Levelling-up and Regeneration Bill

Lord Thomas of Cwmgiedd Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, it is a pleasure to follow the noble Lord, Lord Berkeley, particularly as he has drawn attention to the problems around the definition of levelling up. I regard this Bill as a great opportunity, and that therefore we should make the most of it. I want to deal with three points: first, the point raised by the noble Lord, Lord Ravensdale, of putting in the Bill the metrics and mission statements; secondly, dealing with the problem that I will now have to refer to as national devolution, as opposed to local devolution—I will explain that in a moment—and, thirdly, to say a word about police governance.

I turn to the first of those points: should we put the metrics and the mission statements, or their equivalent, in the Bill? My view is that we should. We are dealing with something long term, and it is very important that it should not be subject to being tweaked for political expediency. We need to be firm in the definitions. Interestingly, if you look at the list conveniently published in the Library’s briefing of what the Government set out as the mission statements in February 2022, and then at the shorter version in the Explanatory Notes, you will see that they are not quite the same. This can be seen most clearly in the one that relates to digital connectivity. Maybe it is because one contains a comma and the other does not—I will always remember that a Permanent Secretary chided me for not appreciating the importance of commas—but, in my mind, it goes to underline the importance of there being clear statements that are objective and deal with the long term. The same must be true of metrics—it is exactly the same point.

We ought to look at this. The objection might be that Parliament does not have time, but we have time each year to pass an Army Act—I can assure noble Lords that that concentrates the mind. On something so vital to our future, we should find the time. As has been suggested, we must not leave out such things as child poverty. Why is that not in there? Parliament should debate and agree what these things are, and hold government to it by definable measures.

Secondly, there is the problem of what I will call devolution to Scotland, Northern Ireland and Wales. There is a distinct difference in respect of Scotland, Northern Ireland and Wales, because large areas of what we might call “home policy” covered by this Bill have been devolved. It is very important to appreciate that, in the case of education, health and housing, to take but three examples, the policy is a matter for the devolved Governments and not for the UK Government. How do we reconcile that problem in setting the mission statement? For two reasons, I think this a problem that we should not ignore. First, if the UK Government are entitled to set priorities and objectives, does that not undermine the power and position of the devolved Governments? Secondly, does it not then allow the devolved Governments to turn the argument back on the UK Government, to the disadvantage of us all? On something as important as this, we cannot be unclear on the constitutional responsibilities. It seems to me important to have discussion as to a proper way forward. Another illustration is that Wales has its own well-being Act. Are the objectives of that to be overwritten in this mission statement?

It seems quite clear that the provisions of the Bill will need legislative consent Motions. This often comes up late. I ask the Minister, either tonight or when replying, to say what the Government will do to try to resolve these problems in relation to devolution. They are there, and there is no use pretending they are not. They are there in the starkest form in these areas but arise also in other parts of the Bill.

I think there is a prospect here. I understand that the Welsh Government are keen to engage and I hope we can find a mechanism, which we have failed to find in earlier legislation of this kind, to get these issues resolved. It is no good, and it builds up ill will, if we do not do that. I hope the Minister will be encouraged to go forward with this. I am sure that the Welsh Government would engage as well.

Finally, I want to spend one second on the police. Police governance is of vital importance—that could not be clearer today. The Bill enables mayors to be given authority over the police. I do not question that, but I do question how it is to work in relation to large police force areas, which may contain several authorities. We have to think this through. There is nothing at all in the Bill about it. I very much hope that the Minister will be able to clarify this. I ask anyone who does not understand the problems of devolution of police control to boroughs to please look at what happened to the police reforms of 1960.

Levelling-up and Regeneration Bill

Lord Thomas of Cwmgiedd Excerpts

Committee stage
Monday 20th February 2023 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I shall move Amendment 6, in the name of my noble friend Lady Hayman of Ullock, and speak to Amendment 17, to which she has added her name, Amendments 22 and 23, which are in her name, and Amendments 35 and 40, which are in my own name. I am grateful to noble Lords who have submitted amendments in this group, relating to the very important question of how the Levelling-up and Regeneration Bill is treated in relation to the nations and regions of the UK.

In the excellent debate in your Lordships’ House on the scrutiny of common frameworks between the nations of the UK, my noble friend Lady Andrews set out the view of the committee that we could face an unfulfilled opportunity to build a more resilient, innovative and equal union. When I spoke for the Opposition at the introduction of the Second Reading of the Levelling-up and Regeneration Bill, I referred to this and the committee’s work and said there was a huge opportunity in the Bill to ensure that we now build on the work of the noble Baroness’s committee, the work of the Dunlop review and the review carried out by the former Prime Minister Gordon Brown, and ensure that levelling up across the nations and regions of the UK becomes an absolute of the Bill. It must not be something that needs to be worked on for years after the Bill has passed to make sure its reach is wide enough geographically, ambitious enough to reach every part of the UK equally, and flexible enough to allow for the diversity of economies, geography and demographics that make up our union.

The Minister set out that this legislation is intended to be enabling legislation but, unless there are mechanisms to enable the legislation to take effect, how can we sure that it will be effective across the nations and regions of the UK? Unfortunately, what appear to have been noble aims towards devolution in the White Paper have not been realised in the Bill, which leans towards centralising, controlling the nations and regions from Whitehall, with little real commitment to fiscal or actual devolution. I am sure that that is not what was intended, but it may happen as a result of what is in the Bill. We simply cannot carry on with a model which sees the UK being the most centralised state in western Europe; nor can we see that exacerbated by this Bill and expect that the feelings of communities across our nations and regions that they are ignored, invisible and treated as second-class citizens will get better.

I have been a passionate advocate of devolution for many years because, in local government, we see the strength and energy when local innovation and energy are harnessed to drive economic, environmental and social development. Too often, however, the powers and funding needed to support this are lacking. There is no better example of this than the experience of local government funding over the last 13 years, which has seen £15 billion stripped out of funding in our communities to be replaced by £2.8 billion of funding from the notorious levelling-up fund. It does not take a mathematical genius to see that this is anything but levelling up.

While some in this House may find parts of Gordon Brown’s report challenging—even on this side of the House—the evidence that he cites from Professor Philip McCann, that half the UK population live in areas no better off than the poorer parts of the former East Germany and are poorer than parts of central and eastern Europe and the poorest states of the USA, is irrefutable nationally recognised evidence. The amendments submitted in relation to ensuring inclusivity of the nations and regions of the UK are a vital part of ensuring that we stop developing the potential of just some of the country and make a real irreversible shift in prosperity. As former Prime Minister Brown says in his report, we want Britain to be

“an equal opportunity economy – where, with the right powers in the right places, every community can play their full part in delivering national prosperity.”

Later this week, we will be considering progress on the recommendations of the Dunlop report. In 2019, the noble Lord, Lord Dunlop, made recommendations about how to develop relationships, build trust and improve democratic accountability by

“encouraging a better understanding of the respective roles of the UK and devolved governments, and in particular the UK Government’s role in serving people across the country.”

He urged government towards

“a more predictable and robust process for managing intergovernmental relations”.

Of course, there are many elements to delivering this but to completely leave out of this Bill any reference to how levelling up is to be achieved across our nations and regions seems a huge missed opportunity. I hope that the Minister will consider these amendments with favour as the Bill goes through its Committee stage in your Lordships’ House.

All the amendments in this group relate to that. They talk about the statement of levelling-up missions being referred to Scotland, Wales and Northern Ireland where the whole or greater part of the responsibility lies with Scottish Ministers or Welsh Ministers or the Northern Ireland Executive. The amendments also talk about consulting with representatives of each devolved Administration as the statement comes into effect—indeed, that the statement would only come into effect once that has been done—and that the statement should be approved by Parliament, in consultation with the devolved Administrations. All these amendments are there to make sure that, across Scotland, Wales and Northern Ireland, as well as the regions of England, there is proper consultation on any element within the Bill as well as the way that the missions are formed or changed and on whether there is a mission statement that is required by a devolved Administration or a local authority where it relates to a devolved function.

As I say, I hope that the Minister is taking account of these discussions, and I look forward to hearing the debate.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I will speak to the amendment tabled in my name and those of the noble Baronesses, Lady Finlay of Llandaff and Lady Hayman of Ullock. I am most grateful for their support.

The point raised by the amendment goes to a very important constitutional issue. We are not discussing what the levelling-up mission should be but the allocation of responsibilities. It takes us to the heart of the devolution settlements. I have used the word “devolution”, and part of the problem arises from the fact that this Bill deals with devolution—there is a whole section on it—meaning devolution to English councils. Maybe the person who started to think about this Bill forgot that devolution in relation to Scotland, Wales and Northern Ireland is something completely different. I think they failed to recall, first of all, that primary legislative powers in respect of many areas to be covered were passed to Scotland, Wales and Northern Ireland and the Governments of those countries. I use the word “Governments”, because I think this Government have now got away from the Johnsonian phrase of “Administrations”—no doubt an attempt to belittle them. These Governments have responsibility in very important areas.

I wonder if it might be sensible, for the future, to distinguish between the two senses of the word devolution that this Bill has introduced. Maybe we should talk about “home rule” as part of the union for Scotland, Wales and Northern Ireland, or maybe we should talk about it as “national devolution”. We need to distinguish it from English devolution, because that is where the muddle has occurred.

The Minister helpfully sent us the list of subject matters that are to be covered by the mission statements taken from the White Paper. It is quite interesting to look down them and see how they deal with the problem that arises in relation to areas where policy has been partially or completely devolved to the nations of Scotland, Wales and Northern Ireland. One feels that someone, at some stage, should have understood this.

On education, the White Paper says:

“By 2030, the number of primary school children achieving the expected standard in reading, writing and maths will have significantly increased. In England, this will mean 90% of children will achieve the expected standard, and the percentage of children meeting the expected standard in the worst performing areas will have increased by over a third.”


But what of Scotland, Wales and Northern Ireland? Plainly, at that stage, the person who drafted this had their thinking cap on, because they realised they could not do it. But then one goes on to look at well-being:

“By 2030, well-being will have improved in every area of the UK, with the gap between top performing and other areas closing.”


As a statement of motherhood and apple pie, I cannot think of anything better, but the draftsman has plainly forgotten that Wales has its own primary legislation on well-being.

One could go through all aspects of the White Paper and pull out the details, but I raise these points because there is here the issue of how you deal with wishing to make statements that are applicable across the UK while taking into account that the UK Government have no power over certain areas—they are completely or substantially devolved.

As I understand it, the authors of the White Paper—here I think the problem may have arisen—did not understand devolution. They make the statement, at page 121 of the White Paper, that:

“Unless otherwise specified, the missions apply across the whole of the UK.


But then they go on to say that:

“Devolution settlements mean the policy levers”—


extraordinary words to describe the devolution of substantial areas of government—

“for achieving aspects of these missions are devolved to administrations in Scotland, Wales and Northern Ireland. Because levelling up outcomes for citizens needs close collaboration between all levels of government, a period of consultation on the missions will be undertaken with devolved administrations. The best way forward on sharing learning and comparing progress in these areas will be agreed with devolved administrations.”

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[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, Amendments 6, 17, 22, 23, 29, 35 and 40 in this group relate to our levelling-up work across the entire United Kingdom and how we work with the devolved Governments on the missions, including their delivery and our reporting. They have been tabled by the noble Baronesses, Lady Hayman of Ullock and Lady Taylor of Stevenage, the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Stunell.

While I note the concerns of the noble Baroness, Lady Taylor of Stevenage, about the centralised nature of the UK, we have been, and remain, very clear that levelling up can succeed only as a shared national project. Evidence tells us that the drivers for reducing disparities span devolved and reserved levers and that all levers need to be deployed for a place to reach its full potential.

As an aside, and because the noble Baroness, Lady Taylor, raised the recent debate on the report of the Common Frameworks Scrutiny Committee, to which I responded, I can reassure her that discussions continue to address some of the issues that were raised in that debate. The levelling-up missions are defined in terms of reducing geographical disparities across the whole of the UK, thereby rendering the obligations set out in the Bill indivisible among the different nations. That is why the extent of the Bill is indeed the whole of the UK.

The UK Government and devolved Governments share a common ambition to deliver the best possible outcomes for people across the United Kingdom: to make sure that they can live longer and more fulfilling lives and benefit from a sustained rise in living standards and well-being. We all want to make sure that opportunity is spread more evenly across the whole country. While the ways we articulate and measure these objectives, and our activities to deliver them, may differ sometimes, these ambitions are shared at the highest level.

As the levelling-up White Paper made clear, we respect the devolution settlements and are keen to work together to share learning and evidence with each other about what works across the UK, making the most of the unique opportunities for learning that devolution affords. In this spirit, officials have actively been seeking the views of devolved Administration officials, including discussing how our mission framework relates to their own frameworks for place-based growth. We can ultimately achieve these ambitions only by working together and by recognising that different levels of government hold different levers to drive change. In many cases, these levers are more powerful when they are aligned. Where there are clearly overlaps, we are keen to step up collaborative working to achieve our common aims, learning from each other and ensuring that we draw links between the work we are doing at all levels. On the co-production that the noble Baroness, Lady Finlay of Llandaff, hopes for, I can reassure her that we will continue this engagement over the coming months. Minister Davison will be meeting with devolved government Ministers in the coming weeks. In parallel, senior policy officials from the Department for Levelling Up, Housing and Communities are meeting with senior officials from the devolved Administrations.

As I have said, our missions set our ambitions for the whole of the country. Delivering against these will require close working with the devolved Governments to ensure that everyone benefits. Current geographical disparities do not respect national boundaries within the UK and need to be tackled as a whole. We recognise that some of the missions cover areas that are devolved. The purpose of the missions is not to alter existing areas of responsibility but to align and co-ordinate how different areas of government can work together towards a common goal. We are committed to working with the devolved Governments to align policy and work towards a goal shared by everyone: to reduce geographical disparities across the whole of the UK. We will work to share evidence and lessons from across the country, learning what works and what does not.

This Government, I can reassure noble Lords, are fully committed to the Sewel convention and will continue to seek legislative consent and work with the devolved Governments on all Bills that engage the legislative consent process. I was encouraged by noble Lords’ comments about Prime Minister Sunak’s reaching out to the devolved Governments so early on in his tenure. I know that there have been issues about engagement with the devolved Governments at an earlier stage in the Bill, and I am disappointed to hear that recent Bills have not had that early engagement, but I will continue to raise this issue in the Secretary of State for Wales’s ministerial meetings. I do take on board the hope of the noble and learned Lord, Lord Thomas, that this is a golden opportunity for the UK Government, and I hope he is reassured that we are actively engaged in making devolution work and avoiding the disaster that the noble Baroness, Lady Finlay, worries about.

Amendment 29, tabled by the noble Lord, Lord Stunell, also requires that English principal councils be consulted on any missions relating to their functions. I reiterate that the Bill is designed to establish the framework for missions, not the content of missions themselves. The framework provides ample opportunity to scrutinise the substance of missions against a range of government policies. We agree with the noble Lord, Lord Stunell, that there is no one-size-fits-all approach and that areas will want to choose the right model for them. Local government in England is a vital partner in taking forward the levelling-up missions. Local and combined authorities play a critical role across all the missions, and our mission on local leadership—which sets out our aim for every area of England that wants one to have a devolution deal by 2030—will see further powers, funding and flexibilities devolved to local leaders who are best placed to address the unique opportunities and challenges that exist in their places.

In light of these efforts and commitments, my acknowledgment that this is very much a work in progress, and our conversations with all the devolved Governments, I ask that the noble Baroness withdraws the amendment.

[Lord Thomas of Cwmgiedd (CB)]

Before the Minister sits down, I will make a request of her. I have been encouraged by her generous and soothing words, but when we get to this point on Report, does she think that it will be possible for the Welsh, Scottish and UK Governments and the Northern Ireland Executive to write to tell us where they have got to on an agreement, because we need to know? If they have got somewhere, I would say hurrah, but if they have not, maybe we need to think again about some form of amendment. I live in hope, and I hope that the Minister will be able to ensure that these words will be addressed to the other Governments as well, so they can make transparent what we all want: co-operation and agreement.

[Baroness Bloomfield of Hinton Waldrist (Con)]

As the noble and learned Lord already knows, I travel hopefully, so I will take his comments back to the department.

Levelling-up and Regeneration Bill

Lord Thomas of Cwmgiedd Excerpts

Report stage
Tuesday 11th July 2023 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

I will add one sentence in support of the amendments of the noble Baroness, Lady Hayman. It is critical that we tie the funding of levelling up to the missions, not only for transparency but to work together as a union. I will return to this when we come to government Amendment 9.

[Lord Teverson (LD)]

My Lords, I will speak briefly to the amendment from the noble Lord, Lord Berkeley. I have worked in various guises on trying to preserve the sea link between Cornwall and the Isles of Scilly for some 25 years now. The Isles of Scilly Steamship Company is trying to undermine what is absolutely essential but has not been able to happen over 25 years: private funding of that ferry service. I believe that this cannot happen at the moment. Never mind the fares for the future: fiscally, it will not work as a scheme. That means that the money will be lost and, after 25 years, the “Scillonian” will not be replaced and those islanders and their economy will be cut off from the mainland. That is why this amendment is important, and I too hugely thank the Government for the generosity and understanding that they have shown to the islands and west Cornwall in terms of the levelling-up funding.

--- Later in debate ---

I hope the House will agree that these are positive and sensible steps to ensure that all parts of the UK can benefit from levelling up, while ensuring that the devolution settlements are respected. I beg to move.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I welcome the Minister’s statement and will say how grateful I am, and I am sure that people in the devolved nations are, for the Government’s change of heart. It is important to recall that the devolved Administrations have responsibilities in the areas covered by the Bill. For example, in relation to Wales, both the Government and the Senedd have a responsibility for economic development and for levelling up.

One has seen this in policies and in the legislation that has been passed. I will give three examples. The Well-being of Future Generations (Wales) Act 2015, passed by the Senedd, showed how far-sighted the Welsh Government and the Senedd were in addressing inequalities and improving the well-being of people in Wales. Secondly, in 2020, A Framework for Regional Investment in Wales set out another set of policies designed to deal with economic regeneration, but in a way that dealt with inequality at every level of society and did so in conjunction with sustainable economic growth. Thirdly, in 2021, Welsh Ministers published their Economic Resilience and Reconstruction Mission, outlining very similar policies. It is important that the policies, although they have the same objective as one hopes the Government’s policies have, are being pursued with very different objectives in terms of how they are done and the methods.

It was this problem that arose when the Bill came to this House. The UK Government simply did not seem to understand that they were trampling over devolved policies. It was their view that Part 1 did not require the legislative consent of the Senedd, and they had taken the position that the UK Parliament could legislate and place duties on UK Government Ministers to set missions in areas where there was substantial responsibility in Wales and active promotion of those of the levelling-up agenda. It seems that they did not understand that Part 1 makes provisions that are within the legislative competence of the Senedd. The provisions therefore should not have been introduced in Part 1; the Government should had left this to the Senedd where matters were within its competence.

However, this important constitutional point need not be dealt with now. This is what I would call a pragmatic compromise, which is why I welcome it, because it underlines what I hope many have been trying to say in this House: the union will not work unless we work together.

I take this legislation as a commitment by the UK Government to work with the Governments in Wales, Scotland and Northern Ireland and with the legislatures in those nations to ensure that the objectives and the means of getting there are pursued with some degree of co-ordination.

The one area that concerns me, and I telegraphed this a little earlier when I spoke, is how the shared prosperity fund—as it was once called, now the levelling up fund—is going to be dealt with. Unfortunately, the United Kingdom Internal Market Act and the way it dealt with what was then called the shared prosperity fund brought to an end 20 years of co-operation between the devolved Governments and others to see whether we could pursue a consistent policy for the distribution of funds. It is clear from the way the shared prosperity fund was first dealt with, and the amendment to try to ensure that it is dealt with in a co-ordinated way, that it has been lacking in co-ordination. Therefore, I very much hope that what the Government have said in this amendment will ensure that we go forward as a union with spending the money in a co-operative way, avoiding duplication, waste and, above all, any use of funds for political advantage.

That is why I strongly support this amendment. It is not ideal, as it does not grapple with the constitutional points, but it is a vast improvement on the attitudes that began to be shown in 2019. Fortunately, since about August of last year, things have got a lot better, so I welcome it. I hope I am not being unduly optimistic. My name should really give cause to say, “Well, there should be doubts”, but, having looked at what has happened over the past few months, I think one can look forward to this with a degree of optimism and leave the constitutional issues to be argued about at another time—I hope, never.