Combined Authorities (Mayors) Filling of Vacancies Order 2017 (Amendment) Regulations 2024

Lord Khan of Burnley Excerpts

Tuesday 30th January 2024 Grand Committee

[Lord Khan of Burnley (Lab)]

My Lords, I too thank the Minister for introducing these statutory instruments. I concur with many of the points made by the noble Lord, Lord Shipley, in relation to district councils and their role in administrating elections, which I will come to shortly.

These regulations provide the rules for declaring a combined county mayoral vacancy, the procedure for by-elections and the rules governing a mayoral election. They do this simply by extending the existing rules for combined authority mayoral elections or by-elections to cover the new combined county authority mayors. We on these Benches supported the passage of the original orders in 2017, and we support these instruments today.

These regulations are required in advance of the first planned combined county authority mayoral election in May 2024 in the East Midlands, as the Minister mentioned, and we on these Benches want to focus on a particular point. While we are discussing the combined county authorities, I will take this opportunity to raise the importance of ensuring that all constituent councils get the opportunity to have their say. We hope that the mayors duly elected under the regulations we are discussing will take heed of the importance of that very local representation and expertise in parish, district and town councils.

As the noble Lord, Lord Shipley, mentioned, the Minister talked about a two-tier system where there is a county and a district council. She referred to how the district council presiding officers will have the responsibility to administer the election process. My concern is that, as the noble Lord mentioned, there is a lot of confusion about the financial resources to support the administration of these elections. We all know that local councils are already so stretched, and there is a lot of discussion about certain councils not having enough funds to deliver statutory services. What extra financial support or resources are the Government giving to district councils in light of the new responsibilities created by these statutory instruments?

Can I press the Minister further in relation to consultation? She mentioned a number of organisations. I have seen this repeatedly in numerous statutory instruments. What is the consultation in relation to working with the Local Government Association, and what is the overall focus with regard to the district, parish and town councils? What discussions and deliberations are there with these councils in the light of these statutory instruments being introduced? I look forward to the Minister’s response.

[Baroness Scott of Bybrook (Con)]

I thank both noble Lords for taking an interest in this debate and for their contributions. Once again, these regulations are essential in providing the rules by which all county combined authority mayors will be elected, including in May, as well as the mayor of the East Midlands if Parliament approves this new authority.

The noble Lord, Lord Shipley, asked about voter ID. Yes, that is understood. We have heard him loud and clear throughout many debates on voter ID. Obviously, we went through reviews on that, as did the Electoral Commission. I have been away, and have not been so close to it, but I will write to the noble Lord to say what the next moves are. I think we all have to agree that the first use of voter ID—I know it was in a smaller area—was successful, but we should never be complacent. We need to keep listening and learning from it.

On first past the post, which is another thing that the noble Lord often brings up, there is not going to be a change. The Government are very clear that the first past the post system is the most straightforward way of electing representatives. It is well understood by the electorate of this country. It makes it so much easier for the public to express a clear preference and reduces a lot of the complexity that we have seen recently in police and crime commissioner elections. There is no plan to change or relook at that; we had that discussion again on the recent Bill on elections, and we will not be looking back at it.

The patchwork of differences across the country is an interesting issue. The problem is that the whole of local government in this country is complex anyway, and reflects the different areas: cities, rural areas, and towns with rural areas around them. Government is trying to reflect that and give local people some choices about how they look in a bigger and more overall way at their area, rather than at small—down even to county —areas. As things change in this country, we are seeing bigger areas of economic development. We need to look at where the work patterns and travel-to-work patterns are. We need to look at all those things as well as at the traditional districts and counties that we have seen in the past.

I think it is up to local people. They have choice through the Levelling-up and Regeneration Act—they now have choices on how to plan for the future—but we in government have no further plan to look at the overall structure across the whole country.

On district councils, I will come back to the noble Lord. As far as I know, there has been nothing further since the Act came into force, but I will go back and see what discussions have been had with the district councils. That links to something brought up by the noble Lord, Lord Khan: do we talk to the district councils? Yes, we do. We talk to the LGA, the District Councils’ Network and the County Councils Network. They are part of the team that looks at these things, and part of our top stakeholder group, but I do not know what the latest conversations with particularly the district councils are.

As far as audit, risk and scrutiny are concerned—all important parts of local government—as we get bigger and there is more money to spend, people expect that money to be accounted for and to be accounted for quite publicly. In the new combined county authorities, while it is the upper tier that is doing it, the same audit requirements will be there as for other councils as they exist now. There must be scrutiny committees and audit committees, and they must have a risk register. I do not think it is any different but, in my opinion, we need to continue to challenge local authorities and to make sure that they are accessible to local people to know what their money is being spent on.

Quite rightly, the noble Lord, Lord Khan, talked about consulting with local people about any changes. I have been through that consultation; it is tough at times, but it is important. It will always be part of our process that local people are consulted in those early stages of changing their council structures, if that is what local people want. It is up to local elected representatives, whether district, county, borough or wherever they come from, to listen to local people before any changes are made. We expect that to happen.

In conclusion, these regulations are essential— as I said—to progress the devolution powers and to enable the election of combined county authority mayors. I commend both sets of draft regulations to the Committee.