Cities and Local Government Devolution Bill [Lords]

Liz McInnes Excerpts

Monday 7th December 2015 Commons Chamber

[James Wharton]

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

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

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

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

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

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

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

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

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

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

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

[Liz McInnes (Heywood and Middleton) (Lab)]

Our national parks are precious national assets. Millions of people use and enjoy them every year. They are areas of protected countryside that everyone can visit, and where people live, work, and shape the landscape. We have 15 national parks: 10 in England, three in Wales and two in Scotland.

In his autumn statement, the Chancellor included devolution to national park authorities in England, allowing them to lend, invest, trade, and set up co-operatives with businesses. That is legally known as the general power of competence. However, we know what is driving this change: cuts made by this Government. Since 2010, national park authorities in England have suffered cuts of up to 40% in their Government funding. Indeed, Northumberland national park is already renting out its spare office space—vacated by staff who have lost their jobs—where an enterprise hub has been set up.

New clause 7 would amend the Environment Act 1995 to provide English national park authorities with general powers to do anything they consider appropriate in carrying out their functional purposes. The new general powers in proposed new section 65A are similar to those conferred on other authorities by chapter 1 of part 1 of the Localism Act 2011. The new clause only applies to English national park authorities.

Proposed new section 65B limits the scope of the general power of competence in several respects. It does not allow English national parks to borrow money or charge a person for anything they do other than for a commercial purpose. That immediately raises concerns. The coalition Government’s attempt to privatise our forests was met with a public outcry. That plan was rightly defeated. This Government have attempted to open up our national parks to fracking, again causing a great deal of concern among the public, who value our precious national assets and have no wish to see them opened up to commercial ventures in that manner. We need strong assurances that the character of our national parks will be protected and that such important national institutions are maintained for the benefit of the public. We need a cast-iron assurance from the Government that fracking is not going to be allowed in our national parks.

We need more details on Government funding of national parks. We need more details on what the national parks are actually planning to do with the new powers. We cannot allow the commercialisation of our national parks by the back door. The future governance and accountability of our English national parks is an absolutely massive issue, which deserves proper debate. It does not belong here, in the Cities and Local Government Devolution Bill, inserted at the eleventh hour with no time for the weighty issues raised to have a proper discussion.

[Robert Neill (Bromley and Chislehurst) (Con)]

Given that national parks are local authorities for these purposes, will the hon. Lady reflect upon the complete and deeply misleading red herring that she raises? After all, the fracking matter has nothing to do with the role of local authorities of any kind—national parks or otherwise —in relation to a general power of competence. Should she not welcome the ability of national parks to enter into joint agreements, for example with their district and county councils, which is precisely what this provision is aimed at? She is actually setting up a complete Aunt Sally in this matter.

[Liz McInnes]

Red herrings, Aunt Sallies: I am merely expressing the unsuitability of the new clause in application to this Bill. It has been brought in at the eleventh hour with the minimum of notice. It raises huge issues. I do not think the general public would agree with the hon. Gentleman that the worry about fracking in our national parks is a red herring. I certainly got a lot of correspondence about it when the Government were talking about it a few weeks ago, and I think we need a proper debate.

[James Wharton]

I do not know whether I could be clearer on this: the debate around fracking is perhaps for another day, but let me be absolutely clear that these clauses will not be a back door to fracking. They do not affect the issue of fracking with regard to national parks. I would also add very clearly that this is something that has been asked for by national parks. I would be interested if the hon. Lady could tell the House how many national park authorities she has spoken to before coming to oppose the new clause and amendment.

[Liz McInnes]

The Minister makes an important point. The Government have not given us time to respond correctly. I have not spoken to any national park authorities because the Government have not given us time to consult properly on this matter. No reference had been made to the new clause before now. Today the Bill’s Third Reading debate will take place, and the new clause has been slipped in at the eleventh hour. The Minister is being disingenuous if he seriously expects us to have been able to do a thorough consultation with all the national park authorities in England. If that is his approach, he is trying to set us up to fail. We value our national parks, and we want to ensure that we have a proper debate on their future. That is what we are asking for here.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

As the MP for the Northumberland national park, may I say to the hon. Lady that this issue has been ongoing for many months? The powers of competence that are dealt with more widely elsewhere in the Bill have been the cause of enormous concern to the national parks as they have tried to get themselves into the arena of discussion. It is a huge credit to the Minister that he has come up to the north-east and spoken to those in North Yorkshire and to some of my colleagues at the national park in Northumberland to ascertain just how important the new clause—which is just an extension of those general powers of competence—will be. I hope that the hon. Lady will talk to the national parks, because they are absolutely passionate about having this freedom to get on and expand what they do.

[Liz McInnes]

I am sure that, like me, the hon. Lady does not agree with the cuts that have been made to the Northumberland national park authority. I am sure, too, that she would rather we had a proper debate on this matter instead of discussing a new clause that has been snuck in at the eleventh hour.

[Steve Brine (Winchester) (Con)]

I understand that the hon. Lady has not spoken to the national park authorities, but that is not necessarily a reason to oppose the proposal. I have spoken to members of the board of the South Downs national park authority—Margaret Paren, who leads it, and Councillor Barry Lipscomb, who is a Winchester City councillor—and they very much welcome it. They think that this general power of competence will allow them to be full players at the table in the devolution bids that are so important in my area. I do not know what “Aunt Sally” means, although I remember her on the television, but this is nonsense. It is opposition for opposition’s sake. The Government should get with the plan here. Just because the Opposition have not talked to the national park authorities does not mean that they should vote against the proposal. I have spoken to the national parks, and they want this.

[Liz McInnes]

I am sure the hon. Gentleman believes that the Government should get with the plan. However, we are the Opposition. I am not opposing the proposal for opposition’s sake; I am opposing it because I think we need a proper debate on it. It could have a far-reaching effect on our national parks, which are loved and valued by the general public.

[Several hon. Members rose—]

[Liz McInnes]

I will not take any more interventions. I have already given way to hon. Members.

The national park authorities are one part of the equation, and, as I have already said, we have not had time to consult them properly because this proposal was brought in at the eleventh hour. Surely any reasonable person would want—[Interruption.] Conservative Members had prior knowledge of it. I am sure that every reasonable person would agree that we need a proper debate on such an important issue. The national park authorities are not the only stakeholders involved. The public are the real stakeholders. Millions of people use and enjoy our national parks every year, and they should have their say. They would not thank us if we allowed this measure in through the back door.

Neither I nor any of my team are opposing the new clause for opposition’s sake; we are opposing it because we have serious concerns about the way in which it has been introduced. We will not agree to such a huge change in the governance and accountability of our national parks at only a few days’ notice and without a proper debate. If the Minister thinks that we are going to let this go through without a proper discussion, he is very much mistaken.

It is totally inappropriate that the new clause, which could bring about major and irreversible changes to our national parks, should be slipped into the Bill in this manner. The national park authorities are there to protect the environment for the good of the nation and its people. I call on the Secretary of State to withdraw the new clause. It does not belong in the Bill. If a discussion is needed about the future funding of our national park authorities, so be it, but let us have a proper debate. Let us give our stakeholders, the people, a chance to have their say, and let us not try to introduce damaging changes to our national parks by the back door.

[Robert Neill]

rose—

--- Later in debate ---

[Alistair Burt]

It is not about the centre not liking the decision. The Secretary of State has statutory duties that Parliament has given him. He has to exercise his power both to grant and revoke power based on those duties, not because he likes or does not like a decision. It is that statutory duty for which he is responsible that is so important. The House of Lords pressed that matter, but the House of Commons has accepted it. It is the maintenance of those duties that is so important. Liking or disliking a decision does not come into it.

Let me make further progress on the other amendments that the Government wish to push through. Amendment 35 is a further amendment to clause 18, which applies valuable safeguards to local devolution of health functions, including where certain functions and duties should continue to be held nationally. The clause was inserted in the Bill by an amendment tabled by Lord Warner in the other place and was amended in Committee in the Commons to give further definition and clarity to support its valuable principles. Clause 18 provides that regulatory functions of national bodies held in respect of health services will not be available for transfer to a combined or local authority.

Amendment 35 makes it clear that, in addition to NHS England’s responsibilities for assurance and review of clinical commissioning groups, all its supervisory and oversight functions set out in chapter A2 of part 2 of the National Health Service Act 2006 are out of scope of a transfer order. These include functions relating to CCGs’ institutional and constitutional arrangements, including their establishment.

Briefly, amendments 46, 47, 48 and 49 amend schedule 4, which makes amendments to the 2006 Act to provide a wider menu of flexible, voluntary options for local bodies, including combined authorities, to work with each other and with NHS England in respect of health functions.

One of the amendments introduced by schedule 4 includes provision under proposed new section 13ZA of the 2006 Act for new “devolved arrangements”, whereby NHS England is able to delegate its functions to a group of local commissioners exercising them together, or to make arrangements to exercise its functions jointly with that group. The group of local partners must consist of at least one clinical commissioning group and at least one combined authority or local authority, and the delegates or partners must exercise the function jointly.

Amendments 46, 47 and 48 are minor and technical amendments, which make it clear that “devolved arrangements” may relate to one or more of NHS England’s functions.

New clause 12, which was tabled by the hon. Member for Hemsworth, says:

“The Secretary of State must, within 15 months of this Act being passed, publish a review of health services devolved under the provisions of this Act.”

The review must include an assessment of how standards have been maintained, particularly of the quality and outcomes delivered by the devolved health service.

Maintaining the integrity of the NHS standards and ensuring that there is clear accountability for quality of outcomes is a key objective, as reflected by a number of vital safeguards provided for by the Bill. An order to confer health functions on a combined authority can only be made if a proposal to do so satisfies the Secretary of State that such a transfer will lead to the improvement of statutory functions.

As the House has debated a number of times, the requirements to monitor and regulate the functions that have been devolved remain exactly the same as if they had been with the NHS. It is the Secretary of State’s responsibility to ensure that the quality of services devolved is of NHS quality. For that reason, a full formal review is not necessary. There will be constant review of the quality of work done locally, and putting a formal review in the legislation is therefore not necessary. It is inconceivable that the authority delivering the functions on behalf of the NHS would not keep up a full review and the quality of regulatory work and monitoring work ensures that a full review is carried out in any case.

I hope that the new clauses will not be pressed to a vote and that I have been able to satisfy the House about the functions that need to be retained by the Secretary of State. I hope that the technical amendments will also be agreed to.

[Liz McInnes]

I want to support new clause 12, although the Minister has made his case for turning it down. I think it is important that we build a review stage into the devolution of health simply because the implications of the Bill for the English NHS and social care system are not clear. The Bill regulates for important new powers to remove functions from NHS hospitals, commissioners and other bodies and to transfer them to the local regional authority. Depending on the implementation, interpretation and limits of the powers, such transfers might fundamentally reshape the health service in the years to come. We must ensure that the national health service stays national. We do not want a postcode lottery for healthcare.

Accountability and scrutiny remain crucial for a well-run national health service, delivering the best care it can for everyone no matter where they live. The Bill’s light-touch nature and the pace with which the agenda is moving leave a number of crucial and unresolved questions, some of which I would now like to ask. Will central and regional government argue over the responsibility for meeting population needs and making difficult decisions, such as those on whether to close hospitals or prop up overspending healthcare providers? What will happen to neighbouring areas?

Deals permissible under the Bill create the possibility of NHS funding melting into wider regional authority budgets, making ring-fencing or protecting impossible. Given the importance of healthcare spending as an issue, it needs clarity and scrutiny. Devolution to combined authorities under the Bill might actually have a centralising effect for many health and social care functions, taking power away from councils that represent smaller communities and the clinical commissioning groups that represent clinicians. Although that might be desirable in some cases, it is also important to consider how the positive developments brought to health and social care by these bodies can be preserved.

Clauses 7, 16 and 17 allowed the piecemeal transfer of health care commissioning responsibilities from clinical commissioning groups and NHS England to local government. I am concerned about the impact that will have on the NHS, especially as regards local variation in service levels, further allocation of resources and the cross-border impact of decisions. The Opposition believe that there should be a statutory duty on the Secretary of State for Health to secure and provide universal health care and that core national NHS standards should remain in place.

[Mr Brady]

I want to make it very clear, and this might be helpful to the hon. Lady, that after the Minister’s assurances to me I will seek the leave of the House to withdraw new clause 9. She might, of course, wish to do other things with her new clause.

[Liz McInnes]

I thank the hon. Gentleman for that intervention.

Although I see a range of possible potential benefits arising from the devolution agenda, particularly the opportunity for greater integration of services between health and social care and bringing public health and other areas under local government control, a number of outstanding questions will need to be resolved, largely focused on resolving the tension between local and national arrangements and the extent to which the “national” in the national health service will be preserved. What we are witnessing is not devolution. The models adopted in the deal so far appear to be closer to delegation than the formal devolution outlined in the Bill.

As the Opposition understand it, there are no plans to use the order-making power created through the Bill to transfer additional health functions to local authorities. Any health-related orders will be used only to enable combined authorities to share the health duty that already sits with local authorities. I seek the Minister’s assurance that the devolution of health service will be reviewed in a year to ensure that standards and quality of services and outcomes have not declined. That is what new clause 12 outlines—it seems an eminently reasonable request given an issue as important as our nation’s health.

[Mr Brady]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.