Cotswold District Council: Solar Farms

Kemi Badenoch Excerpts

Wednesday 27th April 2022 Commons Chamber

[The Minister for Levelling Up Communities (Kemi Badenoch)]

I start by congratulating my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) on securing a debate on this important topic. Borrowing rules for local authorities may not be the sort of thing that generate many column inches in the newspapers, but they really matter to the day-to-day workings of local government. In many ways, these rules are the guard rails that help to govern decisions around the investment of public funds, which is why it is vital that hon. Members have as much clarity and transparency as possible on what councils can and cannot do, as well as having the opportunity to challenge and raise instances of what they perceive to be misallocation of funds.

My hon. Friend is a tireless campaigner on behalf of his constituents and I applaud him for bringing the issue to the House today for discussion. First, he asked whether the borrowing in question was within the lending rules of the Public Works Loan Board. Under Public Works Loan Board guidance, a project for service delivery includes education, highways and transport, social care, public health, culture, environmental and regulatory services; police, fire and rescue; and central services. I can confirm that projects related to climate change are included in that.

I make it clear that the Government understand that although borrowing is necessary to deliver local priorities, it does carry risk, so it is important that it is done sensibly to keep local authorities’ finances sustainable. My hon. Friend will no doubt be aware that in recent years, a small minority of local authorities have taken excessive and unnecessary risks with taxpayers’ money. Those risks have backfired. That has been all too visible in the high-profile cases of councils that have become too indebted or have made substantial investments in projects that have ultimately proved too risky or too large.

On my hon Friend’s points about the scale of the borrowing that Cotswold District Council intends to do in comparison with its annual income, it goes without saying that disproportionate levels of debt expose councils to financial risk. It is not just the size of the debt that can create issues; some authorities invest in novel activities outside their areas of experience or expertise, which can lead to financial loss when the investment is mismanaged. My hon. Friend will remember what happened with Robin Hood Energy, Bristol Energy and Together Energy. While councils are sometimes very well meaning in trying to tackle important issues such as achieving net zero, we cannot forget that the energy market can be volatile, and councils need to be sure that they are getting the right advice when proceeding with such investments.

That is not to say that local authorities should not undertake borrowing. I want to make it clear that the Government recognise that commercial investments can be necessary and appropriate when made sensibly. Sensible investment can play an important role in helping us to power forward on issues that are central to the Government’s agenda, be they levelling up, net zero or building the homes that the country needs.

On my hon Friend’s point that the Government should stop Cotswold District Council borrowing this money, as he will be aware, councils have responsibility for setting out capital strategies for their area, and they will be held accountable by their communities. Local leaders should understand local issues and prioritise accordingly; it is the Government’s expectation that they should be able to make decisions that reflect the needs of their communities.

In making these decisions, every local authority has a duty to comply with the prudential framework by making sure that its plans are prudent, affordable and sustainable. As my hon. Friend highlighted, taxpayers should not have to foot the bill for preventable mistakes. The Government will, of course, step in where there is clear evidence that local authorities are not complying with their legal duties or acting in the best interests of their taxpayers.

Our focus, as my hon. Friend might expect, is on making sure that we have a system that is genuinely fit for purpose.

[Sir Geoffrey Clifton-Brown]

Will my hon. Friend confirm that the guidance to the Public Works Loan Board has recently been changed so that no investment that is made purely to increase return is allowed? Will she also confirm that any application to the PWLB will have to be accompanied by a statement including a minimum loan guarantee repayment, so that it is crystal clear to everybody in the Cotswold district how these loans will be repaid?

[Kemi Badenoch]

I can confirm that my hon. Friend is correct on the first point. The council cannot invest purely for profit, but because its investment has a net zero element, it would qualify under the guidance. However, it remains to be seen exactly how the proposal will manifest itself. I cannot confirm the second point at the Dispatch Box, but I will get officials to write to him formally with a comprehensive answer. He is absolutely right to raise the point that there is guidance out there that should ensure that councils invest prudently.

In July 2021, we set out what might be called a multi-pronged approach to supporting our role as steward of local investments by improving local decision making and capability, and by developing proportionate tools for intervention, when that might be needed. We continue to work with the sector to implement our proposals and keep the system under continuous review.

I turn to my hon. Friend’s point that the council lacks the experience to successfully manage the programme. To be clear, when local authorities make decisions to borrow to invest in areas such as solar farms, it is important that they have the relevant expertise in the market, and that they have the governance in place to challenge the parties and people running the projects if they are being mismanaged or appear to be falling behind schedule. The council will need to satisfy itself, taxpayers and the electorate that it has the necessary expertise to manage complex projects without exposing itself to excessive risk.

[Sir Geoffrey Clifton-Brown]

I am grateful to the Minister for giving way again; she has been generous. Considering that there is more than adequate private finance to fund these solar farms, is it right that a local authority should invest in such a risky venture?

[Kemi Badenoch]

I thank my hon. Friend for that point. He is right that the Government should not be competing too much with the private sector, but it is not for me to determine what a council should or should not do. Councils are elected and have mandates, but they must be responsible in spending taxpayers’ money. We do not want, as a corollary of that, the Government intervening too much in councils’ decisions. We have empowered councils to do the right thing and, as I said, we expect them to satisfy themselves and taxpayers that they have the necessary expertise to manage complex projects and not expose themselves to excessive risk. We would expect any council to comply with good practice guidance from not just the PWLB but organisations such as the Chartered Institute for Public Finance and Accountancy, and to take on board lessons learned from other authorities. We want to support local authorities in investing responsibly. In March—my hon. Friend may not be aware of this—we commissioned a review of the governance and capability of local authority investment and borrowing, and that review will report later this year.

I thank my hon. Friend for bringing the issue to the House, and for raising this case. It is important that local authorities remain financially sustainable, and the Government take that seriously. If he would like to raise any further points, I will be happy to write to him with further details. Members from across the House care about local accountability and protecting taxpayers’ interests. I am sure that Members will agree that that needs to be achieved in the right way, and that local authorities’ spending needs to be sustainable and not beyond their means.

Question put and agreed to.