English Devolution and Community Empowerment Bill

Baroness Boycott Excerpts

Committee stage
Wednesday 4th February 2026 Grand Committee

[Baroness Freeman of Steventon (CB)]

My Lords, I rise to speak to Amendment 159, to which I have added my name, and a series of amendments in my name. I apologise to the Committee that they had to be put in individually for procedural reasons, but essentially they would add to the list in Clause 44, and they all have to be done twice because it appears twice. I hope to keep this as short as possible. As the noble Baroness, Lady Bennett, said, these amendments were all suggested by researchers into the determinants of health to bring the clause into closer alignment with current research on the subject, as well as definitions, such as those used by the World Health Organization.

Everyone is delighted to see Clause 44 because there is good evidence that structural changes without changes in resourcing can make measurable differences to people’s health. I hope I can delight the noble Baroness, Lady Griffin, further by picking on Manchester as another well-studied, brilliant example of the effects of devolution. The results showed higher life expectancy in the lower income areas, which researchers think are related to improved collaborations between different services rather than more money being spent. If this is a causal effect and can be replicated elsewhere, it would obviously be great, and it would be great to measure it. This is why the researchers want to get right the things being measured and being taken account of by a mayor.

This is where my little list comes in. First, it is important to take account of the right health outcomes. Researchers suggested the list of health outcomes in Amendment 159, which I did not prepare to speak about, but I think they are self-explanatory, so we can leave that there. The series of amendments in my name alter the list of determinants of these outcomes. They are things that we know might affect someone’s health, so we have to keep an eye on them. Some that are known from research are missing in the current draft of Clause 44. Amendment 167A would add the availability of housing to standards of housing in new Section 24A(5)(a) because homelessness and housing security, which are known to affect physical and mental health, would not technically fall under standards of housing.

Amendment 167B would add noise pollution as one of the environmental factors in new paragraph (b). It is well recognised by those who study public health that exposure to noise pollution can contribute to cardiovascular risks and poorer mental health, so we need to take it into account like we do other forms of pollution.

Amendment 167C would put educational opportunities and attainment alongside employment and earning prospects in new paragraph (c). In the WHO’s report, A Conceptual Framework for Action on the Social Determinants of Health, education is a key underlying structural determinant that can affect jobs, income and all the other downstream aspects. So improving access to educational opportunities is key to reducing inequalities, including in health.

Amendment 167D is more specific on the sorts of public services referred to in new paragraph (d), making it clear that they should include retail and health and leisure facilities—they can, therefore, include the negative effect of retailers of less healthy foods, for example, or the absence of active transport facilities—as well as education, employment and access to health and leisure facilities, encompassing all the key services that are known to shape people’s health.

Amendments 167E and 167F would modify new paragraph (e). As drafted, it is about the use of tobacco, alcohol and other lifestyle factors that may be harmful to health. Amendment 167F would explicitly add diet and physical activity as important determinants to be considered. Of course, we know how much these can positively or negatively affect health. Amendment 167E would therefore add “exposure to”, as well as “the use of”, to recognise that some people are passively exposed to not just tobacco but advertising for tobacco, alcohol and less healthy foods; this is a known determinant of health and driver of inequalities.

Finally, Amendment 167G would specify that

“any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors”

should include

“social and structural conditions, including social class, gender, race, ethnicity and any other characteristics or forms of social inequality that influence exposure to advantage or disadvantage”.

That would better cover the remainder of other determinants of health that are well recognised and to which we would want mayors to have regard.

I hope that the Minister will consider the substance of these amendments because, although they are not professionally drafted, they are based on professional research in the field and, I think, get at exactly what the Government hope to achieve: a great step forward in public health.

[Baroness Boycott (CB)]

My Lords, I am very pleased to follow the noble Baroness, Lady Freeman. What I have to add is that my Amendments 160, 161, 163, 164, 165 and 169 would bring a more climate change-related and environmental aspect to the asks of the Government. As the noble Baronesses, Lady Freeman and Lady Bennett, said, we are really pleased that this is here; I very much feel that we can work together to build on it. Here, I note the work of Leeds University and the Yorkshire and Humber Climate Commission.

My first amendment is on energy. A 2023 European scoping review found that energy poverty and fuel poverty are significantly linked to cardiovascular and respiratory diseases, excess winter mortality and poor mental health, with older people and children among the most vulnerable. A 2022 UCL Institute of Health Equity report found the same facts. It impacts population health at a structural level. In addition, I stress the low-carbon part of this amendment. Since the introduction of the ULEZ in London, gas boilers have somehow managed to become the largest source of nitrous oxide pollution. Air quality is listed in the Bill, but it is important to emphasise the interlinked nature: one impacts on the other.

My second amendment is on water pollution. Recent storms have highlighted—in fact, we were talking about this last night—the number of learning hours lost because of the fact that schools are flooded. We are extremely vulnerable to this, and we have very poor flood defences in our schools. I will not bore the Committee at length about the state of our waterways—every Peer in the place has already done this; I expect a Bill in the next Session—but, between 2010 and 2022, there was a 60% rise in hospital admissions for waterborne diseases in England. This is serious, as they are associated with gastrointestinal illnesses and reproductive and developmental issues.

On resilience, excess heat affects deprived communities more than wealthy ones due to the quality of buildings. A simple thing such as having leafy streets provides proper cooling.

I included my third amendment, on participation in democracy, because studies have shown that increased community involvement can have a really positive impact on health. Personally, I am very excited that, from this month, the National Lottery will devote either 20% or 25% of its entire funding to community engagement, such as community gardening and things like that. It makes a great statement about what really matters to people.

On food and diet, I very much support Amendment 168 on advertising. We know how bad food deserts are and how access to healthy food really affects poorer communities. Last week, I raised the issue of PFAS in a debate on the schools Bill. That is a Defra issue, of course, but it is relevant here because one of the prominent forms of exposure comes through our diet, particularly heating food in a plastic container in a microwave; that is, I am afraid, what lower-income families end up doing—so there is a double whammy.

Amendment 169 proposes a duty relating to allotments and nature-rich spaces. Again, this is something I have talked about a lot. I know that it is difficult for councils to create allotments because they are forever spaces, in a sense, but it is not difficult for councils to grant the right to grow in their communities and to issue meanwhile leases, which is what we did with capital growth in London; we created 2,500 spaces that are still going on now. These really make a big difference to communities. As I say, I am very pleased that the National Lottery is going in this direction on funding, because it will work with the Government and make a substantial difference to people’s real, lived experience.

[Lord Hunt of Kings Heath (Lab)]

My Lords, Amendment 165A is in my name. It seeks to

“include wheelchair and community equipment provision in the list of ‘general health determinants’ that authorities need to have regard to as a cause of health inequality”.

My intention is to highlight to noble Lords that the provision of wheelchairs and community equipment for disabled people is, to put it bluntly, a disgrace. I urge the Government to look at the outcomes at the moment for those who depend on wheelchairs and disability equipment and, basically, to ensure that local authorities and the NHS play their part in putting things right.

As the Wheelchair Alliance has said, at the moment, there are no consistent national standards, there is no independent regulation and there are few clear paths for users seeking repairs, reporting faults or making complaints. As a result, many disabled people face long waiting times, delays in hospital discharge, loss of independence, social isolation and, tragically, avoidable deterioration in health and well-being. It is the same dismal picture with community equipment, embracing hoists, hospital beds, pressure-related mattresses, grab rails, bathing aids, harnesses and all of the other essential items that we need.

The All-Party Group for Access to Disability Equipment recently reported on the systemic crisis in this sector. Carers think that things are getting worse, and the system is inconsistent, underinvested, fragmented and lacking leadership. What is tragic is that this is easily sortable. I am convinced that, if we sorted this out, we would provide a better service at less cost, because the current system is just a complete and utter mess.

The reason why the Bill is suitable is because local authorities and integrated care boards share responsibility for community equipment. Wheelchair services and community equipment often reach the same individual; they should operate in tandem, but they are two distinct systems. In welcoming this very good clause, I would like an assurance that combined authorities, in collaboration with the NHS, will take their responsibilities in relation to wheelchair and community equipment services seriously.

The noble Baroness, Lady Scott, made an important point about the difficulties that local authorities sometimes have in working with the health service and in the release of budget. Here we have a situation where both types of authority spend money inefficiently. I am suggesting that we could provide a much better service. Either the quality will be much better or we will have consistent quality, at least; I do not think that it will cost a lot of extra money as well.

English Devolution and Community Empowerment Bill

Baroness Boycott Excerpts

Committee stage
Monday 9th February 2026 Grand Committee

However, we cannot accept this amendment for several reasons. First, local authorities already have clear statutory duties regarding allotments. District, unitary and parish councils have a duty to provide allotments where there is sufficient demand and acquire land if necessary. They also benefit from long-standing protections. Statutory allotment land cannot be disposed of without the consent of the Secretary of State. Tenants also receive security of tenure and compensation rights under the 1922 and 1950 Acts. These duties form a comprehensive legal framework for the provision and protection of allotments at the local authority level. Secondly, the amendment would place operational burdens on combined authorities—bodies that do not own or manage allotments—and the publishing requirements would duplicate duties that sit with local authorities. Thirdly, combined authorities are intended to operate at a strategic level, not to take on detailed service-level responsibilities already covered by existing legislation. Finally, the amendment would create an unfunded new burden on combined authorities, against our commitment to ensure that new devolved responsibilities remain deliverable and do not impose avoidable costs or duplicate existing statutory frameworks.

[Baroness Boycott (CB)]

I thank the Minister, but half of the amendment is not about allotments. Having run this scheme in London, I know that allotments are almost impossible to get. It is also about the right to grow on meanwhile lease bases within communities and councils. Meanwhile leases are available online. It is extremely easy: it just needs the local authority to agree that wasted spaces can be used for growing and then taken away if a builder, developer or council wants them back.

[Baroness Taylor of Stevenage (Lab)]

I do not disagree with the noble Baroness. I am saying that this is a local authority duty, and it does not need to go up to the strategic level of a mayoral combined authority. That is why we do not need the amendment for combined authorities, but I accept her point about local authorities. A statutory duty is probably not applicable anyway, but I will give that some further thought, if she is happy for me to do so.

We recognise all the benefits of allotments and community gardening, but we do not want to duplicate existing legal responsibilities or place burdens at the wrong tier of government, which would run counter to the Government’s approach to devolution. I am sorry for going on for so long, but there were a lot of amendments in this group. As I have explained the Government’s rationale for resisting these amendments in detail, I request that they are not pressed.

English Devolution and Community Empowerment Bill

Baroness Boycott Excerpts

Committee stage
Wednesday 11th February 2026 Grand Committee

[Baroness Jones of Moulsecoomb (GP)]

My Lords, what an exciting group this is. I support Amendments 223A, 224A, 226 and 228, which address a significant and surprising gap in the way that community assets are defined in law. I very much hope we can correct this before the next stage. Before I begin properly, I thank Tom Chance, chief executive of the National Community Land Trust Network, who supports this aim and has helped with this work.

At present, the legal definition of “assets of community value” recognises social interests. The Bill adds economic interests, but still leaves out environmental interests entirely. Why has that been left out? I would like to hear an answer to that question, because it is absolutely incomprehensible. Across England, communities are coming together to take ownership of land and buildings not just to save a pub or run a shop but to protect and improve green space, reduce pollution, grow food locally and make neighbourhoods healthier. Planning law, national policy and development frameworks all work on a simple, widely accepted principle that social, economic and environmental goals belong together, yet assets of community value remain stuck with a narrower definition that no longer reflects that reality.

The Government’s response so far has been to say that environmental benefits will be dealt with through statutory guidance, but guidance is not the same as law. When communities are trying to raise finance, persuade landowners or make a credible case to a local authority, being able to point to a clear statutory definition can really matter. Plus, leaving environmental interests outside the legal framework will weaken communities’ hands at precisely the moment we should be strengthening them. We know this from practice.

In Scotland, communities have successfully used a sustainable development approach to acquire land and assets by demonstrating combined social, economic and environmental benefits. A recent example is the Poets’ Neuk project in St Andrews, where the environmental case was integral to the community’s success. Without it, the project would have been far harder to justify. It is also important to be clear about what these amendments are not doing. They will not create a new or separate category of assets. They recognise that environmental outcomes are already part of what communities are trying to achieve when they take ownership, whether that is retrofitting a community centre, restoring a neglected green space or supporting community food growing in both urban and rural areas.

I should also say a word about Amendment 225, which comes from a similar place and reflects a shared concern about how environmental value is treated in the Bill. The noble Baroness, Lady Freeman, presented it clearly. I am concerned that there are some practical reasons why it would not quite achieve what many communities are looking for. As it stands, it would make a change in only one part of the legislation, which would leave the overall definition of assets of community value uneven and potentially confusing in practice. I very much hope that we can work together to perhaps agree a way forward that will satisfy us both. We need councils to exercise judgment, rather than apply a blanket rule that removes local discretion and narrows opportunities.

That is why these amendments take a different route. They would, however, bring environmental interests properly into legal definition, align assets of community value with established development principles, and reflect how communities work in practice, pursuing social, economic and environmental goals together. If this Bill is truly about devolution and community power, it should trust communities with that integrated approach. These amendments would help ensure the law supports rather than constrains the positive role that communities want to play. I urge the Government to support them.

[Baroness Boycott (CB)]

My Lords, I will speak to Amendment 239. I support all the amendments that have just been talked about—it is vital that communities can buy land. However, I am, in a way, offering up a “get out of jail free” card to the Government with this amendment.

This time last week, we were standing here asking about allotments. I understand the Government’s and local authorities’ problems with allotments, in that once they are designated then they cannot be undone. I see that that can be problematic. In fact, in London, the only allotments that have been ripped up so far were for the Olympic park, so I know that they have a great status. However, if you go for growing spaces and meanwhile leases, all we are asking for in this amendment is that local authorities are able and willing to publish a list of the spaces available.

That is what we did when we ran the Capital Growth project in London. We achieved 200 acres of this city which are now growing vegetables, inspiring communities and holding people together. One of the many things that happened in the duration of the project was that it was used as a research base by City University to look at good routes to get the long-term unemployed back into work. It was found that community gardening hit the nail on the head in many different ways: it taught patience, because you cannot just put a seed in the ground and expect a result tomorrow; it taught how to have respect for other people; and it taught how to work in a group and in a community. Extraordinary results were found. We were praised by the police, local doctors and local communities. We set targets of 60 spaces per borough—and we made it.

It was very simple. A meanwhile lease, designed with the help of the London water board, meant that, after five years, the local authority could claim the space back if a builder wanted to put up a house. In fact, this rarely happened. What happened was that strange little corners and odd little spots, as has been seen with the Incredible Edible campaign all over Britain, suddenly became something important and respected, that put colour, life, community and cohesion back on to the world’s streets—basically, for no money, on behalf of the Government. It takes just a small effort, with an enormous return.

I have put this amendment forward so many times. It is about time for it, given the strength of all the other amendments and the strength of feeing we have heard from so many people from all around the House so many times. Why not? What has the Minister got against this?

[Baroness Young of Old Scone (Lab)]

My Lords, I support Amendment 239, in the name of the noble Baroness, Lady Boycott. I will be brief, given the stage of the evening we are at. She gave me a good lead line there in talking about Incredible Edible. A friend of mine founded that movement, which does what this amendment would enable more widely—namely, help identify and release temporary land currently unwanted by local authorities to local community groups to grow their own food, with all the benefits that the noble Baroness pointed out.

The two elements of this are: first, that there needs to be a list of temporarily unused land; and, secondly, that community groups interested in growing food need to be prompted. The most important thing is that there is a simple, low-risk standard contract for a meanwhile use lease. In many cases, landowners and local authorities were nervous about the risks of taking on a temporary use lease and surrounded it with lots of complicated legal negotiation, which meant that community groups fell out of the loop. I very much support the noble Baroness in this.

Incredible edible is an incredible organisation, and it has grown to more than 100 groups across the country. This proposition would avoid it having to be argued every time by every single community group, and would produce a standard way forward that makes it much simpler. I support the noble Baroness in that.

[Baroness Boycott (CB)]

I just want to intervene on what the noble Baroness was saying about the importance of councils being able to take it up, by just making a quick reference to one of our most innovative gardens, which was on the new King’s Cross site. It was in skips. Every time the development there moved around, we picked up the skips and moved the garden. It can be done that simply.

[Baroness Young of Old Scone (Lab)]

I finish by saying that I also support the amendments so ably put forward by the noble Baronesses, Lady Freeman and Lady Bennett, about bringing forward the third leg of the three-legged stool that is supposed to be sustainability. It is difficult to sit on a two-legged stool; why is the environment missing when the economic and social elements are there?