37 Lord Wilson of Sedgefield debates involving the Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill

Lord Wilson of Sedgefield Excerpts
These amendments share a common thread—a shift away from the physical, open, and accountable practice of local democracy, where debate is in forum and in public. Devolution should mean strengthening participation, not distancing it. For these reasons, we cannot support these amendments.
Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield)
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My Lords, I thank the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Pack, for their amendments relating to council meetings.

First, on Amendment 218, I thank the noble Baroness, Lady McIntosh, for raising this important issue, which she has rightly highlighted on numerous occasions in the House. I know that north Yorkshire, where she lives, is a large rural area, and I sympathise with her views on Sutton Bank. I live near there, just off the A19, and it is very steep; it is hard getting up there at the best of times, let alone in the middle of a snowstorm.

The Government have been clear in their ambition to reset the relationship between central and local government, building a genuine partnership that delivers better outcomes for the communities we all serve. A key part of that partnership is giving councils the tools to modernise democratic engagement and make elected roles more accessible. In-person debate and public engagement remain at the heart of local democracy, but we also recognise that circumstances can make physical attendance difficult. That is why local authorities should have a choice whether to meet in person, online, or in a hybrid format.

Local authorities vary in size, location, responsibility and make-up, and we want to ensure that they can develop appropriately responsive policies. We would therefore not want to prescribe the conditions to which this policy would apply. We reaffirm our position as set out in our consultation response last year, and I repeat it today. We remain committed to bringing forward legislation, when parliamentary time allows, to deliver this flexibility in a way that is robust, inclusive, and properly scrutinised.

Likewise, I thank the noble Lord, Lord Pack, for his amendment on the issue of allowing councillors to participate in local authority meetings remotely. Noble Lords may be aware of the High Court judgment in 2021 that confirmed that local authority meetings, to which that case applies, must be in person and take place at a single, specified geographical location. This amendment would allow for councillors to join a meeting virtually, by video call for example, but only if the meeting was still happening in a physical room. It would not allow meetings to be completely remote. As I set out on the previous amendment, we are committed to giving local authorities the choice about how they hold their meetings. We would therefore not want to restrict any changes to just enabling hybrid meetings. Again, we remain committed to bringing forward legislation, when parliamentary time allows, to deliver this important flexibility for local authorities. While I am grateful to the noble Lord for the open and flexible way in which he has drafted his amendment, I must ask him to withdraw it at this time.

I turn now to the other amendment in this group in the name of the noble Lord, Lord Pack, which would give the Secretary of State a power to allow members to vote by proxy at local authority meetings. In person debate and public participation remain fundamental to local democracy. However, we recognise that personal circumstances can, at times, make physical attendance difficult and create challenges for the continuity of local authority business. That is why we sought views through public consultation and, in response, confirmed our intention to plan to legislate in order to introduce arrangements that would enable proxy voting at local authority meetings. Such arrangements would support more diverse and inclusive local government while preserving the certainty and flexibility that local authorities need to set proxy voting arrangements which reflect local circumstances.

In the meantime, therefore, and where appropriate, substitute or pairing arrangements remain available. These arrangements continue to offer support to councillors during periods of absence while ensuring that the electorate are represented. Any arrangements to enable proxy voting at local authority meetings must strike a careful balance between maintaining transparency and accountability and modernising arrangements to support more diverse and inclusive local democracy. The noble Lord’s proposal for wide ranging central government powers to mandate and adjust proxy voting arrangements would mean Whitehall deciding operational details that are best decided at a local level. We have no desire to micromanage local authorities, as that would run counter to our approach to devolution.

For these reasons, I ask the noble Baroness to withdraw her amendment.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I am grateful to everyone who has spoken in this short debate. I do not know which slippery slope my noble friend Lord Jamieson was referring to, but he did not address the issue raised by me and the noble Lord, Lord Pack. If it is good enough for committees in both Houses that we meet in hybrid form, I fail to see why we cannot extend the same courtesy to local authority meetings in certain circumstances.

I am going to make a suggestion to the Minister that may not curry much favour in this Committee. If his Government were minded to delay the King’s Speech, there would be legislative time available, and the Government could then bring forward the proposals. If I have understood him correctly as saying that he is in favour of local councils having the opportunity to meet online in a hybrid format as well as in person, but not just now, that is extremely disappointing, obviously, given the contents and results of some of the responses to the consultation; I am grateful to the noble Lord, Lord Pack, for sharing them. Some 86% and 91% of respondents were in favour, which shows that they are crying out for this. My noble friend Lord Fuller argued forcefully in favour of why these amendments are needed. Councils were able to meet in hybrid form and online in certain circumstances during Covid; if it was good enough for Covid, it should be good enough for the rest of the year.

I reserve the right to return to this theme on a future occasion but, for the moment, I beg leave to withdraw my amendment.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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My Lords, with my other hat on, as the Whip, I just want to say that the next group is pretty long. We may not finish it by 9.15 pm so we may end up having to split the group. We may get to the single amendment in the name of the noble Lord, Lord Banner, but I cannot guarantee that. I am in noble Lords’ hands, but we have to stop at 9.15 pm.

Lord Jamieson Portrait Lord Jamieson (Con)
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We are definitely finishing the debate.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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We are definitely finishing at that time. If we can get through this big group, we will, I hope, be able to do the eighth group, but we must finish at 9.15 pm.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Sorry; would it not make more sense—

Amendment 221 not moved.
Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, Amendment 170 would require a mayor who holds fire and rescue authority functions to delegate those functions to a deputy mayor for fire and rescue, creating governance arrangements that mirror those already in place for policing.

The noble Baroness, Lady Pinnock, on behalf of the noble Lord, Lord Goddard, raises a number of interesting and important points, as we have heard from this short debate. I look forward to the Minister’s response, particularly on the issue of democratic accountability, as raised by my noble friend Lord Trenchard, and on my noble friend Lord Fuller’s point about making sure that public services all work from the same geographic area. This is a once-in-a-lifetime opportunity to ensure that; it might take a little longer, but I am sure it is worth doing.

During our consideration of the Bill, it has become clear that fire and rescue services are not listed as statutory consultees in the devolution framework. For me, that raises a number of important questions for the Government. As we have heard, fire and rescue services play a central role in public safety, resilience, planning and emergency responses, yet when decisions affecting land use, building standards, transport corridors or climate adaptions are taken without any requirement for fire service input, there is a risk of the safety and resilience considerations being added only after decisions have been made, rather than being embedded right from the outset.

In that context, I would be grateful if the Minister could explain why fire and rescue services are not statutory consultees, whether the Government consider this omission appropriate, and whether steps are being considered to strengthen their formal role in devolution and governance arrangements.

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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I thank the noble Baroness, Lady Pinnock, for moving Amendment 170, which would require a mayor with fire and rescue authority functions to delegate those functions to a deputy mayor for fire and rescue.

Mayors are best placed to determine how to use the people and resources at their disposal to deliver for their communities. This amendment would prevent that by mandating the delegation of these functions specifically to a deputy mayor for fire and rescue. It would also, therefore, prevent mayors delegating these functions to a public safety commissioner. The effective delegation of fire and rescue functions to a commissioner can ease capacity constraints, ensuring that there is a dedicated individual with the time and expertise to focus on executing those functions. Fire and rescue functions are already held by deputy mayors for policing and crime in Greater Manchester and York—and in North Yorkshire, as mentioned by the noble Baroness, Lady McIntosh. She seemed to say that she was not quite sure where it sat, so I will definitely write to her to explain how it works.

If they wish, mayors will be able to make an existing deputy mayor for policing and crime the public safety commissioner, meaning that that individual could lead on both policing and fire. However, certain functions should be the sole responsibility of the elected mayor as the head of the fire and rescue authority. Functions with the most significant bearing on the strategic direction of the fire service—such as the budget, the risk plan and the appointment or dismissal of the chief fire officer—are, therefore, retained by the mayor. On statutory requirements, fire and rescue services still have the right to respond to any planning application at the moment, for example, so they play a key role in that area. It is important that decisions in these areas are taken right at the top and that the person taking them is accountable at the ballot box.

To answer the noble Lord, Lord Wallace, every effort is made to make coterminous the public service boundaries when we lay out these plans. The position we have taken provides strong accountability and operational flexibility for the mayors, and I therefore ask the noble Baroness to withdraw the amendment.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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Have the implications of the strategic defence review been taken into account in all this? Chapter 6 of the defence review talks about the need to mobilise a “whole-of-society approach” in response to the threats we now face, in which there will be more volunteer firemen and police, and civilian rescue will be expanded. That means that volunteers at the local level have to feel confident. If decisions will be taken a long way away at the top, I suspect we have not yet thought through how we will get the sort of volunteers and local resilience we need.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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The noble Lord’s point about whole-society resilience in the security review is quite right in the circumstances in which we find ourselves. There are resilience plans in all local authorities for such an incident, so these things are taken into consideration and reviewed constantly.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I have two comments on the noble Lord’s response. First, the fire and rescue service is no longer a statutory consultee. Anybody can respond to a planning application, but that is slightly different from being a statutory consultee. Secondly, commissioners are not accountable at the ballot box. Therefore, why would we allow the role to go down to not deputy mayors—I do not think there are such things—but the commissioners responsible, when they are not accountable at the ballot box?

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I am not sure whether there were any questions there.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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Can I take this opportunity to put the question I asked in my intervention? For what reason are fire and rescue services not statutory consultees? The noble Lord indicated in his reply that they are, but they are not. It is driving people in North Yorkshire wild that all these highly flammable and highly combustible projects are being planted next to schools and people’s homes without the fire service being consulted.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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As I said, it may not be a statutory body, but being involved in a great deal of things on a statutory basis would be a bit of an onerous burden on the fire brigade. The noble Baroness mentioned the fires that could potentially happen. I have said that I will write to her about how the fire and rescue service in North Yorkshire functions and works but, from what I can see and what I understand, there are requirements for the fire and rescue service to be there when required. It has a resilience role in all this, and it does not necessarily need to be a statutory body to do all these things when it can do them anyway.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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The noble Lord said that the budget, the strategy and the planning were passing to the elected mayor, so is the elected mayor undertaking assessments? For example, if, hypothetically, two of these battery storage plants caught fire and at the same time there was a wildfire on the North York Moors, would the mayor assess whether there are sufficient resources—water, manpower and equipment—to deal with those fires? Who will be responsible for planning that?

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I repeat that the function of the mayor is for the budget and the risk plan, so he or she will take into consideration the potential problems that the noble Baroness mentioned. He or she is also responsible for the appointment or dismissal of the chief officer, and therefore that accountability stays with the mayor, who is the directly elected representative for the area.

Lord Jamieson Portrait Lord Jamieson (Con)
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My Lords, I will also speak briefly in support of what the noble Lord, Lord Best, has raised with these three amendments.

First, Amendment 133

“would enable the Secretary of State to support the creation of Mayoral Development Corporations”.

Noble Lords have already outlined why development corporations are a good idea, so I will not repeat that. The one thing I will say is that, in getting things done quickly, there may be some issues with the wording; there is still a role for local councils, too, and we want to make sure that they are not forgotten.

I have a few specific questions for the Minister. First, how will the Bill directly strengthen the role of development corporations, both improving their effectiveness and ensuring that they are readily used to support strategic plan-making? Secondly, do the Government believe that the powers currently available to development corporations are sufficient to meet their ambitions on large-scale housing development and regeneration in mayoral areas? Finally, do the Government see development corporations as a central delivery vehicle for the future mayoral growth strategy? If so, why is that intent not reflected more clearly in the Bill?

If I understand them correctly, Amendments 240 and 242 are similar in effect, but one applies to public land and one to local authority land. They aim to secure the optimal use of public land,

“including when disposing of it”,

in pursuit of wider policy objectives. The intent behind these amendments is plainly sound. Numerous Governments have sought over the years to ensure that public land is used strategically, transparently and in a way that supports the long-term social and economic outcomes we all desire. The Government may have some issues with the drafting—in particular, taking into account whole council objectives, not just the specific objectives mentioned—but I hope that, in that spirit, they will reflect carefully on whether the Bill, as currently drafted, goes far enough to meet these ambitions, as well as whether there is scope for the legislation to do more to embed those principles in practice.

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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My Lords, I thank the noble Lord, Lord Best, for his keen interest in and support for the Government’s intentions on mayoral development corporations. I can announce that earlier today, Minister Pennycook announced a consultation on a development corporation for Greater Cambridgeshire.

I begin with Amendment 133 in the name of the noble Lord, Lord Best. Clause 37 and Schedule 18 extend the ability to establish mayoral development corporations to all mayoral strategic authorities. They are powerful delivery vehicles that let mayors bring together private and public sector expertise to tackle strategic spatial challenges in their area. However, it remains the decision of each mayoral strategic authority as to whether a mayoral development corporation is the right vehicle in its area and for each challenge.

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Lord Shipley Portrait Lord Shipley (LD)
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My Lords, I will be very brief because we ought to hear from the Minister on the range of questions that have been produced, and I do not want to simply restate them. I have always supported greater investment by local government pension schemes. I should declare an interest, since I have a very small local government pension from the days when councillors were able to be part of the scheme. I just make that absolutely clear, even though the sum I receive is really very small.

I have always wanted local government pension schemes to invest more in their areas to drive growth in their areas. It seems an entirely laudable objective, but it has to be consistent with the scheme managers’ fiduciary responsibilities. As the noble Baroness, Lady Scott, and the noble Lord, Lord Jamieson, made clear in their explanatory statements, scheme managers have to remain independent and focused solely on the interests of scheme members. There are those two competing requirements.

I want to support the Government’s objectives here. This has to be the right thing to promote, although one has to be extremely careful. At this stage, that statement of principle from me is probably sufficient, and it would be useful to hear the Government’s response.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I am grateful to the noble Baroness for Amendments 148, 149, 150 and 153. I will try to clarify the questions that she asked and, if I cannot, I am more than willing to write to her. Some of these pension aspects are very technical.

These amendments relate to the important requirement that strategic authorities work with the Local Government Pension Scheme funds in their area. This mirrors the duty to co-operate with strategic authorities placed on LGPS funds in the Pension Schemes Bill. The aim is to help strategic authorities to identify local projects that are appropriate for pensions investment and drive growth.

I recognise the noble Baroness’s intention, in tabling Amendment 148, to seek to broaden the provisions to include other employers participating in the scheme. The clause requires the strategic authority itself, rather than its constituent authorities, to co-operate with the relevant pension fund. In my view, this is the correct approach. Strategic authorities are responsible for driving local growth; as such, they should be aware of the interests of housing associations, admitted bodies and other local employers. An additional requirement for multiple other organisations to collaborate with the LGPS would place an unnecessary burden on those employers.

I turn to Amendments 149 and 153. I recognise the intentions to preserve the independence of LGPS-administering authorities and to reduce the burden of regulation on their functions. I assure noble Lords that the Government are not seeking to undermine the fiduciary duties of local pension funds in any way. The decision on whether or not to invest in a particular asset will be made by the asset pool, not the fund. This will help protect the fund against potential conflicts of interest, ensuring that all investments are made in the interests of the fund. Supporting guidance will be clear that investments should only ever be made where that investment helps the investing pension fund to meet pension liabilities.

The Government want to see funds and asset pools working closely with combined authorities, including corporate joint committees in Wales, in order to identify and develop appropriate investment opportunities so that the investment might of the Local Government Pension Scheme can drive local growth. I share the view of the noble Baroness that this requirement must be workable. For this reason, the high-level requirement does not put a restrictive framework on exactly how strategic authorities must work with the scheme. It will be up to strategic authorities to establish a system that is workable for them. Further, I point your Lordships to the existing guidance for strategic authorities on the development of local growth plans, which supports strategic authorities in establishing a productive relationship with investors.

I turn now to Amendment 150. I thank the noble Baroness, Lady Stedman-Scott, for asking important questions regarding a requirement for funds to participate in an asset pool. Asset pooling is the cornerstone of the Government’s investment reforms for the LGPS, bringing significant benefits of scale and expertise. As I have said, the Government are not seeking to undermine the fiduciary duty of local pension funds in any way. The responsibility to set an investment strategy—the key driver of investment returns—will remain with funds, ensuring that they retain local accountability and decision-making and that they can drive performance. The duty in this clause is complementary to the duty that will be placed on LGPS funds through regulations made under the Pension Schemes Bill. It will work effectively only if the concept of participation is defined in the same way in both pieces of legislation. That is why the Government are tabling amendments to this clause to reflect changes that have been made to the Pension Schemes Bill.

A question was asked about pooling. Integrated models in which strategic advice and investment management are both delivered by the same fiduciary manager are commonly used in private sector schemes and internationally. These models can deliver greater value for money and economies of scale. Asset pool companies will be required to have robust policies and procedures to identify and manage conflicts of interest. In contrast to external advisers, asset pools owned solely by LGPS AAs are expected to provide services in their interest. They do not stand to gain financially from the partner fund taking their advice or from providing poor-quality advice. I will look again at the noble Baroness’s speech in Hansard to make sure that we have covered all her questions and so that she has what we are doing in writing.

I turn now to government Amendments 151, 152, 154, 155, 156 and 157. These minor and technical amendments correct the definition of participating in an asset pool company. They will accommodate a pool company structure where the pool is owned by a holding company, thereby allowing an existing pool—the Local Pensions Partnership—to be included in the definition. This is not a change in policy but a correction.

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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My Lords, the Government have now confirmed a substantial programme of reform of the Local Government Pension Scheme through this Bill and the wider pensions Bill. Taken together, these measures represent a significant moment in the evolution of LGPS asset pooling and governance.

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Schedule 21 agreed.
Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I am intervening as the Whip just to say that this is rather a large group, which will probably take us to the time at which we should finish, at 8.15 pm. It is in the hands of noble Lords whether we complete the group or whether we have to split it and end up discussing it again in the next session.

Clause 44: Health improvement and health inequalities duty

Amendment 158

Moved by
Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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My Lords, I thank all of the noble Lords and noble Baronesses who have taken part in this debate. I especially thank the noble Baronesses, Lady Scott of Bybrook and Lady Pinnock, and the noble Lords, Lord Norton and Lord Shipley, for their amendments on the subject of reviews.

Taken together, Amendments 93, 251, 253 and 255 seek to expand the requirements on the Secretary of State to report on the effect of the Act and the outcomes in various policy areas; and to undertake reviews of regional public spending and the effectiveness of community empowerment measures. The duty to produce an annual report on English devolution already exists to update Parliament on the progress made by the Government on devolution in England. We are already amending these reporting requirements to include which powers, functions and funding have been devolved to strategic authorities from central government. The reporting of outcomes in policy areas such as housebuilding, economic growth and social care already takes place. Social care is not going to strategic authorities; it will remain with local authorities. These policy outcomes are dependent on myriad factors, and a report on English devolution would not be the appropriate place to cover them.

On tax and public spending, the requirements for the annual report on English devolution, as amended by Clause 19, already cover any new powers to impose new taxes, as well as the funding devolved to strategic authorities. Combined authorities must also publish upcoming decisions that will have a significant effect on their citizens. These amendments would place an unnecessary, duplicative burden on the Secretary of State; in the case of social care, they would create new reporting requirements in areas where local authorities, rather than strategic authorities, have responsibility. I therefore ask noble Lords to withdraw them.

Amendment 94 in the name of the noble Baroness, Lady Pinnock, seeks to expand the requirements on the Secretary of State to report where a power in this Bill is used without the consent of “local officials”. The amendment does not define “local officials”, so it is not clear who would be in scope of the reporting. Where appropriate, the use of certain powers in the Bill already has requirements to consult local leaders; for example, constituent councils must be consulted where a function is conferred through Schedule 25 or where a strategic authority is established. It is not reasonable to expect that there will always be unanimous support for the use of any given Secretary of State power, and it would be disproportionate to require reporting where a power has been used with widespread, but not unanimous, local support.

The Government greatly value the role that parish and town councils play in bringing forward the priorities of their communities and delivering effective local services. Although I understand the intention behind Amendment 197, I cannot accept it, I am afraid. We do not believe that a national, top town review is the right approach. Existing legislation already provides clear routes for establishing new parish and town councils through community governance reviews. These reviews are led locally, are responsive to community identity and ensure that new councils emerge where there is genuine local support. Imposing a duty to maximise geographical coverage would risk forcing parish and town councils on to areas where other neighbourhood governance arrangements may be more appropriate—in urban settings, for example. The Government value the role of parish and town councils; we want to continue working with the sector to support strong, effective, community-led governance, but that does not mean mandating a single model across the country.

It is only fair to point out at this stage that there are about 10,000 parish councils in England and about 100,000 local parish councillors. The sector varies hugely in size from city or town councils to hamlet-sized parish meetings. According to analysis from the National Association of Local Councils and the Democracy Club, in the 2025 parish council elections, 21.4% of seats were left vacant. Sample data suggests that around 55% of these vacant seats were filled by co-option, which would suggest that 11.7% of seats were co-opted. Of the remainder, 65%, or on the way to two-thirds of seats, were elected uncontested, and 12.8% were elected through a contested poll; this is consistent with the rate of contested elections in previous years, which is why we value the work of town and parish councillors. We have to take into consideration the variety of those authorities and their capacity to fulfil some of the duties with which we want to provide them, so in our view a top-down single model across the country would not work.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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To go back to the Minister’s comments before he sits down. It is interesting that the Government seem to want one model across the country at higher levels, but not here. Will the Minister acknowledge that it is generally the parish areas and town councils that tend to be wealthier, older communities and it is the most vulnerable communities with less social and financial capital in them that may not be able to prepare themselves for this? However, the Government might identify that there is gap and put in resources to help them.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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There is a duty to provide that kind of governance in the Bill. All I am trying to say is that there are various kinds of capacity in the 10,000 parish councils and they are not all the same. We cannot approach them in the same way. We know some of them have problems. I come from a shire county in the north-east of England so I know the capacity of parish councils and town councils to do certain jobs. We are well aware of that, and it is something that we obviously want to try and improve, and work with these parish and town councils into the future.

Amendment 252 concerns the powers available to local and combined authorities to promote local economic growth through banking and credit provision. Banking regulation is of systemic national interest. Its implementation must be consistent in applying technical standards, ensuring financial stability and protecting taxpayers. As such, it remains important that banking regulation continues to be considered at the national level as a reserved matter. Local and community banking is already possible within the existing framework, and the UK has a strong record of enabling new entrants to support access to finance. Mutuals, including building societies and credit unions, play a key role in supporting local economic growth. The Government are committed to doubling the size of the mutuals sector, with reforms already under way to help mutuals grow and raise capital. Further, through our financial inclusion strategy, the Government are improving access to affordable credit and strengthening community finance partnerships to support people and local economies. As such, the objectives of the proposed review are already addressed by existing initiatives, and I ask noble Baroness to withdraw her amendment.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, Amendment 93 in my name is about understanding whether devolution is delivering what it promises, and I thank the noble Lord, Lord Wallace of Saltaire, for his support. The Bill places significant powers in the hands of devolved authorities, which is welcome, but with these powers must come clear and transparent assessment of their impact, not only on governance structures but on outcomes that matter to people’s daily lives.

The amendment seeks to expand the Secretary of State’s reporting requirements to cover four key areas, as I have said: housebuilding, economic growth, fiscal change and social care. These are central tests of success. Are housing targets being met? Are the right homes being delivered in the right places? Is devolution driving growth, et cetera? These are not unreasonable questions; they are essential if Parliament is to judge whether devolution is improving outcomes or delivering value for money and reducing inequalities between different places across our country.

This amendment would not prescribe policy but simply ask the Government to measure, report and be transparent about the consequences of their choice. I have listened to the Minister’s response, but he will not be surprised that I am disappointed. I do not think that using the existing reporting system will necessarily cover things and give us answers on whether these very major changes to local government are a success or whether they need some change. We need to look at this further before Report.

I have not done as much work as I should on parish and town councils, because I know that they will come up in future groupings. However, the one thing that came out of this debate for me, and from one or two of the Government’s responses on different groupings, is that town and parish councils are enshrined in legislation; they have rules. I cannot see anything further in this Bill that would put another type of very local responsible organisation in primary legislation. I would be very worried if there were. These neighbourhood arrangements are not going to be legislative arrangements; they will just be local groupings.

I have seen a lot of how this works in Wiltshire. When we went unitary, we were totally parished; we set up the city of Salisbury as a parish council. However, we also had area boards, which were within our council’s gift. They were where local councillors, police and fire representatives and local council officers got together to discuss local issues. Those boards had small budgets as well. They are very different things, however. I would also suggest that parish councils would work in cities and towns—they do work in some. They work very well in neighbourhoods and, in new developments where there are a large number of houses, they can work, but they want the support of government to work, and some small changes in government policy to make them work. I am not sure that having a parallel neighbourhood arrangement is the correct way to go.

The detail of that is for another debate before this Bill finishes Committee. For the moment, I beg leave to withdraw my amendment and, as I said, we will consider this further and possibly bring something back on Report.

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Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, I thank the noble Baroness, Lady Janke, for her Amendment 95A, which is modest but important. It does not seek to block devolution or slow it down unnecessarily. Instead, it asks for two simple safeguards when new strategic authorities are created or altered: transparency and consent. The amendment seeks to strengthen rather than weaken the devolution framework in the Bill and attempt to ensure that strategic authorities are rooted in local identity, coherent service delivery and democratic agreement. For those reasons, I hope the Government will give it serious consideration.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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My Lords, I thank the noble Baroness, Lady Janke, for her amendment and noble Lords for their contributions to the debate. This amendment concerns the powers in this Bill for the Secretary of State to direct the establishment or expansion of a combined authority and to designate single foundational strategic authorities and established mayoral strategic authorities.

The amendment would require the publication of a statement assessing the impact on community identity and public service boundaries when these powers are used, as well as requiring consent from the affected area. I am pleased to say that the Bill already contains safeguards to address these issues. For example, before conferring functions on a single foundational strategic authority or unitary authority, the Secretary of State must consider the effective exercise of functions for a local area. In addition, local consent is required prior to designation as a single foundational strategic authority.

The Secretary of State may designate an established mayoral strategic authority only if the authority submits a written proposal asking to be so designated. The authority’s consent is an inherent part of the process, as no authority can be designated unless it actively applies. Also, the criteria outlined in the English devolution White Paper are clear about the eligibility requirements for a mayoral strategic authority seeking to be designated as established. These criteria are designed to ensure the effective exercise of functions across a local area.

Finally, on the establishment or expansion of combined authorities, the Government have been clear that it is our strong preference and practice to work in partnership with local areas to develop proposals for devolution that carry the broad support of local leaders and the local area. The power to direct the establishment or expansion of a combined authority would only ever be used as a last resort where a local area has not brought forward its own viable proposal. This will ensure that all areas across England are able to benefit from devolution and that no area is left behind.

On the establishment or expansion of combined authorities more generally, the Bill already includes the necessary safeguards, including a statutory test to ensure effective and convenient local government across the areas of competence. Furthermore, where the geographical expansion of a combined authority area could affect the exercise of its functions, the Secretary of State must consider this before making an order to expand the authority.

I hope that, with this response, the noble Baroness is able to withdraw her amendment.

Baroness Janke Portrait Baroness Janke (LD)
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I thank the Minister for the response, but I feel that the safeguards he has outlined do not address the potential risks in this Bill. The message that seems to be going out at the moment is that the Government are determined to deliver at any cost. Local communities are very mistrustful that they will listen to them. We have heard a lot about a bonfire of the rules and red tape that many local people see as safeguards and protections for themselves. I am afraid that the safeguards in the Bill are not adequate to reassure people: parish councils are barely mentioned and there does not seem to be much in the Bill about joint vision, mutual self-interest and shared benefits.

This modest amendment would be much more reassuring, particularly for areas that will be amalgamated into large tracts and counties which did not necessarily work well without district councils. For many areas, the loss of district councils is enormous. I do not believe that the safeguards outlined in the Bill address those concerns. I beg leave to withdraw the amendment, but may come back to it in future.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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My Lords, I thank noble Lords who took part in this debate. My noble friend Lord Bassam’s Amendment 97 would amend Section 8 of the Localism Act 2011 so that all parish councils could make full use of the general power of competence. That is a broad enabling power which empowers an authority to do anything that individuals generally may do unless specifically prohibited. Authorities have used the general power of competence in a wide variety of ways. For example, Hertfordshire County Council has used the power to provide the basis for its participation in the local authority mortgage scheme, which supports the local housing market by supporting first-time buyers.

Given the breadth of the general power of competence, it is important that any authority exercising it has appropriate arrangements in place for effective oversight and scrutiny. In particular, where a parish council is to be conferred the general power of competence, it must have the means and capacity to oversee its use responsibly. This is one of the reasons why Section 8 of the Localism Act 2011 empowers the Secretary of State to set conditions that must be present before the general power of competence can be conferred on a parish council. I pay tribute to the work of parish and town councils. Coming from a shire county in the north-east of England, I understand the importance of what they do. But, as I said earlier—my noble friend Lord Bassam might not have been here at the time—21% of seats are left vacant on parish and town councils. We have to be careful, if the capacity is not there, about giving the general power of competence over to a parish council. The capacity has to be there for them to use it.

Amendment 241C from the noble Lord, Lord Shipley, would place a duty on national park authorities to consult neighbouring communities when taking decisions to use their general power of competence. This Bill is providing national park authorities with the general power of competence to ensure that our national parks are able to operate more effectively and deliver our national priorities in our most iconic landscapes. Providing national park authorities with the general power of competence brings national parks in line with local authorities. It is not a requirement for local authorities to consult on their use of powers with neighbouring communities, although they may choose to consult on certain decisions if they want to. Imposing such a duty on national park authorities could introduce unnecessary bureaucracy for national parks. The general power of competence is well established and widely understood across the sector, and reduces the need for the Government to issue legal clarifications on new legislative instruments. The national park authorities will remain subject to these same constraints and we see no reason for any divergence from the arrangements already in place for local authorities. I hope that, after these explanations and comments, my noble friend Lord Bassam and the noble Lord, Lord Shipley, will feel able not to press their amendments.

Lord Bassam of Brighton Portrait Lord Bassam of Brighton (Lab)
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My Lords, I will withdraw my amendment. I think the noble Lord’s primary argument was about a potential lack of capacity at local level and the need to have proper oversight and regulation. I entirely accept that. That is a reasonable point to make, but I do not see why we cannot pursue it further, because those measures can fairly easily be put in place, not least through the more senior level of local government at a unitary or strategic authority level.

I was always very impressed by what town councils deliver. Some deliver quite big services; others get involved in the business of markets and so on. They are not just about park benches and streetlights. They are much more than that. Noble Lords from all parties have made the case that they are at a level of government which is very close to the people. That has great value and they deliver a lot. We should now look, with this larger tier of local governance across the country, including unitaries and so on, to further empower them. This would be a very sensible and practical way of doing it.

In response to the noble Lord’s point about there being vacancies on parish councils, a lot of people who would like to get involved simply think: “Well, what’s the point? It’s just a talking shop”. If we encourage and enable them to develop further, people will come forward. I have always been pretty impressed by the calibre of people who operate on parish and town councils.

I am happy to withdraw my amendment, but we should have some more debate on this and try to dream up a framework that would enable them to thrive and develop. If we do not do so now, we will need to come back to this tier of governance in the future, to make local government genuinely local.

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Clause 21 agreed.
Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I just want to say at this point that we have one more group to go. I hope that we can finish by 5 pm; otherwise, we will have to split the group and start it half way through next week, which I do not think we want to do.

Clause 22: Duty of mayors to collaborate

Amendment 100

Moved by

Holocaust Memorial Day

Lord Wilson of Sedgefield Excerpts
Monday 26th January 2026

(1 month ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Young of Norwood Green Portrait Lord Young of Norwood Green (Lab)
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My Lords, I was born a Jew and I am proud to be a Jew, albeit a non-practising one. This has been an amazing debate, and I want to pay tribute the right reverend Prelate—I did not think I would be paying tribute to a a Jewish one—for an amazing speech. There have been some amazing speeches during this debate.

I want to give some experience of my life. We were Dutch Jews on one side of our family. My father changed the name because he wanted to sell more insurance, and he was good at that, so I suppose it was a good move.

Where we lived in the East End, I never experienced any antisemitism. It was a mixed street, mainly Jews. The synagogue was round the corner, and the rabbi was round the other side. I think we had a good upbringing.

When I was 15 years old, I was a precocious reader and I came across a book—

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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My Lords, the noble Lord’s name is not on the list to speak, but if he would like to keep his remarks short, that would be okay.

Lord Young of Norwood Green Portrait Lord Young of Norwood Green (Lab)
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I am sorry. I will endeavour to keep my remarks short. I did not realise that I had to put my name down.

Anyway, when I was 15 years old, I came across a book, The Scourge of the Swastika, which, ironically, was written by the grandfather of the noble Lord, Lord Russell of Liverpool. That taught me a lot about what goes on.

Bearing the mind the strictures that I have to keep my remarks limited, I will do. I think this is a really important debate. I thank the people who have made contributions about needing to do more to ensure that antisemitism remains something that we fight against. I will leave it at that.

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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Before we move on, I note that the last group is quite a large one. We are due to finish in half an hour, so I would hate to think that we would have to break off half way through the group. I am in the noble Baroness’s hands—where would she like to go with it?

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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It looks like a huge group, but that is only because of the scheduling. Most of the amendments are about the first part of the schedule, so I think we should get it done.

Schedule 1: Establishment, expansion and functions of combined authorities and CCAs

Amendment 16

Amendment 20A not moved.
Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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My Lords, before we move on, I say that we would like to finish the next group by 8.15 pm, which is when we need to wind up. I would hate to think that we broke mid group.

Clause 8: Interpretation of Chapter 1

Amendment 21

Moved by
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Clause 8 agreed.
Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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My Lords, I think that this is an appropriate moment to adjourn. It is 8.08 pm and we are supposed to finish by 8.15 pm, so I think it is too late to start another group.

Committee adjourned at 8.08 pm.

Planning and Infrastructure Bill

Lord Wilson of Sedgefield Excerpts
Amendment 235 withdrawn.
Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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I gently remind noble Lords that, as stated in the Companion:

“Members … pressing or withdrawing an amendment should normally be brief and”


should not

“respond to all the points made during the debate, nor revisit points made when moving”,

or pressing,

“ the amendment”.

Speeches appear to be getting longer at this point. I respectfully urge noble Lords to be brief so that we can continue to make progress and get to the votes.

Amendment 236 not moved.
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Lord Fuller Portrait Lord Fuller (Con)
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My Lords, the development corporation parts of the Bill are the best parts of it, and my intention is to make the best of that and to support it. I came here with an open mind, not really knowing whether I was going to press the amendment but. in her winding. the Minister said two things which I am uncomfortable with, so in due course I wish to test the opinion of the House. The first was that there is an apartheid in this country in so far as development corporations are concerned.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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The noble Lord made his speech earlier. We do not need to rehearse what has been said during the debate—I spoke on this issue at the beginning of this particular debate. Perhaps he can let us know whether he will move this to a vote.

Lord Fuller Portrait Lord Fuller (Con)
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My Lords, I am getting there; I just wanted to give the two reasons. The first was—

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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I thank noble Lords for the debate and the noble Baroness for moving this amendment. Obviously, trees and the natural environment are very important to all of us, especially the Government. Trees offer profound environmental and societal benefits; they are instrumental in our efforts to mitigate and adapt to climate change, they support human well-being, and they provide important habitats for wildlife. We have considered the amendment proposed by the noble Baroness, which seeks to establish a new category of “heritage trees”—those of exceptional historic, landscape, cultural or ecological significance—and give them additional statutory protection.

As mentioned in previous debates, the tree preservation order system remains a vital mechanism for safeguarding trees and woodlands in England. Local authorities are already expected to consider the historic, cultural and ecological value of trees when making such orders. Local planning authorities are required to notify relevant parties when an order is made, and they are empowered to encourage good tree management, particularly in the context of making planning decisions. Enforcement powers are available to local officers and it is a criminal offence to cut down, uproot, wilfully damage or top or lop so as to destroy a protected tree without written consent from the authority.

We also recognise the value of trees in planning policy as a core component of natural capital. It is our position that trees should be incorporated into new developments wherever possible, and that existing trees should be retained. Furthermore, development that would result in the loss or deterioration of ancient woodland, or ancient or veteran trees, should be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists.

Given these existing provisions, the amendment does not, in our view, offer sufficient additional protection to justify its implementation. The creation of a new category of heritage trees risks introducing confusion and placing an additional burden on both Natural England and local authorities, without delivering commensurate benefits.

In light of these considerations, I hope the noble Baroness will feel able to withdraw her amendment.

Baroness Grender Portrait Baroness Grender (LD)
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My Lords, I thank the Minister for the response. I will not be testing the opinion of the House, because I have a sense of clarity as to what the outcome would be right now. However, I do feel that there is a need to push for greater rigour and content within a Bill of this nature, and we will look to see whether there is further work that we can do to perhaps get it into a nature Bill in the future. That said, I beg leave to withdraw my amendment.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I am sure that the noble Baroness, Lady Neville-Rolfe, will join me in thanking all noble Lords who participated in the debate. I particularly thank the noble Baronesses, Lady Bennett of Manor Castle and Lady Maclean, and the noble Lords, Lord Deben and Lord Jackson, for their support for my amendment.

I want to make it clear to the House that I have spent many hours in the Public Bill Office discussing various iterations of this amendment to ensure that it is absolutely in scope for this legislation. I absolutely assure the House that this amendment replicates exactly the procedures already in legislation in relation to alcohol licensing. I assure all noble Lords that local authorities around the country support passing this amendment as quickly as possible, and that Ministers and the Prime Minister have categorically said—

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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Is the noble Lord going to push his amendment to a vote or withdraw it? We are at that stage now.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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We are at that stage, but I want the House to be aware that there is support from all quarters to ensure that this is passed. The Minister has said that she does not accept my offer of further discussions to see whether we can find a way forward before Third Reading. She has not accepted the suggestion from the noble Lord, Lord Deben. I am disappointed that the Front Bench of the Conservative Party does not appear to be listening to what Conservative Back-Benchers are saying. Since there is no opportunity to bring this back at another time, the time for decision is now. I wish to test the opinion of the House.

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Baroness Parminter Portrait Baroness Parminter (LD)
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My Lords, given that time is short, I will contain our remarks to the standout amendment in this group, Amendment 130, moved so ably by the noble Baroness, Lady Willis of Summertown. It is a means to address a fundamental question we all have on the Bill: how do we help the Government deliver the win-win for nature and the economy by giving developers certainty about this new process, given that we are moving away from an established process which has served for many years, while at the same time ensuring that the environmental protections we want are locked in? The approach taken by the noble Baroness is to curtail the scope of this new process by saying that an EDP can happen only where it has been shown that those approaches will work, benefiting conservation at the strategic landscape scale.

I have to say that we, as Liberal Democrats, thought long and hard about supporting this amendment. It is our contention that we should always follow the science, so if there were scientific evidence that there could be conservation benefits for a species, for example, it would normally be our position to support that. Therefore, this approach to curtail it by area rather than evidence is not one that we would normally support. But as noble Lords will see, after thinking long and hard, we put our Front-Bench name to this amendment. The reason is that we are not convinced at this point in the debate that there are sufficient safeguards about how that scientific evidence will be considered by Natural England to ensure that the environmental safeguards that we all want will be in place. Therefore, we on these Benches will listen very carefully to what the Minister has to say in response to this amendment but, if the noble Baroness is minded to move to a vote on it, at this point in time, we would support her.

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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My Lords, the usual channels have agreed that we should pause now to allow for a short break before Oral Questions at 3 pm. Although unusual, I therefore beg to move that the debate on this amendment be adjourned, and we will return to it later this afternoon.

Debate on Amendment 122 adjourned.