Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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Before I call the next speaker, I remind Members to address their comments to the business in front of the House, which is the remaining stages of the English Devolution and Community Empowerment Bill.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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I support several new clauses and amendments to the Bill, but, frankly, I am fundamentally opposed to the changes it would impose on our constituents. That is why amendments 104 to 106 are so important, as well as new clause 1, which is due to be discussed tomorrow.

Before strategic authorities or any other new bodies are created, the amendments would ensure that local people have the power to decide the future in their area. In Committee, the Minister for Devolution used some very creative language to ensure that councils were not being forced into reorganisation. The Minister spoke of “inviting councils” and “having a conversation” with residents, but that is doublespeak. If the Government really wanted to give councils and local people a proper say, they would pass these amendments, but I fear they will not. That refusal strikes at the heart of the contradiction of devolution.

There have been lots of warm words from the Government about giving people a stake in the place where they live and in their life and transferring power out of Westminster. But this Bill, and what we are already seeing in the priority areas, keeps real decisions with Ministers and civil servants in Whitehall. In Surrey, which has already been mentioned by the hon. Member for Guildford (Zöe Franklin), we have seen the Secretary of State decree at the stroke of a pen that there will be two new unitary authorities, probably with a strategic authority on top of that, rather than three unitaries, which most councils have supported.

For all the talk from this Labour Government about a bottom-up process, it is clear that no matter what existing councils decide following extensive public consultations such as we have had in Hertfordshire, new local government structures will be whatever best suits the Minister and civil servants in Whitehall.

Paul Holmes Portrait Paul Holmes
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My hon. Friend made a number of excellent contributions in Bill Committee. Is he concerned, as I am, that the Minister consistently said that there would be consultation and that this would be up to local people and councillors, but at every stage the backstop was mentioned and the Minister said that this would go ahead anyway? There is no choice in this reorganisation. Does he agree that the Government need to look again and listen to local people who disagree with what is happening to their councils, and who know their areas best?

Lewis Cocking Portrait Lewis Cocking
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I thank my hon. Friend for all the work he has done on the Floor of the House putting forward our case on where the Government have got it wrong on devolution. He raised an important point about the Government having instructed local councils to come up with proposals for devolution and unitarisation. There has been no choice in that, as I know from speaking to my fantastic councillors at Broxbourne council, which is Conservative led under Councillor Corina Gander. She does not want to reorganise, does not want devolution and does not want it forced on the areas that she and I represent. When I go out on the doorstep, no one has ever said to me, “You know what, Lewis? This is what we need to do in our area—we need to reorganise. We need to have an elected mayor, a strategic authority and a new massive unitary council representing up to half a million people.” No one has ever raised that with me on the doorstep, and it just goes to show that this Government are not listening to the priorities of the British people.

Paul Holmes Portrait Paul Holmes
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I thank my hon. Friend for giving way once more; I hope he forgives me. Has the council leader he mentioned given that feedback to Government on the fact that they do not want reorganisation, and what answers were given to them?

Lewis Cocking Portrait Lewis Cocking
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The council leader has fed that back to Government and the answer has been, “Tough—get on with it. This is what we are doing, and this is what we propose to happen. You have to come up with a proposal that you think works in your area, regardless of whether you want to do it.” I have spoken to many councils and council leaders across the country, and that is the message they have given us loud and clear, and that is the message I have received locally from my local council leader.

Danny Beales Portrait Danny Beales (Uxbridge and South Ruislip) (Lab)
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The hon. Member talks about people in his community not wanting the measures in the Bill. I do not know about his constituents, but my constituents often talk to me about the many abandoned shops on the high street, and there are measures to tackle that in this Bill through the community powers, right to buy and the rent review powers. My constituents are frustrated about the lack of economic growth over the last 14 years and the lack of house building over a number of years. Again, there are a number of measures in the Bill to tackle those issues. Is it not true that the issues that people care about are directly addressed by the additional powers that local areas will have from the Bill?

Lewis Cocking Portrait Lewis Cocking
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I can take the hon. Member to my constituency if he wants to see a pro-growth local council that has delivered a local plan and delivered housing. What has held us back is the fact that we do not have the infrastructure in place because of that. We have been punished; we have been a good local council and met our housing targets, yet this Labour Government are forcing more housing on us with no powers to get the infrastructure that people need.

My constituency borders London, and when the Bill came out, my constituents said to me on the doorstep, “I do not want to be part of the Greater London area and to be under the Mayor of London”. We have seen the disastrous effect that devolution has had on London, and my constituents definitely do not want to be a part of that. I gently push back on the hon. Member that I do not agree with his analogy of the current state of play. If the Government really wanted to empower councils—I stray a tiny bit away from the topic—to help them improve town centres and create economic growth, they could give powers to the councils we already have. They could get on and do that tomorrow, rather than waiting for this Bill to go through the House, with all the amendments the Government put down, because this Bill is clearly not ready to receive Royal Assent. We tabled a number of amendments in Committee. It just shows that the Government have got this wrong and should go back to the drawing board.

Danny Beales Portrait Danny Beales
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Will the hon. Member give way?

Lewis Cocking Portrait Lewis Cocking
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One more time, and then I will make progress.

Danny Beales Portrait Danny Beales
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I thank the hon. Member for his generosity and am happy to take him up on his offer to visit his constituency, have a drink and discuss local issues. He is welcome to come to my constituency, too.

I listened carefully to the 20-minute speech of the shadow Minister, the hon. Member for Hamble Valley (Paul Holmes), but did not hear many proposals for the functions of devolution—the powers that could be given and the extra devolution empowerment that could take place. I heard a lot about the form of devolution—whether the county or regional mayor structures are right, for example. It is no wonder that we failed to grasp the issue of devolution and community empowerment in the previous 14 years, given that the Conservative party is still so obsessed by the form of devolution rather than by its function, which is to give away power and empower communities.

Lewis Cocking Portrait Lewis Cocking
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I do not think that the Bill does that. It enables Ministers to force councils to reorganise. It keeps power in Whitehall. It does not devolve powers to councils. I have mentioned a number of times in questions to the Ministry of Housing, Communities and Local Government that my council is crying out for more powers over the houses in multiple occupation that are affecting our town centre. As I said in Committee, a tiny part of the Bill is good and deals with the licensing of e-scooters. We all know what a scourge e-scooters represent across our constituencies up and down the country. That is the tiny good thing in the Bill, but the Government do not need a Bill to do that; they could legislate very quickly to give councils the powers to deal with that issue. Instead, we have to wait for months on end to solve a small issue through this Bill.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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Does my hon. Friend understand why my Isle of Wight constituents reject the idea of a new mayor being imposed upon them under the name of “Hampshire and Solent”, with the Isle of Wight name disappearing? My constituents do not live in the Solent. Indeed, nobody lives in the Solent other than fish.

Lewis Cocking Portrait Lewis Cocking
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My hon. Friend is a passionate advocate for his constituents. We had a long discussion about that issue in Committee. I completely agree that “Isle of Wight” should be in the name of that combined mayoral authority. The Isle of Wight has a good local identity. It is important, when we create these new strategic authorities, that we take local people with us. We will not take the people of the Isle of Wight with us if we do not include such a significant community in the name of that combined authority.

Lewis Cocking Portrait Lewis Cocking
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As he is a Hampshire MP, I will give way to the shadow Minister.

Paul Holmes Portrait Paul Holmes
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I thank my hon. Friend for giving way once again. My hon. Friend the Member for Isle of Wight East (Joe Robertson) will be pleased to note that we raised that matter in Committee, but our arguments were resisted by the Government.

In relation to the assertion of the hon. Member for Uxbridge and South Ruislip (Danny Beales) that we are not concerned about the functions of devolution, does my hon. Friend the Member for Broxbourne (Lewis Cocking) recall that we pressed a number of amendments, including on the devolution of transport regulations—powers that the Bill does not hand down to mayors—but they were resisted by the Government? That assertion is just not correct, is it?

Lewis Cocking Portrait Lewis Cocking
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I agree. We tabled a number of constructive amendments in Committee, and we worked across parties, with Members of all stripes, to improve the Bill and get these powers out into the community, where they can best be used. As my hon. Friend quite rightly points out, the Government would not even listen to logical arguments about how the Bill could empower local communities. As I have said, “community empowerment” might be in the Bill’s name, but it is not what is in the Bill.

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Meg Hillier Portrait Dame Meg Hillier
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I thank the hon. Member, who is making some interesting points. On his point about a referendum, the balance of numbers in a villages-versus-conurbation vote means that there might well be an obvious outcome to such a referendum. We have seen really good work in devolution in Greater Manchester. Previously disconnected towns and villages—terrible for young people trying to get to education and for people trying to get to work—have benefited from improved transport, thanks to a desire to see the region as part of an overall whole without damaging the character of those towns and villages.

Lewis Cocking Portrait Lewis Cocking
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The hon. Lady makes an interesting point with which I have great sympathy. We have to try to take different communities together, but we should not compare the rural county of Hertfordshire with a significant number of large towns that are not interlinked naturally by roads and railways or by people’s jobs. Lots of my constituents work in London and would never, or hardly ever, make the journey of about an hour along the A414 to Watford or Hemel Hempstead. The situation is very different. I can understand how devolution works when there is a single city centre and why in some respects it works in our towns and city regions where there is a single space, but I do not understand how it will work in practice when there are a number of towns all of the same size.

Allison Gardner Portrait Dr Gardner
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In Staffordshire, which is quite rural—I have Stoke-on-Trent city centre in my constituency—we have that shared interlinking, and it is very important to the development of north Staffordshire. Staffordshire Moorlands council has shared services with High Peak in Derbyshire. Much of Stoke-on-Trent city council service provision is in the neighbouring town of Newcastle-under-Lyme, and likewise with Stafford borough, which uses Cannock Chase services. Shared and interlinked services exist in rural areas and can work together.

Lewis Cocking Portrait Lewis Cocking
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I was talking about the physical aspects of the transport currently in place, and the transport in Hertfordshire makes it very difficult for such interlinking services. The hon. Lady makes an interesting point around shared services of councils. The Government have said on a number of occasions that they have brought forward this community empowerment Bill and devolution in order to make councils more efficient and save loads of money. I do not believe it will save lots of money, for the reasons the hon. Lady has rightly pointed out: many councils already have those shared services. There are lots of councils with shared planning departments or shared audit, and indeed combined authorities also have shared back-office functions.

Paul Holmes Portrait Paul Holmes
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One of the other issues we were concerned about on the Bill Committee was the fact that the Government have not given any indication of what will be happening with debt in the context of local government reform. Does my hon. Friend agree that that adds to uncertainty in the progress of this Bill and does not give any certainty to local government leaders?

Lewis Cocking Portrait Lewis Cocking
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I completely agree with my hon. Friend. The Government must come forward on that, as we are yet to hear solutions for councils with large amounts of debt. Councils are being forced into reorganisation and to have conversations about who they want to be joined with, but some of them have no choice, because it is a matter of geography, and sometimes they might not be able to join with the partners with which they have strategic and shared services.

In summary—

Joe Robertson Portrait Joe Robertson
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Will my hon. Friend give way?

Lewis Cocking Portrait Lewis Cocking
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I will not take any more interventions, as I have been more than generous—

Lewis Cocking Portrait Lewis Cocking
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Oh, go on then; I will take one more intervention.

Joe Robertson Portrait Joe Robertson
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My hon. Friend is very kind to give way, perhaps with a little pressure from more senior Members sitting just in front of him. He poses the question of whether there is a combined area where all the unified communities link well together. Sadly, I can give an example of a forthcoming area where they do not: Hampshire and the Isle of Wight. The only link between the Isle of Wight and Hampshire is through the ferry companies which are entirely privatised, unregulated and controlled by private equity groups. This was the perfect opportunity for the Government to ensure that fare regulation was given to the mayor, so the mayor had that strategic transport authority across the whole area, but the Government have so far failed to do that, which is why I brought forward an amendment that I will speak to later. Does my hon. Friend have a view on this missed opportunity to bring ferry companies within the regulatory framework of, say, rail and buses, which is perfectly consensual among parties in this country?

Lewis Cocking Portrait Lewis Cocking
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I thank my hon. Friend for that intervention. I signed his amendment, as that issue is important. It goes back to what I said at the beginning of this debate: the Bill is not ready to go any further. The Government should have thought about this. The amendment is logical and seeks to achieve what the Government want to achieve on, for example, buses; it seeks to achieve lots of the same things around other strategic transport and other active travel routes, so it should be in the Bill. It has cross-party support from both Members representing the Isle of Wight, and goes back to the cross-party working on the Bill Committee, where we put forward logical amendments that seek to benefit the strategic authority that the Government want to create in Hampshire and the Isle of Wight. The new mayor who is elected for that authority is going to have one hand tied behind their back, because he or she will not have the powers to join those communities together and really create the economic growth.

I am against the principle of what the Government are trying to do in this Bill; just because they have “community empowerment” written at the top of the Bill does not mean that it will empower local communities, and I urge the Government to think again.

Danny Beales Portrait Danny Beales
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I welcome the English Devolution and Community Empowerment Bill that the House is considering again this evening. I must make a confession: I was not on the Bill Committee. It sounds like I missed out, according to some of the descriptions of the fun that was had. It is not the first time I have heard that a Bill Committee was such an enjoyable cross-party affair.

Many of us across the House had extensive experience in local government prior to entering this place—I had 10 years’ experience of local government in a London borough—and will all have seen the fantastic role that local government can play, connecting communities, responding to concerns, and understanding, often before national Government, emerging economic and social issues that require action and a response. However, as well as seeing that potential, those of us who served in local government will often have seen it held back and felt frustration at communities lacking powers and often funding to respond to social and economic challenges.

Our country differs greatly: local areas and communities are not all the same and they face different challenges. My Uxbridge and South Ruislip constituency in Hillingdon in west London is very different from the constituencies of and challenges faced by many other hon. Members. It is right that cities, areas and regions of our country have the ability and the powers, and the funding when necessary, to respond to those issues.

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Danny Beales Portrait Danny Beales
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I respectfully disagree. One of the challenges of having one of the most centralised decision-making systems in the world is that we have to decide, in this House, how we give power away and devolve it. To be frank, while hopefully being respectful, we hear a lot from the Conservatives about the desire to empower communities, but their record speaks for itself. The last Labour Government set up the first mayoral authorities, including the Mayor of London and the London Assembly, and devolution to our nations, which has been built on over the years. With this Bill, we are taking another step forward on devolution. The Conservatives talk a good game on this issue, but they had 14 years to act.

Lewis Cocking Portrait Lewis Cocking
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The last Labour Government, which was elected in 1997, established devolution and moved powers away from Westminster under the premise of a referendum result. However, this Labour Government are choosing not to undertake such a referendum. Which does the hon. Gentleman support: having a referendum or not having a referendum?

Danny Beales Portrait Danny Beales
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The hon. Gentleman did not respond to my offer to come to his constituency for a drink, but he would be welcome in Uxbridge and South Ruislip at any time. It is a lovely place, with many fantastic options for drinks. I do not agree with the Conservatives that every structural change to local government requires a full referendum of current or potential constituents. As far as I am aware, no one voted for the establishment of the current London borough arrangements, or the county council arrangement. Apart from some less positive ones at a national level, I do not remember many referendums undertaken or proposed by the Conservatives about devolution or structural changes to our political system, so I do not agree with the hon. Gentleman. There are different ways of consulting residents and engaging with communities.

Lewis Cocking Portrait Lewis Cocking
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The hon. Gentleman says that the Conservatives did not have referendums on structural political changes, but we did have a referendum to change the voting system; I voted against a change. That is a prime example of the Conservatives seeking the consent of the British people for a political change.

Danny Beales Portrait Danny Beales
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I also voted against, in the alternative vote referendum, so we are united in our agreement on that.

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Danny Beales Portrait Danny Beales
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That is an excellent point well put. Far too often, we see these trends emerging at a local level. We see a new industry using new technology, and we will be tearing our hair out trying to respond with our limited and restricted powers. We try to come up with creative ways around the system to do that and traditionally bang on the door of Government to try to make changes to legislation—as we all know, that can take a long time—while communities struggle with the impacts. This right is an excellent provision in the Bill that will enable Government to work smarter, quicker and more collaboratively with local communities.

Let me turn to the issue of licensing reform, which is also proposed in the amendments before us. London’s hospitality and cultural life is at the very heart of our economy. It is a huge industry and has driven a great deal of creativity and growth throughout our history. Our hospitality, culture and nightlife sectors are critical to the capital’s success and national economic growth, with London’s hospitality industry alone generating £46 billion annually and accounting for one in 10 jobs in the city. Those jobs are right across all our constituencies, in London and the UK too. I have had offers to visit great pubs in the Isle of Wight and in other places, which I look forward to doing.

However, these vital industries are under increasing pressure from rising costs and outdated systems, including our licensing system, which can be inconsistent, lack transparency and be overly weighted towards objections. That is why I welcome Government new clause 44 and Government new schedule 2, which will allow the Mayor of London to set strategic licensing policy that local licensing authorities must take into account when making licensing decisions and setting their own policies.

Lewis Cocking Portrait Lewis Cocking
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Does the hon. Member support my proposal that councils, particularly local district councils that currently have planning powers, need more powers over the licensing of houses in multiple occupation? They cause terrible antisocial behaviour issues and parking issues right across the country, and we need more powers to stop HMOs where they are not wanted. What are his views on giving local powers to councils to stop HMOs?

Danny Beales Portrait Danny Beales
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HMOs are an increasing challenge in all our constituencies—certainly in my own—and they are a symptom of the broken housing market. The fact that people can make so much money from subdividing family homes and selling out rooms—they are even subdividing rooms and making thousands of pounds—is a symptom of 14 years of failure to deliver the homes we need.

I welcome the Government’s measures to address the root cause of the problem, but in immediately responding to those concerns I agree with the hon. Member for Broxbourne (Lewis Cocking) that we must take more steps to regulate the HMO sector. Councils have some powers—my own council is reluctantly and eventually getting around to consulting on those proposals after many months—but we need to enable councils to go further and act faster and not have to consult as quickly, or at least to speed things up by allowing shadow licensing conditions before or while consulting.

Draft Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2025

Lewis Cocking Excerpts
Wednesday 12th November 2025

(2 weeks, 2 days ago)

General Committees
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Matthew Pennycook Portrait Matthew Pennycook
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I thank the shadow Minister and the Liberal Democrat spokesman for that series of points and questions, to which I will do my best to respond—I note that some of them stray outside of my departmental responsibilities. We are talking specifically about putting in place necessary changes to the planning regime to allow formal requests to be made for data centres to be considered under section 35. Other things, such as the spatial plans that the Liberal Democrat spokesman just mentioned, are matters for the Department for Energy Security and Net Zero, and the NPS is obviously a matter for Department for Science, Innovation and Technology. However, I will make sure that the relevant Ministers are made aware of the comments of the hon. Members.

I will start by responding to the points made about the draft NPS. That NPS is still in development and testing. Given the time that it may take to comply with the statutory requirements for designation of a new national policy statement, it was considered appropriate in this instance to lay the draft SI in advance. As I made clear, we intend to publish the NPS in draft form near the time at which this SI will come into force. The laying of the SI last month gives an indication to the sector—and the Government think that this is important—and to prospective data centre applicants at a very early stage in their development, who may be interested in using this route, that we are moving forward on delivering against the commitment we made last December. It also recognises the importance that we give to the delivery of data infrastructure more generally.

DSIT aims to publish the draft NPS after these amending regulations come into force, so it is possible that it will be published before any requests for a data centre to be directed into the NSIP consenting regime either come forward or need to be decided. That would mean that the draft NPS would be considered as an important and relevant matter in the decision-making process for any data centre project that is subsequently directed to proceed through the NSIP regime.

The shadow Minister mentioned the changes that we are making through the Planning and Infrastructure Bill. We will have a significant amount of time tomorrow to discuss amendments to that Bill. As the shadow Minister will know—and as the Opposition Whip, the hon. Member for Ruislip, Northwood and Pinner will know, having been involved in scrutinising the Bill in Committee—we intend to publish pre-application guidance on what developers that want to submit a development consent order through the NSIP route should do. The consultation on the scope and design of our proposed guidance closed on 27 October. The responses to that consultation will inform the development of the guidance.

Applicants will be expected to use engagement to deliver high-quality applications. There will still be an expectation of high-quality, early, meaningful, and constructive engagement and consultation to take place with those affected, but we do believe—we had extensive arguments about this in the Bill Committee—that we need to move away from the rigid statutory requirements to this more flexible, guidance-led approach, which will improve flexibility for applicants to take into account community views and to respond appropriately to get the better outcomes. As we have discussed and as I have said many times, the current system is having a number of perverse outcomes that are not leading to beneficial results for that industry.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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I should declare that I have a data centre in my constituency under construction. It went through the normal planning route. Will the Minister confirm to the Committee that if someone wants a data centre to go through the nationally significant infrastructure project regime, the local planning authority and local people will still be able to have a say on the application?

Matthew Pennycook Portrait Matthew Pennycook
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That is a fair question and the hon. Gentleman pre-empts the next point that I was going to make, specifically about local accountability. This is important. The NSIP consenting process provides substantial opportunity for interested parties, including local communities and local authorities, to have their say on proposals going through that process.

Under the Planning Act 2008, local authorities are invited to submit a local impact report giving details of the likely impact of the proposed development on their area, which the Secretary of State must have regard to when deciding the application. The examination process, which all NSIP applicants need to go through, provides the opportunity for local communities, interested parties and statutory bodies to make representations and for them to be considered by the examining authority in examination of the application and in the subsequent report that will be made to the Secretary of State for a decision on whether to grant development consent.

Property Service Charges

Lewis Cocking Excerpts
Thursday 30th October 2025

(4 weeks, 1 day ago)

Commons Chamber
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Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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I commend my hon. Friend the Member for Reigate (Rebecca Paul) for securing this important debate. I understand more than most the issues with property service charges, because I am a leaseholder where I live in Hoddesdon. A quarter of my constituents live in flats or maisonettes, and 25% of property transactions in Broxbourne last year involved leasehold properties, but shockingly, as we have heard, it is hard to find any leaseholder who has a good word to say about their landlord or their service charge.

Landlords and solicitors do not provide enough information to new residents, and far too often prospective residents are not properly informed before they move in about how much service charges have increased in previous years. They are then hit with huge rises down the line. It is also unclear where the money is going.

A resident in Waltham Cross told me:

“The service charge has skyrocketed from around £800 to £6,000 for each leaseholder, yet living conditions remain extremely dire. Residents here face ongoing issues including trespassers, mould, broken security doors, mice infestations and squatters. Our building also has several defects, including weak floors, fire safety issues, and ongoing leakages. At one point my flat became uninhabitable after a severe leak that took months to resolve”.

I hear these stories again and again from constituents who come to me as the contact of last resort after months and sometimes years of neglect to their property. In that case I met the management company involved, RMG, earlier this year, but nothing has changed. Whether it is RMG, FirstPort, Bamptons, EN8 Homes or Warwick Estates, leaseholders deserve better from their landlords and management companies, who focus purely on collecting ever higher charges for worse services.

However, by far the worst treatment of leaseholders in my constituency has been at the hands of—I hope the Minister is listening to this point—Labour-run Enfield council. I was first contacted by residents on the Whitefield estate in May last year, and what I heard left me outraged. Completely out of the blue, Enfield council was demanding up to £50,000 from each leaseholder for “urgent” repairs. Roofs that had never had a leak were earmarked to be replaced, and windows would be fixed, even though they had been used for years without issue. Understandably, my residents immediately asked, “What about my service charge?” Well, as the Leasehold Advisory Service says, many landlords collect money out of the service charge for a sinking fund, to help cover the cost of exactly these kinds of major works. But not Enfield council. No, it expects my constituents to stump up all the cash, even after raising the service charge that year and, as far as the residents are concerned, having not spent a single penny on the estate in decades.

The Whitefield estate tenants association, and in particular leaseholder Nicky McCabe, have worked incredibly hard to bring the community together in response to this issue. They simply demanded straightforward answers to straightforward questions, but they were met with confusing statements from Enfield council representatives, who found it far too easy to say, “That’s not my job.” I attended the meeting. There were a number of directors from Enfield council there, all of whom earn significant sums of money, and they could not answer basic questions from my constituents about how much they would have to pay, and what was going to change on the estate. The communication was shocking. My constituents’ fight is still ongoing, and they have my full support.

Andrew Snowden Portrait Mr Andrew Snowden (Fylde) (Con)
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I am sure that many Members have attended meetings with groups of residents who, in trying to resolve issues that are causing them so much anxiety, are at their wits’ end. We have an example in Fylde that is actually pre the management company. An estate has been developed, but it flooded during the construction and twice since, and now the estate company is desperate to get it into a management company, and to transfer all the flood risk liability to that company. Does my hon. Friend agree that kind of thing will just cause further problems down the line?

Lewis Cocking Portrait Lewis Cocking
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I agree with my hon. Friend, who makes an excellent point in standing up for his constituents. This is an important point. All MPs across the House have probably attended such meetings, and these companies are unable to answer the most basic questions. They are paid considerable amounts of money, and they cannot answer simple questions from constituents about how much money they will have to pay, where the liability sits, and what work they are going to do.

Meg Hillier Portrait Dame Meg Hillier
- Hansard - - - Excerpts

I do not know the case the hon. Gentleman is talking about, but I agree that good communication is important. However, it was his Government, under Margaret Thatcher, who introduced the right to buy. That means we have leaseholders mixed with council tenants, so where a council has to improve a property, it needs to go to the leaseholders for their share of the costs. There was always going to be a tension there, and he must acknowledge that that will be a reality where we have pepper-potted estates—notwithstanding that he obviously needs to fight for proper information for his constituents.

Lewis Cocking Portrait Lewis Cocking
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I fully support the right to buy, which was a good policy—[Interruption.] I am just stating that it was a good policy and I supported that. The hon. Lady makes an interesting point about communication, which must be there. As I have mentioned, Enfield council does not collect a sinking fund, which can go some way towards mitigating some of the issues, as she and I have raised, with leaseholders being asked to stump up for large bills. We need more transparency and better regulation, and we must ensure—here I agree with hon. Members across the Chamber—that councils adopt outside amenity spaces.

We need real improvements in the way that leaseholders are treated. Abolishing ground rent is a good first step and the Government need to get on with delivering that. I also agree that commonhold must be more widespread, but is by no means a silver bullet or right for everyone. I urge the Government to get on with it, improve the lives of hundreds of my constituents, and urgently implement more of the Leasehold and Freehold Reform Act 2024. We must get on with those improvements and help hundreds of our constituents.

None Portrait Several hon. Members rose—
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English Devolution and Community Empowerment Bill (Twelfth sitting)

Lewis Cocking Excerpts
Our judgment is that, after over a decade of funding, there is already sufficient infrastructure. We made the decision in the spending review that we would not commission new neighbourhood planning support services beyond 2025. We recognise that particular communities are concerned about whether they will have the resources to develop neighbourhood plans well, and we will continue to engage with local authorities and the sector to ensure that there is innovation so that support can be provided more efficiently and at lower cost for neighbourhoods that want to undertake this.
Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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What does the Minister say to parishes such as my own, Hertford Heath, that do not have any more funding to support the delivery of their neighbourhood plan? They are all run by volunteers, they do not have very many houses to collect a precept from and they do not have very many staff. What does she say about that environment? They are trying to be proactive with a plan and choose where they want development, so that they are not at the mercy of developers who want to build all over the green fields. What does she say to parishes that are working really hard to do the right thing by the Government and by their local community, without any funding to go with that?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Both the last Government and this Government have invested huge amounts in building the infrastructure. In the end, Governments have to make a judgment about where we put our funding and finances. We know that is difficult for particular communities, but we think there is sufficient infrastructure and sufficient people with expertise in neighbourhood planning. We will continue to work with them on how they innovate to provide a service for particular parishes.

The hon. Member for Hamble Valley is forcing me to labour the point that, because of the absolute mess that the Conservatives left us with after years of austerity, we are having to make tough judgments about what we can fund and invest in. It is not where we want to be, but that is the reality we have to confront. We had to make choices in the spending review; we are investing more in affordable housing, and in supporting our communities with homelessness. We think that those choices were right, and ultimately we had to make a judgment about prioritisation. We are committed to working with the sector to ensure that it can innovate and continue supporting neighbourhoods.

English Devolution and Community Empowerment Bill (Ninth sitting)

Lewis Cocking Excerpts
Siân Berry Portrait Siân Berry
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Having been a local councillor, I can see the other side of the Government’s argument. A local councillor based further away, representing a larger ward, will have to work very hard to maintain the face-to-face interaction with their community that makes residents feel represented. I do not believe the Government have really considered that. No matter how hard-working councillors are—even at Green levels of all-year-round hard work—residents will have less familiarity with who their local councillors are and what they do, which may increase alienation from local democracy and feed populist narratives.

The hon. Member for Hamble Valley made this point well, but I have to complain that, unlike the new strategic authorities, which are about devolving power, forced and hurried local government reorganisation was not in the Labour manifesto, so I must oppose the clause.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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It is a pleasure to serve under your chairmanship, Dame Siobhain. I agree with much of what has been said already. This clause goes to the very heart of the Bill and highlights why it is bad.

I led Broxbourne council, a district council, and was a county councillor on an authority that represented 1.2 million people, so I can say from experience that bigger does not always mean better. I wish other Committee members had been elected to councils so that they could have had that experience. I only wish that it worked in the ways that Labour Members have described, and that it were so easy to get things done in large authorities. From my experience of serving on a large county authority, I know that councillors are more removed from the residents they serve. Those authorities are very officer led, and it is very difficult to get things done. At the end of the day, it is the residents who fall out from that.

District councils have planning powers, the best way to transform lives. I fear for what will happen to planning services when we have big new unitary authorities of 500,000 or 400,000 people. Those services will be far removed from the people the councillors are making decisions for.

Mike Reader Portrait Mike Reader (Northampton South) (Lab)
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There has been a lot of conjecture about what could happen. I am from an area that has a unitary, because the Conservatives bankrupted the county council. Has the hon. Gentleman spoken to people who have unitaries in order to fix some of his ideas in some sort of foundation? It is great to hear people’s ideas, but let us ground them in reality.

Lewis Cocking Portrait Lewis Cocking
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When I go out to speak to people in Broxbourne, they are completely against this—they do not want it. They fear a large council. I have spoken to many councillors, and my reflection is that things depend on the size of the unitary. For those serving in a smaller unitary, people tend to be happier with the council and the services it delivers, but I am yet to find people—in particular, back benchers on a large unitary council—who feel engaged and motivated, with residents respecting that. However, the hon. Gentleman will have different experiences in his constituency.

I do not think unitarisation is a good idea. I have a lot of experience in local government, and it will cost people more in council tax where councils go through unitarisation and districts are forced to merge. My district, Broxbourne, has the lowest parish council tax in the country, so whatever happens through the proposed reorganisation, the good residents of Broxbourne will pay more in their council tax bills, probably for fewer services. Simply going through the reorganisation does not mean that we will see better services.

We are told constantly that councils have been underfunded and that services will improve, but no one can show me a council that has been through reorganisation that is awash with money. I have not spoken to one council that has been through reorganisation that has said, “Do you know what? We have been through a reorganisation. We have made loads of savings and we have become more efficient.”

In actual fact, all the councils that I have looked into that have gone through reorganisation have set up delivery mechanisms and organigrams of staffs and departments based on the old district boundaries. They all have area planning committees that all have to be costed and so on. A number of reports include farcical figures claiming that an area will save millions and millions from going through the reorganisation, because of redundancies, and better and joined-up services.

Let me tell the Committee this: many district councils already have joined-up services and have already gone through that process. Some services, such as human resources, are shared with upper-tier authorities, while others such as waste collection are shared across multiple authorities. The councils have already made lots of those savings, which are already baked into their district budgets and so on. I am yet to see any concrete figures for how much money reorganisation will save.

Paul Holmes Portrait Paul Holmes
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My hon. Friend, as an experienced local government leader, is making a very good speech. Many Government Back Benchers groaned when he spoke about the Government saying that better services would be delivered through the reorganisation. He outlined councils that have been reorganised, where services have not improved. The Government claim that austerity over the previous 14 years was the problem. Has he seen any policy proposition from the Government to suggest that local authority funding will get better, and that therefore councils will improve their services, if they go through the reorganisation?

Lewis Cocking Portrait Lewis Cocking
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No, I have not. My authorities have lost out and are no better off under the Government proposals. In particular, rural authorities lose out even more. I have already touched on the fact that millions of people across this country will pay more in council tax.

We are also always told that we have to hit the figure of 500,000, which is the most efficient number and when we get all the savings. If that figure is so important, however, why are we not reorganising London? A number of unitary councils in London do not meet, or come anywhere near, the half a million mark. I suspect the reason why we are not reorganising London is that the Government do not want to upset thousands of Labour councillors. The reason we are reorganising the rest of the country is that the elected representation for the Government party in those councils is probably not where they want it to be.

We are always told that about half a million is the perfect sweet spot—where we get the best services and will be really joined up and so on—but that works only for one part of the country. In the rest of the country, where there are loads of examples of councils that face difficult financial challenges and yet have low population compared with the figures that the Government want, those areas are not being reorganised at all.

Paul Holmes Portrait Paul Holmes
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In talking about London not being reorganised, my hon. Friend makes what I might describe as a cynical but correct supposition that that is slightly related to the party political colours of the councils elected in London. Does he share my concern—the Minister might call me cynical—that 90% of rural councillors being abolished through this reorganisation also reeks of party political gerrymandering? Most of those councillors are Conservative, so there will be much more Labour representation in local government as a whole.

Lewis Cocking Portrait Lewis Cocking
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I could not agree more. I think that is true, and it is an important reason why the Government are focusing on certain parts of the country and not others. If it were true that all councils have to be of a similar size to get the best services and save the most money, and the evidence supported that claim, then surely what is good for one part of the country should be good for all the country. The Government should be representing everyone in the United Kingdom, not just certain parts. They are rather worried about taking on their own councillors.

Mike Reader Portrait Mike Reader
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I have some evidence on this point: under reorganisation, we actually lost Labour councillors. As the council came together, there were more Conservatives post reorganisation than before, so I am not sure about the hon. Gentleman’s evidence base for his suggestion that this is gerrymandering by the Labour party.

Lewis Cocking Portrait Lewis Cocking
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Not as many under this proposal. The Government do not have a mandate for this. They said lots of things in their manifesto about what they would and would not do, but they have done lots of things that were not in their manifesto, which is really damaging for democracy.

The Government should be asking local people what they want, as I am sure we all do when we go out and speak to our constituents. I have two district councils in my constituency, Broxbourne and East Hertfordshire, and not one person has told me, “Do you know what we need to solve lots of the our problems and day-to-day challenges? We need to reorganise the council. We need a bigger authority. We need to be further removed from it.” This policy does not stack up, and it has been rushed.

Andrew Cooper Portrait Andrew Cooper (Mid Cheshire) (Lab)
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I am fascinated by the hon. Gentleman’s argument. In many ways, it is the ultimate Conservative argument that the status quo is exactly right and exactly what we need. Has the hon. Gentleman done any research on public opinion of local government reorganisation in London in the 1960s, or the 1974 local government reorganisation in. I read a leading article in The Times from April 1974 in which there was a criticism of planning being at the district council level and highways being at the county council level, as that created problems between the two. Things change, do they not?

To suggest that the state of local government is optimal as we have it right now seems ridiculous to me. It is divorced from our experience, and many of us Government Members served as councillors. Surely we need to reorganise things so that they can run more efficiently.

Lewis Cocking Portrait Lewis Cocking
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I have served in the two-tier system and know it is not perfect, but nor is what the Government are proposing in the Bill. There are some unitary councils, such as Slough, that face really difficult financial challenges. Just having all the levers of two councils around the same table does not make for better service delivery. I served on a county council covering over 1.2 million people, and I have been in meetings to discuss where we should invest for roads infrastructure in places that I had never even been to. That is what will happen with these large-scale unitary councils, and there is evidence for that.

When councils go through a reorganisation, why do they set up service delivery arms based on the old district boundaries? Why do they set up area planning committees, if everywhere is interlinked? What we are failing to understand or consider is how we will do planning and place, and how we will bring our communities with us. There are loads of areas around the country— I can speak for Hertfordshire on this—that have several significant towns all of the same size, and lots of people do not travel between those towns. My constituency probably feels closer to London, which is where lots of people commute for work, rather than to the county town of Hertford, which is just 10 minutes up the road in a car, if I can get through the traffic. We are not thinking about how we create communities and place.

I fear for the democratic deficit; no one ever says to me in my constituency, “Lewis, you know what? We really feel like a part of Hertfordshire. We are on the edge of the county. We want a single unitary council. We want to go through that process. We are going to get better services because of that.” I do not believe that is the case. This is being forced upon local councils. They were told in the letter that they had to reply to it. The timescales are just astronomical. I have led a council, and I know that sometimes it is really difficult to get things done. The timescales for the rest of the country, outside the initial wave of the six plus Surrey, to be reorganised are astronomical.

We are not doing this in a sensible and pragmatic way, and mistakes will be made. At the end of day, we should think about how to set up local government that is fit for the future. We should try to take the best bits for that, not create large super-unitary councils. The Government want to build 1.5 million homes, but they also want to rip up the existing planning committee system and put councils through this reorganisation. That will take a lot of work.

I was leader of my authority in 2021, when we were nearly marched up the hill by the previous Government. Some have commented, “Why didn’t you speak up then?” but they can read my press releases from that time and see that I was against it then, so it is not a party political point. We need to do best by existing councils and the councillors who work day in, day out, for their residents. Making big strategic unitary authorities covering large geographical areas and hundreds of thousands of people, is not the best way to do that. The Government need to look again. If they think this is so popular locally, why not commit to having local referendums where reorganisation is proposed and letting local people have their say? The Government could hold their head high and say, “We let local people have their say. They have agreed with us,” or, “They have not agreed,” and go from there.

Paul Holmes Portrait Paul Holmes
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Government Members raised their eyebrows when my hon. Friend talked about local referendums. Does he remember that it was a stated policy of the last Labour Government to have referendums when they were looking at devolving to regional assemblies?

Lewis Cocking Portrait Lewis Cocking
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My hon. Friend makes an interesting point. It is interesting that the Government have moved away from that, particularly because I have not met one person who thinks that reorganisation into large unitary councils is a good idea.

If it is good for parts of the country, I hope that the Minister can explain why London and lots of the metropolitan boroughs in the north are not being compelled to reorganise. If this 500,000 figure is the sweet spot and the Government have loads of evidence to back that the claim that this will make services more efficient and put councils on a better financial footing, why is it good for only certain parts of the country, and not the whole country?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I thank hon. Members for their robust contributions. I will say a few things. First, we acknowledge that any process of change or reform is difficult. The Government do not underestimate the challenge of the process, but I come to why we are doing this. I made an intervention earlier to point out the state of local government that we inherited. Any one of us will know the huge pressures that local government are under. Fifteen years of austerity and rising demand has made local government increasingly unstable. The status quo is not tenable or sustainable. We have to do something systemic, because we have a systemic issue in local government.

Reforming and reorganising local government will deliver better services, because we can locate services at a level that works for residents. This is not reorganisation for reorganisation’s sake. It will be tough for our areas, but we are doing it because we are trying to ensure that local government services can work for their residents. It is about sustainability. We need to ensure that we have a model of local government that is fit for purpose and can be sustained in the future, because they provide absolutely vital services for residents. It would be completely reckless of this Government to see the state of play that we inherited and say, “We’re going to sit on our hands and not do anything.” That may be the Conservative way, but it is not the Labour way. We are clear that we have to help drive through a process of reform, and we are doing that because we want to ensure that local governments are fit for purpose to deliver those services for their residents.

There is a fundamental point about accountability and accessibility to residents. If we talk to any of our residents, they will say that they barely understand how local government works—who is responsible for what. Creating structures and systems that work, and that our communities can interact with and cohere with, is absolutely right.

We are very clear: this is not a one bullet solution. It absolutely is not. We know that local government reform needs to sit alongside other things that we are doing. We recognise the funding pressure that local government are under. That is why we boosted local government funding last year, and why we are delivering a real-terms increase to local government funding, despite the tough fiscal inheritance from the last Government. We are moving to multi-year budgets because we think that the system of year-by-year funding for local government is madness. We are making that reform. We are also moving towards consolidated budgets. Having lots of silos and funding streams has made it hard for local government to be strategic and to drive integrated services; we are reforming all of that. We are clear that this measure sits alongside all of that.

The final bit is our funding review. We understand that there are huge pockets of deprivation across the country—I come back to the Conservative party, which had a Prime Minister who boasted about the fact that he took money away from deprived areas to give it to affluent Tunbridge Wells. We will not do that. We are trying to recalibrate funding so that we can reduce deprivation and drive improvements across the country.

On the process—just to be clear and put it on record—we have not put a gun to any heads in councils; the Secretary of State has invited councils to put forward their proposals. Areas are now going through a process. The hon. Member for Hamble Valley talked about three proposals in his area; that is because we are making it bottom-up and saying, “Have a conversation about what model works best. We have a set of criteria to ensure that it is fit for purpose. Consult your residents and your stakeholders, and put that proposal to Government.” That is the process that we are undergoing at the moment.

English Devolution and Community Empowerment Bill (Tenth sitting)

Lewis Cocking Excerpts
Manuela Perteghella Portrait Manuela Perteghella (Stratford-on-Avon) (LD)
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I beg to move amendment 5, in schedule 24, page 246, line 27, after “government” insert —

“having particular regard to the need for the new single tier of local government, or new unitary council, to—

(a) be of an appropriate geographical size, giving consideration to—

(i) economic zones,

(ii) physical geography,

(iii) public service provision, including health, transport, and emergency services; and

(b) preserve community identity, cohesion and pride.”

This amendment mandates that the Secretary of State must have particular regard to certain criteria when creating or merging SAs to ensure their suitability in terms of economic, geographical, service, and community considerations.

In an earlier sitting, the Committee discussed amendment 25, which would have required the Secretary of State, when preparing a proposal for a new combined authority—something we oppose—to follow such a proposal with a statement explaining how it would affect the physical geography, community identity and the boundaries of other public services. Amendment 5 focuses on the need, when we look at local government reorganisation into a single tier of local government or unitary council, to bring communities together by preserving or creating a sense of space.

It is our view that, when merging tiers of local government to create a new unitary council, as part of the strategic authority process, particular regard should be given to the size of the area covered by the new authority, which we have obviously debated in depth, as well as the merger’s impact on community identity, heritage, cohesion and pride. After the passionate intervention of the hon. Member for Sittingbourne and Sheppey about the need to focus on the socioeconomic requirements of the geographical landscape and the connection of communities within his constituency, perhaps he will support the amendment.

Obviously, from a central Government perspective, we accept that reorganising an area may improve clarity, but it is crucial that the Bill delivers clear devolution benefits for communities. To do so, areas merged or otherwise must remain responsive to their communities, and they must continue to engage with those communities by carrying forward a shared identity or a sense of place in some form. It goes to what the hon. Member for Broxbourne said this morning about unifying communities in his area and reinforcing a sense of place. That is why the population figure of 500,000 must be just a benchmark—it must be flexible—and I know the Minister has already confirmed that.

We have already spoken about the existing boundaries of public service provision, including integrated care boards, local NHS areas and police and crime commissioner areas. To reiterate, however the reorganisation takes place, it must be responsive to the particularities of the area, not purely directive. It is that direction from Government that we oppose, and the amendment would mandate that, when deciding mergers, the Secretary of State considers these very important local characteristics that other Committee members have raised.

There is an intrinsic logic to the way in which those public service areas evolved to intersect and connect, and chopping them up just for the sake of numbers, without due regard to all these characteristics, is taking a significant risk with our public service delivery. For example, to narrow it down to one specific question, will our local NHS trusts and ICBs be brought along with plans to merge levels of local government, so that the staff in both the health services and the new unitary authority can keep effective working relationships and continue to provide high-quality services and care for their local populations? In conclusion, we think the amendment is important, especially in relation to the merger of authorities to form single-tier unitary councils, and we are minded to press it to a vote.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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I rise in support of amendment 5, spoken to by the hon. Member for Stratford-on-Avon. This is where the Government should have started. The amendment seeks to put place at the very heart of local government reorganisation, which the Government have missed. In coming up with the arbitrary target of half a million people or thereabouts, they have not thought about place and how communities connect with shared identities.

I have spoken in Committee before about Hertfordshire. Hertfordshire has a number of significant towns, all of relatively the same size and population, but there is very little interconnectivity between the towns, particularly on rail and road. Not many people move between those towns, and I fear the consequences of an arbitrary target of around half a million. I appreciate what the Minister has said about the flexibility of that target, but even setting a target of 300,000 people is not looking at what best serves communities; it is sitting in Whitehall, coming up with a figure, and saying, “This is what we want to push top-down throughout the country. This is what we need to do,” rather than saying to places, “We want to reorganise you. Please come up with appropriate examples of how you might best do that within your communities.” That is what the amendment speaks to.

We really need to think about place. If we want these new councils to be successful, they must have buy-in from local communities. Local communities must have a shared sense of identity and a shared sense of vision. We cannot lump places together that have hardly any connectivity—places that people do not travel between—because we would be setting up those councils to fail, and to have competing priorities for the towns they want and do not want to invest in. The amendment is logical, and it is disappointing that the Government did not start off in this place and give more flexibility to the top-down reorganisation they are forcing on large parts of England. If the hon. Member for Stratford-on-Avon wishes to push the amendment to a vote, the official Opposition shall support it.

Miatta Fahnbulleh Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
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It is a privilege to serve under your chairpersonship, Ms Vaz. I have a lot of sympathy for the sentiment behind the amendment, but we are already building in provisions to reflect the issues that the hon. Member for Stratford-on-Avon has raised.

The Local Government and Public Involvement in Health Act 2007 already provides that a direction for local government reorganisation can be issued only if the Secretary of State deems the proposal to be in the interests of effective and convenient local government. Having regard, therefore, to size, geography, public services and local identity is fundamentally embedded in the decision-making process. That is demonstrated by the statutory guidance and criteria shared with areas currently preparing for reorganisation. The hon. Lady is right to highlight those factors that matter for the sense of place, and therefore the boundaries of councils, and we think that the statutory guidance and safeguards fundamentally lock them into the process that we are going into.

On whether this process is top down or bottom up, let us look at it: we have invited places to go through a process of reform, and those places are now having conversations among themselves to come up with proposals. Those are not Government proposals; they are proposals from local areas. We are already allowing conversations to be had about what makes sense for those areas and how we take into account the specifics of identity and other issues in those proposals. Whatever proposal is chosen must be consulted on before it is implemented, which, again, is an opportunity for local people to have a conversation, and to have some say and voice in the process.

Although I appreciate the intent behind the amendment, we have legal provisions and, critically, have set out a process that fundamentally addresses the issues that the hon. Lady has raised. I therefore ask her to withdraw the amendment.

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Paul Holmes Portrait Paul Holmes
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There is an argument for accepting that, but I would ask in return why the Government are giving local councils the opportunity not to use newspapers. Why put that in the Bill rather than allow the status quo to continue while enabling local authorities to do it in other ways? Why are we bringing forward legislative changes that will harm our independent newspaper sector? I agree entirely with the hon. Gentleman about not making useless amendments or putting useless new clauses into legislation, so why is this measure in the Bill in the first place? That is why we feel that we have to amend the Bill to protect our local newspapers, the vulnerable people who use them and their engagement in the democratic process.

Lewis Cocking Portrait Lewis Cocking
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My hon. Friend is making an excellent and impassioned speech. Does he agree that all of us in this room should understand the importance of printed paper to get our message across, considering that during our election campaigns we deliver thousands of leaflets to get our messages out? Does he agree that we should support these amendments to make sure that councils still have the ability to connect with communities that are not digitally connected?

Paul Holmes Portrait Paul Holmes
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As you would expect, Ms Vaz, I entirely endorse my hon. Friend’s words. I suspect that if we took the motivation of this part of the Bill and told Labour Members that they could not put out any of their “Labour in touch” communications, or whatever they call them, they would be shouting from the barriers that they could not communicate with residents who are digitally challenged or not engaged in digital communications.

It is important that there are varied and diverse ways for our punters, if I can call them that, and our voters to find information and to engage in the process. I do not understand why the Minister is proposing to actively harm our local independent newspaper sector in a Bill that has admirable intentions and will radically change the face of local government, in some cases for the better, but in the majority of cases for the worse when it comes to accountability. We all see that press is becoming much more large scale and a lot less local through TV and media restructuring. I do not understand why the Government would put in such a retrograde step for independent local newspapers.

We support the amendments tabled by the hon. Member for Stratford-on-Avon. When the Committee comes to new clause 55, we will push it to a vote. I am not sure whether we are voting on the consequential amendments to new clause 55 today, but if we are, we will push those to a vote too.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The Bill sets out our clear ambition to embed communities at the heart of local decision making. This is about ensuring that decisions are shaped by those who know their communities best. Our ambition is that this will result in visible improvements in every neighbourhood across the country. Neighbourhood governance moves decision making closer to residents. It empowers communities to hold leaders accountable for their decisions and ensures that local priorities are understood and considered in the decision-making process. This will improve public trust in our councils, enhance our local democracy and ensure that our governance arrangements are rooted and working in the interest of our communities.

Turning to amendment 222, the policy intention is that only county councils, district councils and London borough councils will be subject to the duty to make arrangements for effective neighbourhood governance. As currently drafted, the Bill also includes parish and town councils, the Isles of Scilly and the City of London within scope of the provision. That is not the policy intention, and our amendment seeks to rectify it. We do not consider that town and parish councils should be subject to the duty, as it would be disproportionately burdensome.

Lewis Cocking Portrait Lewis Cocking
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Does the Minister include metropolitans and unitary councils in what she has just said?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Yes. This is purely putting in exemption for parish and town councils, the Isles of Scilly and the City of London corporation. That is because, in the instance of town and parish and councils and the Isles of Scilly, it would be disproportionate and extremely burdensome. Town and parish councils are already doing effective community engagement, and we will continue to support them to do that. At the heart of this is empowering our communities and creating structures that enable effective neighbourhood governance.

Amendment 222 agreed to.

Clause 58, as amended, ordered to stand part of the Bill.

Clause 59

Mayors and Police and Crime Commissioners: supplementary vote system

Question proposed, That the clause stand part of the Bill.

English Devolution and Community Empowerment Bill (Seventh sitting)

Lewis Cocking Excerpts
Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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We are talking about a mayoral CIL reset, but some local authorities will not introduce a CIL because they get far more out of section 106 negotiations. Will mayors be able to take part in 106 negotiations if they do not bring in their own CIL? If not, why not?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Ultimately section 106 will remain with local authorities. I hope that the process of developing a strategic spatial plan means that the mayor and constituent authorities have already had the conversation about housing development and critical infrastructure that needs to sit alongside it, and how that will be well funded. The CIL is a complementary tool that will sit alongside section 106 and other tools that sit with the local authority but, critically, all should be working toward a collective plan for the area that they have all fed into and engaged with. If that plan is done well, there will be consensus across the piece.

Although I completely appreciate the intentions behind new clause 1—to promote consistency and best practice in how the CIL is administered—they are already achieved under existing legislation and statutory guidance. Regulation already includes provisions for correcting errors in CIL charges, including by issuing revised liability notices and demand notices. There are also clear routes of review and appeal, initially to the local authority itself, but also to the Valuation Office Agency in certain cases, and to the Planning Inspectorate. Those are well established, effective safeguards that are used where developers believe that an error has been made. In addition, the Planning Act 2008 allows a Secretary of State to give guidance to charging authorities or other public authorities about any matter connected with CIL, and the authority must have regard to that guidance. For those reasons, I hope that the hon. Member will feel able to withdraw the amendment.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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They are doing different things. The local plan is a strategic document. It is not the spatial development plan that will be the key driver for planning decisions. As is the case now, it is absolutely right that the relevant authority making the decision on planning has regard to local nature recovery strategies.

Lewis Cocking Portrait Lewis Cocking
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What happens if one plan says one thing and another plan says another? The Minister just said that the strategic spatial framework would take precedence, but what happens if the local plan from the local planning authority has policies that contradict or do not align with the strategic plan?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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That is why we have the planning process. We will come on to talk about the strategic spatial plan. That is a document that will have to be done in consultation with constituent authorities. It will focus on strategic infrastructure and development that is needed in the area. Ultimately, we hope that that process will be done through consensus. When it is not, and when there is a dispute between the constituent local authority and the strategic authority in the round, we have said that that will go to the Secretary of State to make a determination through the independent Planning Inspectorate. The planning process already has provisions for us to mitigate that instance.

We have discussed the land use framework in Committee before. We have consulted on it and will publish the response to the consultation in due course. Although the principle of ensuring alignment across the piece is the right one, we think that before we have a tangible framework that is live and has been tested, it is premature to put a requirement in legislation that we would need to have regard to the land use framework.

English Devolution and Community Empowerment Bill (Sixth sitting)

Lewis Cocking Excerpts
Siân Berry Portrait Siân Berry
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It is specifically on schedule 5, so I will bob during that debate, Chair.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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I rise in support of amendment 300, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner. It is important that we bring in more powers to tackle this issue. When I was leader of Broxbourne council, about six years ago, we were asked whether we wanted to be a trial area for e-scooters—we said no, thank goodness. My constituency is right next door to London, and we have had a number of issues with people parking on the outskirts of London and taking the vehicles out of where they are licensed. Walking around London—not just the Palace of Westminster, but the wider community—we see large problems with hundreds of scooters all in the same place, which I suspect are very popular locations for pick-up and drop-off.

We need more powers for local authorities to tackle the issue. I mentioned earlier that many of councils will want this power now, rather than having to wait for mayoral combined authorities to be set up. Amendment 300 would be important in holding these companies to account. They are getting away with far too much at the moment and it is putting people off walking, especially if someone is pushing a buggy or is disabled. There are lots of issues. I am sure there will be cross-party support, as we have all seen this problem when out and about. We really need to regulate this. I am not always in favour of more regulation, but the companies could have done much more without legislation and have failed to, so it is time for stricter regulation. The amendment would be important in solving some of these issues.

Question put, That the amendment be made.

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David Simmonds Portrait David Simmonds
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Mindful of your invitation to repeat my earlier remarks, Ms Vaz, I am none the less going to risk your displeasure by refraining from doing so.

Lewis Cocking Portrait Lewis Cocking
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I am in favour of the two amendments in the name of my hon. Friend the shadow Minister. I have served on a district council and a county council. Some of the powers to do with highways will sit with the constituent authorities and some will sit with the mayor, so we could end up in a scenario in which a person is elected as mayor with one thing in their manifesto, a council is elected on another manifesto and the two things contradict each other. I was leader of Broxbourne council, and we have the A10 going through the entirety of my constituency. That was not a priority for Hertfordshire county council, which had some highways authority powers over it, and that caused a lot of tensions about where we were going to have growth and where the investment was going to go.

English Devolution and Community Empowerment Bill (Fifth sitting)

Lewis Cocking Excerpts
Siân Berry Portrait Siân Berry (Brighton Pavilion) (Green)
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It is a pleasure to serve under your chairmanship, Mr Stuart—my huge apologies for arriving late to proceedings.

I want principally to talk about new clause 19, in my name, which sets out a duty on mayors to establish a citizens assembly. It would place on the mayor of a strategic authority a duty to convene, within the first year of their election and at least once annually after that, a citizens assembly consisting of local people. There would be an additional non-legally binding duty to take account of the recommendations of the citizens assembly. The new clause defines the term “citizens assembly”, and its account of the method of selection and the need to be representative of the local community are taken from descriptions of citizens assemblies that have already been commissioned by Parliament, including on climate change.

A lot needs to be done to the Bill to help it live up to its title. There is a real need for this kind of empowerment.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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In a certain way, the citizens assembly is the electorate, and there is an election for mayors. Why does the hon. Lady feel the need for more engagement and more citizens assemblies, when there is a ballot and a free and fair election?

Siân Berry Portrait Siân Berry
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I take the hon. Member’s intervention in good spirit. I will talk about the ability of a standing citizens assembly not simply to react—even voting, at the end of a mayor’s term, is a reactive act—but to consider and make proposals. Mechanisms for getting ground-up proposals from the local community are lacking in the Bill.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We are clear that the duty to collaborate will include a wide range of partners. We are going through a process of engaging with and consulting mayors to make sure that in secondary legislation we fully reflect the sorts of partner they want around the table. We believe that trade unions should have a place at the table. We are taking a set of actions to empower trade unions, because we think it is the right thing to do for our economy, so it is important that we include them within the duty to collaborate.

Lewis Cocking Portrait Lewis Cocking
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The Minister has said previously, “We want to empower local communities,” “We want mayors to have freedom,” and, “We want mayors to have choice,” but in this case she is prescribing which organisations should be around the table. How do those two opinions meet? In some cases, she is saying she wants mayors to have the freedom and the choice to drive local communities, but in this case, she is prescribing organisations that should be at the table.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We will specify in secondary legislation the range of local partners, based on feedback from mayors. Again, this is not compulsion; we think it is really important that civic organisations, local leaders and the mayoral strategic authority engage with organised labour. That is part of the economic model that we think is right, because it means we have the voice of organised labour around the table, driving outcomes on behalf of workers. I know the Conservative party struggles with that, because the idea of empowering workers is a bit of a strain for them, but Labour is very clear. We are building a model that ensures we have the voice and representation of labour alongside businesses and our civic leaders, driving change in the economy for working people.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The clause gives the Secretary of State the ability to empower local authorities to license on-street micromobility services, such as dockless cycle schemes, operating in their areas. The market for those services is currently unregulated. Operators do not have to get permission for services, and local leaders are limited in their ability to address antisocial behaviour and poor parking. We have all seen the issues created by rental e-bikes obstructing pavements. It is apparent in my constituency, and I know that other hon. Members will have it in theirs. The Government remain committed to keeping streets safe, and the clause will tackle this directly.

Local leaders have been vocal about their need for more powers to ensure that schemes work for their communities. We want more shared cycle schemes across the country, and ensuring that local leaders have the powers to manage them properly will be key to delivering sustainable, long-term growth of these services. The industry is also keen to see regulation, but the patchwork system is creating burdens on business and holding back growth and investment in the sector.

Lewis Cocking Portrait Lewis Cocking
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This is one of the good clauses in the Bill, but I would like the Minister to clarify this. A number of authorities want this power now to combat the issues she just spoke about, so where strategic authorities do not exist, is there any way for even county authorities to get those powers, if the Bill receives Royal Assent?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The clause gives the ability to empower local authorities.

Lewis Cocking Portrait Lewis Cocking
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In that sense, if an authority wants one now but is not on the devolution priority programme and does not have a strategic authority coming, will it be able to get those powers upon Royal Assent?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Yes. Where a local transport authority exists, the power will essentially be conferred on it.

We will discuss the detail of the regulatory framework when we come to schedule 5. I commend the clause to the Committee.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Schedule 5

Providers of micromobility vehicles

English Devolution and Community Empowerment Bill (Fourth sitting)

Lewis Cocking Excerpts
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The hon. Member made the point about the scrutiny of commissioners, which is a fair and valid point, and my hon. Friend the Member for North West Cambridgeshire made the point about flexibility in different contexts, particularly for smaller strategic authorities. We have come at this in such a way as to allow local areas as much flexibility as possible, but these are valid points about making sure that the model is flexible enough to respond to specific contexts. We will provide further detail in statutory guidance on the selection and appointment of commissioners, as well as other operational matters that the combined authority or combined county authority will need to consider, and we will take some of the points that have been raised as we do that in due course.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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The Minister talks about our scrutiny committees being able to recommend the termination of commissioners. Has she given any thought to their involvement in the appointment of commissioners? For example, currently, those appointed as deputy police and crime commissioners have to appear before the police and crime panel, which makes a recommendation to the police and crime commissioner about their suitability for the role. Has the Minister given any thought to how scrutiny committees can get involved before someone takes on the commissioner role, rather than waiting to see if they are good or not and then making a recommendation to the mayor?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We have done this through the constituent members of the combined authority, so that before an appointment can be made, the full combined authority will need to agree to that appointment. We think that provides sufficient safeguards and the ability to scrutinise; however, the point about how we ensure ongoing scrutiny of the work being done and the performance by more than the mayor and the combined authority is a fair point, and we will take it away.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Yes, I will answer that question. There is a contradiction in the hon. Member’s position. He has spent much of today talking about the need for us to take a more local approach and to give local leaders and communities control, yet he is talking about restricting that very power. Everything that the strategic authority and mayoral combined authority will do will have to operate within the prudential framework. There are robust mechanisms to ensure that all their financial mechanisms adhere to the standards that we expect across local government and national Government.

The shadow Minister gave the example of Greater Manchester. That was a combination of a grant—a lot of devolved areas have an investment fund—borrowing and precepting. That is what we would expect for big capital projects. My experience suggests that mayors across the country have the aptitude and ability to make the right economic decisions on how they balance investment in things that will unlock the economic potential of their areas. We should trust them to do so, as the hon. Member has been saying all day.

Lewis Cocking Portrait Lewis Cocking
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Will the Minister give way?

None Portrait The Chair
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Have you finished, Minister?