10-year moratorium period—therefore from 2022. The other place accepted this as Clause 21 as the Bill left the other place.

The noble Lord, Lord Shipley, talked about powers being used very circumspectly. As the Secretary of State made clear in the other place, when he exercises those powers which the amendments made in the other place have given him, he will maintain the preference for consensus which he has shown to date, and the Government’s aim is to build on that consensus.

The noble Lord also talked about the large number of amendments which have come back to this House, and I agree with him that there are a large number. However, he also talked about the sensibleness of most of those amendments and about the need to work in partnership. He is absolutely right that devolution will not be effective in the long term unless partnership is effective. That is why the word “consensus” has been mentioned so much in today’s debate, because unless those local authorities can work together, they will not succeed in their aims for growth and other things.

The noble Lord also asked for further assurances that the powers will be used sparingly and that the point made by the noble Lord, Lord Beecham, would be reflected in the annual report. I hope that in my initial speech I gave those assurances, and I will give them again. Of course what will go into the report will be a matter for Bill managers, but I hope that I have made my feelings clear on that.

Both the noble Lords, Lord Shipley and Lord Beecham, talked about the Delegated Powers and Regulatory Reform Committee. I wrote yesterday—and I accept some criticism for the lateness of that letter—about Amendment 36, that,

“the context for these regulations making provision about local authority structures will be the implementation of devolution deals, specifically fast tracking the processes of such legislation as the Local Government and Public Involvement in Health Act 2007. I also commented”—

back on 29 June—

“as you rightly refer, to the need for consent by all councils being sufficient safeguard that fast tracking will not remove inappropriately any essential constraint or protection. Notwithstanding this, we subsequently introduced a further safeguard by requiring that the use of this regulation power must be accompanied by the transparency given by a specific report to Parliament setting out the context (i.e. describing the bespoke deal) and providing information about any consultations or representations in connection with the regulations”.

[Lord Tyler (LD)]

My Lords, I serve on the Delegated Powers and Regulatory Reform Committee. The Minister will recall that this is not the first time she has been put in an impossible situation. With great respect to her, in the light of the very serious concerns and anxieties expressed by that committee about this section of the Bill and the powers given to the Minister under the Bill, it is not good enough for her to be provided with that text to read to the House at this stage without us being given an opportunity to see its significance. We in the committee took great care, with very good advice, over how these powers were going to be exercised. The department has put the Minister in an impossible situation. It had all last week—I assume that those in the department were working—to get this information to the House, and your Lordships should be given the opportunity to see these things in print rather than having to rely on the Minister. She has been put in this position twice. She should have the best possible advice and support, and she should go back to the department and say “Not good enough”.

[Baroness Williams of Trafford]

My Lords, I can but apologise for the fact that the letter has arrived late and I hope noble Lords will accept that apology from me. However, I accept the noble Lord’s point.

Amendment 45, referred to by the noble Lord, Lord Beecham, enables the Secretary of State to revoke orders conferring health functions on a combined authority. I hope the noble Lord will be slightly patient—perhaps we can come to that in a later grouping when my noble friend Lord Prior will be talking about health.

The noble Lord, Lord Beecham, also asked me, I think, what happens to business rates if a district joins a combined authority without a county. There is no direct relationship between the membership of the combined authority and the business rates, which will be subject to further legislation. I hope that that helps the noble Lord.

[Lord Beecham]

It depends on the legislation, although I do not envisage that the noble Baroness will be in quite the same position in that context as she has been over the point that she has just made. Can she indicate what time period we are looking at and what consultation will take place over that issue, and with whom?

[Baroness Williams of Trafford]

My Lords, I expect a very quick timescale, given that some devolution deals have already been done. Time would be of the essence in getting these matters through, so I would expect the consultation process and the regulations to be dealt with fairly quickly. That is imperative, given that devolution deals have been done with different places. I hope that that is good enough for him.

The noble Lord also asked me about Amendment 34. The regulations will be subject to the affirmative resolution procedure and the amendment makes clear exactly what procedures can be fast-tracked. These include changes to electoral arrangements but the Boundary Commission’s responsibilities remain unchanged. I think we went through that yesterday but I am very happy to confirm that, as it is a very important point.

The noble Lord also asked me whether the Government are trying to reorganise local government. The answer is no. We are here to assist where local government wants to reorganise itself in terms of unitarisation. He also asked whether we are taking a Henry Ford approach. I hope that Cornwall shows that we are not. It will be up to local authorities to come forward with their proposals for their areas in due course.

I have been passed a note which says that—if I can read the writing—regarding business rates, “future legislation” means primary legislation, which we will bring forward as parliamentary time allows. I hope that I have satisfied noble Lords in all the questions that they have raised.

[Lord Kennedy of Southwark]

Perhaps the noble Baroness could say a bit more. Regarding my noble friend’s Amendment 31C, I agree that we should move forward on a basis of consensus. I also agree that no council should have a veto. I accept that entirely, as it would just stop things happening. However, that is why my noble friend’s amendment says that either council may make a referral to the Secretary of State. His intention is to avoid that happening; equally, his intention is to get consensus where we can. Can she say why she will not accept that amendment?

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, we are trying to find the fine line here between consensus and councils not being able to veto the wider wish. I hope that that, in my own words, explains why we do not want to accept that amendment.

Motion agreed.

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 19 and 20.

19: Clause 8, page 9, line 6, after “liabilities” insert “(including criminal liabilities)”

20: Clause 8, page 9, line 15, at end insert—
“(5A) Subsection (5B) applies where an order under subsection (1) contains a reference to a document specified or described in the order (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).
(5B) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—
(a) as a reference to that document as amended from time to time, or
(b) as including a reference to a subsequent document that replaces that document, the order may make express provision to that effect.
(5C) See also section 19 of the Cities and Local Government Devolution Act 2015 (devolving health service functions) which contains further limitations.”

[Baroness Williams of Trafford]

My Lords, I beg to move that the House do agree with the Commons in its minor and technical Amendments 19, 20, 40, 41, 55 to 61, 83 and 84. Amendments 19 and 40 ensure that the reference to “document” in regulations is construed as referring to that document as it may subsequently be amended from time to time or replaced.

Amendments 20 and 41 ensure that it is possible to transfer along with a function the criminal liabilities associated with that function.

Amendment 55 makes it clear that, in addition to the ability to make any changes to legislation that may be needed in consequence of any of the provisions in this Bill, the Secretary of State also has the power to make regulations which make necessary changes following the making of secondary legislation made under the powers in the Bill.

Amendments 56 to 61, 83 and 84 provide that where the Secretary of State has powers in relation to certain electoral matters, those powers may also be exercised concurrently with the Chancellor of the Duchy of Lancaster. These amendments ensure consistency with similar powers to make secondary legislation regarding the conduct of elections in the Local Government Act 2000.

Motion agreed.

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 21 to 30.

21: Clause 8, page 9, line 35, leave out from beginning to “and” in line 36 and insert “the appropriate consent is given”

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 31.

31: Clause 15, page 14, line 33, at end insert—
“( ) In section 104 (constitution and functions of combined authorities: transport), after subsection (9) (inserted by section 9(1) above) insert—
“(10) An order under this section may be made in relation to a combined authority only with the consent of—
(a) the constituent councils, and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(11) In subsection (10) “constituent council” means—
(a) a county council the whole or any part of whose area is within the area or proposed area of the combined authority,
or
(b) a district council whose area is within the area or proposed area of the combined authority.
(12) Subsection (10) is subject to section 106A.”
( ) In section 105 (constitution and functions of combined authorities: economic development and regeneration), after subsection (3) insert—
“(3A) An order under this section may be made in relation to a combined authority only with the consent of—
(a) the constituent councils (as defined by section 104(11)), and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(3B) Subsection (3A) is subject to section 106A.”
( ) In section 106 (changes to boundaries of a combined authority’s area)—
(a) in subsection (2), omit paragraph (b);
(b) omit subsection (3);
(c) after subsection (3) insert—
“(3A) An order under this section adding or removing a local government area to or from an existing area of a combined authority may be made only if—
(a) the relevant council in relation to the local government area consents,
(b) the combined authority consents, and
(c) the mayor for the area of the combined authority (if it is a mayoral combined authority) also consents.
(3B) For the purposes of subsection (3A)(a), the “relevant council” in relation to a local government area is—
(a) if the local government area is the area of a county council, the county council;
(b) if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;
(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.
(3C) If there are two relevant councils in relation to a local government area by virtue of subsection (3B)(c), the condition in subsection (3A)(a) for the relevant council to consent is met if—
(a) in the case of an order under subsection (1)(a), either or both of the relevant councils consent;
(b) in the case of an order under subsection (1)(b), both of the relevant councils consent.
(3D) Subsections (2) and (3A) do not apply to an order under subsection (1)(b) that is made as a result of the duty in section 105B(1D) or 107B(4).”
( ) After section 106 insert—
“106A Section 106(1)(a) orders: consent requirements under other powers
(1) Subsection (2) applies where—
(a) the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the district council forms part of the area of a county council,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).
(2) The relevant power is exercisable whether or not the county council consents.
(3) Subsection (4) applies where—
(a) the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the county council includes the areas of district councils,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).
(4) The relevant power is exercisable whether or not the district council consents.
(5) In this section, “relevant power” means a power—
(a) to make an order under section 104, 105 or 105A, or
(b) to make regulations under—
(i) section 74 of the Local Government Finance Act 1988 (by virtue of subsection (8) of that section), or
(ii) section 23(5) of the Local Government Act 2003.””

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 32 to 35.

32: Clause 15, page 15, leave out line 25

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 36.

36: Clause 16, page 16, line 11, at end insert—
“(3A) Regulations under this section, so far as including structural or boundary provision in relation to a non-unitary district council area, may be made if at least one relevant local authority consents.
(3B) Local authority in this case is defined as—
(a) a non-unitary district council whose area is, or forms part of, the non-unitary district council area;
(b) a county council whose area includes the whole or part of the nonunitary district council area.
(3C) Relating to subsections (3A) and (3B)—
“non-unitary district council area” means the area or areas of one or more non-unitary district councils;
“non-unitary district council” means a district council for an area for which there is also a county council;
“structural or boundary provision” means provision about the structural or boundary arrangements of local authorities in regulations made by virtue of subsection (1)(c).
(3D) Subsections (3A) to (3C) expire at the end of 31st March 2019 (but without affecting any regulations already made under this section by virtue of subsection (3A)).”

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 37 to 44.

37: Clause 16, page 16, line 13, at end insert—
“( ) includes power to make different provision for different purposes;”

--- Later in debate ---

Moved by

[Lord Prior of Brampton]

That this House do agree with the Commons in their Amendments 45 to 51.

45: Clause 18, page 18, line 9, at end insert—
“(2A) The requirement in subsection (1)(a) for the relevant local authority to consent to the making of regulations under section 17 does not apply where—
(a) the regulations revoke (in whole or in part), or otherwise amend, previous regulations under that section, and
(b) the only purpose of the regulations is to provide for a health service function of the relevant local authority to cease to be exercisable by the authority (which may include provision under subsection (2)(b) in relation to that purpose).
(2B) In subsection (2A)(b), “health service function of a relevant local authority” means a function which—
(a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and
(b) is exercisable by the authority by virtue of regulations under section 17.”

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 52.

52: Clause 20, page 18, line 41, leave out Clause 20

[Baroness Williams of Trafford]

My Lords, in moving the Motion I shall speak against the amendment to the Motion, which will be moved by the noble Lord, Lord Shipley.

Commons Amendment 52 removes from the Bill Clause 20, which would amend Section 2 of the Representation of the People Act 1983 by lowering the minimum voting age from 18 to 16 for the local government franchise in England and Wales. Accepting Commons Amendment 52 would maintain the status quo on that local government franchise. Through his amendment the noble Lord, Lord Shipley, seeks to change that franchise so that 16 and 17 year-olds could vote in all elections that are based on this local government franchise, including local government elections in England and Wales, police and crime commissioner elections, those for the Greater London Authority and mayor, and elections to the National Assembly for Wales. Sixteen and 17 year-olds would be eligible to vote in local neighbourhood planning referendums, council tax referendums and referendums on local authority governance arrangements.

We have discussed the voting age a number of times, and I do not wish to detain this House any longer than may be necessary on this matter. On each occasion we have made the Government’s position clear—that is, we do not believe that it is appropriate to lower the voting age to 16; and even if it was, this Bill would not be the place to make such a change.

Moreover, the other place has on two occasions, and by significant majorities, voted in support of its Amendment 52 maintaining the status quo on the local government franchise. The views of the other place are clear, and I believe that on such significant constitutional matters this unelected House should accept the very clear decision of the other place, given the democratic legitimacy that it has.

As to the substantive arguments, which we have made clear in earlier debates on this issue, it is at 18 rather than 16 that society generally views a young person as becoming an adult. Furthermore, most democracies consider 18 the right age to enfranchise young people. Only Austria in the European Union has lowered the voting age to 16 for national elections. While accepting that it is entirely right that the issue of the franchise in Scotland is one for the Scottish Parliament, the Scottish experience and position do not provide an example that this Parliament must necessarily follow.

[Lord Purvis of Tweed (LD)]

My Lords, I cannot see the Minister’s noble friend Lady Goldie, who led for her party in the Scottish Parliament on this issue and gave enthusiastic backing for lowering the voting age for local government elections in Scotland. Given what the Minister has just said, will she clarify the Conservative Party’s position on the capacity of 16 and 17 year-olds to vote in local government elections? Her party seems to think that it is peculiarly difficult for English 16 and 17 year-olds to vote in council elections but that Scottish 16 and 17 year-olds have that capacity. Therefore, if local elections fell on the same day in Berwick and Berwickshire, the English 16 and 17 year-olds would, in the opinion of the Conservative Party, not have the relevant capacity whereas those in Berwickshire would. Will the Minister explain why that is the case?

[Baroness Williams of Trafford]

My Lords, I think I said that the franchise in Scotland was a matter for the Scottish Government, that this unelected House was not the place to discuss the franchise, that this Bill was not the place to discuss the franchise and that the other place had given its very decisive view on the franchise. Those are the main points I am making, not that children in Berwick are less able than children in Glasgow to have this franchise. I am discussing the appropriateness of introducing this measure in this place on this Bill at this time, and urging noble Lords not to support it. I hope that the noble Lord, Lord Shipley, will withdraw his amendment. It may be appropriate to have a full discussion on the franchise in the round at another time but now is not the time to do it. I hope that the noble Lord will withdraw his amendment.

Amendment to the Motion on Amendment 52

Moved by

--- Later in debate ---

[Lord Beecham]

When it comes to sitting on their hands, few better exponents of that philosophy could be found than those on the Liberal Democrat Benches. They sat on their hands and colluded with the enormous damage inflicted on local government and elsewhere for five years. They are not in any position to lecture us about anything around consistency. Furthermore, it is quite clear that the Government’s unfortunate position on this has been confirmed on three or four occasions in votes at the other end. We are not in a position to change that. Noble Lords on the Liberal Democrat Benches know that it will not change. This is gesture politics of a typical kind and we ought to have nothing whatever to do with it. When we get a change of Government, we will see a change in the voting age, not only for local authority elections but for parliamentary elections, European elections and any future referendums.

[Baroness Williams of Trafford]

My Lords, I think I had better quickly break up the fight. When is the right time to have the debate on the franchise? It is most certainly not in a devolution Bill, in the House of Lords, when the House of Commons has voted decisively, on two occasions, to overturn this amendment. As for any arguments in addition to those I have already made, I have nothing much to add other than to back up the points that the noble Earl, Lord Listowel, made at the previous stage of the Bill. The Electoral Commission has also voiced concern about this amendment. Other than that, I have nothing further to add. It is not the time, it is not the Bill and we are not the House to be deciding this.

[Lord Shipley]

My Lords, I am very grateful for the contributions that we have had from a number of Members of the House. They have at least helped to inform our thinking. I listened very carefully to the Minister’s reply, which has not added much at all. I conclude two things. First, there was no indication in that reply that the confirmation by the Minister in the other place, James Wharton, in November, that it was undeniable that there is a debate to be had on the issue, will be acted on by the Government. I think that it should be.

Secondly, this House supported the lowering of the voting age when it last considered the matter as part of this Bill. I think it is for the House to decide whether it wishes to press the matter further. I hope that it will. It is very important that we should engage young people with the democratic process at an earlier age than 18, and I therefore beg leave to test the opinion of the House.

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendment 54.

54: Insert the following new Clause—
“English National Park authorities: general powers
After section 65 of the Environment Act 1995 insert—
“65A English National Park authorities: general powers
(1) An English National Park authority may do—
(a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”),
(b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes,
(c) anything it considers to be connected with—
(i) any of its functions, or
(ii) anything it may do under paragraph (a) or (b), and
(d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose.
(2) Where subsection (1) confers power on an English National Park authority to do something, it confers power (subject to section 65B) to do it anywhere in the United Kingdom or elsewhere.
(3) Power conferred on an English National Park authority by subsection (1) is in addition to, and is not limited by, the other powers of the authority.
(4) In this section, and in sections 65B and 65C, “English National Park authority” means a National Park authority for a National Park in England.
65B Boundaries of powers under section 65A
(1) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation.
(2) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
(a) to its power under section 65A(1),
(b) to all of its powers, or
(c) to all of its powers but with exceptions that do not include its power under section 65A(1).
(3) If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power.
(4) Section 65A(1) does not authorise an English National Park authority to borrow money.
(5) Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose.
(6) Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
(7) Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through—
(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or
(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
(8) In this section—
“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
(a) is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or
(b) is contained in an instrument made under an Act and comes into force on or after the commencement of section (English National Park authorities: general powers) of that Act;
“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
(a) is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or
(b) is contained in an instrument made under an Act and comes into force before the commencement of section (English National Park authorities: general powers) of that Act;
“pre-commencement power” means power conferred by a statutory provision that—
(a) is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section (English National Park authorities: general powers) of that Act;
“statutory provision” means a provision of an Act or of an instrument made under an Act.
65C Power to make provision supplemental to section 65A
(1) The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations.
(2) The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
(3) Before making regulations under subsection (1) or (2) the Secretary of State must consult—
(a) such representatives of English National Park authorities,
and
(b) such other persons (if any), as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply to regulations under subsection (1) or
(2) which are made only for the purpose of amending earlier such regulations—
(a) so as to extend the earlier regulations, or any provision of the earlier regulations, to English National Park authorities,
or
(b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities.
65D Procedure etc. for regulations under section 65C
(1) The power to make regulations under section 65C—
(a) is exercisable by statutory instrument;
(b) includes power to make different provision for different purposes;
(c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision;
(d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2015 or in the same Session as that Act.
(2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind—
(a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b);
(b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose;
(c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act.
(4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament.
(5) If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.””

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, this will be my last opportunity to thank all noble Lords who have been involved with this devolution Bill. From my point of view it has been a very constructive process. It is my first Bill and I have rather enjoyed it, given the debates that we have had.

I now beg to move that the House do agree with the Commons in their Amendment 54. I shall speak also to Amendment 77 in relation to the general power of competence for national parks.

I am grateful to my noble friend Lord De Mauley for bringing this issue to my attention. He and I met the national park authorities on 23 July to discuss the matter. Alas, this was after the Bill had left this House, so we sought to resolve the issue by amending the Bill in another place.

Amendment 54 confers new general powers on national park authorities in England similar to those conferred on, among others, fire and rescue authorities and integrated transport authorities in Chapters 2 and 3 of Part 1 of the Localism Act 2011. These new powers for national park authorities can be described as a functional power of competence. The new powers allow an authority to act as an individual could, with certain limitations, in relation to the functions that an authority has. For example, the powers will allow a national park authority to act through a company and to trade in a broader way than it currently can.

National park authorities have asked for this power as they consider it will enable them to act in a more entrepreneurial and innovative way. They believe they will be in a better position to enter into partnerships that will support growth across our rural economy. For example, it will enable them to work in partnership with other bodies more proactively on the rollout of broadband, and to make a contribution towards the implementation of broadband infrastructure. Jim Bailey, the chair of National Parks England, has said:

“We are pleased to see the Government introduce this amendment. This will help National Park authorities to maximise opportunities to fulfil our statutory purposes”.

It is important, though, to understand that a power of competence does not override existing legislation, so national park authorities will continue to be bound by their statutory purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of an area and promoting opportunities for the understanding and enjoyment of its special qualities.

The statutory framework of protection and consent will remain unchanged, and in using their new powers, the park authorities cannot promote or permit activities that are incompatible with these statutory purposes. The power will not be used to encourage or permit too much or inappropriate development in national parks. It is also important to be clear that this power will not be used by national park authorities as an opportunity for them to start charging entry to national parks. All but a very small percentage of land in national parks is owned privately—this is an important point—not by the national park authorities, and therefore they have no legal basis for doing so.

[Lord Deben (Con)]

My Lords, can my noble friend give an assurance that these new powers, which are no doubt welcome, will not be used by park authorities to enable them unfairly to compete with people within the parks? Unfortunately, some national parks have behaved in a pretty high-handed way. I think that happens less now than when I was Secretary of State, when I had to deal with such cases. I just want to make sure that the new powers cannot be used in a non-competitive way.

[Baroness Williams of Trafford]

My Lords, there has been much speculation about what these powers might mean in respect of fracking and so on. The whole purpose of the amendment is to give park authorities the scope to be more innovative, rather than to act in an unduly competitive way with each other.

The part of government Amendment 77 that amends Section 65 of the Environment Act 1995 is minor and technical and contains the amendments consequential on government Amendment 54. I hope that noble Lords will feel able to accept the amendment.

[Lord Beecham]

My Lords, this amendment is welcome and has been warmly supported by the national parks authorities, although I understand that there was some slight misunderstanding about that on the part of the Opposition in the House of Commons. Certainly, we want to endorse the sentiments of the noble Baroness about the potential for each national park authority. Of course, I come from a part of the world where there is a remarkable national park, and it occurs to me that the Government might want to facilitate a close relationship between combined authorities such as the one in the north-east and, I suspect, the one in the Sheffield area with the Peak District National Park, so they can collaborate in a way that perhaps was not possible before. It would of course be a matter for the authorities, rather than for legislation, but it is something the Government might encourage.

One matter that was raised in the House of Commons was clarified at the time by the Minister, but I invite the noble Baroness to repeat the assurance that nothing in this proposal would facilitate the adoption of fracking in any national park area—that is, that it would not be open to a national park authority to allow such a development. It would be good to have it on the record in your Lordships’ House as well as in the Commons.

--- Later in debate ---

[Lord Beecham]

My Lords, I appear to have failed to notice that we are dealing with the last group of amendments. Obviously I want to join the noble Lord, Lord Shipley, in thanking the Minister for her charming and helpful approach to legislation—this will do her reputation as a Minister no good at all—and to thank the members of the Bill team, who have always been helpful and approachable. That has been the case right from the start, I believe, some nine months ago when the Bill was conceived and has now been delivered in its final shape. It bears a great deal to the way in which the noble Baroness and her colleagues have assisted Members from all sides of the House.

[Baroness Williams of Trafford]

I thank the noble Lords, Lord Beecham and Lord Shipley, for their kind words. All three noble Lords have talked about the power of collaboration between authorities while not under- mining what the original intent of the national park functions is. I agree with the noble Lord, Lord Judd, that the new power of functional competence does not change the statutory duty and purpose of the park authority; I can give him an absolute assurance on that. I can also assure the noble Lord, Lord Beecham, that nothing in the proposal facilitates fracking. I think I gave that assurance to my noble friend Lord Deben. It might help him if I read the provisions of new Clause 65C to be inserted under Amendment 54. It states:

“The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations”.

The Secretary of State has the power to make sure that the checks and balances are in place for a national park’s priorities and functions to be protected.

I think that I have answered all points made by noble Lords and I thank them for the enjoyable experience that this Cities and Local Government Devolution Bill has been.

Motion agreed.

--- Later in debate ---

Moved by

[Baroness Williams of Trafford]

That this House do agree with the Commons in their Amendments 55 to 87.

55: Clause 22, page 19, line 8, after “of” insert “, or made under,”