English Devolution and Community Empowerment Bill (Eighth sitting) Debate

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Department: Ministry of Housing, Communities and Local Government
Paul Holmes Portrait Paul Holmes
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I have the scars on my back from fighting Liberal Democrats in my political career, but pragmatic policies are being proposed to improve the legislation that—let us face it—could very much be improved. That is the point of the Bill Committee. I in particular have many disagreements with the Liberal Democrats, but the amendment of the hon. Member for Stratford-on-Avon could absolutely improve the legislation.

The hon. Member for Banbury said that a mayor worth their salt should be able to do that anyway, but he just spoke against an amendment that would have enabled a mayor to speak to town and parish councils and do their job better. He cannot have it both ways.

Andrew Cooper Portrait Andrew Cooper (Mid Cheshire) (Lab)
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Where in the legislation does it says that mayors will be prohibited from talking to town and parish councils? The way that the hon. Member phrased that implies that something in the Bill stops them from doing so, but I am not clear where that is.

Paul Holmes Portrait Paul Holmes
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Forgive me, I apologise to the Committee if I misspoke. I meant that the hon. Member for Banbury spoke against an amendment that would have guaranteed that mayors would have to speak to town and parish councils.

To return to amendment 359, the way that mayoral authorities are formulated means that mayors will represent diverse areas. As I said to the Minister, we want them to be able to succeed and we want to make sure that their growth plans actually work. In an earlier debate, I tried to adequately back up the Minister’s aim for mayors to deliver that and to make people in their area more prosperous. Businesses being created and economic growth should absolutely be the top priorities of the Government and the mayors that they are creating, and we fully endorse that message. I would argue, however, that mayors cannot do that if there is not guidance—or at least something in the legislation—that requires them to look at our coastal and rural communities and some of the unique challenges that the mayors will be able to face.

I will use the example of Hampshire and the Solent again. I have a friend who will probably end up being the Labour candidate for Hampshire and the Solent. She would make a very good mayor, but she has a history of representing and leading a council in an urban centre in an industrial city like Southampton—that is her expertise. She did it very well; she took over from the Conservative administration that I was part of. What she cannot do, and what she does not have strong experience in, is represent the coastal communities that go down the Solent and the farming communities outside.

The amendment would require rural and coastal communities and areas to be enshrined in the legislation. I do not think that Government Back Benchers, or the Minister, should be scared of that, because it would codify a solid strategic view for the local mayor to follow. I welcome the amendment, and we will support it if the hon. Member for Stratford-on-Avon presses it to a vote.

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As we have discussed, many town councils are being given assets that are linked to the visitor economy—we have talked about country parks, for example. In my constituency, Stratford-upon-Avon town council is involved in organising lots of events, including the world-renowned Shakespeare birthday parade, which attracts many visitors from the UK and beyond. It is an example of our soft power.
Andrew Cooper Portrait Andrew Cooper
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I have a lot of sympathy with what the hon. Lady is saying. If she likes

“piña coladas, and gettin’ caught in the rain”,

may I suggest that she looks no further than the Piña Colada festival in Northwich, which is delivered by Northwich town council and adds £500,000 to the local economy? I completely agree with her about the contribution that town and parish councils can make with stuff like this, but she would place a duty on the mayor that they “must” consult, and not all parishes are the same. Will she comment on that?

Manuela Perteghella Portrait Manuela Perteghella
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I said strategic authority—this is at the strategic authority level. Parish and town councils are different, of course, and so they have different needs. Some areas depend on the visitor economy. My town council is represented in arts and culture and in the tourism strategies for the town.

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Manuela Perteghella Portrait Manuela Perteghella
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As I said, we need to ensure that the strategic authority has the tools to consult town and parish councils. In an area such as mine, which is to go through reorganisation and devolution, we do not know what will happen to many smaller parish councils.

Andrew Cooper Portrait Andrew Cooper
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My problem with the hon. Lady’s argument is that her amendment states:

“Engagement…must include…consulting town and parish councils”—

not “can include”, but “must include”. Of 300 parish councils, some might be home to only 150 people and some to 20,000 people, so they are completely different. I do not think that “must include” is appropriate.

Manuela Perteghella Portrait Manuela Perteghella
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The onus would be on the strategic authority to consult, not on the parish or town council to respond. The argument that there are 300 parish or town councils, so we will not bother to ensure that their voices are heard, really disappoints me. The amendment would require strategic authorities to consult town and parish councils when developing

“tourism strategies, policies and investment priorities”.

The amendment also asks the Secretary of State to issue guidance on minimum standards of engagement. Again, we must give the strategic authority the tools to engage with town and parish councils, which, I remind the Committee, are going to take on a lot of assets and services when district councils are abolished.

Overall, the amendment is about giving local communities representation in tourism planning. That is important, because town and parish councils know the attractions, infrastructure needs and growth opportunities of their areas best. If a theme park is proposed, the town or parish council will know exactly whether, for example, a bypass is needed. Engaging with them will ensure that tourism plans are grounded in the reality of each community. I repeat that the onus to engage should be on the strategic authority.

The amendment would also ensure inclusive planning. We talked this morning about inclusivity. Small towns, villages and rural areas are often overlooked in broader strategies, but they are vital to our economy. By considering them, we support equitable growth across both urban and rural areas. The authorities would also have to report on how councils are engaged and what input they have provided. That would promote sustainable tourism, because the authority, by consulting on the views of parishioners through parish and town councils, would be able to balance visitor growth with the needs of residents. That is very important for areas such as my constituency. In short, the amendment would empower local communities, strengthen democracy and make tourism strategies more effective and inclusive.

New clause 41, which was tabled by my hon. Friend the Member for Bath (Wera Hobhouse), would require the Secretary of State to review the idea of giving local authorities the power to introduce visitor levies in their areas. This is an important power for strategic authorities. Towns and cities across the country are proud of the role that they play in supporting the visitor economy, both domestic and international, but the system needs to be made fairer through a recognition of the costs, as well as the benefits, of such a high degree of tourism. The new clause would compel the Government to conduct a review into giving local authorities powers to introduce visitor levies.

Scotland introduced the Visitor Levy (Scotland) Act 2024, which gives councils direct powers to apply tourist taxes. Wales followed suit with the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025, and now Manchester and Liverpool have introduced a voluntary levy. Bournemouth, Christchurch and Poole has introduced a levy.

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Paul Holmes Portrait Paul Holmes
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I would say, in a respectful tone to the hon. Lady, that the thing that the Liberal Democrats are most known for is saying one thing and in their actions doing another, but we will leave that there. Clause 45 is perfectly sensible. We will oppose amendment 26 if it is pushed to a vote. I am pleased to see that the hon. Lady has reverted to the Liberal Democrats’ traditional position of holding many positions at once. We support the clause, and oppose amendment 26.

Andrew Cooper Portrait Andrew Cooper
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I agree entirely with the principle of mayors holding responsibility for police and crime commissioners where the boundaries of the roles are coterminous, and the idea of appointing a deputy mayor to that role makes absolute sense, as does the power to align boundaries where it makes sense administratively. That all works in principle. My concern is about how this will be applied in Cheshire. Halton local authority is part of the Liverpool city region. That was a decision made when the Liverpool city region was first proposed—at the time the Minister may well have been in the Ministry of Housing, Communities and Local Government as a civil servant—and for Halton, then, it was the only game in town.

The proposed Cheshire and Warrington combined authority will cover the remainder of Cheshire—Cheshire West and Chester, Cheshire East and Warrington—and is not coterminous with Cheshire police, which covers all of Cheshire and includes Halton, as does Cheshire fire and rescue. This measure will therefore allow the Home Secretary to change the police boundaries, and there are significant concerns within Cheshire police that, were this to go ahead, their viability would be at risk, as well as practical concerns about the location of the custody suite.

This power already exists regarding fire and rescue services, but, under the Fire and Rescue Services Act 2004, the Secretary of State is required to consider whether the order is in the interests of public safety before it is made. That test is not included in this Bill. In her summing up, could the Minister provide some reassurance that this power will not be exercised in Cheshire’s case without due consideration of that public safety factor, as well as significant consultation with local stakeholders to make sure that any future alignment is right for Cheshire?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I will speak to the specific amendments, then come to my hon. Friend’s important intervention about Cheshire and some of the specific challenges that we face there.

It is worth noting on amendment 26 that the Association of Police and Crime Commissioners and the deputy mayors for policing and crime are supportive of this measure. Deputy mayors for policing and crime are already making a difference in areas such as West Yorkshire and Greater Manchester. They are driving through improvements in their local police forces, fostering collaboration and doing the role that we absolutely need them to do.

On my hon. Friend the Member for Mid Cheshire’s important point, because we are not working from a blank piece of paper, and because there are complexities around the boundaries, we are trying to be sympathetic, sensitive and mindful. Obviously, the strategic intent of Government is to ensure that, when there is a transfer of police and crime commissioner functions, that is not to the detriment of the functions on the ground, because we absolutely need those to hold out. We are therefore having specific conversations with Cheshire and Warrington, and the local leaders in that area have raised the specifics of the PCC function. We will work with them to come to the best solution and resolution—one that has no detriment to the constituent authorities involved.

Question put and agreed to.

Clause 45 accordingly ordered to stand part of the Bill.

Schedule 21

Functions of police and crime commissioners

Amendments made: 205, in schedule 21, page 206, line 9, after second “the” insert “police”.

This clarifies that “the Area” means a police area. This amendment is connected with amendment 206, which deals with the case where a mayor exercises PCC functions in relation to two or more police areas.

Amendment 206, in schedule 21, page 206, line 11, after “commissioner” insert—

“; and, in a case where a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023), this Schedule applies separately in relation to each of those police areas and ‘the Area’ is to be read accordingly”.

This clarifies that where a mayor exercises PCC functions in relation to two or more police areas that together make up the area of the combined authority or CCA, “the Area” here means each of the police areas (rather than the area of the combined authority or CCA).

Amendment 207, in schedule 21, page 209, line 41, at end insert—

“(j) a person who is the deputy mayor for policing and crime for a different police area.”

This would prevent a deputy mayor for policing and crime for one police area from being appointed as the deputy mayor for policing and crime for a different police area.

Amendment 208, in schedule 21, page 213, line 4, after “if” insert “—

‘(a) after subsection (1) there were inserted—

“(1ZA) If a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023)—

(a) subsection (1)(b) does not apply; but

(b) a person is disqualified from being elected to the office of police and crime commissioner for any of those police areas at any election unless, on each relevant day, the person is a local government elector in at least one of those police areas;

and for that purpose a person is ‘a local government elector in’ a police area if the person is registered in the register of local government electors for an electoral area in respect of an address in that police area.”;

(b)’”—(Miatta Fahnbulleh.)

This provides that, where a mayor is to exercise PCC functions in relation to two or more police areas that together make up the area of the combined authority or CCA, a candidate is disqualified only if the person is not on the electoral register in any of those areas.

Question proposed, That the schedule, as amended, be the Twenty First schedule to the Bill.