Levelling-up and Regeneration Bill

Lord Scriven Excerpts

Committee stage
Monday 13th March 2023 Lords Chamber

[Lord Bach (Lab)]

My Lords, I start by congratulating the clerks who made up this group—it is an astonishing achievement to have managed to get so many completely separate issues all in one group. I am afraid that I am going to make life more difficult for the Front-Benchers, particularly for the noble Baroness the Minister, by moving from one subject to another—but here we are; I will do my best.

I ought to remind the Committee that I am a former police and crime commissioner for Leicestershire and Rutland. I have a clause stand part notice in my name for Clause 59, which we will not reach for many sessions, probably. I thank noble Lords who have added their names to that notice. My noble friend Lord Hunt, at the end of his speech, talked about Clause 59; I very much hope that the Government will listen. Even if my words are fairly harsh, they are not addressed at Ministers here; obviously it is not their responsibility, as such, but the Government’s responsibility that we are landed with Clause 59, which really is not a worthy clause in a Bill of this kind. It should never have been in this Bill; it is a mean, short clause in a large, important Bill and it has absolutely nothing to do with levelling up or grand plans for the future of our country.

It is for one reason only, as has been stated: merely to ensure that one mayor of the West Midlands Combined Authority—Conservative, as it happens—can become the police and crime commissioner for the West Midlands police force area whenever he really wants to. All he has to do is ask the Government, who are his own party, of course. He does not have to consult with anybody, unlike under Clause 58—for which there is also a stand part notice—where consultation is at least mandatory. In effect, he just has to wake up one morning and say to himself, “Oh, I fancy being police and crime commissioner today; I’ll have a word with a Minister”. Then, without much ado, he will be. In fact, he has, to use modern parlance, fancied it for a long time. Unfortunately, for him, there is a combination of the present law, which demands democratic consent from the combined authority members and from the constituent authorities—the councils that make up the combined authority—and, annoyingly for the mayor, the electorate who have voted on four separate occasions for a Labour police and crime commissioner. “How dare they”, says the mayor, and the Government follow suit by putting in this clause.

First, the present law sought to be amended by Clause 59—namely, the need for majority support from the combined authority and support from all the councils that make up the combined authority, the constituent authorities—was put into the 2009 Act by the Cities and Local Government Devolution Act 2016. For the Government of the day, and for all of us, it represented a sensible, democratic and consensual approach. Of course a mayor can become police and crime commissioner, if he or she has general support—as has happened in Manchester and West Yorkshire. However, it did stop a mayor from grabbing that position without local support. In the West Midlands, that support is not forthcoming. Now, seven years on—only seven years—the same Government wish to change all that and give the mayor a free ride, effectively.

Secondly, the electorate in the West Midlands has voted every time, as it happens, for a Labour police and crime commissioner, most recently in May 2021, on the very same day that they voted for a Conservative mayor. There is no suggestion that the two position holders, the mayor and the police and crime commissioner, have not worked well together. Both were elected, so I ask the Minister, what is the argument for change? What is the argument to nullify the result of an election, effectively, if it does not happen to suit one party?

This clause is there only, I submit, for the West Midlands mayor. Ironically, if he becomes police and crime commissioner, he will no doubt appoint a deputy who will do most of the work but will not have been elected by anybody. Police and crime commissioners, whether we like them or loathe them, were actually set up by the Government of the day to do a particular job for their public. One of the selling points by the Government when this controversial Bill was put before Parliament was that it would be the public who would elect police and crime commissioners, and that gave them some mandate. This clause represents a real lessening of democracy. It is usually only authoritarian regimes that make laws to abolish the results of democratic elections that they do not happen to like or do not suit them. Surely, we are better than that.

At Second Reading, the Minister did not have time to deal with the points I am making now. In no way is that a criticism: she had much too much to do, given the number of speakers and different points that were made at Second Reading. Now we are in Committee, I would be grateful if she would be kind enough to listen to the following questions and give me answers. First, what is the purpose of this clause if it is not to nullify the results of an election held 22 months ago? Secondly, what is wrong with the principle of having broad consent for change, which was the Government’s policy right up to now? Thirdly, why is there no consultation for the mayor before he makes his application? He does not need to consult under the new provision. Lastly, should the Government not think again about how undemocratic, chilling and unnecessary this clause looks? Its departure from the Bill would, I believe, be well received by all people of good will who believe in local democracy and think it rather shocking that an election result can be overturned merely because the party that lost it does not like it.

[Lord Scriven (LD)]

My Lords, I rise very briefly to support the probing Amendments 89 and 90, in the name of the noble Lord, Lord Hunt, about the role of local government and the NHS. I speak as somebody who has been an NHS manager—I think I said previously that the noble Lord, Lord Hunt, was in the higher echelons of NHS management when I was a mere trainee. I have also been a local government council leader and recently I have been an NHS non-executive director.

There were clear issues as we went through the Health and Care Act. As the noble Lord, Lord Hunt, said, it seems like we are having the same discussion. It is not that we want to say, “We told you so”, but the structures that have been set up and the cultures and behaviours of the two organisations mean that they are incompatible with what we all want to achieve, which is a localised and systematic approach to dealing with people who go through the NHS and care system to improve health and reduce health inequalities between areas.

The NHS, by structure, looks up. It looks up to NHS England and the department. The way that the funding goes means that the levers that the Secretary of State or the senior directors of NHS England can pull will mean that NHS staff, in terms of managers and leaders, will look up and will respond to a top-down approach. The culture within the NHS is top-down, top-down, top-down. Local authorities, and particularly local councillors, look out. They look out to their area: that is who they serve, that is who, predominantly, gives them their marching orders—not somebody above them from a national organisation and a central ministerial area of government.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

That is not the logic. It is an opportunity for the directly elected mayor to be able to join up all these issues within their geographic area and deliver more joined-up services by working with others.

[Lord Scriven (LD)]

Do the Government therefore suggest that, at a local level, a council leader could appoint their own cabinet rather than taking from elected councillors? That is the logic of what the Minister is saying.

[Baroness Scott of Bybrook (Con)]

That is not the logic. It takes the whole issue too far. Cabinet members will come from the elected members. That is required in the legislation.