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English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateNusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Ministry of Housing, Communities and Local Government
(8 months, 1 week ago)
Commons Chamber
Several hon. Members rose—
As colleagues can see from looking around the Chamber, there are far too many speakers to be accommodated by 7 pm, when this debate has to end. As such, after the next speaker, the speaking limit will be three minutes, and you can calculate the numbers—not everybody will get in, even on that time limit. I call Bradley Thomas.
Maya Ellis (Ribble Valley) (Lab)
I draw attention to my entry in the Register of Members’ Financial Interests. I have always been, and I remain, a vocal advocate for devolution and reorganisation. I got to witness the type of joy and hope I want every community to feel when I worked in Greater Manchester during the establishment of the first devolved mayoralty. I have had robust debates with councils and residents of all political persuasions on how local government reorganisation should best work in Lancashire, particularly when a sense of place and home is so important to most of us. The prospect of what we know to be our place changing somehow can be unsettling, but if we are brought along and engaged throughout, we can usually start to see the opportunities too.
I will focus my comments on the most local level of our democratic structure: the role of town and parish councils, which I believe should be used to even greater effect if we let it. My constituency of Ribble Valley is significantly parished in its rural areas, with parishes such as Broughton and Balderstone, while more suburban areas such as Lostock Hall are not but have active community groups such as the Lostock Hall Village Team. I therefore see the strength of both formal and informal community leadership.
In clause 58, the Bill rightly creates a clearer requirement for local authorities to create neighbourhood governance structures. In a statement to this House in June, it was suggested that those could be called neighbourhood area committees, led by ward councillors. However, I am concerned that the Bill does not fully appreciate the role that town and parish councils currently play and that the accountability of such neighbourhood area committees does not seem to be enshrined.
I will cover a couple of my concerns. First, if the committees are led by ward councillors, such councillors are political in their nature whereas parish councillors are usually apolitical. We therefore need to consider the ramifications of changing the focus of those local committees. Secondly, how do we ensure that every area is advocated for by a committed representative? How do we tangibly protect areas whose ward councillors are not active or who do not create a neighbourhood governance structure? Does that remove the ability for involved residents to form groups outside that? We all know of councillors—rare as they are, I hope—who stand for political reasons or otherwise and then do not drive things locally.
Even though parish and town councils only cover 36% of the population in England, they cover some 90% of its geographical area. Some may feel that such a distinction means that parish councils are not so influential and significant in our country’s governance, but that view does a disservice to the land that we live in and on and are sustained by. As politicians, and as residents in a democracy, we are responsible for the land around us and its resources. Indeed, some of the biggest roles for parish and town councils are around planning, the environment, flooding and ensuring that local areas—the buildings, the fields, the roads and not just the people—are managed well.
Although to some this section of the Bill may feel small and fairly niche, if we do not pay attention to the conversations happening in the pub or the community centre and to the people there who understand their local area better than anyone, we will struggle to understand what people want and need. Let me be clear: this Bill is monumental. But let us build on our fantastic existing structures, especially those town and parish councils that cover 90% of our great country, as has always been—
English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateNusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Ministry of Housing, Communities and Local Government
(5 months, 2 weeks ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
Government new clause 44—Licensing functions of the Mayor of London.
New clause 2—Council tax: CAs and CCAs to be subject to same increase as most county and unitary councils—
“(1) The Local Government Finance Act 1992 is amended as follows.
(2) In section 52ZC, after subsection (4) insert—
‘(4A) Where, for the purposes of this section, the Secretary of State determines categories of authority for the year under consideration, one of the categories determined by the Secretary of State must include all mayoral combined authorities and CCAs (‘the CA and CCA category’).
(4B) Where the Secretary of State has determined a category that includes the majority of county and unitary councils (“a county and unitary category”), a principle that must be applied to the CA and CAA category is that the means of determining whether the relevant basic amount of council tax is excessive is the same as any means set out in a principle applied to the county and unitary category (but for the purposes of the determination references to any referendum principle for county and unitary councils that specifically relates to expenditure on adult social care should be discounted).’”
This new clause would limit increases in the mayoral precept according to similar principles limiting council tax increases.
New clause 4—Application of CIL to householders—
“(1) The Planning Act 2008 is amended as follows.
(2) In section 205 (The levy) after subsection (2) insert—
‘(2A) In making the regulations, the Secretary of State may not charge CIL on householders’ property extensions that are for their own use.
(2B) The Secretary of State must amend the Community Infrastructure Regulations 2010 so that they are in accordance with the requirements of subsection (2A).’”
This new clause disapplies CIL from householders extending property for their own use.
New clause 5—Power of mayors to convene meetings with local public service providers and government—
“(1) After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—
‘17C Mayoral duty to convene meetings with local public service providers and government
(1) The mayor for the area of a CCA must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) A meeting under subsection (1) must occur at least every 12 months.’
(2) After section 103B of LDEDCA 2009 (inserted by section 21 of this Act) insert—
‘103C Mayoral duty to convene meetings with local public service providers and government
(1) The mayor for the area of a combined authority must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) A meeting under subsection (1) must occur at least every 12 months.’
(3) After section 40B of GLAA 1999 (inserted by section 21 of this Act) insert—
‘40C Mayoral duty to convene meetings with local public service providers and government
(1) The Mayor must convene regular meetings with—
(a) principal local authorities within their area,
(b) public service providers in their area, and
(c) town and parish councils within their area.
(2) A meeting under subsection (1) must occur at least every 12 months.’”
This new clause would require mayors of combined authorities, mayors of CCAs, and the Mayor of London to regularly convene meetings with local government actors within their area.
New clause 7—Consideration of existing adult skills provision—
“(1) A strategic authority has a duty to consider—
(a) existing education and training provision for persons aged 16 to 19 in its area, and
(b) existing higher education provision in its area
when carrying out any function conferred on it by virtue of Schedule 10 to this Act.
(2) The Secretary of State may issue guidance about how a strategic authority may comply with the duty under this section.”
This new clause would require strategic authorities to consider existing provision for 16 to 19 education and higher education in their area when exercising adult education functions.
New clause 8—Annual reporting on adult education funding—
“(1) A strategic authority exercising any function conferred on it by virtue of Schedule 10 of this Act must publish an annual report on its exercise of such functions.
(2) A report under this section must include—
(a) how a strategic authority has applied adult education funding to meet local skills needs;
(b) a summary of coordination arrangements with employer representative bodies and other skills providers within the authority;
(c) a summary of outcomes for adult learners and local employers regarding—
(i) learner achievement of qualifications and progression to employment or further learning,
(ii) employer satisfaction with the skills and capabilities of adult learners, and
(iii) the alignment between skills provision and identified local labour market needs.
(3) The Secretary of State may issue guidance about—
(a) any further content of, and
(b) publication of reports under this section.”
This new clause would require Strategic Authorities to publish annual reports on their exercise of adult education functions, demonstrating how public funding has been deployed, coordination arrangements with local skills providers, and outcomes achieved for adult learners and employers.
New clause 9—Authority involvement in local skills improvement plans—
“(1) Section 1 of the Skills and Post-16 Education Act 2022 is amended as follows.
(2) In subsection (7), after ‘relevant authority’ insert ‘and, where the specified area covers any of the area of a strategic authority, the strategic authority’.
(3) After subsection (7) insert—
‘(7A) Where a specified area covers any of the area of a strategic authority, the Secretary of State may approve and publish a local skills improvement plan for the specified area only if satisfied that—
(a) the strategic authority and the employer representative body for the area have exercised joint leadership in developing the plan,
(b) the plan has been agreed by both the strategic authority and the employer representative body, and
(c) the boundaries of the plan align with the strategic authority boundaries.
(7B) For the purposes of subsection (7A), ‘joint leadership’ means that—
(a) strategic priorities for skills development in the area are agreed by both the strategic authority and the employer representative body, and
(b) spending priorities relating to devolved adult education funding are jointly determined.
(7C) A local skills improvement plan may only be altered if both the strategic authority and the employer representative body agree to any proposed alterations.
(7D) Where there is disagreement between a Strategic Authority and an employer representative body exercising joint leadership under subsection (7A), either party may refer the matter to the Secretary of State, who may—
(a) issue guidance to resolve the disagreement;
(b) give directions to either or both parties to ensure effective coordination;
(c) require the parties to adopt alternative arrangements for decision-making;
(d) approve and publish a plan that addresses the disagreement.
(7E) In exercising functions under subsection (7D), the Secretary of State must have regard to—
(a) the effective delivery of post-16 technical education and training in the area,
(b) employer engagement in identifying local skills needs,
(c) value for money in delivery of services by Strategic Authorities, and
(d) democratic accountability of Strategic Authorities in delivering such services.’
(4) Section 4 of the Skills and Post-16 Education Act 2022 is amended as follows.
(5) In subsection (1), at the appropriate place insert—
‘“strategic authority” has the meaning given by section 1(2) of the English Devolution and Community Empowerment Act 2025;’”.
This new clause would require Strategic Authorities to exercise joint leadership with employer representative bodies in developing Local Skills Improvement Plans. The amendment also requires Local Skills Improvement Plan boundaries to align with Strategic Authority boundaries to enable effective coordination and provides dispute resolution mechanisms where joint leadership arrangements encounter difficulties.
New clause 14—Policy delivery in areas of competence—
“(1) Any function of a mayoral combined authority or mayoral combined county authority which—
(a) relates to an area of competence, and
(b) is not a mayoral function exercisable solely by the mayor
must be exercised by or under the direct authority of the constituent members of that authority.
(2) No person may be appointed to exercise any function that relates to making or delivering policy relating to an area of competence unless that person is an elected member of—
(a) the relevant strategic authority, or
(b) a constituent council within the relevant strategic authority.
(3) Nothing in this section is to be taken as preventing the appointment of staff by the strategic authority or its elected members for the purposes of administrative, advisory or technical support for the exercise of its functions.
(4) For the purposes of this section, “a constituent member” means any elected representative who is—
(a) appointed by a constituent council to be a member of the mayoral combined authority or mayoral combined county authority;
(b) acting in the place of a person appointed under paragraph (a).”
This new clause provides that any policy delivery or development relating to an area of competence in a strategic authority is carried out by an elected representative.
New clause 15—Duty to ensure public trust and financial transparency—
“(1) The mayor for the area of a combined authority or combined county authority must take reasonable steps to ensure that information regarding the authority’s financial affairs, including its annual budget, significant expenditure, and financial performance, is made accessible to local communities in a clear and understandable manner.
(2) The mayor must publish a policy setting out how the combined authority or combined county authority will engage with local communities on its financial priorities and major spending decisions, and review this policy periodically.”
This new clause requires mayors of CAs and CCAs to ensure that financial information is accessible and understandable to local communities.
New clause 23—Transport authority functions: funding and support—
“(1) The Secretary of State must ensure that relevant authorities have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to transport conferred on them by this Act.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of those authorities in relation to their transport functions, taking into account the scale and complexity of those functions.
(3) For the purposes of this section, ‘functions relating to transport conferred on them by this Act’ means—
(a) functions of a local transport authority as described in Schedule 9, and
(b) any other functions reasonably connected with the transport.”
This new clause creates a requirement for regular reviews of the financial and administrative needs of authorities to carry out their transport functions.
New clause 24—Duty to publish and implement a forward devolution strategy—
“(1) The Secretary of State must, within two years beginning on the day on which this Act is passed, prepare and publish a forward devolution strategy (‘the strategy’).
(2) The purpose of the strategy is to set out the proposed timeline for the establishment of new strategic authorities, or the expansion of existing strategic authorities, in areas of England that are not currently within the area of an established mayoral strategic authority.
(3) The timeline set out in the strategy must include a period within which the Secretary of State intends to issue invitations or directions for proposals for the establishment or expansion of such new strategic authorities for those identified areas.
(4) Any annual report required under section 1 of the Cities and Local Government Devolution Act 2016 (inserted by section 19 of this Act) must include a statement on the progress made in implementing the strategy, including information on any revision of or replacement for the strategy.
(5) Before preparing, publishing, or revising the strategy, the Secretary of State must consult—
(a) the mayors for the areas of established mayoral strategic authorities; and
(b) the constituent councils of combined authorities and combined county authorities.”
This new clause would introduce a commitment to publish a strategy and timeline for further devolution.
New clause 25—Community infrastructure levy charges: guidance—
“(1) The Secretary of State must, within six months of the passing of this Act, prepare and publish guidance for charging authorities on—
(a) the implementation and administration of community infrastructure levy charges;
(b) appropriate procedures for handling technical errors in the calculation, notification, or collection of community infrastructure levy charges; and
(c) best practice for resolving disputes relating to community infrastructure levy charges where technical errors have occurred.
(2) The guidance under subsection (1) must include—
(a) guidance on what constitutes a technical error in the context of community infrastructure levy charges;
(b) recommended procedures for reviewing and, where appropriate, waiving or reducing community infrastructure levy charges where a technical error has occurred;
(c) principles to guide the proportionate collection of community infrastructure levy payments when technical errors have been identified; and
(d) time limits for the rectification of technical errors.
(3) In this section—
‘charging authority’ has the meaning given in section 106 of the Planning Act 2008, as amended by Schedule 14 of this Act;
‘technical error’ means an error in the calculation, notification, or administration of a Community Infrastructure Levy charge that is not related to a material change in the development to which the charge applies.”
New clause 28—Regional governance—
“(1) The Secretary of State may by regulations provide for the establishment of a regional governance body in any part of England, where in the opinion of the Secretary of State there is demonstrable local support for such a body.
(2) Regulations made under this section must—
(a) provide that—
(i) a regional governance body is a body corporate,
(ii) the name of any such body is determined locally, and
(iii) the structure and membership of any such body is determined following consultation with people who live in the relevant part of England;
(b) confer functions upon a regional governance body in relation to—
(i) education and skills,
(ii) transport,
(iii) health and social care,
(iv) housing and planning, and
(v) such other matters as the Secretary of State considers appropriate.
(3) in making regulations under this section, the Secretary of State must have regard to—
(a) the promotion of effective and accountable regional governance,
(b) the identity and aspirations of the region concerned, and
(c) the principle of subsidiarity.
(4) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would enable the establishment of regional governance bodies in parts of England, such as a Yorkshire Parliament or Cornish Assembly, with locally determined names and structures, and allow them to be conferred with responsibilities in areas including education, transport, health and housing, where there is local support.
New clause 29—Duty to contribute to delivery of nature, clean air and climate targets—
“(1) When exercising their functions, a strategic authority, mayor, or local authority must contribute to—
(a) meeting the targets and carbon budgets set under Part 1 of the Climate Change Act 2008;
(b) meeting the targets and interim targets set under Part 1 of the Environment Act 2021;
(c) meeting the limit values set under Schedule 2 of the Air Quality Standards Regulations 2010; and
(d) the delivery of the programme for adaptation to climate change under section 58 of the Climate Change Act 2008.
(2) A strategic authority, mayor or local authority must not make any decision that is incompatible with the duty described in subsection (1).
(3) Within one year beginning on the day on which this Act is passed, the Secretary of State must publish guidance describing the contribution that each strategic authority should make toward meeting the targets listed in subsection (1).
(4) Guidance under subsection (3) must include clear metrics and measurable terms for strategic authorities, mayors and local authorities to meet.”
This new clause requires strategic authorities, mayors, and local authorities to act in accordance with the statutory Climate Change Act and Environmental Act targets, carbon budgets, Air Quality Standards Regulations, and climate adaptation programme across their functions. The Secretary of State must publish guidance for defining authorities’ contributions towards these objectives.
New clause 30—Visitor levies—
“(1) The Secretary of State must conduct a review into giving local authorities powers to introduce visitor levies within their area.
(2) The review in subsection (1) may only consider a visitor levy which directs receipts from the levy into the relevant authority’s general fund.
(3) The Secretary of State must lay a report on the review in subsection (1) before both Houses of Parliament within 12 months of the passage of this Act.”
New clause 31—Overnight accommodation levy—
“(1) An EMSA may impose a levy on any overnight accommodation provided within the EMSA’s area (‘the OAL’).
(2) The levy is payable by persons staying for one or more night in exchange for payment in any—
(a) hotel;
(b) guest house, or bed and breakfast;
(c) self-catering accommodation;
(d) short-term let;
(e) campsite or caravan park;
(f) any other premises that the mayor of an EMSA may designate.
(3) Before introducing or modifying an OAL the mayor of an EMSA must consult such as persons as they consider necessary, which must include communities, business and organisations working in or affected by the tourism industry.
(4) The mayor of an EMSA may determine the rate and structure of an OAL, including concessionary rates and exemptions where they consider it appropriate.
(5) The mayor of than EMSA may specify arrangement relating to—
(a) the collection of the OAL,
(b) the administration of the OAL, and
(c) arrangements for circumstances in which the OAL is not complied with.
(6) Receipts from the OAL are to be paid into the general fund of the EMSA.
(7) Monies received under subsection (6) may be used by the mayor of the EMSA for the purposes of—
(a) promoting, developing and managing tourism within the EMSA area;
(b) enhancing infrastructure for the purposes of benefiting tourism in the area;
(c) supporting cultural, sporting and business activity;
(d) preserving or improving heritage assets;
(e) supporting economic growth in the EMSA area
provided that, in the view of the mayor of the EMSA, such use is consistent with the EMSA’s local growth plan.”
New clause 32—Greater London Authority: decision-making—
“(1) The Greater London Authority Act 1999 is amended in accordance with this section.
(2) In section 42B (Assembly’s power to reject draft strategies), in subsection (5)(b), leave out ‘at least two-thirds’ and insert ‘a simple majority’.
(3) In schedule 4A (Confirmation hearings etc)—
(a) in paragraph 10(5) leave out ‘at least two-thirds’ and insert ‘a simple majority’;
(b) in paragraph 11(5) leave out ‘at least two-thirds’ and insert ‘a simple majority’.
(4) In schedule 6 (Procedure for determining the authority’s consolidated council tax requirement)—
(a) in paragraph 8(4) leave out ‘at least two-thirds’ and insert ‘a simple majority’;
(b) In paragraph 8C(4) leave out ‘at least two-thirds’ and insert ‘a simple majority’.
(5) In schedule 7 (Procedure for making of substitute calculations by the authority), in paragraph 7(4), leave out ‘at least two thirds’ and insert ‘a simple majority’.”
New clause 33—Joint planning committees—
“(1) Within six months of the passage of this Act, the Secretary of State must make regulations which make provision for local authorities which share a border to establish a joint planning committee.
(2) Joint planning committees under subsection (1) may only consider planning applications which are within 0.5 miles of the adjacent authorities’ border.
(3) Regulations under subsection (1) are subject to the affirmative resolution procedure.”
This new clause would require the Secretary of State to make regulations to establish joint planning committees for adjacent authorities to jointly consider planning applications which are within 0.5 miles of their adjoining border.
New clause 39—Regulation of waterborne transport services by regional mayors—
“(1) A mayor for the area of a combined authority, combined county authority, or other mayoral strategic authority may exercise functions relating to waterborne transport services operating wholly within the authority’s area.
(2) Functions exercisable by a mayor may include—
(a) making regulations concerning the provision, operation, safety, accessibility, affordability, and reliability of waterborne transport services;
(b) requiring operators of waterborne transport services to provide such information as the mayor considers necessary for the purposes of monitoring or enforcing compliance with regulations made under paragraph 2(a);
(c) imposing and enforcing conditions relating to a requirement or duty imposed under this section;
(d) imposing and enforcing any penalties resulting from non-compliance with conditions set out under paragraph (2)(c);
(e) regulation of fares and fare structures for waterborne transport services, including imposing a fare cap;
(f) functions relating to accountability of waterborne transport services providers for the delivery and performance of services, including by holding public hearings or inquiries;
(g) any such additional functions as a mayor considers necessary for the purpose of ensuring effective regulation of waterborne transport services within an authority’s area.
(3) Before making regulations under this section, the mayor must consult—
(a) the constituent councils of the combined authority (or equivalent local authorities),
(b) any local transport authorities affected,
(c) operators of waterborne transport services within the area, and
(d) other such persons as the mayor considers appropriate.
(4) Regulations under this section may include provision for appeals against any enforcement action taken by the mayor.
(5) In this section ‘waterborne transport services’ has such meaning as the Secretary of State may by regulations specify, provided that such specification must include—
(a) ferry services, and
(b) water taxi and private hire transport services,
which carry passengers by water between two or more places within the area of the authority.”
This new clause gives mayors of combined and other strategic authorities powers to regulate waterborne transport services in their areas, including the ability to cap fares.
New clause 41—Mayoral CAs and CCAs: any increase in council tax to be subject to referendum—
“(1) The Local Government Finance Act 1992 is amended as follows.
(2) In section 52ZC, before subsection (1) insert—
‘(A1) A mayoral combined authority or mayoral CCA’s relevant basic amount of council tax for a financial year must be determined to be excessive if the financial year is the first financial year in which the authority has charged a relevant basic amount of council tax.’
(3) At the beginning of subsection (1), for ‘The’ substitute ‘In any other case, the’.”
New clause 48—Regulation of ferry services by regional mayors—
“(1) A mayor for the area of a combined authority, combined county authority, or other mayoral strategic authority may exercise functions relating to ferry services operating wholly within the authority’s area.
(2) Functions exercisable by a mayor may include—
(a) making regulations concerning the provision, operation, safety, accessibility, affordability, and reliability of ferry services;
(b) requiring operators of ferry services to provide such information as the mayor considers necessary for the purposes of monitoring or enforcing compliance with regulations made under paragraph 2(a);
(c) imposing and enforcing conditions relating to a requirement or duty imposed under this section;
(d) imposing and enforcing any penalties resulting from non-compliance with conditions set out under paragraph (2)(c);
(e) regulation of fares and fare structures for ferry services, including imposing a fare cap;
(f) functions relating to accountability of ferry service providers for the delivery and performance of services, including by holding public hearings or inquiries;
(g) any such additional functions as a mayor considers necessary for the purpose of ensuring effective regulation of ferry services within an authority’s area.
(3) Before making regulations under this section, the mayor must consult—
(a) the constituent councils of the combined authority (or equivalent local authorities),
(b) any local transport authorities affected,
(c) operators of ferry services within the area, and
(d) other such persons as the mayor considers appropriate.
(4) Regulations under this section may include provision for appeals against any enforcement action taken by the mayor.
(5) In this section ‘ferry services’ means services for the carriage of passengers or vehicles by water between two or more places, all of which are within the area of the authority.”
This new clause gives mayors of combined and other strategic authorities powers to regulate ferry services in their areas, including the ability to cap fares.
New clause 58—Obligation to align decision-making with nature, air quality, and climate targets—
“(1) When exercising their functions, a strategic authority, mayor, or local authority shall refrain from taking any action or decision that would contradict—
(a) the fulfilment of the carbon budgets and targets established under Part 1 of the Climate Change Act 2008;
(b) the achievement of the environmental targets and interim targets set under Part 1 of the Environment Act 2021;
(c) compliance with the limit values provided for in Schedule 2 to the Air Quality Standards Regulations 2010; and
(d) implementation of the programme for adapting to climate change prepared under section 58 of the Climate Change Act 2008.
(2) Within one year beginning on the day on which this Act is passed, the Secretary of State must publish guidance describing the contribution that each strategic authority should make toward meeting the requirements in subsection (1).
(3) Guidance under subsection (2) must include clear metrics and measurable terms for strategic authorities, mayors and local authorities to meet.”
This new clause places a duty on strategic authorities, mayors and local authorities to operate consistently with the targets and requirements in the Climate Change Act, the Environment Act, the Air Quality Standards Regulations, and the statutory climate adaptation programme. The Secretary of State must publish guidance for defining authorities’ contributions towards these objectives.
New clause 60—Power to provide for an elected mayor to appoint a deputy mayor—
“(1) The Local Democracy, Economic Development and Construction Act 2009 (section 107C) is amended as follows:
(2) In subsection (1), leave out “one of the members of the authority to be the mayor's deputy” and substitute ‘a deputy mayor’.
(3) In subsection (3)(c), leave out ‘the person ceases to be a member of the combined authority’ and insert ‘the person ceases to be a councillor of a constituent council of the authority’
(4) In subsection (4), leave out ‘another member of the combined authority’ and substitute ‘another councillor of a constituent council’.”
This new clause would amend section 107C of the Local Democracy, Economic Development and Construction Act 2009 so that a mayor is no longer restricted to appointing a deputy mayor from among the leaders of the constituent local authority members of the Combined Authority.
New clause 61—Mayoral special advisers—
“(1) The Constitutional Reform and Governance Act 2010 (section 15) is amended as follows.
(2) After section 15 (Definition of ‘special adviser’) insert—
‘15A Mayoral special advisers
(1) A mayor may appoint one mayoral special adviser
(2) A ‘mayoral special adviser’ is a person (‘P’) who holds a position within a mayoral strategic authority and whose appointment to that position meets the requirements in subsection (3).
(3) The requirements are—
(a) P is appointed to assist the Mayor after being selected by the Mayor personally;
(b) the appointment will end not later than—
(i) the day on which the Mayor ceases to hold office, or
(ii) if earlier, the end of the day after the day of the poll at the election following the appointment.
(4) The Secretary of State must publish a code of conduct for mayoral special advisers (‘the code’).
(5) Before publishing the code (or any revision of it) the Secretary of State must consult the Council of Nations and Regions.
(6) The code must provide that a mayoral special adviser may not—
(a) authorise the expenditure of public funds; or
(b) exercise any power in relation to the management of any part of the mayoral or strategic authority.
(7) The code must provide that a mayoral special adviser may—
(a) engage in political activity; and
(b) provide party-political advice to the Mayor.
(8) The code must form part of the terms and conditions of service of any mayoral special adviser.
(9) A person appointed under this section is not to be regarded, for the purposes of Part I of the Local Government and Housing Act 1989 (political restriction of officers and staff), as holding a politically restricted post under a local authority.’”
This new clause would insert a new section into the Constitutional Reform and Governance Act 2010 to establish a statutory framework for the appointment of “mayoral special advisers”. It makes provision about appointment, function, code of conduct, and exemption from political restrictions.
New clause 62—Business Rates Supplement: mayoral authority—
“(1) The Business Rate Supplements Act 2009 (‘the 2009 Act’) is amended as follows.
(2) In section 2(1) (levying authorities), for the definition substitute—
‘In this Act, ‘levying authority’ means—
(a) the Greater London Authority;
(b) an established mayoral authority in England;
(c) a county council or county borough council in Wales.
(3) Omit section 4(c).
(4) Omit section 7.
(5) Omit section 8.
(6) Omit section 9.
(7) In section 10, omit paragraph (2)(c) and subsections (10) and (11).
(8) In Schedule 1, omit paragraphs 19 and 20.”
This new clause would allow an established mayoral authority in England to levy a Business Rates Supplement. It would remove the ability of county and district councils in England to do so, and would remove the existing requirement for such a supplement to be approved by referendum.
New clause 64—Decisions on GLA strategy and budget: simple majority requirement—
“(1) The Greater London Authority Act 1999 is amended as follows.
(2) In section 42B (Assembly’s power to reject draft strategies), in subsection (5)(b) for ‘at least two thirds’ substitute ‘a simple majority’.
(3) In Schedule 6—
(a) in paragraph 8(4), leave out ‘at least two-thirds’ and insert ‘a simple majority; and
(b) in paragraph 8C(4), leave out ‘at least two-thirds’ and insert ‘a simple majority.’”
This new clause would require certain decisions of the London Assembly in relation to the mayor’s strategy and GLA budget to be taken by a simple majority rather than a two-thirds majority.
New clause 65—Power of the London Assembly in relation to mayoral decisions—
“(1) The Greater London Authority Act 1999 is amended as follows.
(2) After section 59 (review and investigation) insert—
‘59A Power of the Assembly in relation to proposed mayoral decisions
(1) The powers of the assembly under this Act include—
(a) power to direct that any decision that the Mayor proposes to take is not to be taken while it is under review and scrutiny by the Assembly, and
(b) power to recommend that any decision that the Mayor proposes to take be reconsidered.
(2) The Assembly must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of proposed decisions and its arrangements in connection with the exercise of those powers.
(3) Before complying subsection (2), the Assembly must obtain the consent of the Mayor to the proposals and arrangements.
(4) In the proposals and arrangements published under subsection (2), the Assembly may make provision to require the Mayor to submit to the Assembly details of any decision the Mayor proposes to take.
(5) Provision under subsection (4) may include provision for deadlines by which any such details should be submitted to the Assembly.’”
This new clause would give the London Assembly the power to direct that proposed decisions of the Mayor are not taken while under the Assembly’s review and scrutiny. It would also give the Assembly power to recommend that the Mayor reconsider a proposed decision.
New clause 66—Consultation on GLA reform—
“(1) The Secretary of State must, within six months of this Act being passed, carry out a consultation on potential reforms to the Greater London Authority.
(2) The report must examine as a potential reform the scope for greater direct engagement with elected representatives of the London Borough Councils in decisions made by the Greater London Authority.
(3) The Secretary of State must, within nine months of this Act being passed, lay before each House of Parliament a report setting out the findings of the consultation.”
This new clause would require the Secretary of State to consult on proposed reforms to the London Assembly, including proposals for greater involvement of London Borough representatives in GLA decisions.
New clause 70—Duty to confer ESMA powers on Cornwall Council—
“(1) This section applies where Cornwall Council has applied to the Secretary of State for a power available to an established mayoral strategic authority in or under any Act of Parliament (a “relevant power”) to be conferred upon it.
(2) On receipt of an application, the Secretary of State must make regulations to confer the relevant power upon Cornwall Council.
(3) Where a relevant power has been conferred, any reference in or under any Act of Parliament to the exercise of the power by the mayor of an established strategic authority should be read to allow the exercise of the power by the leader of Cornwall Council.
(4) Regulations under this section are subject to the negative procedure.”
This new clause would allow Cornwall Council to apply to the Secretary of State to be conferred ESMA powers and requires the Secretary of State to make regulations to that end upon receipt of such an application.
New clause 71—Requirement to establish and consult neighbourhood area committees—
“(1) The Secretary of State may not make an order or regulations under any Act of Parliament to establish, expand or confer functions on any strategic authority until the Secretary of State is satisfied that the strategic authority will, at the moment of establishment, expansion or conferral of functions, have in place—
(a) neighbourhood area committees which collectively cover the whole area of the strategic authority,
(b) mechanisms to ensure that the neighbourhood area committees are consulted on any decision the strategic authority may take that might affect the area covered by the neighbourhood area committee.
(2) A neighbourhood area committee must ensure that, when consulted by a strategic authority under subsection (1)(b), it responds to the consultation in accordance with any reasonable deadline set by the strategic authority.”
New clause 72—Visitor levies (No. 2)—
“(1) Within one year beginning with the day on which this Act is passed, the Secretary of State must by regulations make provision enabling established mayoral strategic authorities to impose a levy charged on the purchase of overnight accommodation.
(2) Following consultation, regulations under this section must—
(a) define the basis on which the levy is to be calculated;
(b) specify the process and consultation requirements for an area seeking to impose a scheme;
(c) set out reporting requirements for relevant businesses and mayoral strategic authorities; and
(d) specify the investigatory powers and penalties available to mayoral strategic authorities for the enforcement of a scheme.
(3) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would require the Secretary of State to consult on, and subsequently make, regulations enabling established mayoral strategic authorities to impose a tourism levy on overnight accommodation.
New clause 74—Power of mayors and local authorities to regulate advertising—
“(1) Within six months beginning on the day on which this Act is passed, the Secretary of State must make regulations to enable mayors and local authorities to carry out functions relating to the display of advertising.
(2) Such regulations must—
(a) transfer or otherwise provide for the exercise of powers under section 220 of the Town and Country Planning Act 1990 to mayors and local authorities; and
(b) provide that such functions include—
(i) a duty to consider the impact of advertisements on public health, and
(ii) the regulation of content of advertisements deemed to have an adverse impact on local health or likely to exacerbate inequalities in health outcomes.
(3) Regulations under this section may amend provision made by or under an Act passed—
(a) before this Act, or
(b) later in the same session of Parliament as this Act.
(4) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would provide mayors and local authorities with the power to regulate advertising, and include duties on their use of that power in relation to public health and health inequalities.
New clause 76—Duty to establish a London Combined Board—
“(1) Within six months beginning on the day on which this Act is passed, the Secretary of State must by regulations establish a London Combined Board (“the Board”).
(2) Regulations under this section must—
(a) specify the Membership of the Board as—
(i) the Mayor of London, and
(ii) the membership of the Executive Committee of London Councils;
(b) make provision about joint decision-making between the GLA and the Board, including in relation to—
(i) powers exercised by the GLA on behalf of any London borough;
(ii) funding devolved to the GLA;
(iii) governance of any integrated settlement for London.
(3) In making regulations under this section, the Secretary of State must consider—
(a) existing best practice cooperation within other combined authorities in England, and
(b) existing cooperation between the GLA and London boroughs.
(4) Regulations under this section are subject to affirmative resolution procedure.”
This new clause would require the Secretary of State to establish a London Combined Board to ensure cooperation and joint decision-making between the GLA and representatives from London borough councils.
New clause 77—Proposals for alternative models for devolution—
“(1) One or more leaders of any strategic authority may notify the Secretary of State of—
(a) any changes to the boundaries and structures of a strategic authority;
(b) any changes to the governance of strategic authorities, including the relationship between a strategic authority and any local authority within its area; and
(c) any other changes to the structure of local devolution in its area
which the leaders believe would contribute to securing the effective exercise of functions either by the strategic authority, or by any local authority within its area.
(2) Before making any notification under subsection (1), the relevant strategic authority must consult—
(a) local authorities within its area;
(b) representatives of the community within its area, including businesses, education providers, health providers, and civil society, and
(c) any other persons that the strategic authority considers expedient.
(3) The Secretary of State must respond to a notification given under this section within three months beginning on the day on which it is submitted to the Secretary of State.
(4) A strategic authority may publish a notification made under this section, and the Secretary of State may publish a response to any such published notification.”
New clause 78—Abolition of PCCs—
“(1) In any mayoral combined authority or mayoral CCA, within six months of the passage of this Act, the Secretary of State must make regulations to transfer all PCC functions to the mayor and abolish the PCC.
(2) Regulations under subsection (1) are subject to the affirmative procedure.”.
This new clause would require the Secretary of State to make regulations to abolish the PCC and transfer their functions to the mayor in authorities which already have a mayor.
Amendment 175, in clause 1, page 1, line 12, at end insert—
“(d) Cornwall Council.”
Amendment 176, page 2, line 6, at end insert—
“(d) Cornwall Council, notwithstanding any requirement for the authority to have a mayor.”
Amendment 91, in clause 2, page 2, line 21, after “economic development” insert “, poverty and socio-economic inequality,”.
This amendment would make poverty and socio-economic inequality an area of competence for devolved authorities, ensuring they can take action to address the root causes of disadvantage in their areas.
Amendment 37, in clause 3, page 2, line 27, leave out subsections (1) to (3) and insert—
“(1) A unitary district council or a county council may submit a proposal to the Secretary of State for designation as a single foundation strategic authority.
(2) A proposal under subsection (1) must be prepared in such form and contain such information as the Secretary of State may by regulations prescribe.
(3) The Secretary of State may by regulations designate a unitary district council as a single foundation strategic authority if—
(a) a proposal has been submitted in accordance with subsection (1), and
(b) the Secretary of State is satisfied that the designation is appropriate having regard to the need to secure effective and convenient local government in relation to the areas of competence.”
This amendment would restrict the Secretary of State's power to designate a single foundation Strategic Authority. Instead, a local authority would initiate the request by submitting a proposal to the Secretary of State.
Amendment 104, page 2, line 31, leave out from “unless” to the end of line 32 and insert
“a referendum has been held in which residents of the council have consented to the designation.”
This amendment would create a requirement for a referendum to be held prior to the Secretary of State designating a council as a strategic authority.
Amendment 53, page 2, line 32, at end insert—
“(3A) Before making a designation under this section, the Secretary of State must consult town and parish councils within the area of the proposed single foundation strategic authority.”
This amendment would require the Secretary of State to consult town and parish councils prior to the unitary district council or county council within which they are situated being designated as a single foundation strategic authority.
Amendment 61, page 2, line 32, at end insert—
“(3A) The Secretary of State must make provision to ensure councils designated as a single foundation strategic authority receives adequate funding to facilitate their transition.”
This amendment would require the Secretary of State to ensure that councils designated as a single foundation strategic authority receive funding to facilitate their transition.
Amendment 165, page 2, line 33, at end insert—
“(3A) The Secretary of State may not designate a council if the council’s area is within, or is, the area of a National Park unless the Secretary of State has consulted with the authority for that National Park.”
This amendment would require the Secretary of State to consult a National Park authority, if the area of a council which the Secretary of State is designating is within, or is, the area of that National Park.
Amendment 85, page 11, line 1, leave out clause 9.
This amendment would remove the Bill’s provision to grant mayors of CAs and CCAs the power to appoint commissioners to deliver policy.
Amendment 161, in clause 9, page 11, line 4, leave out “not more than 7”.
This amendment would remove the statutory cap on the number of commissioners that may be appointed by a mayoral authority.
Amendment 162, page 11, line 29, leave out “not more than 7”.
See explanatory statement for 161.
Amendment 77, in clause 19, page 23, line 6, at end insert—
“(f) funding which has been allocated to support the establishment of new strategic authorities.”
This amendment would require the annual report on devolution to include an account of funding provided to support the establishment of new strategic authorities.
Amendment 79, page 23, line 6, at end insert—
“(f) progress with the implementation of the strategy provided for in section [Duty to publish and implement a forward devolution strategy].”
This amendment is consequential on NC24.
Amendment 39, in clause 21, page 24, line 4, leave out subsection (b) and insert—
“(b) one or more of the following—
(i) health and social care;
(ii) planning;
(iii) environmental concerns;
(iv) funding;
(v) sustainability measures;
(vi) education;
(vii) transport provision and
(viii) green and community spaces.”
This amendment ensures that mayors must consider specific community matters when consulting with local partners.
Amendment 27, in clause 40, page 41, line 11 , at end insert—
“(2A) In section 144, after subsection (1) insert—
‘(1A) In exercising powers under subsection (1) the relevant authority must engage with town and parish council within its area.
(1B) Engagement under subsection (1A) must include—
(a) consulting town and parish councils on tourism strategies, policies, and investment priorities; and
(b) creating opportunities for town and parish councils to contribute to activities relating to the exercising powers under subsection (1).
(1C) In exercising powers under subsection (1) the relevant authority must publish a report summarising the authority’s engagement with town and parish councils which includes—
(a) form of engagement used;
(b) the views of town and parish councils on the authority’s exercise of powers under subsection (1); and
(c) the role of town and parish councils in exercising powers under subsection (1).
(1D) The Secretary of State may issue guidance regarding requirements for engagement under subsection (1A).’”
This amendment would require local and/or strategic authorities exercising powers to encourage visitors to their area to engage with town and parish councils.
Amendment 75, in clause 43, page 44, line 21, at end insert—
“(2A) The Secretary of State has a duty to ensure that a combined authority has sufficient financial resources and adequate administrative support the duties in subsections (1) and (2).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a combined authority insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of combined authorities with regard to reducing health inequalities in their areas.
Government amendment 116.
Amendment 92, in clause 43, page 44, line 31, leave out “prosperity” and insert “poverty and socio-economic inequality”.
This amendment is linked to Amendment 93 which would ensure that the health improvement and health inequalities duty focuses explicitly on tackling poverty and socio-economic inequality, rather than using the broader term “prosperity”.
Amendment 72, page 44, line 36 , at end insert—
“(e) nitrogen dioxide level and general air quality,”.
This amendment would include air quality as a general health determinant which combined authorities must consider in their duty to reduce health inequalities.
Amendment 87, page 44, line 36, at end insert—
“(e) access to green space and nature,
(f) exposure to environmental harms, including air pollution, water pollution, land pollution, and any other form of environmental pollution,”.
This amendment would expand the list of general health determinants for the purposes of the new health improvement and health inequalities duty as it applies to CCAs, so it includes access to green space; and exposure to environmental harm.
Amendment 88, page 45, line 3, at end insert—
“(5A) In subsection (5)(e), the reference to “green space and nature” includes—
(a) any multifunctional green and blue space, and
(b) any urban or rural natural feature,
that is considered to deliver any environmental, economic, health and wellbeing benefits for communities and nature.”
This amendment is consequential on Amendment 87 and describes “green space and nature” for the purpose of this section.
Amendment 172, page 45, line 11, at end insert—
“107ZBA health inequalities strategy
(1) Each strategic authority must prepare and publish a health inequalities strategy setting out how it will operationalise the duty under section 107ZB.
(2) The strategy may be a standalone document or incorporated within another statutory or strategic plan of the authority.
(3) The strategy must promote health improvement and the reduction of health inequalities between persons living in the strategic authority area.
(4) In preparing the strategy, an authority must have regard to relevant national and local strategies relating to health improvement and the reduction of health inequalities.
(5) The strategy must set locally appropriate targets and policies designed to meet them, set for the end of a 10- year period beginning on the day on which the strategy is published.
(6) The metrics may include, but need not be limited to metrics relating to—
(a) healthy life expectancy,
(b) infant mortality rate, and
(c) poverty (including the child poverty rate).
(7) The strategic authority must, once every five years, alongside its local growth plan, produce and make publicly available a report on progress against the strategy.”
Amendment 76, page 45, line 21, at end insert—
“(2A) The Secretary of State has a duty to ensure that a CCA has sufficient financial resources and adequate administrative support to have regard to the needs described in subsection (1).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a CCA insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of CCAs with regard to reducing health inequalities in their areas.
Government amendment 117.
Amendment 93, page 45, line 31, leave out “prosperity” and insert “poverty and socio-economic inequality”.
This amendment is linked to Amendment 92 which would ensure that the health improvement and health inequalities duty focuses explicitly on tackling poverty and socio-economic inequality, rather than using the broader term “prosperity”.
Amendment 73, page 45, line 36, at end insert—
“(e) nitrogen dioxide level and general air quality,”.
This amendment would include air quality as a general health determinant which CCAs must consider in their duty to reduce health inequalities.
Amendment 89, page 45, line 36, at end insert—
“(e) access to green space and nature,
(f) exposure to environmental harms, including air pollution, water pollution, land pollution, and any other form of environmental pollution,”.
This amendment would expand the list of general health determinants for the purposes of the new health improvement and health inequalities duty as it applies to CCAs, so it includes access to green space; and exposure to environmental harm.
Amendment 90, page 45, line 39, at end insert—
“(5A) In subsection (5)(e), the reference to ‘green space and nature’ includes—
(a) any multifunctional green and blue space, and
(b) any urban or rural natural feature,
that is considered to deliver any environmental, economic, health and wellbeing benefits for communities and nature.”
This amendment is consequential on Amendment 87 and describes “green space and nature” for the purpose of this section.
Government amendment 118.
Amendment 47, in clause 45, page 50, line 31, at end insert—
“(c) a draft of any such order is subject to the affirmative procedure.”
This amendment would ensure that regulations made by the Secretary of State to alter the size of PCC areas when transferring powers of PCCs to strategic authorities receive parliamentary scrutiny.
Amendment 48, in clause 46, page 53, line 43, at end insert—
“(7) Regulations made under this section are subject to the affirmative procedure.”
This amendment would ensure that regulations made by the Secretary of State regarding the functions of fire and rescue authorities receive parliamentary scrutiny.
Amendment 40, in clause 49, page 55, line 15, leave out subsection (3) and insert—
“(3) Where a notification under subsection (1) is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given, give effect to the change or changes proposed by the mayor or mayors.
(4) Effect may be given under subsection (3) by means of regulations made by statutory instrument.
(5) A statutory instrument made under subsection (4) is —
(a) subject to the affirmative procedure if it—
(i) amends an Act of Parliament, or
(ii) confers or modifies a function which relates to an area of competence;
(b) where neither of the conditions in paragraph (a) apply, subject to the negative procedure.”
This amendment creates a statutory duty on the Secretary of State to seek parliamentary approval before implementing mayoral requests for greater powers over funding or legal changes.
Amendment 36, page 55, line 21, at end insert—
“(4) No decision under subsection (3) may be implemented unless—
(a) the Secretary of State has made regulations giving effect to the decision,
(b) a statutory instrument containing the regulations has been laid before and approved by both Houses of Parliament, and
(c) save as where provided for otherwise, regulations giving effect to any decision made under section are subject to the affirmative procedure.”
This amendment would require any decision of the Secretary of State following a request from a local authority to be implemented by statutory instrument subject to the affirmative procedure.
Government new schedule 1—Charges payable by undertakers executing works in maintainable highways.
Government new schedule 2—Licensing functions of the Mayor of London.
Amendment 8, in schedule 1, page 81, line 15, leave out subparagraph (b).
This amendment, and Amendments 9 to 15, remove the ability of the Secretary of State to create, or make certain changes to the governance or composition of, combined authorities without consent of the councils involved.
Amendment 9, page 81, line 33, leave out subparagraph (b).
See explanatory statement for Amendment 8.
Amendment 10, page 82, line 18, leave out “subsections (3) to (5)” and insert “subsection (3)”.
See explanatory statement for Amendment 8.
Amendment 11, page 83, line 6, leave out paragraph 8.
See explanatory statement for Amendment 8.
Amendment 12, page 83, line 8, leave out paragraph 9.
See explanatory statement for Amendment 8.
Amendment 13, page 84, line 36, leave out paragraph 16.
See explanatory statement for Amendment 8.
Amendment 169, page 85, line 10, at end insert—
“(3A) The proposal does not include Cornwall Council, or any area under the authority of Cornwall Council.”.
This amendment would prevent the Secretary of State from making a proposal to establish a combined authority which includes Cornwall or any area under the authority of Cornwall Council.
Amendment 54, page 85, line 27, at end insert—
“(6A) The Secretary of State must consult town and parish councils within the proposed new combined authority area.”
This amendment would require the Secretary of State to consult town and parish councils prior to proposing a new combined authority in the area in which they are situated.
Amendment 166, page 85, line 27, at end insert—
“(6A) If the proposed area is within, or is, the area of a National Park the Secretary of State must consult with the authority for that National Park.”
This amendment would require the Secretary of State to consult a National Park authority, if the proposed area for a new combined authority is within, or is, the area of that National Park.
Amendment 170, page 85, line 40, at end insert—
“(1A) The order does not include Cornwall Council, or any area under the authority of Cornwall Council”.
This amendment would prevent the Secretary of State from making an order to establish a combined authority which includes Cornwall or any area under the authority of Cornwall Council.
Amendment 105, page 86, line 28, at end insert—
“(7A) A referendum has been held in which residents of the proposed combined authority have consented to the area being established as a combined authority.”
This amendment would create a requirement for a referendum to be held prior to the Secretary of State making an order to establish a combined authority.
Amendment 62, page 86, line 37, at end insert—
“(8A) The Secretary of State must make provision to ensure the combined authority receives adequate funding to facilitate its establishment.”
This amendment would require the Secretary of State to ensure that combined authorities receive adequate funding to facilitate their establishment.
Amendment 14, page 88, line 14, leave out paragraph 19.
See explanatory statement for Amendment 8.
Amendment 50, page 88, line 20, at end insert—
“(1A) The Secretary of State has obtained consent for the proposal from any affected local government area.”
This amendment would require the Secretary of State to obtain consent from all affected areas in preparing a proposal to add a local government area to an existing area of a combined county authority.
Amendment 171, page 88, line 20, at end insert—
“(1A) The proposal does not include Cornwall Council, or any area under the authority of Cornwall Council”.
This amendment would prevent the Secretary of State from making a proposal to add a local government area to an existing area of a combined authority if the area in the proposal includes Cornwall or any area under the authority of Cornwall Council.
Amendment 167, page 88, line 41, at end insert—
“(5A) If the proposed local government area or existing area is within, or is, the area of a National Park the Secretary of State must consult with the authority for that National Park.”
This amendment would require the Secretary of State to consult a National Park authority, if the local government area or existing area the Secretary of State proposes to merge is within, or is, the area of that National Park.
Amendment 55, page 89, line 2, after “to” insert “and thereafter consult with”.
This amendment would require the Secretary of State to consult with any of the relevant councils and persons given notice that an area is being proposed to be added to an existing combined authority.
Amendment 56, page 89, line 9, at end insert—
“(da) any town and parish councils whose area would be added to the area of the combined authority, and”.
This amendment would require the Secretary of State to consult local councils prior to proposing the area in which they are situated is added to an existing combined authority.
Amendment 51, page 89, leave out from beginning of line 25 to end of line 12 on page 90.
This amendment would remove the Bill’s provision for the Secretary of State to have powers to prepare a proposal for there to be a mayor for the area of an existing combined authority.
Amendment 15, page 90, line 13, leave out paragraph 20.
See explanatory statement for Amendment 8.
Amendment 16, page 94, line 36, leave out subparagraph (b).
This amendment, and Amendments 16 to 21, remove the ability of the Secretary of State to create, or make certain changes to the governance or composition of, combined county authorities without the consent of the councils involved.
Amendment 17, page 95, line 21, leave out subparagraph (b).
See explanatory statement for Amendment 15.
Amendment 18, page 97, line 10, leave out paragraph 33.
See explanatory statement for Amendment 15.
Amendment 19, page 97, line 12, leave out paragraph 34.
See explanatory statement for Amendment 15.
Amendment 52, page 98, line 22, leave out paragraphs 37 and 38.
This amendment would remove the Bill’s provision for the Secretary of State to have powers to prepare a proposal for the establishment of a CCA without a public consultation.
Amendment 20, page 98, line 34, leave out paragraph 38.
See explanatory statement for Amendment 15.
Amendment 164, page 99, line 27, at end insert—
“(6A) If the proposed area is within, or is, the area of a National Park the Secretary of State must consult with the authority for that National Park.”
This amendment would require the Secretary of State to consult a National Park authority, if the proposed area for a CCA is within, or is, the area of that National Park.
Amendment 106, page 100, line 26, at end insert—
“(7A) A referendum has been held in which residents of the proposed CCA have consented to the area being established as a CCA.”
This amendment would create a requirement for a referendum to be held prior to the Secretary of State making regulations to establish a CCA.
Amendment 21, page 102, line 16, leave out paragraph 41.
See explanatory statement for Amendment 15.
Amendment 22, page 104, line 13, leave out paragraph 42.
See explanatory statement for Amendment 15.
Amendment 86, page 112, line 1, leave out Schedule 3.
This amendment is consequential on Amendment 85.
Amendment 163, in schedule 3, page 113, leave out lines 1 to 32.
This amendment removes restrictions limiting appointments by mayors to one commissioner per competence.
Government amendments 122 to 124.
Amendment 24, page 117, line 25, at end insert—
“(2A) The relevant remuneration panel may not recommend allowances which exceed the amount paid in salary to a person employed at director level within the relevant authority.”
This amendment ensures that Commissioners cannot be paid more than Directors working for the authority.
Amendment 151, page 120, line 32, at end insert
“or,—
(c) prevent the commissioner from operating collaboratively with other commissioners across different areas of competence, recognising that the work of commissioners will often intersect and benefit from integrated working with a spatial lens to meet the needs of, and drive positive outcomes for specific places as a whole.”
This amendment broadens the scope of paragraph 4 of this Schedule to ensure that commissioners appointed by the mayor for the area of a combined authority are not only permitted to work incidentally across areas of competence but are also encouraged to do so collaboratively and with a spatial, place-based perspective.
Government amendments 125 to 134.
Amendment 23, in schedule 5, page 136, line 11, at end insert—
“(3) The regulations must include a requirement for the license holder to maintain sufficient docking space for the micromobility vehicles for which they hold a license.
(4) The regulations must include requirements for license holders which would require them to ensure that the micromobility vehicles for which they hold a license do not obstruct any highway, cycling path, footpath, bridlepath, or subway.
(5) The regulations must stipulate that failure of license holders to comply with subsections (3) and (4) will warrant a loss of license.”
This amendment would require that regulations ensure that license holders for micromobility vehicles are responsible for maintaining sufficient docking space for their vehicle and ensuring their vehicle does not obstruct any highways or public paths, or else lose their license.
Government amendment 137.
Amendment 35, in schedule 7, page 146, line 22, at end insert—
‘3 “(1) Part 1 of Schedule 7 of the Traffic Management Act 2004 is amended as follows.
(2) After paragraph (4) insert—
4A “(1) There is a parking contravention in England if a person causes an obstruction which, without lawful authority or excuse, causes or permits a motor vehicle to stand on a pavement in such a manner as to wilfully obstruct free passage along the pavement.
(2) A parking contravention under subparagraph (1) is a civil offence which may be enforced by the local authority in which the contravention has occurred.
(3) The relevant local authority under subparagraph (2) may issue penalty charges for a civil offence under subsection (2).
(4) The amount for a penalty charge under subparagraph (3) shall be determined by regulations made by the Secretary of State.
(5) Regulations under subparagraph (4) may specify different penalty charge amounts based on—
(a) the obstructing vehicle class,
(b) the area of the local authority in which the obstruction has occurred, or
(c) any other relevant circumstantial consideration.
(6) In this paragraph—
(a) “motor vehicle” has the meaning given in section 136 of the Road Traffic Regulation Act 1984, and
(b) “pavement” has the meaning given in section 72 of the Highway Act 1835.
4B (1) Penalty charge amounts for parking contraventions under this Part may be set by the relevant local authority.
(2) Amounts under subparagraph (1) must align with provisions under section 77 of this Act.
(3) Amounts under subparagraph (1) must have regard to any regulations made under section 87 of this Act.
(4) Amounts under subparagraph (1) must be published by the local authority and may be revised from time to time.”’
This amendment would allow local authorities to enforce obstructive pavement parking within their areas as a civil offence and devolves the power to set parking penalty charge amounts for all parking penalty charge offences to local authorities.
Amendment 74, in schedule 7, page 146, line 22, insert—
‘3 “(1) After Paragraph 10 of Schedule 8 to the Traffic Management Act 2004, insert—
“Exercise of functions relating to civil enforcement
11 Any functions related to civil enforcement described by this schedule must be exercised directly by—
(a) the elected mayor for the area of an authority, or
(b) a member of an authority who is an elected member of a constituent council.”’
This amendment ensures civil enforcement powers, when exercised by CAs and CCAs, must be under the direction of elected officials.
Government amendments 138 to 144.
Amendment 25, in schedule 12, page 174, line 24, 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.”
This amendment 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.
Government amendments 145 and 146.
Amendment 71, page 175, line 22 at end insert—
“(ba) After subsection (1BB), insert—
“(1BBA) When exercising any power under this section, the mayor of a relevant authority must ensure—
(a) any plans received comply with any Strategic Spatial Energy Plan for the area, and
(b) any plans comply with any Land Use Framework applicable to the area”.’
This amendment requires mayors to ensure that when making decisions relating to planning applications, the planning applications have regard to any Strategic Spatial Energy Plan and, or Land Use Framework in place for the area.
Government amendments 147 to 149.
Amendment 26, in schedule 17, page 207, line 27, at end insert—
“7A After section 202, insert—
‘202A: restrictions on designation of greenfield land
Where an MDC exercises any functions in relation to the designation of land for development, the MDC must not designate any development on greenfield land unless there is no available land that has not previously been developed.’”
Amendment 69, page 210, line 12, leave out from “that” to end of line 13 and insert
“the majority of members of an MDC are elected members of relevant councils”.
This amendment would require that the make-up of Mayoral Development Corporation boards must have a majority of members from constituent councils.
Amendment 65, in schedule 19, page 214, line 30, at end insert—
“(d) comply with any Land Use Framework issued by the Secretary of State, and
(e) comply with any local nature recovery strategies applicable to the area covered by the authority.
(2A) The Secretary of State must take steps to support a mayoral combined authority in complying with the provisions of paragraphs (2)(d) and (2)(e) of this section.”
This amendment requires mayoral combined authorities to ensure their local growth plans comply with any overarching Land Use Framework and relevant local nature recovery strategies.
Amendment 80, page 214, line 30, at end insert—
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require combined authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
Amendment 159, page 214, line 30, at end insert—
“(2A) The mayoral combined authority must include amongst the projects identified measures that will promote growth through the safeguarding and promotion of existing cultural, creative, and community infrastructure such as grassroots music venues, theatres and other live performance spaces.”
Amendment 173, page 214, line 30, at end insert—
“(d) take account of the statutory health duty and health inequalities strategy prepared by the strategic authority, and
(e) promote community wealth building, cooperatives, mutuals and the wider social economy as mechanisms to narrow health inequalities.”
Amendment 174, page 214, line 30, at end insert—
“(2A) In preparing a local growth plan, a mayoral combined authority must make specific reference to the proposed benefits of the plan on areas which are rural, remote, or coastal.”
This amendment would require local growth plans to make specific reference to the proposed benefits of the plan on rural, remote and coastal areas.
Amendment 83, page 215, line 19, at end insert—
“107MA Funding and support relating for local growth plans
‘(1) The Secretary of State has a duty to ensure that mayoral combined authorities have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral combined authorities in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.’.”
This amendment creates a requirement for regular reviews of the needs of mayoral combined authorities with regard to local growth plans.
Amendment 66, page 216, line 29, at end insert—
“(d) comply with any Land Use Framework applicable to the area covered by the authority, and
(e) comply with any local nature recovery strategies applicable to the area covered by the authority.”
“(2A) The Secretary of State must make provision to support a mayoral CCA in complying with the provisions of paragraphs (2)(d) and (2)(e) of this section.”
This amendment requires mayoral CCAs to ensure their local growth plans comply with any overarching Land Use Framework and relevant local nature recovery strategies.
Amendment 81, page 216, line 29, at end insert—
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require combined authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
Amendment 160, page 216, line 29, at end insert—
“(2A) The mayoral CCA must include amongst the projects identified measures that will promote growth through the safeguarding and promotion of existing cultural, creative, and community infrastructure such as grassroots music venues, theatres and other live performance spaces.”
Amendment 84, page 217, line 15, at end insert—
“32BA Funding and support relating to local growth plans
(1) The Secretary of State has a duty to ensure that mayoral CCAs have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral CCAs in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.”
This amendment creates a requirement for regular reviews of the needs of mayoral CCAs with regard to local growth plans.
Amendment 49, in schedule 21, page 224, leave out lines 6 to 12.
This amendment would remove the provision to allow mayors to appoint a person to manage policing and crime for their area.
Government amendments 112, 135, 136 and 113.
Miatta Fahnbulleh
I am delighted to bring the English Devolution and Community Empowerment Bill back to the House on Report. Before I go any further, I would like to place on the record my gratitude to Members from across the House for their continued engagement on this Bill, and in particular to the Chairs and members of the Public Bill Committee for their diligent and thoughtful contributions to line-by-line scrutiny.
This Bill will secure the biggest transfer of power out of Whitehall to our regions and communities in a generation. At its heart is the principle that if we take power out of Westminster and Whitehall and place it in the hands of local leaders and communities who know their patch, we can unlock the economic potential of places, revive communities that have been held back for too long, and deliver for people in the places where they live, raise a family and work.
We will provide mayors and their strategic authorities with new powers over planning, housing, transport and regeneration so that they can get Britain building and unleash the economic potential of their areas. We will reform and rebuild local government so that it can once again deliver good local services that people can rely on, and we will empower local communities to shape their places so that they can drive the change they want to see on their doorstep.
Order. May I urge hon. Members to make short interventions?
Yes, I will do. I welcome the lane rental measure, which the Government put in the White Paper and is now in the Bill. However, why do the Secretary of State and the Minister not trust other authorities? Why does it apply only to elected mayoral authorities? Would it not be fair for all authorities to be able to use lane rental, which is so important in improving roadworks?
Dare I say it, but I think the hon. Gentleman is probably being slightly naughty. We are trying to put into the legislation that we want to counter what this Government have been doing, which is to make it easier to build on rural areas where infrastructure is not deliverable, when we should be building first in town centres and high-density areas where most people in this country want to live, and that is why we will be supporting amendment 25.
Amendment 26 would place a simple, but vital restriction on mayoral development corporations: when they are designating land for development, they must not designate greenfield land unless there is no suitable previously developed land available. This principle has long commanded support across this House. Members on all sides, except for the Government, recognise that we must make the best possible use of brownfield land before contemplating the loss of undeveloped countryside.
Madam Deputy Speaker—
Order. Mr Holmes, before you flick through any more pages, it is obviously very interesting to hear you speak, but over 25 Members are hoping to contribute.
The official Opposition have tabled other amendments, and I could speak about them all evening, Madam Deputy Speaker, but to reassure you, the officials in the Box and Members across this House, I will draw my remarks to a close.
We should not confuse amendments with progress, and we should not confuse this Bill with something that delivers true devolution. True devolution requires clarity, accountability and sustainability in funding, and this Bill offers none of those things. It is a patchwork of half-formed ideas, untested assumptions and powers handed out without the democratic scaffolding needed to hold them up. I believe in devolution done properly, but this does not do that. England deserves a coherent settlement, not a constitutional patchwork. Communities deserve real empowerment, not distant regional authorities replacing national ones. Taxpayers deserve accountability, not new structures that spend their money with little scrutiny. We urge the Government to look at this again and to accept the amendments I have outlined.
I call the Chair of the Housing, Communities and Local Government Committee.
I congratulate the Minister on bringing this Bill back. On a happier note than that of the shadow Minister, the hon. Member for Hamble Valley (Paul Holmes), I think this Bill does outline some of the powers going down to local communities. My understanding is that this is the first Bill to have “community empowerment” in its title, which shows the Government’s commitment to push on it. The Minister and I are fellow Labour and Co-operative MPs, and I am very excited about the community right to buy. I pay tribute to the many across the co-op movement who have been fighting for this for many years. I am mindful of the time, so I want to reflect on three specific areas.
First, new clause 25, tabled by my Select Committee colleague, the hon. Member for Newbury (Mr Dillon), would require the Secretary of State to publish guidance on community infrastructure levy charges on homeowners, including on how local councils will respond to technical errors. Our Committee heard representations from the CIL Injustice group, which represents dozens of homeowners who have been unfairly charged CIL for home extensions, self-build and other small projects, even though CIL is intended as a levy for large-scale developments. Councils have seemingly issued the charges due to technical administrative errors such as paperwork being completed incorrectly, but the impact of these charges are life changing for some residents. We heard evidence of homeowners facing unexpected bills ranging from £40,000 to £200,000. We heard that some councils are applying a zero-tolerance approach, with the threat of imprisonment if these bills are not paid. Ultimately, we are seeing homeowners suffering real distress as a result. Some of them have been forced to sell their homes because they have been charged for something they should not have been charged.
To the credit of the Minister for Housing and Planning, he told our Select Committee that the CIL regulations are
“not intended to operate in this way”,
and that the Government are
“giving very serious consideration to amending them”
to ensure no one is unfairly charged. However, that was back in July, and in a letter to the Committee earlier this month, he was unable to provide an update on the plans to amend the regulations. He told us that the Department
“has not issued any formal or informal communications”
to councils about charging CIL. New clause 25, tabled by the hon. Member for Newbury, would require the Government to take the steps urgently needed to address the unfair CIL charges. It would be helpful if the Minister, when winding up, gave the House an update on when the review of CIL guidance is coming, or if we can expect any secondary legislation to address this. We understand that Ministers cannot intervene on individual cases, but a clear direction should be issued to councils that they cannot treat applicants in this way and that they should clear up the paperwork to stop more homeowners being pursued for thousands of pounds of charges.
Secondly, new clause 31, on the tourism levy, has been tabled by my hon. Friend the Member for Liverpool Wavertree (Paula Barker). This new clause would give established mayoral strategic authorities the power to impose a levy on overnight accommodation in their area. Importantly, subsection (6) would require that money received from this levy is paid into the general fund of the authority, so it would be going directly to local councils. Our Select Committee has pressed the Government to go further with fiscal devolution. We welcome the empowerment of local councils in many areas, but we are very clear that the one omission from the Bill is fiscal devolution down to our local colleagues. Our report on the funding and sustainability of local government finance, which we published in July this year, included a recommendation to the Treasury to devolve tax-setting powers to local authorities, allowing them to set their own forms of local taxation, such as the tourism levy. I understand that, as the Minister outlined, anything to do with taxation is down to the Treasury and is not something for HCLG Ministers to look at, but I hope they are actively having such conversations with Treasury Ministers.
We acknowledge that visitor levies have pros and cons. Their benefits would not be equal right across the country, and the right approach must be taken in each local area. However, our Select Committee heard that, where it does work, it would be helpful as a new form of fundraising at the regional level. For example, Mayor Tracy Brabin, the mayor of the West Yorkshire Combined Authority, told us that a visitor levy would give the authority an opportunity to become more self-sufficient. Councillor Louise Gittins, the chair of the Local Government Association, told us that some form of the tourist levy would be really helpful to deal with the pressures that tourists can put on local economies. The Government’s explanatory notes state that the purpose of the Bill is to transfer power out of Westminster, but, as I mentioned, the fiscal devolution element has been very quiet. I hope the Minister will recognise that until Westminster is willing to let go of its tight grip on tax setting and revenue raising down to local authorities, we will not see the kind of independence, community empowerment and local accountability we all want. New clause 31 would grant local authorities the power to impose visitor levies. It would be a positive first step in that direction.
Vikki Slade
I am very happy to move new clause 29, should the hon. Member not have the opportunity to—
Order. Ms Berry, if you need some information on how to process procedure, please ask the Clerks or the Chair—you can come to me in a minute. We are speaking to all the amendments. Ms Slade, continue.
Vikki Slade
Thank you, Madam Deputy Speaker.
Without new clause 29, my concern is that a mayor who does not honour the net zero commitments of the councils that sit within their area may undermine those councils’ principles and hard work, which will have been done over many years.
New clause 4, in the name of the shadow Minister, and new clause 25, in the name of my hon. Friend the Member for Newbury (Mr Dillon), relate to the community infrastructure levy, which is an important measure that councils rightly need to mitigate the impact of new homes. When residents come to me worried about developments, they are always asking about what will happen with new roads, schools and services, which is why CIL matters so much. However, in Dorset and elsewhere, homeowners have been wrongly charged CIL for extensions and self-builds, with £1.6 million taken in error. Ministers say that the system works, but if so, what do they say to homeowners out of pocket by tens of thousands of pounds? Accepting these two simple amendments or introducing clear and robust regulation would reassure homeowners that they will not be facing unfair bills.
I am trying to calculate the time; I hope that we have more than one speaker bobbing.
Several hon. Members rose—
Marvellous. As we have four more speakers and we definitely have to finish business by 10 pm, Back Benchers are on a speaking limit of 10 minutes.
Andrew George
It is interesting to follow the hon. Member for Isle of Wight East (Joe Robertson). I also have ferries in my constituency, but I have not tabled amendments to deal with them in a Bill about devolution. I will return to the Cornish question raised by the hon. Member for Camborne and Redruth (Perran Moon)—I will call him my hon. Friend. I will concentrate on whether it is appropriate to deal with the idiosyncrasies around the country in the way that he proposes in new clause 70, or in the way that I have done in amendments 175 and 176—our amendments would treat Cornwall as an exception—or whether the issue should be treated as a matter of principle, as my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) has done in new clause 28.
I accept that everywhere is special and unique. The question is often asked: why is Cornwall asking for more consideration than other places? The answer is in part, as my hon. Friend the Member for Camborne and Redruth said, that special legislation and regulations apply to us; there is our national minority status, recognition of the Cornish language, the existence of the duchy, and its separate constitutional relationship with the Crown. Of course, all places are the result of the accidents of history and geography, and in Cornwall, there is a confluence of the two. If we are not to go in the direction of breaking down all barriers and having one world government, with no distinction between one place and another, we must recognise the tipping point—the difference between English counties and Cornwall, which is a rather unique place that, as he and I believe, needs to be given special consideration.
Like my hon. Friend, I describe myself as Cornish and not English. That is not being anti-English; I am proud of my relationship with England, as all Cornish people are, but we as a people have a separate history. We start our contributions to these debates by saying “Meur ras”, to introduce the Cornish language. Although not many people in Cornwall speak the Cornish language now, not many people in Scotland speak Scottish Gaelic, but that is not to say that Scots are less Scottish because of that. The fact is, the last person who could not speak English died nearly 200 years ago.
There has recently been a great deal of coming together to recognise the importance of identity and our Celtic past. Indeed, I have spoken about the Cornish language with Breton friends, and found that there is a stronger association between Cornwall and Brittany than between Cornwall and Wales, from which we were separated by the Saxons some 1,500 years ago. Indeed, Athelstan drew the line between Cornwall and England in 936 because he felt that the Cornish were not worth the effort of inevitable annihilation.
All that history is interesting and relevant, and feeds one’s understanding of who one is, but as I said in an intervention, I am not interested in being backward-looking or insular. Rather than cut ourselves off, we need to cut ourselves into the celebration of diversity, and use our identity as a strength that helps us to look forward. Indeed, we had a very welcome statement earlier on the Government’s critical minerals strategy, and Cornwall can and should be looking forward with all our strengths in the space sector, critical minerals and green energy. We have a lot to look forward to, but we need to have a basis of confidence on what to do.
Martin Wrigley (Newton Abbot) (LD)
It has been a long afternoon. I thank my Lib Dem colleagues in Committee who bravely stood up for towns and parishes and would like the role of town and parish councils to continue. I refer the House to my entry in the Register of Members’ Financial Interests as I am still a sitting district councillor. District councils play an interesting role when we have town and parish councils because they form the connection between the towns and parishes, the district and the county. Those three layers work together, and they pull in a similar direction when it is working well. I could regale the House with the achievements of Dawlish town council, Newton Abbot town council or Teignmouth town council, or of the various parish councils. They have done fantastic things for their communities, but they can only do that when they are part of the process and are able to talk and act with the higher councils as well. What is missing from this Bill is anything like a duty to co-operate between the unitary, the town and the parish councils. Were that in place, there would be a much better conversation.
We have no set idea in Devon what the best layout of unitary councils would look like. There are six, or possibly 10, options coming up to the Government for consideration, which is clearly entirely unreasonable. One of the options is a single large unitary replacing the footprint of Devon county council. Something like that would take a localised idea of what was going on in the district councils, for example with five district councillors in Dawlish representing the people in that area, to a far distant control, where there could be two unitary councillors trying to deal with those issues. It would be difficult to persuade residents that that unitary council is working with their best interests at heart. That duty to co-operate is important.
We went through all the process, and the former Secretary of State, or Under-Secretary—I am unsure of the best form of address.
Martin Wrigley
Thank you, Madam Deputy Speaker; it has been a long day. The previous Minister was talking about neighbourhood area committees, and yet I was surprised when I looked at the Bill that there is nothing in there about neighbourhood area committees. They are not mentioned in any way, shape or form. Devon is very big at saying, “We’re going to make these neighbourhood area committees, and it is going to really work for you,” but it is not. This is why I have tabled new clause 71, which sets forth the need and requirement for neighbourhood area committees and to make them a statutory consultee within unitary councils because they currently are not.
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(5 months, 2 weeks ago)
Commons Chamber
Several hon. Members rose—
Order. The time limit for speeches is now three minutes.
Rachel Gilmour (Tiverton and Minehead) (LD)
I will speak in favour of new clause 38, which I tabled. It seeks to introduce measures to prevent developers from using their own surveyors who have a vested interest in downgrading agricultural land in order to secure planning permission—particularly for solar farms—to build all over our countryside, taking farmers’ land and livelihoods.
The new clause was born out of a specific issue that was raised with me in my constituency. In Washford, a farmer called Mr Dibble—no kidding—has a farm in his family’s name. They have been there for generations. Some time ago, developers came to see him with a plan for development on the farm, and he refused. His lease is guaranteed for another generation, but the solar farm developers did not seem to care. He reached out to me because of the unfairness of the situation. I was shocked to find out that the developers had organised a surveyor to visit his property, who had deemed it sub-par agricultural land. Anyone with eyes can see that that is not the case. Farmer Dibble would not have been able to grow the crops that he has on that land had it been of the quality that the developers claimed it was. His land is grade 1 or 2 at the very least, yet surveyors are coming in, paid for by the developers, to say that—surprise, surprise—it is grade 3 at best.
At present, local authorities’ hands are tied. They have no powers to order independent assessments of land quality, nor the ability to pass judgment on the assessments made by others. My new clause seeks to give them that power. It also seeks to enshrine the employment of a land use framework for planning and development decisions. Along with many others in this place, I am sure, I am still waiting to hear the results of the land use framework consultation from the Department for Environment, Food and Rural Affairs, but I hope that it follows the principles set out by my hon. Friend the Member for Taunton and Wellington (Gideon Amos). If a development is proposed for agricultural land that falls outside the land use framework and there are competing assessments of the agricultural grade of that land, then new clause 38 would give local authorities the power to demand that a new, independent assessment of land quality be undertaken. That would stop the railroading of farmers and help to preserve good agricultural land, rather than seeing it built over.
Our farmers are our future. I call on hon. Members to back new clause 38 and new clause 17, which has been tabled in the name of my party.
Neil Duncan-Jordan
I welcome the opportunity this debate offers to lift our eyes to the bigger picture of what a better, fairer country might look like. New clause 13 on the charter for community rights, tabled by my hon. Friend the Member for North East Hertfordshire (Chris Hinchliff), does exactly that, and it represents the sort of change my constituents in Poole are crying out for. It rests on two simple, but transformative principles: first, that communities in England deserve a real say in the places where they live, with a legally enshrined right to challenge local decisions that shape their lives; and, secondly, that people should enjoy basic rights, including the right to a clean, healthy environment and the right to a decent home.
A legal right to a quality home in a healthy environment may not sound like a lot to ask in the sixth richest country in the world, but it is a million miles from the lived reality of so many of our constituents. Poor housing, alongside access to decent healthcare, stable incomes and healthy food, is one of the core social determinants of ill health. Enshrining the rights to a healthy environment and a quality home in law would support the kind of cross-government approach we urgently need to reduce health inequalities. Those rights can be seen in the same vein as the long-awaited socioeconomic duty, which requires public authorities to consider how their policies and decisions can reduce inequalities. Properly implemented, it could help address structured, avoidable disparities in housing and health. I urge the Government to introduce that duty as a matter of urgency.
A Labour Government must raise the bar: not simply building more housing, but building better homes in decent communities at a price that people can afford. That should be our legacy to future generations and it can start now.
Colleagues who have contributed to the debate should be here for the wind-ups. That is a notice. I call the shadow Minister.
I open by drawing the attention of the House to my entry in the Register of Members’ Financial Interests. I hold some voluntary roles in local government. I place on record my particular thanks to my hon. Friends the Members for Hamble Valley (Paul Holmes) and for Broxbourne (Lewis Cocking), who served with such distinction on the Bill Committee.
Local government is the most efficient part of the public sector. It is uniquely democratically accountable among our public services. It is also uniquely financial constrained by the requirement for council budgets to balance in-year. We know that the average local authority delivers over 800 different services, which range from public health and child protection to housing the most vulnerable, trading standards, markets, parking and road maintenance. Councils empty the bins, recycle the waste, lend books and care for the elderly, but Governments rarely rise or fall based on what happens in the local government sector. It is not the most dramatic or glamorous part of our state, but day to day, as contributions from right hon. and hon. Members across the Chamber have reflected, it probably has the most important impact in our constituents’ lives.
As we heard in Committee, and as we have heard in the amendments and in this debate, our local government is under unprecedented pressure due to this Government’s poor decisions. On the track record of my party in office, we saw local authorities using their discretion but for the most part seeking to keep council tax low, with the additional revenue from projects such as the new homes bonus, council tax freeze grant and the approach to business rate grant being implemented to support local businesses and local communities.
Today, with few exceptions across the sector, we see local authorities facing the maximum possible council tax rises, the maximum possible business rate increases and the maximum possible increases in fees and charges, against a backdrop where housing delivery, supposedly the Government’s top priority, has collapsed, despite a legacy of 1.5 million new homes—their target for the whole of the Parliament—with planning permission already granted. All this green belt-grey belt nonsense, which has caused such concern and anxiety to Members and our constituents, is entirely irrelevant. They already have an entire Parliament’s supply of homes with planning consent ready to build. The jobs tax has left our local authorities worse off by £1.5 billion net. It has driven up the cost of almost every local government service, from the care of the elderly and vulnerable children to the day-to-day maintenance of our roads and our environment.
Tonight, what we have before us is this Government’s botched and incoherent restructuring, with no clear vision of what local government in England is even for. When we consider the matters that we will press to a Division, new clause 69 on election cancellations and new clause 80 on statutory notices are among a very extensive list of options. We have heard from one or two Members that the retention of the committee system was democratically approved locally. Although measures adopting the Opposition’s proposals on councillors’ addresses make some minor improvements to the Bill, the cancellation of local elections is a clear example of a mess of the Government’s making.We support our local colleagues in making the best of the very difficult set of decisions that they have to take. However, having been told by Ministers—as the Opposition did when in office—that elections to local authorities that were due to be abolished would be cancelled, that was not what the Government then did. They simply deferred those elections for 12 months, making the waste of taxpayers’ money and the concern of local residents even greater, while raising the prospect of a lack of accountability as this important process goes through.
Miatta Fahnbulleh
I beg to move, That the Bill be now read the Third time.
I am privileged to be able to open this Third Reading debate following constructive debates on Report. Let me first reiterate my thanks to Members on both sides of the House for their thoughtful contributions during the Bill’s passage.
The Bill cements the Government’s commitment to powering up our regions, rebuilding local government and empowering our communities, which is fundamental to achieving the changes that our constituents expect and deserve: better living standards, improved public services and politics being done with communities, not to them. This Government’s ambition is to bring power and decision making closer to the people who know their areas best. The Bill will truly empower residents to shape the places where they live and work, and from fixing our broken local audit system to empowering mayors to unlock the economic potential of their places, it will set local government on a firmer footing and enable local leaders to deliver a decade of national renewal. These changes are long overdue, and we are now taking ambitious action where previous Governments have failed.
I extend my thanks to everyone who has played a role in getting the Bill to this stage. I am particularly grateful to my right hon. Friend the Secretary of State for Housing, Communities and Local Government for his dedication and commitment to this agenda. I am also grateful to my hon. Friend the Member for Oldham West, Chadderton and Royton (Jim McMahon) for his leadership, and for the huge amount of work that he put into developing this impressive piece of legislation. I thank the Members on both sides of the House who scrutinised the Bill in such detail in Committee, and I thank the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), for his constructive and, for the most part, collaborative approach.
Let me also put on record my thanks to representatives of the wider local government sector, especially those who gave evidence earlier this year. They are critical actors in providing the frontline services that residents need and deserve, and, whether they are councillors, mayors, police and crime commissioners or third sector representatives, the House thanks them for their service. I hope that colleagues in the other place continue to take the same collaborative approach that has been taken in this House, and I wish Baroness Taylor of Stevenage the best with moving the Bill forward. I commend it to the House.
Dr Ellie Chowns (North Herefordshire) (Green)
On a point of order, Madam Deputy Speaker. The Prime Minister said something that was inaccurate during his statement on the G20 summit and Ukraine, when he wrongly said:
“The Green party…says that we should pull out of NATO”.
That is not correct. Our party policy explicitly says that we recognise that NATO, while imperfect and in need of reform, has an important role in ensuring the ability of member states to respond to threats to their security. We support the principle of international solidarity, whereby nations support one another through mutual defence alliances and multilateral security frameworks. Madam Deputy Speaker, what advice can you provide on the Prime Minister correcting the record?
I am grateful to the hon. Member for giving notice of her point of order. It is not a point of order for the Chair, but she has most definitely put her point on the record.
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(3 weeks, 2 days ago)
Commons Chamber
Joe Powell
I completely agree. I was with councillors from Brent and my hon. Friend the Member for Brent East (Dawn Butler) earlier today, and they have similarly tried to use creative methods to restrict these places opening, but they have really struggled, so they really welcome these impact assessments.
In the interests of time, let me say that it is my sincere hope that these gambling impact assessments will start to tilt the balance back to communities and away from these companies. These formal assessments must help communities like Earl’s Court, where too many gambling venues already exist and the harms are already clear to see. We need these preventive powers, not just reactive regulations and law enforcement to clean up the problem after the fact, so I strongly support Government amendment 80 and look forward to the day when it comes into force.
Vikki Slade (Mid Dorset and North Poole) (LD)
I am pleased that the Government support the principle of banning pavement parking and giving local authorities new powers, assuming that they come with new burdens funding. However, Lords amendment 40, which will give powers without a national framework, risks confusion, with inconsistent enforcement, frustrated residents and unfair pressure on frontline staff.
We need a ban across the country, with embedded changes to the highway code and a public information campaign. Shifting the responsibility to councils that decide to go ahead of the curve means that drivers could be caught out, particularly in areas of high tourism like mine in Dorset, where many drivers come from elsewhere. We need the law to be clear about exemptions for postal workers, emergency vehicles and where roads are too narrow for parking. Where such issues exist, we need the time to put down yellow lines and parking restrictions to prevent one problem from being replaced by another.
I recognise that as Lords amendment 40 is a Government amendment, there will be no vote on it, but I urge the Government to consider the potential pitfalls of the amendment and whether it answers the question that people have been asking for so many years. I think the answer is that it does not, and I urge the Government to bring forward a proper road safety Bill in the King’s Speech to properly ban pavement parking.
Let me turn to community asset transfer. I recently worked with Corfe Mullen town council to prepare an application for a transfer but it was no longer needed, thanks to the community raising nearly £600,000. I am now working with Holt football club to help it to protect its club from sale; the club was started 60 years ago by Terry Bradford with a lawnmower and a hosepipe for a shower, I am told. Since then, local residents and businesses from Gaunt’s Common and Holt have invested for all those decades to build a fabulous clubhouse and develop talent that has represented their country.
However, these projects fail because communities cannot compete with private buyers looking to make a profit and sellers knowing that they can squeeze every penny from local people by setting a price beyond their ability to fundraise. I welcome the Government’s commitment in the Bill to extend both the time that communities have to delay a sale and the independent valuation, but I seek clarity on whether the change will take effect on Royal Assent and be retrospective for applications already in train. I also strongly support the Lords amendments to extend the time on the register so that Holt football club, which has previously been threatened with eviction, can protect itself into the next generation.
Ben Maguire (North Cornwall) (LD)
I will briefly speak to Lords amendment 98. When it comes to regions such as Cornwall and my constituency of North Cornwall, this Bill neither respects nor gives due consideration to our unique national minority status. In a letter sent to the leader of Cornwall council in November last year, the Secretary of State said that he recognised Cornwall’s “distinct local identity” and said that the Government were
“minded, on an exceptional basis, to work”
with the leader to explore a bespoke deal for Cornwall.
Five months later, the Bill has progressed through both Houses and still we have nothing in writing about that bespoke Cornwall-only deal, or even provisions to allow for one. Instead, we see efforts by this Government to undermine Lords amendment 98. The Secretary of State plans to force his MPs to vote against that vital amendment, which would prevent the Bill from giving overreaching powers to Ministers, through which they could essentially force local authorities to combine, against the will of local people.
On 24 March, on Report in the other place, the Government Whip responded that discussions are “positive and ongoing” and urged my Lib Dem colleague in the other place, Lord Teverson, to withdraw his amendments that were specifically designed to provide appropriate legal protections for Cornwall. The Minister in the other place said:
“While the United Kingdom is a proud signatory to the charter and the framework convention, accepting these amendments risks creating uncertainty over the status and interpretation of those treaties in domestic law.”—[Official Report, House of Lords, 24 March 2026; Vol. 854, c. 1413.]
Instead, the Government seem to have chosen to completely ignore the European framework convention and charter for languages, which opens up the Bill to potential legal challenges.
Our national minority status in Cornwall has been completely ignored, and now risks being ignored by future Governments as well. This essentially means that the current or any future Secretary of State could force Cornwall to combine with other authorities, and disregard its national minority status. Let me be clear: Cornwall does not want that, and my constituents regularly urge me to make this point. We do not want to be dragged kicking and screaming into a combined authority with Plymouth or any other wider south-west authority.
Without Lords amendment 98, we risk having a diktat from the Westminster Government that tells us what to do. That is not devolution. I urge Members from across the House to vote against the Government’s attempt to disregard this vital amendment, and I respectfully ask the Minister to come to the Dispatch Box and set out what protections for Cornwall’s national minority status the Government will bring forward, and when.
That is the end of the Back-Bench contributions. I invite the Minister to respond.
With the leave of the House, we will consider the motions to disagree with Lords amendments 99 to 116 collectively.
Lords amendments 99 to 116 disagreed to.
Lords amendment 120 and 121 disagreed to.
Lords amendment 123 disagreed to.
Lords amendment 155 disagreed to.
Government amendments (a) to (f) to the words so restored to the Bill.
Lords amendments 1, 3, 5 to 12, 14 to 25, 27 to 35, 38 to 40, 42 to 84, 88, 92 and 93, 95 and 96, 117 to 119, 122, 124 to 154, and 156 to 170 agreed to, with Commons financial privileges waived in respect of Lords amendment 39.
Motion made, and Question put forthwith (Standing Order No. 83H(2)), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing with certain of their amendments.
That Miatta Fahnbulleh, Deirdre Costigan, Laura Kyrke-Smith, Sam Carling, Andrew Cooper, Sir James Cleverly and Zöe Franklin be members of the Committee;
That Miatta Fahnbulleh be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Christian Wakeford.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateNusrat Ghani
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(2 weeks, 3 days ago)
Commons ChamberI confirm that nothing in the Lords message engages Commons financial privilege.
Clause 2
Areas of competence
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
I beg to move,
That this House does not insist on its disagreement to Lords Amendment 2 but proposes Amendment (a) to the Lords Amendment.
With this it will be convenient to discuss the following Government motions:
That this House disagrees with the Lords in their Amendments 89B and 89C.
That this House insists on its disagreement with the Lords in their Amendments 36, 90 and 155, insists on its amendments 155A to 155F to the words restored to the Bill by that disagreement with Amendment 155, and proposes further Amendment (a) to the words so restored to the Bill by that disagreement.
That this House insists on its disagreement with the Lords in their Amendments 37 and 91, does not insist on its amendment 37A in lieu, and proposes Amendments (a) to (c) to the Bill in lieu of those amendments.
That this House disagrees with the Lords in their Amendments 94B and 94C.
That this House insists on its disagreement with the Lords in their Amendments 85 and 86, 97 to 116, 120, 121 and 123 but proposes Amendments (a) to (h) to the Bill in lieu of those amendments.
Miatta Fahnbulleh
I am grateful for the opportunity to speak once again on the English Devolution and Community Empowerment Bill. I am pleased that we have worked constructively throughout the Bill’s passage to ensure that the Bill is as strong as possible. We have engaged in good faith with Members from across the House and incorporated their feedback. With that, I turn to the amendments that remain in scope for ping-pong.
Lords amendment 2 seeks to add “rural affairs” as a distinct area of competence in clause 2 of the Bill. As I have said before, there is no difference in policy intent here; the Government’s position remains that those matters are captured in the existing areas of competence. Nevertheless, we recognise the strength of feeling that has been expressed by noble Lords in the other place. As we extend devolution beyond the predominately urban centres of England, it is right that strategic authorities look to use the powers and funding at their disposal to support communities across a wide range of geographies, whether urban, rural or coastal. The Government are therefore prepared to accept the addition of “rural affairs” and “coastal communities” to the list of subjects included in the areas of competence.
Hon. Members will know that the Government’s objective is for every part of England to benefit from devolution, and that we want this to be fundamentally a bottom-up process. For the benefit of the House, I will repeat the Government’s commitment not to commence the ministerial powers of direction to establish non-mayoral strategic authorities or expand existing strategic authorities without local consent for a period of two years following Royal Assent. This is the approach that we have taken in conversation and engagement with local authorities in order to form foundation strategic authorities, and this is the approach that we continue to take. At the same time, we have listened carefully to concerns raised by some in this House and in the other place about the backstop powers set out in schedule 1. We therefore propose removing the power for the Secretary of State to establish a mayor in an area without local consent.
On brownfield land, the Government fully agree on the importance of prioritising the development of brownfield land. As previous stated, planning policies and decisions are, and should be made, under the national planning policy framework. It remains the right place to set clear expectations on how and where developments should come forward. I have previously set out that imposing a legal requirement in the Bill would risk undermining effective plan-making and local flexibility in supporting sustainable development. The Government consider the amendment passed by the other place to be impractical, as it would undermine effective plan-making, limit consideration of local circumstances, and create inconsistency between the requirements for spatial development strategies prepared by mayors and strategic authorities, and those prepared by upper-tier county councils and unitary authorities. I therefore invite hon. Members to reject the amendment in lieu on brownfield land.
Let me turn to the issue of local authority governance arrangements. We remain firmly of the view that executive models of governance—in particular, the leader and cabinet model—provide the clearest and most transparent decision-making in local government. We continue to believe that our approach strikes the right balance between encouraging a more consistent model of governance across England’s local authorities and respecting local democratic mandates and decisions where a committee-run council has adopted its governance model more recently. We have got the balance right; we have listened and adapted, and we do not intend to go further. I invite hon. Members to reject the Lords amendment.
I recognise the strength of feeling about the role of town and parish councils in neighbourhood governance. The Government have considered Lords amendments 37 and 91 carefully, and we cannot accept an amendment that would undermine the principles of autonomy and localism. The creation of new parish councils is for local authorities to decide on, based on their community’s needs. Central Government should not intervene and direct that any particular model of neighbourhood governance is right for a place.
However, we have proposed a further amendment, building on our previous commitments. The new change requires local authorities to engage with town and parish councils where appropriate regarding parish representation under neighbourhood governance arrangements. That makes it clear that parish councils, where they exist, have an important role to play in neighbourhood governance. Again, we absolutely recognise the role of town and parish councils—I have made that point consistently throughout the passage of the Bill. We believe that our amendment strikes the right balance, alongside our commitments to reviewing and updating the guidance on community governance reviews, and to publishing a neighbourhood governance framework.
While I thank my noble colleagues for their insightful comments on the “agent of change” principle, I continue to hold that the most effective way to ensure the proper consideration of that principle is by strengthening existing mechanisms. National planning policy is not wishy-washy, as some have suggested. The framework carries significant weight in the planning system, and we are already in the most ambitious period of planning reform for a decade. I recognise the concerns that have been raised with me throughout this debate, and it is clear that the principle is not being effectively implemented. We already propose updating policy to address these issues, and I have committed to reviewing the guidance, in order to help disseminate best practice. Again, there is no fundamental difference in the policy intent; we are talking about the mechanism for taking it forward. We believe that the changes that we have in train will ensure that important businesses are protected from the effects of new development. With that, I urge the House to reject the Lords amendments.
The Bill has undoubtedly been improved as a result of the scrutiny in ping-pong so far, and we are incredibly grateful. We are pleased to be able to offer concessions on rural affairs, coastal communities, the power to direct a mayor, and town and parish councils. However, the Government are not prepared to accept any of the other Lords amendments that we have discussed today—not because there is fundamentally a difference in policy, but because we are thinking about the most effective mechanism for ensuring that these policies bite. I therefore urge the House to support the Government’s position and accept the Government’s concessions.
Despite the Minister’s centralising zeal, I detect a slight weariness on her part as we once again go toe to toe on Lords amendments. It remains the position of the Opposition that the Government are bringing forward in this Bill overall a set of centralising measures that are fundamentally about extending control from Whitehall into our town halls. Those measures come from a Government who have a record of imposing additional cost and responsibilities on our local authorities, as we hear continually from local government leaders.
It is welcome to hear from the Minister that there has been additional recognition from the Government of the differences that exist in our rural and coastal communities—I do have some coastline in my constituency, but I do not think Ruislip lido was what we had in mind when making the argument. It is clear that the needs of our rural and coastal communities, and the potential that they offer, are often different from what we see in urban and suburban areas, so we will not be pushing for a further vote on the matter of extending the recognition of rural affairs.
Chris Vince (Harlow) (Lab/Co-op)
I thank the shadow Minister for giving way, and congratulate him on his efforts yesterday. I am sure we are both struggling to bob in the Chamber this afternoon.
I agree with the shadow Minister about the cabinet model for local councils. I am sure he agrees that one of the advantages of that model is that there are fewer meetings, which makes being a councillor more accessible for those who have jobs and childcare commitments and means that we do not just rely on councillors who are perhaps retired. On his point about the Government’s approach to local authorities, does he agree that one good thing that this Government have done is ensure multi-year funding for local councils? When I was a councillor in Harlow—I got my mention of Harlow in—it was a real challenge for the opposition to do its shadow budgets and for the administration to do its budgets.
It would be interesting to know the timings of the shadow Minister’s marathon.
Suffice it to say that I was significantly slower than the hon. Member for Harlow (Chris Vince), whose outstanding efforts will, I am sure, leave him a little bit sore when bobbing today.
The hon. Member will know the benefits of an effective leader and cabinet model, because he has a good Conservative local authority led by Councillor Dan Swords, and the work of Councillor Dan Swords and his team has driven forward the improvements Harlow has been able to enjoy over many years.
In my comments, I will address the agent of change principle. I am the chair of the all-party parliamentary group on music, and this has long been on our agenda. The shadow Minister got the gist of this right when saying that it is about existing or long-standing venues—music venues and nightclubs, in particular—having to bat back legal challenges from residents of any new build residential property, but primarily apartments. We have had examples of cases, such as Alphabet and the Moth club, where there have been legal costs of £50,000 or more from having to take on new developments that are challenging their ongoing operations.
I encountered a case of this kind in my constituency, which we had to fight in the planning committee. An organisation called Music and Arts Production provides music and arts education in its building for young people who have been excluded from school and who would otherwise become NEET—not in education, employment or training—but who are thus kept within the education system. One of its main sources of funding is Cosmic Slop, an event that raises a significant amount on Saturday nights.
There was to be heavy residential development in the area in the form of a new block of flats in Mabgate, opposite the MAP building. The problem was that there would be no sound protection or mitigation; in its local plan, Leeds had not mapped music venues or nightclubs. I received thousands of emails about the planning application from as far away as New York. We had to have significant discussions with the planning department and councillors to ensure that the necessary stipulations were made for noise reduction, and to ensure that the new residents could not, in effect, close down the club night, because if that happened MAP would have to close as well, and all those young people would become NEET.
I sympathise with the Ministers dealing with this matter, because throughout the process the national planning policy framework, on a non-statutory basis, has forced local authorities to take such action. I think we should consider ways of addressing this issue through secondary legislation and the local planning process, because at present neither the Bill nor the NPPF protects venues adequately. I know that, like mine, the Minister’s constituency contains many music venues and nightclubs, and she obviously cares deeply about such venues. I hope she will reassure me that the Government will look at the agent of change principle and ensure that, both locally and nationally, the relevant protections are available so that further pressures are not put on those venues. Nightclubs in particular are already suffering as a result of the business rates increases and other recent cost pressures, and the additional costs of having to fight developers will eventually push them out of existence.
Zöe Franklin (Guildford) (LD)
The Liberal Democrats welcome the Government’s decision not to insist on their disagreement with Lords amendment 2, which proposes the inclusion of rural affairs in the list of competences for strategic authorities.
Several hon. Members rose—
I encourage Members to ensure that their contributions are linked to the amendments that are in front of us.
Ms Polly Billington (East Thanet) (Lab)
I welcome the Government amendment to include a competence covering coastal communities, in addition to the existing Lords amendments on rural areas. As many Members have already mentioned, coastal communities have lagged behind the rest of the country when it comes to economic growth since the great financial crash. Our constituents have more physical and mental health needs, lower life expectancy and higher rates of major diseases, and they are generally older. On average, they have lower educational attainment and higher rates of school absences, and once they enter the workforce, they are paid less. Our coastal towns are also more likely than non-coastal towns to suffer from high levels of deprivation. Coastal towns face unique economic pressures, including seasonal economies, struggling industries such as fishing and hospitality, and acute housing crises caused by the spread of short-term holiday lets and a lack of social housing.
Connectivity is also a major issue for our constituents. Along with a lack of quality public transport and less broadband availability, our constituents are at the forefront of the impact of the climate crisis and the sewage scandal. Renewing our coastal towns and their local economies will be crucial to ensuring that all parts of the country share in the national renewal that the Government are aiming to bring. That is why this amendment is so important. I hope that the Government will be clear in their expectations of what metro mayors with responsibility for coastal communities should do. There needs to be a strong economic focus, with an understanding of how public services and infrastructure underpin the ability for a community to prosper. Can the Minister confirm that one of the commissioners will have to have responsibility for coastal communities, if a metro mayoral area has a coast?
Furthermore, I hope that the Minister will discuss with colleagues on the Treasury Bench how an economic strategy for the coast might be developed through the designation of a coastal economic area. That would complement the new competences outlined in this Bill to ensure not only that our national strategic priorities for growth reach the communities that could benefit from that investment, but that we can contribute to the economic health of the nation.
Will my hon. Friend consider some of the perhaps unintended consequences of the local government reorganisation planned for the coming years? I am very much in favour of unitarisation, not only for efficiency, but for the ability for places like mine to come together to develop a strategic vision for the wider economy and society of east Kent. However, research I have commissioned suggests that there may be unintended consequences for coastal towns from the local government reorganisation as planned. There are 33 coastal towns and cities with a council’s main office, town hall or headquarters within their boundaries. Some 24 of those are going through the local government reorganisation process, and 22 have a proposal or multiple proposals that could result in their being dissolved in their current structure and merged with other councils into a larger unitary that covers a bigger area. If that happens, the new unitary will need to decide where they have their headquarters.
Town halls in coastal towns or cities are at a particularly high risk of relocation because of their often peripheral location, their relative lack of proximity to the new, larger constituent population, their weaker transport links and other issues such as flood risk. Those relocations would have a detrimental impact on local economies, at a time when many of those 22 coastal towns and cities are already struggling. They would also lead to the those places being more cut off from public leadership, increasing that left-behind feeling. I remind the House that some of those high-risk areas include Clacton-on-Sea, Sittingbourne, Margate, Blackpool, Cromer, Grimsby, Southend-on-Sea and Eastbourne. It ends up being a list of exactly the kind of places that we should be helping, so mitigations should be put in place for precisely that.
I will also refer to the parish and town council amendments as outlined. My hon. Friend the Member for Oldham West, Chadderton and Royton (Jim McMahon) said that there was a commitment to
“hardwire community engagement and neighbourhood working”—[Official Report, 2 September 2025; Vol. 772, c. 250.]
into the new governance proposals. It is a shame, however, that parish and town councils are designated only to be important local partners, rather than there being a legal requirement for them to be consulted. I say that because the town councils in Broadstairs and Ramsgate are highly valued and complementary to the existing local authority structures of Kent county council and Thanet district council. We notice the difference between what we see happen in Ramsgate and Broadstairs, which have town councils, and in Margate, which does not.
The reality is that Margate is about to secure its own town council thanks to fantastic, strong community campaigning by some of my good friends and allies in Thanet Labour party, and that will help to correct a democratic deficit that would otherwise occur. Indeed, Margate has always been short of democratic governance, and it will be needed all the more because of unitarisation. Can my hon. Friend the Minister reassure me and colleagues that town and parish councils really will be fully incorporated into the new settlement, and that, as outlined in the new Government amendments, existing town and parish councils will have a role to play? Can she also reassure us that those without existing town and parish councils will have the opportunity for strong neighbourhood governance?
In summary, we need to ensure: that the commissioners who will be part of the metro mayoral settlement have an economic focus if they are responsible for coastal communities; that every metro mayor who has the power to appoint a commissioner and has responsibility for the coast ensures that one commissioner has that focus; that local government reorganisation factors in appropriate mitigations for when there are risks of reduction of local government presence in coastal towns; and, finally, that parish and town councils continue to be a vital part of the local government settlement.
Perran Moon (Camborne and Redruth) (Lab)
Does the hon. Gentleman agree that the fact that half of Cornish MPs are present tonight, at this late stage and in a relatively sparsely populated Chamber, and that the others would be here if they were able to be, is testament to the fact that although it feels as though we are part of the way towards Cornish devolution, there is still deep concern, as this process draws towards a conclusion, that we are not considerably further forward in that process?
Order. I am aware that Members wish to make stellar contributions on behalf of their constituencies, but I do not believe that we are discussing Cornish devolution right now. Let us keep the debate in scope of the amendments in front of us.
Andrew George
I am grateful, Madam Deputy Speaker. We are simply giving the example of Cornish devolution as one of the potential products should the Government not reject the opportunity for local authorities to be properly consulted, which is what is on the amendment paper this evening. That is the most important thing this evening: to ensure that local authorities are consulted. We are seeking to make this an effective vehicle for achieving what is very much desired throughout Cornwall, both by the local authority and by local Members. I accept your point, Madam Deputy Speaker, but fundamentally, be it Cornwall or any other local authority that is seeking to ensure that its local and wider communities are properly consulted, it is not a question of our seeking a process of isolation, as I think the Government recognise.
The point that we make perpetually in relation to Cornwall—and the Isles of Scilly, which we hope will be co-operating with Cornwall as a combined authority—is that it is not about cutting ourselves off, but about cutting ourselves into the celebration of diversity across the United Kingdom. I hope that, in that spirit, Ministers will respond constructively and, in spite of the passing of the Bill, we will have a vehicle to achieve the desired ends as far as Cornwall is concerned.
Perran Moon
Before I start, I would like to ask for a little leeway, Madam Deputy Speaker. I will speak to two amendments, but they have a direct impact on my experience of devolution, which is in Cornwall. Therefore, I just ask for a little bit of leeway, but in relation to the amendments themselves.
So long as you are referencing the amendment to which you are speaking, then of course—the Floor is yours.
Perran Moon
Thank you, Madam Deputy Speaker.
I welcome amendment (a), which would include coastal communities, as the changes are very encouraging, but I would also like to speak to the Lords amendment on local authority consent. I am deeply disappointed that the Secretary of State’s right to impose on a local authority without local assent has been delayed for only two years. The reason why, and this is where I have to reference our experience in Cornwall, is that for centuries—since the Stannary Parliament ceased to meet in 1753—Cornwall has longed for greater powers to control its own affairs. The amendment was an opportunity to work with Government to provide that level of devolution. It should also be noted for constitutionalists that the Stannary Parliament was never actually revoked.
The hunger for greater devolution runs deep in Cornwall, and in the 21st century it has been enhanced by the Council of Europe’s framework convention of national minority status, which recognises the Cornish as a national minority. I fear that the Government’s refusal to accept some of the amendments that were tabled, including this one, runs in contravention to article 16 of that framework convention. The national minority status process began under the previous Labour Government. I am also very grateful for the elevation of the Cornish language to the status of all other British Celtic languages.
With this hunger for devolution and commitments from the party, expectations were high. However, as we approach the end of the Bill’s passage, I am disappointed by the progress made by the Ministry of Housing, Communities and Local Government. It is not as though the Ministry did not know what devolution we were looking for. I am deeply grateful to the Minister and to two Secretaries of State for so frequently meeting Cornish Members from both parties to elaborate on what constitutes a devolution deal. I am very grateful that the Treasury has delivered the Kernow industrial growth fund. The Department for Culture, Media and Sport is moving ahead with support for the language, as I mentioned, and the Department of Health and Social Care and the Department for Education are investing in Cornwall. However, it feels a bit like MHCLG is not moving at the same pace as the others. This was never more starkly exposed than on the day it was announced that Cornwall was losing its shared prosperity funding, and new shared prosperity funding was announced in northern English mayoralties.
I am grateful that in November 2025 the Secretary of State was mindful to offer Cornwall single strategic authority status, as the hon. Member for St Ives (Andrew George) mentioned. Cornwall will never willingly become part of a mayoral combined authority, because to do so would compromise national minority status, as I have mentioned. However, when she gets to her feet, could the Minister please confirm when those outstanding areas, including transport, economic development, strategic place partnership for housing and British-Irish Council attendance, will be dealt with? Until then, there will remain distrust and scepticism of the Government’s intentions for devolution in Cornwall and its place within these British Isles.
English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateNusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Ministry of Housing, Communities and Local Government
(2 weeks, 2 days ago)
Commons ChamberBefore we consider the Lords message, I inform the House that the Government have tabled a new motion in relation to Lords reason 123J and withdrawn the motions they tabled this morning relating to that motion. The motion relating to Lords reason 155J is unchanged.
The new amendment paper is available in the Vote Office and online. It was issued at 6.30 pm and includes a note indicating when it was issued, that it replaces an earlier version, and that the motion relating to Lords reason 123J has been withdrawn and a new motion has been tabled.
After Clause 37
Brownfield land priority
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
I beg to move,
That this House insists on its disagreement with the Lords in their Amendments 89B and 89C but proposes amendment (a) in lieu of those amendments.
With this it will be convenient to consider the following Government motions:
That this House insists on its disagreement with the Lords in their Amendments 36, 90 and 155, insists on its amendments 155A to 155F and 155H to the words so restored to the Bill by that disagreement with Amendment 155, and proposes amendment (a) to the words so restored to the Bill by that disagreement.
That this House insists on its disagreement with the Lords in their Amendments 85 and 86, 97 to 116, 120, 121 and 123, insists on its amendments 123C to 123H and 123J to 123K in lieu, and proposes amendments (a) to (e) in lieu.
Miatta Fahnbulleh
I am pleased to speak once again on the English Devolution and Community Empowerment Bill. I thank Members from across the House for their constructive engagement in getting the Bill to this point. This Bill matters because, if we are to transform our economy, drive up living standards and deliver better public services in every community, a fundamental change is needed in the way that the country is run. This landmark Bill will deliver just that. It represents the biggest transfer of power out of Whitehall to our regions and communities in a generation.
I am glad that we have found a way forward on several of the issues that we most recently discussed—namely, the role of strategic authorities and mayors in rural affairs, agents of change in the planning system, and the role of town and parish councils in neighbourhood governance. We have listened carefully to the concerns raised in both Houses on the remaining issues: the ministerial power of direction in schedule 1, the prioritisation of development on brownfield land, and the models of governance in local authorities. That is why the Government have today tabled three amendments, which I will now outline.
On the question of the ministerial power of direction in the Bill, I remind the House that ensuring that every part of England can benefit from devolution remains a key objective of this Government. I repeat for the record that we on this side of the House believe strongly that the Government have a duty to drive economic growth, unlock investment and deliver better outcomes for our communities. To deny communities that opportunity would be to hold them back. That is why we originally put in place a backstop power of direction for the Secretary of State to use in exceptional circumstances—I emphasise “exceptional circumstances”—but to be clear, the approach that we are taking in practice is to work with local leaders to forge enduring local partnerships and strong local institutions with their consent.
However, we have heard the concerns and strength of feeling from some noble peers about the scope of the powers previously included in schedule 1. To that end, and in the interests of not delaying the progress of the Bill and of showing that communities can benefit from the powers that we all wish to see enacted at the earliest opportunity, the Government are content to remove all powers in schedule 1 that would allow the Secretary of State to direct the establishment of a strategic authority, whether mayoral or non-mayoral, or to provide directly for a mayor of an existing non-mayoral strategic authority.
In addition, I am happy to commit that the Government will not seek to use the remaining power to direct the addition of a local government area to an existing strategic authority for a period of four years following Royal Assent. It will then remain subject to all the same safeguards that have been discussed at length. As I have said consistently throughout the passage of the Bill, our policy and our practice are very clear. We are working with local leaders and we will continue to work with them to develop devolution proposals that command broad support across their area. That collaborative approach will always be our clear preference. The concessions I am making here today put that commitment beyond any doubt.
I shall turn now to the issue of brownfield land. The Government consider Lords amendments 89B and 89C to be unworkable. They would undermine effective plan making, constrain proper consideration of local circumstances and introduce inconsistency between spatial development strategies prepared by mayors and strategic authorities and those prepared by other authorities. As I have previously said, national policy remains the most effective route through which planning reform can be pursued, and it is the right place to set clear expectations about where development should take place.
Where concerns have been expressed about the effectiveness of existing policy, it remains too early to assess the full impact of the recent and proposed changes to national planning policy. However, in recognition of the strength of feeling expressed about inappropriately located development and to further reinforce a brownfield-first approach, the Government have tabled their own amendment. This would set a requirement in primary legislation for the Secretary of State to use existing regulation-making powers to ensure that strategic planning authorities have regard to the desirability of prioritising development on land that has been previously developed.
This will put consideration of brownfield land on the same legal footing as other highly important issues that are also on the face of the legislation, such as promoting sustainable development and the impact on health and health inequalities. It will ensure that the prioritisation of brownfield land is front and centre when strategic planning authorities are producing a spatial development strategy and considering how to meet the growth needs of their area. The drafting of our amendment is consistent with national policy, making it clear that prioritising development on brownfield land is an overall objective and clearly desirable. Enshrining this requirement in legislation will elevate its importance and further solidify the Government’s clear commitment to a brownfield-first approach.
I now turn to the matter of local authority governance. As hon. Members will know, the Government have set a clear default position. Councils that are currently operating the committee system and are not otherwise protected should be required to move to the leader and cabinet model within one year of the relevant Bill provisions coming into force. That remains the Government’s firm expectation. However, we have heard concerns expressed in the other place and in this House that requiring a council to move to the leader and cabinet model within a year could create challenges for some councils, their members and officers—for example, where an authority has submitted a proposal for a boundary change or merger in response to the Secretary of State’s new power to invite such proposals.
The Government amendment we are bringing forward today responds to those concerns. It allows the Secretary of State to extend the one-year transition period for non-protected councils by a further year in certain circumstances. This provides flexibility where a council is already on a clear path to dissolution, so that it is not required to undertake a significant governance change that may have little practical benefit. This does not change the Government’s wider policy on local authority governance reform, but it does provide a proportionate and pragmatic safeguard in response to the points that have been raised over the pace of change.
To conclude, the Bill has undoubtedly been improved as a result of the scrutiny in ping-pong so far, and I thank the noble Lords and this place for their contribution in helping us with that. We are pleased to be able to offer concessions on brownfield land, local authority governance and the ministerial power of direction. I urge the House to support the Government’s position and accept these concessions.
I put on the record my thanks to the Minister and colleagues in her Department for the constructive spirit in which they have approached the negotiations around the Bill. It remains the official Opposition’s view that the Bill’s overall direction of travel is a centralising one: it brings into effect many new powers for the Secretary of State to direct the work of local authorities and, in particular, the new mayors and the strategic responsibilities that they undertake will all be subject to a degree of direct influence from Whitehall. However, it clearly is in the interests of all parties represented in the House to seek to reach agreement on those points that have remained in contention. I know that I share the Minister’s sense of delight at once again being here at the Dispatch Box discussing Lords amendments.
Let me briefly address the Lords amendments in turn. The Minister set out clearly the Government’s agreement to step back from some of the directions which were included in the original legislation. That is one example of where the Opposition felt there was centralising power within the legislation. However, the Government have been constructive in the way they have approached that and have recognised that there is a degree of justification around that backstop power to avoid a situation where the whole country is covered by combined authorities but some councils are left outside of those boundaries. I know that many Members have expressed concern in the debates, both in Bill Committee and in the Chamber, at the impact that that would have, particularly on opportunities for economic development.
Let me turn to the brownfield amendment. Opposition Members have been resolute from the outset in saying that whatever new arrangements the Government are determined to implement, we need to ensure that local communities can continue to stand up for and protect the green spaces they cherish, whether those are greenfield sites used for agriculture, or greenfield and green-belt sites used for leisure to provide that buffer around our cities and suburbs.
My hon. Friend is absolutely spot on in what he says. Members across the Chamber have been surprised to hear Reform say that it wishes to tear up London’s green belt as part of the local election campaign. I am grateful to the Minister and her colleagues for recognising, in the fine tradition of many Labour councils, that we need to ensure that there are sufficient provisions in the legislation to ensure the protection of those vital green spaces for future generations.
I am especially grateful to the Minister for making what may seem like a fairly technical change, but as she has just told us from the Dispatch Box, it establishes for the first time, after five rounds of ping-pong, a clear hierarchy in the legislation that sets out that the new mayors, in their spatial development strategies, will need to prioritise brownfield land for development. Many Members across the House expressed concerns when we debated local government reorganisation just a few weeks ago about the impact of housing targets being displaced. That will be more effectively managed under the amendments that have been agreed across the House tonight. That is a distinct step forward from all our perspectives.
Finally, I will briefly touch on local authority governance. We recognise that there is a difference of opinion. It is the Opposition’s view that local authorities should be able to set up their structure of governance in a way that reflects their local circumstances. Although our strong view is that the leader and cabinet model is the most efficient and effective way to do that, people taking decisions with which we may disagree is the essence of local democracy. The Government’s agreement to pause the use of that requirement means that there will be a period in which local authorities can reflect on their governance arrangements and consult if they wish to do so, and the normal cycle of local elections can take place—of course, there will also be a parliamentary election.
I think we all know that the matter of local government reorganisation never entirely stops; it merely starts again at a different point in each parliamentary cycle, so there will be further opportunities to reflect on it, but in the context of the Bill, about which we still have significant concerns, those agreements reflect progress in a direction that makes us much more comfortable. For those reasons, we do not propose to divide the House.
On a point of order, Madam Deputy Speaker. Last week, I tabled a written question to the Foreign Secretary, asking whether Jonathan Powell was subject to scrutiny vetting before or after he was appointed as the Prime Minister’s special envoy on the Chagos negotiations. I have not yet received a response. Given that Morgan McSweeney appeared to tell the Foreign Affairs Committee this morning that the vetting process began only after Powell was later appointed as National Security Adviser, how can I secure an official answer from the Foreign Office to this basic question before Parliament prorogues?
I know the hon. Member is diligent in getting answers on behalf of his constituents and will no doubt explore every avenue to get that answer. I say to Members on the Treasury Bench that it is only appropriate that Back-Bench MPs are able to get responses in due time on behalf of their constituents—no doubt that they have heard that. The hon. Member has got his words on the record.