Levelling-up and Regeneration Bill

Clive Betts Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[Dehenna Davison]

It is a pleasure to be here for the next stage of this vital Bill. My right hon. Friend the Secretary of State recently set out his guiding principles for the Bill: beauty, infrastructure, democracy, environment and neighbourhoods—or, for acronym fans, BIDEN. We want to ensure that people across the country have the opportunity to live and work in beautiful places, supported by the right infrastructure, with strong locally accountable leadership and with better access to an improved environment, all rooted in thriving neighbourhoods of which they can be proud. Regrettably, though, there are areas of the country that are long neglected and that will require a concerted effort from us all. We have to put an end to the shameful waste of potential that has held so many of our constituents and our country back for so long.

This is why the ambitions set out in the levelling up White Paper are so crucial. If we are going to achieve our ambitions, we have to be focused. That is why the first part of the Bill creates a self-renewing national focus on this endeavour, through the setting of and reporting on missions to level up. These missions, with their clear, measurable objectives, will drive the action needed to reduce geographic disparities. One such mission is our vision for devolution across England. This is why the Bill creates a new model for devolution: the combined county authority. It also improves existing models thought the combined authority and county deal models, making devolution easier to achieve, extend and deepen.

[Mr Clive Betts (Sheffield South East) (Lab)]

One of the disappointments with this Bill is that, although it extends the principle of combined authorities to county areas, it does not actually transfer any new powers to local government as a whole that are not currently available in some authorities. Could the Minister point out one place in the Bill where a new power that is currently not devolved to local government will be devolved after the Bill is passed?

[Dehenna Davison]

The Chair of the Select Committee is a passionate campaigner on these issues. He will know that the Government are incredibly keen on empowering local areas to take on their own devolution deals, and that is why we are in the process of negotiating a large number of deals, including trailblazer deals with Greater Manchester and with the West Midlands, which I know Members right across the House are incredibly passionate about. We are looking at new powers and new funding to ensure that those devolution deals deliver for local people.

We are making it easier to achieve, to extend and to deepen devolution. At the same time, the Bill is making it easier for local authorities to regenerate their areas by providing them with new and improved tools for that purpose, including a new locally led model for urban development corporations, changes to ensure that any former development corporation can have conferred on it the functions most useful to its purpose, and improvement to the compulsory system to remove barriers so that authorities can assemble land, including brownfield land.

[Mr Betts]

Often, when compulsory purchase powers are used by local authorities, the value of the site they are purchasing is enhanced because they are using those powers and the owner of the site gets a “hope value” addition to what they receive. Would the Minister consider ensuring that, where a CPO has been put in place, no extra value is generated for the owner because the CPO itself is operated or because it is part of a regeneration site as a whole?

[Dehenna Davison]

I am happy to discuss that with the hon. Member in further detail following the debate today. It is certainly something that we are exploring behind the scenes with a view to taking action at a later date.

We are also looking at introducing discretion for local authorities to increase council tax on second homes and long-term empty homes, together with innovative high street rental auctions to tackle the damage that the gradual erosion of high street occupancy can cause.

Hon. Members will recall that the Government have already made provision for the full repeal of the Vagrancy Act 1824. As the Secretary of State has said, the Vagrancy Act is outdated and has to go. This Bill was introduced initially with a placeholder clause, allowing for a replacement to the Act to be added. During the passage of the Bill, however, we have listened to the depth of feeling from Members across the House, and particularly from my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who has campaigned passionately on this issue. After working with Members across the House and having reflected on the right approach to the replacement legislation, I have tabled amendments to remove the placeholder clause. I can commit to the House that the Government will not bring forward any amendments to the Bill on this subject. We will, though, be working with the Home Office to make sure that the police and others have the tools they need to protect communities and ensure that people feel safe.

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“restored power to local people.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 20 October 2022; c. 907.]

[Mr Betts]

One of the problems with the Standards Board was that it was simply overwhelmed with complaints because residents were allowed to go to it at first instance, rather than appealing to it if their local authority did not deal properly with their case. Another problem was that parish council complaints were allowed under it. If those two issues had been addressed, the Standards Board could have dealt with a smaller number of cases, as an appeal system. It would have been a very different arrangement.

[Mrs Lewell-Buck]

My hon. Friend is correct. It is simply not in the interests of local people to have no mechanism at all to remove someone from office who is acting inappropriately. People in my area who have experienced the damage caused by our previous council leader and his supporters find offensive the suggestion that removing that level of accountability has somehow given them more of a voice or restored any power to them.

It is the greatest honour to serve our community, whether at council level or in Parliament. With that should come appropriate checks, balances and levels of accountability. The public need confidence in the system. They need to know that cases such as those that I have mentioned will never happen again. My new clause would ensure that.

Amendments 71 and 72 simply ask that the Government align the levelling-up missions with the United Nations sustainable development goal to end hunger and ensure access by all people—the poor and the vulnerable, including infants—to safe, nutritious and sufficient food all year round, and that it be measured by tracking the prevalence of undernourishment in the population and the prevalence of moderate or severe food insecurity, based on the food insecurity experience scale. It is astonishing that a Bill that attempts to level up all parts of the UK does not mention hunger or food insecurity once, despite the Government acknowledging that it is not possible to level up the country without reducing the number of children going hungry and living in poverty.

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[James Grundy]

The hon. Gentleman makes an interesting point. The issue is that it does not matter what the actual circumstances are. Regardless of the facts on the ground, Mayors are incentivised by the nature of their role to stand up and say, “I am fighting for my area.” It encourages them to concoct fights with central Government, regardless of the issue. Then we end up with this position where there is constant strife between central Government and regional Mayors.

The problem with regional Mayors—a number of colleagues including my right hon. Friend the Member for Camborne and Redruth (George Eustice) have made excellent points on this—is that it creates one single figure representing in some cases millions of people. A huge amount of power is vested in that individual, and that is deeply unhealthy.

We have heard the arguments for a sense of conformity across local government. I fear that that approach replicates the errors of the 1973 local government reforms, which created ever-larger local authorities. I remember—it was before I was born—that the campaign against it was, “Don’t vote for Mr R. E. Mote”, because the feeling was that the decision-making process was being removed ever further away from small communities to large, more remote places. As I am sure the hon. Member for Wigan (Lisa Nandy) knows, because we share a borough, the people of Leigh in the 1970s campaigned hard to avoid being merged into the Metropolitan Borough of Wigan, and we lost, much to our immense regret. Other communities, such as Warrington, that campaigned successfully to stay out of Greater Manchester are much happier in Cheshire. I know that the good people of Bury successfully campaigned to stay out of the much larger Rochdale borough that was proposed. I fear that we are replicating the errors of the 1973 local government reforms on a county level or, indeed, a multi-county level with these regional Mayors.

I am sure you know, Mr Deputy Speaker, that there is not universal approval for the idea that everywhere should have Mayors. I spoke on “Sunday Politics North West” a number of months ago, and there was cross-party agreement that Lancashire—your home county, where your fine constituency of Ribble Valley lies—wanted a combined local authority, not a Mayor, and I fully support that. It had universal cross-party approval. My understanding is that other areas, such as Cheshire, are basically not entirely on board with the idea of a Mayor covering the entire county.

We have heard about Cornwall, and my right hon. Friend the Member for Camborne and Redruth made a compelling case. The only bit I did not agree with was where he said that Cornwall was a special case. I agreed with every word he said except that, because I believe that every part of England that does not want a mayoral devolution settlement should not be forced to have one. Furthermore, I also agree with Opposition Members who said that the best sort of levelling-up deal and funding should not be tied to having a Mayor. That is an obnoxious provision with which I profoundly disagree. I am afraid that on that particular issue, the Government will not have my support. I place my grave reservations about that measure on record.

In broad terms, I think the Bill is superb. A number of improvements have been made during its progress, and as I have said before, I thank Members who have come forward with amendments, and I thank the Minister for her response on how they will address that. As I have said, I have grave concerns about the path of devolution that we are taking as a Government and those issues need to be addressed. One size fits all will not work across the whole of England. We have to address the serious issues at the heart of trying to hammer square pegs into round holes.

The Minister referred to the Greater Manchester trailblazer devolution deal, just as the Chancellor did in the autumn statement, but I would appreciate it if she conveyed to the Secretary of State that I, and other Greater Manchester MPs, would very much like to be briefed on that. While the Government may have spoken to the Mayor of Greater Manchester, I am afraid that consultation on the issue with Greater Manchester colleagues has not been forthcoming—I see the shadow Secretary of State, the hon. Member for Wigan, nodding. I assume that, like me, she has received very little consultation, or none.

Over the past few years, there has been an unfortunate tendency for Governments and Departments to seem far happier speaking to regional Mayors than to Members of this House. Members of the House should firmly resist the idea of being turned into powerless cyphers. In my view, a Mayor is a part of local government. They should have a lesser role in the governance of this nation than we do as Members of Parliament. To dilute the powers of Members of this House is fundamentally wrong.

After all, the vast majority of Mayors, other than in London, where there is a full Assembly, have scant accountability mechanisms—there is no Greater Manchester Assembly or Merseyside Assembly. Vesting such powers in individuals who negotiate directly with Government Departments, with scant input from Members of Parliament whose areas those mayoral authorities covers, is an unsustainable position. I understand that that is not the fault of the Minister, but I hope she will stress very firmly to the Secretary of State that the issue needs to be addressed, and addressed quickly.

I have covered everything I want to say. Overall, the core of this legislation is extremely sound. I commend the work of the Minister and her colleagues, as well that of colleagues who worked on the Bill before she took up her role. The tension between devolution and localism has come up today and, unless it is addressed, it will continue to come up as we discuss other pieces of legislation. The thing about devolution is that everything tends to get devolved after time and as MPs we get asked about everything. If we become shut out of the discussion and the process, that will present problems, regardless of party and across the House.

[Mr Betts]

We have before us something called a Levelling-up and Regeneration Bill. I agree with the hon. Member for Mansfield (Ben Bradley) who said that the Bill might be better if the planning elements had been taken out of it. The problem is that that would not have left much remaining, because essentially it is a planning Bill with bit of levelling up tacked on.

Indeed, as I said on Second Reading, the Bill has no new powers and there is no new money for levelling up and devolution. The Levelling Up, Housing and Communities Committee has launched an inquiry into the funding of devolution and levelling up. We have just started taking evidence and it will be interesting to see what conclusions are found, based on that evidence.

I do not agree with the hon. Member for Leigh (James Grundy) that we are diluting the powers of Members of Parliament. Hopefully, what we are doing is taking powers from central Government and handing them down to local government. I am in favour of that; we do not do nearly enough of that in this country. Indeed, as Members of Parliament we sometimes have to recognise that we do not have that much power. The Government get on with their business, and occasionally they tell us what they are doing.

[James Grundy]

I agree with the hon. Gentleman’s sentiment, but my concern is that, effectively, devolved Mayors look increasingly like not local government but an interim tier of Government—almost like the Scottish Parliament or the Welsh Assembly.

[Mr Betts]

I will return to that, but I will first comment on the planning issues, which we will hopefully come back to at a future date. There are some challenges around housing targets and how we get to 300,000 if we do not have the building blocks at a local level. I am sure that will be an interesting discussion.

I am in favour of building on brownfield sites wherever possible, because this is about regenerating and bringing life back to many areas that have suffered incredible decline. I would say, however—the Government will have to listen at some point—that building on brownfield sites is more expensive. In my constituency, there are old industrial areas with chemicals in the ground and old derelict buildings that need clearing and improving before we begin to put something new in their place. That is an expense. At some point, the public purse will have to find the money for that to enable private sector development.

The other day, I sat almost entranced for half an hour by a briefing from Professor Philip McCann, who is now at the Alliance Manchester Business School but was previously at the University of Sheffield. His description of this country was staggering. He talked about the inequalities between regions in this country that make us different and more unequal than any other country in western Europe. He said that the inequalities between the richest parts of the south-east and the rest of the country are now wider than they were between East and West Germany at the time of reunification, which is staggering. The richest part of the country in the south-east has a degree of affluence, an income and gross value added levels that make it very similar to the richest parts of western Europe. The rest of the country, particularly northern areas, have productivity levels below those of the Czech Republic. It is staggering that that is where we have got to. One of the big challenges is to remove that inequality.

We are one of the most centralised and unequal countries, so the idea that central government is the way to level up is nonsense; we level up only by getting powers down to local communities. To come back to the point of the hon. Member for Leigh, with which I am not sure I totally agree, that probably means that we need something beyond the size of an individual local authority to enable the economic transfer of power on the scale that is necessary to make a difference—to attract overseas investment, to get the skills agenda going, to put the transport infrastructure in place, and to do all the things that we want to see. That is why combined authorities are probably a good way forward—I will put one or two conditions on that in a second—with or without an elected Mayor.

I was against elected Mayors, but I have come round to the view that they work. I would not impose them on an area, but it is right to have that option. Most areas will conclude from what they have seen elsewhere that having a focal point has helped combined authorities to establish themselves in the public mind. Perhaps it does mean that Ministers go to the Mayors, but so what? I would sooner have Ministers going to the Mayor of South Yorkshire than not coming at all, which was probably the case before.

I have some further caveats, because the Bill does not go far enough to address those fundamental inequalities. I will pick up on the point of the hon. Member for Carlisle (John Stevenson). I remember that, in his time on the Select Committee, we discussed such issues and basically agreed, and I agreed with him today. He said that the Government have a “gradualist approach” and that we have a “patchwork” that lacks clarity, and he is right.

We do not have a framework for devolution that covers the whole country so that we can see where the powers are going to sit. The Select Committee has asked for that and recently asked for it again. I challenged the then Minister, the hon. Member for Harborough (Neil O’Brien), when he came to give evidence to the Select Committee on why we could not see the operation of the subsidiarity that people used to argue for when we were in the European Union—the idea that things should be done at a local level unless there is a good reason for doing them at a national level. He said, “Oh that was a bit radical.” Well, it is a bit radical but it is probably right, and I hope that we can get to that position eventually or at least move towards it.

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[Dehenna Davison]

The hon. Member will be pleased to know that I have a note to return to that in a moment.

My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) raised some important points. We will come to many of their amendments on the second day of Report, when they will have an opportunity to speak on them in more detail. That will be coming soon. Both Members highlighted the passion around high streets, which, as we all know across the House, are vital to the heart and soul of any community. I am grateful to them for raising new clause 34 on compulsory purchase orders. The measures already in the Bill put it beyond doubt that local authorities have the power to use compulsory purchase for regeneration processes, but we are modernising the process to make it faster and more efficient.

As I announced in Committee, we are going even further by asking the Law Commission to undertake a review and consolidation of the law on compulsory purchase and compensation, to make it more accessible and easier to understand. As part of that work, the Law Commission will review existing CPO enabling powers to ensure that they are fit for purpose, and will make recommendations where appropriate. I do not believe that the new clause is necessary; however, I put on the record my gratitude to both Members for the incredibly constructive way that they have engaged on not just this part of the Bill but all of it, particularly regarding planning and housing matters. My hon. Friend the Member for Isle of Wight said that I promised a visit. I am very much looking forward to visiting the Isle of Wight in due course.

[Mr Betts]

On the CPO powers, the Law Commission will not look at the valuations. Who will do that review work? Also, could the Minister set out very simply how the new arrangements will be simpler and quicker for local authorities to organise?

[Dehenna Davison]

One reason that we have asked the Law Commission to undertake the review is to ensure that we deliver in the most appropriate way, but I am happy to follow up separately with the hon. Member on hope value, because it is something that we will come to in the future.

The hon. Member for Westmorland and Lonsdale (Tim Farron) and I had a great time in Committee during the few days that I was there in my role as Minister. It was always incredibly good natured, and I thank him for that. He spoke on new clause 46, as did the hon. Member for North Shropshire (Helen Morgan), which is on business rates reform. As both hon. Members are no doubt aware, the Government recently conducted a business rates review, and the report was published at the time of the 2021 autumn Budget. A package of reforms announced then was worth £7 billion over five years. In the autumn statement incredibly recently, the Government went even further and announced a broad range of business rates measures worth an estimated additional £13.6 billion over the next five years, including freezing the multiplier. The Chancellor of the Exchequer also announced the extension of the retail, hospitality and leisure relief scheme, and a transitional relief scheme for the 2023 valuation.