Lord Shipley
Main Page: Lord Shipley (Liberal Democrat - Life peer)Cities and Local Government Devolution Bill [HL]
Lord Shipley Excerpts
Lord Shipley
“Devolution of powers
(1) The Secretary of State may by order confer the power to exercise any functions that may be required on a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities).
(2) An order under this section may only be made where a proposal for the combined authority to exercise these functions has been made to the Secretary of State by the appropriate authorities.
(3) The Secretary of State may refuse to make an order under subsection (1) if he believes that the proposal made by the appropriate authorities—
(a) does not provide sufficient democratic accountability over the functions to be exercised;(b) does not have the support of local authority electors within the appropriate area; or(c) would risk the proper functioning of local government within the relevant area or parts of the relevant area.(4) The Secretary of State may not, in making an order to enable a combined authority to exercise functions under subsection (1), require the combined authority to elect a mayor under section 107A of the 2009 Act.”
Lord Shipley (LD)
My Lords, I said on Amendments 1 and 2 that we should avoid being overly strict on what structure and governance can be proposed and approved, but we need to be very careful that, in not being too prescriptive, we do not end up giving the Secretary of State carte blanche to do whatever he wishes. There has to be a set of principles by which proposals can be judged. We have set out four in this amendment: democratic accountability, the support of local government electors, the need to avoid risk to the proper functioning of local government within the area of the elected mayor, and that it should not be an automatic requirement that there is an elected mayor.
We should note the context here. In Greater Manchester there is to be an elected mayor without either a referendum or a full consultation with local people, and with an interim mayor elected by a handful of council leaders, not by the general public. There appears to be little evidence of positive public consent to the governance structure. Indeed, a referendum on an elected mayor in the city of Manchester received a no vote very recently. We need to be very careful that we do not introduce new structures that, because they lack democratic legitimacy, could put at risk the devolution of power that we want to achieve. The Government have to explain why, if an assembly is right for London, it is not right for Greater Manchester and other parts of the country.
As they stand, the proposals in the Bill run the very serious risk of creating a one-party state in some parts of the country without adequate checks and balances in the governance structure. Let me explain. It would not be good for democracy or for accountability for an elected mayor from one party to be able to appoint a deputy mayor of the same party from the combined authority, and then to chair that combined authority—dominated by that same party—with the overview and scrutiny function led by a chair of that same party and dominated by members of that same party. This is dangerous, because the only connection with the governance of the combined authority for an elector is to vote for the mayor, but nobody else. We want to change the electoral process to include the combined authority itself. That is because we do not wish to replace one form of centralism with another. This is about accountability, which cannot be guaranteed with the proposals that the Government are making. Our amendments are designed to improve the Bill’s failures in this respect.
Let me be very clear: this is not about refusing to accept the concept of elected mayors. The concept can work, with the right governance structures around such a mayor—indeed, the Government have a mandate to introduce them. Nevertheless, it would be a mistake to assume that the election of one person for the whole of a combined authority area would of itself be sufficient to secure public consent to the new arrangements.
We must amend the Bill to improve it in order to make the proposed structures more accountable, with checks and balances which everyone understands. We shall therefore examine the way in which overview and scrutiny will work, particularly as regards the rights of the public, the press and the media to obtain information, and the rights of opposition councillors to call for papers. We do not want to end up with meetings of combined authorities in which the business is conducted in secret pre-meetings composed of just one party, and then announced to the press and public as decisions in short public sessions with little debate or discussion.
All our amendments to the Bill are tabled with the aim of improving it and enabling it to earn broad public consent. It needs to be amended to achieve that and the requirements and safeguards recommended in subsections (3) and (4) of the new clause proposed in Amendment 3 are extremely important in that regard. In moving Amendment 3, I have spoken also to Amendments 9 and 10.
Lord Heseltine (Con)
My Lords, I have worked with the noble Lord, Lord Shipley, and I know of his long experience and dedication to this cause. However, I disagree with the consequences of what he is asking your Lordships to accept.
We are looking at a system of local government which has not delivered the necessary standards in a whole range of fields. In my life as a politician, I have seen how we have ruthlessly taken power away from local government and centralised it in Whitehall departments. I see present many noble Lords and noble Baronesses who supported that. The reason we did that was because the standards of local provision were in our view inadequate. We may have been wrong, but whether it was my party and the Housing Corporation, which I think was established in the 1970s, or the academies which the Labour Party introduced under the leadership of Tony Blair, the same basic premise has always applied—namely, that local government was not up to the job of delivering the services to the standard that central government believes in.
We now have an historic opportunity—it is historic, as we discussed on Second Reading—to create locally a standard of service and a scale of delivery which can produce results which reflect local strengths and weaknesses, and which is of a different order from that which exists today. The great dilemma I hear expressed is that, time and again, noble Lords taking part in this debate assume that we are trying to recreate powers for local government as it is. That would be a great mistake and would not command the support that the thrust of this Bill is trying to achieve.
We are trying to create organisations of a scale and resource, and with the leadership qualities, that can compete on a world scale. We are looking at the départements of France, the states of the United States and the Länder of Germany. We know that to maximise the endeavour of this country we must have the ability to compete in a whole range of activities—education, economic generation and perhaps health—so we are looking to attract men and women who command respect and have the capacity and the leadership qualities to change the public perception of local government.
We hear about accountability. What accountability is there in local government today? The noble Lord referred to a “one-party state” but two-thirds of the constituencies that elect another place never change allegiance. The battles are fought in the marginal constituencies. In a vast number of councils in this country, the councillors never change from one party to another. A significant number of councils do not change allegiance either. So if one is talking about changing, the present system does not do it.
Baroness Williams of Trafford
My Lords, no one is going to force you to buy that bottle—it depends on what the bottle contains.
If I could, I will make some progress. I cannot even remember where I was—if noble Lords could just indulge me, I will find where I was up to.
I want to get to Amendments 9 and 10. The Bill provides that the Secretary of State may make an order to provide for there to be a mayor for a combined authority if a proposal has been made by that area. The Secretary of State must gain consent from each constituent local authority before an order can be made. It is open to the local authorities, when developing proposals, to decide to consult their electors at this stage.
Government policy is to devolve far-reaching powers to local areas and it is clear that, if areas are to have such powers, they must adopt strong governance and accountability arrangements. Where major powers are devolved to cities, there must be a single point of accountability. People need to know who is responsible for decisions that affect them and their local area. A directly elected mayor will provide this point of accountability.
It is up to an area’s democratically elected representatives to decide whether they are interested in taking up the devolutionary offer we are making, with the benefits that that will bring to the city’s people and businesses. My noble friend Lady Warsi talked quite compellingly about businesses and business growth in her area of Yorkshire. She asked where the view from businesses was. I am sorry to hark back to Greater Manchester again, but local enterprise partnerships, which are made up largely of businesses, should be at the heart of the process and conversation that the combined authority has, as they are in Greater Manchester. They are business led and, in many ways, cannot wait for the growth opportunities that it will entail.
Imposing a statutory consultation requirement on the authorities, as this amendment would do, risks delaying or derailing potential devolution deals, as my noble friend Lady Warsi points out. These deals are about firing up our cities, towns and counties so that they can become economic powerhouses, and backing businesses so that they can create thousands of jobs for people.
I will turn to some other points that noble Lords made, without taking up too much time. My noble friend Lady Warsi asked whether this extra bureaucracy in the name of democracy was going to help businesses. The Government do recognise that no two places are the same. People who live, work and do business in a local area know best what that area needs to prosper and grow. Through the bespoke devolution deals, the opportunities for businesses to further shape local business are significant. This is a very compelling offer.
Finally, the noble Lord, Lord Shipley, asked why an assembly was only for London. The issue of an elected assembly arises in a number of amendments this evening but I will touch on it here. We do not want—and I am confident that few in our cities and counties would want—a new tier of government with more politicians. London is quite different and it would be wrong to see the London arrangement as suitable for other places. My noble friend Lord Brooke’s comments were very helpful in making that point.
I hope with all those assurances that the noble Lord feels able to withdraw his amendment.
Lord Shipley
My Lords, I am grateful to all those who have taken part in this debate. In one sense, we have had something akin to a Second Reading debate—it has lasted just on two hours. On the other hand, it has proved extremely helpful in identifying what some of the issues are. I concluded from it that many issues will have to be resolved between now and Report. So much is in the phrasing—the words that are used.
I am very grateful to the noble Lord, Lord Campbell-Savours, for twice reminding us that Amendment 3 is a clarifying amendment. It simply asks the Secretary of State to ensure that certain criteria are in place before making a decision. I had not thought when I drafted the amendment that this would prove quite so controversial and lengthy a debate. However, there we are.
I am grateful for the contribution of the noble Lord, Lord Heseltine. He was very critical of local government, relating largely to the 1980s, about which there was a great deal of truth. I pay tribute to his work with the Urban Development Corporations which revived so many of the cities in England. The difference here is that I am trying to talk about legitimacy and accountability. Indeed, in her reply, the Minister talked broadly in the same field. For me, this is about making the proposal in this Bill sounder in terms of public acceptability and legitimacy and in terms of making accountable those who are in positions to spend very large sums of public money.
Both the noble Lord, Lord Woolmer of Leeds, and the Minister talked about us trying to create a new layer of local government, but that is not the case. The Bill itself reinforces the combined authority layer of government and provides for a mayor and deputy. That is a function of the Bill, not of our amendments. The question is whether areas outside London should have unaccountable mayors while London benefits from a proper system of scrutiny by directly elected representatives. We will have a discussion about this when we read the relevant amendment. The assemblies that we propose would not have many members, but they would play a vital role in speaking up for citizens and communities against a potentially very powerful mayor who must be subject to scrutiny. That takes me to my next point.
Lord McKenzie of Luton
The noble Lord said that what he proposed would not have many members, but it would work out at something like 50 members for Greater Manchester—five per area—which is double the number of the London Assembly.
Lord Shipley
Indeed, it is 50. Of course, there are a number of issues around the selection of those numbers. We have identified in that amendment—we will have the opportunity to examine this in greater detail when we reach the amendment—that there are different populations in the authorities. It may be that some other number is more suitable. We would be perfectly happy to discuss that. But the question comes back to what the noble Lord, Lord Smith of Leigh, said a little while ago. The Minister thanked him for his hard work in producing the current position in Greater Manchester. I pay tribute to our members in Stockport for their involvement in helping to bring Greater Manchester together. The noble Lord, Lord Smith of Leigh, said that somebody has to bring it all together, if I recall his words correctly. But I would be happier if it was not somebody but some body. The question at the heart of this is whether one single person is the right answer or whether a body of elected people is the right answer. We will have to discuss that further when we reach that point in the amendments.
The noble Lord, Lord McKenzie, was correct in his comments about Clause 1, given the report that we have considered today. That will certainly need to be revisited. But in addition to that, it is my intention, with the leave of the House, to recast that amendment for Report stage. If in so doing we are able to have the usual discussions around how it might be helpful to the Government in terms of its phrasing, we would be happy to enter discussions on that. With that, I beg leave to withdraw the amendment.