Levelling-up and Regeneration Bill

Baroness O'Neill of Bexley Excerpts

Report stage
Tuesday 11th July 2023 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, we on these Benches welcome this group of government amendments, which are in response to the strong arguments made in Committee by the noble and learned Lords, Lord Hope of Craighead and Lord Thomas of Cwmgiedd.

It is astonishing that those who draft legislation continue to do so without recognising the implications of devolution. One would think that by now the lesson would have been learned. This is not the first time in this or other Bills that late-stage amendments to recognise the facts of devolution have had to be made. It would be good to hear the Minister confirm that in future the implications of devolution for draft legislation will be considered at an early stage, not at the last minute, but we welcome these changes that have been made.

[Baroness O’Neill of Bexley (Con)]

I remind the House that I am the leader of the London Borough of Bexley and therefore have associated connections with London Councils and the Local Government Association. As leader of the London Borough of Bexley, my experience of devolution in London has been under three different mayors. I am a firm believer in devolution, but it must always be to the lowest common denominator. That spend must be to address local issues and allow local government to be answerable to the electorate.

Levelling-up and Regeneration Bill

Baroness O'Neill of Bexley Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

[Lord Moylan (Con)]

My Lords, it is a pleasure to speak after my noble friend Lord Lexden. In this case, I am going to speak about a slightly different subject, although he made his own case very well. I will speak principally to Amendment 282N, in my name, but associated with it are Amendments 302A, 315ZA and 317, as consequential and related amendments. They have been referred to as my ULEZ amendments, but I am not really going to speak about the merits or demerits of ULEZ. Instead, I will talk about the knotty issue of relations between the elected Mayor of London and the elected borough councils and how they work together to make the capital a success. There has always been the potential for this to go wrong.

I hope noble Lords will forgive me if I remind them of my experience. I was the deputy leader of a London borough when Ken Livingstone was mayor. I chaired for two years during that period London Councils’ transport and environment committee, a statutory committee representing all London boroughs and the Corporation of the City of London, irrespective of party, in their relations with the mayor and Transport for London. Then, a little like a poacher turning gamekeeper—or the other way around—I was a member of the board of Transport for London for eight years and deputy chairman of Transport for London for about half that time.

I have therefore seen those relations operating in practice over a lengthy period. It is fair to say that, under the independent and then Labour mayor Ken Livingstone, they were quite often rather scratchy. They improved considerably when Boris Johnson became mayor. I would like to think—if noble Lords would allow me to be a little boastful—that that was because of the number of people working with him who had experience of local government, such as myself, my noble friend Lady O’Neill of Bexley, who is sitting here, my noble friend Lord Greenhalgh, who is not in his place, and others. There was a much more collaborative relationship.

Under the current incumbent, that collaborative relationship has continued in many respects. This is to be welcomed. For example, the boroughs and the mayor have worked together closely on active travel programmes and various other matters. However, it is clear that, in the case of the extension of the London ultra low emission zone, they have collapsed. What we have are two levels of government, each convinced of their democratic authority, locking horns and threatening a sort of paralysis in transport policy. This could also extend to other areas.

What exists in other parts of the country? In London, the Greater London Authority Act 1999 gives powers in relation to road user charging to the mayor to act without being trammelled in any way by the views of the boroughs, beyond the consultation he is required to conduct with them. When we look to other parts of the country, we see that different legislation applies— Part III of the Transport Act 2000, for those who are interested. In the combined authority areas, these powers are held jointly by the combined authority and the relevant constituent authorities, acting as local traffic authorities. Decisions on road user charging in these areas typically require the majority or unanimous consent of members before any scheme can be established.

In the case of the Greater Manchester Combined Authority, the constitution is explicit in stating that questions relating to road user charging require all 11 members of the combined authority to be unanimously in favour for any vote to be carried. In the West Midlands Combined Authority, changes to transport matters require either a simple majority or a unanimous vote, depending on the question to be decided and on the members entitled to vote. In neither of these cases could road user charging be introduced without the collaboration and assent of the constituent authorities. It is rather different from London.

I instance these points to say that in this country we can embrace a different pattern of the distribution of power. The essence of my amendment is simply to try to extend, in a small way, some of the co-responsibility that exists in Manchester and Birmingham to the arrangements in London. It seeks to rebalance this by bringing the decision-making in London more into line with what exists in the rest of the country.

The amendment would give London borough councils a new power to opt out from—but not veto—certain road user charging schemes in future. First, it would be operative only where the principal purpose of a road user charging scheme applying in the council’s area is the improvement of air quality. Secondly, it would be available only to London borough councils which already meet air quality standards and objectives under the Environment Act 1995—I say in parenthesis that, currently, no London borough meets those standards—or have an approved plan to do so that is an alternative to the plan advanced by the mayor to be achieved through road user charging.

There is no free ticket here for London boroughs away from their responsibilities for air quality. Where the council can show to the satisfaction of the Secretary of State that it has a plan which is likely to achieve and maintain improvements, the Secretary of State would be under a new duty to approve its alternative plan, thus making it eligible to opt out of certain TFL charging schemes.

The combined effect of these various conditions will be that there will be no impairment of the air-quality obligations falling on London boroughs, but there will be the opportunity to show that they can meet them in a way that is more acceptable to their local people, as they judge them on the basis of their democratic mandate. I think that would be a modest and sensible rebalancing of power. It is focused, it is proportionate, and it is good common sense.

I see that my noble friend the Minister has indicated her support for the amendment, and the associated other amendments, and I very much hope that they will find favour across your Lordships’ House.

[Baroness O’Neill of Bexley (Con)]

My Lords, I support my noble friend’s Amendment 282N. In opening, I remind the House that I am the leader of the London Borough of Bexley and am therefore involved in both London Councils and the Local Government Association—although I have not quite made the dizzying heights of being a VP of the Local Government Association, like many Members of this Chamber.

It is important to point out at the outset that I firmly believe in improving air quality, having seen the benefits of improved air quality myself. My parents used to live in Lewisham, and my father suffered from chest problems for years, but that all changed when he moved to Bexley—and not just because it has a good council. As council leader, I am proud to report that, in Bexley, we have good air quality, below the legal limits, and we are always looking at ways to improve that air quality. But we fundamentally believe that the expansion of ULEZ to outer-London, and the way it has been done, is undemocratic.

If this amendment had been in place before, the mayor would not have been able to ignore local views, to fail to engage constructively with the boroughs or to have brought it forward in such a quick way that has had a disastrous impact on many of our residents. He also would not have contradicted the statement he made two years ago that he was not going to expand ULEZ. This amendment highlights a way to protect democracy for those in London going forward.

Local councils understand their locations and their residents—I know many Members here have connections. Bexley, like most other outer-London boroughs, is very different from central or inner-London. That is why my borough, like others, has campaigned against the Mayor of London’s insistence on extending ULEZ to the borders of London. We are very conscious of the need to continually look to improve air quality locally, and we take measures to do so, but our lack of transport connectivity—we are one of the few London boroughs without the Tube—makes us heavily reliant on the car. Many of our small businesses and trades men and women depend on vans. Many invested in the diesel vehicles they were told a decade ago were greener and cleaner but now face the ULEZ charge.

One of those measures is lobbying to improve public transport. You would hope that, when the opportunity arises, the mayor and TfL would seek to help, but in neither of the recent proposals for the Superloop or the DLR extension to Thamesmead did they even identify the need to improve the transport infrastructure in our part of the borough.

We have some of the poorest wards in London, and the residents in those wards are more likely to be those with non-compliant cars. Those cars are vitally important to allow residents to fulfil their employment, as well as look after their families. Cars, some on finance arrangements, have become worthless overnight. I have heard of many people taking out loans to replace them, the scrappage scheme not being relevant, or indeed having to revert to leasing rather than owning a car to allow them to get about.

In common with other outer-London boroughs, we also have a high number of older residents, and their cars give them independence to visit their family and friends, get their weekly shopping and attend medical appointments, among other things. How often do we all hear about people buying their last car? In the last few months, the communications I have received have included some revolving around people having to draw down their life savings to replace a car they had no intention of replacing.

Levelling-up and Regeneration Bill

Baroness O'Neill of Bexley Excerpts

Report stage
Monday 18th September 2023 Lords Chamber

Moved by

[Baroness O’Neill of Bexley]

282N: After Clause 226, insert the following new Clause—
“Road user charging schemes in London(1) Schedule 23 to GLAA 1999 (road user charging) is amended as follows.(2) After paragraph 1(3) insert—“(3A) Any reference in this Schedule to national obligations is a reference to obligations imposed by or under any enactment on a Minister of the Crown.”(3) After paragraph 3 insert—“Proposals relating to certain TfL schemes: opt out
3A (1) This paragraph applies where Transport for London proposes to—(a) make a TfL scheme the purpose, or one of the purposes, of which is the improvement of air quality, or(b) significantly vary a TfL scheme where the purpose, or one of the purposes, of the variation is the improvement of air quality.(2) Transport for London must publish a draft order containing the proposed TfL scheme or the proposed variations to the TfL scheme.(3) The draft order must be in such form as the Authority may determine.(4) Transport for London may not make the order and submit it to the Authority in accordance with paragraph 4(1) otherwise than in accordance with sub-paragraph (8).(5) A relevant London borough council may, within the opt-out period, give notice that it wants to opt out of the scheme (an “opt-out notice”).(6) An opt-out notice must be given to—(a) Transport for London, and(b) the Secretary of State.(7) A London borough council is “relevant” if—(a) any of the council’s area falls within the charging area of the proposed TfL scheme or of the TfL scheme after the proposed variations have been made, and(b) the principal purpose of the scheme applying in the council’s area is the improvement of air quality.(8) After the opt-out period has ended—(a) if sub-paragraph (9) applies, Transport for London may make the order and submit it to the Authority in accordance with paragraph 4(1);(b) if sub-paragraph (10) applies, Transport for London may make the order and submit it to the Authority in accordance with paragraph 4(1) only if Transport for London first modifies the order so that the proposed TfL scheme, or the TfL scheme after the proposed variations have been made, will not apply to the area of each eligible council which has given, and not withdrawn, an opt-out notice.(9) This sub-paragraph applies if—(a) no opt-out notice has been given within the opt-out period or any opt-out notices that have been given within that period have been withdrawn, or (b) one or more opt-out notices have been given within the opt-out period and have not been withdrawn, but each of them was given by a London borough council that was an ineligible council when the notice was given and in each case either—(i) the council did not submit an alternative plan, within the opt-out period, to the Secretary of State under paragraph 3B, or(ii) the council did so submit an alternative plan and the plan has been rejected under that paragraph.(10) This sub-paragraph applies if—(a) one or more opt-out notices have been given and have not been withdrawn,(b) in the case of any opt-out notice that was given by a London borough council that was an ineligible council when the notice was given—(i) the council did not submit an alternative plan, within the opt-out period, to the Secretary of State under paragraph 3B, or(ii) the council did so submit an alternative plan and it has been either approved or rejected under that paragraph, and(c) one or more of the opt-out notices that have been given, and not withdrawn, was given by a London borough council that is an eligible council (whether or not that council was an eligible council at the time the opt-out notice was given).(11) A relevant London borough council is an “eligible council” if it has complied with any duty imposed on it under or by virtue of Part 4 of the Environment Act 1995 and—(a) no part of the council’s area is designated, or is required to be designated, as an air quality management area under section 83 of the Environment Act 1995 (designation of air quality management areas), or(b) if any part of the council’s area is so designated, or required to be so designated, the council has an alternative plan that has been approved by the Secretary of State under paragraph 3B.(12) In this paragraph and paragraph 3B—“alternative plan” means a plan for improving air quality in the area of the London borough council which does not involve the TfL scheme applying to any of the area of the London borough council;“eligible council” has the meaning given by sub-paragraph (11) and “ineligible council” is to be read accordingly;“opt-out notice” has the meaning given by sub-paragraph (5);“opt-out period” means the period of 10 weeks beginning with the day on which the draft order containing the proposed TfL scheme, or the proposed variations to the TfL scheme, is published in accordance with sub-paragraph (2);“relevant London borough council” has the meaning given by sub-paragraph (7).(1) This paragraph applies where paragraph 3A applies and a relevant London borough council—(a) gives an opt-out notice, within the opt-out period, in relation to the TfL scheme and does not withdraw it, and(b) submits an alternative plan to the Secretary of State within that period.(2) The London borough council must—(a) notify Transport for London that the council has submitted the alternative plan, and(b) provide Transport for London with a copy of it. (3) The Secretary of State must, before the end of the review period, by notice to the London borough council and Transport for London—(a) approve the alternative plan, or(b) reject the alternative plan.(4) Subject to sub-paragraph (5), the Secretary of State must approve the alternative plan if the Secretary of State is satisfied that it is likely to achieve and maintain improvements in relation to air quality standards and objectives, in every part of the London borough council’s area that is designated, or is required to be designated, as mentioned in paragraph 3A(11)(a), that are similar to those that the proposed TfL scheme, or the TfL scheme after the proposed variations have been made, is likely to achieve if it applies to the area of the council.(5) The Secretary of State is not required to approve the alternative plan if the Secretary of State considers that the plan is inconsistent, or could be inconsistent, with national policies or obligations relating to air quality.(6) At any time during the review period before the Secretary of State approves or rejects the alternative plan under sub-paragraph (3), the Secretary of State may invite the London borough council to modify the plan for the purposes of securing that—(a) the Secretary of State can be satisfied as mentioned in sub-paragraph (4), or(b) the plan is consistent with national policies or obligations relating to air quality,and if the council modifies the plan, sub-paragraphs (3) to (5) apply in relation to the plan as modified.(7) The review period is the period of 16 weeks beginning with the day after the day on which the opt-out period ends.(8) The Secretary of State may on one or more occasions extend the review period.(9) The Secretary of State must give notice of any extension under sub-paragraph (8) to—(a) each London borough council that has—(i) given an opt-out notice, within the opt-out period, in relation to the TfL scheme and not withdrawn it, and(ii) submitted an alternative plan to the Secretary of State within that period, and(b) Transport for London.(10) Where a London borough council’s alternative plan has been approved under this paragraph, the Mayor may issue a direction to the council requiring it to take such steps as may be specified in the direction for the purpose of securing that the alternative plan is implemented.(11) The power to give a direction under sub-paragraph (10) may only be exercised by the Mayor after consultation with the London borough council concerned.(12) Where the Mayor issues a direction to a London borough council under sub-paragraph (10), the council must comply with the direction.(13) In sub-paragraph (4) the reference to air quality standards and objectives is to air quality standards and objectives within the meaning of Part 4 of the Environment Act 1995.”(4) After paragraph 4(2) insert—“(2A) Where an order has been modified in accordance with paragraph 3A(8)(b) before being made and submitted by Transport for London under this paragraph, the Authority must— (a) require Transport for London to publish its proposals for the TfL scheme, or the proposed variations to the TfL scheme, and to consider objections to the proposals, and(b) consult or require Transport for London to consult—(i) any London borough council any of whose area falls within the charging area of the proposed TfL scheme or of the TfL scheme after the proposed variations have been made,(ii) the Secretary of State, and(iii) such other persons as the Authority considers appropriate.(2B) In a case not falling within sub-paragraph (2A), the Authority may—(a) consult, or require an authority making a charging scheme to consult, other persons;(b) require such an authority to publish its proposals for the scheme and to consider objections to the proposals.”(5) In paragraph 4(3)—(a) in the opening words, for “The” substitute “In any case, the”;(b) omit paragraphs (a) and (aa).(6) After paragraph 4 insert—“Secretary of State’s intervention power in relation to certain schemes
4A (1) This paragraph applies where—(a) the Secretary of State has been consulted under paragraph 4(2A)(b)(ii) about an order containing a proposal for a TfL scheme or proposed variations to a TfL scheme, and(b) the Authority has—(i) made any modifications to the order under paragraph 4(3)(d) that it considers appropriate, or(ii) decided not to make any such modifications.(2) The Authority may not confirm the order under paragraph 4(1) unless—(a) the Authority has published the order, and(b) the condition in sub-paragraph (3) has been met.(3) The condition in this sub-paragraph is met if—(a) the period of 60 days beginning with the day on which the order is published (the “confirmation period”) expires without the Secretary of State giving the Authority a direction in relation to the order under sub-paragraph (4), or(b) before the end of the confirmation period the Secretary of State gives the Authority a direction in relation to the order under sub-paragraph (4) and the Authority has modified the order in accordance with the direction.(4) Where the Secretary of State considers that as a result of the order being modified in accordance with paragraph 3A(8)(b)—(a) the proposed TfL scheme contained in the order would or could be inconsistent with national policies or obligations relating to air quality, or(b) the TfL scheme after the proposed variations contained in the order have been made would or could be inconsistent with such policies or obligations,the Secretary of State may, within the confirmation period, direct the Authority to make modifications to the order so as to prevent the inconsistency by expanding the charging area of the proposed TfL scheme contained in the order, or the TfL scheme after the proposed variations contained in the order have been made, to include any of the area of a London borough council to which the scheme would not otherwise apply by virtue of the modification in accordance with paragraph 3-A(8)(b).”(7) In paragraph 34B(1), after “functions” insert “, or the Secretary of State’s functions,”.(8) In paragraph 38—(a) after “sub-paragraphs” insert “(2A), (2B),”;(b) at the end insert “, but does not apply to a variation to a TfL scheme made as a result of a modification to an order under paragraph 4A(3)(b) ”.”Member’s explanatory statement
This new Clause makes provision amending Schedule 23 to the Greater London Authority Act 1999 to enable London borough councils which are meeting air quality standards and objectives under the Environment Act 1995, or have an approved plan to do so, to opt out from certain road user charging schemes proposed by Transport for London. It gives the Secretary of State a power to intervene in certain circumstances. It also makes consequential changes to Schedule 23 to that Act.

[Baroness O’Neill of Bexley (Con)]

My Lords, on behalf of my noble friend Lord Moylan, who cannot be in his place, I beg to move the amendment.

Amendment 282N agreed.

--- Later in debate ---

Moved by

[Baroness O'Neill of Bexley]

302A: Clause 233, page 274, line 30, after “222” insert “and (Road user charging schemes in London)”
Member's explanatory statement
This amendment provides that new Clause (Road user charging schemes in London), tabled after Clause 226 in Lord Moylan’s name, extends to England and Wales, Scotland and Northern Ireland.

--- Later in debate ---

Moved by

[Baroness O'Neill of Bexley]

315ZA: Clause 234, page 276, line 11, after “225” insert “and (Road user charging schemes in London)”
Member's explanatory statement
This amendment provides that new Clause (Road user charging schemes in London), tabled after Clause 226 in Lord Moylan’s name, comes into force on a day appointed by the Secretary of State in regulations.

--- Later in debate ---

Moved by

[Baroness O’Neill of Bexley]

317: In the Title, line 13, after “land;” insert “about road user charging schemes in London;”
Member’s explanatory statement
This amendment amends the long title to reflect the new Clause (Road user charging schemes in London) tabled after Clause 226 in Lord Moylan’s name.