English Devolution and Community Empowerment Bill

Lord Scriven Excerpts

Consideration of Commons amendments and / or reasons
Thursday 23rd April 2026 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, in following the noble Lord, Lord Fuller, I simply say that I entirely agree with Motion F1; in the interests of time, I will not go further. I declare my interests as vice-president of the Local Government Association and the National Association of Local Councils, which have particular relevance to that Motion.

I will chiefly speak to, and offer the Greens’ the strongest possible support for, Motion E1. We believe in democracy; this is about democracy. I was intimately involved in the Sheffield tree campaign that the noble Lord, Lord Mohammed, set out. I will just tell noble Lords of one occasion at the end of that story, when the cabinet model was falling apart. The cabinet member responsible for overseeing the cutting down of trees stood in the council chamber and brandished a slice of a tree that had just been cut down. It was a memorial tree to two twin brothers killed in the Second World War. He celebrated how they cut down that tree. That was where groupthink and that model of governance had led us to: the council was set against the people of the city.

I will not go into any more depth on that; it is an issue I have majored on since Second Reading. Instead, I will refer to something that has happened very recently in Bristol, where we have a similar situation to Sheffield and where the people decided they wanted democracy and did the very difficult job of delivering that democracy against the current, the push, from Westminster. There was a glowing peer review for the Local Government Association just this month, specifically noting how in Green-led Bristol council the committee system had strengthened democratic engagement and transparency of the council.

If an independent, non-political overseer can see the benefits of the committee system, surely the Government can too. I am not saying that they should mandate a committee system—I believe in local democracy—but surely they should see that they cannot apply their own authoritarian ideology to local communities up and down this land. That is unacceptable at any time, but it is particularly so in a Bill that is supposed to be about devolution and community empowerment. This makes no sense. I urge your Lordships’ House, in the strongest terms, to oppose and to keep opposing Clause 59.

[Lord Scriven (LD)]

My Lords, I am also a vice-president of the Local Government Association. At this very late stage, this is the first time I have spoken on this Bill. This is like a map of Sheffield—Manor Castle, Tinsley and Hunters Bar, and I am a former leader of Sheffield City Council—and the reason why we are speaking on this issue is not just because we saw what happened in Sheffield. We understand the power of giving local people the ability to hold others to account, not just at election time but in how they are governed, the administration and the powers devolved through all 84 councillors. This not only changes behaviour but helps to make the correct decision for a particular community.

I notice that a noble Lord opposite is shaking their head but, for Sheffield, it was the right decision. People turned out at the ballot box and decided that this was what they wanted, and—surprise, surprise—it has not created chaos. People in our city know who to go to about their bins or roads; they know who the chair of the committee is. They know that when they go to their local councillor, they have some power to influence the committee system, unlike the cabinet model where it is down to 10 people. My noble friend Lord Shipley has moved this Motion because if another Sheffield happens, once this Bill has gone through, there is no way the system can be changed. The community is left with an administrative system that they are completely locked out of other than at the ballot box in four years. Under the strong leader model, when I was leader of Sheffield I could have decided to hold all except reserve powers. I could have decided to have a cabinet of three people deciding what happened strategically.

The reason for this amendment—and why the Government must go away and rethink—is that we need to ask the Minister to answer this question. If another Sheffield arose in a year’s time after this Bill was passed, how would the local community change that system to make sure that local councillors had powers to ensure they were not held to ransom by three people within the strong leader model? If that question cannot be answered, it is really important to understand that communities are going to be left with systems that do not necessarily meet their requirements. It is really important. The reason why three people from Sheffield have spoken is because we understand what happens when it goes wrong, and we have faith in local people to use their knowledge and their votes to put that system right.

[Lord Wallace of Saltaire (LD)]

My Lords, I will raise a couple of broader points about where we are. A strong leadership system operates well when you have only two parties represented on a council. We are about to have local elections in which the number of councils elected with only two parties represented, and one party holding a clear majority, will probably be smaller than it has been for a very long time. Where we have multi-party politics, the need for co-operation and engagement among all those on council is of a different order than under the strong leadership model. If the Government do not recognise that, they are utterly failing to future-proof this Bill.

On Motion F1, the noble Lord, Lord Robertson, is going around the country talking about the Government’s failure to recognise the very radical implications of the strategic defence review. He talks about the need for mobilisation of the population at local level to deal with the new hybrid, civil and other threats facing this country. If we want to mobilise local volunteers and local services, we will have to engage our local population. If we have only distant councils representing half a million people, the population in Bradford will not be mobilised and will remain as disillusioned and unengaged as before, and the SDR will fail.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I return to local authority governance arrangements. The Government have been clear and consistent in their view that executive models of governance, particularly the leader and cabinet model, provide clearer accountability, stronger leadership and speedy and more effective decision-making for local government. That remains our firm view, and that is why we cannot accept these amendments.

However, as I set out earlier, this is not a rigid or prescriptive approach. The Government have listened carefully to points raised throughout the passage of this Bill and have responded. Councils that have only recently adopted the committee system will not be required to change immediately but may continue for the remainder of their moratorium period, after which they will undertake and publish a review of their governance arrangements. Meanwhile, the existing statutory notice requirements are being retained. Furthermore, it is also important to note that the executive forms of governance and the leader and cabinet model are also not rigid or prescriptive, but in fact leave room for flexibility in how they are implemented. While formally operating within the leader and cabinet framework, councils already employ a wide range of approaches to delegation, decision-making and scrutiny.

I pick up the point made by the noble Lord, Lord Lucas, about most of the council doing nothing. I think that is completely wrong and denigrates the role that local councillors hold. Local councillors perform many important roles in councils, including scrutiny, licensing, planning and many other functions, as well as their very important role as ward councillors and, in the future, in the neighbourhood governance arrangements we are introducing. Some councils operate highly collective cabinets while others centralise decision-making. Some may choose to adopt a hybrid model, any of which can and should be employed best to reflect local needs. As I said, under the Government’s plans, councils that more recently adopted the committee system will retain this model.

In terms of evidence to justify moving away from the committee system, there are several individual examples that highlight the challenges of the committee system. Decisions can be slower. When Cheshire East switched to the committee system in 2021, an LGA corporate peer challenge found that its structure was large and meetings were intensive, with six policy committees and nine subcommittees involving 78 out of 82 councillors. It can be much harder for councils to keep a single strategic view. Co-ordination across individual committees can be a persistent challenge. That same peer challenge flagged the siloed nature of the council, with poor joint working across departments contributing to challenges in service delivery and communication.

Moving into and out of the committee system absorbs time and attention and increases administrative costs. Several councils that adopted the committee system later reverted to the leader and cabinet model, such as Brighton and Hove in 2024, and Newark & Sherwood District Council and Nottinghamshire County Council, both in 2022.

[Lord Scriven (LD)]

The Minister is making the case in her answer that local discretion is required to move from one model to the other depending on local circumstance, rather than being centrally prescribed by Westminster.

[Baroness Taylor of Stevenage (Lab)]

I am making the case that moving backwards and forwards between different models does not serve the public we serve.

Accountability can feel diffuse and unclear, with some councils judging the leader and cabinet model to be more transparent, agile and accountable. With collective decision-making spread across multiple committees, it is not always clear who is in charge.

The Government are not seeking total uniformity of internal process but clarity and effectiveness at the point of accountability and delivery. Residents should be able to see who is responsible, and scrutiny should be able to operate against clearly identifiable decision-makers. That is where executive models, and in particular, the leader and cabinet model, add the most value.

Councils can and should adopt a version of the leader and cabinet model that best suits their individual needs. When we were in opposition, Hertfordshire County Council had a set of cabinet panels that were very good at both pre-scrutiny and post-scrutiny of decisions. Councils should learn lessons from operating a committee model and then move forward with arrangements that deliver against local priorities, while strengthening accountability, effectiveness and clarity. I therefore urge noble Lords to support the Commons’ position and allow the Bill to proceed.

Clause 60 is about community empowerment, giving people a stronger voice in shaping local priorities, while allowing local authorities to build on what already works locally. Our amendment in lieu strikes that balance, recognising the valuable role of town and parish councils, where they exist, and setting out explicitly that regulations can provide for membership of neighbourhood governance structures to include representatives from town and parish councils. Our intention is that neighbourhood governance structures should include town and parish council representatives, where they exist.

Some places have hundreds of town and parish councils, ranging from very small hamlets to larger towns, so we want to retain the flexibility for local places to work out the right arrangements for parish council membership within governance structures.

We will set out expectations of town and parish involvement in neighbourhood governance arrangements in a framework on neighbourhood governance, to be published later this year, and in subsequent guidance, once regulations are laid.

I always find the noble Lord’s rhetoric entertaining, but rhetoric it is, I am afraid. We have committed to review and update the statutory guidance that underpins the community and governance review process, including adding good practice. That is the proportionate way forward for locally led neighbourhood governance. I therefore invite the House not to insist on its Lords Amendments.