Levelling-up and Regeneration Bill

Baroness Taylor of Stevenage Excerpts

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

Moved by

[Baroness Taylor of Stevenage]

At end insert “, and do propose Amendment 13B in lieu—

13B: Clause 9, page 9, line 30, at end insert—
“(7) A Minister of the Crown may by regulations establish a process for non-constituent members who are local authorities to become full members.””

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I remind the House of my interests as listed in the register as a vice-president of the Local Government Association and of the District Councils’ Network. Before I speak briefly to the amendments in this group, I thank the noble Earl, Lord Howe, for all his time and careful consideration of the outstanding issues we feel remain in this Bill following its consideration in the other place. We also add our best wishes to the noble Baroness, Lady Scott of Bybrook, for a speedy recovery.

Amendment 13B relates to the ability of combined county authorities to agree, as a part of their devolution deal and, if they wish, by local consensus, that district council members be full voting members of the CCA. We have discussed this at length both in Committee and on Report, but there has been no movement on the Government’s part. In a debate in the other place, many Members spoke of the important role districts play in exercising their powers relating to planning, housing and economic development to further the economic growth of their areas. To take these key decision-makers out of the frame would be tantamount to shooting devolution in the foot before it has even got off the ground, not least because in unitary areas where councils have all the powers that districts have and the powers of county councils, they are represented on CCAs.

In the debate in the other place, MP after MP from two-tier areas spoke of the value they place on the work done in relation to development by their district councils. Sir Julian Lewis quoted the Conservative chairman of Conservative New Forest District Council, who supported our original amendment:

“District Councils hold levers which are indispensable in creating jobs, improving economic opportunity, addressing skills shortages, tackling inequalities and reviving local pride—precisely the outcomes at the heart of the levelling up … Bill … It simply makes no sense that districts should be excluded from these new devolution deals”.


Sir Julian appealed directly to the Minister, saying that his local district council will not be

“sidelined or excluded by the Government’s refusal to accept Lords amendment 13”.—[Official Report, Commons, 17/10/23; col. 228.]

Yet the vote went through to disagree with the Lords amendment.

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[Earl Howe (Con)]

My Lords, we have been over this issue almost ad infinitum in Committee. We are not in Committee anymore; we are at Lords consideration of Commons amendments. I hope the noble Lord would agree that we are past the stage of arguing the niceties in the way he invites me to do.

Finally, in his Motion ZE1, the noble Lord, Lord Bach, seeks to insist on his original amendment. I can only reiterate the points in my opening that PCC powers would transfer to an elected mayor only after that individual has become democratically accountable at a local level. The example he sought to cite as a fait accompli is nothing of the kind, for the simple reason that there needs to be an election before the Mayor of the West Midlands could hope to become a PCC. If the transfer is to happen in the West Midlands, the mayor could exercise the PCC functions only if elected to do so at the next election, so there is no compromise of the democratic mandate of the elected mayor to exercise the functions. The choice of who would exercise the PCC functions in the West Midlands would remain in the hands of the people of the West Midlands if the transfer were to happen.

Commencement at Royal Assent enables the Government to adhere as closely as they can to the Gould principle of electoral management, whereby any changes to elections should aim to be made with at least six months’ notice. As the noble Lord knows, the Government wish these provisions to have legal effect in time for the local elections in May next year. His amendment would frustrate that policy intention. I hope he will forgive my pointing it out, but doubtless he will have noticed that the Government’s majority on this issue in the other place was very substantial: 153. I hope that on reflection he will be content to accept the assurances I have given and will not move his amendment in lieu.

[Baroness Taylor of Stevenage (Lab)]

My Lords, the noble Lords, Lord Shipley and Lord Lansley, highlighted the confusion at the heart of the Government’s position relating to district councils on combined county authorities. The Minister’s contention is that there is local discretion to give districts a vote, while his statement was that only upper-tier authorities should be full members. I am not satisfied that the Government continuing to repeat this assertion that CCAs should be made up of upper-tier authorities only when their core business is not housing, planning or economic development but social care, children’s services and highways makes it right or advisable, and neither does it meet the key principles of democracy or devolution. Therefore, I wish to test the opinion of the House.

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[Baroness Swinburne (Con)]

My Lords, I will speak to Motions K, S, T, U, Y, ZG and ZJ. In light of the growing need for collaboration across the United Kingdom on pressing matters such as climate change and energy security, and to ensure that the UK remains an attractive place to invest and deliver major infrastructure projects, there are substantial benefits to maintaining an effective framework of powers across the UK.

I am pleased to inform the House that, following positive discussions with the Scottish Government, the Government tabled amendments on 28 September to Part 6 of the Bill and related provisions in Part 3. Subsequently, the Scottish Government recommended that the Scottish Parliament provides legislative consent for Part 6 on 11 October. This is a significant milestone on the road to a new, more effective framework for environmental assessment, and it is testament to the strength of the partnership between the UK and Scottish Governments.

In respect of Part 6 and related provisions in Part 3, the Government tabled Motion T to disagree with Lords government Amendments 102 and 103—made on Report in the Lords prior to the agreement having been reached with the Scottish Government—and proposed amendments in lieu, in the House of Commons. Via Motions K and T, these amendments give effect to the position that has been agreed with the Scottish Government and give Scottish Ministers concurrent powers to make environmental outcome reports regulations and associated guidance where they have competence to do so. These amendments also provide assurance that the consent of Scottish Minsters would be required for environmental outcome reports regulations that fall within the legislative competence of the Scottish Parliament or fall within the regulation-making powers of the Scottish Government.

The Welsh Government had already indicated their support, and the Senedd subsequently passed a legislative consent Motion on 17 October. Through Motions S and ZG, the Commons disagreed with Lords Amendments 90 and 285, putting forward Amendments 90A and 285A in lieu, to support the position with the Welsh Government.

These amendments include a change requested by the Welsh Government, which will bring Clause 222, which makes exceptions for environmental outcome reports provisions to general restrictions on the legislative competence of Senedd Cymru contained in the Government of Wales Act 2006, into force two months after Royal Assent and inclusion of reference to the Environment (Wales) Act 2016.

There are also a small number of technical amendments, bringing various parts of legislation into the scope of the Bill, which are necessary to maximise interoperability across the devolved Governments. These are reflected in government Motions U, Y and ZJ.

I hope that noble Lords will agree with the positive positions that our amendments, and those made to strengthen amendments proposed by the Lords, allow the Government to take, reflecting on the constructive intergovernmental work that has taken place to agree them. I beg to move.

[Baroness Taylor of Stevenage (Lab)]

My Lords, these are technical amendments to align Scotland, Wales and England, so we have nothing further to add.

Motion K agreed.

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[Baroness Pinnock (LD)]

My Lords, the very fact that these two issues remain for this Bill demonstrates that the Building Safety Act is, sadly, unfinished business. Although the matters will not be concluded today, I can be sure that they will be raised in future legislation in this House, because they need to be resolved. Having said that, I support what the noble Lord, Lord Young of Cookham, said about non-qualifying leaseholders. It is a large group which deserves not to be neglected, and I support my noble friend’s valiant efforts in getting the regulation appropriate to the need.

[Baroness Taylor of Stevenage (Lab)]

My Lords, first, I thank all noble Lords who have contributed to the building safety parts of this Bill, which have been complex, but it was all done in the interests of the leaseholders who are at the end of this process. The noble Lords, Lord Stunell and Lord Young, have outlined the reasons for their amendments. I hope that the Minister will carefully consider these outstanding matters. We are all mindful in your Lordships’ House that behind all the technicalities and complexities of the Building Safety Act and attempts to right its deficiencies in this Bill is a group of leaseholders, many of whom were or are first-time buyers, who have had the start of their home-owning journey blighted by the worry and concern of remediation and uncertainty over service charges. They have been let down by errors in the original Bill, which meant that the status of their leasehold determined what charges they would have to pay.

The Minister reassures us that further review of these matters will be undertaken. I hope that will be the case, and that further thought will be given by the Government, if there is to be no compensation to those who have already had significant costs, to how that might be dealt with in future.

[Earl Howe (Con)]

I am grateful to noble Lords for their comments on this group. I thank my noble friend Lord Young for his kind words on government Amendments 288A, 288B, 288C and 288D. He asked about his Motion in relation to leaseholders who have paid remediation costs since losing the protections. Like my noble friend, the Government are concerned about leaseholders who have paid a significant service charge where they have lost the protections upon extending their leases. Those who have paid out remediation costs while outside the protections may be able to bring a claim for unjust enrichment.

I should point out to your Lordships that we are not aware of this issue being raised with us by any affected leaseholders, so it may well be theoretical in nature—my noble friend may contradict me on that. That said, if we do come across any cases where remediation charges have been paid and are not returned, the Building Safety Act contains a power to make secondary legislation that we believe enables us to provide a bespoke remedy to this issue. If cases do come to light, we will consider carefully whether that is the right thing to do.