Lord Shipley
Main Page: Lord Shipley (Liberal Democrat - Life peer)Cities and Local Government Devolution Bill [HL]
Lord Shipley Excerpts
Lord Shipley
“( ) Where regulations under subsection (1) apply to local authorities in areas not part of a combined authority, the Secretary of State may allow for the local authority to enter into collaborative working arrangements with a mayor or other appropriate governance structure operating in a city or metropolitan area.”
Lord Shipley (LD)
My Lords, I will speak to Amendment 44F very briefly. We had a helpful debate last week about the nature of a combined authority which had close to it less populated and rural areas that nevertheless were part of the urban area in terms of service provision. What we have here is a form of words which I hope the Minister may find helpful, in that it enables maximum flexibility but protects the rights of rural areas. It is a statement of principle about the opportunity for local authorities, which are not part of a combined authority but may be close to it, to enter into collaborative working arrangements with a mayor or other appropriate governance structure which operates in a city or metropolitan area. I hope the Minister finds it a helpful amendment because it is a statement of principle and would enable rural areas to feel more integrated, rather than taken over by urban areas. I hope she is able to think about this amendment and that we can pursue the matter further on Report.
Lord Liddle (Lab)
My Lords, Amendments 44H, 44J, 44K and 44L are in my name. They are probing amendments, and in speaking to them I am very proud to declare an interest as a member of Cumbria County Council. I speak to these amendments with the full support of the Labour leader of Cumbria County Council, Stewart Young. I very much hope that the outcome might be some kind of constructive cross-party—I emphasise that—dialogue between the county council, the generality of local government in Cumbria and DCLG Ministers about how best to streamline what are really cumbersome arrangements for local government in our county in the wider public interest.
We desperately need a simplification of the present structures to provide better value for money at a time when things are very tight and will possibly get a lot worse; to make local government more effective at doing its job with limited resources; to improve democratic accountability and closeness to the people for the entirety of the services that we deliver; and, most importantly in the context of the Bill, to enable the people of Cumbria and the new authorities in Cumbria to seize the opportunities for devolution of power from an overcentralised Whitehall that the Bill is all about.
The amendments are to Clause 10. We are quite far along in our deliberations but it is the clause that justifies the inclusion of “and Local Government” in the title of the Bill because it widens the scope of what we are talking about from what I think in reality initially started out as a big cities government Bill into something that can transform local government in many of our smaller city and county areas. I remind my Labour colleagues that I think this is in line with the party policy at the last election, where we stressed the importance of devolution to county regions as well as city regions.
Clause 10 does not seek to impose a single model on local authorities, and that is very welcome. That flexibility is right but the aim of the amendments in my name is to remove what we in Cumbria believe will be an insuperable obstacle to the necessary transformation of structures; that is, the requirement in Clause 10(3) that regulations can be made,
“only with the consent of the local authorities to whom the regulations apply”.
This requirement for local government unanimity—in my view and, I venture to say, in the view of many people in Cumbria—gives far too much weight and leverage to what I would describe as the forces of small “c” conservatism. I hasten to add that the position I am putting forward is supported by many large “C” Conservatives in the county. This is not a party issue; this is a view that unites people across the parties in my county council.
My amendments try to offer a number of options for what could take the place of Clause 10(3) to facilitate the creation of new single-tier councils in what are at present two-tier local government areas. I emphasise that in Cumbria that would not necessarily be a single, unitary council but it would be a streamlined model of authorities. In our view, substantial consensus in the community would be necessary to support such a measure but not unanimity, which experience has shown over 25 years—it has been 25 years since this was first discussed—is impossible to achieve. I am putting these amendments forward as options. Some are mutually contradictory. We are interested to hear what the Government think and whether they are prepared to move on this question.
Baroness Williams of Trafford
My Lords, I thank noble Lords who have all made interesting points this evening. On Amendment 44F, I can confirm that there is nothing at all which would prevent a local authority from working in partnership or collaborating with other authorities in its area, or across other areas. Indeed, the Government encourage collaborative working as an integral part of providing better services for local people and providing value for money for local taxpayers. However, we do not see that it is necessary for the Secretary of State to provide for any such collaborative working by order. It is for local authorities to enter into partnerships where they consider that it would be mutually beneficial and provide value for money for the taxpayer, and it is not necessary for such arrangements to be established in statute.
Amendment 44G seeks to insert a new paragraph into Clause 10(1), requiring the Secretary of State to have regard to the need to reflect the identities and interests of local communities and to secure effective and convenient local government. In response to the debate we have just had on this, and the number of interesting points that have been raised, I hope that it may be helpful to noble Lords if I set out briefly how we envisage that the Government may use the powers being taken under Clause 10 in support of any proposals that are submitted to us in the context of devolution deals.
The regulations in Clause 10 are not themselves about creating new governance structures, for example creating new unitary councils or merging councils. Rather, the regulations are about modifying the processes in particular cases. An example would be enabling, in the case of a particular deal, the processes for establishing new governance arrangements to be fast-tracked if all the councils involved consent. The processes for establishing unitary councils and merging councils are currently set out in Part 1 of the Local Government and Public Involvement in Health Act 2007. It may be that a bespoke devolution deal is agreed with an area which involves changing the governance arrangements in the area in a way that results in a move to more unitary structures, perhaps also involving some merging of authorities.
All the councils involved have agreed these changes. Furthermore, all these changes will have been developed as part of the discussions, negotiations, and engagement by councils with their areas, which have led to the development and finalisation of the deal. With the deal agreed, all will want to see it implemented as quickly as practicable. The regulations under Clause 10 can help fast-track the processes. These regulations can modify the application of the 2007 Act processes for bringing about these governance changes in the particular circumstances of this agreed devolution deal. Such regulations, which would require the approval of both Houses of Parliament, can be made only with the consent of the local authorities to whom they apply.
However, we do not see these regulations bringing into play different fundamental principles underpinning the Secretary of State’s consideration of matters as provided for by the existing statutory processes for making governance changes. We see them modifying such processes, such as the processes in the 2007 Act which I have mentioned in the example I have just described. Where the processes of governance change involve the Secretary of State being required to have regard, for example, to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government, this will continue to be the case. Accordingly, the amendment proposed is not necessary and I would hope that, given this explanation, the noble Lord will agree to withdraw it.
Amendments 44H, 44J, 44K and 44L appear to envisage a situation in which a change to unitary governance arrangements is supported by the local authorities that have agreed that such restructuring should form part of a devolution deal, and in relation to which the Secretary of State would then make regulations, but they cannot agree on the detail of such restructuring. In these circumstances, it provides that the Secretary of State may nevertheless make regulations, either with the consent of the principal authorities to whom the regulations are to apply; or after consideration of any demonstration of support from key organisations and citizens in the affected area; or, where provided, on the advice of the Local Government Boundary Commission for England. On the face of it, this amendment would provide the Secretary of State with some flexibility to determine the arrangements to be put in place where these cannot be agreed by the affected council, and to do so by drawing more widely on the views of others within the authorities or, indeed, other bodies.
However, this is to suggest that it is the Secretary of State himself who in some circumstances should be determining the aspects of the devolution deal. In reality, and as we have discussed, the process that we are putting in place and the flexibilities we seek to provide are all focused on ensuring that any proposals for a devolution deal put to the Government, and which may or may not include structural change, are negotiated and agreed with the Government by all the councils concerned. The purpose of any subsequent regulations made by the Secretary of State is to implement the proposals that have been agreed as quickly and effectively as is practicable and with the consent of the local authorities to which those regulations would apply. It is not the role of the Secretary of State to use the regulations he makes to paper over any cracks or to impose any kind of solution that does not reflect the deal that has been agreed.
At this point, I say that I have a lot of sympathy for the points made by the noble Lord, Lord Liddle. I can see exactly the problems to which he is referring. In a way, it is a test of the leadership in that area to agree. To amend that in some way undermines the whole process of devolution and the fact that this is an enabling Bill. I think that we had a corridor conversation at one point, and I am very happy to talk to the noble Lord on a one-to-one basis—if he was running Cumbria, he might have sorted something out by now because he seemed to have it absolutely right on how to do it. However, it does have to be locally led, but I am very happy to sit down with him and perhaps discuss some of the issues and see whether there are other mechanisms by which Cumbria’s ambitions could be realised.
Amendment 45A seeks to delete the provisions in the Bill providing that any regulations made under this clause are not to be considered to be hybrid. This approach of disapplying the hybridity processes from secondary legislation that makes provision about particular areas is well precedented. Our aim, as I have explained to the House, is to agree bespoke devolution deals with particular areas. To do this, we envisage following a process that begins with the Government having conversations with areas about their proposals, their ambitions and the aspirations of their communities. Through these conversations, agreement will be reached between the Government and an area on the deal; that is, the agreement about the powers and budgets to be devolved to the area and about the governance arrangements to be put in place to support these powers being confirmed on the area. Strictly, of course, those arrangements will be with the democratically elected representatives of that area. In developing their proposals and reaching agreement, those representatives will engage with businesses, communities and local people in that area; in short, they will engage with those who will be affected by and will benefit from the devolution deal.
The parliamentary process is to provide Parliament with the opportunity to agree or, if it sees fit, reject the devolution deal that the Government and an area have concluded. Parliament will have before it in the Explanatory Memorandums details of the devolution deal that the secondary legislation under consideration is seeking to implement. As I said in debates last week, I am prepared to consider whether it might be appropriate for further information to be made available about any devolution deal under consideration. In these ways, Parliament will have available to it all the information it needs to reach a decision on the secondary legislation, and those affected by the legislation will, through the local deal-negotiating processes, be able to make the inputs they may wish to the deal. There is thus no need in the case of these instruments to apply the hybrid procedures.
Further, and as we have discussed in previous debates, once the negotiation of any devolution deal has been concluded, we are anxious to ensure that the proposals can be implemented quickly and to the benefit of all concerned. The hybridity process would delay the delivery of those benefits. I hope that the noble Lords will agree not to press this amendment.
Amendment 48B would insert a new clause placing a statutory duty on the Secretary of State to provide a report to Parliament on the involvement of communities and local electors in the process of devolving power from central government to local and combined authorities. I completely agree that devolution proposals should show how communities will be engaged. However, the important thing here is not putting in place a tick-box requirement in legislation. Instead, the key issue is how central and local government work together to make sure that all deals include agreement on how power and responsibility will be shared with communities and individuals to mutual advantage. As with other aspects of a bottom-up exercise, obviously we would welcome applications from areas with ideas for incentives for this as part of any deal. The noble Baroness, Lady Royall, talked about the importance of counties; naturally we would love to hear from counties.
We believe that devolution to neighbourhoods can deliver better outcomes and more efficient services in many cases. We are aware of lots of examples of neighbourhoods and parishes taking on services. Cornwall, for example, has set out a framework for devolution to town and parish councils and community groups. We will be actively asking how local authorities will work with communities and neighbourhoods in delivering devolved services, and I have asked my officials to work with places in developing further ways to incentivise this.
There are already mechanisms—for example, parliamentary Questions and debates—by which Parliament can call Ministers to account. The secondary legislation to complement each deal will be scrutinised by both Houses of Parliament and approved by them. This is a process that involves a detailed Explanatory Memorandum being laid before Parliament.
A process for evaluating the progress on deals will be discussed with each area on a case-by-case basis. For example, as part of its devolution deal, Greater Manchester will be required to put in place an extensive programme of evaluation, agreed by the Treasury. Evaluations will be public documents, available to all Members of the House. Accordingly, I do not believe that it is necessary to place a statutory duty as per these amendments.
I have a final point in response to the noble Lord, Lord Woolmer, who made a crucial point about wider endorsement by the public. While this is not the London mayor, and Greater Manchester and Cornwall are not London, I see the London mayor as an example of where, as time has gone on, not only has the mayor been better understood by the public but the engagement of both Mayor Livingstone and Mayor Johnson with the people of London has enhanced that role and made it a very compelling one. In previous years it was a question of, “Who will we get to stand as mayor?”, but it has now become an attractive and competitive thing to do—witness the number of people from all parties who are putting themselves forward for it. I take the noble Lord’s point, and I do not think we should forget it in these discussions.
With these explanations and assurances, I hope that the noble Lord will feel content to withdraw the amendment.
Lord Shipley
My Lords, I am grateful to the Minister for her response to Amendment 44F, and in particular for her reassurance that collaborative working arrangements between a rural area and a combined-authority urban area would not be impossible if an amendment was not approved as part of the Bill.
I thank the noble Lord, Lord Liddle, for giving a very good example of what I was talking about relating to the transport corridor between north Cumbria and the north-east of England. We just need to be certain that we do not need statutory arrangements in place with a combined authority in the north-east that would enable, or make it easier for, the north of Cumbria to engage with that.
Mention was made, I think by the Minister, of the work of Cornwall. Tribute should be paid to Cornwall not only for what it has done with its governance structure—it is now a unitary council—but for the way in which it has moved forward with the devolution agenda. I hope that in the course of the next few years other areas will see that as something that can be followed. I welcome the debate that we have had on this and beg leave to withdraw the amendment.
Lord Shipley
“( ) Before making regulations under subsection (1), the Secretary of State must be satisfied that the local government electors in the appropriate local authorities have been properly consulted by the local authorities who are consenting to the regulations under subsection (3).”
Lord Shipley
My Lords, I can be brief because the noble Lord, Lord Woolmer, has addressed part of the aim behind this amendment. As it stands, the Bill gives the power of consent on governance arrangements to local authorities. Amendment 45 requires that,
“the Secretary of State must be satisfied that the local government electors … have been properly consulted”.
In one sense and at its simplest, that could be a referendum. However, it is not quite the same thing as a consultation because that enables a debate without there necessarily being a vote to follow it. But if there is not to be a referendum, and I understand the arguments against, we need to be clear that there has been a consultation which is extensive, meaningful, and results in the proposal commanding broad public support. I beg to move.
Lord Beecham
My Lords, I have to say that I regard this amendment as somewhat unreal. I had the pleasure of working in three places during the recent general election: first, in my own authority of Newcastle; secondly, in the only seat that Labour retained in Scotland, clearly thanks to my superhuman efforts; and thirdly, in Stockton-on-Tees. The relevance of the last is that more posters were exhibited in Stockton-on-Tees for the Thornaby Independent Association than there were for all the other political parties put together; it is an association for the Thornaby part of the constituency.
The notion that electors are committed to the structures which have been created over time is somewhat fanciful. The good residents of Clara Street, in the ward of Benwell in the west end of Newcastle, which I have represented for approximately a fortnight longer than the Minister has graced this earth—that is, dare I say it, just under 50 years—are not consumed with interest in the governance structures of the local authority. I shall use the phrase again: it is quite unreal. Of course they talk of nothing else but the constitution of council committees in my ward and other places. What the amendment seeks to do is prescribe that, in some undefined way, the Secretary of State has to be satisfied that local government electors have been “properly consulted”, whatever that means, on the details of the procedures laid out in Clause 10. The clause covers the governance arrangements of local authorities, their constitution and membership, and the structural and boundary arrangements in relation to them. It goes on to state,
“‘governance arrangements’ means the executive arrangements, committee system or prescribed arrangements operated by a local authority under Part 1A of the Local Government Act 2000”.
In those 48 years, I have not had a single question addressed to me by a constituent on any of these matters. It may be that I am in an unusual position, but I suspect not. It may be that the constituents of the noble Lord, Lord Shipley, in another part of Newcastle where he was a long-serving councillor, were somewhat more engaged with the minutiae of governance structures, but I am somewhat sceptical that that occurred even then. What is suggested in the amendment is effectively undefined and unworkable, and it is not something we can support. I regret to say that when the Minister, as I expect she will, says that it is not necessary or that she does not understand it, or possibly both, I will concur with her entirely.
Baroness Williams of Trafford
I am sorry to hear that the noble Lord will regret that we concur; we quite often concur. It is not at all unreasonable to consider that, as the elected representatives of those areas seeking devolutions work up their proposals, they will have considered carefully what the communities, local people and businesses in their areas want and expect. It is not at all unreasonable to believe that those elected representatives will have thought deeply about how to implement the proposals they are seeking, what those proposals will mean for those areas, and how those proposals will affect the local people who live or work in those areas. We can be confident that local representatives have ensured that they have engaged with their communities and their electorate to whatever degree, and in whatever manner, they judge necessary in respect of the many different elements that may be in the proposals they put to the Secretary of State.
In these unprecedented processes to deliver devolution, it is not right that we start inserting detailed requirements about the Secretary of State having to second-guess those democratically elected locally, or to be required to form a view as to whether, in his opinion, those democratically elected local representatives have acted as they should. Therefore, I hope that the noble Lord will withdraw this amendment.
Lord Shipley
I am grateful for the contribution of the noble Lord, Lord Beecham. I will say two things in response. First, perhaps he would like to have a conversation with the noble Lord, Lord Woolmer, who took a very different view a moment ago about the importance of consulting local people. I agree with the noble Lord, Lord Woolmer. If you want a government structure to stand the test of time with public support, the public has to be engaged at an early stage rather than a later stage. The second point I make to the noble Lord, Lord Beecham, is that some combined authorities are now undertaking the very same consultations that I was talking about. Indeed, the one very close to the noble Lord, Lord Beecham, in the north-east of England is undertaking a public consultation about future governance arrangements. I welcome that. It is hugely helpful that it does.
We will reflect on what has been said and possibly come back with something on Report, but for the moment I beg leave to withdraw the amendment.
Lord Shipley
“Independent review, support and governance
(1) It shall be the duty of the Secretary of State to lay before each House of Parliament each year a report about devolution within England and Wales pursuant to the provisions of this Act (an “annual report”).
(2) An annual report shall be laid before each House of Parliament as soon as practicable after 31st March each year.
(3) The Secretary of State may by regulations make provision for an Independent Commission or Advisory Board to undertake a review and perform an advisory role in relation to—
(a) reviewing orders and procedure arising from the Secretary of State’s decisions; and(b) requests for orders received from combined or single local authorities.”
Lord Shipley
My Lords, the amendment aims to help drive forward positive progress on devolution within England. It says that the Secretary of State should,
“lay before each House of Parliament each year a report about devolution”.
It suggests that:
“The Secretary of State may by regulations make provision for an Independent Commission or Advisory Board”,
to undertake a review and perform an advisory role in assessing at a national level and across Whitehall what has been achieved.
Broadly speaking, the amendment derives from the conclusions of the City Growth Commission, which established five progress tests on devolution in England—the first on funding, the second on Civil Service and parliamentary reform, the third on partnerships, the fourth on speed and direction of travel and the fifth on cities’ capacity. The aim of our amendment is to help the process and the aims that the City Growth Commission put in place. I beg to move.
Baroness Williams of Trafford
My Lords, this is an enabling Bill to put in place the primary legislative framework for the devolution of powers and budgets in England to boost local growth in England. Devolution in Wales is to be subject to separate legislation which the Government are committed to bringing before the House. The question of the devolution of powers to areas within Wales will largely be a matter for the Welsh Government and the National Assembly for Wales.
More fundamentally, as we discussed in earlier debates on this Bill, while it is important that Parliament should be able to question and hold the Government to account both on their pursuit of devolution and decentralisation and on the progress being made in those areas which have agreed devolution deals, a statutory requirement on the Secretary of State to report annually is not necessary. There are already mechanisms by which Parliament can ask Ministers to account for anything within their remit. These are opportunities that both noble Lords and Members of the other place take regularly.
A process for evaluating the progress of devolution deals will be discussed with each area on a case-by-case basis. For example, as part of its devolution deal, Greater Manchester will be required to put in place an extensive programme of evaluation agreed by the Treasury. There will be public documents available to all with an interest in the area on the progress it is making. Accordingly, it is not necessary to place statutory duties on the Secretary of State, which would be a duplication of a well-tried process.
With that explanation, I hope the noble Lord will feel able to withdraw his amendment.
Lord Shipley
My Lords, I am grateful to the Minister for her response. We will look carefully at what she has said and consider whether there is a need to pursue this matter further on Report. For the moment, I beg leave to withdraw the amendment.
Lord Shipley
“Governance arrangements of local authorities in England: election of councillors
(1) Section 36 of the Representation of the People Act 1983 (local elections in England and Wales) is amended as follows.
(2) After subsection (1) insert—
“(1A) Rules made by the Secretary of State under subsection (1) must ensure that each vote in the poll at an election shall be a single transferable vote.
(1B) A single transferable vote is a vote—
(a) capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.”
Lord Shipley
Amendment 47 takes us to the heart of an issue that we have talked a great deal about over the three days in Committee. We have discussed the creation of one-party states; the need for accountability and legitimacy, and for properly functioning overview and scrutiny structures; and the need to ensure that the public back devolution and the powers and responsibilities that come with it.
We have expressed many concerns in Committee about the creation of the one-party state. One solution to the problem is to introduce proportional representation, using the single transferable vote, into local government. It would strengthen governance, increase transparency and improve accountability because there would be more opposition councillors. That might change the membership of the combined authority and would certainly alter the make-up of overview and scrutiny committees.
Amendment 47 would prevent a one-party state from arising. As more has been devolved in recent years across the UK, so the powers devolved have been accompanied by changes to more proportional voting systems. As more political parties exist and grow stronger, so our governance structures need to reflect that. Proportional representation enables that. They have it in local elections in Scotland. In England, five parties have significant public support in local elections and it is right that the electors who support those parties all feel represented. A system of proportional voting helps not only in delivering fairer overall representation but also, through STV, enables voters to choose an individual as their preference within their party of choice rather than simply having to vote for the candidate selected by that party in their ward.
Earlier, I mentioned Scotland, where the single transferable vote was used in council elections in 2007 and 2012. In Scotland there are no longer uncontested council seats and there are no one-party states that do not reflect that party’s share of the vote. In England and Wales there are more than 100 councils where one party has more than two-thirds of all seats. Scotland has none. In England in 2011, 24 councils saw 10% or more of their seats uncontested. Scotland has not had an uncontested election since STV was introduced in 2007.
I want this Bill to succeed in its broad strategic ambitions but I do not think it will without public support for the governance structure. Hence our concern that local government, combined authorities and elected mayors should all command public support. The elected mayor in this Bill is to be elected by the supplementary vote system. But more broadly, the use of the single transferable vote system in elections would help us to achieve public legitimacy and accountability in the structure of governance. It will prevent a one-party state arising and it will ensure adequate overview and scrutiny. It will almost certainly increase voter turnout because everyone’s vote will count. This amendment is a solution to the problems that we have identified with the democratic legitimacy of the combined authority structure. I hope it will command the Government’s support. I beg to move.
Lord Tyler (LD)
My Lords, I am delighted to support my noble friend. In recent years, Parliament has been prepared to find fairer voting systems for everybody else: for Northern Ireland, for Scotland and for Wales, and even for the European Parliament. But of course the House of Commons has been a step too far. That does not mean that your Lordships’ House should not look carefully, in the context of this debate, at the failure of the present system to provide effective and representative local government. In recent weeks a number of Labour Peers, who have previously been opposed to electoral reform, have expressed support for it. I was taken by the contribution of the noble Lord, Lord Cormack—I am sorry he is not still here—who said in our debate on 15 June, expressing some support for my views, that,
“at the beginning of a new Parliament, there is a strong case for a commission or committee of both Houses—I am a great believer in committees of both Houses—to look at our electoral system thoroughly, dispassionately and in an unbiased way to see how we can improve it and make it clearer and more consistent, with the fundamental aim of engaging the interest of people, particularly young people and those who do not necessarily have a long history of residence in this country”.—[Official Report, 15.6.15; col. 1061.]
The noble Baroness, Lady Royall, made a similar point about disengagement and re-engagement a few minutes ago.
Local elections in England and Wales are so badly distorted by the system, as my noble friend said, that, in theory at least, we have to look carefully at what they are doing to the confidence that our fellow citizens have in the system. But we now have hard evidence of what can be done by an improvement to the system, as my noble friend has said. Thanks to Dr Lewis Baston, who has undertaken an analysis of the two rounds of STV votes in Scotland, there has been a considerable increase in fair-minded assessment. Under the STV system in 2007 and 2012 for local authorities in Scotland, the immediate increase in the number of those who actually had an impact on the result was dramatic, going from 40% or 45% to 75%. In Dr Baston’s terms, these are “happy voters”—they have had a result. Even more significantly, he goes on to show that if second and subsequent preferences are effective, the percentage of those who are satisfied can rise to 90%. There will be control freaks, in all parties, who take the view that this is dangerous territory because it gives so much choice to the electorate. Frankly, I think it is the consumers of the local democratic process who we should be interested in. It is clear that they are extremely satisfied with the way in which it now operates in Scotland. When he or she votes they get a much more representative outcome and, I think, a resultant quality of service and accountability. From an elector’s point of view, this is surely the moment we have to move on.
I draw your Lordships’ attention to the fact that a large number of the cities, boroughs and counties in England where a majority has been given, on a minority vote, to one particular group or party for a very long time have been the ones that have failed. That is why it is extremely important that we listen to those who have identified these problems in England and Wales and we should look particularly at the evidence given by the Electoral Reform Society to us—all those involved in this Bill—that there is a real danger of a rise in cronyism, petty corruption, undue secrecy of decision-making and widespread disenchantment with the whole political process. Unless we make some change to this Bill, that will extend to the constituent authorities and the combined authorities under the Bill.
Baroness Williams of Trafford
My Lords, we debated this previously in earlier debates. Amendment 47 would amend the Representation of the People Act 1983 to provide that all local elections in England and Wales would be by single transferable vote.
For the single transferable vote system to function effectively, multi-member electoral areas would be required. As many existing electoral areas in England have only one councillor representing them—for example, nearly all county councils—it would require a review of local government electoral areas in England by the Local Government Boundary Commission for England. It could therefore not be introduced, even if it were desirable, within any short timescale. It would also cost more and take longer to achieve a result because of the more complicated count processes.
The noble Lord, Lord Kennedy, asked me to list the myriad electoral systems. The Mayor of London is elected by the supplementary vote system. European elections use the d’Hondt system of PR and local government is first past the post. That is three that I can name; I am sure that there are more. But I hope that on the basis of this short debate, the noble Lord will feel content to withdraw the amendment.
Lord Shipley
My Lords, I listened to the very brief response from the Minister. This will be an issue that we will want to come back to on Report. I find it difficult to understand why this is deemed a step too far in England and Wales when it is not a step too far in Scotland and has proved to be an enormous success. There are occasions when we should learn from the Scottish experience, for example with participation rates, an abolition of uncontested elections and an end to one-party domination. Of course, in the context of first past the post at parliamentary level, we have a one-party state out of Scotland with all but three seats in the hands of one political party. If we had proportional representation using an STV system in the parliamentary elections in Scotland, that would not be the case. In local government there is STV and it has had a profound and positive effect.
Our concern throughout this Committee has been to prevent absolute power through the elected mayor, combined authority and the overview and scrutiny function lying with the same political party. In some cases, a combined authority would have no opposition councillors of any kind on it, caused by the voting system that we are using. I give notice that I think we will come back to this on Report—but, having said that, I beg leave to withdraw the amendment.
Lord Kennedy of Southwark
My Lords, this proposed new clause to be inserted after Clause 10 gives effect to the policy of my own party and that of the Liberal Democrats to allow citizens upon reaching the age of 16 to vote in elections. In this case, the entitlement is for local government elections only. I suspect that this amendment is not going to receive a favourable response from the Government, which is most unfortunate.
The amendment proposed by the noble Lord, Lord Tyler, and supported by the noble Lord, Lord Shipley, my noble friend Lord McKenzie and me is one that the Government really should have a more open view of rather than the all too familiar no that we have been getting when this issue has been raised in recent times. I am well aware that the noble Lord, Lord Cormack, who is not in his place at this late hour, is not a supporter of this policy. However, when we spoke in your Lordships’ House recently, he made some excellent points that I agreed with very much. They regarded the need for much more citizenship education, which I think is very important. I see a programme of that sort of education leading to actually being able to register and to vote at 16. We do not have that at the moment, which is very much to be regretted. The arguments for allowing people to vote at 16 have been rehearsed many times before. It has been a policy in the manifesto of the Labour Party and, of course, the Liberal Democrats. It is also a policy of the Scottish National Party, the Greens and, of course, the Scottish Conservative Party, whose leader, Ruth Davidson MSP, said that she was a fully paid-up member of the vote-at-16 club. I am not sure what the position of Plaid Cymru is, but I am sure that it would support the policy as well.
As the noble Lord, Lord Tyler, said, the game changer was the decision taken to allow people at 16 and 17 to vote in the Scottish referendum last year. As he said, the young people embraced their civic duty with pride and a real sense of responsibility, and they were part of the decision on the future path that their country decided to take. It was the right thing to do and it is generally accepted across civil society that it was a good thing. After the referendum, the Scottish Parliament voted unanimously to allow votes at 16 for all elections to Holyrood, and next year 16 year-olds will vote for the new Assembly in Scotland. I am sure that the Welsh Assembly will take a similar view. We are in a position whereby, in different parts of the United Kingdom, there are different ages at which people can vote, which is not a good place to be. It is a mess, and one that this House should address.
What is also interesting is that in the three Crown dependencies close to Great Britain, you can vote at 16: in the Isle of Man and the Bailiwicks of Jersey and Guernsey. You can also vote at 16 at certain elections in Germany and Norway. I have no doubt that this change will happen, and sooner than most people think, and for me it cannot come soon enough.
Has the Minister seen the report from the Election Commission on the progress of moving to IER? Here we are talking about votes of 16 and 17 year-olds when, due to the action of the previous Government—who of course included the Liberal Democrats, so they cannot get away with this one—as of May 2015, the number of 16 and 17 year-olds actually registered to vote has dropped by 47%. There are now only 247,705 people registered to vote as of February 2014. That is a shocking figure and one that both parties in the coalition should be rightly ashamed of. Perhaps in responding the Minister would agree with me that EROs need to take the issue of engagement properly and work particularly to get these young people back on to the register, working with schools and colleges, as takes place in Northern Ireland. It was right when the Labour Party called for EROs to be given a duty to get everybody aged 16 and 17 on to the register.
In conclusion, I support the amendment, and I am sure that the policy change will happen. However, we have a real problem with young people not being on the register, and we need to do something about that.
Lord Shipley
I add two facts for ministerial consideration. One fact that really struck me about the Scottish referendum was the very high turnout rate of 75% of 16 and 17 year-olds, when for the 18 to 24 year-old age group it was only 54%. That is very marked. What it demonstrates is a clear interest in current affairs and their futures. The question is whether an age group that can demonstrate such a commitment to thinking about their future should be denied a vote generally.
Secondly, decisions are made regularly by local councils which impact on the daily lives of 16 to 18 year-olds. A very good example is the cost of public transport for young people—the cost of bus services, urban rail systems and so on. I have come to the conclusion that the voice of those young people is not adequately heard. I am in favour of votes at 16 and have been for many years, but I am even clearer now that the time has come to implement the change that Scotland has trail-blazed.
Baroness Williams of Trafford
My Lords, there is no doubt that the Scottish referendum and debate was unique, certainly in my lifetime, in engaging the public in the way it did. Participation in that election by people from all age groups, including 16 and 17 year-olds, was like nothing we have ever seen before. We can all look at it, wonder why we do not engage better with people from all age groups and reflect upon it. Amendment 48 would change the franchise for those entitled to vote in local elections in England and Wales to include 16 and 17 year-olds. As we have discussed, the Bill provides that the franchise for electing mayors for a mayoral combined authority is the same as that for all local elections in England, where the voting age is 18.
More broadly, of course, the voting age for parliamentary elections is set at 18, and beyond that the voting age in most democracies, including most member states in the EU, is also 18. Only Austria in the EU allows voting for 16 year-olds. We have heard the argument about the franchise in Scotland, but this was decided in Scotland, as is its devolved right, just as it is right that decisions about the franchise for elections that take place in England should be decided by this Parliament. I am sorry to be a party pooper at this time of night, but the Government have no plans to lower the minimum voting age and I am clear that the Bill is not the place to take steps to change the arrangements for local elections. I am sure that even proponents of lowering the voting age to 16 agree that, were it to happen, it should be only following detailed debate.
I have not read the report on IER but I wholeheartedly agree with the noble Lord, Lord Kennedy, about EROs engaging in getting people in general registered to vote, and certainly those younger age groups. On that basis I hope that the noble Lord, Lord Tyler, will feel happy to withdraw his amendment.