Levelling-up and Regeneration Bill Debate
Full Debate: Read Full DebateDepartment: Department for Levelling Up, Housing & Communities
Baroness Taylor of Stevenage
Main Page: Baroness Taylor of Stevenage (Labour - Life peer)Department Debates - View all Baroness Taylor of Stevenage's debates with the Department for Levelling Up, Housing & Communities
Levelling-up and Regeneration Bill
Baroness Taylor of Stevenage ExcerptsMonday 22nd May 2023
(11 months, 3 weeks ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
“(2) Schedule 18 may not come in to force until an assessment has been made of its impact on accessibility.”Member's explanatory statement
This means that schedule 18 does not come in to force until an assessment has been made of the impact on accessibility.
Baroness Taylor of Stevenage (Lab)
My Lords, during the Covid pandemic, the catering industry suffered huge disruption, and, with the support of local councils, some innovative solutions were found to create outdoor eating, drinking and dining spaces, which helped to provide some opportunity to relieve the pressure on businesses, but also to give some much-needed social space which met the constraints of Covid regulations.
In many communities, this brought a new dimension to high streets, with outdoor seating and catering creating more of a continental feel, which was, for the most part, welcomed by communities. The regulations relating to pavement trading were relaxed, and there was the opportunity to test the impact of these less formal spaces on supporting the regeneration of our high streets. So we welcome the overall aim, which is to encourage a more relaxed approach to pavement trading.
The Nationwide Caterers’ Association website states:
“The past two years have been incredibly difficult for the hospitality industry, and the hope is that refurbished outdoor spaces will help to attract customers with new offerings and a ‘continental culture that will hopefully bring Britain’s high streets to life’”.
However, as ever, the implementation of these street trading spaces during Covid highlighted some of the issues that arise, and the amendments in this group address many of them with sensible additions to the Bill that do not seek to reimpose an overbureaucratic regime.
Our Amendment 448 refers to the critical issue of accessibility. One of the main causes of complaint relating to pavement trading during the Covid crisis was that there was occasionally an inconsiderate approach to the needs of all highway users. Those with disabilities, for example, found that not enough space was left for wheelchairs or mobility scooters to get through and, for those with sight impairment, the unexpected obstacles on the highway presented major challenges. Although we support the overall drive for a more relaxed regime, it is essential that it does not create a street scene which excludes, or impairs access for, some of our community. Amendment 448 would ensure that accessibility is considered, by assessing the overall street scene and then ensuring that any pavement trading offer was compliant with keeping access routes clear.
Earl Howe (Con)
My Lords, this has been a full debate on the numerous issues bearing on pavement licences. I shall begin by addressing Amendments 449 and 450 in the name of my noble friend Lord Holmes of Richmond, to whom I listened with great care and respect. These two amendments relate to the definition of “relevant highway”. The Government support making it as easy as possible for businesses and local authorities to facilitate outdoor eating and drinking through the use of the streamlined pavement licence process. We believe that local authorities should maintain the flexibility to control pavement licences on highways which are both publicly and privately maintainable. The Business and Planning Act 2020 does not currently distinguish between those two types of highway, and as such any enforcement powers available to local authorities would apply equally, ensuring that local authorities can take appropriate action where there are issues with licences.
There are already a number of ways a local authority can consider the pedestrianisation of a street, including to facilitate the placement of furniture on the highway for alfresco dining. They include consideration of important issues such as whether vehicular access is required. Pavement licences can then be granted to highways that have been considered under those processes. We have seen the success of this in practice across the country, including in Soho in London and in the Northern Quarter in Manchester.
Turning to Amendments 451 and 452, which relate to fees and are also in the name of my noble friend, I can say to him that in developing proposals to make the streamlined pavement licensing process permanent, we have worked closely with local authorities, businesses and leaders from the hospitality sector and communities, and many of the points made in this debate have been raised during that process, including the issue of fees. We are increasing the fee cap from £100 to £500 for first-time applications and to £350 for renewals, having undertaken a detailed analysis of actual costs, to create a sustainable process which will cover the costs to local authorities in processing, monitoring and enforcing the process, while remaining affordable and consistent for businesses around the country, which were seeing inflated fees reaching thousands of pounds per application under the previous process. Local authorities maintain flexibility to set fees at any level under the fee cap to respond to local circumstances. For example, we have seen some areas making licences free to support their local high streets. At a time of rising costs, we are not seeking to impose additional charges on businesses, particularly given that the hospitality industry was one of the hardest hit by the pandemic.
My noble friend asked specifically whether we could include maintenance and schemes for profit-sharing in the licence. The fee cap, on which we have consulted extensively as I have mentioned, is set at a level which will cover the costs to local authorities for the administrative burden that they undertake in issuing licences. As I have emphasised, we are not looking to impose additional costs at this time.
On Amendments 453, 454, 456 and 457, also in the name of my noble friend, the pavement licence process that we are seeking to make permanent has been successful in the past few years because it provides a simpler, more streamlined process to gain a licence. Amendment 453 would introduce an unnecessary new administrative process for local authorities in requiring that receipts are sent to all applicants. It also has the potential to create a delay in the process, meaning that licences could take longer to be determined should receipts not be processed in reasonable timescales. However, we are seeking to double the consultation and determination periods compared to the temporary process to ensure that communities have sufficient opportunity to comment on applications. The total period allowed for consultation and determination will change to 28 days.
We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the consultation period when making the streamlined pavement licence process permanent. In working with these groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that the process is sustainable for the long term and gives communities an opportunity to comment on applications. That is why we are setting the consultation and determination periods at 14 days each—double that of the temporary process. Amendments 454 and 456 would create a slower process than that which it would replace.
Regarding Amendment 457, the deemed consent provision would encourage local authorities to make determinations within the 28-day window from submission. In the rare circumstances where local authorities do not make a determination and the application is deemed to be granted, this will be subject to all national and locally published conditions, including the “no obstruction” condition, which seeks to ensure that the pavement remains accessible for all. Where this condition is not met, local authorities can revoke licences.
I turn to Amendments 455, 458 and 460, also in the name of my noble friend Lord Holmes. Free flow of pedestrians and other users of the highway is important, which is why the Business and Planning Act 2020 already requires that local authorities take this into consideration when determining applications through Section 3(5) and (6)(a), and prevents licences from being granted where they would prevent pedestrians or other non-vehicular traffic from entering or passing along the highway, or having normal access to premises adjoining the highway.
With respect to Amendment 458, we are aware anecdotally of conditions which would, for example, require that licensed furniture be removed when not in use, and conditions which go further than our national smoke-free condition. We consider that local authorities have local knowledge and appropriate powers to impose such conditions should they consider it necessary. We do not think it is necessary or appropriate to create national conditions for these issues, as there are circumstances where it may not be necessary or appropriate.
With regard to Amendment 460, I thank my noble friend Lord Holmes for raising the very important issue of accessibility and impact of pavement licensing on disabled users of the highway. I listened carefully to the powerful speeches of my noble friend Lord Blencathra and the noble Baroness, Lady Jones, among others. The existing legislative framework requires local authorities to take these matters into account and they cannot grant a licence if pedestrians are prevented from using the highway as they usually would.
We have taken this issue very seriously in the light of experience since the pandemic. The Business and Planning Act 2020 sets out that all licences are subject to the “no obstruction” condition, which protects pavement users to ensure that they are not prevented from using the highway. In particular, it states that local authorities must have particular regard for disabled people when considering applications, and must have regard to the guidance published by the Secretary of State. This guidance, developed in close collaboration with Guide Dogs and the RNIB, sets out considerations that local authorities should take into account, including whether they should require barriers separating furniture from the rest of the highway—such as colour contrast and tap rails—or more rigid physical barriers. I hope that, taken together, these comments are helpful to my noble friend Lord Holmes and, indeed, to the Committee.
I turn next to Amendment 459 tabled by my noble friend Lord Young of Cookham. The streamlined pavement licence provisions under debate may be granted, as he will know, subject to any condition that the local authority considers reasonable, as set out in Section 5(1) of the Business and Planning Act 2020. As he rightly mentioned, we are aware that a number of councils across the country, including Manchester and Newcastle, have put in place local conditions that ban smoking in pavement licence areas. We believe it is important to allow local areas to make the decisions that are right for them, using local knowledge and the powers that they already have to impose conditions.
But that is not all. Any licences granted under temporary pavement licence provisions will be subject to a smoke-free condition whereby the premises will need to make reasonable provision for seating outdoors where smoking is not permitted. This condition ensures that customers have greater choice so that smokers and non-smokers are able to sit outside. As I have indicated, local authorities are also able to consider setting their own local conditions where appropriate and where local decision-makers believe that it is reasonable to do so.
I turn next to Amendments 462 and 463 in the name of the noble Baroness, Lady Taylor of Stevenage. The Government recognise the importance of having a system that can be properly enforced to both deter and tackle the unauthorised placement of furniture. Powers introduced in the Bill enable local authorities to serve notice requiring that businesses remove furniture that has been placed on the pavement without a licence. If this notice is contravened, local authorities can remove the furniture themselves or instruct to have the furniture removed, and can then recover the costs of this and sell the furniture and retain the profits.
It is the Government’s position that the introduction of the powers proposed will lead to appropriate protection of our communities by giving local authorities powers that both work as a deterrent and directly tackle where notices are ignored, ensuring that the licensing system operates appropriately. Highways authorities already have powers in the Highways Act 1980 to tackle obstructions on the highway, including Section 148, which creates an offence of depositing, without lawful authority or excuse, things on the highway that cause interruption to users of the highway.
I turn finally to Amendment 448, 464 and 465 in the name of the noble Baroness, Lady Taylor of Stevenage. These amendments seek to introduce requirements for assessments of impacts relating to various aspects to be taken by local authorities, by businesses or by government in advance of the measures being made permanent through the Bill. The Government agree that accessibility is incredibly important, and that our towns and city centres should continue to be accessible for all residents. As I set out earlier, we have made it a requirement—set out in Section 3(5) of the Business and Planning Act 2020—that the local authority must consider the impact of the proposed licence on accessibility of the highway to non-vehicular traffic before granting a pavement licence. As I also mentioned a second ago, we worked closely with the RNIB and Guide Dogs on the guidance that supports this.
We also recognise the importance that these measures will have on the vitality and vibrancy of high streets across the country, and encourage businesses and local authorities to embrace the opportunities that this regime offers while considering the impact of new licences on the community. We do not think it necessary or appropriate to require, through legislation, local authorities to consider to what extent a licence will increase high street footfall for the purpose of regeneration, because this would introduce additional burdens on both businesses—in the form of likely needing to undertake analysis and provide evidence of this—and local authorities in assessing this.
Finally, on Amendment 465, I am grateful to the noble Baroness for raising these important issues, which reflect previously tabled amendments that we have discussed on consultation periods, the introduction of tactile markings and the removal of deemed consent. We do not think it appropriate to require a report to be published on these matters as they have already been actively considered, as I have made clear. I hope these comments are helpful to her as regards the amendments in her name and that, specifically, she will feel able to withdraw her Amendment 448.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the Minister for, as ever, a thorough response to the issues that have been raised during this interesting debate. I am grateful to all noble Lords who have participated.
I appreciate the frustrations of Government Whips, but the purpose of your Lordships’ House is to give proper scrutiny to legislation that comes before us. This is a long and complex Bill with diverse issues, many of which go right to the heart of our communities’ concerns, and it is only right and proper that we raise the issues that we know they would want us to probe and explore in this House.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the noble Lord, Lord Moylan, for setting out the case for his amendment. However, I am afraid it still looks to me as if he is trying to fix something that is not broken and in doing so is going in the opposite direction of travel to a Bill for devolution.
Taxi licensing in two-tier areas is operated efficiently and effectively and enables local authorities to meet local needs. It also enables local taxi businesses to call into their local authority and have direct contact with it. The enforcement is also done very effectively. The proposal in the levelling up White Paper to transfer taxi licensing powers might be relevant to mayoral combined authorities, but I cannot see the case to justify it for shire counties. Current arrangements for licensing in shire counties work well and do not need to be disturbed. There are more important issues that would benefit shire counties than taking up time on such a consultation; for example, allowing councils to set licensing and planning fees or reforming funding for regeneration so that bidding is not necessary. I could go on, but it is late so I will not.
Even in London, it is not possible to buy an integrated ticket covering tubes, trains, buses and taxis. There will never be an integration of ticketing for obvious reasons of affordability; the cost of taxis and private hire vehicles make them the most expensive form of transport per mile. The White Paper presents no evidence that decisions on licensing prevent the integration of those transport modes into local transport plans. County councils as highways authorities are competent at providing taxi ranks at transport hubs and other appropriate locations in town centres; they do not need taxi licensing powers to achieve that integration.
District councils are not likely to ban taxis from operating half an hour either side of a train arrival, to try to stop private hire vehicles from picking up at or near bus stops, or to say that taxis cannot run at 2 am on Saturday or Sunday mornings to pick up people leaving nightclubs. So could we have more clarity on why Whitehall thinks that there is an integration problem?
A government Minister in the other place has talked of the inconsistency between licensing authorities because there are so many of them. Reducing the number of licensing authorities to 80, as that Minister mentioned, shows the fallacy of the suggestion. One could argue that inconsistencies are local authorities meeting the needs of their communities in relation to taxi operation. However, even if there are problems of inconsistency in policy or practice, the way to address them is by legislating for consistency.
In shire counties, it is likely that the review would be unwelcome and unnecessary. It would remove local decision-making that is sensitive to local requirements and policies and based on local knowledge. It is the opposite of devolution; it would not be an improvement to see decisions on licensing being taken remotely, with no guarantee that they will be people elected by the districts concerned or that they would have any knowledge of the district.
Earl Howe (Con)
My Lords, the amendment in the name of my noble friend Lord Moylan would require the Secretary of State to consult on the proposal in the levelling up White Paper
“to explore transferring control of taxi and private hire vehicle licensing to both combined authorities and upper-tier authorities”.
I reassure my noble friend that the Department for Transport plans to engage stakeholders on the proposal set out in the levelling up White Paper to explore transferring the responsibility for licensing taxis and private hire vehicles to upper-tier and combined authorities. The aim is to do so during the course of this year. Clearly, as my noble friend will understand, it is essential that the proposal is considered in detail before any decisions are taken about whether to proceed with the change. I am sure that the issues highlighted by the noble Baroness, Lady Taylor, can be picked up in that engagement process. My colleagues at the Department for Transport reassure me that they are currently working on this, so I hope that that, in turn, reassures my noble friend Lord Moylan sufficiently to enable him to withdraw his amendment.
“Letterbox height: England(1) In this section “local authority” means—(a) a district council in England;(b) a county council in England for an area for which there is no district council;(c) a London borough council;(d) the Common Council of the City of London.(2) A local authority within subsection (1)(a) or (b) may, by order, direct that dwellings may not include a letterbox which is less than 70cm from the ground.”Member’s explanatory statement
This would allow local authorities in England to direct that dwellings may not include a letterbox which is less than 70cm from the ground.
Baroness Taylor of Stevenage (Lab)
I apologise; it is late. Turning to our Amendment 476, I appreciate that many Members of your Lordships’ House will not have encountered the vagaries of the British letterbox—
Noble Lords
Baroness Taylor of Stevenage (Lab)
There we go; noble Lords are on my side already. For those of us who get involved in the sharp end of politics, this is a cry from the heart. When you are facing a delivery round of several hundred doors, there are a number of hazards you will encounter: the spring-loaded letterbox designed to slam down on your fingers; the infamous brushes that make it impossible to push through anything other than the most robust card; and the vertical letterbox that is not at all compatible with efficient delivery. Worst of all, always at the end of your round, when your back is aching and your hands are battered by the aforementioned finger bashers, is the dreaded ground-level letterbox.
In a shameless attempt to try to curry favour not just with political activists of all parties but with our beloved posties who have to put up with this every day, we would dearly love to give local authorities a power to specify for new properties that there is an optimum height for letterboxes.
Baroness Taylor of Stevenage (Lab)
My Lords, I shall finish speaking to our amendments in this group, if that is okay; apologies for the confusion.
Our amendments in this group reflect what we see as a series of missed opportunities in what should be a Bill that will facilitate the regeneration that is needed across the country, both to re-energise our economy and high streets and to harness the opportunities of science and technology, a new green economy and a wave of sustainable housebuilding. We also want to ensure that the regeneration element of this Levelling-Up and Regeneration Bill is front and centre, not just for the major cities of the UK but for the towns, new towns, coastal communities, rural communities and market towns that feel left behind by a combination of the austerity measures imposed by government and the intense focus on a few of our major cities.
I was pleased to see in an article in Saturday’s Financial Times that the approach taken in my hometown, Stevenage, is being flagged up in an industry report, More than Stores, which says that town centres looking to reinvent themselves must blend their retail spaces with mixed residential housing, flexible office space, leisure and entertainment options, healthcare and historical heritage, which can turn high streets into lived-in spaces. The need to diversify, with more inventive uses for town centres, comes from a growing shift to online shopping. The Centre for Retail Research says that 17,000 shops closed in the UK in 2022, so our town centres must become community, visitor and business hubs, or they will not succeed.
Our Amendment 487 seeks to understand how areas are expected to have access to equal levels of infrastructure by setting a minimal level of infrastructure provision across the country. It is difficult to see how any genuine levelling up can take place when there is such different provision of medical, education, training, public transport and leisure infrastructure, and green space. Understanding the infrastructure deficit that an area is experiencing could also help us focus on what is needed from the infrastructure levy as that develops.
We do not believe that signage for local areas should be subject to national control. Therefore, our Amendment 489 would enable local authorities to provide the kind of signage that meets their local needs. Markets provide a much-needed boost to local economies. At their best, they enable new businesses to start up with relatively low costs, encouraging diversity in trading, improving footfall for town centres and high streets, and giving a much-needed outlet for growers and makers to market and sell their products. Amendment 490, tabled by my noble friend Lady Hayman, probes what support is available for town markets and whether the Government see these important contributors to our local economies as part of the wider regeneration picture.
The Bill seems to be silent on some of the key aspects of regeneration. The elements of the most successful regeneration projects must be captured and shared. Our Amendment 491 probes whether the Government will review how the introduction of homes in town centres and high streets and the regeneration of empty spaces to provide flexible working space can form key aspects of regeneration, and then bring forward further legislation to enable that.
Amendments 493, 494 and 495, respectively on market towns, coastal communities and new towns, ask Ministers to act quickly, within one year of the Bill being enacted, to gather information and best practice and to publish strategies for their regeneration. The issues faced by these differing communities are well documented. For example, because the infrastructure of first-generation new towns was built within a relatively short timescale, it is all deteriorating at the same time rather than incrementally, as would be the case for a town that has developed in a more iterative way. Our coastal communities have suffered a loss of their key industries, in some cases exacerbated by Brexit. As their infrastructure deteriorates, they find themselves in a spiral of decline. We believe there is a role for government in supporting regeneration for these left-behind communities.
Amendment 496, tabled by my noble friend Lady Hayman, reflects the concerns expressed about air quality in many of the previous discussions in Committee. In view of the well-documented health implications of poor air quality, surely it is time we had a national ambition in this respect. We could then begin to implement the planning changes that may be needed to achieve the targets.
I referred earlier to the aspiration we must have to ensure that the economy is geared to decarbonising our economy, and, as we do so, to create the jobs and skills needed for these new energies and to generate the sustainable energy we need for this country’s future. Amendment 497, tabled by my noble friend Lady Hayman, requires the Government to produce a green prosperity plan in order to be clear about how a new green economy can contribute to levelling up and regeneration.
Amendment 501 again reflects many previous discussions in Committee about the importance of the link between nature and levelling up. We are asking the Government to assess the extent to which they will improve access to nature for deprived communities, give duties to local authorities in respect of the recovery of nature and require them to set nature restoration targets. The Institute for Government has been critical of the process of awarding levelling up funds, saying:
“Those areas winning bids will no doubt welcome the money, and the projects funded will improve some local areas. But as a UK-wide policy the Levelling Up Fund lacks the scale or focus to move the dial on the substantial and persistent gaps in regional economic performance that the government has pledged to address through its levelling up agenda. Nor is the model of awarding money to local projects based on central government competitions an effective one”.
The local government community has also been very concerned about the operation and cost of the levelling up fund and its effectiveness in driving the aims of the White Paper. Amendment 502 in the name of my noble friend Lady Hayman would require the Government to carry out a review of this fund and what it has achieved so far in terms of levelling up. Our Amendment 504GE would require an equalities analysis of the spending that has been undertaken in relation to the levelling up fund so far, to determine how equalities analysis and evidence has informed spending decisions.
We have seen some welcome relocation of government departments around the regions and nations of the UK, but we question whether this is going fast enough or far enough. The lessons learned regarding flexible and virtual working from the Covid pandemic surely mean that now is the time for a radical redistribution of civil service jobs, still largely concentrated in central London, to different locations. Our Amendment 503 asks for a thoroughgoing review to be conducted by Ministers to maximise the impact of civil service jobs in areas where this would contribute to levelling up.
High quality, reliable and affordable child care is a key factor in ensuring that parents can take their full role in the economy and in supporting their family. Our Amendment 504A probes whether removing the clauses in the Childcare Act 2006 that preclude councils from running their own childcare provision would help to make sure that they can contribute to providing adequate childcare in their area.
We are concerned about reports that the Treasury has withdrawn co-operation on capital projects with the Department for Levelling Up, Housing and Communities, and that this will result in potentially catastrophic consequences for the implementation of the levelling up provisions in the Bill. Our Amendment 504GD probes whether this matter is under active management by the Government and whether the Secretary of State has powers to instigate capital projects that will be essential for levelling up.
We believe a real boost could be provided to town centre regeneration by the introduction of town centre investment zones, so my noble friend Lady Hayman is pleased to be a signatory to Amendment 504GG in the name of the noble Lords, Lord Ravensdale and Lord Mawson, and the noble Baroness, Lady Verma. The conditions set out in subsection (3) of this amendment are the proven elements of a successful regeneration and we believe they should be a precondition for the designation of a TCIZ: a clear long-term vision for the investment zone; a strategy for bringing together local initiatives and council services; existing or historic town centre features within the designated area; a clear collaboration between local residents and businesses to undertake planning for the TCIZ; and the presence of a master plan, business neighbourhood plan or town centre area action plan. For those areas achieving designation as a TCIZ, there should be powers to discount business rates in the area designated. This amendment also includes an important clause to require the Secretary of State to ensure that local authorities will not suffer any net financial loss as a result of such regulations.
Amendment 504GJH in the name of the noble Baroness, Lady Pinnock, requires government to set up a register of schools and hospitals in serious disrepair. We have already seen terrible examples, such as an A&E department held up by steel support bars as medical staff have to carry out their life-saving work weaving in and out between them. The promises, unfulfilled so far, of 40 new hospitals must ring very hollow to the staff working in those conditions. Too many of our schools operate using temporary buildings that are inefficient and expensive in energy terms, and far from ideal in the learning environment they offer. Thinking back to the days of the innovative and forward-thinking Building Schools for the Future programme, one of its drivers was to ensure that the buildings in which young people learned also helped to improve their self-esteem and aspirations for the future.
I am sorry to have taken some time over that, but it is important that the regeneration aspects of the Bill take equal prominence with all its other aspects.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the Minister for her full reply. I do not intend to go through all the aspects again; I spoke for long enough earlier on, and it is very late.
I thank noble Lords for their support on letterboxes. I think this is the first time while I have been working on the Bill that the Government have accepted a proposal that we have put forward, for which I will be eternally grateful. I am sure that many of our colleagues across the party-political spectrum, not to mention all those lovely people who deliver our post every day, will be delighted with that response from the Government.
I thank the noble Lord, Lord Ravensdale, for his thoughtful amendment, which we also put our name to, and his key points about how we should manage the regeneration of our town centres. That should be much more front and centre of the Bill than it is. I hope the Government will think about that, and about how we ensure that we put in place the right environment, and the right steps, to encourage that vital regeneration.
I am grateful to my noble friend Lady Warwick for mentioning the key role that affordable housing needs to play in relation to regeneration. We have had many debates in Committee on affordable housing and what it can do, but we simply will not have levelling up unless people have decent places to live. The current definition of affordable housing is unlikely to deliver that. Again, I hope that we will make some progress on that as part of the Bill.
The noble Baroness, Lady Pinnock, talked about public services being at the heart of levelling up. The buildings in which those public services are delivered are really key. If a child is going into a temporary building for their education, that does nothing for their aspirations or feelings of self-esteem, so that amendment is absolutely key.
I am grateful to the Minister for recognising our amendments on market towns, coastal communities and new towns. Yes, there has been some funding through the levelling up fund but of course those communities have been set in competition with one another for that fund, so some of them get funding and some do not. All those communities need some support.
On the Minister’s comments on the green prosperity plan amendment, I fear that the net-zero nirvana which she talked about is not quite as close as she indicated it might be. In the levelling up fund, there are some conditions around net zero but a lot of that is to do with walking and cycling. The really key issues around skills, training and energy generation have not been reached, so far, in the way that we would want to see levelling up affecting them. There is a way to go with that yet. That said, in view of the late hour, I will withdraw the amendment.
“Devolution Bill(1) Within 120 days of the passing of this Act, a Minister of the Crown must publish draft legislation titled the Devolution Bill.(2) The Bill must include provisions for CCAs to request further powers for the purposes of supporting local economic growth, rebalancing the economy and equalising living standards across the United Kingdom. (3) The powers may relate to, but are not limited to—(a) housing;(b) energy;(c) childcare;(d) buses;(e) trains;(f) skills, training and employment.(4) The Bill must also include provisions for a new framework of cooperation between CCAs and the Government based on mutual respect.”Member's explanatory statement
This would ensure a Minister publishes draft legislation for a Devolution Bill.
Baroness Taylor of Stevenage (Lab)
My Lords, the hope for this Bill was that it would be a genuine step towards devolution—the kind of radical power shift that is needed to empower local communities to re-energise our economy, right across the UK, and reshape our public services so that they work equally effectively wherever you live because they are flexible enough to meet local needs. Instead, in too many aspects the Bill is centralising, with government having to give a sign-off to new structures, the introduction of centralised NDMPs and the mysterious office for place, and the imposition of an infrastructure levy, with its inherent risk that the Treasury may see it as a funding pot from which to fund national infrastructure.
The Bill also contains a presumption that areas and regions of the UK will get the funding they need to move forward only if they meet the Government’s model of what is needed. This may very well exacerbate the inequalities that the Bill attempts to address. Surely those operating at local level are more likely to know what is needed for their area. Instead of addressing the power imbalance between the nations and regions of the UK, the Bill attempts to face in too many directions at once. It includes a planning Bill, a local government structures Bill, an environment Bill and so many other projects and programmes, some with fairly tenuous links to levelling up and regeneration, as we have heard today. It has so much hanging from it that it has become a bit of a Christmas tree Bill.
Baroness Scott of Bybrook (Con)
My Lords, this amendment, in the name of the noble Baroness, Lady Taylor of Stevenage, seeks to place an obligation on a Minister of the Crown to publish draft legislation for a devolution Bill within 120 days of this Bill receiving Royal Assent. We support the principle behind this amendment—that combined county authorities can request further powers which would enable activity to help drive economic growth and support levelling up.
In fact, we have already gone further than this in the devolution offer set out in the levelling up White Paper. This sets out a clear menu of options for places in England that wish to unlock the benefits of devolution, whether that is moving towards a London-style transport system to connect people to opportunity, improving local skills provision or being able to act more flexibly and innovatively to respond to local need. Any area, including those considering a combined county authority, is welcome to come forward and ask government to confer local authority and public authority functions as part of devolution deal negotiations. The levelling up White Paper has confirmed that the devolution framework is not a minimum offer. These asks are typically made as part of devolution deal negotiations.
We recognise that our existing mayors are already playing a powerful role in driving local economic growth and levelling up. That is why the Government plan to deepen the devolution settlements of the most mature institutions. The White Paper committed to trailblaze deeper devolution deals with the Greater Manchester and West Midlands combined authorities. These agreements were announced on 15 March 2023 and include many areas which will support these regions to drive growth and prosperity, including on skills, transport, housing and net zero, alongside single funding settlements and stronger accountability focused on outcomes.
These deals will act a blueprint for other areas with mature institutions to follow. This will include combined county authorities, once established. Ultimately, our aim is to achieve the local leadership levelling-up mission: that, by 2030, all parts of England that want one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.
I say to my noble friend Lord Young of Cookham that, actually, devolution is what we want to deliver the local leadership that is required to level up this country. Devolution is part of the levelling up in the Bill, along with many other things to enable the levelling up of the United Kingdom. As such, I hope the noble Baroness agrees that this amendment is unnecessary and feels she can withdraw it.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to noble Lords for participating in the debate and to the Minister for her response. The noble Lord, Lord Young, was absolutely spot-on to point to the tension between devolution and levelling up. All the way through our discussions on the Bill, we have felt that tension; we kept coming back to it, because there is an essential tension there. He mentioned the number of funding streams—planning fees, bidding fees, pothole action funds, the towns fund—which are all funds that local areas have to bid for, and they are not a buoyant source of local revenue. They are not renewable: if you want more, you have to go back to government and ask for more. What we actually need are those local revenue-generating sources that would enable that economic regeneration in our own areas. The noble Lord, Lord Shipley, suggested that this might need some sort of a commission to run to in order to demonstrate what you need to do to shift this.