Cities and Local Government Devolution Bill [HL]

Lord Scriven Excerpts

Monday 22nd June 2015 Lords Chamber

[Baroness Warsi (Con)]

My Lords, you will be pleased to know that I am not going to get into this discussion about what happened in the 1960s. My memory certainly does not stretch as far back as that, having been born in the 1970s. I would like to speak about what business is looking for from local decision-makers. My interests are noted on the register of interests. As somebody who in her real life—before life in politics—started and ran three businesses, of which I am still involved in two, it is important for me to have heard today from the Federation of Small Businesses that its members are in a robust mood. It did a survey and two-thirds of small businesses are hoping to grow moderately or rapidly over the next year. That is great news and, to some extent, is a response to the policy that has been pursued in this area over the last four or five years.

I pay tribute to the noble Lord, Lord Shipley, and my noble friend Lord Heseltine for the tremendous amount of work they did under the last Administration to make sure that the building blocks were put in place, with the benefits that we are seeing today. Much of the work on devolution had already been started. Certainly in West Yorkshire, where the businesses I am involved in are based, the first agreement on devolution was already in place. Indeed, as we scrutinise the Bill, agreements and discussions are ongoing about what that devolution deal will look like now for West Yorkshire or the much broader Yorkshire region. Those decisions have still to be made.

The only question I would raise is this: is what we are going to create, or what we are asking for, going to assist or get in the way of business? Is the extra bureaucracy that we want to put in place in the name of democratic accountability going to help create jobs, which is what ordinary people want, or delay their creation? Is the consultation that we think is so vital before we put these structures in place going to help businesses to grow, or is it going to slow things down and therefore detract from this robust mood that small businesses up and down the country are showing?

Time is of the essence. I know from my own involvement with the regional growth fund and its payment to businesses in Yorkshire—I am involved in two manufacturing businesses, which manufacture furniture and ingredients respectively—that when an order comes through the door, no one waits for you to get your act together and discuss it with the LEPs and the RGF, and for them to make a decision and come back to you to tell you about timescales and ensure that everything has been properly consulted on. These opportunities do not come along often. Therefore, we should not stand in the way of these structures being created quickly, of local decision-makers being able to respond quickly, of getting money into businesses and getting them to invest more in expanding and—playing upon this robust mood that the Federation of Small Businesses is talking about—creating the very jobs we need for the economy to keep growing. Speaking from a user’s perspective, in scrutinising this legislation, let us enable, rather than creating further layers of bureaucracy.

[Lord Scriven (LD)]

My Lords, I have listened to the noble Lord, Lord Heseltine. Like the noble Baroness, Lady Warsi, I cannot recall the 1960s; I was born in that decade, so my period is rather similar.

The noble Lord has always been a big figure in local government during the entire time that I have risen up and been involved in it, but I have to say that I think his analysis on this is wrong. I say that because my starting point is that, although some people might say that this is just semantics, the Bill is not really about devolution but about decentralisation. It is fundamentally a decentralisation of responsibilities from certain bodies to a combined authority or a mayor. The noble Lord talked about international comparisons, whether it be the Länder in Germany or the cities in the US, or elsewhere, where they have not just a nameplate saying “mayor” but real fiscal powers. When I was leader of Sheffield City Council it would have made no difference whatever whether my nameplate said “leader” or “mayor”; I would have been pulling levers with nothing attached because all the fiscal powers were in Whitehall. That is the important point that is missed by the Bill.

While I agree that it is a step in the right direction, we should not kid ourselves that under the present fiscal arrangements a mayor will be the silver bullet that will give local areas the autonomy and power to be authors of their own destiny in the way that some are suggesting in this debate; something more fundamental is required. Having said that, if we are going to go ahead within the boundaries of the Bill as it stands, then nothing in the amendment of my noble friend Lord Shipley would stop a mayor or powers being created if that was what the local area, along with the Secretary of State, so wished. As the noble Lord said, all that the amendment says is that the Secretary of State “may” refuse an arrangement that has been proposed if it,

“does not provide sufficient democratic accountability”.

What is wrong with strong democratic accountability? We have it here in this Parliament, and I would expect it in local government. All that the amendment says is that not only would strong economic powers be taken into consideration but there would be strong democratic oversight of the powers invested in, possibly, one person. That is reasonable.

In the amendment, the second reason why the Secretary of State might refuse a proposal would be that it,

“does not have the support of local authority electors”.

To go ahead without the support of the electors would be rather strange in my part of the world, where only a few years ago the electors rejected a mayor but now it would be imposed upon them if they wished to have these powers. I hear the Minister when she says that a mayor would not be imposed, but I ask her about the report in the Birmingham Mail on 1 June about the Chancellor saying to the leaders of the West Midlands that,

“only elected mayor will guarantee full funding and powers for West Midlands”.

If that is not a prescriptive approach, what is? So there is prescription within this if you are going to get full funding powers. How would the people of South Yorkshire and Sheffield feel, having said that they, including businesses, did not want a mayor, only to have one imposed in order for limited powers to be decentralised from Whitehall to the area?

There is a third reason in the amendment why the Secretary of State may refuse a proposal. Wherever powers are devolved or moved within the existing structures, whether from national or local government, that should not destabilise local government. There is nothing wrong with that. There are still functions that councils will have when there has been the shifting of the existing chairs on the deck, which is all that the Bill actually does. If there were some fiscal powers, then it would be a devolution Bill. However, if those chairs are going to be moved, it is really important that some of the functions are kept with each individual council. It does not mean that financially they cannot continue to carry out what will be significant statutory functions.

The final subsection proposed in the amendment is about the mayor. I have already spoken about this: a nameplate is not going to change how a place is governed. If it was so significant, why have some councils that had already moved to a directly elected mayor moved back? It has not been the panacea that some would suggest. I advise the Minister to think very carefully about a Bill that puts so much reliance on a name without thinking about significant fiscal powers being moved downwards—which, after all, is what makes a difference.

I end by saying that I think the noble Lord, Lord Heseltine, argues my case for me. He talks about the powers of local government in the past, the engines of economic growth and social change. However, they did not have mayors or a single democratically elected person; they had the powers that central government has taken over. I accept that some of those responsibilities and powers will go, but without looking at the fiscal powers that make the difference we will be back here in five or 10 years’ time having the same discussion, because that is the key that will make the change, not the name on a nameplate.

[Lord Woolmer of Leeds (Lab)]

My Lords, I agree with every word just said by the noble Lord, Lord Scriven. I return to the remarks of the noble Lord, Lord Heseltine, who has almost provided the framework in which we have discussed this amendment. I seem to recall that it was not a Labour Government who brought forward the legislation following up Redcliffe-Maud.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

My Lords, I thank all noble Lords who have made various points on these amendments. Amendment 14 was also touched upon, so I will touch upon it but not delve too deeply into it, because we will discuss it later on.

Amendment 3 would insert a new clause into the Bill for the devolution of powers to combined authorities, enable the Secretary of State to refuse to make such an order if he considers that specified criteria are not met, and prevent the Secretary of State requiring a combined authority to elect a mayor. Amendments 9 and 10 seek to require that the Secretary of State must be satisfied that the local government electors of the area of the proposed or existing combined authority have been consulted by the appropriate authorities on the area’s proposal to adopt a devolution deal with a mayor.

While we certainly share the aim of devolving powers to combined authorities, it is neither necessary nor appropriate to include these provisions in the Bill. The provisions in subsections (1) and (2) of the proposed new clause are broadly consistent with Clauses 5 and 6, but there are critical differences. First, the proposed new clause provides for “any functions” to be conferred on a combined authority. Our policy is certainly to devolve wide-ranging functions, and indeed the Bill provides for any functions of a public authority to be conferred on a combined authority. However, I suspect that to have simply “any functions” is too broad.

Secondly, subsection (3) of the proposed new clause is not necessary. The Secretary of State always has a judgment as to whether or not to make an order. More importantly, specifying criteria in this way risks creating a tick-box exercise. It does not reflect the context in which the provisions of the Bill will be used: that is, to implement bespoke devolution deals agreed with areas.

On each of the criteria specified, subsection (3)(a) of the proposed new clause would require the Secretary of State to consider that the democratic accountability is strong enough to support the devolution of powers. This is clearly important, and it will be an important part of the consideration by the Secretary of State when negotiating and agreeing devolution deals with individual areas, and when considering laying a draft order. Clearly, Parliament will consider the issue very carefully when deciding whether to approve the draft order. For example, a central part of the Greater Manchester devolution agreement is a reformed governance system. The agreement stated clearly:

“Strengthened governance is an essential pre-requisite to any further devolution of powers to any city region”.

At this point I pay tribute to the noble Lord, Lord Smith, whose work on this over years has got us to the point where we are, as well as the work done by the noble Lord, Lord Adonis, and of course my noble friend Lord Heseltine—although the noble Lord, Lord Smith, steered this so beautifully through Greater Manchester. He is absolutely right; it was not because we were of the same party. We worked together as different parties. There was a period when the AGMA, as it was then, was hung, but largely we have worked together for the betterment of the city, which is why we got the trams; my noble friend Lord Heseltine saw that there was leadership in Greater Manchester.

However, to get back to these amendments, it would be wrong to present the considerations as a box that needed to be ticked. Subsection (3)(b) of the proposed new clause would require the Secretary of State to consider the level of support from local government electors. The Government are keen to consider proposals for the transfer or devolution of powers, supported by the appropriate strong and accountable governance. I consider the approach in Clauses 5 and 6 of the Bill to be preferable. These require that all appropriate authorities must consent to any devolution or transfer of powers before it can be made. Therefore, the point made by the noble Baroness, Lady Pinnock, about anything being imposed—and any other suggestions about anything being imposed—are quite wide of the mark. Nothing is imposed on anyone, or any local authority that does not want it.

[Lord Scriven]

The Minister says that, but let us take my own area of South Yorkshire as a practical example. There will be four local leaders, all of the same party, which through a whip system will control the four local authorities within that area. Therefore, even if the vast majority of local people were against it, the party system could force it through, and if it went through, it could not be reversed once the local electorate had had their say at the election. Rather than talking in general, can the Minister think through carefully the practicalities of areas such as mine, where it will be down to four people, who could force it through within their local authority by using the whip system?

[Baroness Williams of Trafford]

My Lords, technically the noble Lord is right—it is down to four people—but they are elected by their local council groups, and their local councillors are elected by the electorate. This was explicit in the Conservative Party’s manifesto for the general election, whether anybody read it or not—although I hope that some people did.

Going back to what I was saying—which makes the very point that the noble Lord raised—this means that those who have been democratically elected by the local authority electors are making this decision on behalf of those who have elected them. That is representative democracy, which is the bedrock of our local democracy. In devolving powers and reaching devolution agreements with areas, it is right that the Government deal with those elected to represent the area—those with a democratic mandate—rather than in some way trying to go over the heads of the elected local representatives and reach their own view on what the local electorate want.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, because these are bespoke deals, it will be very much a conversation between the local areas and the Secretary of State. The Government are clear about two things: first, any proposals have to be proposals for growth and, secondly, they have to be fiscally neutral within the Government’s spending envelope that would have usually gone into those devolved matters. We have deliberately avoided specifying and putting down criteria because it is a bespoke deal between local areas and the Secretary of State. So no prescriptions are laid down; it is a matter for discussion between the local areas and the Secretary of State.

I apologise to the noble Baroness, Lady Hollis, because I talked about the Localism Act but actually councils can resolve to have an elected mayor under the Local Government Act 2000. I just want to correct that mistake.

There have been different views on local government over the past decades and the past 150 years. I was a baby of the 1960s so cannot remember some of the reorganisations that took place then, but my noble friend Lord Heseltine made the compelling point that government has centralised over a period of 150 years. No matter how it has done it and how it has been prescribed, it has ever increasingly pulled power towards the centre. This is our golden opportunity to reverse that and it is the right thing to do.

We are now pursuing an unprecedented process to reverse that and we demand an accountable form of governance to support the powers being devolved. We have made it very clear that we want to hear from areas on their proposals. As to opposition to mayors, we are not trying to impose them anywhere but, where mayoral powers are devolved, there must be a clear, single point of accountability. International experience shows that where cities have a mayoral model it is a powerful form of governance, and the Chancellor has said that we will devolve major powers only to those cities which choose to have a mayor.

Going back to subsection (3)(c) of the proposed new clause, it is already part of the Secretary of State’s consideration about whether to establish or change an existing combined authority. The Secretary of State has to consider whether there is convenient and effective local government.

Finally, the provision in proposed subsection (4) seeks to prevent the Secretary of State imposing on a combined authority the Government’s model of an elected mayor. This is unnecessary. The Bill requires that all appropriate authorities must consent to governance change, as I said before. The Secretary of State could not and would not impose a metro mayor on any combined authorities that did not wish to adopt such a model.

[Lord Scriven]

My Lords, if a combined authority asked for powers similar to those of the Manchester deal, would the Government seek to impose a metro mayor on that model or would another form of governance be acceptable?

[Baroness Williams of Trafford]

My Lords, the Government would not seek to impose a metro mayor, as I have repeated several times. That combined authority would have a discussion about what powers it sought to be devolved and what form of governance it wished to introduce. It would have a metro mayor only if there were agreement between that local group of authorities and the Secretary of State. Nothing would be imposed.