Cities and Local Government Devolution Bill [HL]
Debate between Lord Shipley and Lord Grocott
Lord Shipley
My Lords, there are two amendments in this group. I support Amendment 3, which was moved by the noble Lord, Lord McKenzie, and shall speak to Amendment 4. In essence, the question being addressed is whether it should be compulsory for there to be an elected mayor in some circumstances.
There are two ways of looking at this. First, with a directly elected mayor, there would be a direct connection between the ballot box and the additional powers being devolved, which would give local electors a say in who is running the devolved powers. It would also give the combined authority a chair who is not dependent on a single council for their authority. On the other side of the equation, it represents a huge concentration of power in one person, and it raises the question, which we debated in Committee, of whether the range of responsibilities is so vast that one person cannot do it all. In the context of some areas, such as the north-east of England, which I know well, the scale of the geographical area, which would run from the Scottish borders almost to the Tees valley, is so very large that it is very difficult to see how a single person could run that huge geographical area, even with the support of the leaders of the seven constituent councils. So it is right, as the noble Lord, Lord McKenzie of Luton, said, that constituent councils, together with their combined authorities, should have the right to come forward with different models to propose to the Secretary of State.
We addressed this issue in Committee with a proposal for a greater degree of direct election to the combined authority. It would have provided a stronger degree of legitimacy because the electors would have had a role in electing more people than just the single elected mayor. But that proposal was not supported by your Lordships’ House and, as a consequence, we have not proceeded with it on Report. As we have made clear, we want devolution to succeed, but it has to succeed with clear legitimacy across the whole of a combined authority area. There are serious dangers that if it is not owned across the whole of that area, the public will start to turn against it.
One other aspect of this relates to the overview and scrutiny processes, and we discussed in Committee how that might be done. We will debate this later, but the Government have come up with some proposals that, while not as strong as I believe they should be, are certainly stronger.
I support Amendments 3 and 4 because they would give the essential flexibility needed to meet specific local needs without which devolution may not work well. We would get flexibility through Amendment 3; it would mean that there might be greater public ownership of the structure that is created.
Amendment 4 would require evidence of sufficient democratic accountability if there were to be an elected mayor. I think I have demonstrated in what I have said that it is very difficult to see how that would be delivered other than by the four-yearly election procedure. We also say that there needs to be a demonstration both that there is local support for the mayoral model and that in the construction of this new layer of government there will not be a risk to the proper functioning of the existing tier of local government.
I look forward to hearing the Minister’s reply, but I think that the ad hoc decision-making by Ministers on which areas must have elected mayors and which need not needs to be spelled out clearly. At the moment it is not clear to anybody on what basis the Government are making the announcement that they regularly continue to make, without it being clearly understood what the criteria are for the devolution of powers to specific areas.
Lord Grocott (Lab)
My Lords, basically this is a decision about whether mayors should be compulsory or whether there should be a degree of local input about whether or not mayors should be directly elected. The history of public acceptance of the concept is pretty hopeless from the perspective of those who favour directly elected mayors, which I do not.
Neither my dear old Labour Party nor the Conservative Party have covered themselves in glory on this issue. I briefly remind the House that the concept of directly elected mayors came from the last Labour Government. As far as I am concerned, as a very long-standing member of the Labour Party, it came out of a clear blue sky—or a clear red sky. I had never been to any meeting of the Labour Party at any level where there had been a clamour for directly elected mayors, nor had I, in 50-plus years of canvassing—I do not know whether anyone can challenge me on this—ever knocked on a door to be told, “I’d vote for your party if you gave us directly elected mayors”. I think it is a product of a think tank; it is certainly not a product that has at any stage involved consulting the public.
The last Labour Government at least allowed local areas to have referendums before they embarked on a system of directly elected mayors. The results, certainly from my perspective, were pretty conclusive. There were 40 mayoral referendums under the Labour Government’s legislation: 13 local areas said yes and 27 said no. That was a fairly clear demonstration nationwide that this was not a universally popular proposition.
When the Conservative-led Government came into power in 2010, they had seen the Labour Government’s experience of a lack of wild enthusiasm, but for some reason the Conservative leadership thought that it was a great idea, as had the Labour leadership, so they did not allow the public to initiate referendums for directly elected mayors but simply said, “No. You, the 10 cities, shall have a referendum whether you want one or not”. That was the basis on which they legislated. As we all know, and as my noble friend Lord McKenzie already said, the public were consulted in 10 referendums and in nine cases—my maths makes that in 90% of the cases—they said, “No thanks very much, we don’t want directly elected mayors”. Only 10%, or one city, said that it did, and I understand that that city is now not too keen on the concept, having seen it in operation.
So we have gone from a stage of local, initiated referendums under Labour, which did not work very well from the perspective of those who want this system, to compulsory referendums under the Conservatives, which if anything went even less satisfactorily. Now what do we have? We have a system that does not involve the public at any stage whatever and is simply an imposition from national government on the kind of local authority structure, or rather the management structure, that you will have whether you want it or not. If I could draw a graph to illustrate this, it would be pretty clear. The political class, which we talk about these days, of which I suppose we are members here one way or another, thinks this is a good idea, or at least the leadership does. Whenever the public are consulted they say, “No, we don’t, thank you very much”, so what does the political class do? It says, “Well, you’ll have it, sunshine, whether you want it or not”, which is the position that we are at with this legislation.
I simply appeal to the Government—it is a non-partisan appeal to the extent that I freely admit that in part my Government were to blame for all this—that if local authorities are being told, “You must have this hugely significant figure in your area, which will dramatically change how local government works there”, surely at least there must be a degree of flexibility in considering whether the people in the area want it. Surely that is the most modest of propositions. However, as things stand, whatever the Minister says when she replies—and I am sure she will say, “It is possible in certain circumstances”—in practice we know that this is about compulsory directly elected mayors, and I do not like that idea one little bit on democratic grounds, let alone on administrative grounds. I hope that the House will consider these two amendments very seriously.
Cities and Local Government Devolution Bill [HL]
Debate between Lord Shipley and Lord Grocott
Lord Grocott
My Lords, having listened to the debate so far on the various amendments, I am mightily glad that I am not the Minister. I hope that this does not sound patronising, but she has handled this Committee with good humour and has attempted to answer all the questions. However, my word, if she can square this particular circle of fitting the police and crime commissioners into directly elected mayors, that would be an achievement worthy of note and a chapter in Erskine May.
We have to have a history lesson for a moment. I do not know where the idea for police and crime commissioners came from— whether from the Liberal Democrat part or the Conservative part of the coalition.
Lord Grocott
It is always interesting to unravel these bits and pieces. We might test a few more policies on that basis. So it was a Conservative policy to have police and crime commissioners, but I think I am right in saying that it was Liberal Democrat policy to have the first election in November. I do not think we can remember that particular contribution with great affection and admiration, or wish to repeat it. But the system was set up with grand language surrounding its inception, stating that in this crucial area of policing there should be a democratically elected leader accountable to the public, so that the public know whom to go to for this defined area of public life—all police and crime activity and policy in a particular part of the country. At least that was a clear objective. It fell at the first hurdle, as some of us predicted it would, because of the appalling turnout of 15% overall—in an area I know very well, Stoke, it was 9%. But at least there was clarity about the objective and the function that was being addressed.
This is where there is complete confusion. I am sure the Minister will try to square this circle, but I fear she will find it extremely difficult. We have police and crime commissioners, which for all their faults and criticisms were about a defined, agreed policy and pattern common across England. However, the virtue, almost, of the devolution pattern that we have discussed at such length is that it will be in different areas, with different functions and different managerial styles, and arranged differently between groups of leaders and the Secretary of State. If it is not completely random, its whole strength and legitimacy is that it is enabling and there will be no common pattern.
Now an attempt is being made to graft an agreed common pattern about a specific and very important service on to the myriad different structures that are planned for devolution, largely regarding directly elected mayors. It simply cannot work for all the reasons that have already been spelled out. How on earth will people know when they are electing a directly elected mayor what pattern will be established as to when the elections will take place? I will not repeat all the questions that have already been asked, but I can at least spell this fundamental problem out. We are trying to graft a common pattern on to a randomly different pattern across Great Britain.
It is almost beyond the power of parliamentary counsel to answer all the questions that are being raised in this debate. I wish the Minister well, if just for the sheer fun of watching someone try to square this circle. But surely the time has come to acknowledge that, worthy though some of the objectives may be in having police and crime commissioners directly elected, somehow or other this needs to be started from scratch. If we are to have devolution, police and crime must be part of that devolution package and there must be some consistency in the service across the country as to the type of devolution structure that will be applied in different areas.