English Devolution and Community Empowerment Bill

Earl of Devon Excerpts

Committee stage
Tuesday 20th January 2026 Grand Committee

[The Earl of Devon (CB)]

My Lords, I was not going to speak on this group, but the amendments from the noble Baroness, Lady Bennett, made me think that it might be helpful to ask the Minister to explain where she sees land management and agricultural policy fitting in any of these categories. This is a bit of a precursor to the rural affairs amendment coming up, but it would be helpful at this stage to hear that. Food security is key to the agricultural policy that the noble Baroness, Lady Bennett, raised. I note my interests as a farmer in Devon. I also sit on the food security programme board for the Great South West. I am interested to understand whether the Government think that strategic authorities will have some competence over those areas. It will be interesting to hear what the Minister thinks.

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[Lord Bassam of Brighton (Lab)]

My Lords, I want to speak to the amendment from the noble Earl, Lord Clancarty. I became leader of Brighton council in 1987. One of the first things that we did was triple our spending on the Brighton Festival. At the time it seemed like a fairly minor thing, but it triggered a lot of inward investment through leverage. It demonstrated to me the importance and the value of public sector investment in the arts. Since then, the Brighton Festival has grown; it is now one of the largest arts festivals in the country. But you have to make that important statement to attract extra funding and inward investment.

I currently chair a seafront regeneration board for Brighton and Hove City Council. One of the things I am quite determined to do is to bring a new major art gallery to our city, because it is one of the missing elements. Those things have a long-term strategic benefit and that is why I think adding this as an area of competence to strategic authorities is very important.

After all, it is one of the Government’s missions. We often talk about the £128 billion value to the UK economy of the arts. If we can embed that statutorily, we can grow and develop our reputation. We are one of the arts growth leaders in the world economy. It would greatly help our growth mission and our economic and industrial mission if we were to place this as an important strategic responsibility.

Without that, as others have said, it is not there—it is voluntary and it is very much up to the localities to determine, as they rightly should, what their priorities are. But it is an encouragement, and that long-term commitment and encouragement will make a very significant difference to the development of arts and cultural services across the UK.

[The Earl of Devon (CB)]

My Lords, I would like to add a small voice to the chorus of support for these amendments. I do so from the perspective of my role as the owner of a cultural institution in Devon and my work on the Exeter place partnership, which has been particularly successful in encouraging arts and heritage activities within the city over recent years, such as Radio 1’s Big Weekend, the Rugby World Cup and the Women’s Rugby World Cup. It has been a tremendous success for the city.

I do not want to repeat what has been so excellently stated by many noble Lords. It does not need repeating. But there is one area to consider that maybe has not been emphasised: the importance for the strategic authorities created under this Bill of having competency over the arts and creative industries within their region. If they do not have the competency over these areas within their region, obviously someone else is going to, and that will be a central authority. That is going to homogenise and fail to develop the cultural identity of the strategic authority region. If we can bestow that core competency on the strategic authority, we will see the identity of that strategic authority grow and improve. It will better sustain the health and vibrancy of the strategic authority itself—not just the region but the strategic authority—and we should think of that.

[Lord Wallace of Saltaire (LD)]

My Lords, we on these Benches very much support the inclusion of this measure—above all because, if it is enlisted as one of the areas of competence, it will strengthen the argument that strategic authorities will have to make with the all-powerful Treasury that this is one of the funding elements that must be included.

I declare an interest: I live in Saltaire, which is a world heritage site. We are an open world heritage site, which means that we cannot charge for entry. The delicacy of our relations with Bradford Council, with a very strapped budget in terms of providing the resources to cope with the tourists and visitors, is very much one of the things we have to struggle with. As other noble Lords have said, Bradford has just had the most successful City of Culture year. It has done a huge amount for social cohesion and morale—indeed, for all the things the noble Lord, Lord Mawson, was talking about earlier, in terms of expanding people’s horizons and bringing people together.

Culture has been funded through a range of different streams. We all know about and remember the battles with Arts Council England about funding areas outside London. We have seen the way in which local councils used to pull cultural elements together through education in schools, local music arrangements and so on. They have dismantled those music hubs, which have been played around with—they have been constructed and put together, then taken apart—and schools have become very separate. If we are to build back to local intervention, local help and regional support, culture needs to be stressed as one of the things that is of enormous benefit to all of us, both socially and economically. It has been squeezed as councils at all levels have had to squeeze their budgets; they have found that culture is one of the things that has to go, as other things seem more important immediately, but it leaves a huge gap in the long run.

English Devolution and Community Empowerment Bill

Earl of Devon Excerpts

2nd reading
Monday 8th December 2025 Lords Chamber

[The Earl of Devon (CB)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Griffin.

I note my interest as the Earl of Devon and—perhaps unsurprisingly—will speak to the impact of the Bill on that county, where I co-chair the Exeter Partnership, promoting the interface between the city and its rural hinterland. I am a programme board member for the Great South West, and I liaised with Devon County Council and Exeter City Council on their respective—but regrettably conflicting—local government review proposals. I sat on the recent Devon Housing Commission chaired by the noble Lord, Lord Best, and I am a partner in a law firm originating in Devon that practises in many areas impacted by the Bill. I also operate a Devon-based heritage, land and farming business, which interacts with various tiers of local government, not least in licensing, economic development and planning.

Despite so many touchpoints, I am not a politician, so, like the noble Baroness, Lady Griffin, I remain somewhat mystified by the workings of local government and its many levels. I am therefore benefiting immensely from the wisdom of this informed and erudite debate. If I remain ignorant of local government after a decade of involvement, I am concerned about how we educate and inform those who might be less engaged. Many people—the typical local resident; the consumer of local public services who is due to elect their local leadership after the passage of this Bill; the new strategic mayors; and the new unitary local councillors—must be bemused by the complexities of local governance, with its various and changing boundaries and tiers. Perhaps this explains the lack of participation in local authority elections, about which we have heard. Voters simply do not know what they are asked to vote for.

To the extent that the Bill simplifies matters and creates a consistent and level playing field across England, it therefore has my tentative support. But can the Minister outline what plans are in place to provide an education for the nation on the reforms that are taking place, so that we decrease the disenfranchisement that arises from our collective ignorance?

As a feudalist who owes his presence here to the regional autonomy of the south-west during the 13th and 14th centuries, I can only applaud the Government’s efforts to return us to the status quo ante. It is ironic that, as we are banished from Westminster due to our antiquated nature, the Government seek to return to the regionalism that typified the Plantagenet era. That was before the trauma of the Wars of the Roses, which caused the Tudors to centralise authority, thereby creating one of the most centralised countries in the world, which now has some of the highest levels of geographic inequality in Europe.

Historical context aside, given the poverty suffered by once-prosperous rural and coastal communities in the south-west, the peninsula’s best bet for economic and social development stems from greater regional autonomy, so that it can look to its strengths—the traditions of trade, innovation and exploration—to chart a path to a sustainable and better future. I therefore support the broad ambitions of the Bill, but I reserve judgment until I understand how it will impact the south-west. Specifically, what form of strategic authority does His Majesty’s Government foresee for the region? Was Luke Pollard correct when he told the Great South West conference that Cornwall cannot go it alone and must combine with its neighbours to form a strategic mayoralty? That would necessarily mix the cream with the jam, I say with a nod to the noble Lord, Lord Teverson.

Equally, what does local government reorganisation look like for Devon? I understand that the closing date for LGR submissions saw a smorgasbord of proposals from Plymouth, Torbay, Exeter and Devon councils, and maybe more—indicative perhaps of the county’s long-standing tradition of political diversity. How will those different proposals be resolved? Was it really wise to invite existing local governments to propose their own reorganisation, when their response will necessarily be informed by their own political interests? Turkeys rarely vote for Christmas.

Perhaps a more pressing concern is what will happen in the interim while local government is reshaped. Looking specifically at housing and the target of 1.5 million new homes, planning departments surely need to be focused on nothing but delivery. However, with recent amendments to the NPPF and the upheavals due to the Planning and Infrastructure Bill, the landscape for local planning is in great flux. Add to that the promise of wholesale local government reorganisation—some 10 planning authorities in Devon are due to be rationalised to two, three or maybe four unitary authorities—and we can only pity the local departments, which are generally understaffed and overworked and may not even have a job in a few years’ time. The Devon Housing Commission found that one of the major challenges to the delivery of affordable housing was uncertainty in the planning process, and that will only get worse.

Also of concern is the status of rural communities. The Government must be aware of the productivity gap between rural and urban, as well as the terrible poverty that exists, often unnoticed, in rural and coastal communities. As an advocate for the interdependence between rural and urban societies, I believe that we should seek, wherever possible, better integration of the two for the benefit of both. However, there is a danger that the specific challenges of rural communities will be ignored and even exacerbated where they are governed by a leadership that has a predominantly urban interest. The expansion of strategic authority coverage will include large swathes of rural England for the first time, and steps must be taken to ensure that rural residents are protected and able to thrive. There is not a single mention of “rural” in the Bill’s 360 pages, so I invite the Government to consider amendments to establish a rural commissioner as well as duties to consider rural needs.

There are multiple further aspects of the Bill that are of interest, including the environmental and climate change competences. With my tech lawyer hat on, I note that the future-proofing of local private hire vehicles is of some interest, particularly having spent time in California, where Waymo autonomous vehicles are predominant. With my property barrister hat on, I will be interested to understand the policy behind the abolition of upwards-only rent reviews. On assets of community value, I recommend to the House the tireless work of the Plunkett Foundation; I look to forward to sharing with noble Lords its insightful work in this space.

New Homes Target

Earl of Devon Excerpts

Tuesday 21st October 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

We have made it clear that we expect new homes to be built with PV panels wherever possible, although it is not possible in every instance. Later this year, we will bring out our future homes standard, which will set clear expectations around the energy efficiency of homes. It is important not only for all householders that their homes are efficient for the purposes of lower bills but for the planet that we are doing the best we can with the energy we have.

[The Earl of Devon (CB)]

My Lords, to return to local authorities, have the Government assessed the impact on their 1.5 million homes target of local government reorganisation? I sat last year on the Devon Housing Commission chaired by the noble Lord, Lord Best, and it found that one of the biggest challenges for development in the county was local authority and planning departments. I know for a fact that, over the next two or three years, every planning department in Devon will be challenged by the considerable reorganisation due to take place.

[Baroness Taylor of Stevenage (Lab)]

That is an appropriate question for today because I met the leader of Plymouth City Council just this morning, and we talked about some of the issues facing Devon. We understand that the reorganisation of local government adds to the considerable pressures that local authorities already face. However, it is essential to ensure that local authorities are as efficient and sustainable as possible. We are working closely with our local authorities on that project. We have helped our local planning authorities with resourcing through an increase in planning fees for householders and other applications, as well as through measures in the Planning and Infrastructure Bill to enable local planning authorities to set their own planning fees to cover costs. We have also provided a £46 million package of support to help train and build capacity in local planning authorities.

Local Government: Electoral Quotas

Earl of Devon Excerpts

Tuesday 11th February 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

The boundary commission is focused on making sure that the structure of the electoral wards and divisions meets the needs of the council concerned; that is, in respect of the types of decisions being taken, the need for strategic leadership in those areas to enable the appropriate scrutiny of decisions and making sure that councillors can meet their community responsibilities. It has been doing this for decades, and I am sure it will continue to do so.

[The Earl of Devon (CB)]

My Lords, to add another voice of rural concern, is there not a danger that coupling local government re-organisation with such wholesale reform of planning, while promising 1.5 million new homes, threatens complete local government meltdown and undue stress on local authority planning departments?

[Baroness Taylor of Stevenage (Lab)]

I have met a huge number of local government representatives and MPs in the last couple of months. They are all determined to ensure that this process goes through smoothly without impacting on “business as usual” for local government. They are all very committed to doing that and have been very positive in their response to it. They see the benefits of the new arrangements in making local government more efficient and effective for the people whom they serve—which is what everyone in local government is looking for.

English Devolution

Earl of Devon Excerpts

Thursday 19th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Lord for his questions. This is about real devolution of powers and funding, and there are real benefits there to those who take up the offer. The earlier they start to get established, the more powers they will be able to take on. That is a really important step for councils to take.

In terms of the letter, I have looked closely at it and it is asking for expressions of interest only by 10 January. For those who want to move quickly, we will ask them to submit their proposals by May—that is, full proposals for reorganisation and devolution. For those who want to move more slowly, they can do that at their own pace. We would hope to get proposals across the board by autumn this year.

[The Earl of Devon (CB)]

My Lords, as a feudal hereditary being thrown out of Westminster, I am quite excited at the prospect of devolution. I have been Earl of Devon for 10 years and, in that role, have tried to understand how local government works across Devon. It is complicated and very difficult, with eight district councils, two unitaries, a county council, et cetera. I was with Exeter City Council on Monday as the announcement was being made, and people there were incredibly uncertain as to the implications for the city council and their plans going forward. Lots of people across the region are confused about the implications of this.

There is so much work to be done at local government level, not least the 1.5 million new homes—and later we are going to debate economic development. I am concerned that, with yet another change in local government, and another step in devolution, people simply will not understand where they have recourse and how it works. I still do not understand it, and I wonder what effort the Government will make to inform people, educate them and make sure that local people really feel that they understand what is happening.

[Baroness Taylor of Stevenage (Lab)]

I thank the noble Earl. I have already started a series of meetings with councils in local areas to understand where they are with this programme. I am happy to meet with any of them, so, if he wants to encourage his colleagues in Devon to meet me, I would be more than happy to do so. I shall take back to the department the comments that the noble Lord, Lord Jamieson, and the noble Earl have made about the letter, and see whether we feel that any further clarification should be made.

Of course, there will be a programme of communication with the public, but the point about this is that it is a White Paper, so it is for consultation. If there are points in it that need clarification, I urge people to get in touch with the department, because we want to get people’s responses to this and, if there are elements that need clarifying before people feel that they can respond, we are happy to do our best to clarify those—so I do urge people to contact myself or the department.

New Homes

Earl of Devon Excerpts

Wednesday 11th December 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend. He is right, to the extent that we recognise the constraints. We spent a lot of time early in government identifying what they were, working with the sector. We expect housebuilding activity to double in four years, but the supply of construction materials would need to increase by only about 20% to meet the demand, because housebuilding makes up only about 20% of the construction sector. We expect demand for construction products primarily used in housing, such as bricks, and green tech, such as PV panels and heat pumps, to increase at a high rate, and we see that as an opportunity for great British innovators to get going and improve the supply chains with us.

[The Earl of Devon (CB)]

My Lords, during the passage of the Environment Act we introduced the excellent principle of biodiversity net gain. In Committee we voiced concerns over the lack of qualified BNG assessors both in the private sector and, more importantly, in local government. The Minister—the noble Lord, Lord Goldsmith of Richmond Park—assured me that the markets would provide. I was sceptical then, and I am sceptical now, given local government finances. What update can the Minister provide us on the availability of those qualified to assess biodiversity net gain?

[Baroness Taylor of Stevenage (Lab)]

We are increasing the support for the planning system, but the specific point about biodiversity net gain assessors is, I appreciate, a different issue. We expect that planning officers will take a role in this, but we need a specific increase in BNG assessors, so if I may I will reply to the noble Earl in writing on that matter.

Social Disorder

Earl of Devon Excerpts

Wednesday 4th September 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

Government policy plays a key role in supporting thriving and resilient communities. Under the Conservative Government, however, we saw a lack of investment in local authorities and public services. That has left our communities more vulnerable to cohesion challenges and wider economic and social deprivation challenges. The recent Khan review into social cohesion and resilience highlighted that communities with lower levels of cohesion were less resilient to the threats of extremism. The review called for a more institutionalised and coherent approach to social cohesion to address these issues. I reassure my noble friend that work is under way in my department to develop a stronger approach to support our communities and build resilience against challenges.

[The Earl of Devon (CB)]

My Lords, the riots were deplorable and their perpetrators and instigators are criminals. Those criminals feed on a real fear, however, and a dangerous sense of dislocation among those who consider themselves our traditional indigenous English population. At a time of such social dislocation, is it wise for His Majesty’s Government to be assaulting the traditional fabric of this Parliament and our constitution by reforming this House?

[Noble Lords]

Oh!

Leasehold and Freehold Reform Bill

Earl of Devon Excerpts

Committee stage
Monday 22nd April 2024 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I am not prepared to give any ballpark figures from the Dispatch Box, but I will look into it and let the noble Baroness know. I apologise that I do not have that figure with me today.

Before I finish on this group, I have government Amendment 8, which makes minor clarificatory changes to the definition of shared ownership leases permitted under the leasehold house ban to clarify its intent. The amendment adds a further condition to permitted shared ownership leases, confirming that where a shared ownership leaseholder has acquired 100% of the equity in the house, they will then be transferred the freehold of the house at no extra cost. This brings the definition into line with government funding programmes and definitions elsewhere in the Bill. I look forward to hearing—

[The Earl of Devon (CB)]

Just to return to the National Trust exemption, are the Government satisfied that there are no other institutions similar to the National Trust that have similar obligations of heritage maintenance, will be impacted by these provisions and should also possibly be exempted? If there are, how would they be able to grant long leases on property that needs to be maintained for heritage purposes?

[Baroness Scott of Bybrook (Con)]

We have been working with the stakeholders for many months, if not years, on this. If the noble Earl looks in the schedule of exemptions, I think he will find everybody that wanted to be there. We have agreed to put them there, but if he has any particular group in mind, I would like to hear about it, please.

Government Amendment 8 is also relevant to the following group of amendments, so perhaps we could take that into consideration on the next group. In the meantime, I look forward to hearing from noble Lords about how they think these measures can be improved as we move through the Bill. I ask that the clause stand part and that the amendments are not moved.

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[Lord Young of Cookham (Con)]

My Lords, I will make a brief intervention to support the thinking behind Amendment 14, in the name of the noble Baroness, Lady Fox. We all understand the disappointment that it has not been possible to make progress with commonhold in this Parliament. We all understand that it would be impossible to try to retrofit commonhold into the existing legislation. One thing we have learned over the last two parliamentary Sessions is that the capacity of the department to produce legislation that does not need wholesale amendment as it goes through is limited. We all bear the scars of the levelling-up Bill.

We have also seen the number of government amendments that have already been tabled to this Bill. What ought to happen, and I wonder whether my noble friend would smile on this, is that at the beginning of the next Session, a draft Bill should be published on commonhold. That would enable us to iron out all the wrinkles and expedite the passage of an eventual commonhold Bill when it came forward. There is all-party agreement that we need to make progress with commonhold, so urgent work now on producing a draft Bill is time that would not be wasted. It would mean that early in the next Session of Parliament we could produce a draft Bill—we have the Law Commission’s work, which we could build on—and iron out all the wrinkles. Then, when the actual Bill came forward, we would be spared, I hope, the raft of government amendments. I exempt my noble friend on the Front Bench from responsibility for this; it would be a faster destination.

By way of comment, what has happened to draft Bills? When did we last see a draft Bill? If you look at the Cabinet Office’s recommendation, I think in 2022 it said that they should be part of a normal legislative programme; there should be a number of Bills produced in draft, which we can get our teeth into. All my experience as chairman of the Parliamentary Business and Legislation Committee is that when you have a draft Bill, the actual Bill goes through much more quickly. Again, my noble friend has no responsibility for the legislative programme, but I think we need to spend more time as a Parliament looking at draft Bills rather than at Bills that have been drafted in haste, and then having to cope with a whole range of government amendments.

[The Earl of Devon (CB)]

My Lords, I too was unable to speak at Second Reading, and I apologise for that. However, I was able to attend much of the debate and to listen to a number of your Lordships’ speeches. I noted the numerous times in which leasehold tenure was described as “feudal”; we have heard this many times today. It is used as a pejorative term, which I do not strictly agree with, being a feudal Member of your Lordships’ feudal House, serving our feudal sovereign. It seems a somewhat discriminatory term to use. I also note that not all feudal rights are bad; we laud the Magna Carta, the right to trial by jury, and the rights of habeas corpus, all of which are essential feudal rights. I would hazard that leasehold tenure is similarly a feudal right that we should be particularly proud of, like your Lordships’ feudal House.

That said, I realise that the days of leasehold are numbered, but we should not remove such an important element of our residential housing market without ensuring that there are at least adequate alternatives that are fit for purpose. There currently are not. I believe it a mistake to dismantle leasehold tenure without ensuring that the commonhold alternative is fit for purpose.

Here I note my interests: in 2003, as a junior property barrister, I was a contributing author to a handbook on the exciting new tenure of commonhold. Since then, and despite our best hopes, the book has sold barely a copy, and I understand that commonhold has been adopted by hardly anyone. In 2015, and again more recently, the Law Commission has explored the shortcomings of commonhold, and has, as we have heard, identified numerous ways in which the law could be amended to make it better. I believe the Government are therefore wrong not to have grasped the nettle and made commonhold fit for purpose at the same time as, if not before, introducing this piece of legislation.

For this reason, I support the probing amendment of the noble Baroness, Lady Taylor, with respect to the publication of a commonhold strategy. Without that viable alternative, I am particularly concerned that the leasehold reforms will have the unfortunate effect of decreasing the available housing stock, and will drive up the price of housing, which will decrease the number of homes that are affordable. I note my interests as a member of the Devon Housing Commission, ably chaired by the noble Lord, Lord Best, which is exploring why there is so little housing available in the county for people who actually live there.

I have a question for the Minister: have the Government sought to measure the likely impact of the Bill on the availability of new housing, and the willingness of freeholders to make land available for development?

New Homes

Earl of Devon Excerpts

Tuesday 12th September 2023 Lords Chamber

[The Earl of Devon (CB)]

My Lords, for some weeks we have heard scare stories that 100,000 new homes are blocked by the rules on nutrient neutrality. I am therefore glad that the Government have debunked that myth with their recent explainer, which states that only 16,500 homes are currently impacted. By comparison, Savills estimates that 150,000 homes are land-banked in 2021, and Homes England sits on 250,000 more new homes. Given those numbers, is there any real justification for the Government’s assault on the habitat regulations, the health of our rivers and their own good environmental reputation?

[Baroness Scott of Bybrook (Con)]

Yes, there is, my Lords. The 16,500 figure is annual, while the 100,000 figure is between now and 2030. The Government have put in place a package of mitigation that will allow us to deal with nutrient neutrality not as a sticking plaster, stopping housing being built, but by dealing with the issues at source. If the noble Earl reads the mitigation circumstances, he will see what we are doing and how much we are investing in that.

Leasehold Enfranchisement

Earl of Devon Excerpts

Tuesday 2nd May 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank the noble Lord for that question. I am afraid I cannot tell him whether the few cottages on the Isles of Scilly that he refers to will be covered, but I am sure he will ask further questions during the passage of that Bill.

[The Earl of Devon (CB)]

My Lords, over 20 years ago we introduced the law of commonhold, and I think I contributed to a textbook on the subject as a junior barrister. In the years since, I think only about 20 commonholds have been established. I know the Law Commission looked at this a couple of years ago, and commonhold is designed to be a better alternative to leasehold without the complications. Can the Minister explain what is happening to update commonhold and to encourage the adoption of it?

[Baroness Scott of Bybrook (Con)]

The noble Earl brings up a very interesting point. Commonhold, as he knows, allows home owners to own the freehold of a unit, such as a flat, within buildings and it is commonplace in places such as Australia, New Zealand, the US and Canada. Unlike leasehold, commonhold does not run out, there is no third-party landlord and owners are in control of the costs and decisions affecting the management of their buildings. Commonhold was introduced in this country in 2002, but for some reason it has not taken off and, as the noble Earl says, there are currently fewer than 20 commonhold developments. In 2020, the Law Commission recommended reforms to reinvigorate commonhold as an alternative to leasehold ownership, and the Government are looking at this and will respond in due course.