English Devolution and Community Empowerment Bill

Debate between Lord Shipley and Lord Bach

Report stage
Tuesday 24th March 2026 Lords Chamber

[Lord Bach (Lab)]

My Lords, this is going to be the shortest speech I have ever made in the Chamber, but it is really meant. I thank the Government and the Minister for the three amendments that I moved at an earlier stage, which are now tabled as government Amendments 42, 46, 51 and 62. These make three excellent changes that will very much assist the flexibility that will be enjoyed under the new devolution principles. Again, I thank the Minister very much for her and the department’s assistance with these three very good amendments—I think that is now probably the unanimous view—that will add to the Bill.

[Lord Shipley (LD)]

My Lords, I can see that this is a very important group. We have moved on, and I am happy for us to have moved on. So, while in Committee I said that I wanted to see the abolition of the principle of unelected commissioners—it is the unelected bit that has really bothered me—they will not have powers to vote or make decisions. You can therefore make the case for the expertise that is required—certainly in some of the areas of competence that the Government are proposing. We can debate whether there should be five, seven, 10, or some other number, but I would devolve it and let people make their own decisions at a more local level.

I got concerned last week as I began thinking about the Government’s changes to overview and scrutiny. I welcome them very much: a lot of progress is being made. The question for me was: who appoints a commissioner, and to what test and what level? If a mayor can appoint a commissioner, what criteria are used for that appointment? I thought that the overview and scrutiny committee could be used, before somebody was appointed, to assess whether the person being appointed would be satisfactory in the role. I have come to the conclusion that Amendment 45, in the name of the noble Baroness, Lady Scott, and the noble Lord, Lord Jamieson, is a better amendment.

We need an appointments process that is public: a fair and open selection process where the criteria and the process are publicly understood, as are levels of remuneration. As the noble Baroness, Lady Scott, and the noble Lord, Lord Jamieson, have said, this will be in order to ensure transparency and accountability. This really matters: the public will not have confidence in some of these appointments if they think that someone has been appointed without the right qualifications or experience to undertake the job. When you give power that is too great to an individual—a mayor—there is a danger that, in some places, at some times and on some occasions, that could happen, and we do not want it to. I want the Bill to succeed; we are in favour of driving the devolution agenda.

I am not planning to move Amendments 48, 66, 57 and 58 in this group, but I hope very much that, if the noble Baroness, Lady Scott, decides to press Amendment 45, she will have our support.