(4 days, 1 hour ago)
Public Bill CommitteesIt is a pleasure to serve with you in the Chair, Sir John. My hon. Friend the Member for Hamble Valley set out the view of the official Opposition during the debate last week, so I will not relitigate that in its entirety, although I am sure he will be keen for me to emphasise the sheer cross-party commitment on assets of community value.
We know about the risk to assets that are at the heart of a community, from a village pub or cricket field through to community centres and business premises. We need a means laid out in the law whereby the value they add to the local community can be retained where necessary. That was enshrined in legislation by our party when we were in government, and in general we support the direction of the current Government in taking up those principles. We will listen carefully to the debate.
Manuela Perteghella (Stratford-on-Avon) (LD)
It is a pleasure to serve under your chairmanship, Sir John. I will speak to new clauses 12, 20, 52 and 59. New clause 12 stands in my name, new clause 20 in that of my hon. Friend the Member for Frome and East Somerset (Anna Sabine), new clause 52 in that of my hon. Friend the Member for Richmond Park (Sarah Olney) and new clause 59 in that of my hon. Friend the Member for Twickenham (Munira Wilson).
New clause 12 would give local councils a legal duty to oversee how land listed as a community asset is managed. That means that if the owner neglects or mismanages land of community value, the council can take powers to purchase compulsorily, take ownership and restore the land to community use, or to block planning changes that would further damage or undermine the land’s community value. Such powers are essential to protect local assets from being run down deliberately to justify redevelopment. By granting councils those powers, we enable them to hold absentee or speculative owners accountable and ensure that designated community assets are properly maintained and used for community benefit. We all have in our constituencies examples of land that has been mismanaged or assets left derelict. With the new clause, councils would become a genuine safeguard for assets of community value far beyond simply listing the assets. They would have real power to hold landowners and speculative developers to account.
New clause 20 would give community groups and parish or town councils a legal right to apply to buy sports facilities such as playing fields, leisure centres, gyms or pitches that have been derelict for two or more years, managed in a way that harms their sporting value, or unreasonably made inaccessible to the public. If the council agrees that those criteria have been fulfilled, it will be able to facilitate negotiations for a sale. As we spoke about in a previous debate, the abolition of district councils means that town and parish councils will be asked to take on more assets. It is therefore important that the safeguards are in place and that the unitary councils support them.
New clause 20 would save local sports facilities that have been locked up or left to decay by private owners by empowering local communities to bring them back into use. I had an example of that in my constituency a few years ago. A sports pavilion was built as part of the conditions for a new settlement, but it was locked—it was not used. When I became the councillor for the area, I asked why it was not open, and was told that the condition was to build a sports pavilion, not to manage it. The community managed to get the sports pavilion opened, and it is now a fantastic community hub and café, but it took a lot of campaigning from the community and parish councils, lots of grant applications and so on. It is important that we give councils all the tools they need. It is not fair that local sporting heritage and public access to sports facilities are lost due to neglect, speculation or profit-driven redevelopment. The new clause would put power back into the hands of communities to reclaim their pitches, courts, clubs and sports pavilions, and to keep sport where it belongs—in public hands and for the public good.
New clause 52 would create a new category complementary to assets of community value: assets of negative community value. Those would be properties or land that encourage, for example, antisocial behaviour, cause harm or disruption to community wellbeing, or have been vacant and derelict for at least three years with no attempt at restoration. I am sure we all have such assets in our constituencies. I can think of a couple in mine. Once the assets are listed, local authorities could take steps to secure temporary management or community stewardship. That would also contribute to wider community wellbeing. The councils could invite community groups to propose new uses or use compulsory purchase orders to bring the assets back into productive community use. New clause 52 would also allow local authorities to tackle eyesore or nuisance buildings that attract crime or vandalism. It is a way to contribute to the sense of place. We could speed up regeneration by giving councils and communities tools to deal with long-term neglect.
New clause 59 would give local councils greater power to protect and manage land that has been officially recognised as being of community value, such as local parks, playing fields, pubs or community halls. If a council found that such land was being mismanaged, it would have the power to compulsorily purchase it or, again, to refuse planning changes. The new clause would strengthen community protections against speculative neglect and misuse of valued local assets. For example, it would stop landowners from deliberately running down community buildings, green spaces or sports facilities so that they can later argue for redevelopment. The new clause would make councils stewards of community assets, rather than just record keepers of a list. It would give real teeth to the community right to buy, which obviously is welcome, and to the assets of community value system, which is set out in the Bill.
Overall, our new clauses would expand community rights and local authority powers from just protecting community assets by listing them to actively reclaiming and repurposing land that has been neglected or misused. We feel that the new clauses are drafted in the spirit of the community empowerment aspect of the Bill. They aim to strengthen local control and community ownership, especially where private ownership fails the public interest.
Miatta Fahnbulleh
I completely agree with the importance of protecting community assets from unscrupulous owners, but it is not clear that new clause 12 is wholly necessary or appropriate, and I am worried that it would place an unreasonable burden on local authorities by requiring them to monitor the management of all assets of community value in their area.
The substantive provision of the new clause gives local authorities the power to intervene and take on assets of community value, but those intervention powers already exist where land has been neglected or mismanaged. For example, under section 215 of the Town and Country Planning Act 1990, local authorities can take steps to clear up land and buildings whose condition adversely affects the amenity of the area, and we are refreshing the guidance to ensure that local authorities can make full use of those existing powers. For that reason, I do not think that new clause 12 is necessary, and I ask the hon. Member for Stratford-on-Avon not to press it to a vote.
Regarding new clause 20, it is really important to make it clear that the purpose of this policy is not to compel landowners to sell their property without first disclosing an intent to sell under proposed new section 86M of the Localism Act 2011. There are already well-established legal mechanisms for the acquisition of land without the consent of the landowner—I refer again to the existing compulsory purchase order powers. Local authorities can use those powers on behalf of community groups or parish councils to acquire sporting assets of community value that are derelict, mismanaged or inaccessible.
Miatta Fahnbulleh
I take the hon. Member’s point. I also take the point that a process of asset transfer between authorities and town and parish councils is happening. Our judgment is that the provisions we are putting in place sit well alongside that and will enable the processes to happen, but we will keep that under review, because the end goal is to ensure that communities are able to say, “This asset really matters to us, and we want it for the use of the community,” and that we enable them to do that. As we do with any legislation, we will keep this under review ,and if it is not biting in the way that we intend, we will consider how to build and strengthen the provisions. None the less, the intent is very clear.
On new clause 52, I commend and share the ambition of the hon. Member for Stratford-on-Avon to combat antisocial behaviour and eliminate vacant and derelict properties. We all have them in our constituencies; we know how much they are hated and the blight they cast on our communities. We are absolutely committed to creating thriving places and to reversing the decline seen in many of our communities. That is why, through our £5 billion pride in place programme, we are enabling communities to play a role in driving forward. Alongside that funding, we have ensured that local authorities have access to a suite of tools to meet the challenge, which we understand and we know is real. That includes powers to auction the lease of persistently vacant high street properties via our high street rental auctions and compulsory purchase powers, which we have discussed. Section 215 of the Town and Country Planning Act 1990 sets out powers to clean up land and buildings that may be affecting the amenity of the area and encouraging poor behaviour. The community right to buy will play an important role in ensuring that assets are used in a way that is appropriate and adds value to the community.
Finally, through the Crime and Policing Bill, the Government are strengthening the powers available to the police and other agencies to tackle antisocial behaviour. Every police force now has a dedicated antisocial behaviour officer to work with communities to develop an action plan and give residents a say. We recognise the problem that the hon. Member for Stratford-on-Avon has highlighted through new clause 52, and we have put in place a suite of things that will fundamentally get to the heart of that problem, which we know all our communities despair of and hate. I ask the hon. Member to withdraw the new clause.
Manuela Perteghella
We will not press new clauses 12, 52 and 59 to a vote, although we may reintroduce them on Report, but we will push new clause 20 to a vote.
Miatta Fahnbulleh
If the hon. Member wants examples, one example—I am sure that we can give others based on the conversations that we have had with local government—is that pensions do not drive local government decision making and financial resilience, so the audit reviews focus on operational assets that may not be necessary, depending on the local body that we are talking about. There are clearly examples within the system.
I come back to the fact that we are not prescribing this; we are saying it is right that a new body that will have oversight of a regime that we all agree needs to be reformed should be able to make sure that those standards are commensurate with what is required by the local authority and public bodies as well as the user. That is not controversial; that is common sense. It is right that we create the provisions for that new body to do that.
Question put and agreed to.
Clause 65 accordingly ordered to stand part of the Bill.
Clause 66
Audit committees
Manuela Perteghella
I beg to move amendment 18, in clause 66, page 70, after line 28 insert—
“(4A) A Local Audit Office may make arrangements about—
(a) the membership of an audit committee;
(b) the appointment of the members; and
(c) the conduct and practices of the committee.”
This amendment removes the role of the Secretary of State in appointing audit committees and provides LAOs with the ability to oversee the membership and work of audit committees.
Miatta Fahnbulleh
Let me deal directly with amendments 18 and 17. I reiterate to the hon. Member for Stratford-on-Avon what I have consistently said: the governance regime of local government finance is not changed by the measures in the Bill. It will still stand, including the decisions that accounting officers and the finance director need to take, and the accountability to the local community still holds. We are shoring up the system of assurance so that it is fit for purpose, and to ensure that there is independent scrutiny that then feeds back into what the local authority does. That is how the system should be operating, but it is not currently, which is why we are driving through these reforms.
On the amendments, I recognise the important role that the Local Audit Office will play in overseeing the local audit system. Amendments 18 and 17, however, would delegate important policy and legislative functions from Ministers—who are directly accountable to the House, which is the way we believe it ought to be—to an independent body.
Given the central role that audit committees play in local financial governance, it is essential that responsibility for their statutory framework remains with the Secretary of State, who is responsible for the overall integrity and effectiveness of the local government system. My Department will continue to work closely with the Local Audit Office and key stakeholders in the sector to ensure that audit committee requirements are effective, proportionate and well-functioning. We think, however, that parliamentarians would want the Secretary of State to be ultimately accountable, so that Parliament can hold them to account. For that reason, I ask the hon. Member to withdraw her amendment.
On amendment 362, I fully support the hon. Member’s view that audit committee members must demonstrate the necessary skill, understanding and competence that we are asking of them. The committees are integral to robust local governance, playing a critical role in ensuring that public resources are used efficiently, transparently and in the public interest. Clause 66, however, already provides for the Secretary of State to issue statutory guidance in relation to audit committees. It is our intention that the guidance will include a requirement for members to undertake appropriate training.
Alongside that, we will continue to work with the LGA and CIPFA to ensure that training programmes support existing and new audit committee members. There is a job to be done to make sure that we have a pipeline of members, that they are fit for purpose and that we have the right training and capacity building in place. I hope that that assures the hon. Member that we are doing everything we can to ensure that training is fit for purpose, as we need audit committee members of a high quality and standard, and that we will continue to work with the relevant bodies to ensure that that is a reality.
Manuela Perteghella
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 362, in clause 66, page 70, line 31, at end insert—
“(c) the training of members newly appointed to an audit committee.”—(Manuela Perteghella.)
This amendment would require the provision of training for all new members of an audit committee.
Question put, That the amendment be made.
(4 days, 1 hour ago)
Public Bill Committees
Miatta Fahnbulleh
We acknowledge this is an area we want to strengthen. As I said in the last debate, we are working to make sure that we are taking in view the scrutiny models that we apply, including local public accounts committees and the models proposed by think-tanks and other organisations, in the context of the big reforms to the local audit and assurance framework we are driving through. I ask the Committee to give us time to do the work properly, so that we design something that is fit for purpose and aligned with the big reforms we are driving through. There is no resiling from the belief that we need to strengthen the arrangements. I put that on record and am happy to give those reassurances. Let us get on with the work of figuring out how we do that in the best possible way, by engaging with strategic authorities and critical stakeholders, rather than put in the Bill a requirement that may, in fact, slow the pace at which we are able to develop proposals. On that basis, I ask the hon. Member for Stratford-on-Avon to withdraw her new clause.
Manuela Perteghella
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 4
Funding for Local Authority governance reorganisation
“The Secretary of State has a duty to ensure that local authorities are adequately funded for any purposes relating to the reorganisation of cabinet governance structures that are required or enabled by this Act.”—(Vikki Slade.)
This new clause would require the Secretary of State to ensure funding is available for any rearranging of councils’ governance models.
Brought up, and read the First time.
Miatta Fahnbulleh
I thank hon. Members for the lengthy and robust debate on this issue. We all recognise that there is a need to continue evolving, improving and strengthening our democracy, but we do not believe that the new clause and the electoral reform proposal are the right answer. The Government have no plans to change the electoral system for local councils in England. We believe that first past the post is a clear way of electing representatives. It is well understood by voters, and, as pointed out by the hon. Member for Hamble Valley, provides a direct link and relationship between the member of the legislature or council and the local constituency. That model works well where we have collective decision making and collective systems of governance—that is quite distinct.
We had a debate on the changes that we are proposing for mayors and police and crime commissioners—the supplementary vote system—where there is a single executive position. We think that strengthening the democratic link in that way is appropriate and right in that context. We think that through the Bill we will have the right mechanism for the right type of representation, as presented through the mayor and the police and crime commissioner on the one hand, and councillors and MPs, which operate within a collective governance model through Parliament or councils. I ask the hon. Member for Stratford-on-Avon to withdraw the new clause—I am not sure that she will, but I will put the request.
Manuela Perteghella
I will not withdraw the new clause. I wish to press it to a vote.
Question put, That the clause be read a Second time.
Miatta Fahnbulleh
The English devolution White Paper set out clearly our proposals to strengthen the role of strategic authorities in local skills improvement plans and highlights the intention to use legislation and statutory guidance as appropriate to achieve that. As a Government, we remain completely committed to that position, and we intend to bring forward legislation to do precisely that.
We are not, however, just waiting for legislation; ahead of that, updated statutory guidance will set out how we expect strategic authorities and employer representative bodies to work together on the next round of local skills improvement plans. That will include a requirement for both parties to confirm whether they are content with the plan before it is submitted to the Secretary of State for approval. Where they do not agree, Skills England, acting on behalf of the Secretary of State, will help to resolve any issues. In that context, and given the direction of travel, I ask the hon. Member for Stratford-on-Avon to withdraw new clause 56, because it is not necessary.
On new clause 57, I point the hon. Member to schedule 10 of the Bill, in which strategic authorities will be under a duty to secure appropriate adult education provision in their area. That will include considering existing provision and provision of different types in the area; but, crucially, it also allows them to consider a broader range of factors than the new clause allows for. We know that in practice strategic authorities are already considering a wide range of local factors—including where the labour market is, and where current and future demand is—as they design, develop and drive forward their adult skills strategy.
Manuela Perteghella
I know they are already doing it, but making it statutory ensures that it actually happens and can be scrutinised—that is why we want to do that.
Miatta Fahnbulleh
The current devolution framework creates the basis by which effective execution of the powers that authorities have on adult skills will be driven forward. The legislative provisions exist; it is now in the doing. As a Department, we will both enable that working between strategic authorities and employers on the ground that I have talked about and, critically, make sure that we provide the tools that they need to strengthen their capability to do that well. It matters to us because effective skills, and developing the pipeline and the workforce to drive the economic change we want, are critical to delivering on housing and our warm homes plan. We are vested in ensuring that our strategic authorities have the tools that they require to do that and to do it incredibly well.
Manuela Perteghella
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Clause 72
Interpretation
Miatta Fahnbulleh
I beg to move amendment 243, in clause 72, page 73, line 15, at end insert—
“‘FRSA 2004’ means the Fire and Rescue Services Act 2004;”.
This would define the abbreviation “FRSA 2004” which is used in the Bill.
(1 week, 2 days ago)
Public Bill Committees
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
It is a privilege to serve under your chairpersonship, Ms Vaz. I have a lot of sympathy for the sentiment behind the amendment, but we are already building in provisions to reflect the issues that the hon. Member for Stratford-on-Avon has raised.
The Local Government and Public Involvement in Health Act 2007 already provides that a direction for local government reorganisation can be issued only if the Secretary of State deems the proposal to be in the interests of effective and convenient local government. Having regard, therefore, to size, geography, public services and local identity is fundamentally embedded in the decision-making process. That is demonstrated by the statutory guidance and criteria shared with areas currently preparing for reorganisation. The hon. Lady is right to highlight those factors that matter for the sense of place, and therefore the boundaries of councils, and we think that the statutory guidance and safeguards fundamentally lock them into the process that we are going into.
On whether this process is top down or bottom up, let us look at it: we have invited places to go through a process of reform, and those places are now having conversations among themselves to come up with proposals. Those are not Government proposals; they are proposals from local areas. We are already allowing conversations to be had about what makes sense for those areas and how we take into account the specifics of identity and other issues in those proposals. Whatever proposal is chosen must be consulted on before it is implemented, which, again, is an opportunity for local people to have a conversation, and to have some say and voice in the process.
Although I appreciate the intent behind the amendment, we have legal provisions and, critically, have set out a process that fundamentally addresses the issues that the hon. Lady has raised. I therefore ask her to withdraw the amendment.
Manuela Perteghella
I would like to press the amendment to a vote, because it is important to mandate that the Secretary of State consider these criteria. They will have many proposals from the same area, so these criteria would give guidance on how we can keep the cohesion of communities that hon. Members have discussed before.
Question put, That the amendment be made.
Manuela Perteghella
I want to support the hon. Lady. The national Government should not force structures of local governance on local councils. We saw written evidence from Councillor Martin Smith, the leader of the Liberal Democrats in Sheffield city council, showing how the committee system has made the governance of the city council more transparent. Abolishing the committee system in Sheffield and Bristol, and in other areas where local people wanted a change from the leader and cabinet system, would go against the will of the people in those areas. For that reason, if the hon. Member for Brighton Pavilion were to press amendments 326 and 327 to a vote, I would support them.
Miatta Fahnbulleh
I thank the hon. Member for Brighton Pavilion for talking us through some of the specifics, particularly in the context of Sheffield. My hon. Friends the Members for Sheffield Central (Abtisam Mohamed) and for Sheffield Hallam (Olivia Blake) have been very effective in explaining the specifics of Sheffield to the Government, including the history of how the council got there and how the democratic process has played out. We are very mindful of that, and we will reflect on that and on the question of legacy.
Manuela Perteghella
I will address these amendments as two separate groups. Amendments 14 and 15 are simple and, in combination, would ensure that the definition of a “neighbourhood area”, which is important in this clause, is decided by the effective local authority and not by the Secretary of State. In these amendments we are again trying to devolve powers to grassroots governance. For the sake of clarity, we drafted amendments 14 and 15 to grant that neighbourhood areas are defined in accordance with local perspectives, rather than with the view from Westminster.
Amendment 13 complements those changes. Within the locally agreed and defined neighbourhood area, the authority would be required to make appropriate arrangements to secure effective governance. This amendment specifies that those arrangements must not alter any function performed by a town or parish council, or result in the abolition of a town or parish council. As I have explained previously, it is really important to keep town and parish councils. The amendment would give important protections for our smallest and first tier of local governance. The Committee has already debated how town and parish councils perform a crucial role in effective governance and in providing services. They are to adopt many more services as well. We talked about them being consulted, and this amendment is about making sure that they do not get abolished in the definition of a “neighbourhood area” and “neighbourhood governance”.
The Liberal Democrats continue to be surprised by the lack of protection for, or even reference to, town and parish councils in the Bill. This is an excellent opportunity for the Minister to protect those tiers of governance, and put on record her support for hyper-local government, as we consider devolution more broadly.
Amendment 61 has a different purpose. Throughout the Committee debate, hon. Members have spoken about the need for authorities to be able to access support of all kinds, including financial and advisory support, while delivering local planning functions. The amendment is relevant in the light of the Government’s decision earlier this year to remove funding for localism and neighbourhood planning, which was an excellent initiative that put planning and growth plans in the hands of local people. That initiative saw more than 1,000 neighbourhood plans approved at referendum, and was a key way of securing other local involvement in planning proposals and decisions, giving the local community the power to shape their own future in development. Neighbourhood plans were also very much linked to local housing needs, such as locally how much social housing is needed in a village or town, so they were really important.
Removing funding from neighbourhood planning seems to run contrary to this Government’s aims of devolution and community-engaged house building. I urge the Minister to reinstate some form of funding. I would like to hear reassurances from her, especially in relation to the protection of town and parish council governance, which I set out in amendment 13.
Miatta Fahnbulleh
The key thing to say in response to this group of amendment is that provisions in the Bill are not about central Government imposing a model of neighbourhood governance without the flexibility or consideration of local places and their requirements; they are about setting a standard for smarter, more responsive decision making for our communities and, critically, ensuring that there are no black spots or gaps across the country, so that every community has the ability to shape, and have a voice, say and power in the decisions that impact their neighbourhoods.
We are not designing the regulations in isolation; we are working closely with local government and the community sector—including the Local Government Association, the National Association of Local Councils and the We’re Right Here campaign—to make sure that the provisions in this part of the Bill reflect how we get effective good community governance.
On amendment 13, throughout the debates in this Committee I have said consistently that we absolutely recognise the important role that town and parish councils play in our democracy and our community life. There is no intention to abolish parish and town councils in the Bill. It is not about duplicating them—in fact, I have consistently said that where we are building neighbourhood governance, we should rightly build on the civic institutions that are there anyway, to ensure that we have both depth and proper coverage across the country. The regulation-making powers in the clause therefore cannot be used to make regulations that amend primary legislation, which protects town and parish councils already, and there is no intent to do that.
Manuela Perteghella
I thank the Minister for her reassurance, but would she put what she has said about the protection of town and parish councils in writing to us?
Miatta Fahnbulleh
I am happy to put that in writing, but I will state again that there is already primary legislation in place that protects town and parish councils and means they cannot be abolished. There is nothing in the clause that undermines that. I will absolutely put that in writing. Again, the intention of the clause is to recognise that town and parish councils exist in some parts of the country, but not others. We want every community across the country to have effective neighbourhood governance structures, so that people can have power, agency and a voice to shape their locality and their direct neighbourhood.
Finally, on amendment 61, again, I agree that we should protect the important functions of neighbourhood planning. That is why my Department has already committed to ensuring that local planning authorities continue to be appropriately funded for their neighbourhood planning functions, including for plan examinations and referendums. Funding for those costs is provided through a claims-based system. We will make an announcement on the claims for this financial year in due course. As I said, there is nothing in the clause that undermines effective neighbourhood planning; it is quite the contrary. We think there is an opportunity, as we strengthen neighbourhood governance structures across the country, for that to enhance and build on the work that has been done through neighbourhood planning. I ask that the hon. Member for Stratford-on-Avon withdraw the amendments.
Manuela Perteghella
In the light of the Minister’s assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
MPs going to Parliament to work as part of a collective is very different from a single individual who needs democratic accountability to drive decisions. Those are two very different models, which is why we think the single transferable vote makes sense in the context of mayors and police and crime commissioners but the first-past-the-post system that we currently have for MPs is right for collective decision making.
Finally, mayors and police and crime commissioners are currently elected via first past the post, which we think is the wrong approach. We think that shifting to this new system will provide greater consensus for the electorate.
Manuela Perteghella
I will speak to new clause 7. I commend the Government for their decision to do away with the first-past-the-post system for mayoral and police and crime commissioner elections. As has been said, the decision to move mayoral elections to first past the post was a complete disaster, and this improvement will ensure better local voter representation. The Mayor of the West of England, for example, was elected with only 25% of the vote. Supplementary voting is a significant improvement, but the Liberal Democrats believe we should introduce the alternative vote system as a further advance on that.
We all want to see genuinely representative local elections to ensure that local people know that every vote counts, and so that the councils they elect are truly representative. Where the supplementary vote system allows people to vote for their first and second choices, the alternative vote system allows for a more comprehensive ranking by each voter. For example, under first past the post, a candidate with no majority backing can still win because of vote splitting. We believe that an alternative vote system will increase engagement and deliver fairer outcomes. Our new clause has the support of the Electoral Reform Society, which strongly recommends that it is incorporated into the legislation. I await the Minister’s response.
Miatta Fahnbulleh
Many Members will have pubs or community centres in their constituencies that are at risk of loss or closure, despite being the heart of their community and playing a crucial role in local lives. Too many valued community spaces are being lost because communities do not have the powers they need to protect them. That has a massive impact on the vibrancy and identity of local areas. Clause 60 and the associated schedule 27 will put control back into the hands of communities, giving them real power to take ownership of cherished local assets and protect them for future community use.
The clause will strengthen the existing assets of community value scheme in England, which since its introduction in 2012 has seen only 15 in every 1,000 listed assets come into community ownership, and create a new, far more effective and far more powerful, community right to buy. This will give communities a right of first refusal on the purchase of valued community assets. It will give an extended 12-month period to raise funding to purchase the asset, as we recognise that the current six months is not long enough. It will also introduce an independent valuation process to ensure a fair price for everyone.
We know that village shops and bank branches are a lifeline to our communities. The clause will therefore extend the definition of an asset of community value to include those with an economic value and assets of historical importance, so that communities can protect and make use of them.
Finally, the clause will address the historically low uptake of sporting assets under the current regime by establishing a new sporting asset of community value designation. Sports grounds across England will be automatically and indefinitely designated as sporting assets of community value, ensuring that these cherished facilities, vital to our communities, are protected for generations to come.
Question put and agreed to.
Clause 60 accordingly ordered to stand part of the Bill.
Schedule 27
Assets of community value
Manuela Perteghella
I beg to move amendment 349, in schedule 27, page 265, leave out lines 1 to 8.
This amendment would remove the provision for assets of community value to be removed from the list of assets of community value after five years.
Manuela Perteghella
Amendments 349 to 351 concern the rules around assets of community value. The designation of a building such as a pub, community shop or village hall, or even a piece of land like a community orchard, as an asset of community value allows local people to protect the places that play an important role in their community. They are often linked to wellbeing and social cohesion. The intent behind the original legislation was to give communities a real say on places that matter deeply to them, particularly when they are at risk of being sold or redeveloped.
There is, however, a flaw in the current system. Under existing law, once an asset is listed on the register by a local authority, it automatically drops off the register after five years. This creates a huge burden not only on the local community, including local community groups and parish and town councils—as they have to jump through bureaucratic hoops to resubmit the application to the local authority—but on the local authority itself, as the application has to go through its legal department and be scrutinised once again. In the time it takes for that to happen, a cherished community asset might be sold off.
Like sporting assets of community value, these important buildings and sites must remain on the list of community assets. Amendment 349 would remove the automatic five-year expiry for assets of community value for all buildings and places on that list. It would mean that, once an asset is listed as being of community value, it will stay on the register indefinitely, unless there is a clear reason for it to be removed.
The amendment would shift the burden from communities to maintain protection for something that is still vital to local life. I had an experience in my constituency where one of the village pubs, which had been put on the register of assets of community value, dropped off the list during covid. Obviously, we were all preoccupied with the pandemic, and we only realised later that it was not protected any more.
Amendments 350 and 351 are consequential to amendment 349. In a way, these amendments would also take away the burden on local authorities that have to assess the application once again. This change matters because reapplying is not a simple process; it takes time, organisation and paperwork, and it is handled by volunteers who may have limited capacity and resources. Removing the time limit for all assets of community value would mean that we provide continuity of protection and reduce unnecessary bureaucracy for both communities and local councils. It would also recognise that community value does not just disappear after a few years. A local pub or post office that was vital to a community in 2019 is still vital in 2025.
In our view, these amendments sit entirely within the spirit of the Bill by giving communities more tools to strengthen local decision making, and not limiting them with arbitrary timeframes. I urge the Minister and the Committee to cut the red tape and strengthen local power, and I ask her to consider reviewing the time limit.
Miatta Fahnbulleh
I thank the hon. Lady for tabling these amendments. We absolutely want to ensure strong protections for assets of community value, and the five-year listing period recognises the need of the community in that period of time. We also recognise that the need and desire of the community may change over time. Something that is an asset of community value in year one might not be an asset of community value in year six or seven. This allows a review process to happen.
We are also trying to balance the protections that we absolutely want to give to communities with those of the asset owners, and to ensure it is proportionate. We think that five years is a fair balance between both parties. I am also mindful of the risk that if we designate assets of community value permanently, local authorities may be incentivised to take tougher judgments on requests from communities to list assets of community value. On balance, when we think about the incentives to create more assets of community value, protections that we need to give to communities and protections for the asset owners, five years feels like the right amount of time to allow the system to operate in a way that is fair for all parties. For that reason, I urge the hon. Member for Stratford-on-Avon to withdraw her amendment.
Manuela Perteghella
Would the Minister consider looking at extending that five years to give a bit more time to the community to—
Manuela Perteghella
These amendments are interlinked. First, I would like to speak in support of the Bill’s provisions to protect assets of community value under the new sporting category. Those are important, and we are all delighted to see them in the Bill. These are key community hubs, including for our grassroots sports clubs and particularly for our young people. They play a fundamental role in building local pride, building engagement and developing young people’s skills. I thank the Government for these welcome provisions.
In that context, the Bill’s exclusion of environmental assets of community value seems stark. Social, economic and environmental impacts are often grouped together in legislation, and yet although sporting assets have been added to the group of possible categories for an asset of community value, environmental assets have not. The environmental impact is absent. We can only assume that exclusion is a protection against environmental considerations being used as a mechanism to prevent development. Perhaps the Minister can explain that in her response. This seems needlessly reductive, because the positives outweigh the negatives, and the negatives can be mitigated if there is a concern.
There is widespread support for these amendments. We worked on them with Locality and the Community Land Trust Network, in conversation with them I heard about sites all across the country that could be protected. I am sure that Members can think of many examples in their constituencies. Given the value of environmental conservation—the value of nature for its own sake, as well as its benefits for public health and mental health—we ask the Minister to consider including provision for considering environmental impact in assets of community value. It would be of huge value to my constituents to be able to ensure that measures are in place to protect the environmental value of, for example, Meon Vale woods, which they fought to save and which has become a local nature reserve. Depending on the Minister’s response, I will press amendment 34 and consequential amendments 35 to 37 to a vote.
Miatta Fahnbulleh
The Government absolutely want to ensure that the community right to buy can be used to protect a wide range of assets. That already includes a wide range of environmental assets where communities can demonstrate an existing historical, social or economic purpose, including allotments, woodlands, parks and other green spaces. We know that many of those can already be found on local lists of assets of community value.
Miatta Fahnbulleh
I will try to work through all the amendments. Let me start with amendment 373. I appreciate the commitment of the hon. Member for Stratford-on-Avon to protecting historical assets. The Government are proud to support communities to celebrate heritage buildings and assets, and there are already protections in place for them to do that. Historical buildings that are valued by local communities, but do not meet the criteria to be nationally listed, can be listed by local authorities as non-designated heritage assets. That protects them through the national planning policy framework, so the protection is already there.
On amendment 40, I reassure the Committee that we already have established processes in place to ensure that local authorities are adequately funded to deliver new policies, and this is no exception. The new burdens doctrine requires that all new responsibilities placed on local authorities are properly assessed and fully funded by the relevant Department. We are assessing the cost of the process for local authorities and will provide new burdens funding accordingly.
On amendment 41, I can confirm that we are assessing the costs of independent valuation to local authorities. Where the owner and community buyer cannot agree a purchase price for an asset through negotiation, the local authority must appoint an independent valuer. We will provide new burdens funding to meet those costs accordingly, once assessments have been finalised and tested with local government. I hope that that provides some assurance.
On amendment 374, we know that some community groups may not come forward as they do not have the capability or capacity to put together a bid for an asset. The intention of the 12-month sale period is to give communities time to organise and to raise the funding required. We will continue to work with community organisations to ensure that they have the support to do so. Requiring local authorities to step in to purchase assets where there is no community buyer would put too much of a burden on local authorities, and we could end up with local authorities taking over and having to run theatres and pubs. Although those assets might have value for the community, that does not feel appropriate for a local authority.
We think we have the balance right and that this measure is proportionate. As my hon. Friend the Member for Banbury said eloquently, however much we might want a particular asset to stay in its original form, sometimes that may not be viable. We do not want buildings becoming dilapidated when they could be retained in a different way.
On amendment 42, we are already putting requirements on local authorities to enable and facilitate this process. For example, they must arrange that joint meeting between the asset owner and the community buyer at the start of the process and enable that process of negotiation and, as I have said, local authorities again need to step in to provide the independent valuer if negotiations fail. We think that is the right role for the local authority, not least because it has to be an arbiter in the process.
However, we want there to be enough capability across all our communities, irrespective of the level of social capital, to be able to take on these powers. There is a range of community organisations with the expertise and experience to provide this kind of support to communities, such as Plunkett, Power to Change and Locality, and we are working with those organisations on the additional support that they can provide to communities across the country.
Amendment 249 would restrict what an asset owner can do with their property once listed. We think that it is ultimately up to local planning authorities to consider planning applications in accordance with their development plans and other material considerations. That could include the listing of an asset of community value. The weight afforded to material considerations in making the decision will be decided on a case-by-case basis, and we think it is right that that is left to the local planning authority.
Critically, the national planning policy framework already includes important safeguards to protect against the unnecessary loss of social, recreational and cultural facilities that serve an important value for the community. We think that the balance between what already exists in the planning system and the protections that we are providing through the community right to buy is right and appropriate.
Finally, on new clause 51, let me be clear: this Government are absolutely committed to empowering our communities. We are giving communities everywhere the power to take ownership. Our pride in place programme, which the hon. Member for Brighton Pavilion talked about, is providing £5 billion over 10 years to support 244 places, to enable and support them to take on such community assets of value.
We will continue to review this area, because we are committed to communities having a stake in and ownership of their assets, and we are committed to doing our part as a Government to enable them to do that. With that, I ask the hon. Member for Stratford-on-Avon to withdraw her many amendments.
Manuela Perteghella
I will not press the amendments to a vote, although my hon. Friends might table them again on Report, but I will press new clause 51 to a vote later on. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
I beg to move amendment 236, in schedule 27, page 275, leave out lines 23 to 25 and insert—
“(b) the relevant local authority has determined that the preferred community buyer does not meet the progress requirements after any of the review periods (see section 86U), or”
This amendment is consequential on Amendment 223.
(1 week, 4 days ago)
Public Bill Committees
Miatta Fahnbulleh
To clarify, the Bill does not specify any particular organisation that should be consulted. It says that we will set that out in guidance. That guidance will be driven by a whole host of consultation with strategic authorities and their partners around the range of organisations and bodies we think is necessary. The Conservative amendment specifically picked on trade unions and specifically said we should exclude them. That is what we were pushing back against, so we are completely consistent in this.
In this case, again, there will be guidance that will talk about a range of local stakeholders, but we think it is wrong to prescribe on the face of the Bill that there should be a minimum requirement in order to engage with town and parish councils. That is too onerous and is disproportionate. We should allow the mayor and the strategic authority to know their stakeholders and the people with whom they need to have a conversation, to make sure that they have consensus and the support to drive forward their local growth plan.
Manuela Perteghella (Stratford-on-Avon) (LD)
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
I hear the passion and commitment of the hon. Lady clearly. Certainly my experience of strategic authorities and mayors who cover a combination of areas—including rural areas—is that they are mindful and clear about it; they want to have a conversation about transport connectivity and digital connectivity, and about how we drive economic growth and prosperity within our farming communities.
There is no evidence to suggest that local growth plans as defined in the Bill do not enable places to drive that. That is certainly not the experience that we are seeing at the moment. I understand the concern that a lot of our mayors have been in more urban areas, but in the north-east and increasingly with the mayors who are coming through our priority programme, they are clear about the importance of their rural communities and the fact that they will need certain powers and functions to drive that.
Although I completely understand the intent and legitimate concern behind the amendments spoken to by the hon. Member for Stratford-on-Avon, I think they are too prescriptive, and it is right that we create the flexibility for mayors to understand their patch across the piece and then respond effectively in their local growth plan. I hope that with that reassurance the hon. Lady will withdraw amendment 359—although I think she said she will press it to a vote.
Manuela Perteghella
I would like to press amendment 359 to a vote.
Question put, That the amendment be made.
Miatta Fahnbulleh
There are already mechanisms to enable places to introduce overnight stay levies through the accommodation business improvement district model, as the hon. Lady mentioned. With that, and allowing that this good Committee is not the Chancellor, I ask the hon. Member for Stratford-on-Avon to withdraw the amendment.
Manuela Perteghella
I will not press new clause 41 to a vote, but I would like to do so with amendment 358, which concerns consultation with parish and town councils on tourism strategy.
Question put, That the amendment be made.
Manuela Perteghella
I would like to speak to amendments 253 and 254. These are simple amendments, but they can make a meaningful impact and save lives. We want to add nitrogen dioxide levels and general air quality as a factor that combined authorities and combined county authorities must consider in their work to reduce health inequalities. That would ensure that environmental health risks were treated as core determinants of health, not as an afterthought.
We have heard a moving speech by the hon. Member for Brighton Pavilion. We know that nitrogen dioxide pollution and poor general air quality are major contributors to respiratory and cardiovascular disease, and they disproportionately affect vulnerable communities. Including air quality as a health determinant would protect the most vulnerable. As we have heard, poor air quality causes thousands of premature deaths every year and leaves many others with chronic illnesses, but these are preventable. We also know that pollution hits deprived communities and those near busy roads or industrial estates the hardest, yet without action, their voices will be ignored. By explicitly including air quality, we can create healthier communities, which will translate into fewer hospital visits and a better quality of life for everyone.
By explicitly including air quality in the duty of combined county authorities and combined authorities to reduce health inequalities, amendments 253 and 254 would ensure that environmental factors are considered alongside social and economic ones. They also would encourage authorities to make evidence-based decisions across transport and planning, and also about the siting of heavy industry in an area, so we would like to hear the Minister’s views and assurances on these important issues.
Miatta Fahnbulleh
I thank both hon. Members for their heartfelt contributions to the debate. Let me put it on record that we absolutely recognise that air quality is one of the greatest environmental threats to our health and that its impacts are not felt equally in our society. Action by local authorities is absolutely pivotal in improving air quality locally. The Environment Act 1995 already requires combined authorities and combined county authorities to work directly with local authorities on air quality action plans for their areas. Local air quality management statutory policy guidance also sets out ways of joint working with public health professionals to ensure that plans reduce health risks and disparities in affected communities to which local authorities must have regard.
Equally, we recognise the importance of environmental factors beyond air quality to people’s health. The scope of the general health determinants in the Bill has intentionally been crafted broadly. Some examples are given, but it is not our intention to set out a definitive list, as we think that would be too constraining. Combined authorities and combined county authorities remain the experts in their local areas. They will understand how air quality or environmental issues are impacting on their local communities, and they are best placed to decide how to consider general health determinants to deliver for their communities.
(2 weeks, 2 days ago)
Public Bill Committees
Miatta Fahnbulleh
Clause 21 will ensure that mayors have the means to drive effective engagement across the communities to generate economic prosperity. We have already talked about local partners playing a vital role in this process, and in helping mayors to address shared challenges and seize opportunities, but to be very clear—I stress this again—the clause does not oblige local partners to support matters they oppose. Rather, it creates a duty to respond to a mayor’s request to meet or engage on an issue, facilitating constructive dialogue even where there may be disagreement.
Mayors have a powerful local voice—we know that; we see it across the country where there are mayors—but that soft power does not always allow them to drive forward change. The clause strengthens a mayor’s existing soft power and encourages collaboration with local partners, so they can drive growth in and deliver improvement to their communities.
Manuela Perteghella (Stratford-on-Avon) (LD)
It is a pleasure to serve under your chairmanship, Mr Stuart. New clause 42 would make it a legal duty for mayors to hold regular meetings with local councils in their area; with service providers such as the NHS, police or transport bodies; and with town and parish councils. The power to convene would become a mandatory duty to convene. In particular, parish and town councils are included on the list of bodies that local mayors are required to convene meetings with.
I used to be a parish councillor, so I know the important role that these rural councils play and the many services that they deliver. They also stepped up socially during the covid pandemic, including setting up food-share schemes and referring people to food banks if they lost their job. Town councils are also important. For example, a town council in my constituency has been fostering important community projects. One of the initiatives is working with local businesses to make Alcester a neurodivergent-friendly town—a town for all.
These councils are invaluable partners for combined authorities and mayors in the shires. Engaging with such bodies means that the combined authority and the mayor have direct insight into local issues. Put simply, the new clause would ensure that mayors regularly bring together local authorities and public services to co-ordinate on shared priorities and improve co-operation across the region.
In rural areas such as my constituency of Stratford-on-Avon, parish and town councils, as we have already discussed, are the first tier of local government. Mayors should include these important councils as partners and consult them on a range of issues. We must create a regular, structured forum for dialogue between all the key players in local government and public services.
(2 weeks, 2 days ago)
Public Bill Committees
Miatta Fahnbulleh
Clause 32 expands existing Mayor of London powers in relation to mayoral development orders and directions to all mayors of strategic authorities. It will allow the mayor to be consulted on and to direct the refusal of certain planning applications, and it makes consequential changes to other legislation. We will discuss the effects of the schedules that the clause introduces in greater detail later. For now, I commend the clause to the Committee.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Schedule 12
Development orders
Manuela Perteghella
I beg to move amendment 58, in schedule 12, page 162, leave out sub-paragraph (5).
This amendment would remove provision for the Secretary of State to have the power to approve a Mayoral Development Order where a Local Planning Authority has not approved it by the end of the period.
Miatta Fahnbulleh
The Government agree that we need to streamline and simplify the planning process, making it much quicker and smoother. I will again put on the record that the previous Government had 14 years to do that, but they absolutely, categorically, failed to do so. We are now getting on with it, and my colleagues in the Department have taken the Planning and Infrastructure Bill through the House. Hon. Members on the Conservative Benches should not want to be talking about their record, because they should be ashamed of it.
On the key point about adding another level of complexity, I point hon. Members to the fact that the measure applies only to strategic sites. The planning system will operate as usual, with local planning authorities having the key remit to drive things forward. This provision is for strategically significant sites, partly because of their scale or because they are critical to the strategic development plan.
Manuela Perteghella
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
I refer the hon. Gentleman to the national planning policy framework, which tries to encourage and incentivise the use of previously developed land, and to make sure that within our urban centres we are building out as much as we can. That is an issue for the NPPF and the Planning and Infrastructure Bill. It would not be right, in the context of mayors specifically, to constrain them and say, “You can only use one land type.” We must allow the flexibility but use national planning policy to encourage urban regeneration and urban densification.
Manuela Perteghella
I will not press the amendment, but I would like a reassurance from the Minister on the frameworks. Although they are nascent and in their embryonic state, they are really important. By the time the Bill becomes law, we will be consulting on these frameworks and applying them. Will the Minister write to tell us how this issue will be resolved? I beg to ask leave to withdraw the amendment.
Amendment proposed: 304, in schedule 12, page 164, line 33, at end insert—
“61DCB Density requirement
(1) A strategic authority issuing a mayoral development order must prioritise applications which—
(a) will deliver greater density in urban areas,
(b) are located in areas with greater public transportation accessibility according to the indices established by subsection (2), or
(c) if located within the Greater London Authority, are located in areas with a Transport for London Public Transport Accessibility level equal or greater than Level 4.
(2) A strategic authority must create ‘public transport accessibility index’ to categorise areas within the authority based on their proximity to public transportation
(3) A strategic authority must issue a mayoral development order for any land which has been previously developed.”—(David Simmonds.)
This new clause would require mayoral development orders (MDOs) to prioritise planning applications in areas of high urban density and public transport accessibility, and would require MDOs to be issued for previously developed land.
Question put, That the amendment be made.
(2 weeks, 4 days ago)
Public Bill Committees
Manuela Perteghella (Stratford-on-Avon) (LD)
It is a pleasure to serve under your chairmanship, Sir John. Amendments 4, 28 and 29 would make English devolution genuinely local by ensuring that local consent and public consultation come first. Amendment 4 would change clause 3 so that local authorities must apply to the Secretary of State themselves to become a single foundation strategic authority, rather than Whitehall imposing devolution on local councils. Amendments 28 and 29 would remove the parts of schedule 1 that would allow the Secretary of State to prepare a proposal for there to be a mayor in an existing combined authority area, and for the establishment of a combined county authority, without public consultation.
One of the greatest criticisms of the Bill is that it proposes a top-down, Whitehall-led devolution, which is not really devolution at all. In my county of Warwickshire, the choice of which strategic authority we create, form or join must come from local elected representatives who are closer to their communities and understand better the needs of our constituents. Such an important shaping of future governance must have grassroots support and should not end up being imposed by central Government, especially if we want to decentralise powers to tackle socioeconomic inequalities, address regional disparities and promote real autonomy.
Without the amendment, local people will lose the right to decide their own governance arrangements. Whitehall will be able to impose devolved powers, force mayoral models on to areas that have not asked for them, and redraw local governance boundaries behind closed doors. Community involvement and local consent are essential to ensure transparency and accountability in devolution decision making.
Amendment 4 reaches the heart of the issue at hand. It would ensure that devolution is locally led, not imposed. It would ensure that a council that wishes to become a single foundation strategic authority must initiate the process itself, rather than wait for the Secretary of State to decree it. If devolution is to have legitimacy, it must be built on local consent, local ambition and local accountability. Without that, we risk the Bill becoming an exercise in central control and a top-down approach dressed up as devolution. We would like to push amendment 4 to a vote.
Miatta Fahnbulleh
Both the policy intent and the practice with places going through the devolution process are locally led. The impetus is coming from local leaders and local authorities that are working with their communities to drive the process.
On amendment 4, the Government have been clear that we will consider non-mayoral devolution arrangements for single local authorities on an exceptional basis where certain criteria are met. Designation is not intended as the end point; it is a stepping stone towards deeper devolution, which is what we hope will be the journey for all parts of the country. It is therefore most appropriate for the process to be initiated by the Secretary of State rather than the local authority. However, to be clear, the Secretary of State will not be able to designate a council as a foundation strategic authority unless the council itself consents to that designation. That is a robust safeguard that will protect the interests of the single local authority concerned. I agree with the sentiment behind the amendment to ensure that the Secretary of State has regard to the need to secure effective and convenient local government. I am pleased that those criteria are already embedded in the Bill when conferring functions on a single foundation strategic authority.
Amendment 28 seeks to remove the Secretary of State’s proposed power to direct for there to be a mayor for an existing combined authority without local consent. The Government have been clear about the benefits of mayoral devolution; we are seeing it across the country. For example, South Yorkshire mayoral combined authority brought the Supertram network back into public control after 27 years, and there are already drops in fare evasion, increases in usage, ticketing apps and improved clearing. Greater Manchester authority has taken control of its bus service, resulting in increased punctuality and ridership and cheaper fares. The North East combined authority has secured a £450 million development for one of the largest film studios in Europe, with the potential to create over 8,000 jobs.
We know the impact of this devolution model. We are seeing it across the country and we want to see it in more areas. We are clear that mayors with skin in the game are best placed to drive forward growth, reform public services and deliver the change that their communities want. Every resident in England should be able to benefit from deeper mayoral devolution in their area.
Manuela Perteghella
It is pointless to establish a strategic authority without appropriate financial support. Without support to build structurally, hire staff, co-ordinate partners and begin delivering on their devolved powers, new combined and strategic authorities risk becoming bodies with responsibilities but no real capacity to act. As the Minister will know, local authorities have been starved of funding by consecutive Governments. We need to ensure that these new unitaries—these new beginnings—have the best start in life, and that begins with fair funding so that devolution can be effective.
Amendment 39 is complemented by amendment 361, which would require the Government’s annual devolution report to include details of funding given to support new strategic authorities. Each year, when the Government report to Parliament on devolution, they would be required to explain how and why money has been spent to help to establish new devolved authorities.
As it stands, the Bill risks becoming a Trojan horse for centralisation, concentrating power in Whitehall rather than genuinely devolving it to local communities as promised. Amendment 361 would support true, locally led devolution by ensuring financial transparency and holding Ministers accountable for supporting local government reform. That is why we intend to divide the Committee on amendment 39, which is essential to ensure that new combined authorities and new strategic unitaries can operate effectively from the outset and deliver the powers and services they are intended to provide. Without adequate funding, the whole exercise of devolving powers and establishing new authorities will be meaningless.
For too long, my constituents, like so many across the country, have faced the consequences of under-resourced local authorities, with promises to their families and communities left unfulfilled. Our amendments would provide the vital financial support that this new era of local government requires, enabling us to deliver on the ambitions of devolution and achieve real, tangible results.
Miatta Fahnbulleh
I thank the hon. Member for Ruislip, Northwood and Pinner for highlighting the deep cuts that were imposed on local authorities during a decade and a half of Conservative government, which fundamentally weakened our civic infrastructure. We should never forget that. We absolutely appreciate that, as a result, local government is operating in a difficult context. I welcome the intent behind the amendments: it will be important for strategic authorities to ensure that they have the capacity funding so that they are established.
Amendment 38 concerns single foundation authorities. We do not anticipate that there will be transition costs for such authorities. When a unitary or county council is designated as a single foundation strategic authority, it will retain its existing voting and governance arrangements. The designation will sit alongside its status as a local authority. In other words, there will be no transition involved, so transitional funding is unnecessary.
We recognise that the mayoral strategic authorities that we are creating will need funding to support the transition and build capacity. All Members across the House want to see strong, capable authorities in their area, with the tools and capacity to deliver for their local communities. That is why in the English devolution White Paper we committed to provide new strategic authorities with capacity funding to kick-start their organisation. I am pleased to confirm that all areas on our devolution priority programme will receive £1 million in mayoral capacity funding this year to help establish new institutions, once the legislation has been laid before Parliament. They will also receive capacity funding in future years, so that they are ready and prepared to deliver the benefits that we believe devolution will unlock. As the Government are committed to providing funding for establishment expenses through the mechanism of mayoral capacity funding, we do not believe that amendment 39 is necessary, but we recognise the intent behind it, which is why are we are taking action.
Amendment 361 would require the Government to report on funding allocated to support the establishment of new strategic authorities. I am pleased to say that that is already established practice. Clause 19 amends the Cities and Local Government Devolution Act 2016 to ensure that all funding devolved to strategic authorities is reported. That will include any funds to support their establishment. Again, therefore, we agree with the intent behind the amendment but we do not believe that it is required.
(2 weeks, 4 days ago)
Public Bill Committees
Miatta Fahnbulleh
We have done this through the constituent members of the combined authority, so that before an appointment can be made, the full combined authority will need to agree to that appointment. We think that provides sufficient safeguards and the ability to scrutinise; however, the point about how we ensure ongoing scrutiny of the work being done and the performance by more than the mayor and the combined authority is a fair point, and we will take it away.
Manuela Perteghella (Stratford-on-Avon) (LD)
The commissioners are not accountable to the public; they are accountable to the mayor, who will of course be elected. The Minister talks about scrutiny, but what about holding them to account on public standards? What kind of framework is there to ensure trust in these commissioners?
Miatta Fahnbulleh
All holders of public office have to adhere to public standards; that is as true for national Government as it is for regional and local government. We expect those standards to apply, and the safeguards we are putting in place by enabling the mayor to terminate based on performance or poor conduct will ensure that they are upheld.
Question put and agreed to.
Clause 9, as amended, ordered to stand part of the Bill.
Schedule 3
Commissioners
Miatta Fahnbulleh
To answer the specific question, yes, in-year balancing will apply. The purpose of the precepting function is to allow the mayor to invest in key things that will drive the economic prosperity of the area and the core functions that we have set out in the Bill. It would be a very brave mayor who chose to raise the precept not to deliver on that. In the end, they are democratically elected, and it will be for their residents and constituents to show them the consequences of that at the ballot box.
Amendment 77 agreed to.
Amendments made: 78, in clause 11, page 15, line 15, at end insert—
“(b) in subsection (5)(b), after ‘functions,’ insert ‘or the other functions of the authority (other than any PCC functions that are exercisable by the mayor), or both’.”
This enables the Secretary of State to require the mayor of a combined authority to prepare an annual budget in relation to the authority’s functions, excluding any mayoral PCC functions, either separately to or in combination with the budget relating to the mayor’s general functions.
Amendment 79, in clause 11, page 15, line 17, at end insert—
“(b) in subsection (2), omit ‘in respect of mayoral functions’.”
This provides that the issuing of precepts under the Local Government Finance Act 1992 in respect of expenditure relating to the functions of a mayoral CCA is a function exercisable by the mayor acting on behalf of the CCA.
Amendment 80, in clause 11, page 15, line 17, at end insert—
“(b) in subsection (4)(a), for the words from ‘consists’ to the end of that paragraph substitute ‘includes a separate component in respect of the mayor’s PCC functions,’.”
This provides for flexibility where the mayor of a mayoral CCA has PCC functions as to how the components of the CCA’s council tax calculation which relate to the CCA’s other functions (both mayoral and non-mayoral) are to be set out.
Amendment 81, in clause 11, page 15, line 17, at end insert—
“(b) in subsection (5)(b), after ‘functions,’ insert ‘or the other functions of the CCA (other than any PCC functions that are exercisable by the mayor), or both’.”—(Miatta Fahnbulleh.)
This enables the Secretary of State to require the mayor of a CCA to prepare an annual budget in relation to the CCA functions, excluding any mayoral PCC functions, either separately to or in combination with the budget relating to the mayor’s general functions.
Clause 11, as amended, ordered to stand part of the Bill.
Clause 12
Power to borrow
Manuela Perteghella
I beg to move amendment 20, in clause 12, page 16, line 24, at end insert—
“(9AA) A combined authority or CCA must provide a report to the Secretary of State to lay before both Houses of Parliament a report detailing the reasons for which they are seeking consent to exercise the power conferred by section 1.”
This amendment would require the combined authority or CCA to lay a report before Parliament detailing the reasons for which they are seeking the Secretary of State’s consent for exercise of the powers conferred by section 1 on mayoral combined authority or mayoral CCA.
Manuela Perteghella
No, the amendment is not kicking anything into the long grass. We have to get the Bill—this devolution—right. It is all about accountability, as I said when we were discussing the commissioners. This is a big change. Some of the Committee will already have unitary authorities and I will talk later about devolved Administrations, but for my constituency, that will be new. We need to get it right. Going back to the cost, that will be smaller compared with the cost of what could go wrong.
Miatta Fahnbulleh
I will speak to clause stand part and amendment 83 before responding directly to amendment 20. On the clause, all existing mayoral combined authorities and mayoral combined county authorities have powers to borrow for all their functions. That allows them to invest in economically productive infrastructure. Unlike for local authorities, the existing process for confirming the power to borrow money on mayoral combined and mayoral combined county authorities is by making a bespoke statutory instrument after an institution has been established. To confirm such powers by bespoke statutory instrument is highly inefficient and slow. The clause streamlines the process by giving the power to borrow to mayoral combined authorities and county authorities for purposes relevant to all their functions. It preserves existing safeguards by requiring them to obtain the Secretary of State’s consent before they exercise the power for the first time in respect of functions other than transport, policing, and fire and rescue. I commend the clause to the Committee.
Government amendment 83 is minor and technical. It simply clarifies that the reference to section 12 coming into force relates to clause 12 of the Bill. Amendment 20 would require a combined authority or combined county authority to produce a report, to be laid before the House by the Secretary of State, detailing the reasons for which they are seeking consent to exercise borrowing powers. As my hon. Friend the Member for Banbury and Opposition Members have pointed out, this would be an onerous, costly and time-consuming process. The amendment is well-intentioned, but we do not think it necessary.
Like the rest of local government, combined authorities and combined county authorities must operate within the prudential framework, which comprises statutory duties and codes that are intended to ensure that all borrowing and investment is prudent, affordable and sustainable. The framework already provides robust mechanisms of oversight and accountability. In addition, the exercise of borrowing powers by mayoral combined authorities and county authorities to date has not raised issues. Amendment 20 also contradicts the Bill’s aim of furthering devolution and increasing financial autonomy for these authorities. For this reason, I hope that the hon. Member for Stratford-on-Avon will withdraw it.
Manuela Perteghella
As I said, the amendment would give Parliament the opportunity to assess whether devolution requests are handled with consistency and fairness across the regions, because at the moment they are not. I therefore wish to press it to a vote.
Question put, That the amendment be made.