English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateJames Cleverly
Main Page: James Cleverly (Conservative - Braintree)Department Debates - View all James Cleverly's debates with the Ministry of Housing, Communities and Local Government
(1 day, 7 hours ago)
Commons ChamberI call the shadow Secretary of State.
I will begin by recognising the work that has taken place in both Houses to try to improve this legislation, which is in many ways such a curate’s egg. It has faults and flaws that their lordships in the other place have worked towards improving, and I thank them for that work.
The Conservatives have been clear throughout the passage of the Bill that this is a centralising Bill. It takes decisions away from local communities and places them into the hands of Ministers, often without consent. We have already seen the consequences of this centralising of power and “Government know best” attitude. We have seen elections cancelled and then reinstated. We have seen the restructuring of local government imposed from the centre, driven by political considerations rather than the voice of the independent boundary commissions.
Local leaders are being presented with plans and told to comply. It is called a devolution Bill, but it is not devolution. We welcome the improvements to this Bill put forward by the Lords. The question before the House, however, remains simple: does this Bill empower local areas, or does it continue a pattern of centralised control? I will go through the Lords amendments in turn.
Lords amendment 36, which we support, would be an important and practical improvement to the Bill. It establishes the clear principle that brownfield land should be used first. That is just common sense. We want to get more houses built—of course we do—but we should start with land that has already been used rather than virgin land. The amendment protects communities while still enabling homes to be built with local approval and local consent.
My right hon. Friend makes a really important point. In the west midlands under the leadership of Andy Street, it was proven that we can regenerate brownfield sites—we have done it in the Walsall borough. The Government must be prepared, as we were when we were in government, to put in some funding to unlock those sites. It can be a win-win as we develop brownfield sites, regenerate our towns and cities, create the housing wanted by young people and old people, and protect the green belt and our green spaces for as long as we possibly can, allowing communities such as those I represent—600 people came out last weekend to protest against the Government’s measures—to enjoy the amenities of life that they currently do.
My right hon. Friend is absolutely right: this fundamentally betrays a lack of ambition from the Government. The Minister for Housing and Planning will know Kidbrooke in south-east London, which is a fantastic example of redeveloping previously developed land. Poor-quality post-second world war tower blocks have been redeveloped, with increased beauty and increased density, which is good for the local economy and good for the local society. The Bill does nothing to encourage more developments like that; it encourages developers to build cheap and awful in green fields around urban areas, which is the opposite of what should happen.
No. Let us talk about local consent. Lords amendment 98 addresses one of the central concerns with the Bill and would ensure that changes to local governance cannot simply be imposed from the centre. That matters, because devolution must be with the consent of local people and not imposed from Whitehall.
The Lords rightly scrutinises the role of mayoral commissioners, and Lords amendment 4 would strengthen transparency in their appointment. We have consistently argued that power must come with proper accountability. Following engagement with colleagues in the other place, the Government have published draft guidance on appointments and remuneration. That is welcome, but guidance is not the same as proper accountability, and there remains a real risk of expanding layers of expensive and unelected roles without sufficient scrutiny. We will continue to press for further and stronger safeguards.
On governance in London, Lords amendment 13 would make a targeted change to how decisions are taken on council tax requirement. As was said by my hon. Friend the Member for Bromley and Biggin Hill (Peter Fortune), who is sadly no longer in his place, it would lower the threshold for the London Assembly to amend those decisions, strengthening its ability to hold the mayor to account. That would be a step towards greater democratic accountability in London, and we support it.
While we support those improvements, concerns do remain. On Lords Amendment 42 and land disposal, we have been clear about the need for proper safeguards. We argued that any change in this area must be preceded by a full review. The Government promised a wider review of protections for public open spaces and that they would engage widely before recommending any changes. Yet those commitments have been watered down and suddenly, we discover that a proper consultation has become an internal review. That is why we have again tabled an amendment to require a proper review of open space availability before the powers are exercised.
I will, because I have a thing to say about the hon. Gentleman’s party.
Mr Kohler
Does the right hon. Gentleman agree that the Tories’ amendment (a) would do nothing and that it is actually just a tick-box exercise that would allow Lords amendment 42 to pass with the Minister just having to have regard to a report? Why did the Tory party not vote against the amendment? There are many that did not pass. Why did they not vote against this amendment from Lord Banner?
I completely disagree with the hon. Gentleman’s assessment. Had his party in the other place voted to keep the protections in, we would not be having this discussion at this Dispatch Box now. His party failed to do its work in the other place. I will not stand here and be lectured by his party, which failed to do its job.
The pattern is familiar. The Government centralise powers first and then consider accountability later. Some amendments before us represent sensible improvements and we will support them where they do. However, the underlying concern with the Bill remains. Devolution must trust local people in local areas. In so many ways, the Bill does not. Devolution only works when there is proper transparency in decision making and proper safeguards when powers are expanded. In many ways, this Bill does not have that. That is what we will continue to press for and that is why we will continue to hold this Labour Government to account. The Bill has serious consequences, it is still deficient, and we will support the Lords amendments that improve it.
Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
The implications of this legislation will be significant for communities across the country. It is therefore crucial that we get it right.
I pay tribute to Eamonn Boylan, who sadly passed away earlier this month—a pivotal figure for Greater Manchester’s devolution journey. During his time as chief executive of the combined authority, he understood that the more power we obtain, both regionally and locally, the more we can deliver. Eamonn certainly helped Greater Manchester to deliver, following the progress made by the likes of Sir Howard Bernstein and Sir Richard Leese.
We in Greater Manchester have been at the forefront of progress in this area and we have been focused on one thing: making tangible improvements to the lives of those who elect us. This Labour Government must be radical in their approach to devolution, bringing power closer to people and not hoarding it in this place, and we must future-proof this Government’s achievements from those who would seek to undermine and unravel our progress.
We need to ensure that the transfer of power to our communities is permanent. From adding culture as a devolved competence to strengthening restrictions on gambling premises, there is much to welcome in the amendments. Today I will cover the amendments related to private hire vehicles, both in terms of national standards and Lords amendments 55 to 62 on enforcement powers for drivers operating in other areas. I previously tabled an amendment on this matter, which I believe would have empowered mayoral strategic authorities to require private hire vehicle drivers to licence within their region. That would have brought licensing, enforcement and monitoring closer to home and forged stronger ties between drivers and the communities they serve.
I acknowledge the efforts of Baroness Pidgeon, who sought, as I did, to phase out out-of-area operations. I welcome the steps that the Government, in the form of Lords amendments, have taken towards enabling licensing authorities to take enforcement action against a PHV licensed out of area and to temporarily suspend licences.
I especially welcome the steps that these amendments take to improve information sharing between licensing authorities on the conduct of individual drivers. Although I support this step and the Government’s work on national standards, we must acknowledge that the system at large will still be characterised by out-of- area operations. I commend what the Government are seeking to do, but if we are to bring about better enforcement processes, we need to incentivise or perhaps mandate drivers to license locally and therefore disincentivise drivers from taking shortcuts to obtaining a licence hundreds of miles away from where they wish to operate.
Miatta Fahnbulleh
With the leave of the House, I will close what has been a considered and insightful debate. Many hard-working communities in this country have been neglected for far too long. They have seen good jobs disappear, their high streets decline, and the dream of a decent, affordable home fade. This Bill will do the job of empowering forgotten communities and restore local pride by making devolution the default setting. It will give our strategic authority mayors new powers over transport, planning, housing and regeneration, and help rebuild local government so that it can once again deliver strong local services that we all rely on. I thank all right hon. and hon. Members for their important contributions, and I will respond to some of them in the time left.
Again and again, the right hon. Member for Braintree (Sir James Cleverly) has accused the Government of this being a centralising Bill. Candidly, that is just not true. The Conservatives, who had an ad hoc and all-over-the-place approach to devolution over the last decade and a half, had the opportunity to fundamentally reset the relationship between national Government and local government, and they chose not to do so. We are acting where they did not act. We are doing the biggest transfer of power that we have seen in a generation—
Miatta Fahnbulleh
No, to our mayors, our local leaders and our communities. Not acknowledging that is quite simply churlish.
The right hon. Gentleman raised the key issue of scrutiny of commissioners and all the key decision makers at strategic authority level. We recognise and agree with that, which is why we have included amendments to introduce stronger local scrutiny committees with greater teeth, so that with greater responsibility comes an accountability framework to make sure that we hold decision makers to account on behalf of local people.
On the question of reviewing the protection of public spaces, I am the Minister responsible for green and public spaces, and I am absolutely committed to making sure that such assets are available to all our communities. We are committed to doing a review, and we are very clear that the powers that have been introduced with regard to statutory trusts will not be used until we have concluded that review.
The hon. Member for Guildford (Zöe Franklin) spoke to Lords amendment 2. Again, there is no agreement on policy. We are very clear that mayors have a responsibility to ensure that their rural communities are looked after and protected, and the reality of what we are seeing in places like North Yorkshire is that that is exactly what our mayors are doing. We do not believe that we need to put that on the face of the Bill, because it sits within each of the competencies that mayors will have to take on board. The guidance that sits alongside that, which points to good practice and the work that mayors have done, will be far more powerful in ensuring that this policy bites in the communities where we want it to bite.
Several Members spoke about the brownfield-first approach, and we agree with that policy. That is very clear in the national planning policy framework, which we have strengthened to ensure that it is the case. [Interruption.] No, I am not just saying it, because that is the policy, and the policy determines what happens in the planning framework. However, we are clear that is there is variability—[Interruption.] The shadow Secretary of State says we are centralising, but we say we should leave it to mayors and local authorities to deal with diversity in their particular circumstances, so that they are not caught in legal wrangling, but can make such choices. The policy is very clear: it is about putting brownfield first. Critically, unlike the last Government, we are investing to enable our councils and our mayors to remediate and regenerate such land, so that the policy can bite in the way it is supposed to.
On the question of the cabinet and leader model, I go back to the fact that we are doing this because we fundamentally care about creating strong local authorities that can deliver for their people. Some 80% of local authorities already have this model, and it is effective. We have already made the concession that, where alternatives such as the committee model or the mayoral model exist in particular places, they can see out their terms. However, we think it is right to move in the long term to a model that will serve local people.
The hon. Member for Guildford also talked about devolution being imposed. On the approach we have taken to strategic authorities—I ask the House to judge us by the way we are acting, not just by the words I say—we are incredibly clear that it is ultimately for local partnerships to come together, and Government will enable and pass devolution down to them. We are not imposing, and we are committed to not imposing.