Cities and Local Government Devolution Bill [Lords]

Dennis Skinner Excerpts

Monday 7th December 2015 Commons Chamber

[James Wharton]

The hon. Gentleman makes an important point. We want to see co-ordination, and there are already structures in place to deliver it and to ensure that different bodies work together to respond as efficiently and effectively as possible. From what I have seen happening in Cumbria and other areas over the weekend, a number of those bodies are working very hard to deliver for local communities. The hon. Gentleman puts an important point on the record. We absolutely want to see as much co-operation as possible, and we want to empower these public bodies to carry it out wherever possible. That underlies in many ways the purpose of devolution, so it is an apt time for the hon. Gentleman to put his comments on the record.

[Mr Dennis Skinner (Bolsover) (Lab)]

In the east midlands, there is the D2N2—Derby Derbyshire-Nottingham Nottinghamshire—which may or may not have a directly elected mayor. There is also the Sheffield city authority, which includes Barnsley, Rotherham, Doncaster and various other district councils in North Yorkshire and indeed in North Derbyshire. In the middle of all that, there is Hardwick Hall and various other major buildings. What I want to know, now that the Minister has said that there should be the greatest co-operation, is how that can happen between the Sheffield people who are anxious to take over large areas of North Derbyshire and D2N2, which is also part and parcel of the same area? My guess is that there will be many more situations like that in Tory shires. What is the Government’s policy?

[James Wharton]

Devolution is a bottom-up process; it is done by consensus. I know that the hon. Gentleman will have a significant opportunity further to discuss some of the relevant provisions today, but where we see bodies that have the capacity to co-operate, we want to empower them to do so. We want to give them the levers they need to deliver such things as better public services and economic development. The first step towards that is to confer the powers that the bodies will need to achieve it. What the amendments do is to start the process of empowering our national parks authorities so that they can not only contribute on flooding and resilience, but better the offer that they can make to the public to improve the work they already do so well.

New clause 7 confers new general powers on national park authorities in England, along similar lines to those conferred on, among others, fire and rescue authorities and integrated transport authorities in chapters 2 and 3 of part 1 of the Localism Act 2011. I should make it clear to Opposition Front Benchers that those general powers are intended to enable a national park to do more and to do it better; they are not a back door to fracking or shale gas development, and will not affect the approach that we intend to take in that regard.

In England, our nine national parks include some of the country’s finest landscapes, beautiful vistas and exciting wildlife. They are part of our national identity. National parks protect those landscapes for future generations so that we can all enjoy them. They are the cornerstone of many rural businesses. The new powers for national park authorities will allow an authority to act as an individual could—with certain limitations—in relation to its functions. For example, a functionally specific power of competence will allow a national park authority to act through a company, and will allow authorities to trade in a broader way than they currently can.

National park authorities have themselves asked for that power, because they consider that it will enable them to act in a more entrepreneurial and innovative way. For example, they consider that they will be in a better position to enter into partnerships to support growth across our rural economy. Jim Bailey, the chair of National Parks England, has said:

“We are pleased to see the Government introduce this amendment. This will help National Park authorities to maximise opportunities to fulfil our statutory purposes”.

The measure will allow national park authorities to participate fully in devolution deals—an example is Northumberland national park authority's request as part of the north-east devolution deal—and to seek additional sources of funding to assist further their work in supporting rural economies.

It is important to note that a power of competence does not override existing legislation. National park authorities will therefore be bound by their statutory purposes: conserving and enhancing the natural beauty, wildlife and cultural heritage of an area, and promoting opportunities for the understanding and enjoyment of the special qualities of the area. It is also important to note that the power will not be used by national park authorities as an opportunity to start charging for entry. As all but a very small percentage of land in national parks is owned privately rather than by the national park authorities, they could have no legal basis for charging.

Let me also make it clear that the new powers will not be used to encourage or permit too much, or inappropriate, development. National parks are designated under the National Parks and Access to the Countryside Act 1949 for their natural beauty and opportunities for open-air recreation. Under the Act, they have the two statutory purposes to which I have just referred. The statutory framework of protection and consents will remain unchanged, and, in using their new powers, the park authorities will not be able to promote or permit activities that are incompatible with those statutory purposes.

The powers given to the Secretary of State, by regulation, to restrict the use of powers by national park authorities in a particular way relate solely to the new clause, and not to their existing powers. Other than those concerning the furtherance of national park purposes, which are retained, the new powers replace the existing general powers of national park authorities under the Environment Act 1995. The new powers are considered more extensive, but the old ones are being repealed to avoid overlap.

Amendment 51 is a minor and technical amendment to schedule 5. It contains consequential amendments to section 65 of the Environment Act.

We are making these changes in response to effective representations that we have received from a number of Members, and from National Parks England and national park authorities. I hope that they will be broadly supported by Members on both sides of the House.

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[Mr Rees-Mogg]

I agree with my hon. Friend. Imposing structures does not give them legitimacy. What gives them legitimacy is that they should be built from the ground upwards. Fundamentally, that is a Conservative view of how Governments are constructed. I am talking about the little battalions coming together to do big things jointly, rather than a hierarchical system that says, “We know what’s best for you.” That is the approach of those on the Opposition Benches. The socialist approach, as it is now, once again, a Socialist party, is about telling people what to do and giving them the figures who do it. The Conservative evolutionary approach is to allow people to come together, each one of whom individually has legitimacy to do things. I absolutely accept his point that combined authorities have worked by consent and that they do not necessarily need super-mayors or metro mayors put on top of them. If that is done without referendums, we will be back here in 20 years’ time—[Interruption.] I very much hope that the hon. Member for Bolsover (Mr Skinner) is still here in 20 years’ time so that we can discuss these important matters.

[Mr Skinner]

I have got a better chance of surviving a long number of years if we keep the NHS out of the hon. Gentleman’s and Tory hands. Keep the NHS public, and I have a chance—I am taking a gamble here—of making it.

[Mr Rees-Mogg]

I do not think the Prime Minister had any intention of making me the Secretary of State for Health, but now that he has heard from the hon. Gentleman, I am sure that he will not.

We will return to the legitimacy of these changes if there are no referendums. Although the Government might well push the provisions through and order these mayors to be appointed, if there is not that validation through referendums the component parts of the super-areas will chafe. They will say, “We are paying taxes to pay for the centre of a city to which we have no real link. We would rather be run from Whitehall than by these funny people in a town hall with whom we have no real link.” The referendum lock follows the grain of the developing referendum theory of government in this country and will ensure that the process is more successful in the long run. In opposing the amendment, the Government are probably being short-termist.

I promised the hon. Member for Glasgow Central that I would come on to the amendment about first past the post and why I have put my name to it. I am very grateful that my hon. Friend the Member for Hazel Grove proposed it, and had he not done so I would have tabled my own amendment. I believe in first past the post as the fairest electoral system. I think that people get what they vote for rather than what they do not vote for. They get what they most like, not what they least dislike. The fundamental problem with proportional systems is that nobody gets what they want. Everybody gets something else, because the votes go off in all sorts of different directions.

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[Mr Chope]

It is interesting that the opposition leader on Poole unitary authority said he thought it was important that this issue should be dealt with by the people of Poole and that there should be a local referendum. That was pooh-poohed by the leaders of Poole and Bournemouth. My hon. Friend refers to leaders, but we must ensure that the leaders accurately reflect the wishes of local people. At present they have no plans properly to consult the people of Christchurch, East Dorset, Bournemouth or Poole. They are just rushing into some discussions. If those discussions are given the extra momentum that the Minister wants to give them by accepting amendment 56, they will create enormous anxiety among the people in my area.

Christchurch and East Dorset have recently had a local plan inquiry. They now have a new local plan, under which they are able to preserve most of the green belt in their area. My constituents are very jealous of the green belt. Why is it that Poole and Bournemouth want to get their hands on the land in East Dorset and in Christchurch? It is so that they can impose their planning policies on the green belt and expand outwards into our area. That is the perception of my constituents and that is why they are so concerned about it. Up until today, I have been able to say, “Don’t worry. That is never going to make any progress,” because I know for a fact that Dorset county council regards as anathema the idea that it should have two boroughs within its two-tier system taken away from it, because that would make Dorset county council less viable. I had assumed up until now that that would give Dorset county council a veto and therefore that none of these half-baked ideas would make any progress.

[Mr Skinner]

The situation is very difficult, and it is pretty clear that the Government are making decisions on the hoof. It is almost a fag packet job. I live in and represent an area that is involved in two of these structures. One of them is dominated by Sheffield and the four adjoining council areas of Barnsley, Rotherham and so on. That is now attracting the attention of at least three, maybe four, councils in north Derbyshire—Bolsover, Chesterfield, North East Derbyshire and possibly Derbyshire Dales. On top of that, there is the D2N2 power structure which covers Nottinghamshire and Derbyshire. It is time that the Minister got to his feet and explained precisely what will happen if Sheffield demands the powers that currently reside with Derbyshire County Council around transport and takes them away from the county. We have got two power structures both vying for the same thing. Although Dorset is complicated, this is even worse.

[Mr Chope]

I instinctively think that the hon. Gentleman is right. I say that not only because I have on my wall at home a picture of his constituency that was presented to me by his council when I was a junior local government Minister—a picture that I chose—but because I think that his experience means that he understands the complexity of these issues and their potential impact on ordinary people.

The Government can sometimes give the impression that they get rather intolerant of those us who want to raise issues such as this.

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[Mr Skinner]

Will the Minister give way?

[James Wharton]

I will give way when I touch on some of the points discussed earlier if the hon. Gentleman wants to comment at that stage.

As I have already spoken about new clause 1, I want to talk about new clause 5. It proposes that a commission be set up to consider devolving tax and fiscal powers to local level. I well know that the hon. Member for Nottingham North (Mr Allen) is an advocate of devolving power from central Government, so he will be familiar with the successive inquiries that have covered similar ground to what he proposes. I therefore do not think that a further inquiry into tax power devolution to local government would serve a particularly useful purpose at this time, although I recognise, as always, his consistency and eloquence in bringing such matters before the House. I hope that he will not press his new clause 5 when we reach the end of this group of amendments.

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[James Wharton]

The emphasis is absolutely on local agreement and consensus. There is no power to impose devolution structures on areas that do not want to be part of devolution. Indeed, the amendments will ensure that areas that do not want to be part of a deal are able to leave that combined authority should they wish to do so. The amendments give greater flexibility to existing combined authorities to implement devolution deals, and to build further on the flexibility of the enabling approach in the Bill.

On amendment 9 and amendments 11, 12, 14, 21, 22, 23, 24, 25, 27, 28, 29 and 50, they are designed to simplify and harmonise the Bill’s provisions relating to the consents needed locally before powers can be conferred or exercised. We have tabled them in response to issues raised during earlier stages of consideration of the Bill in the House. They will standardise the provisions, so that the default position would require the constituent authorities and the combined authority to consent before secondary legislation is made. An exception is that for the dissolution of a combined authority, the consent of a majority of the constituent local authorities is required before such an order can be made. This simply retains the status quo.

I will now speak to amendments 27, 32, 33, 52 and 53, which further increase flexibility within the Bill’s provisions to enable combined authorities to be established and functions conferred. We are bringing them forward in response to our discussions in Committee, where some hon. Members outlined particular challenges in their areas. As is clear, the amendments do not in themselves change any combined authority in any place, but provide the flexibility to allow agreements to be made and delivered.

[Mr Skinner]

The Minister will know I have already referred to the fact that there are two different contending authorities or joint authorities in our area. One is Derbyshire and Nottingham, D2N2, and the other is Sheffield and Barnsley. There are several unitary district councils associated with that bid. Sheffield may want to take highways and transport from Derbyshire County Council. The unitary authorities of Bolsover, North East Derbyshire, Derbyshire Dales and Chesterfield are all involved with that county council in relation to social services and various other matters. We therefore need an assurance from the Minister—I know he has just been talking to the Secretary of State—that makes it clear that for Derbyshire County Council the circumstances, in electoral processes or in any other way, will not change. Is it yes or no?

[James Wharton]

I think the assurance I can give the hon. Gentleman is that what is done will proceed by consensus. We will look to talk to local areas about the different deals they want. The temptation in debates on Bills such as this is to look at the individual deals in individual areas. The Bill will enable us to have maximum flexibility to respond to local demand and local desire for devolution to deliver deals that will stand the test of time. I am unable to talk in detail in this particular forum, given the amendments and new clauses we are discussing, on what is proposed specifically in individual areas or the hon. Gentleman’s concerns, but I would be very happy to meet him to discuss any particular issues he wants to raise. I can assure him that the intention is to find consensus and build on it to deliver the devolution agenda.

[James Wharton]

My hon. Friend has discussed with me outside this Chamber some of the issues of interest to him in his area, for which he is an effective advocate. I can absolutely assure him that the intention is to find consensus and the right solutions for each area. We need flexibility in the Bill to deliver that. Where there are real concerns, far from being ignored they will very much be heard and acted on. I know some of the issues he raises in relation to his area. I am happy, as always, to meet him and his colleagues to discuss them as things progress, but there is no desire to do anything to areas—indeed, quite the opposite. This is about areas asking for things that we can then deliver. The Bill will give us the flexibility to deliver them.

[Mr Skinner]

Will the Minister give way?

[James Wharton]

I need to make progress as I am very conscious of the time.

I thank hon. Members for tabling amendment 59 relating to the Localism Act 2011. The amendment would not only impose a requirement to publish a report on the performance of the Act but require the Secretary of State to undertake a review of the general power of competence in relation to its use by combined authorities. The amendment is not necessary.