Levelling-up and Regeneration Bill

Lord Shipley Excerpts

Report stage
Tuesday 11th July 2023 Lords Chamber

[Lord Lansley (Con)]

My Lords, in this group Amendment 2 in my name returns to an issue that we debated in Committee. Noble Lords who were present on that occasion will recall the debate and I will refer to it again in a moment, but I think it is useful to return to it, because it touches upon the broader question of the relationship between the laying of a statement of the levelling-up missions and parliamentary scrutiny of that—or indeed, parliamentary scrutiny of subsequent reports.

We just touched on the timing of all of these. For the benefit of the House, as it happened, I was looking at the timing of the reports and the statements. We are in a position now where we are 17 months on from the Government having published their levelling up White Paper. Technically speaking of course, when this Bill is enacted, the mission periods for the levelling-up missions will restart, since under the Bill as it stands the mission period for the levelling-up missions cannot be dated back to before the enactment of the Bill itself. As far as I can see, we are going to have a new statement of levelling-up missions at that point, and the mission period will clearly run to 2030, since all the levelling-up missions in the White Paper run to 2030. That satisfies the provision that it cannot be less than five years for the mission period.

My amendment relates to what Parliament does when it receives a statement of levelling-up missions. Under the Bill, strictly speaking, it does nothing; it waits until it receives a report. Let us imagine what happens to this Parliament in relation to such a report. The mission period starts two months after enactment—let us say, for the sake of argument, that it will be January 2024. The mission period could be delayed up to a month later under the provisions of Clause 1, so that gets us to February 2024. The 12-month report, therefore, takes us to February 2025, and the report could be received up to 120 days after the end of that 12-month period. So, the first report on levelling-up missions is already certain to take place after this Parliament has been dissolved and is likely not to be received by Parliament until the middle of 2025. That is the first point at which a report is likely to be received.

There is an interesting amendment in this group—Amendment 12, if I recall correctly—which relates to evaluating the levelling-up missions, in relation not only to Ministers’ assessments but to the assessments of the independent advisory council. We discussed the independent advisory council previously; we do not have its view formally on the levelling-up missions and progress. However, as we discussed previously, I think there is some merit in that amendment and that the independent advisory council should provide detail on the report.

The point of my amendment is to say that, when a statement of levelling-up missions is laid before Parliament, Parliament should have an opportunity to debate it if it feels strongly about it. That is not quite what my amendment says. I have adapted a legislative provision which Ministers introduced into the Procurement Bill—which is now in the other place—that, if the national procurement policy statement is the subject of a Motion critical of it within 40 days, Ministers would withdraw that statement. My amendment shortens the time period ever so slightly, the implication being that if Parliament has a problem with a statement of levelling- up missions, the time to do something about it would be when the statement is laid, not to wait what could be 15 months to look at the first report and express reservations about that.

From Ministers’ point of view, my noble friend Lord Howe, in the debate we had in Committee on 20 February—time has passed, has it not?—said that

“it would be extremely unlikely for any government to ignore the view of either House of Parliament if that view had been expressed in the form of a Motion that had been widely supported”.—[Official Report, 20/2/23; col. 1467.]

My difficulty is this: as a former Leader of the House of Commons, I can see that if the Opposition had a problem with a statement of levelling-up missions in the other place, the likelihood is that they would have time within 30 working days to lay a Motion and to debate it. It is not so straightforward here, and there are no formal processes associated with a statement of levelling-up missions. If we were to include my amendment, we would create an expectation that, if such a Motion were tabled, it should be debated within a short period of time.

That is necessary because the statement of levelling-up missions is, of itself, of importance. It is a major statement of government policy. I am assuming that the statement that will be laid, potentially at the end of this year, will be the same as the statement of levelling-up missions published on 2 February 2022. It may not be—there is nothing in the Bill that requires it to be.

My point is that what is in the statement of levelling-up missions is the Government’s responsibility. I am afraid that I do not agree with the other amendments in this group and the next which try to substitute the view of Parliament about what government policy should be for the view of the Government themselves. The statement of levelling-up missions is a central statement about government policy on the reduction of geographic and other disparities across the nation, and it is for government to set out what they are. My principle is very straightforward: government propose; Parliament disposes. By what mechanism will Parliament dispose of the statement of levelling-up missions? At the moment, the implication is that it does not do anything about them; it just waits for a report, which may be some time off in the future.

Amendment 2 is very simple. It says that when the Government publish a statement, Parliament should have an opportunity—not a requirement, but an opportunity—to look at the statement and, if it objects, table a Motion and express its disapproval, which is exactly what my noble friend Lord Howe said. However, we have to create an opportunity for that to happen. If such a Motion were supported by either House, it would be right for Ministers to withdraw the statement and revise it. The amendment does not tell them what to put into their statement; they could carry on with the same statement and try to reintroduce it with the same missions, or they could adapt the missions. However, I do not think it correct that they should proceed without any reference to Parliament or any opportunity for Parliament to express a view about the statement of levelling-up missions.

I hope my amendment is supported. I have sympathy with Amendment 12, on the independent advisory council, but I do not agree with amendments that are trying to substitute the view of this House at this moment for the Government’s view on what the policy on levelling up should be. That is for government to do. On that basis, I beg to move Amendment 2.

[Lord Shipley (LD)]

My Lords, I rise to speak to Amendment 6 in my name, but first, I point out that the noble Lord, Lord Lansley, has raised a number of important issues of process and timing. I look forward to hearing the Minister’s response, because Parliament will have to work around them. The noble Lord pointed out that that it is now 17 months since the White Paper was published and that the way things are, with a general election pending, we are likely to hear more about the levelling-up missions in 2025. As I understood it, he said that it would be useful if Parliament could debate the missions earlier, and he is right.

However, I do not agree with the noble Lord regarding my Amendment 6, on which he poured a little cold water. It is actually about indicators, not missions: it is about how you measure, through missions and metrics, how successful the Government have actually been in delivering on their objectives.

I remind the House as we start Report that I am a vice-president of the Local Government Association. My amendment would define the criteria that should be used to evaluate the success or otherwise of levelling-up policies across all government departments. I emphasise the obvious point that that levelling up is not just for the Department for Levelling Up, Housing and Communities to pursue. Indeed, as the noble and learned Lord, Lord Thomas, said in the previous group, we must tie funding to the levelling-up missions across Whitehall. By implication, that is fundamental, because all departments are supposed to be driving levelling up, so we need to be able to assess how successful they have been in doing that.

My amendment states:

“A statement of levelling-up missions must include an assessment of geographical disparities in the United Kingdom, broken down by local authority and by postcode area and council ward”.


Let me be clear: “postcode area” means the first three or four digits of a postcode, not the second half. Otherwise, I do not see how, if we talk only in terms of regions of England, we ensure that all parts of England are being considered for those outcomes. We have to cover urban, rural and coastal areas—all parts of England. We therefore have to have systems that will produce the evidence we need.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, Amendment 2, in the name of my noble friend Lord Lansley, would require a Minister to withdraw the statement if either House of Parliament resolves not to approve it. The statements of levelling-up missions, the annual report, the revisions to the missions and revisions to the metrics supporting missions will already be laid before both Houses of Parliament. This already provides numerous opportunities for Parliament to scrutinise the activity of the Government on levelling up. Going further in this way could take up significant parliamentary time and giving a veto to Parliament on a statement of government policy, which is fundamentally different from legislation or guidance, would not in our opinion be appropriate. Of course, as my noble friend said in Committee, Parliament can at any time put a Motion for debate on any issue. That is always possible for both Houses to do.

Amendment 6, in the name of the noble Lord, Lord Shipley, would require the Government to publish an assessment of geographical disparity, with reference to defined criteria, alongside the statement of missions. But as set out in the levelling up White Paper, the missions are already supported by a range of clear metrics to assess different aspects of geographical disparities and measure progress in addressing these. These metrics take account of a wide range of inputs, outputs and outcomes and, in the vast majority of cases, they draw upon publicly available datasets. An additional assessment of geographical disparities risks being duplicative.

Further, as with the missions themselves, specifying reporting metrics in legislation would make reporting far too rigid. While disparities exist at regional, local authority, ward and even street level, the appropriate unit of comparison will vary depending on the mission or policy area. Governments must be able to adapt reporting to reflect changing contexts, without cumbersome revisions to primary legislation. The statement of levelling-up missions is intended as a statement of government policy, which will set out those admissions and metrics, while the annual report will report against those metrics. Having requirements to assess disparities according to specific criteria in the statement would pre-empt that annual report.

Amendment 10, in the name of the noble Lord, Lord Foster of Bath, would require the Government to publish a rural-proofing report alongside the first statement of levelling-up missions. The noble Lord is right to highlight the challenges facing rural communities, as are the noble Lords, Lord Curry of Kirkharle and Lord Carrington, but the annual rural-proofing report is the key tool in highlighting this work. The second of those reports, Delivering for Rural England, is out. It sets out further details on the Government’s approach to levelling up rural areas.

In addition, last month the Government published an action plan detailing their ongoing work and future plans to support rural areas. The noble Lord, Lord Foster of Bath, mentioned that, coming out of that, we are providing £378 million in ring-fenced grants for rural areas, to fund energy-efficiency and clean heating upgrades for low-income households living off the gas grid in England. We also announced a £2.5 million fund to boost the supply of new affordable housing to rent or buy in rural areas, by creating a network of new rural housing enablers. As noble Lords said, we are also supporting community ownership of vital rural assets, such as pubs and shops, through the £150 million community ownership fund. These are areas across government where we are supporting the rural economy and rural England, and this will come out of those rural- proofing issues. I will mention more of this in a minute.

Amendment 12, in the name of the noble Baroness, Lady Hayman of Ullock, seeks the publication of a report by an independent advisory body on progress against the levelling-up missions. Through the provisions we seek to put in statute in the Bill, we are committed to enabling Parliament, the public and experts to scrutinise our progress against our missions and in reducing geographic disparities, and to hold the Government to account. Many think tanks and academics are already scrutinising our performance on levelling up. Through my department’s spatial data unit, we are embracing and seeking to build on this engagement, including through work to improve the way in which government collates and reports on spending and outcomes and considers geographical disparities in its policy-making. That is not just in my department but across government.

As noble Lords will know, we also established the independent Levelling Up Advisory Council, chaired by Andy Haldane. The council, which provides very candid advice to Ministers and conducts independent research for the levelling-up agenda, has met nine times already. I am confident that these provisions and commitments will ensure transparency, scrutiny and accountability on the levelling-up missions, and on the way in which geographical disparities are defined, measured and addressed, without adding any unnecessary proliferation of public bodies.

Amendment 14, in the name of my noble friend Lord Holmes of Richmond, would oblige the Government to publish a report that considers establishing a task force to help increase the effective use of robotics and automation and to consider the impact on regional disparities. The Government are hugely committed to reducing barriers to innovation, which is why we committed almost £200 million in funding to manufacturers through the Made Smarter programme, and we are already convening a Robotics Growth Partnership with leaders across academia and industry. The Levelling Up Advisory Council is considering how to improve the uptake of productivity-enhancing technologies. Given the work that is ongoing already, we do not believe that a task force is necessary. Should government find it desirable to establish a task force in the future, I assure my noble friend that it will not be necessary to legislate to establish one.

Amendment 303, in the name of the noble Lord, Lord Foster, would require a rural-proofing report on how

“the measures contained within the Act will address the needs of rural communities”.

As I highlighted, the Government already have extensive rural-proofing mechanisms which ensure that the unique challenges of rural communities are considered in all our policy-making. The Government undertake robust impact assessment processes when introducing any new policy. The Bill is subject to the same scrutiny and therefore has been assessed accordingly to ensure that all communities, including rural ones, are sufficiently considered. Given the existing mechanisms in place, we do not believe it is necessary to impose a further condition on the provisions of the Bill.

I hope that this provides the necessary reassurance for my noble friend Lord Lansley to withdraw his amendment and for the other amendments to not be moved.

[Lord Shipley (LD)]

Before the Minister sits down, perhaps she might explain a little further about the Levelling Up Advisory Council. I think I heard her say that is has now met nine times. Is the advisory council publishing its papers and the minutes of its meetings? I am led to believe that it has not been doing so. Is that the case and, if so, would it not be better if the papers and minutes of its meetings were published?

--- Later in debate ---

Moved by

[Lord Shipley]

6: Clause 1, page 2, line 3, at end insert—
“(2A) A statement of levelling-up missions must include an assessment of geographical disparities in the United Kingdom, broken down by local authority and by postcode area and council ward.(2B) An assessment of geographical disparities must consider—(a) levels of public spending, both capital and revenue,(b) levels of private sector inward investment,(c) levels of disposable household income, (d) levels of employment, unemployment, and economic inactivity,(e) differences in housing supply and tenure,(f) levels of educational attainment,(g) numbers of young people not in education, employment or training,(h) levels of child poverty,(i) success of government policies in reducing health inequalities,(j) the availability and cost of public transport, and(k) levels of fuel poverty.”Member's explanatory statement
This amendment would define criteria that should be used to evaluate the success or otherwise of levelling up policies across all government departments.

[Lord Shipley (LD)]

My Lords, I listened carefully to the Minister’s reply on my amendment, in which she said that there are clear metrics. I wish to disagree. We learned a moment ago that there is no rural-proofing in the metrics. Indeed, if one takes bus services as an example, the metrics talk about the

“average excess waiting time for frequent (bus) services … the percentage of non-frequent bus services running on time”,

and so on. The metrics actually need to ask: “Is there a bus service at all in my area?” So I do not accept, I am afraid, that the metrics are clear.

My amendment would help to solve the problem of having a standard so that trend analysis can be done on the metrics. If the Government can change metrics, that can make it difficult to achieve sustainable, long-term trend analysis. My amendment would meet that problem; I very much hope that the House agrees. I therefore beg leave to test the opinion of the House.

--- Later in debate ---

[Lord Shipley (LD)]

My Lords, I have learned a lot in the last 10 minutes. I did not know all of that detail.

[Lord Hunt of Kings Heath (Lab)]

There is more.

[Lord Shipley (LD)]

Well, I just hope the Minister might be able to put our minds at rest. The word “gerrymandering” springs to mind. I sincerely hope the Minister can allay any concerns we might have about that. I think the words “sham consultation” were used. I hope the Minister will be able to put our minds at rest on that. It might be helpful if she just said that there was no truth in these rumours at all and that there will not be any overfast consultation on this matter.

That leads me to say that, although I am not a signatory to Amendment 53A, I very much support it. I hope the Minister will be able to explain a little more what the Government’s thinking is on that. However, I am a signatory to Amendment 52. This is all related; there is a serious issue to address. Had I realised that this was going on when I signed Amendment 52, I would have signed Amendment 53A as well.

I have three amendments in this group, Amendments 37 to 39, which would all do the same thing. I will keep this very short because I have no intention of pressing anything to a vote, but I am still surprised that the Government have these clauses in the Bill. I have never understood them. Those of us who have been in combined authorities or have worked in or around them, sometimes with mayors, know that the public have got used to the title “mayor”. I want to eliminate these clauses because the titles that the Government propose as options are confusing to the general public. The reason given comes at line 25 of page 35 of the Bill, which says that the CCA can consider having a title that it feels is more appropriate than other titles that are offered as options,

“having regard to the title of other public office holders in the area of the CCA”.

I recall the Minister explaining in Committee that that was because there were other public officeholders called “mayor”: the mayor of a county, or a lord mayor. Those areas that have been working with the mayoral model for a combined authority for some time have got used to it.

I find the alternative titles offered in Clause 40 confusing. The mayor could become a “county commissioner”, which is used in other countries but is not part of British constitutional thinking. They could be a “county governor”. Of course, if these are combined counties, presumably they would be the governor of two counties. Equally, you could have a “governor” without their being a “county governor”. I find this very confusing.

[Lord Hunt of Kings Heath (Lab)]

My Lords, perhaps Mr Street could be called the Governor-General?

[Lord Shipley (LD)]

Governor-General of the West Midlands—there, my Lords, is a thought. We are now starting to laugh, and I think there is a danger here that the general public will just not understand what all these titles are for. I would immediately say a school governor, a prison governor or the governor of a US state. We can think of various possibilities, but a governor of a combined county? I really do not think that fits with the structure of local and subregional government that we are talking about.

Under Clause 40(2)(c) the title could be “elected leader”. This is very strange, because councils have leaders and those leaders are elected—so I am not clear what the difference is between the “elected leader” of a CCA and the leader of a council. The constituency may be different: that is, it is the whole electorate for the mayor, but for the leader it is the councillors of that council who have to vote to elect that person as the leader of the council as well as leader of the group. This is getting too confusing.

The next thing could well be that if a mayoral CCA is entitled to call its mayor something else, can other combined authorities that have been in existence for a number of years change the title of their mayor? I just do not know why we are going down this road at all. I just say all that to the Minister. There may be something that I have not thought of that she can alleviate my concerns with, but I just wish that this clause and the associated clauses would just go away. It is not something that I want a vote on; I just hope that I will not have to stand up when the statutory instrument comes through for the creation of a CCA and ask why it is that the name has altered to something like a “county commissioner”, which the general public do not comprehend.

[Baroness Scott of Bybrook (Con)]

My Lords, Amendments 25, 27, 35 and 53, tabled by the noble Baroness, Lady Hayman of Ullock, regard the boundaries and memberships of CCAs and combined authorities. The Bill includes our intended criteria for establishing and changing boundaries of CCAs and CAs in Clauses 44, 46, 62 and 63.

Proposals to change the area of a combined county area are generated locally in line with our principle of locally led devolution. The process to propose a boundary change must include a public consultation being undertaken. The Secretary of State has to assess any such proposals, including the results of the consultation, against a set of statutory tests and will consent to making the requisite secondary legislation only if they are content that the statutory tests are met. The legislation is therefore subject to a triple lock of agreement from the Secretary of State, the consent of the local area and parliamentary approval. I think it is important that we look at that as a triple lock.

Any proposal from the local area has to demonstrate that it will improve the economic, social and environmental well-being of some or all of the people who live and work in the area, suitably reflecting their identities and the interests of local communities, and will deliver effective and convenient local government. As such, the expansion of a CCA or CA cannot be pursued for political advantage. It must benefit the local area.