Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025

Baroness Jones of Moulsecoomb Excerpts

Monday 24th March 2025 Lords Chamber

Moved by

[Baroness Jones of Moulsecoomb]

That a Humble Address be presented to His Majesty praying that the Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025, laid before the House on 11 February, be annulled, as it damages the democratic accountability of local authorities to local residents, and has not been subject to full and proper consultation (SI 2025/137).

Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Baroness Jones of Moulsecoomb (GP)]

I was going to pause for a moment to see how many people flooded out; how nice it is to have your Lordships all here.

I thank the Minister for taking the time to discuss and explain the Government’s thinking on this decision to postpone some elections for at least a year. The promise to reorganise local government was in the Labour Party’s manifesto, but the method to be used was not, so this statutory instrument is not delivering a manifesto promise and therefore this House is well within its rights to vote against the proposition.

It is always a bad idea to cancel elections at the best of times, and this is clearly not the best of times; in fact, one could say it is the worst of times. We have more cuts to services at the moment than we have had for some time; they are already on their knees. We have council taxes going up again as people pay more for less. Local government is in a bit of a state, so I do not see the common sense in delaying elections and then starting them up or running them a year later with a plan to allow the current councils to devise the next move towards reorganisation. People have a right to vote—that is what being in a democracy means—and the timetable is set out and understood by the general public, so changing that seems a little unprincipled.

It is hard to think of anything less democratic than cancelling elections ahead of a significant change in local democracy; it is straight out of an authoritarian playbook. Creating a devolved mayoralty by cancelling county council elections just seems odd—in fact, nonsensical—and again is undemocratic at the very least. This rushed decision means that voters will not have the chance to have their say on new councillors for at least a year. That means that the councils that have delayed elections do not actually have a mandate to do the reorganisation that the Government are asking them to do. Voters should be able to decide which councillors will have the opportunity to plan for the new structure. Local political parties ought to put such plans into their manifestos for voters to see and vote for or against.

A lot of people who could potentially vote in May in the postponed elections will now be denied the chance to protest, complain and elect people who have a different vision of how their area should be run. I am told by a councillor in East Devon District Council that the council has already begun acting in line with the proposed reorganisation, despite no public consultation taking place due to an alleged lack of time, which is something that we have heard from the Government as well. Decisions have therefore been delegated to unelected officers and executives, raising clear concerns about democratic accountability and statutory obligations under the Localism Act 2011. In addition, the councillor admitted that neither councillors nor the electorate have a clear understanding of how this organisation will work or even what it will be, yet actions are being taken regardless. It seems that local authorities are already acting under the influence of centralised restructuring before it has even been democratically validated.

Is it really for the Secretary of State to select which elections can go ahead and which cannot? Does it not set a dangerous precedent to allow a Secretary of State to make these decisions? It is not a national emergency like Covid, when we understood why elections were postponed and which justified that decision. Do we accept that, for whatever good reason the Government think, the Secretary of State can disrupt the election cycle and delay elections to a convenient time? That is more than authoritarian, it is almost Trumpian—and I have to ask, is it legal? Earlier I consulted a member of the Bar, who is not in his seat. He said, “Oh, it depends”, which is probably what I should have expected. This fatal Motion would green-light the postponed elections to go ahead. But Labour have tabled this vote at the last possible moment on the last possible day so that the Government can now say to us, “It’s too late to go ahead”.

We are going to have mayoral elections next year, in 2026; I understand that the delayed elections will all be held then. Can the Minister reassure me that all delayed elections will be run next year? Then, in 2027, the new shadow principal authority will be elected. Again, this is quite fast. I understand that the Government promised this and therefore they need to move fast, but I am very concerned about the democratic processes here. Can the Minister confirm that this means that some councils and some councillors could be in post for three years beyond their original mandate?

There is also the problem of this being not about devolution at all but about making it easier for the Government to liaise with fewer stakeholders—that is, mayors. This is sucking power upwards and is not devolution at all. It is about the Government making life easier for themselves and giving local people less say in what happens in their local area.

Strategic planning decisions will be taken out of the hands of people who know the area and given to the mayor, who could take decisions against the interests of local residents. This is a reason not to rush into postponing elections. I am concerned about whether there has been an assessment of whether this arrangement will save money. Will it improve efficiency and support social cohesion? Will it give local people more access to knowledge and decision-making? If there is a report or an assessment, I am curious about who wrote it and when. I look forward to hearing the Minister’s answers, but clearly what is happening is not democratic. On that principle alone, I beg to move.

[Baroness Pinnock (LD)]

My Lords, I have relevant but not direct interests as a councillor and as a vice-president of the Local Government Association.

Elections are the bedrock of our democracy and should not—indeed, must not—be cancelled. Some 5.6 million people are being denied the right to vote this May in elections to seven county councils and two unitary councils. The critical question is, why have the Government agreed to such an anti-democratic measure? The Secretary of State’s justification is that the Government have what they are choosing to describe as an

“ambitious programme of local government reorganisation”

and devolution that will eventually see the demise of councils based on historic counties and the abolition of district councils. In their place will be unitary councils with a population of 500,000, making them much larger than any of the London boroughs. Some yet-to-be-agreed combination of councils will then elect a single person, a mayor, with considerable powers on, for instance, strategic planning—as we heard from the noble Baroness, Lady Jones—where the mayor will be able to allocate land for development without the agreement of residents.

The nine councils with cancelled elections were assessed by the Secretary of State to be more prepared than most in their reorganisation plans, and that therefore it

“would be an expensive and irresponsible waste of taxpayers’ money”

to hold elections

“to bodies that will not exist, and where we do not know what will replace them”.—[Official Report, Commons, 5/2/25; col. 767.]

However, in a meeting with the Minister it became clear that the reason for elections being cancelled is that the first step in consulting residents and interested parties had begun in February and would continue until April during the election period. This, rightly, was not acceptable. The option that does not seem to have been considered was to delay the elections until June. That has occurred in the recent past, on more than two occasions, and would both accommodate the need to consult and enable a new mandate to be given to decision-makers.

Furthermore, the cancelled elections will apparently take place in 2026, when it is expected that there will be elections for a new mayor and councillors to the county councils, which will still exist, and district councils. That is the advice we have been given. County councils and district councils will then make decisions on the geography of new unitary authorities. A new mandate from the electorate is therefore absolutely essential before those decisions are made, and not after—which is what will happen if these elections are cancelled.

Had we had elections, it would have had the benefit of alerting residents to the major changes being proposed, and getting their views direct to councillors. They would have been able to elect those they agree with and not elect those they do not agree with. That wide discussion is obviously not seen to be desirable by the existing council leadership—who called for the cancellation of the elections—and the Government.

It is on this particular aspect—the discussion element of this decision—that the Secondary Legislation Scrutiny Committee has raised concerns and drawn them to the attention of the House. The first of these concerns is about the extent and depth of the opposition to the cancellation of elections. The committee is highly critical of the Government for having failed to provide a response to the issues raised. Can the Minister provide a response—which should have been given to the concerns raised by the Secondary Legislation Scrutiny Committee—to the House before this vote is taken?

Surrey County Council is the exception to the situation I have described, because the reason for the cancellation of its elections is due to the dire financial state of some of its councils—one in particular has debts of more than £1 billion. The Government are enabling the county council, which is also in debt, to push through a reorganisation against the will of the districts. This is a democratic disgrace.

The Motion in the name of the noble Baroness, Lady Jones of Moulsecoomb, is deficient in its statement, in that it fails to mention the substantial purpose, which is the reorganisation and devolution plans of the Government. It is most unfortunate that the noble Baroness was unable to agree to a single Motion to Annul that had been the subject of a tentative agreement last week. If the noble Baroness puts her Motion to a vote, we on these Benches will abstain, in favour of voting for the stronger and more comprehensive Motion in my name.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

I hear the noble Baroness’s view, but the councils that have come forward feel that they need that reorganisation to enter properly into the devolution process. If we are going to get powers and funding out of this bit of Westminster and out to the areas, that elected representation at local level is key.

The Motions put forward by the noble Baronesses would be an unprecedented step by the House of Lords, with serious constitutional and practical consequences. The Motions undermine the convention of the primacy of the Commons and the principle of delegated powers, which have been given in primary legislation granted here and have been previously used in this way. All appropriate steps were taken, and both process and precedent carefully followed.

A vote to agree with these Motions for Annulment at this stage, the evening before the last day by which elections must be called, would throw areas into chaos, damaging the safe running of those elections and confusing the live consultations that are under way, in which we are receiving significant public interest, with, as I said, over 13,000 responses already. The people engaged believe, as we do, that the order is in the interests of the people we all serve. The Motions would slow down the delivery of the benefits of mayoral devolution and strong unitary local government to those areas. It is these Motions, not the order they object to, that are damaging to local democracy. I urge you in the strongest terms to deny them.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I forgot to mention that I am also a vice-president of the Local Government Association.

I thank all noble Lords who have spoken in this debate. A lot of issues were raised and the Minister has given a very full answer, which I am sure I will read with great interest in Hansard tomorrow. Clearly, she and the Government will be held to account on that.

It seems a little mean to accuse us of bringing this so late to your Lordships’ House when actually it is the Government’s timetable that we are operating to. We had no choice. The fact that it is 7 pm on the night before is not our choice; it is the Government’s choice to do it, so the Government have made it too late to do this.

There is also the fact that Labour has completely changed the meaning of devolution. What is happening is not devolution; it is actually sucking power upwards. My Motion is not about devolution but about the way it is being done. I think that is deeply undemocratic, despite what the noble Lord, Lord Kerr, had to say about it. I am quite disappointed that the Conservatives, His Majesty’s Opposition, could not vote for a fatal Motion. I did use their wording in my fatal Motion to encourage them, but clearly that did not work. If the Government are wrong—on this side of the Chamber we all agree that they are wrong—surely we want to draw that mistake to their attention. They are making a terrible mistake, and if we are not going to draw their attention to something like this now, when are we going to do it?

I also regret that the Liberal Democrats did not reach out before tabling their Motion. That is a real shame. I am not known for my powers of compromise, but I am, I think—I hope—known for my principles, and I would have done my best to come to some agreement. The Liberal Democrats did not attempt that, so to me what they are doing now looks like game playing, not a principled move. Surely a fatal Motion is a fatal Motion, and whether you vote for mine or for theirs, it does the same thing: it draws attention to the fact that many of us are not happy about what is happening. We care about local democracy, not game playing.

Affected councillors and residents do not have a vote here, but we do, and there are times when we really ought to use that vote for the common good. I feel that is not happening this evening. I hate to waste the time of your Lordships’ House, despite the fact that it is only 7 pm—it is not even my bedtime yet, and I go to bed very early.

[Lord Kerr of Kinlochard (CB)]

Too much information!

[Baroness Jones of Moulsecoomb (GP)]

Who said that?

I do not play games and I vote on my principles, so I am going to withdraw my Motion. I will vote for the Lib Dems’ Motion, but I am appalled at their behaviour this evening and I think it will come back to haunt them.

Motion withdrawn.