Cities and Local Government Devolution Bill [HL]
Debate between Lord Shipley and Lord Adonis
Lord Shipley (LD)
My Lords, I support the main aim of Amendment 18, and will speak in particular to Amendments 19 and 37 in this group. As the noble Lord, Lord Beecham, said, the Bill proposes a massive concentration of power in the hands of the mayor. In the context of the appointment of a deputy mayor, there has to be an appointments process that is understood publicly and has public consent. We cannot have a decision just emerging from a set of private decisions. Our Amendment 19 is designed to make the process more transparent. We do that by saying that the appointment by a mayor of a deputy mayor should be,
“subject to approval by the overview and scrutiny committee”,
and that approval can be secured,
“by a simple majority of members of the oversight and scrutiny committee”,
agreeing that the appointment should be made. We also say in proposed new subsection 1(D):
“An overview and scrutiny committee may”—
at its discretion—
“in pursuit of making a determination … hold a confirmation hearing for the deputy mayor”.
That is clearly defined in proposed new subsection 1(E) as meaning,
“a public meeting at which members of the overview and scrutiny committee may question witnesses and where the committee can compel—
(a) the mayor;
(b) the proposed deputy mayor; and
(c) any other persons that the committee considers relevant to attend”.
This is a much better way of proceeding. There are a number of examples around the world where such confirmation hearings are held, and it seems to me that it would be justifiable in this case, given the dangers that we addressed on Monday during our first day in Committee about the creation of a one-party state. So Amendment 37 would require the approval of the appointment of the deputy mayor by the overview and scrutiny committee.
This is an important issue of principle for us, and I hope that the Government will give due weight to the need to ensure that in a Bill which is proposing such a massive concentration of power, some protection of the public interest can be secured by means of our amendment.
Lord Adonis (Lab)
Perhaps I may ask the noble Lord to reflect on the clear problem that could arise, which is that you might well have a mayor and a deputy mayor who do not get on. The mayor of course is elected with a popular mandate and so has a clear mandate to take office under the provisions of the Bill. It is important that the executive of the combined authority should operate smoothly, efficiently and with a sense of common purpose. Given the limited number of members of a combined authority, how does the noble Lord propose that a mayor should seek to build relations with a deputy with whom they may have little in common?
Lord Shipley
It is possible that the mayor would not get on with the deputy mayor, but what the amendments are trying to secure is the approval of an overview and scrutiny committee of the mayor’s nomination. If the members of the committee refused, other people could be nominated by the mayor. It does not say much for local government if, among all the leaders of the councils which are members of the combined authority, there is not one who can get on with the elected mayor.
Lord Adonis
My Lords, I would have sympathy with my noble friend Lord Grocott if the mayor were able to act in an untrammelled way. Coming back to the reality of the Bill rather than grand constitutional fears about what might happen if circumstances took a different course, new Section 107C says:
“The mayor for the area of a combined authority must appoint one of the members of the authority to be the mayor’s deputy”.
In fact, the choice of deputy is very severely constrained. The deputy must be a member of the combined authority, which will limit the choice to a small number of people.
The issue before us is not a great constitutional principle of whether the choice of deputy should be constrained in a way that acknowledges the representative credentials of the combined authority—it is so constrained under the Bill—but whether there should be a further process, as proposed by the noble Lord, Lord Shipley, of consent by the scrutiny committee to the choice of one of those members as deputy. This is a practical issue, in my view, not a constitutional issue. The practical issue is that it is important that the mayor, who comes with a mandate, appoints a deputy with whom he or she gets on.
Those of us who have been engaged in these relationships all know that in practice a deputy mayor will not be appointed who significantly constrains the authority of the mayor, because the mayor is sitting there with a large mandate. There are checks and balances. The combined authority has significant powers to constrain the mayor and to agree the mayor’s actions. If the mayor does not get on with or have confidence in the deputy, what will happen in practice is that the mayor will rely on advisers rather than the deputy mayor. That is not a healthy state of affairs. The mayor has a mandate. The mayor is constrained in the choice of deputy to appoint only a member of the combined authority. It seems a constraint too far to require that choice to be agreed by the scrutiny committee. Of course, in the nature of the political relationship between the mayor and the scrutiny committee, the scrutiny committee itself may well be fairly hostile to the mayor. It is perfectly possible that that will be the position that the scrutiny committee takes.
Lord Shipley
My Lords, the noble Lord is referring to Amendment 19 but what does he think about his own party’s Amendment 18, which requires the combined authority to agree the appointment of the deputy?
Lord Adonis
I would have more sympathy with that because of course that will be the colleagues from the executive of the combined authority agreeing. But there will still be an issue if it is not possible to appoint a member of the combined authority in whom the mayor has confidence. There are some practical issues here. The choice is already constrained. If you constrain it still further, that will not enhance accountability and democracy but may just oblige the mayor to rely on informal rather than formal officeholders.