English Devolution and Community Empowerment Bill (First sitting) Debate

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Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (First sitting)

Paul Holmes Excerpts
Vikki Slade Portrait Vikki Slade
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Apologies for having a second go, but my husband is also a sitting councillor and I am a vice-president of the Local Government Association.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
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In case we do not get to it this afternoon, Donna Jones, one of the witnesses, is a personal friend of mine.

None Portrait The Chair
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Thank you all for your forthright honesty. We will begin by hearing oral evidence from Councillor Sam Chapman-Allen, chair of the District Councils’ Network, and Justin Griggs, head of policy and communications for the National Association of Local Councils. I do not want to try to stop you before you have even started, but the panel will conclude at 9.55 am.

Examination of Witnesses

Sam Chapman-Allen and Justin Griggs gave evidence.

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Maya Ellis Portrait Maya Ellis
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Q My question is about the difference between the current number of strategic authorities, which are very urban, and the big swathe of coming strategic authorities, which are fairly rural. I am interested in how you see leadership evolving in those different areas. Are there ways in which this Bill needs to be strengthened to account for the different ways that those county and shire areas will be affected by becoming strategic authorities, compared with the urban developments we have had so far?

Bev Craig: With the pattern of devolution over the last few years, you are right that a number of combined authorities have cities as the driving economic force at their heart. That would probably do discredit to some of my colleagues who see themselves as already operating in more of a rural space.

The expansion of the competencies of strategic authorities within the Bill is quite important, as that is how you get the balance that matters for a place. We should also be mindful that size is not a barrier to democracy, and it does not create a deficit—that holds just as much for strategic authority size as local authority size. I run a city of 630,000 people, but my ward has 18,000 residents and I can still do a very good job on their behalf. A change of boundaries does not necessarily change someone’s association with a place.

An adjustment of some competencies still allows a new mayoral model to give a focus to place. The priorities will be different in rural and urban areas, but that is where having strong local authorities wedded into that helps some of that strategic planning.

Kevin Bentley: I absolutely agree because it already exists: Essex and Suffolk are both examples. The population of the Essex local authority area is 1.5 million; it is 80% rural and the rest is urban, so it already exists. In these matters, size must be appropriate to deliver services, but this is not 1974; it is 2025 and we operate differently and deliver our services differently. That needs to improve.

The previous Government delivered a lot of devolution very successfully, and the current Government are carrying that on with alacrity and speed. The bottom line is that it is important that people have excellent services delivered at best value. Modern-day local government does that in the best way it can, but the two-tier system does not allow it to be better. We are running on a 1974 model. It is time to change that.

In terms of local democracy, the neighbourhood delivery committees that we and the Government have proposed in the business case going forward will do something that has never happened before, with decision making going to local people in very local areas. That does not happen now and has never happened before, but it is going to happen with the Bill.

Matthew Hicks: From the CCN’s perspective, devolution is clearly a good thing, which we have pushed for and wanted for a long time. It is now moving forward at pace. The bottom line is that it ensures that decisions are made closer to local people, closer to communities and closer to the businesses they affect. The end result is a much more effective and better targeted authority, better public services, stronger growth and stronger partnerships in the private and public sectors, so it is positive across the board.

Kevin made a point about the partnership boards, which will also play a really strong part. In rural areas such as Suffolk where the population is 760,000, the large geography of the county allows us to deliver that more locally, even though we are a large rural area.

Paul Holmes Portrait Paul Holmes
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Q Good morning, everybody. I want to go back to something that was touched on by the previous panel. We are going through simultaneous restructuring of local government and setting up the strategic authorities, and in her questions the Minister has outlined that the 500,000-people target for LGR was never a hard target; it was a soft target. That is not my recollection of when local authorities were approached in quite a speedy way to make sure we went through the LGR.

My question is for all three of you: has there been a change of emphasis on that target from the early conversations that you had with a Minister, albeit a previous one? Do you think there has been a change in Government emphasis on the size, and how has that added to the confusion and the challenges of setting up these strategic authorities as the Bill goes forward?

Kevin Bentley: Yes, I certainly thought that was a hard target. Most colleagues thought it was a target to hit. It changed. It is important that we listen to people; lobbying was done around that and the Government listened to people. Those who do not change their mind never change anything, as Churchill would say, so it is important that the change took place, but it did cause confusion about what they meant.

For me, evidence leads the way. When we went into this in Essex, I was very clear that the evidence would tell us the shape and size of unitary authorities, and we would not set the number of unitary authorities and then make the evidence fit. That is what we have done. We are certainly doing that in the business case, and I believe other colleagues have done the same thing. It did cause confusion, and there was a lot of head scratching in the system to see whether we could test whether it was below, on, or above 500,000. To me, rules are there for the guidance of wise people, and the evidence leads the way.

Bev Craig: In my recollection, the Minister was always clear. Some of the questions arose with the conveying of that from colleagues in the Ministry of Housing, Communities and Local Government. At times, the sector felt desperate for a literal prescription, because until that point that was the kind of relationship we had had with Government. It had been quite some time since the Government had come to us and said, “Hey, come and be creative in terms of how these needs reflect your place.”

The 500,000 figure has helped people to understand that the programme of reform does not work if what is created is even more local authorities, each with 180,000 people. So we have taken on the guidance but it has become more clear as we move through the programme that this is indicative rather than prescriptive. I think the reality is about having sensible footprints, where services can be delivered at an economy of scale that helps services to perform well, can work with the strategic authority, and still speak to a sensible place that people can identify with. That is complicated; if it were easy, we would have done this before 1974.

Matthew Hicks: The size of the new unitary models really does matter; it is critical. Half of the members of the CCN are unitary authorities, and we see the benefits that this has brought, including large recurring savings, which is a big consideration. It also puts in place more sustainable structures. Back in February, the CCN supported the guidance in the invitation letters; we saw this as a means of reorganisation, with the numbers and the scale being about right for a sustainable long-term future.

I do think that some elements have been undermined by inconsistent messaging over recent months. The stated ambition for new unitary councils was that they would cover a population of about half a million or more. We saw similar issues coming up around social care and using existing council boundaries. There have been mixed messages around the building blocks of the new unitaries.

That inconsistent and slightly unhelpful messaging has led to a situation that will probably make life harder for the Ministry of Housing, Communities and Local Government, because we are now seeing a significant increase in the number of business cases coming forward, and that will make it more difficult for MHCLG to scrutinise. If we look at Suffolk now, we are going to have one application for three unitaries of 250,000 each, which is really very small, with new boundaries. So I think the mixed messaging will create more work for MHCLG, because it is important that it looks at the detail and the data, and that its decision is based on evidence, not just politically driven.

None Portrait The Chair
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Sorry, I don’t want to interrupt, but I have seven Members who want to ask questions and we have about 13 minutes, so perhaps that could give some guidance.

Paul Holmes Portrait Paul Holmes
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Q I have a quick follow-up question, particularly to Councillor Hicks: would it be fair to say that the policy on the local government reorganisation is a soft target, certainly, but it was portrayed as a hard target to local authority leaders at the time?

Matthew Hicks: We certainly felt in the beginning that Suffolk, with a population of 750,000, was right in the middle of the range and would be an ideal candidate for one unitary.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Q I have a question for Councillors Bentley and Hicks first on unitarisation, and then, if I may, a question to Councillor Craig on strategic authorities. Obviously you are going through the process of working hard with colleagues to put together a proposal for unitarisation. I am really interested in your perspectives and insights about how you—because we are putting it in the hands of local areas to do the heavy lifting—and we get that right. Critically, we are not doing this for fun; we are doing it because we fundamentally believe it will drive better services and better outcomes. I am interested in your perspectives, from your individual areas, about the sorts of impact that you think we can deliver if we get this right.

Kevin Bentley: Thank you, and welcome to your new role; I am sure we will be seeing a lot of each other the coming months, Minister.

In Essex, there are 15 councils. If you want to look at councils of any shape or size, come to Essex; we pretty much have them all, and a lot of them, as well. And while there are four different business cases coming from Essex—and you would expect that, as it is a huge county in terms of population and people have differing views—each has been done thoughtfully and carefully. The overriding message is that the 15 councils are made up of all political parties and none, and there is common cause. No one has fallen out. There is no argument. There is no row going on at all. We meet regularly in something we call the Essex leaders and chief execs meeting—I am talking about Essex here; I will talk about the LGA in just a second—and certainly our experience is of collaboration.

We may have different views from the Government for them to consider, but the understanding that we need to do things differently is really there. That goes for all political parties. We understand that the current system cannot carry on, because it will just run out of money if we are not careful. We are already seeing that.

The one thing to say is that everyone across the sector should be allowed to have their view and decide what is right for their area. When I started as a leader, the one question that I continually asked myself, and still do today, is, “What does this mean for the public and does it improve their lives?” Unless you can answer that question affirmatively, you should stop. So far, for me the answer has been yes—yes, we can do it better than we currently do it—and I think colleagues are in the same position.

It is also important that our colleagues in local government across the country consult not only with each other but with the public to ask whether we can do this better. If they believe we cannot, okay, but I think they will find that we can. The most important thing is to not lose sight of why we are doing it. It is for the public and the people of this country, not for politicians and councils.

Matthew Hicks: I would echo that. For us, it is about building on the experience of others who have been through this. We have been out to places such as Cumbria to ask for advice on what they learned and what works well. We have learned how others delivered on business cases or struggled to deliver on some of the items they included.

Ultimately, for us, this is about a new and more positive relationship between local government and our residents and businesses; it is about doing things differently. With the two cases in Suffolk, ultimately, everyone has the interests of our residents at heart. The big issue is how you analyse the data that people are using, and the forecasting. That is where we are seeing the major variants, but the delivery and what we want to deliver are not too different.

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Manuela Perteghella Portrait Manuela Perteghella
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Q What consideration should be given to local nature recovery strategies when making planning decisions at a strategic level? How might that work in practice?

Catriona Riddell: If we get spatial development strategies right, they should be the ringmasters of sustainable development, as I call them. Their job is to provide spatial articulation for local growth plans, local nature recovery strategies, local transport plans and health strategies—the range of powers, strategies and plans that strategic authorities and local authorities have. SDSs will have to take into account local nature recovery strategy priorities.

The challenge we have is that the local growth plans and local nature recovery strategies are being prepared in advance of SDSs. Of the draft local growth plans that I have seen, there was maybe one that had any spatial content at all, and I think it is similar for local nature recovery strategies, so there will have to be some catch-up. SDSs are there to bring all the different plans and strategies together, to set out what that looks like across a place and to use local plans at a more detailed level. Do not forget that SDSs and local plans are part of the same development plan; they are two parts of a plan for an area, so they have to work together.

Paul Holmes Portrait Paul Holmes
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Q I am pleased that you have mentioned the GLA, Ms Riddell, because it relates to a question that I want to ask you both.

Mr Fletcher, you are absolutely right to say that this, as well as local government reorganisation, was not in the governing party’s manifesto. I therefore think that it is right that we try to make the policy work as best we can through scrutiny mechanisms such as this Committee. In London, there are structural and spatial planning powers and business powers that are currently operable and invested in the GLA and the London mayoralty. For example, the GLA has a scrutinising mechanism and a housing role, and the mayor has business retention powers and spatial planning powers.

We have seen housing delivery fall under the current administration in London, and we have seen recent announcements that London is essentially a no-go investment area for many relevant organisations. Given the—I would argue—perceived failure in policy delivery in London, what lessons can we learn when the Government are attempting to replicate a structure in London that is not working elsewhere?

Ion Fletcher: In general terms, it is helpful that London has its London plan and its spatial development strategy. The London plan was also the first to acknowledge the important role of build-to-rent housing—housing developed and managed specifically for rental purposes—and was a pioneer in protecting logistics in industrial space, so it does have those positives.

The other side of the coin is that the London plan, in the view of our members, has become too long and too repetitive of policies that already exist either at a national level or at a local borough level. One of our members recently did some analysis and worked out that you could consolidate or eliminate roughly half the policies in the London plan in the latest iteration, so there is definitely scope for simplification. The lesson I would draw is that the new strategic authority should be focusing on the strategic stuff rather than getting too much into the development control side of things, which ultimately adds uncertainty and cost to the planning process.

Catriona Riddell: I totally agree. The national decision-making policies that will soon come forward will help to strip out a lot of what is in the London plan. The idea behind spatial development strategies—this new model—is that they will be very high-level, they will not be very long, and they certainly will not be the London plan model. There is still a difference in terms of governance and decision making in London, and there still will be after the Bill. The decision making for the spatial development strategy in London—the London plan—sits with the mayor. I think a two-thirds majority of the GLA is needed to overturn that, whereas under the strategic authorities it would be a majority vote in most cases. There is a difference with the mayors under the Bill, and other places will have less power.

One of the challenges for London and many other parts of the country is that the planning system has been overburdened with a lot of red tape and regulation that sits not within planning, but within building control or other regulatory systems. That has been one of the big blockages for the market in London. There is no doubt that that has had a knock-on impact right across the board. Stripping out some of the regulation that does not sit within planning, and making planning simpler, will help. I think the London plan has changed things significantly; in its 25 years, it has shown that it has actually been able to deliver. I do not think that it is the London plan that is the problem; it is the delivery end of things, which the mayor is facing at the moment. That is where the challenge is.

Lewis Cocking Portrait Lewis Cocking
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Q I want to continue down the planning route. You mentioned utility companies earlier; I completely agree that we need to get them around the table. What about the NHS and health services? How well are they are getting around the table at the moment, and what do you think the Bill will do to strengthen that? Lots of people are not necessarily anti-development, but they are anti-development when it does not come with any services that the community needs.

Catriona Riddell: I am a very strong supporter of the Bill’s “health in all policies” approach. Mayors and strategic authorities will have to demonstrate how they will improve health inequalities and others through everything they do. Many will know that the planning system is embedded in health; that is how it came about. We have been trying very hard to make sure that local plans and the new spatial development strategies address health. That is not just about infrastructure, but about healthy places generally.

As you know, it is a real challenge at the local level to plan for health infrastructure up front. Most of that will still be done at the local plan level, not the SDS level, but the SDS level will have to look at strategic infrastructure around health. If any major new health infrastructure is needed, that will have to be embedded into the SDS. As with all the work of strategic authorities, it is not just about a planning responsibility; the strategic authority will be working with the health authorities, and they will need to have a role in how the SDSs deal with health. The Liverpool city region is a great example of working with health authorities and others to embed health into the spatial development strategy that it is preparing at the moment, so it can be done.

It is much more difficult to find the answer for local infrastructure such as doctors’ surgeries and GPs. I know there are examples where land has been left aside for doctors’ surgeries, but GPs and others have not moved forward to make it happen. I guess there are more challenges in health infrastructure outside the planning system, but getting them at the table up front, in terms of in spatial development strategies and the flow-through to local plans, is absolutely the right thing.

English Devolution and Community Empowerment Bill (Second sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Second sitting)

Paul Holmes Excerpts
Sam Carling Portrait Sam Carling
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Q Thank you; that is really helpful. On to my main question: in Cambridgeshire and Peterborough, our mayor announced that he intends to appoint as his planning commissioner a former leader of Peterborough city council, who is still a councillor, although currently in opposition. We have a democratic problem, where we have a commissioner who was denied a mandate, but has been brought in anyway. Is there a question here about how we ensure commissioners are accountable both to the public and to councils?

Tracy Brabin: I suppose the same question could be asked of the police and crime commissioner. The deputy mayor for policing and crime, Alison Lowe, is not directly elected by the public; she is accountable to me. I am the one directly elected, and we hold the chief constable to account. That is democracy. The outcomes from that individual will reflect on the impact that the mayor is having, good or bad, so that is about public scrutiny as well.

It is also helpful, if you are a strategic or combined authority, to have a good mix of partners. In West Yorkshire, we have three opposition members, so we are open to scrutiny and to challenge; that is where you can get the clear water of what is going on.

Donna Jones: On licensing and the taxi point, when I was leader of Portsmouth city council 10 years ago, we were one of the areas where Uber exploded first. We were a growth area for it on the south coast, but I think its registered office and its licensing for drivers was up in Wolverhampton or somewhere, so it was miles away and had no bearing on what I was trying to deliver in Portsmouth, in terms of signage on taxis and the uniformity we were trying to achieve.

On safety, and the point Tracy made about what we have been calling for as police and crime commissioners, I was calling three years ago for CCTV to be mandatory in taxis. What you could do, through Parliament, is to mandate that through separate taxi licensing regulation and law. Strategic authorities could play a part, if the licensing authorities remain, like local planning authorities, at the lowest level with the unitary authorities—as it will be after local government reorganisation. The strategic authorities could then have the right to call in or set some strategic licensing powers that the licensing authorities beneath them have to implement. That could be a way to address it.

Ben Houchen: On the commissioner point, I echo what Tracy says: ultimately, the democratic power of that is vested in the mayor. It is for the mayor to appoint, or not. That goes further than just commissioners, with the changes in the Bill around the establishment of mayoral development corporations, the appointment to the boards of those and the fact they can, if they choose, take planning powers, compulsory purchase order powers and so on. You are in effect appointing a board that the mayor appoints—nobody else appoints it; it does not have to be democratically elected, with the exception that there has to be a councillor from the authority where that development corporation is established. We have had some experience of that over the last couple of years in Teesside, as I am sure you are aware.

Ultimately, if you are not happy with that, or with the strategic direction that the mayor is setting for the board to follow, while individuals are not necessarily directly elected, the mayor is accountable. Therefore, if people are not happy with the commissioner, that can be shown through the ballot box at a mayoral election. Whether it is the night tsar or someone else—I apologise; I forget the one you said was appointed in Peterborough—ultimately, it is for the public to decide whether they are happy with how the mayor conducts matters and uses the powers given to them via the Government and Parliament.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
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Q You are about to see that even though there was a south coast derby between Southampton and Portsmouth, we still can talk very politely, Ms Vaz—it was very boring, ending 0-0.

Welcome back, Mayor Brabin; I wanted to ask about some of the evidence we heard earlier from the District Councils’ Network. There was a concern that the legislation could undermine some of the traditional links between the public and their parish and town councils. I will ask for a brief answer, because I am aware that there are other Members who want to ask questions. For the two existing mayors, can you give an example of how you have managed to encapsulate the views of town and parish councils to help to guide you through your mayoral term, and whether there are any lessons that could be learned? Donna, have you started to think about how you will encapsulate that and make sure that people are listened to on a ground level politically?

Tracy Brabin: We have not been subject to much of that larger reorganisation, but we are determined to listen to the voices of others, whether through mayor’s question time, going out to the public, where councillors and individuals can ask any question, or “Message the Mayor” on the BBC, where anybody can ring in and ask any question. That also includes working with our voluntary, community and social enterprise sector, whether that is on the mayor’s cost of living fund, or working with smaller organisations on the impact in their communities, towns and villages. I would hope there would be a consensus in West Yorkshire that people felt heard.

I know for a lot of people there will be a sense that there is potentially a power grab and powers are going in the wrong direction. I absolutely believe that this is localism in its pure sense, because these people are elected by the public—275,000 people voted for a Labour mayor in West Yorkshire. You have that mandate. We have skin in the game. We know our communities, businesses, further education colleges, universities, innovators and entrepreneurs. We can definitely deliver for villages, towns and cities in our patch.

Ben Houchen: The honest answer is that, with the development of combined authorities and regional mayors, and a lot of reorganisation going on at county council level, as well as lots of unitaries—Teesside was one of the first unitary areas, many years ago—there are a lot of people looking over their shoulders at what reorganisation might mean. I say this as a previous town councillor and a former unitary councillor: I am not hugely convinced of town and parish council involvement at a regional level. There is a more fundamental question that should be asked around the modern need for town and parish councils in their current form. That is obviously well above my pay grade, and I am sure you will be considering that at some point in the future. It is not something I personally foresee getting much traction or involvement at a combined authority level.

Paul Holmes Portrait Paul Holmes
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I thought you might say that—thank you.

Donna Jones: I have represented my two counties, with 2.2 million people, for four and a bit years now. It is tough, because I have two large geographical counties; it would take me three and a half hours to travel from north to south of my patch, and I know colleagues have the same issue. If you are doing your job well and you are delivering, the press—the media, radio and TV—is your best friend. The power of being able to work with the press to get out the good news of what you are doing is very impactful. For mayors who have police under them, if the police are delivering and helping, that is another way of getting messaging out there.

On parish and town councils, I think that in my area, the rub will come with local government reorganisation, which thankfully is a year or two behind devolution—or planned to be one year behind it. I am trying to very clearly separate the two: this is about spending and more power to our elbow in Hampshire and the Solent, and that is about how we save money through local government reorganisation.

If I was still a unitary authority leader, facing the prospect of moving from 15 councils in my area to perhaps four or five, I would be consulting on parish and town councils, if we did not have them in the area that I represented. When you have four very large unitary authorities across a county such as Hampshire, which has 1.8 million people, the nucleus of your council becomes much further away from the village or town that you live in. Therefore, from a democratic perspective, getting things at that lower level to give real buy-in will be key.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
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Q I am really concerned about the movement of powers from police and crime commissioners to mayors, but more so about the moving of the fire and rescue services, which are given almost a passing mention in the Bill. I am fascinated to hear how you see this, as mayors who are already in place. Strategic authorities will cover multiple counties, multiple fire authorities and multiple police authorities, and all that will be vested in a single person. That feels like a real democratic deficit.

How do you understand those different areas? In my area, Wessex, there will be four counties, with two different police authorities and two different fire authorities, and the authority itself. It will all have to line up eventually. I am really concerned about how you can improve services for your residents, because that is what this is all about. It feels very remote when services such as police and fire might be very different in the New Forest compared with the centre of Portsmouth, the North York Moors or one of the cities.

Tracy Brabin: If I could just make the case for mayors and police and crime commissioners, we have had so many amazing opportunities because of those two responsibilities—the teaming and ladling of responsibilities and moneys, and being able to have a strategic police and crime plan. Crime does not just come from bad people; it comes from poor housing, a lack of skills and opportunity, and a lack of transport to get to jobs and training. The ability to bring together those responsibilities in a Venn diagram gives us really great outcomes.

One example is using money from the apprenticeship levy share scheme that would have gone back to Whitehall. We have kept some of that money in the region, including £1 million from Morrisons, to train up 15 PCSOs to go on my bus network and in bus stations, so that we can target my safety of women and girls plan. That opportunity is a gift. I know that the Mayor of South Yorkshire called an early election in order to get those powers, because he saw the opportunity. I also know that Kim McGuinness, who has been a PCC and is now a mayor, is desperate for PCC responsibilities, because she knows the benefit.

To your point, the challenge is coterminosity. I know that the previous Home Secretary was very focused on trying to identify how to get not just savings, but efficiencies, in coterminosity. Bringing fire into that makes a fair bit of sense. In West Yorkshire, we already have a really decent relationship between fire and police, so I am not sure whether having additional powers would make a substantive difference, but I will say to the Committee that mayors need to be in local resilience forums. Following the horrendous attack in Southport, the public, the Government and the press went to the mayor, but the mayor is not privy to all the information in the first instance. The resilience piece is really important, and I know the Bill is going to address that.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Q If I can pick up on the point about scrutiny and accountability, there are two parts to my question. Some evidence has been raised in these sessions about the connection between people and communities and the mayors who serve them. We have had a decade and a half of this experiment, so I am interested in your views on whether the claim of a democratic deficit—which I do not buy—is about something genuine in the experience we have seen.

Secondly, we need to ensure strong scrutiny and accountability for any institution. We heard in the last session about some of the challenges with local government accountability and scrutiny. I am interested in your views on what we need to do to strengthen that and the provisions in the Bill to build on that.

Zoë Billingham: First, to your point on the democratic engagement of mayors, I do think, and I stand by the evidence that suggests this, that the more powers that mayors get, the more they are able to demonstrate to the public how they can tailor and do things differently in their places, according to what the public want. That is essential for the responsiveness of democracy; therefore, I also think that votes at 16 and the return to a supplementary vote are helpful additional aspects to this Bill, in terms of demonstrating that the Government are serious about broadening engagement with mayoral combined authorities.

I would also pick up the proposal in the Bill for neighbour area committees. Something along those lines is essential. We know that, as currently drafted, the Bill is proposing full unitarisation of local authorities to a 500,000 population level, which is far larger than we see in local government in our European counterparts, for example. There is a question about how those unitaries engage with those communities, not on an ad hoc basis, but as an ongoing community conversation. I wonder whether, for instance, the neighbourhood area committees could be predominantly made up of community representatives and young people, so that they do not replicate the district level that the Bill proposes to abolish, but instead create an ongoing, democratic renewal at that local level.

Secondly, to pick up your point on scrutiny, this is essential. If you speak to local leaders, mayors included, they are absolutely game for it. It is not something that central Government are imposing; it is an essential part of both enabling the further devolution of power and resources, and ensuring that the current model is not undermined because there is not enough scrutiny in place for what is already there. I totally support the proposal for a local public accounts committee—we have built on that idea ourselves at IPPR North, looking at mayoral accounts committees, which bring together overview and scrutiny, and local public accounts committees.

We think that those committees need to represent place leadership; this is no longer narrow lines of inquiry about certain budgetary lines or solely about audit. It must be much broader. This is about place-based leadership, not only by the mayor and the mayoral cabinet, but by other public leaders locally who could be brought in front of such committees. We think that is a really important thing to go hand in hand with the future of devolution.

Professor Denham: May I pick up and develop a couple of those points? There is no doubt that the Bill has a danger of an upwards movement of power: things are being moved from local authorities to strategic authorities and mayors have more autonomy. I understand why that is being done, but the Bill needs to build in a healthy counterpoint to that. I, too, would go beyond the neighbourhood governance proposal, which sounds a bit narrow and a bit prescriptive, as though the same model will work everywhere.

Sir David and I proposed what we called community empowerment plans, and we proposed them even when we did not know there was going to be local government reorganisation. The strategic authorities should have a legal duty to set out how they will engage with local people across the whole range of activity—I should have declared an interest, in that I am the honorary president of the Hampshire Association of Local Councils—

Paul Holmes Portrait Paul Holmes
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Hear, hear!

Professor Denham: So I am familiar with town and parish councils, and there are some very good ones, including in Mr Holmes’s constituency. But they are not uniform everywhere within the area, so a single prescriptive approach is unlikely to work.

There has also been, in the last 10 or 15 years, a transformation in our understanding of deliberative, participative engagement with local communities by many local authorities. We need both the strategic authorities and the unitary authorities to set out, in a document that should be challengeable, how they propose to do that. I think that would be useful.

Secondly—I will embarrass her—Zoë has written the best policy paper on local public accounts committees, so I will not say any more about that, except that I agree with Gareth Davies in an earlier panel: the challenge here is not local council audit, but the whole of public spending across a mayoral area. I was delighted to see the new Secretary of State backing the concept of total place, which is something I was involved in as a Minister 15 years ago; but, if that is going to work, you cannot combine that with upwards accountability to departmental accounting officers.

Local authority scrutiny has very good people, but it is not up to the job. You have to create a new local institution, the local public accounts committee and, picking up on what Mayor Houchen said earlier, make the chief executive within the area the local accounting officer. So you have a complete audit model at local level that is not then channelled upwards through departmental accounting officers. I think that is what we need to work towards. Those two things would not only empower local people, but ensure that you have local scrutiny of what is being spent and what is being done with their money.

None Portrait The Chair
- Hansard -

Could that paper be sent to the secretariat and circulated around the Committee?

Zoë Billingham: Certainly.

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Paul Holmes Portrait Paul Holmes
- Hansard - -

Q Minister, welcome to your role. I know that you have not been in it for very long, so well done for getting through today; it has been a joint effort, I think. Do you think that you have inherited a disjointed mess from your predecessors? On the Planning and Infrastructure Bill, and now this Bill, all parties on the Committee—the Liberals, the Greens and us Conservatives—had concerns, quite frankly, about the disjointed nature of some of the reforms brought forward by this Government. For example, it is arguable that the Government are giving power to regional mayors, but taking power away from planning committees. There has been a hard target of half a million in local government reform, but now that is a soft target, and planning is being devolved, but also centralised on an unprecedented scale by the Government in the Planning and Infrastructure Bill.

I would like to angle in on two issues. I think it is fair to say that most witnesses today have said that there has been confusion and doubt about the benefits, and there have been some concerns about the disjointed nature of planning reforms. I do not think I have seen before a Government bring forward two major pieces of legislation that, maybe unintentionally, deliver completely different things.

My first question is: has your Department done any analysis or assessments on how much will be saved in local government from the unitarisation and devolution measures that you are introducing?

Miatta Fahnbulleh: First, no, I do not think I have inherited a disjointed mess from my predecessor. Candidly, we are having to fix 15 years of another Government making a complete mess of the local government landscape. To the extent that these are big reforms and that we are having to drive through some big changes simultaneously, that is a function of where the Conservative party—and the hon. Member and his colleagues—left us.

On the specific question about local government reorganisation, yes, savings are part of this, but it is much bigger than that. Ultimately—I think this came out really clearly in all the evidence sessions—this is about delivering better services and better outcomes for communities. It is about dealing with the fact that the landscape of local government is currently fragmented. It is about dealing with the fact that we do not have sufficient alignment around different types of services that we need to bring together in order to deliver the outcomes for communities. It is about ensuring that we are aggregating our resources and driving through efficiencies. It is about all of that.

Candidly, when you speak to communities, they do not know who in their local area is responsible for what, so we have to strengthen that sense of accountability. The reforms go back to what works in service of communities. That is driving us. We are very clear that where we are is not where we need to be. If you speak to communities, they are clear that the landscape does not serve them in the way that they need it to, and that is what these reforms are trying to drive though. Yes, it is about efficiency savings, but it is a much bigger agenda than that.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Q Thank you, Minister. On the point about 14 years of the last Government, the situation that was left by them was that planning committees, elected by local people, were still making decisions on behalf of the people who elected them. That is questionable under both aspects of the major legislation going forward.

Can I just drill down again, as you have not answered the question: has your Department done any analysis on estimated savings from the unitarisation of local authorities across England, and the devolution measures that you have put forward to the House today?

Miatta Fahnbulleh: There is a big evidence base that sits behind the proposals, and an impact assessment that sits alongside this piece of legislation. Ultimately, we have taken an approach of asking places to come forward with proposals. That is the right approach because, in the end, it is about places and communities. A locality must make the decision about what works for their communities. It is quite hard to have a full and comprehensive assessment until you have that set of proposals. It is a function of the approach that we have taken, but I do not think a single Committee member would say that we should have just imposed boundaries across the country rather than go to communities and say, “What is the boundary that makes sense for you that will deliver the outcomes that we need for your communities?”

Paul Holmes Portrait Paul Holmes
- Hansard - -

Q Thank you, Minister. The Government’s stated aim is to unitarise every local authority in England, so I would have thought there would be some indication of the savings for the Government, because there is a set level for the number of layers of government across England—

None Portrait The Chair
- Hansard -

Mr Holmes, lots of Members want to speak.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I have one more question, if I may. We will move on, because it is clear that there was no assessment of the spending.

On 16 December 2024, the hon. Member for Oldham West, Chadderton and Royton (Jim McMahon) sent a letter to local authority leaders setting out a target of 500,000 people per local authority. On 3 June, he said that that was a set principle and that any local authority that wanted to go above or below it would need to set out a clear rationale. On 20 July, he said that he continued to be asked about the 500,000 target, indicating the concern and confusion among local government leaders. Do you think that the Government have behaved in the right way to ensure an efficient and streamlined consultation process for local government leaders in the country?

Miatta Fahnbulleh: Councillor Craig summed it up perfectly: the 500,000 was an indication of the type of scale that we thought makes sense for the outcomes that we are trying to achieve. I go back to the need to deal with fragmentation, the alignment of services and, fundamentally, the impact for communities on the ground. Ultimately, though, there has to be some give within that. It has to be aligned with the existing institutions and with what local communities believe is the right geography to deliver the outcomes they want.

I think that we have been consistent, and I understand that my predecessor was pretty consistent. People ask whether it is 10,000 or 1 million; the 500,000 gives an indication. But part of the devolution process is about empowering places to use their judgment to come up with the right outcomes, and that is what we are trying to do. We have given an indication but, ultimately, we want proposals to come forward from places that say, “We can achieve the scale in the geography that makes sense to deliver the outcomes for our communities.” In the end, that is what this is all about.

None Portrait The Chair
- Hansard -

If we keep our questions and answers short, everyone will get in. I call Perran Moon.

English Devolution and Community Empowerment Bill (Third sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Third sitting)

Paul Holmes Excerpts
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I completely disagree. I have been having conversations, for example, with our strategic combined authorities that are going through the process. The difference between this Government and the last is that we have created a clear sense of the powers and the economic opportunities that areas can take forward. Take, for example, our current devolution priority area. I am the new Minister, and I am having the first set of conversations with them. Every single one is excited and enthusiastic about the prospect. At the moment, the demand for devolution deals is outstripping our ability to respond, because we have attached to them clear powers, access to funding and the ability to drive the change that we want to see in those areas. So I completely reject the premise that places are being driven to do this.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

There is a risk here that we are conflating what is actually happening on the ground. The Minister is absolutely right, and no one can argue that this Government have not been clear about the structures that they want to put forward. However, to say that there is a demand from local authorities requesting devolution is stretching it a bit, because it is quite clear out there—particularly in my area, in Hampshire and the Solent—that this Government have said to them, “You have to do this; otherwise we are going to force it on you.” That is not locally led, is it?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I spoke to the leaders of Hampshire and the Solent just last week, and they were unanimously enthusiastic about what was being proposed, because they could see the opportunity. I am pleased that it is being voted on, and ultimately it is for places to come forward. What we have said to them is, “If you go through this journey, there are powers that you can draw down that will allow you to drive change in your areas.” The strategic authorities, combined authorities and constituent authorities can see the economic prospect. They see what is happening in Greater Manchester, the Liverpool city region and the west midlands, and they want that for their residents. That is absolutely right, and what we are doing is enabling and supporting that.

Let me talk about the backstop power provided here. We do not expect to use it, which is why it does not come into force at Royal Assent; it is there if we need to draw on it. The only reason it is there—because we think the demand and the momentum created by devolution will do the job for us—is in the instance where there are blockages. That means when constituent authorities that want to move forward are being resisted by a particular authority, we give ourselves the ability to intervene. The reason we are doing that is because we do not want any residents to be left out. We do not want areas to be devolution deserts, not being able to benefit from the economic opportunities and prospects provided.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

It is absolutely right that we say that, in order to drive economic success in particular areas, there are powers that relate to economic drivers and levers that we want, and there is an investment fund that can be deployed at that functional level. I will not resile from that; it is absolutely the right thing to do. We are clear with places that we think a strategic authority operating at a functional geography is the way to unlock their economic potential, and we are building powers alongside that. Places that want to take it up absolutely can. At the moment they are queuing up to do so, and I am incredibly happy about that.

I am very disappointed in the hon. Member for Hamble Valley for not getting on in support of his area, which is enthusiastic for this and moving forward. Ultimately, there is momentum around devolution because the benefits of it are being seen already. It is not theoretical; it is not on paper. We are seeing it in our areas, and I want it for every part of the country, not just the ones that have gone through the journey.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister should be very careful about attributing motives to myself that are not there. I am very supportive of the fact that Hampshire and the Solent and will have a mayor. Hopefully, it will be a Conservative mayor, as that will drive the economy going forward. I want to press the point that we can see how divisive this is in the fact that three different versions of local government reform are being proposed. Hampshire and the Isle of Wight were told, in this Government policy, that if they did not go ahead and embrace devolution, it would be forced on them in a way they may not like. That is not locally led; it is compulsion, is it not?

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Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

We rehearsed the conversation about the level of consultation, but this is really about the role of town and parish councils. We have seen, since the devolution announcements were made, areas around the country rush to form town and parish councils where they do not already exist, and to protect services through town and parish councils where they already do.

However, we have heard that town and parish councillors have been completely ignored throughout the entire process. There has been no formal consultation with them and they have barely been mentioned. In fact, in the whole of the Bill, the title “parish councillor” is mentioned just four times, and in relation only to community assets. They are the true local councils; they are the people who know what is going on in their communities. The suggestion that there is no formal role for them to play in something as important as the creation of a huge council that will move things further away from them is hugely problematic.

We had local reorganisation in the Dorset area back in 2019. I have visited a number of the parish councils, and they have said to me that, since they lost their district council, the unitary council that they now have to work with is distant; things do not get done. In some of the areas being proposed, the new unitary authorities might be 50 or 60 miles away—they are going to be dealing with half a million people. Their main role is going to be in those really statutory, strategic functions. Yet our town and parish councils will be the ones that have to pick up the pieces, so their voices have to be heard. Of course, they will not be the ones making the decision—we know that—but they are simply invisible. We feel strongly that they should be part of that conversation; they should be consultees in this. Things should not be able to happen without their voices being heard.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I have great sympathy with the point that the hon. Lady is making. Would she agree that town and parish councils are already being asked to take on more services? We are seeing potential districts being abolished, handing down—or essentially getting rid of—assets to town and parish councils. Meanwhile, the town and parish councils are not being consulted on the wider reorganisation going forward. I wholeheartedly endorse the hon. Lady’s view that parish and town councils need to be consulted. Could she elaborate on why she thinks the Government are so reluctant to do so?

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

I thank the hon. Member for his intervention. I am not in the mind of the Government; I cannot understand why they would not want to embrace the incredible hard work of these volunteers in our communities who are already doing so much. But we are seeing, in every community, services handed down or at risk of closure, which are then only saved by the incredible work of the parish councils. It just strikes me as odd that we would not embrace the role of those parish councils.

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David Simmonds Portrait David Simmonds
- Hansard - - - Excerpts

The Opposition have listened attentively to the points made by the hon. Member for Camborne and Redruth and by my hon. Friend the Member for Isle of Wight East (Joe Robertson). My hon. Friend the Member for Hamble Valley may speak later to the amendments in the name of my hon. Friend the Member for Isle of Wight East, but they both relate to the need to recognise in local government structures the heritage of the parts of England that are affected.

From all the evidence that we have heard, and from many Members’ contributions, we know just how important it is that people feel that the name of their local authority area—that most basic of things—has a connection to them. On top of that are layers of geographical and economic considerations, as well as the trouble of learning it, all of which have an impact. That is why we and others are so keen to support measures to ensure that historical names are not lost in any of the Government’s proposed devolution measures, and that that heritage is fully recognised in any structures that follow.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will briefly elaborate on what my hon. Friend the shadow Minister has said about amendments 43 and 44. I do so on behalf of my hon. Friend the Member for Isle of Wight East, who has been a tireless and fierce campaigner for his constituents, and not only at Prime Minister’s questions.

I represent a Hampshire constituency whose southern parishes look out on the Isle of Wight. If I take a walk down Hill Head beach or somewhere in Hamble, I always see it. In Hampshire, the Isle of Wight is a constant. It is a constant presence on the coast of southern England, but it is also a vital part of our county. It has a proud set of people who have a booming economy that contributes so much to the county of Hampshire, and which is a major part of the county’s identity.

The Minister has talked about wanting local views and localism to be at the heart of the devolution agenda. I believe her. We had a brief interaction earlier, and although we can disagree about whether that devolution has been forced or voluntary, I absolutely believe that the Minister intends to make sure that if devolution happens, the regions involved have an identity and the right to an economic injection that delivers for people locally.

It would be very easy for the Government to accept amendments 43 and 44, because they would do nothing to change the mechanics or principles of the Bill. They would merely ensure that a region of very proud people is included within the description of the mayoralty that is proposed for Hampshire.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

I used to live on the Isle of Wight. I got married there and my parents met there, so I have a fond connection to it. Does the hon. Member agree that if “Isle of Wight” is not included within the authority name of “Hampshire and the Isle of Wight”, it might disappear from all the other organisations in which it features, such as fire authorities or health authorities? Suddenly, the Isle of Wight’s unique identity would be completely subsumed into an amorphous Hampshire.

Paul Holmes Portrait Paul Holmes
- Hansard - -

As the hon. Lady knows from when we were on the BBC’s “Politics South” programme some weeks ago, I rarely agree with Liberal Democrats, but I suspect that she and I agree on this point. I know that she stands for her area and, as a former council leader, for the wider area, and that she knows a lot about the Isle of Wight. I did not know that she got married there, but I am sure it was a lovely wedding, because the Isle of Wight is a beautiful place steeped in history. She is absolutely right that while Hampshire and the Isle of Wight have been together geographically, they have also been together in the way organisations have worked, over hundreds of years. I see the Solent as the water motorway connecting the mainland to the Isle of Wight. We could not interact without having it there. “Hampshire and the Solent” is the wrong name for the proposed mayoralty, because it leaves out the distinct identity of a proud people on the Isle of Wight.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I want to express my sympathy with the amendments related to the Isle of Wight. It is not miles away from the area that I represent, Brighton Pavilion. I know many people there who are similarly proud of their distinct identity. I note that the name for the new combined authority that will envelop Brighton is “Sussex and Brighton”. If it is good enough for us, it is good enough for the Isle of Wight.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I agree. I have had many a night out in Brighton, and I know that it is a very vibrant city. If it is good enough for Brighton to be named within that county, I do not see why the population of an island in this United Kingdom should not be named as part of its mayoral authority.

I say to the Minister, in the same spirit of co-operation in which I know she will respond, that if there is no movement in the decision on the name, that risks wider implications for the Bill. Many other areas will then start to think about why we went through the parliamentary boundary commissions’ changes to the names of our seats. That was a very difficult thing; people were not recognised.

The Isle of Wight has a precedent for being treated differently. It has always received special dispensation in the boundary discussions that we have had before. It would therefore be perfectly sensible for the proud and great people of the Isle of Wight to be recognised and have their name in a proud county name, if this devolution goes forward.

None Portrait The Chair
- Hansard -

I call Perran Moon.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I do not have those figures, but we can write to the hon. Member with them. However, the principle remains that the power is there. It is within the gift of constituent authorities; it is not being imposed by Government. If there is a name change that the combined authority wants to take forward, it can take it forward. We have seen that in Liverpool and South Yorkshire. There is no constraint from us. It is a determination for, and with the consent of, the constituent authorities. It is within the gift of Hampshire and the Solent to make that change.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister says that it is not the Government who are making sure that it happens. I accept that. However, having been in her position for only a short time—that is not her fault, as the fickle finger of fate has rested it on her shoulders—she may not know that the negotiation process that has taken place among the local authorities in Hampshire has not been smooth. There has been an overarching view that the county council, which has rushed towards accepting this devolution notwithstanding the impacts of the Government’s decision to push it forward, has not worked collaboratively. There is a wish for devolution, but in the minutiae it has been a very county council-dominated process.

As my hon. Friend the Member for Broxbourne says, the reason that there has not been a huge uptake in response to the consultation is the flawed nature of the decision-making process. I ask the Minister not to rest on the consultation responses, because as my hon. Friend says, a number of people on the Isle of Wight simply did not bother to respond. It is not about the make-up of a geographical devolution settlement; it is about a name. I ask her to listen to the elected representatives on the Isle of Wight who serve in this House, who have asked for it, and to consider it again.

None Portrait The Chair
- Hansard -

Order. I respectfully remind Members that interventions should be brief.

English Devolution and Community Empowerment Bill (Fourth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Fourth sitting)

Paul Holmes Excerpts
Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

The amendment would require any combined authority seeking new devolved powers to lay a formal report before Parliament, explaining why it is seeking those powers and how it intends to use them. It is of absolute importance that any devolution of powers is set within a framework of transparency and visibility on the reasoning, evidence base or expected outcomes for local people. The amendment would bring the process out of the shadows and make it open, transparent and accountable to the people whom local authorities are meant to serve.

The powers devolved under the Bill are significant. They constitute major transfers of authority over transport, housing, strategic planning, education and skills, health and more. Such decisions must be backed by clear reasoning and, above all, a public mandate. The devolution of powers should be clearly justified and democratically accountable, and must not be imposed on communities or done for political convenience. Local residents must understand why an authority is seeking certain powers and what benefits they can expect them to deliver. MPs and peers—our Parliament—must be given the opportunity to assess whether devolution requests are handled consistently and fairly across regions. I therefore urge the Minister to consider our amendment.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I thank the hon. Lady for giving way at what I think was the end of her speech. I just wondered whether she or her party had done any analysis of the extra cost that her amendment would put on mayoral authorities. I feel that the Liberal Democrats in Committee are having their cake and eating it—they have said that they want absolute devolution to local people, but now they want accountability to this Parliament on how the devolved mayor spends their money. We have no extra or special democratic right to do that, rather than the mayors who are being proposed. Has she looked at the cost that her proposal might put on the mayors?

Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

We have not looked at the costs, but we need to understand that the Bill devolves significant powers, possibly to one person. My local authority is a three-tier one at the moment, and we are very happy with that, but now the district councils will be abolished and possibly the county council, and we will have to be part of a unitary authority and then a strategic authority. It is important that we as MPs are here to stand up for our communities and residents. We need to ensure that anyone who gains more powers comes to them through Parliament.

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This measure is disproportionate and unnecessary. It does not solve any problem that we currently face in our politics, but it potentially constrains and deters those who may wish to serve their community. We are minded to vote against this provision unless we receive a clear assurance from the Minister that these considerations can be fully addressed.
Paul Holmes Portrait Paul Holmes
- Hansard - -

I am not sure that I can beat the excellent oratory of my hon. Friend the shadow Minister, but I want to add some context in my own style on why this clause is a bit of a sledgehammer to crack a nut.

The hon. Member for Brighton Pavilion has adequately and expertly addressed why there may be need for overlap in different local situations. She is absolutely correct to say that there have been instances where that overlap has been dealt with in an orderly manner and has been sorted within the usual confines of the democratic mechanisms we currently have.

All the way through the Bill, which I think has admirable aims, the Minister and the Government have said, “Let local people decide.” Now, local people presumably have elected those mayors or those MPs who now might want to be a mayor; I declare an interest here, as this clause will stop me running for the Hampshire and the Solent mayoralty. I will not cry in front of the Minister, but it will mean that my hon. Friends here would have to listen to some of my more mundane speeches for the next three or four years.

Local people have elected their MPs and they should have the right to determine whether those MPs are the people they want to be the mayors. The hon. Member for Barnsley North (Dan Jarvis), served as a mayor from 2018 to 2022. At no point did anybody on the Labour side of the House say that he was not good enough to do both jobs at the same time. Ken Livingstone was a mayor and a Member of Parliament from 2000 to 2001. I do not think anybody who was on the Labour side of the House at the time—I grant that many of the Members on that side of the Committee Room were not in the House at the time—was saying that he could not do two jobs at the same time.

This clause just seems very restrictive. If an election is going ahead and a city or region says, “Actually, we do not want you to be our mayor—we want you to remain an MP”, that person will not win the election. The Minister has said many times today that, on elections and democracy, local people should have their say. I find it strange that we seem to be taking quite a restrictive measure on who can and cannot stand in a democratic event, decided democratically by local people, for candidates who, presumably, are local too. I have some concern that this is overreach.

I also think that MPs are generally sensible—I do not want to create breaking news here, but they are generally sensible and, as the Minister said in the context of mayors setting council tax precepts, they are also not immune to the moods and feelings of the local people that they serve. If a local MP wants to stand for election as mayor, they have the right to say that to their constituents. If they get a massive kickback from their constituents, they either will not win the mayoralty or they will not stand.

Local MPs should have the right to make that decision. Local people in that constituency or that region should have the right to say that they do not want that person; or that they might want that person, and allow that person to stand down from Parliament at a time of their choosing, if they are allowed to stand for the mayoralty, and resist the cost of a sudden burst of by-elections to this House. Let local people decide. Let local politicians be local. If they are not wanted, they will not be voted in.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank hon. Members for their comments, and I have some sympathy with the arguments made. However, in a world where we are giving greater powers to mayors, which is the process we are going through with this devolution Bill, the idea that someone can exercise those functions to the best of their ability alongside the very important role we all do as MPs is a stretch. It is right for residents and constituents that we say, “If you are elected as a mayor, you ought to be doing that job full time.”

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None Portrait The Chair
- Hansard -

Are you going to intervene as well, Mr Holmes?

Paul Holmes Portrait Paul Holmes
- Hansard - -

Yes. I thank the Minister for involuntarily giving way to me—Sir John, your rule as Chair is a very happy time for me. The Minister may now think I am being facetious, but I assure her that I am not; I have genuine agreements with her vision for devolution. On her response, however, to the hon. Member for Brighton Pavilion about someone not being able to fulfil two jobs to the best of their ability, can the same argument not be made for Members of this House who are elected while councillors? I am speaking particularly of the Liberal Democrats, but also of some within the Conservative party, such as my hon. Friend the Member for Broxbourne, who is sitting behind me. Does the Minister stand by her view that someone cannot do those two roles at the same time? Why is it acceptable for that role, or even for her role as a Minister while she is an MP, as my hon. Friend the Member for Ruislip, Northwood and Pinner mentioned, but the roles of the mayoralty and the MP seem to be different?

None Portrait The Chair
- Hansard -

Now the Minister can deal with all of you.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

We are trying to create empowered mayors with huge responsibility over transport, housing, infrastructure and skills. That is a full-time job—bigger even, candidly, than that of an individual Minister. It is absolutely right that they should, if elected to do that job, be doing that job. Hon. Members have made important points about how we get the transition right in order not to have disruption. I thank the hon. Member for Ruislip, Northwood and Pinner for his encyclopaedic knowledge of the history of local and national government and the precedent that Ministers used to resign their seats. We will reflect on that and think about how we get the transition right.

Paul Holmes Portrait Paul Holmes
- Hansard - -

My intervention will be very brief. I am slightly burnt by my experience on the Planning and Infrastructure Bill Committee, where the Minister constantly said that they would reflect, and we never heard back from them until after the Committee had finished. May I seek assurance from the Minister—she does not need to give an answer today—that, on the point of the immediacy of the vacation of the office, she will come back to us in writing to give us the steer of her reflections and what actions she will take in regard to these concerns, if any? Will she commit to doing that before the Committee rises?

None Portrait The Chair
- Hansard -

I can see the Minister is nodding already.

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None Portrait The Chair
- Hansard -

That is fine.

Paul Holmes Portrait Paul Holmes
- Hansard - -

On a point of order, Sir John. Forgive me, I may be ignorant on this, but on the selection list I do not see amendment 361 in the running order. If you could give me some clarification, I would be very grateful.

None Portrait The Chair
- Hansard -

We are taking amendments in the order that they are on the amendment paper.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I stand corrected, thank you.

None Portrait The Chair
- Hansard -

Not at all; I had to get advice to reply to you.

English Devolution and Community Empowerment Bill (Fifth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Fifth sitting)

Paul Holmes Excerpts
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I will respond to my hon. Friend’s question, and then I will address the amendments. It absolutely does apply to anchor organisations—the key people we would expect to have around the table for particular issues. We expect it to be private sector, although I think the power of direction might be a bit weaker for the mayor in that context. In order to advance an issue, it will be for the mayor to be clear about the partners that they need around the table, both private and public, and to bring them around the table. The experience of mayors has been that most of this is done voluntarily, because most partners in a place want to work together to deliver the outcome for their people. This provides an additional tool that the mayor can draw on in instances where, for whatever reason, partners are not automatically willing to come around the table.

Turning to the amendments, first, I want to flag that as drafted, they are focused on the Mayor of London. We believe they introduce an inconsistency between the powers of the Mayor of London and his counterparts elsewhere in England. They also run contrary to a central aim of the Bill, which is to standardise and simplify the legislative framework for devolution across England, including London. Clause 21 includes a power for the mayor to convene meetings with local partners on relevant local matters, and amendment 295 seeks to remove the corresponding requirement on local partners to respond. The power is designed to enable a mayor to bring the right people around the table; it is not an enforceable call-in power. That is not what we are proposing here; rather, it is aimed at empowering a mayor to work with local partners to drive delivery and better outcomes for their communities. Members will see that the requirement on local partners is proportionate and not overly burdensome. It does not obligate partners to engage or collaborate, but it requires them to respond to requests from a mayor. We hope that that triggers a process where most parties will be willing to engage or move forward.

Amendment 294 would allow the Mayor of London to specify local partners where other mayors should not, which would lead to a piecemeal and unclear definition of local partners, risking confusion at all level. Defining local partners in regulation allows for appropriate parliamentary scrutiny and will provide a single, coherent definition across England that can be understood by both mayors and local partners.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

I apologise for interrupting the Minister. I understand what she is saying, but we have seen a contradiction from the Government on Second Reading as well as in Committee. Is the meaning that they want to go a full devolution power and have mayors in power to make decisions for their local people? I think it is accepted that, across different geographical areas, there will be different local partners, so why are the Government being so prescriptive and removing the role of the mayor to govern their own corresponding responsibilities?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I am sympathetic to the hon. Gentleman’s point. The regulation, when drafted, will be permissive, because we recognise that it will be different in different places. Through the regulation, we are trying to ensure that it is proportionate. We are also trying to make sure that the scope is drawn as broadly as possible in a way that makes sense for the mayor. I come back to the point that this is not a compulsion to be around the table; it is to trigger a process that means that if a public utility is required around the table, they have to engage. Even if the engagement is to say no which we would hope it would not be, it forces a process of engagement. We think that gives the mayor an additional tool to get the right people around the table to drive the change they want to see.

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Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

These councils need to have a voice at the table of decision makers. The hon. Member has also been a parish councillor, if I remember properly from our last debate, so he knows how important they are as stakeholders in their local communities. There is a way of making this convening duty less cumbersome on the mayor. To be fair, though, if someone stands to be the mayor of 1.2 million people, they have a responsibility towards all of their communities.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I do not want the hon. Lady to look so disheartened, because I am about to agree with her. She looked horrified that I was intervening on her.

The hon. Lady is absolutely right that we share a concern about town and parish councils being consulted. However, does she not think that the new clause is slightly over-egging the pudding? If a mayor was worth their weight in gold, or accountable to their constituents, it would be in their own interest—in the interest of them staying in their job—to meet those people anyway. I wonder whether she thinks that the new clause may be too prescriptive.

Regarding the plan to have meetings once every 12 months, that would be perfectly achievable by meeting all the town and parish councils on the same day. To answer the hon. Member for Banbury, there would be 364 days when mayors would be able to meet other people.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

The hon. Member asks about the mayor meeting the citizens assembly, which misunderstands what a citizens assembly does. It does not ever have to see the mayor if it does not want to. It is there, in its own right, to consider things. I will explain more about how they work in a moment—

Paul Holmes Portrait Paul Holmes
- Hansard - -

Will the hon. Lady give way?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

No, because I need to get to end of my sentence. I intend to explain how citizens assemblies are different.

Citizens assemblies are not town hall meetings, and they are not a method for the public to hold the mayor to account. They are a completely different part of democracy, and have been very successful. I mentioned that Parliament has convened one on climate change. We have also seen them used successfully to consider knotty issues in other countries, such as changing to marriage laws to be more inclusive. Where, at the political level, an issue is contentious and divisive, a citizens assembly sitting and considering it can come to quite sensible recommendations—taking politics out of it. It is a good way to build communities of democratic citizens. We know that people who take part in citizens assemblies and have their voices listened to go on to greater engagement and participation in political life.

The method of selection is essentially sortition or lottery. These are people who are akin to a jury—often they are called citizens juries—who are selected as uninterested people, so far, in the issue to be considered. They convene and set their own agenda. They will hear and request evidence. They will hear from people directly affected and potentially from experts. The agenda is driven by them. They then make recommendations. There is no requirement for the mayor to be involved in the process at all, in terms of their time, but the new clause suggests that the mayor should take account of the recommendations when they have been put together in such a careful way.

The new clause also suggests that the agenda of what would be a standing citizens assembly would be discussed and agreed between the mayor and the citizens assembly as it goes forward.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

The new clause specifies that an assembly would consider “relevant local matters” and that those are matters that would be agreed between the mayor and the assembly. Any sensible body would want to be considering issues that are soon to be the subject of decisions by the mayor—that would make perfect sense.

I will cite some polling to show that the public do not have much of a problem understanding this concept. When asked by YouGov in 2023, 55% of people said they would trust a citizens assembly to make policy recommendations in their “best interest”. That compares with 14% of people trusting MPs. In May 2024, YouGov asked the public if they would trust a citizens assembly “a great deal” or “a fair amount” to tell them the truth. Fifty-nine per cent said they would, compared with 17% of people who would trust MPs. Hon. Members can see that this is something that the public respond positively to.

Certainly a mayor who is governing a very large area and seeking to win consent for a policy would do well to have put in place a process of consideration by a citizens assembly. I hope that good mayors out there would use the process to engage citizens as part of wider consultation measures, to get comments on their proposals from people directly affected and a representative sample of the local public.

The proposal is supported by Compass, which I worked with in drafting it. In its “From Whitehall to Townhall: What the English Devolution Bill Needs” report published in August, Dr Jess Garland wrote:

“Across the country, councils have used citizens assemblies to understand local priorities on issues from climate to neighbourhood policing. These practices engage a randomly selected and representative group of residents in the decision-making process, learning about the challenges and trade-offs, and coming to decisions collectively. Such measures aim not to replace representative political structures but to support and add credibility to them, helping tackle difficult issues and improve understanding of local priorities, but they have a wider benefit, helping to build the trust and connection that underpins a thriving democracy.”

Paul Holmes Portrait Paul Holmes
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I rise to speak to new clause 19 in the name of the hon. Member for Brighton Pavilion. I wholly respect the reasons why she tabled it. However, I intend to speak against it, because of the burdens that it would place on the mayor, as well as some of the additional costs that it would introduce, as the hon. Member for Mid Dorset and North Poole intimated.

I should declare at the very beginning that I am a firm believer in democracy. Just as my party does when it puts itself forward to run this country and I stand for election, everyone who wishes to be a mayor will put before their electorate a manifesto, and if those manifestos are worth the paper they are written on, they will state very clearly what that mayoral candidate intends to do during their term. Occasionally, the Labour party adds things that were not in its manifesto, or possibly drops things that were in it, but a prospective mayor’s manifesto should be very clear about what they want to do for their residents.

Therefore, residents who engage with the electoral process—granted, turnout needs to be higher—will know very clearly what the winner was promising, whether they disagree with them or not. I am accountable to my constituents. A mayor will be accountable to their constituents. What is the point of establishing another body that chooses to meet when it wants and, as the hon. Member for Brighton Pavilion said, might not even need to meet the mayor?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I agree that a citizens assembly is not about accountability, but would the hon. Member care to comment on the issues that I raised about trust and consent for policies that are being put forward for implementation?

Paul Holmes Portrait Paul Holmes
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I will—that is called an election. That is my point. I understand that the hon. Lady comes at this from a genuine position—I hope she accepts that I do, too—but the accountability and trust element is a general election, or an election for the role of mayor, at which they will be held accountable for whether they have committed to and, more importantly, delivered what they said they would do. That is the key process, and key accountability structure, of the Bill.

Although new clause 19 is very well drafted, it would place a huge cost burden on the new authority, or the mayor, to establish a citizens assembly, not to mention the administrative burden of selecting 40 people from the area “by sortition or lottery”. Although I do not believe in prescriptive legislation, I think that the new clause would be open to interpretation in many different ways and would add huge costs to the operation of the authority or the mayor, at a time when it is generally accepted that the public finances are not in the way they should be. The mayor must not be overburdened in delivering their key priorities and strategic aims by the additional expenditure that would be required.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

I think there is absolutely a role for citizens assemblies. What does the hon. Member think about asking the Minister to look at a role for citizens assemblies but without the prescription about 40 people? In an area of 1.2 million people, 40 would not be representative; we might want to make it much bigger or have it convene on an ad hoc basis. We might want to create something in the legislation, but possibly not what is proposed.

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Paul Holmes Portrait Paul Holmes
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The suggestion fills me with horror—I am open in saying that it fills me with utter dread. The electoral process is the point. The hackles on my neck stand up when the words “citizens assembly” are mentioned because we have the electoral processes. Already, every day, people out there in our communities form groups and challenge the mayor. Every day in this job, we are lobbied by groups with well-intentioned policy aims.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Has the hon. Member considered the occasional lack of involvement in those groups by a genuine cross-section of the community, and how a citizens assembly could directly address that problem?

Paul Holmes Portrait Paul Holmes
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I think that most campaigning groups are filled with people who are utterly enthralled and want to achieve the outcomes of that group. It is a bit of a generalisation to say that there is not a proper cross-section of the community in those groups, because those people are motivated by an interest and an issue that affects them and their lives every day.

The cost and the administrative burden really concern me. The hon. Member for Brighton Pavilion outlined that new clause 19 would not necessarily force the mayor to engage with the citizens assembly—I believe she said that it “suggests” they should do so—but the new clause clearly states:

“The mayor must…take into account any recommendation made by the assembly either at a convened meeting, or in regular consultation; and…publish a response to any such recommendation within two months beginning on the day on which the mayor first receives the recommendation.”

That is a very different proposition.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

As I understand it, the drafting means that recommendations could be made by the assembly

“either at a convened meeting, or in regular consultation”.

Paul Holmes Portrait Paul Holmes
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Subsection (6) of the new clause’s proposed new sections clearly states the words I quoted, which include:

“The mayor must…take into account”.

Therefore, what the hon. Lady has said about what the new clause would establish is not necessarily correct. I believe that it would overburden the mayor in his day-to-day role.

I hope that those who read the Hansard report tomorrow will see clearly that I am very much not in favour of citizens assemblies. If a citizens assembly wants to get in touch with me, I will make that very clear. I am not against scrutiny or accountability and I am certainly not against constituents getting in touch with me to suggest how they can make their area better—that is why I am in politics. We all do that every day.

Every mayor, including the Mayor of London and hopefully the Mayor of Hampshire and the Solent, when that role is established, is a politician who is accountable to their electorate. The new clause would overburden the role of the mayor at a time when finances are already tight. I oppose it, and I hope that my party spokesman will too.

None Portrait The Chair
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No pressure, Mr Simmonds.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Business organisations, whether small businesses, the Confederation of British Industry or chambers of commerce, will inevitably be around the table when a mayor worth their salt is making economic decisions and driving forward strategic partnerships.

The Government believe that as part of that partnership between workers, businesses and civic leaders, it is right that trade unions are firmly around the table. They give voice and expression not only to their individual members but to key concerns for workers across the piece. We do not resile from that; we think it is critical.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Correct me if I am wrong—it may be very rare, but sometimes I am—but earlier, the hon. Member for North West Cambridgeshire asked the Minister for assurance regarding the ability of a mayor to engage with businesses to further economic regeneration across the country. Why has the Minister decided to legislate for mayors to consult with trade unions, but not—to the point made by my hon. Friend the Member for Ruislip, Northwood and Pinner—with private business, which represents vastly more economic output and employers than the trade unions do? Why is she doing that?

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David Simmonds Portrait David Simmonds
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I have finished my remarks.

Paul Holmes Portrait Paul Holmes
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I want to make some brief remarks agreeing with my hon. Friend. I have negotiated with trade unions and I have a huge amount of respect for them. When I was cabinet member for children’s services and learning at Southampton city council, a hugely unionised organisation, I was responsible for negotiating some of the pay contracts for our really important staff. I had a very productive relationship with my trade union representatives and held them in great respect, as my hon. Friend did his when he was deputy leader at a local authority.

We are not anti-trade union, but we do not believe that there should be political favouritism for organised labour, where private business is essentially left out. Why does the Minister believe that organised labour, who, I must say, have intrinsic links with the Labour party movement, should have that prestigious and privileged seat at the table with the elected mayor? The Minister has resisted legislating for a mayor to have a duty to ensure that private business is included around that table; she is leaving that to the direction and the whim of the mayor elected at the time. Why can she not take that same attitude towards organised labour and the union movement?

Finally, I would say that this is very closely bordering on abuse of the political system. We on this side of the House firmly believe that. [Interruption.] Government Members can chunter as much as they want, but I ask them again: when they go around their constituencies and speak to private businesses that have been drastically affected by the decisions of this Government, will they say to those businesses, “It is absolutely fine that, when you get a mayor, you will not be legislatively consulted, but the unionised, organised labour workforce will be guaranteed a prestigious seat at that table”? That is a clear blurring of the lines on what a mayor should be doing. That is why we in the Opposition are opposed to that legislative proposition. As I have said clearly, Conservatives—including any Conservative Government and my hon. Friends and I here today—are not anti-trade union, but the measure gives legislative access on a dangerous scale, and that is why we will be opposing it. [Interruption.] The hon. Lady is welcome to intervene if she wants to.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I do not want to drag out this debate any further, but I think the hon. Gentleman is over-egging this. This is a duty to collaborate; it is not about decision making. Any mayor worth their salt will collaborate with key businesses in their local area if they want to drive economic outcomes. We have also been clear that we will put in place regulations outlining the set of partners, including local partners.

I hope the Opposition understand that it is not always second nature for mayors to decide that they want to collaborate with trade unions. [Interruption.] Well, our view is that they should, because we think it is important that workers are part of that collaboration and work as part of that partnership.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister is absolutely correct when she says that a mayor should, if they are worth their salt, discuss and collaborate with business. I entirely agree with her on that, but she has not ensured that that is enshrined in legislation. What she has enshrined in legislation is that organised labour and the trade unions should be around that table. If she really believed in equal access for everybody who contributes to economic output in our regions, she would include private business on the face of the Bill.

As I say, this is a dangerous precedent to set; it is favouritism. It is privileged access to the mayor for organised labour, and I think that is a bad thing. If the Minister wanted to give organised labour parity with private business, which delivers economic growth across this country, she would have our support, but she certainly does not have our support for the privileged position that she is putting our trade union movement in.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

We are clear that if a mayor is serious about driving economic outcomes in a way that works for their community, they must collaborate with a set of partners. That 100% includes private business, and will include anchor organisations, but it should also include trade unions. The duty to collaborate will be broadly set. We will lay out the set of partners in regulation, but that will be dictated by the feedback that we get from mayors. I therefore ask that amendment 296 be withdrawn.

Question put, That the amendment be made.

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David Simmonds Portrait David Simmonds
- Hansard - - - Excerpts

I beg to move amendment 300, in schedule 5, page 128, 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.

From the interactions so far on the subject, I feel as if there is a high degree of consensus on this point. The purpose of the amendment is to ensure that any regulations under the Bill will answer some of the questions that many of our constituents have been asking about such micromobility schemes. A number of Members present have a particular interest in this topic and a series of pilot schemes across the country on the hire and use of micromobility were broadly modelled on some of the previous schemes that were introduced to improve access to bicycles. They have met with mixed reviews.

The key thing that comes up repeatedly is the number of micromobility vehicles that are left to cause obstruction to people who have disabilities, parents who have pushchairs, people who have vision difficulties or are partially sighted, and those who are undertaking duties such as repairs, maintenance and cleaning. They all can find such vehicles a significant problem if not properly managed. The purpose of the amendment—I particularly draw attention to proposed new subsection (5)—is to be clear that if the provider of the scheme fails to manage its vehicles properly, the licence may be removed. I am open to what the Minister has to say about how such a provision could be enshrined.

Paul Holmes Portrait Paul Holmes
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Does my hon. Friend the shadow Minister agree that part of our problem in many of our city centre locations, as he rightly outlined, is the impact of the vehicles being discarded across the pavements? The operators do not necessarily have the wherewithal or enforcement ability to take responsibility. Does he agree that the amendment absolutely places that responsibility on them, so that there is no doubt about their duties with regard to the public?

David Simmonds Portrait David Simmonds
- Hansard - - - Excerpts

My hon. Friend is absolutely right to spotlight what is at the heart of the matter. The learning from the pilot schemes is that they are widely engaged with and used, and I know Members of this House who use micromobility hire as part of their commuting near the Palace of Westminster. Such schemes potentially form a responsible and useful part of our transport system, but we need to ensure that the issues that persist in undermining them are addressed. I will listen closely to what the Minister has to say about how the Government propose to deal with the issues.

Ordered, That the debate be now adjourned. —(Deirdre Costigan.)

English Devolution and Community Empowerment Bill (Sixth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Sixth sitting)

Paul Holmes Excerpts
Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

As I indicated, I would like to make a rather speculative suggestion in relation to schedule 5, which is to ask whether Ministers have considered, or might consider, extending these kinds of provisions on the licensing of micromobility to also cover managed delivery services, many of which currently use micromobility-type vehicles, or vans. Those tend to cause similar problems, which could be solved in similar ways, and that would add up to helping to achieve the same goals as this schedule.

Essentially, Ministers could add delivery vehicles and managed delivery services to be licensed in the same way as micromobility vehicles. As with this schedule, the details of how that was done would come in guidance afterwards, so Ministers could choose between something relatively light-touch or something a bit more useful.

Reasons to consider this suggestion include traffic generation and the ability to speak regularly to, or regulate, the companies involved to allow for more consolidation, so that journeys are carried out more efficiently. Powers to regulate and license food delivery by bike might be very useful in relation to issues of safety and workers’ rights. We know that freelance delivery riders report huge time pressures and poor working conditions, and people who have problems with how some of the micromobility hire services are used by users also often report the same kinds of issues with delivery riders. Although I do not want to create a huge amount of bureaucracy, I think the issues are similar, and Ministers might look either now or in the future at widening the scope of these kinds of powers for the authorities that we are considering today.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

It is a pleasure to see you in the Chair as usual, Ms Vaz. I want to make a quick remark, notwithstanding the fact that the shadow Minister, my hon. Friend the Member for Ruislip, Northwood and Pinner, may want to speak to this. Briefly, I welcome that the Minister’s and the Government’s recommendations, contained in schedule 5. The Minister does not know those of us on the Opposition Benches too well at the moment—she will do by the end of this Bill Committee—but, if she can get my hon. Friend the Member for Broxbourne to agree to extra regulation, that is absolutely good enough for me. He is well known as somebody with strongly held views about the role of the state in local government from when he ran his excellent local authority and administration. The Minister has managed to achieve something that I, as his Whip, have never managed to achieve.

I welcome this sensible piece of regulation. One of the things I welcome in the Bill is the assurance the Minister has given, and which is set out within the House of Commons Library paper, that it would grant strategic authorities and county or unitary authorities where a strategic authority does not exist. That is a sign that the Government are listening to the wants of local authorities—as the previous Government did when they licensed pedicabs, for example, with my former colleague Nickie Aiken getting that Bill through. I wanted to place on the record that I believe this is a welcome piece of regulation—but the Minister should not get too carried away and start making regulations everywhere willy-nilly.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
- Hansard - - - Excerpts

I have nothing to add, apart from the fact that this is a good addition; but the hon. Member for Hamble Valley mentioned pedicabs, and I cannot let that go by without asking the Minister to look again at that issue, because they are absolutely blighting the part of London where we work, making tourists’ lives utterly miserable, and contravening virtually every traffic law I have seen, with little enforcement. If there is any opportunity to go further on pedicabs, bring it on.

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Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

This is very much about clarification. We know that a decision will be made, apparently very soon. I believe “very soon” was used in a Westminster Hall debate only a couple of weeks ago—I am new at this, but I think that that might mean sometime in this Session, perhaps—and we will get the outcome of the consultation on general pavement parking. Our amendment 348 is about obstruction, which is an existing offence.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I agree with the comments made by the hon. Member for Stratford-on-Avon and I thank the hon. Member for Mid Dorset and North Poole, the Lib Dem spokeswoman, for her excellent speech. Will she acknowledge that—as much as she gets emails, every colleague across the country gets such emails—this is about making it easier for the end user, our constituents, to report stuff? Does she agree that Guide Dogs, which has been running an excellent campaign on behalf of the blind for many years, would be pleased to see the Minister accept amendment 348?

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

I am so glad that the hon. Gentleman mentioned Guide Dogs. I have Guide Dogs written down on my notes, as well as the RNIB, the Royal National Institute of Blind People, of which I am a champion. They have been campaigning for the full change, but amendment 348 would certainly be a step along the way. I also understand that it would implement the Transport Committee’s 2019 report recommendations. A lot of work has already been done on the issue.

The second element of amendment 348 contradicts something that the shadow Minister talked about in connection with Conservative amendment 291, which relates to parking fines. As a councillor and former leader of Bournemouth, Christchurch and Poole, I was delighted that over the summer a Minister gave permission for Bournemouth, Christchurch and Poole to have a trial of extended fines. That is not about councils trying to make money, but about councils trying to balance the books and local taxpayers not carrying the burden.

Let me give the Committee an example. A parking fine for someone who parks in the middle of a roundabout, on a grass verge or somewhere else dangerous—I am talking not about not paying in a car park, but about a dangerous piece of parking—is £70, reduced to £35 if paid within 14 days. For someone who has travelled down to Bournemouth for a day at the beach, parking will cost between £25 and £30. It will cost a similar amount to park in Brighton, Bath or Oxford—in most of our thriving places.

Someone might as well pay £35 between four adults in a large vehicle that can bump its way up the kerb and park right next to the beach, where it is really convenient. The vehicle will need to be ticketed and, at some later stage, probably towed away if it is causing a danger to ambulances or bus routes. Even if it is towed away, the fine that can be levied is £150, and yet for the council to have that vehicle towed away can cost up to £800. The difference is paid by the local council taxpayer. In a typical summer in somewhere such as Bournemouth, something like 1,500 tickets are given out. Members can imagine how much of a shortfall there is.

Amendment 348 seeks to give the ability that already exists in London to other places, so that they can apply a different parking fine where deemed appropriate, potentially in limited circumstances. The system is not working at the moment. So many people think that it is perfectly okay to turn up to places and do that, although I do not think it happens quite so much in Cornwall. When I visited there, people behaved incredibly well, but people who visit places like Bournemouth behave incredibly badly, and to have that freedom would be useful.

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David Simmonds Portrait David Simmonds
- Hansard - - - Excerpts

I shall speak to amendment 304, which stands in my name. I would like to think that it is one of those amendments that the Government will adopt, if they are wise, because it would do something practical towards the delivery of a higher level of housing through the Bill.

Despite the provision of very large amounts of capital funding by the previous Government, the Mayor of London has been a case study in the failure to deliver. There will be complex reasons in the wider market why it has been a challenge, but the previous Government delivered just shy of a net additional 1 million new homes over the life of the previous Parliament, in line with the target. Since then, house building has collapsed. Partly that seems to be because operators in the market—big developers and house building companies—are looking at the Bill and seeing opportunities to increase the potential value of their sites by arbitraging between all the different layers of bureaucracy, rather than delivering homes.

However, many of our constituents look at areas that have good PTAL—public transport access levels—scores, and so an ability to access effective public transport, as offering a high degree of opportunity. The Opposition’s view is that we should prioritise sites like that, which in some cases are quite close to securing planning consent, because of their ability to densify our urban centres. In London and other big cities, such as Manchester, where we had our recent party conference, we see examples of this approach delivering large amounts of additional housing in city centre areas. It contributes to growth, to housing delivery and to the economy of those local areas.

For all those reasons, the amendment is positive, so I hope that the Government will accept that it would add significant value to the Bill. I look forward to the Minister’s response.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I echo some of the words of my hon. Friend the shadow Minister, and I want to talk briefly about one of the things I feel particularly passionate about in planning: the densification of our urban centres. I spoke at a number of events at Conservative party conference where I advocated for it, as my hon. Friend has, as well as speaking about where we did not get it quite right when we were in government.

I am the first to say that we did not come down as hard as we should have on many speculative developments on green spaces, both in my constituency and across the country. We lost a lot of the ability to regenerate some of our urban centres, which is a fortunate and necessary by-product of unlocking some of the sites in our urban centres, as amendment 304 is intended to do. Our urban centres are where many of our younger people want to live. There is a connectivity already. The infrastructure exists, although I am the first to say that much of the infrastructure in our urban centres needs to be improved. That is where our younger people, our more mobile people, our entrepreneurs and those who want to make a success of their life, particularly in tech centres and economic centres, want to live; but, unfortunately, that is where the higher-priced properties are.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I agree with the hon. Lady’s broader point. There is absolutely a piece for us to think about regarding energy infrastructure. Having served as Minister for energy consumers, thinking about how we drive warm homes and the interaction with the grid, there is clearly a big piece of work that needs to be done there, and a role for strategic authorities to play in thinking about that planning in an integrated way.

The frameworks that amendment 252 refers to are nascent and likely to be quite high level, but the principle is that as strategic planning authorities think about their spatial energy plan they should think about both how they effectively use the land and the energy and transport infrastructure that is in place.

I agree with the intent behind amendment 304. I refer hon. Members to the national planning policy framework, which rightly places greater emphasis on the use of previously developed land, and we want to see mayoral development orders used to support urban regeneration. On those points, we are completely aligned. However, we should not over-constrain mayors. We want legislative flexibility to allow a mayor to use a range of land types across their area. Where an urban extension or a new town is the appropriate thing, we do not want to bind the hands of mayoral strategic authorities and stop them being able to use the right land for the right development.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister is right to say that the NPPF outlines previously developed land, but it does not include density, so it is not necessarily relevant to this amendment. We seek an incentivisation of densification: does she agree with that policy basis?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I refer the hon. Gentleman to the national planning policy framework, which tries to encourage and incentivise the use of previously developed land, and to make sure that within our urban centres we are building out as much as we can. That is an issue for the NPPF and the Planning and Infrastructure Bill. It would not be right, in the context of mayors specifically, to constrain them and say, “You can only use one land type.” We must allow the flexibility but use national planning policy to encourage urban regeneration and urban densification.

English Devolution and Community Empowerment Bill (Seventh sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Seventh sitting)

Paul Holmes Excerpts
None Portrait The Chair
- Hansard -

In the absence of Mr Simmonds, I call Mr Holmes.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

I will do my best not to disappoint you, Sir John, or the Minister or Government Back Benchers. I welcome the Minister to her place and hope that she feels refreshed after last night’s late sitting; we will try to make this as easy as possible.

In relation to schedules 12 and 13, this is a standard procedure used by the Mayor of London. We see this as a perfectly sensible proposal that unifies the regulations with those existing in London. I will just say this to the Minister, if I can without disappointing her. On proposed new section 61DCA, the Minister outlined that the Secretary of State could direct or issue an order, should local authorities not agree to a mayoral development order. I understand that details will come out in secondary legislation, which is perfectly acceptable, but could she outline to the Committee the balance of power? As I think the Minister respectfully acknowledges, we have been consistently worried that, if this is supposed to be a true devolution Bill, giving power to the Secretary of State to order or issue kind of breaks the spirit of that devolution.

Could the Minister give the Committee some reassurance that the views and objections of local authorities would be taken into proper consideration? What would that balance of power be, should the Secretary of State have to use that order? We do, however, see this as a perfectly reasonable schedule, and will not seek to divide the Committee on it.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Member for supporting the measure. In the event that there is not consensus between a constituent authority and the mayoral strategic authority, it would go up to the Secretary of State in the way that planning applications do currently. The Planning Inspectorate will review it based on its planning merits, in the light of issues and objections that have been raised locally, and the full suite of evidence. It is consistent with the current process for planning applications that are called in. We think this will essentially standardise what we do for individual local authorities currently.

Question put and agreed to.

Schedule 12 accordingly agreed to.

Schedule 13 agreed to.

Clause 33

Power to charge community infrastructure levy

Question proposed, That the clause stand part of the Bill.

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Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
- Hansard - - - Excerpts

It is a pleasure to have you back in the Chair, Sir John. I welcome the introduction of MCIL. We have spoken before about how these authorities will be funded, and this is another tool in the toolbox. I am slightly concerned about how it will sit alongside strategic CIL and neighbourhood CIL. I would be really concerned if this took away the portion of money that is available for local neighbourhoods through neighbourhood forums or town and county councils to spend on hyper-local infrastructure, which can otherwise never be funded. I am also interested in the pieces of infrastructure that currently are funded through strategic CIL by an upper-tier authority. Will those responsibilities pass in full across to the mayor, so that we do not end up with a situation where the mayor gets the CIL, but the council gets the responsibility?

That is one of the reasons why we have tabled new clause 1, although the Minister may say we do not need part of it. The first part of the new clause states that the Secretary of State must, within six months of the passing of the Act, prepare and publish guidance on the implementation and administration of community infrastructure levy charges—tt may be that that is going to happen anyway. More importantly, there is the issue of error and incorrect charging. I have been speaking to my hon. Friend the Member for Newbury (Mr Dillon), who has been involved with the CIL Injustice Group, where there have been miscalculated charges, with councils charging up to £100,000 for the community infrastructure levy completely incorrectly. We know that CIL is supposed to be charged on additional dwellings for commercial use, not on self-builds or extensions, but that has happened in a number of councils around the country. There are a couple of councils in Surrey—Waverley in particular has a huge problem. The new Liberal Democrat council in West Berkshire had to pay back £300,000 in total to 18 different constituents who had all been incorrectly charged. In my own county of Dorset, there are cases where people have been incorrectly charged.

In some instances, people have been building their own home and suddenly had a notice put on the path outside. Some have been chased down for huge amounts of money, and some for tiny amounts of money, and have had court charges applied to them. It is a problem that needs solving. Last Monday in the Chamber—I believe you were present, Sir John—two Conservative Members raised cases from their own constituencies. A previous Minister said that a series of households had been badly hit. It is clear that the CIL regulations are not intended to operate in this way. We do not believe our new clause would create a significant new burden on the Secretary of State; it is there to assist, and we would be grateful for a commitment that its provisions will be rolled into the legislation.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will speak to amendment 289, in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner, on behalf of the official Opposition. I will also briefly speak to new clause 1. The hon. Lady has just very expertly outlined why the Government should accept it, and the official Opposition agree with her. She is absolutely correct that CIL, although a very good thing, is—not always intentionally, but sometimes negligently—being used in inappropriate ways. Just last week, my right hon. Friend the Member for Godalming and Ash (Sir Jeremy Hunt) mentioned a case in his constituency with his local authority, where somebody was being charged £70,000. That is clearly unacceptable.

Any measure that could improve the regulation and guidance to local authorities, not necessarily to restrict them but to give them clarity—it would also slightly pull on the tail of their coat, so they do not act irresponsibly to people who are responsibly improving their homes—is a good thing. We will therefore be supporting new clause 1 if the hon. Lady chooses to press that to a vote. It clearly does not place an undue burden on the Secretary of State, and it would mean that the system would become more streamlined and transparent. It would give protection to people who are doing the right thing and ensuring that they are following the rules, but the rules are clearly being interpreted in different ways.

Amendment 289, in my name and that of my hon. Friend the Member for Ruislip, Northwood and Pinner, would ensure that the mayors charging CIL report on the effect that this has on housing development. Similarly to new clause 1, we do not think that that would place an undue burden on the legislation or on the necessary parties because, where the community infrastructure levy is being used at the moment, there clearly is a lack of transparency on what it is delivering for local people. The amendment will improve the transparency that mayors and local authorities would be bringing to the table.

CIL is meant to improve infrastructure and make sure that housing is delivered. We have seen across the country places where existing mayors are not necessarily delivering on their housing commitment, particularly in London. We argue that this amendment would bring transparency because a mayor has to account for how they are using CIL and the effect that that would have on housing development in a city region that they control. We think that is a perfectly reasonable amendment.

For that reason, we will press amendment 289 to a vote, and if the hon. Lady the Member for Mid Dorset and North Poole chooses to press new clause 1 to a vote, we will certainly support that today.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I will start by addressing some of the questions that were raised, and then move to amendment 289 and new clause 1. There is a key question of how to ensure that the mayoral strategic CIL does not undercut local CILs. The mayor will have to have regard to local CILs that are already being issued, to ensure that there is a balance. The CIL proposal will need to be done in the context of viability assessments, so the mayor will need to think about what is happening at the parish, town and local authority levels in terms of CIL before a strategic CIL is put in place. It is also worth noting that the charging schedule will be subject to statutory consultation. Again, that is another provision to ensure that the right balance is being struck.

The hon. Member for Mid Dorset and North Poole asked what the CIL will be used for. That will be set out in regulations, but we are clear, up front, that it will be for vital infrastructure that can unlock growth and economic development. Therefore, there will be broader permissiveness within that, but we will set that out in further regulations.

On amendment 289, while I fully support the need for transparency in the use of developer contributions to ensure accountability, the amendment is unnecessary because it duplicates existing regulatory requirements. All contribution-receiving authorities are already required to publish an infrastructure funding statement each year. This annual statement must include details on the amount of CIL collected and spent, and information on infrastructure projects funded, or intended to be funded, by CIL.

The CIL regulations are already very prescriptive about what must be included within an infrastructure funding statement. Introducing further reporting obligations is not necessary and potentially risks confusing things and increasing the administrative burdens on strategic authorities.

Finally, we have an additional safeguarding provision: the Planning Act 2008 provides a power for the Secretary of State to make regulations to amend existing reporting requirements, or create new requirements, if it is determined that existing arrangements are not necessary. We think that we already have sufficient provisions within existing legislation, which means that amendment 289 is not required.

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Paul Holmes Portrait Paul Holmes
- Hansard - -

I apologise for what I hope the Minister does not think is a discourtesy—it is due to my rustiness on Bill Committee procedure; I last served on the Planning and Infrastructure Bill Committee—but I wish to speak briefly to new clause 28, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner.

New clause 28 is designed to do exactly what I argue the Liberal Democrat spokesperson, the hon. Member for Mid Dorset and North Poole, wishes to achieve. In her response to new clause 1, the Minister outlined that the Planning Act 2008 gives guidance on the two charging and reporting mechanisms, and if there is a problem with the amount of CIL that has been charged, it gives applicants the right to try to rectify that through an appeal. That is clearly not working; otherwise we would not be talking about the situations that many constituents have faced over the past years, including the cases that the hon. Lady mentioned and the one that I mentioned in which £70,000 is being charged to someone and they are now, I think, a couple of years down the road and cannot get rectification.

New clause 28 is very simply worded and makes it absolutely clear that

“the Secretary of State may not charge CIL on householders’ property extensions that are for their own use.”

I believe that last week in oral questions, the Secretary of State outlined clearly that he thinks there is a problem here, and that the system is currently not working, particularly for people who are doing property extensions for their own use. The new clause clearly aims to mitigate that problem.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

Will the hon. Member comment on the fact that, according to the CIL Injustice Group, £1.65 million has been incorrectly charged. The Minister for Housing and Planning said:

“It is very clear to us that the CIL regulations in question are not intended to operate in this way. We are giving very serious consideration to amending them to ensure that no one else is affected in this manner.”

Will the hon. Member join me in asking why the Minister would not take the opportunity to put that provision in the Bill, when it has a clause specifically about community infrastructure levy?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I cannot comment on the motivations of the Minister, who I believe is an hon. Lady of utmost integrity, but I suspect that the Government want to amend the Bill on their own terms. The hon. Member for Mid Dorset and North Poole and I both speak for Opposition parties, but we would not make hay if the Minister chose to accept these new clauses. The Government have a position, stated on the Floor of the House of Commons, that CIL is not working for people who tried to follow the rules but are being persecuted and in many cases prosecuted by local authorities, through the wrong charging mechanisms being applied. The Minister outlined the mitigation and the appeal infrastructure that people can currently use, but they are not working either. New clause 1—an admirable new clause—and new clause 28 would make it very clear that people in that situation cannot be charged the CIL.

The Minister is in charge. She has the power to accept the new clauses and improve the legislation to change the lives of people who face injustice every day in the current system. I absolutely accept that the last Government did not do it, but she has a simple choice today: accept these new clauses, change the situation, and make sure that people do not have to go through what these people have been going through. I encourage her to accept these new clauses in the spirit of co-operation and tripartisanship—[Interruption.] Quadripartisanship! We would genuinely support her in doing that.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

First, I thank hon. Members for tabling these amendments and for raising the issue. I assure the Committee that we know there is a problem here. We are alive to the cases that have arisen, which demonstrate that the CIL, as it should apply, is not working in practice. Although exemptions exist, they are not being applied in the way that they ought to be.

We are giving careful consideration to this matter as part of our commitment to develop a far clearer and more effective contribution system. As I said, I completely appreciate that the intention behind the amendments is to protect a segment of the market that we want to protect; it ought to exempted. I can clearly confirm that we are looking seriously at this matter and we will revert to it at a later stage, so I ask hon. Members not to press their amendments to allow the Government time to consider it properly.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Clause 34 introduces schedule 15, which contains provisions to enable strategic authorities outside London to undertake their housing and strategic planning competences. These standardise the extension of powers relating to the acquisition and use of land currently held by Homes England and local authorities to strategic authorities outside London.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister has outlined the clause and set out the responsibilities and changes she wants to make in a very reasonable manner. This seems a perfectly sensible solution; it encourages more transparency and accountability in some of the actions that Homes England undertakes. People in my constituency feel that some of the money allocated to development through the current channels of scrutiny and planning is not necessarily in lockstep with what they want for their local areas. As I have said throughout, a devolution Bill should mean true devolution, so I think these responsibilities coming under the remit of the new authorities is a good thing. I welcome this addition to the legislation.

Question put and agreed to.

Clause 34 accordingly ordered to stand part of the Bill.

Schedule 15

Acquisition and development of land

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I beg to move amendment 109, in schedule 15, page 173, line 7, leave out paragraph (a) and insert—

“(a) in subsection (1), after ‘HCA’ insert ‘or a strategic authority outside London’;

(aa) in subsection (2), after ‘HCA’ insert ‘or a strategic authority outside London’;”

This would alter the amendment of section 9(2) so that the function there would not be conferred on the GLA (only on strategic authorities outside London).

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Finally, amendment 170 is a straightforward technical amendment to correct a reference in the Bill to the Housing Act 1985. The change ensures that it is clear that both duties in relation to buildings suitable for housing apply to combined authorities, combined county authorities and two-tier county councils.
Paul Holmes Portrait Paul Holmes
- Hansard - -

We know that these powers are used by existing authorities, so we are not going to rock the boat on this one, but I will briefly respond to the Minister. She stated that housing is, quite rightly, the Government’s top priority, and that these provisions enables that priority to be delivered, but where these powers already exist we see mayors not delivering on housing commitments. I think of London, where the mayor who has these powers is not delivering houses; in fact, building in London is at an all-time low, and houses are not being delivered for the people who genuinely need them in our capital city.

Mike Reader Portrait Mike Reader (Northampton South) (Lab)
- Hansard - - - Excerpts

A big reason we have a problem with housing numbers is the Building Safety Regulator. There will be a Back-Bench debate on it on Thursday, which I am sure the Minister will attend in order to give the Opposition’s views. It is critical that we get that sorted to get house building going.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I thank the hon. Gentleman for promoting me to Minister; I cannot wait for that to happen one day. I suspect that I will have more grey hair, and less hair. He is correct, and I am on the record as having spoken about this: the Building Safety Regulator is a barrier to building. I know that this is slightly out of scope, but I have offered to work with Ministers on a genuine cross-party basis to try to remove some of the burdens on the Building Safety Regulator, which I think has purview over too much that is not material to the delivery of housing.

I agree with the hon. Gentleman, but in terms of the current powers, the mayor is not delivering, and the Government are not delivering on their promise of 1.5 million homes. The Secretary of State yesterday said that his job would be on the line if he did not deliver the 1.5 million homes. I suspect that we will see a sacking in the not-too-distant future, because everybody in this country who is an expert in housing—there was a documentary on it just this week—says that the Government will not achieve their stated aim of building that number of homes.

The clause in itself is not a panacea that will unlock huge housing growth in our cities. The Minister should be careful not to overpromise and underdeliver, as her mayors consistently do across the country. However, we know that this is a unification and simplification of the system. We will not divide the Committee on the clause. This is a perfectly sensible solution, but let us not pretend that it is a sledgehammer that will crack a nut, and cause the Government to achieve their aims across the country.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

It would be remiss of me not to address some of the issues in London. We recognise that we have a housing challenge in London and across the country. I suggest that the hon. Member show a little more humility, because the consequences are the legacy of the Conservative party. He did not mention that the Conservatives in government slashed housing targets across the country, which throttled development; or that they crashed the economy and caused mortgages to rise, which had an impact on demand. He did not mention their record on inflation, which increased construction costs.

Anyone who knows housing knows that there is a lag, so the impacts of the Conservative party’s failure—[Interruption.] The hon. Member solicited this by attacking our brilliant mayor. The Conservatives’ failures are feeding through, and we are now trying to accelerate progress. That is why record investment of £39 billion is going into social housing, and it is why we are seeing housing targets across the country. We are doing our part to get the country building again. Ultimately, we will be the ones to solve the housing crisis.

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Paul Holmes Portrait Paul Holmes
- Hansard - -

We really should not accept this party political broadcast. One million homes were built over the lifetime of the previous Parliament. Can the Minister explain to the Committee why housing delivery is at an all-time low? Why is it that experts in the housing sector, including the Home Builders Federation, say that the 1.5 million homes that the Government have promised simply cannot be delivered, and the Chancellor’s own figures show that only 1.1 million homes will be delivered? That is a failure on the promise that she made, is it not?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

If we look at a graph, we see that housing starts plummeted in 2023. I do not know whether the hon. Member wants to remind the Committee who was in power at that time—it was the Conservative party. We are trying to accelerate housing development, and we have a 1.5 million target that we are committed to delivering. That is not to underestimate the incredible difficulty, but we believe that homes are a requirement and a necessity. We have a homelessness crisis and a temporary accommodation crisis, so we have to get to grips with this. That is why we are doing the job of accelerating housing development. The amendments, and giving strategic authorities the powers that will enable them to play a role, are critical to that endeavour.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The clause grants mayors of strategic authorities outside London the power to create mayoral development corporations. They are another tool for mayors to enable regional regeneration and economic development. Stripping away these provisions would limit regional ambition. The clause gives effect to schedule 17, allowing mayoral development corporations to spearhead land acquisition, planning and infrastructure projects. This will help to foster jobs, unlock growth, drive infrastructure development and attract investment into our regions.

Question put and agreed to.

Clause 36 accordingly ordered to stand part of the Bill.

Schedule 17

Mayoral development corporations

Paul Holmes Portrait Paul Holmes
- Hansard - -

I beg to move amendment 290, in schedule 17, page 193, line 2, 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.’”

I rise to speak to the amendment, which is in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner. Although we welcome mayoral development corporations, since this Government came to office an environment has been created, if Members will forgive the pun, where it is easier to build in rural areas but harder to develop our urban centres. As we mentioned in a debate last week, the Government’s planning and building conditions are making it harder to densify urban centres. We have discussed the housing targets in rural and urban areas, and now mayoral development corporations are being created. That is perfectly acceptable, but we do not think it protects the green belt across this great green and pleasant land, and it will essentially allow mayors to build on greenfield land without the necessary checks and balances.

The amendment is simple. We tabled it because we want to make it much easier to build in areas of existing development where there is scope for densification, and we want to protect green belt and greenfield land by restricting building on it where many people to whom the mayor is accountable simply do not want that to happen. The amendment would not rule out such development completely, but it would make the MDC more streamlined and disciplined about unlocking areas where infrastructure exists and it is easier to build, rather than using green fields, where we believe development is more difficult and takes longer.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I understand the intent behind the amendment. Mayoral development corporations are already subject to the national planning policy framework, which reflects the brownfield-first approach that the hon. Member has talked about, encourages densification where it makes sense and includes strong protections for greenfield land. We think the provisions already exist, because any mayoral development corporation must have regard to the national planning policy framework.

We believe it is important to give mayoral development corporations flexibility, however, because there will be instances, in the case of urban extensions or new towns, when the decision needs to be made to build on greenfield land. We think that the amendment would disproportionately restrict mayoral development corporations and place on them additional restrictions that do not apply to other bodies. Ultimately, it would reduce mayoral development corporations’ flexibility, slow down delivery and add unnecessary constraints on decision making. For that reason, we do not support it, and I ask the hon. Member to withdraw it.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I understand where the Minister is coming from, and I am inclined not to press the amendment to a Division but to treat it as probing. She is aware that I have long advocated for, and pushed her and the Government on, the incentivisation of densification. In our debate on amendment 304 last week, I think she reasonably accepted that a densification strategy was needed. She has come back to the NPPF today, but that is simply not working. We tabled amendment 304 and this amendment to solidify the position. We think that that is a perfectly reasonable approach to the guidance and regulations.

I hope for some reassurance from the Minister that she and the Government will look at further action regarding that incentivisation. If I get that reassurance, I will withdraw the amendment.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I am happy to provide reassurance in writing.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Strategic authorities, as we have said consistently in discussing the Bill, are a key driving force for local growth. To lead growth for its area, the authority must understand its local economy. That is why this clause will provide combined or combined county authorities with a duty to assess the economic conditions of their areas.

Local councils will continue to play a critical role in formulating the strategic authority’s understanding of the local economy. Combined and combined county authorities will be required to consult and work with the councils in their area when building their assessment of economic conditions. This requirement will ensure that the economic strategy for an area combines a strategic, regional assessment of opportunities with a ground-up understanding of local economies. The duty has been long held by strategic authorities without issue and empowers them to develop a holistic understanding of their local economies.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Briefly, could the Minister elaborate on some of the consultation mechanisms that the strategic authority would use with the authorities that currently have the power? We completely understand why she has introduced this, but throughout proceedings in Committee, we and the other Opposition parties have expressed concern about the erosion of existing authorities’ responsibilities with the centralisation that is going on. Will the Minister elaborate on how much weight the new authority will give local authorities’ considerations?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

We are very clear that although we want a strategic assessment of the economic opportunities and risk in an area, and a local growth plan that crosses that area, it must be informed by constituent authorities. The way it is working in practice—we hope the legislation enables this—is that constituent authorities bring into the conversation their understanding, insights, analysis and key priorities for the area, and a collective decision is made. Ultimately, I come back to the point I have made consistently: the mayor’s capacity to be effective and deliver is only as strong as their relations and collaboration with constituent authorities.

Question put and agreed to.

Clause 37 accordingly ordered to stand part of the Bill.

Schedule 18 agreed to.

Clause 38

Local growth plans

Question proposed, That the clause stand part of the Bill.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

That is a good question. Where there are opportunities to develop new industries and new jobs and create new economic activity, my new schedule enables local communities such as those in Cornwall to set inclusive economy indicators. In the examples given, that might mean that those new industries are owned and managed by the local people and the local community, rather than through outside investment from extractive industries that will take the profits elsewhere. Those are things for the local community to decide under the new schedule.

I will just finish the quote from the report by the New Economics Foundation and its allies:

“At a time of eroding trust in politics, this is a major problem for combined authorities elected to make the economy work better for people .”

My new clause and new schedule will help authorities to become more purposeful about developing their own unique economies and economic opportunities in a way that truly builds a better economy that serves local people, and not just more production and profits that can be extracted away from them without improving everyday lives. It will bring more people more inclusively into the local economies that we want to develop.

I will not press my proposals to a vote today, but I hope that the Minister has listened and will recognise that the current Government proposals could create the wrong incentives and the wrong measures of progress, and might risk producing the wrong outcomes for the people who live in the areas that will be governed by these economic plans. I also hope that she will make improvements similar to my proposals before the next stage of this Bill.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will speak briefly not only to clause 38 but to new clause 9 and new schedule 1. Although the hon. Member for Brighton Pavilion has indicated that she does not wish to push these measures to a vote, it is important that we address her well-intentioned amendments. I absolutely agree with her about the economic situation that this country currently faces, caused by the Labour Government. However, we have a fundamental disagreement about the solution that she outlines.

That is because the Government are doing the right thing here in making sure that local growth plans are adequate and can do what they say on the tin: deliver economic growth for the people the mayor serves and the people we serve. I would argue that, if the economic situations are right, as set down in the powers that the Government are outlining, inclusivity is absolutely enshrined within those powers. If we have growth, twinned with the protections currently within legislation in this country, such as environmental protection, corporate social responsibility and some of the equality legislation that we have, inclusivity will be delivered by the new businesses created by the people being empowered to set them up, and those businesses will be able to grow because of some of the measures that the Government are introducing.

The hon. Lady mentioned consultation and inclusivity in terms of people being able to shape their futures. I believe that that is a debate that we had last week when we were considering her amendment on citizens’ assemblies—she knows my oft-stated view on those. I will not tell the Committee that view again, because my blood pressure might rise slightly if I did. Once again, however, I will argue that the point at which there is inclusivity and advocacy from people is at an election, and that the mayor will be judged at an election on whether they have been able to deliver economic growth and whether they have fundamentally made life better for their constituents over the time that they have been in office.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Is the hon. Member really saying that that he is against asking the people of a local area what would constitute a good economy for them and making that the focus of the mayor’s economic indicators? Also, if all of these proposals are going to be put into manifestos at election time, how long does he envision the manifestos for these mayoral elections being?

Paul Holmes Portrait Paul Holmes
- Hansard - -

The way that people want their economy to go is to have growth, and for them to be able to pay their bills, feed their families and have good jobs. I say to the hon. Lady that any mayor who does not put those things in their manifesto is not worth electing. An election is the point at which the mayor should be held accountable. Any mayor who says that they would not want to make their local economic situation better and improve the lives of their citizens should not be elected. The current legislation that we have enables people perfectly reasonable input into the journey that a mayor might take over their mayoral term.

I believe that over the course of the last few Governments, the House of Commons has made great strides in protecting the environment and in making sure that mayors and public authorities, as well as private businesses, are responsible in how they treat their people, but also grow with the environmental and other protections that are necessary. While I understand the hon. Lady’s argument and I genuinely have a great deal of respect for her, the unintended consequences of the new clause and the new schedule will be to restrict growth, and to restrict the power of the mayor to have a responsible attitude to enabling growth on an even basis within the system that we currently have.

The hon. Lady’s proposals would be restrictive, but they would also take us back. A mayor should be unrestricted in their ability to deliver the growth and prosperity for the people they serve. I do not believe that the new clause and new schedule would do that. I know that the hon. Member for Brighton Pavilion is not pushing those to a vote, but if she did, we would not be able to support it, and we would vote against it.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Member for Brighton Pavilion for tabling the new clause and new schedule. Let me put on record that I completely agree with the goals of an inclusive economy; they are right, and we have a lot of sympathy for that. This Government are clear that we have to get the economy to work better for people, and I am obliged to remind everyone that over the last 14 years that was not the case.

Ultimately, mayors must have a democratic mandate, and the mark of success will be not just economic growth, but the economy impacting on people’s living standards, jobs and wages—bread and butter, tangible things. We think that the aims that the hon. Lady is trying to achieve are already locked into the Bill. If we achieve growth only on a graph and people do not feel it, our residents, voters and electorate will ensure that we pay the price. Therefore, that democratic lock is already baked into the Bill.

It is also worth saying that local growth plans, as set out in the Bill and as conceived, are a manifesto commitment for this Government, and the existing, established regional mayors have already developed their plans, with many starting to publish them already. By focusing on challenges around housing, transport, skills, employment and innovation, those plans will set the framework for unlocking the growth potential of those areas. As I said, growth only matters if it has a tangible impact on people. The strategic authorities that we are working with absolutely understand that and are trying to drive through measures that will deliver it.

We have already agreed growth priorities with 12 mayors. Those priorities are underpinned by a robust evidence base and a shared understanding of the biggest cross-cutting challenges and opportunities for economic development in those areas. Inclusivity, people and the impact on communities are absolutely central to that. The Government want to see more jobs, more money in people’s pockets, higher wages and investment that touches each and every one of our communities. One of the things we think mayors can do, when we devolve, is to ensure that they rewire their local economics in a way that gives people a greater stake.

Through co-operative ways of organising things, as in Liverpool city region and Greater Manchester, we are seeing new models that put people and communities front and centre to ensure that the growth and development that happens fundamentally benefits people. I believe that we have already baked in the intent behind the hon. Lady’s new clause and new schedule within the very design of this policy, but, more importantly, the power of democracy will drive and unlock it: if mayors and this Government do not deliver for people in our communities, we have the ballot box by which people can show their discontent. I think the hon. Lady has already said that she is not pressing the new clause and new schedule to a vote.

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It is interesting that the shadow Minister, the hon. Member for Hamble Valley, referred to previous Governments making great strides in environmental protection. It is hugely important that that is actually baked in here. Without a specific reference to both the land use framework and the requirement for the growth plans to comply with local nature recovery strategies, there is a real risk that we will end up losing the very things that make these places special.
Paul Holmes Portrait Paul Holmes
- Hansard - -

The hon. Lady and I are veterans of the Planning and Infrastructure Bill Committee. She is absolutely right to outline some of the comments made in that Committee, because that Bill has fundamental consequences for this legislation. Does the hon. Lady share my concerns that not only is nature not included within local growth plans, but the consequences of the Planning and Infrastructure Bill will mean that nature will not feature at all in some of the planning decisions made in the development of those local growth plans?

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

The shadow Minister is exactly right; that is why so many people are so worried about the Planning and Infrastructure Bill. My inbox has been filled with people asking how they can block it, because of the damage it will do to so much of our nature.

The piece missing from this measure is that economic growth in rural areas is fundamentally entwined with nature recovery. In my area in Dorset, Purbeck Heaths is a new national nature park, and nature tourism is actually one of our growth industries. We have incredible charitable businesses, such as Birds of Poole Harbour, that have brought back species to Dorset—species that have been missing for generations and are now thriving—and we now have a whole industry growing around that. The National Trust is also buying land that is no longer commercially viable and restoring it for rewilding, ensuring that it is there for generations to come. Failing to think about that as part of the local economic strategy is a missed opportunity, and it risks subverting development that is already there.

Economic development is not independent of our lives. People move to places because they have nature around them. Those places may have great shops, town centres and theatres, but people will also move there because of the great quality of life. A lot of people will say that being in nature is a part of making their lives better and happier. If times are tough and people do not have a lot of money in their pocket, being close to nature is something that they can still enjoy and that restores their mental health. We underestimate the power of that at our peril.

We have huge areas of countryside where farming is becoming a marginal activity. Rather than being the driver, it is almost becoming something that people are doing because they love it—but they are losing money hand over fist. If we do not bake in that land use framework, which already pre-exists the local growth plan, it will be much easier for farmers to “get rich quick” by moving land out of its existing use and into what the economic development plan sees as the latest, greatest new thing—losing that land forever—rather than complying with a land use framework that explains why it is so important to keep that land in use, and helps to retain the value of that land for farming, or ancient industry, into the future.

I recognise that the Minister has not yet accepted any of our amendments, so I recognise that getting this one through may be a real struggle, but it is so important, particularly given how, as the shadow Minister has already explained, the Planning and Infrastructure Bill has really squeezed out nature. I say to the Minister, “Please put nature back in and recognise that the land use frameworks and nature recovery strategies matter.” In many places they already exist and already have local buy-in, and we would not want to see mayoral authorities ride roughshod over what is already there.

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Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

No, I do not accept that. We are saying that there have to be minimum standards for engagement. In fact, amendment 354, reinforced by amendment 357, would allow the Secretary of State to create guidance on minimum standards for engagement. It would then be up to the mayor, but at least the engagement with our first tier of local government would be meaningful and consistent across all mayoral combined authorities.

Setting minimum standards for engagement would provide a baseline for consultation across all mayoral authorities, but that consultation can be in different formats. Let us not forget that two-tier local authorities with county councils often have lots of parish councils and they already consult them on local plans, for example, so there are ways to do it. It is not that the leader of the county has to meet all 200 parish councils individually.

Paul Holmes Portrait Paul Holmes
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The hon. Lady has made an excellent case, as she has done throughout the Bill Committee, for our excellent town and parish councils, which serve my constituency well. Does she agree that many district councils, in anticipation of being abolished, are already transferring assets—some of which are crucial to local growth and local planning—to parish councils, which are adequately taking them on? If the Bill goes through, however, those parish councils will have no consultation even though they have already taken on some assets that are crucial to the local growth that we are talking about.

Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right. If a district council is to be abolished, parish and town councils are asked to take on assets or sites that could be development sites, so they become stakeholders in the local growth plans. They will be the landowners, so not to engage with the parish and town councils that take on those assets will be damaging in the long term.

Our amendments raise the quality and legitimacy of decisions by reflecting broader community input and inclusivity. They would, again, prevent a top-down approach. Crucially, they would set consistent standards nationwide, so that engagement is not left to the whim of individual authorities or mayors. I will press amendment 353 to a vote, because the changes are about the principle of genuine devolution and about giving real power to local communities, not concentrating it on the mayors. The amendment is essential to make the promise real, so I will press it to a vote.

Paul Holmes Portrait Paul Holmes
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In the brief time that I have, I want to back the hon. Lady’s excellent points. Throughout the Bill Committee so far, town and parish councils, which deliver so much for our constituents and are being asked to do more in the future, have been wilfully neglected. They are vital to the economic growth that the Minister rightly says needs to be delivered in our local areas, but the structures currently being proposed do not include them, as the hon. Lady has outlined and as I outlined in my intervention.

Assets are already being transferred in my constituency. Our country parks are currently looking at being transferred from our district council, Eastleigh borough council—I have many disagreements with it, but it is doing the right thing in this case—to our town and parish councils. In country parks specifically, there are business opportunities for raising revenue, development opportunities, and nature protection opportunities that town and parish councils simply will not be able to intervene on or to consult on with the new mayors.

Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

On country parks and forestry, charities that plant forests are providing apprenticeships because the number of our forest rangers has declined. After hearing about the post-16 education and skills strategy yesterday, it is really important to provide these apprenticeships and jobs in rural areas so that our young people can continue to thrive.

Paul Holmes Portrait Paul Holmes
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Is there a clearer example than that of how this issue could contribute to the local growth plans that we are discussing?

The legislation is being drafted at a time when the operational environment is changing. The Minister needs to accept that, as the hon. Lady outlined, because of the proposals, there has been a major asset transfer to our town and parish councils that means they have become quite fundamental and large-scale landowners. Some of that development opportunity—that opportunity to look strategically at where growth needs to come into our local communities—is, crucially, allocated to some of our town and parish councils, but the legislation completely and wilfully removes them from any consultation exercise with a mayor.

I think that this is a pragmatic Government, and that the legislation was drafted before they realised that the consequences of some of the proposed measures were that district councils, because of the funding situation, had started to move some of those assets. The Minister needs to realise that the operational environment has fundamentally changed because, as I have said, it is crucial that town and parish councils are included in relation to land holdings as well as some of the operational responsibilities that they now have. Otherwise, the proposed local growth plans will not deliver on the key aspiration that has been outlined.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Apart from seeking views, there is a requirement in the amendment to share draft proposals and the evidence base. Does the hon. Member consider that to be an important part of correcting errors in the evidence base and in the assumptions of the draft proposals, which only those councils might have information about?

Paul Holmes Portrait Paul Holmes
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I absolutely agree, because local parish councillors are experts in the areas that they represent—sometimes more so than district councillors or county councillors, because it is a smaller area. I think that the amendments from the hon. Member for Stratford-on-Avon are perfectly acceptable—I hope that the Minister agrees—and that she is trying to rectify an unintended consequence of the legislation. In many areas, it tries to streamline some of those aspirations, but in this area it is cutting its nose off to spite its face. We will support the amendments, and I hope the Minister will also support them and come back to us on how she imagines that she will strengthen her ability to consult town and parish councils.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

First, let me thank the hon. Member for Stratford-on-Avon, who has been a consistent champion and advocate of town and parish councils throughout the Bill Committee. Let me put it on record again that town and parish councils play an important role in their communities. That is a role that we understand, that we appreciate and that we want to support. We have been clear that the—

English Devolution and Community Empowerment Bill (Eighth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Eighth sitting)

Paul Holmes Excerpts
Miatta Fahnbulleh Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
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I was in the middle of thanking the hon. Member for Stratford-on-Avon for being a consistent champion of town and parish councils throughout our proceedings. We also recognise the important role they play in their communities, which is understood and should not be understated.

We have been clear that local growth plans should reflect the diverse needs and views of a range of local and regional stakeholders. Not only is this already possible, but it is actively encouraged. We have set out in the Bill that, when drafting their local growth plans, mayoral combined authorities and mayoral combined county authorities must have regard to guidance published by the Secretary of State. That guidance can already set out who the authority might consult, as well as the information to be included in the plan.

We think that specifying a minimum level of engagement for town and parish councils is disproportionate and over-prescriptive. For too long, central Government have dictated what local areas should do, who they should talk to and how they should do it, and we are calling time on that. This is about empowering mayoral strategic authorities to reach out to the key stakeholders that they know and understand best to drive the changes they want in their place. For that reason, I do not believe this cluster of amendments is necessary.

I ask the hon. Lady to withdraw her amendment.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
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It is a pleasure to see you in the Chair, Dame Siobhain. I would not usually speak at this stage, but as the Minister did not outline why she does not believe that the Government should prescribe who mayors and mayoral development corporations should be talking to, will she say why, in earlier clauses, she prescribed that organisations such as trade unions should sit around the table? Town and parish councils that are delivering services on the ground are now being asked to deliver more services because of some of the provisions she has included in the Bill. Why does she not think it is necessary to issue guidance forcing mayors or MDCs to talk to them when they are delivering?

Sam Carling Portrait Sam Carling (North West Cambridgeshire) (Lab)
- Hansard - - - Excerpts

The hon. Gentleman moved an amendment specifically to rule out trade unions. The Bill does not rule them in, in any way. I am slightly concerned that he might be misleading us—inadvertently.

Paul Holmes Portrait Paul Holmes
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I am not sure whether it is parliamentary to say that I am attempting to mislead the Committee. He corrected himself, so I will not take offence.

None Portrait The Chair
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You are made of strong stuff!

Paul Holmes Portrait Paul Holmes
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I know I am, Dame Siobhain. I cut my teeth against you in Mitcham and Morden in 2015, and I was required to be of strong stuff to try to beat you.

I do not believe that the hon. Member for North West Cambridgeshire is correct. What I am saying is that the Minister and the Government cannot have their cake and eat it. On various things, they are prescribing who mayors should talk to, who should be included in a strategy and who should sit around the table. But when it comes to organisations that are delivering services on the ground, and district councils that are to be abolished are transferring assets down to town and parish councils, the Minister says there is no need to prescribe that mayors need to talk to them. In many cases—including in my constituency and that of the hon. Member for Stratford-on-Avon, who so eloquently spoke to this amendment—these town and parish councils are increasing the number of services they provide, and they are taking on sections of land and businesses that are integral to the development of local growth plans. I say very gently, if the Minister wanted to completely devolve power to mayors, that would be absolutely fine with us, but let us not have a patchwork quilt approach by which she is absolutely prescribing who and to which stakeholders mayors should talk in other areas of the legislation, but she does not feel it necessary to include town and parish councils in this part. That is a shame.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

To clarify, the Bill does not specify any particular organisation that should be consulted. It says that we will set that out in guidance. That guidance will be driven by a whole host of consultation with strategic authorities and their partners around the range of organisations and bodies we think is necessary. The Conservative amendment specifically picked on trade unions and specifically said we should exclude them. That is what we were pushing back against, so we are completely consistent in this.

In this case, again, there will be guidance that will talk about a range of local stakeholders, but we think it is wrong to prescribe on the face of the Bill that there should be a minimum requirement in order to engage with town and parish councils. That is too onerous and is disproportionate. We should allow the mayor and the strategic authority to know their stakeholders and the people with whom they need to have a conversation, to make sure that they have consensus and the support to drive forward their local growth plan.

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Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

That goes back to what my hon. Friend the Member for Mid Dorset and North Poole was saying. We should not rely on the kindness of mayors to care about the whole of their communities; we need to ensure that local growth plans—which is what the amendments are about—include the needs of coastal, rural and isolated communities such as mine, where we do not have buses to take elderly residents to the nearest hospital. It is important that we make provision for local growth plans to consider the needs of rural, coastal and remote communities.

Obviously, rural areas are not homogeneous. We know that they have different industries—for example, agriculture and the visitor economy—and the demographics are different. Lots of people come to my constituency to retire, for example, which tells us about the health provision that we need our area. We want those needs to be reflected in the provisions on local growth plans in the Bill. A one-size-fits-all approach will lead to not only rural deprivation but missed opportunities for our nation as a whole.

In conclusion, the amendments are about equity, opportunity and smart growth. Rural, remote and coastal communities must not be left behind. Ignoring them would be a missed opportunity for the sustainable and inclusive growth that would power the whole region. Amendments 359 and 360 would ensure that all mayoral authorities plan meaningfully and strategically for every part of their area. For that reason, I will push amendment 359 to a vote.

Paul Holmes Portrait Paul Holmes
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I welcome amendment 359, moved by the hon. Member for Stratford-on-Avon. She outlined a number of issues that she faces in her rural constituency—the land of Shakespeare—where many people retire. I also represent a constituency that Shakespeare regularly visited. He stayed with the Earl of Southampton in the village of Titchfield, where his creative juices flowed.

We are going through exactly the same issues, in that both our areas are diverse in their make-up and population. If I take the proposed mayoral authority that is being created for Hampshire and the Solent, that region consists of two large working-class cities on the south coast, which probably look like old industrial northern working-class cities, in what is otherwise quite an affluent area. As well as those cities of Southampton and Portsmouth, we have many affluent and also deprived coastal communities, and the farming communities in Hampshire.

Without undermining the candidates of all political parties who will be standing—I will talk about Hampshire in this case, because it adequately illustrates the problems of the current legislation—it is perfectly reasonable to assume that because the future mayor of Hampshire and the Solent, like many others, is being asked to represent 2.2 million people, those diverse areas and what the mayor needs to look at in the growth plan need to be codified.

Sean Woodcock Portrait Sean Woodcock (Banbury) (Lab)
- Hansard - - - Excerpts

It is great to see the coalition back in action. To use the hon. Member’s phrase, does he not agree that any mayor worth their salt would naturally have consideration for remote coastal and rural areas in those growth plans, considering that those are the people they are meant to represent? If they do not, they will find out at the ballot box what people in those areas think about it.

Paul Holmes Portrait Paul Holmes
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I have the scars on my back from fighting Liberal Democrats in my political career, but pragmatic policies are being proposed to improve the legislation that—let us face it—could very much be improved. That is the point of the Bill Committee. I in particular have many disagreements with the Liberal Democrats, but the amendment of the hon. Member for Stratford-on-Avon could absolutely improve the legislation.

The hon. Member for Banbury said that a mayor worth their salt should be able to do that anyway, but he just spoke against an amendment that would have enabled a mayor to speak to town and parish councils and do their job better. He cannot have it both ways.

Andrew Cooper Portrait Andrew Cooper (Mid Cheshire) (Lab)
- Hansard - - - Excerpts

Where in the legislation does it says that mayors will be prohibited from talking to town and parish councils? The way that the hon. Member phrased that implies that something in the Bill stops them from doing so, but I am not clear where that is.

Paul Holmes Portrait Paul Holmes
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Forgive me, I apologise to the Committee if I misspoke. I meant that the hon. Member for Banbury spoke against an amendment that would have guaranteed that mayors would have to speak to town and parish councils.

To return to amendment 359, the way that mayoral authorities are formulated means that mayors will represent diverse areas. As I said to the Minister, we want them to be able to succeed and we want to make sure that their growth plans actually work. In an earlier debate, I tried to adequately back up the Minister’s aim for mayors to deliver that and to make people in their area more prosperous. Businesses being created and economic growth should absolutely be the top priorities of the Government and the mayors that they are creating, and we fully endorse that message. I would argue, however, that mayors cannot do that if there is not guidance—or at least something in the legislation—that requires them to look at our coastal and rural communities and some of the unique challenges that the mayors will be able to face.

I will use the example of Hampshire and the Solent again. I have a friend who will probably end up being the Labour candidate for Hampshire and the Solent. She would make a very good mayor, but she has a history of representing and leading a council in an urban centre in an industrial city like Southampton—that is her expertise. She did it very well; she took over from the Conservative administration that I was part of. What she cannot do, and what she does not have strong experience in, is represent the coastal communities that go down the Solent and the farming communities outside.

The amendment would require rural and coastal communities and areas to be enshrined in the legislation. I do not think that Government Back Benchers, or the Minister, should be scared of that, because it would codify a solid strategic view for the local mayor to follow. I welcome the amendment, and we will support it if the hon. Member for Stratford-on-Avon presses it to a vote.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I know that Opposition Members—indeed, Members on both sides of the Committee—are all too aware of the unique needs and challenges that rural, remote and coastal communities face. I want to reassure them that local growth plans provide a framework for growth for all parts of their regions. That is exactly why we are requiring local growth plans to set out an economic overview of their whole area. Whether it is urban centres, or rural or farming parts of the entire strategic authority area, a proper assessment needs to be conducted. Yes, there is no requirement to specifically reference rural, remote or coastal areas, but there is equally no requirement to specify urban or suburban areas.

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Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

I thank my hon. Friend for the example from her council. As she said, it is important that the levy is ringfenced for the strategic authority to reinvest in the local area, so that it could provide, for example, additional regional funding streams for arts and culture and for residents themselves. I hope that the Government will at least commit to conducting a review into visitor levies, so that we can safeguard our hugely valuable tourism industry.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will speak to amendment 358, in the name of the hon. Member for Stratford-on-Avon, and to new clause 41. I do not want to reiterate what I said previously, Dame Siobhain—your face indicates that that would not be looked upon advantageously—but I think that the sustained efforts of the hon. Member for Stratford-on-Avon to have the rights and responsibilities of town and parish councils recognised is admirable. I believe that it needs to be repeated to the Minister, and it is now coming from two Opposition parties.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The hon. Member for Cornwall, somewhere—he claims to speak for the whole of Cornwall—keeps saying “coalition”. I have already explained to him my view on pragmatic and sensible amendments to legislation that is flawed in many areas, as indicated by the number of Government amendments. We should not be so proud and tribal that we do not back other parties’ amendments when they make absolute sense.

Perran Moon Portrait Perran Moon
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will give way to the hon. Gentleman. Perhaps he will reform his ways.

Perran Moon Portrait Perran Moon
- Hansard - - - Excerpts

In Cornwall alone, there are 213 town and parish councils. The amendment suggests that all 213 of them must be consulted. The hon. Gentleman does not strike me as somebody who likes layers of bureaucracy, but the bureaucracy involved in consulting 213 different town and parish councils for Cornwall alone seems to me not very sensible.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I am glad that the hon. Gentleman has accepted the premise of the argument that we can back pragmatic amendments to legislation to improve it. I hope that he might look on that in his career, particularly when it comes to recognising the independence of Cornwall and having the mayoralty just for Cornwall that he is striving for.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

A couple of amendments have been tabled on that issue. I think they were supported as a coalition by the Opposition, but not by the hon. Member for Camborne and Redruth.

Paul Holmes Portrait Paul Holmes
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I am not giving way any more, as I would like to make some progress. I am sure Government Back Benchers would like to go home at some point. I am happy to speak all afternoon, but I would like us to make some progress.

The hon. Member for Stratford-on-Avon is absolutely correct. This comes back to a serious point: many town and parish councils across England are already taking on more assets that form an integral part of the stated aims of clause 40. I will give the Committee a brief example. In my constituency, we have Royal Victoria country park, and a proposal is being looked at to abolish the county council and have it go into a strategic authority. However, proposals are actively being considered to transfer Itchen Valley country park, which is managed by Eastleigh borough council, to the local town and parish council. Those country parks have a large number of businesses, conference centres and other things that would directly help a mayor to sell our great region and attract people into it. The circumstances are the same across the country in many regions, which will be left out of consultation.

Sean Woodcock Portrait Sean Woodcock
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Paul Holmes Portrait Paul Holmes
- Hansard - -

No, not at the moment. I know that anything about town and parish councils exercises the hon. Members for Mid Cheshire and for Banbury. They may want to speak shortly, but I will first answer the hon. Member for Camborne and Redruth. I do not think he is an analogue politician in a digital age, but consulting downwards could merely mean that an email is sent to a mailing list. I am sure he has a huge mailing list, given the number of constituents who admire his work. That is one click—it does not mean his constituents have to respond to it, and it would not mean that his councils had to.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

I wonder whether the hon. Member has a situation in Hampshire similar to ours in Dorset, where we have the DAPTC—the Dorset Association of Parish and Town Councils. Nothing in the amendment states that the strategic authority would have to engage with each and every town and parish council; it just says,

“with town and parish councils”.

That could be through their associations and through clusters of town and parish councils, such as the DAPTC.

Paul Holmes Portrait Paul Holmes
- Hansard - -

It could also be stipulated in secondary legislation, if the Government wanted to go ahead with this. A council could literally advertise to town and parish councils that a consultation was going on. There could also be a mailing list where a strategic authority could send an email to the 300 parish councils. Those town and parish councils do not have to respond. That is devolution to town and parish councils, which the Government seemingly want to achieve.

Sean Woodcock Portrait Sean Woodcock
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for finally giving way. He has been very generous, as always, with his time. Does he accept that the danger with inserting the consultations that have been proposed in so many Opposition amendments is that the only growth we will see is in the number of officers in the strategic authorities sending out consultations, and the number of people in parish councils responding to them?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I am sure the hon. Member uses surveys when he communicates with his constituents. When he sends them out, I am sure he is not worried about overburdening his constituents in their lives, whether they want to respond or not. The same principle applies. There are many perfectly good programmes that could be used now to send out a consultation to people who are already programmed into a mailing list. If they want to respond, they can, and if they do not, good on them—that means that they are perfectly happy with what is going on.

I do not understand the constant fear about consulting town and parish councils. That is particularly the case—I say this with all due respect and with realism about the situation out there in the country—given the stated aims of the Government and the situation in local government, where, without a manifesto promise, districts and county councils are being abolished and there is a rush to transfer assets to town and parish councils. They are taking on mainstream responsibilities because of what the Bill will do. Whether we are talking about local growth plans or attracting visitors, many will miss out on having a visitor strategy that is worth the paper it is written on.

We are now discussing several authorities that already have the responsibilities. This legislation was drafted at a point from which we have moved on, and it puts unintended consequences before local authorities. I ask the Minister, in the spirit of constructive debate, to go away and properly look at how town and parish councils can be consulted. They are doing a lot more than the Minister or the Government Back Benchers who have spoken this afternoon realise.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank hon. Members for that lengthy and robust debate. I will start with clause 40, and then I will pick up on the amendments. I remind the Committee that the purpose of clause 40 is to promote tourism and cultural activities, which we think are critical to boosting regional economies. These provisions enable authorities to encourage visitors and provide facilities such as conference centres, driving job creation and investment. Authorities can add value by forging a regional brand, and by attracting business and visitors, they can make the most of their multifaceted areas and the strengths of each local authority area. That is key to creating thriving hubs for visitors and residents.

Amendment 358 and new clause 41 touch on something that has been a constant theme throughout the debate. I understand the aims behind the provisions, and I understand opposition parties’ desire to have regard to town and parish councils. I come back to the fact that we have agreed that town and parish councils have an important role. They are important local partners, and we expect authorities to work with them where appropriate.

However, we do not believe that it is proportionate or right to put that in the Bill as a legal requirement. We trust authorities to decide how best to engage with their local partners, including town and parish councils, based on what is right and appropriate for their areas. Requiring formal consultation and reporting could, as my hon. Friends the Members for Banbury and for Camborne and Redruth have so eloquently said, create unnecessary administrative pressure, burden and resources at a time when we want these strategic authorities to be focused on delivery. Of course we want to encourage collaboration, but not to prescribe it. Engagement should be flexible. It should not be dictated by central Government or indeed this Committee; it should be left to mayors and strategic authorities who know their patch and their partners best.

I recognise the type of levy that new clause 41 would introduce, and I recognise that it is supported by local authorities and mayors. The Government keep all tax policy under review, and any changes to tax policy will be announced at a fiscal event in the normal way. I do not believe that the Chancellor would be very pleased with me if I were to make tax policy now in this great Committee.

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None Portrait The Chair
- Hansard -

That point is now on the record.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Further to that point of order, Dame Siobhain. I do not mean to detain the Committee, but I like to think I am a man of integrity. On the point of order by the hon. Member for Camborne and Redruth, it was not actually the hon. Member for Mid Dorset and North Poole who said that; it was me, and I apologise.

None Portrait The Chair
- Hansard -

I am sure the Committee would like to thank you for being so candid.

Clause 41

Co-operation with local government pension scheme managers

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

These functions are essential to the effective operation of strategic authorities. We are now standardising these functions across all existing and future authorities. These powers are core functions that any local government body needs. Standardising them across strategic authorities will create consistent foundations for them to build on and thrive from. Without these functions, we risk significantly debilitating new institutions before they have a chance.

Paul Holmes Portrait Paul Holmes
- Hansard - -

To bring some agreement to the Committee, the Opposition absolutely understand, as we did earlier about standardisation, such recommendations to give powers to CAs and CCAs. We are perfectly in agreement with that and we thank the Minister for bringing the issue to the Committee.

Question put and agreed to.

Clause 42 accordingly ordered to stand part of the Bill.

Schedule 20

Miscellaneous local authority functions

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I beg to move amendment 197, in schedule 20, page 205, line 6, leave out—

“, a combined authority and a combined county authority”.

This removes the reference to combined authorities and combined county authorities inserted into section 113(5) of the Local Government Act 1972 as these bodies are already included in the definition of “local authority” under section 146A(1) of that Act.

This is a minor and technical amendment to prevent duplication in legislation.

Amendment 197 agreed to.

Schedule 20, as amended, agreed to.

Clause 43

Health improvement and health inequalities duty

--- Later in debate ---
Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I apologise, Dame Siobhain, for my temporary absence at the crucial moment. I would very much like the Committee to listen to my proposals for amendments 262 and 263. [Interruption.] Apologies, Chair—is there an issue?

Paul Holmes Portrait Paul Holmes
- Hansard - -

We were going to have a break, but then we did not when you came in, so it is fine.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I will be as quick as I can—it is a very short speech.

Although the health improvement and health inequalities duty is very good, the determinants of health outlined in clause 43 are limited and lacking in consideration for the impacts on health from a wide range of activities that these new authorities will be able to influence. My amendments aim to fix that. It is positive that the Opposition parties all immediately spotted the need for improvement to this clause, and that both Liberal Democrat colleagues and I have aimed to fix it, albeit in different ways.

Amendments 262 and 263 would replace references to “prosperity” with “poverty and socio-economic inequality” in the clause. They would make clearer what causes and exacerbates ill health. I do not believe that “prosperity” on its own is sufficient. I will not repeat all my earlier arguments, but there is much supporting evidence for this from a range of organisations, including the Centre for Local Economic Strategies, the Reclaiming our Regional Economies programme, and the all-party parliamentary group on poverty and inequality, which I co-chair. This is just one of the ways that the Bill can make improvements, by focusing on reducing inequality and not simply creating growth within these new strategic authorities. I hope that the Government will accept my changes.

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Paul Holmes Portrait Paul Holmes
- Hansard - -

We cannot expect the Government to get it right all the time with minor things, and these seem like sensible changes to smooth the legislation. We therefore have no problem with this group of amendments.

Amendment 198 agreed to.

Amendments made: 199, in clause 44, page 46, line 36, leave out—

“mayoral combined authority or mayoral CCA”

and insert “combined authority”.

This would correct an inconsistency.

Amendment 202, in clause 44, page 47, line 8, leave out from “there” to the end of line 11 and insert—

“is a separate component in respect of the mayor’s PCC functions,”.

This amendment is consequential on Amendment 77.

Amendment 200, in clause 44, page 47, line 34, leave out “mayoral”.

This would correct an inconsistency.

Amendment 201, in clause 44, page 48, line 8, leave out “mayoral”.

This would correct an inconsistency.

Amendment 203, in clause 44, page 48, line 19, leave out from “there” to the end of line 22 and insert—

“is a separate component in respect of the mayor’s PCC functions,”.

This amendment is consequential on Amendment 80.

Amendment 204, in clause 44, page 48, line 36, leave out paragraphs (a) to (c) and insert—

“(a) paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),

(b) paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and

(c) paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),”.—(Miatta Fahnbulleh.)

This would remove the unnecessary word “after” from paragraphs (a) to (c), insert references to the relevant Schedules to the Orders, and correct the citation of the South Yorkshire Order.

Question proposed, That the clause, as amended, stand part of the Bill.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The clause sets out the criteria for transfer by default of police and crime commissioner functions to the mayor of a strategic authority, where the mayoralty matches the geography of the police force area and a transfer date has been set. Making mayors responsible for policing governance offers a more joined-up approach to preventing crime and driving local economic improvements. It will enhance mayors’ broader ability to bring about local change by bringing together responsibility for policing and crime with mayors’ wider remit for economic development, skills and infrastructure. This delivers the ambition set out in the English devolution White Paper.

Mayors who have police and crime commissioner functions will be required to appoint a deputy mayor for policing and crime. That will ensure that the mayor has sufficient capacity to discharge their functions, while ensuring there is dedicated oversight of policing on a day-to-day basis. The clause provides for a mayor to exercise police and crime commissioner functions for either a single police force, or more than one force when the boundaries of those forces align with the mayoral area when taken together.

Paul Holmes Portrait Paul Holmes
- Hansard - -

We welcome this section of the legislation. I congratulate the Minister, the Government and officials on ensuring in legislation a smooth process for transfer of responsibilities, and on including a target date. The people served by the mayors—that is, our constituents—will want to understand very simply what new powers and responsibilities are being handed to the mayor. This is a sensible solution.

We also welcome the creation of the deputy mayor for police and crime. Given the responsibilities outlined in other sections of the Bill, the mayor will quite rightly have many and multifaceted responsibilities. It is therefore perfectly reasonable to provide in statute for a deputy mayor specifically to cover the police and crime powers of the mayoralty. That will ensure that policing and crime is looked at as a top priority for the residents they serve. We welcome this sensible section of the legislation, and will not seek to oppose it.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

The Lib Dems have long wanted to see the end of police and crime commissioners, and we know that that has also been Labour policy for at least 12 years. [Interruption.] Do I hear a “Hear, hear!” from the Government Benches? I believe we are in violent agreement on that, which is great. Where we differ is in the how. I spent a lot of time as a councillor trying to get through the police and crime commissioners, who really take no accountability for what goes on. If I ask the police and crime commissioner about a particular incident, the answer always comes back, “That’s an operational matter. That is not for me.” It is always the local councillors who end up dealing with issues, and they are always the ones held accountable by the residents.

Where we disagree is that we do not believe that a police and crime commissioner should be an appointment of the mayor. We think that they should be held accountable to boards of councillors within councils, as was formerly the policy of the Labour party. Quite straightforwardly, the amendment would remove the provision allowing the mayor to appoint a person to manage policing and crime. We do not actually believe that this should be a mayoral appointment; it should be down to the elected persons of the area.

Question put and agreed to.

Clause 44, as amended, accordingly ordered to stand part of the Bill.

Clause 45

PCCs and police areas

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---
I talked about amendment 26 by mistake, but no doubt the Liberal Democrats will discuss it, and I will respond to their comments.
Paul Holmes Portrait Paul Holmes
- Hansard - -

As with the previous clause, we see that clause 45 is a perfectly sensible provision. The Minister has done an admirable job on what I know has been a long day, particularly after the late night yesterday. She is explaining the legislation in an excellent way.

I wish to touch on amendment 26, tabled by the hon. Member for Mid Dorset and North Poole. In order to dispel the myth, for the hon. Members for Banbury and for Camborne and Redruth, that there is a coalition going on, this is where unfortunately the coalition comes to an end. Amendment 26 is not pragmatic or sensible. It would essentially remove the mayor’s power to appoint a deputy mayor to a day-to-day role for policing. The amendment would be bad for the legislation because, as I outlined in relation to the previous clause—and as we on the Conservative Benches agree—the mayoralty is a multifaceted role, and a role that is accountable to the public. In many previous sittings of the Committee, we have outlined that there has to be that democratic accountability. That is given in this legislation by a mayor appointing a deputy mayor for policing who is accountable to the public, but also accountable to the mayor who is accountable to the public.

I understand the Liberal Democrats’ longstanding view that PCCs should not exist. We fundamentally disagree with that. We think PCCs are one of the better solutions of the coalition Government. We believe that policing is a public priority and that the public should have a say in the way in which their police forces are run. I am not sure whether opposition to PCCs is a widely held view within the Liberal Democrats. Indeed, the Liberal Democrat candidate for Hamble Valley, who stood against me, also stood for the PCC election for Hampshire and the Isle of Wight, and put himself forward for election as Mayor of Hampshire and the Solent.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

Will the hon. Member give way?

Paul Holmes Portrait Paul Holmes
- Hansard - -

In one moment. It seems that that Liberal Democrat candidate perfectly endorses the solutions that the Government are putting forward, and actually wanted three jobs at once.

Vikki Slade Portrait Vikki Slade
- Hansard - - - Excerpts

There is a fairly well established position in which those people who wish to see something abolished have to work within the current system. I believe that our dearly beloved Lord Paddy Ashdown desperately wanted to see the abolition of the House of Lords and yet was able to take up a seat. It is quite common for people to go into a role knowing that their job is to try to reform or remove that role.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I would say, in a respectful tone to the hon. Lady, that the thing that the Liberal Democrats are most known for is saying one thing and in their actions doing another, but we will leave that there. Clause 45 is perfectly sensible. We will oppose amendment 26 if it is pushed to a vote. I am pleased to see that the hon. Lady has reverted to the Liberal Democrats’ traditional position of holding many positions at once. We support the clause, and oppose amendment 26.

Andrew Cooper Portrait Andrew Cooper
- Hansard - - - Excerpts

I agree entirely with the principle of mayors holding responsibility for police and crime commissioners where the boundaries of the roles are coterminous, and the idea of appointing a deputy mayor to that role makes absolute sense, as does the power to align boundaries where it makes sense administratively. That all works in principle. My concern is about how this will be applied in Cheshire. Halton local authority is part of the Liverpool city region. That was a decision made when the Liverpool city region was first proposed—at the time the Minister may well have been in the Ministry of Housing, Communities and Local Government as a civil servant—and for Halton, then, it was the only game in town.

The proposed Cheshire and Warrington combined authority will cover the remainder of Cheshire—Cheshire West and Chester, Cheshire East and Warrington—and is not coterminous with Cheshire police, which covers all of Cheshire and includes Halton, as does Cheshire fire and rescue. This measure will therefore allow the Home Secretary to change the police boundaries, and there are significant concerns within Cheshire police that, were this to go ahead, their viability would be at risk, as well as practical concerns about the location of the custody suite.

This power already exists regarding fire and rescue services, but, under the Fire and Rescue Services Act 2004, the Secretary of State is required to consider whether the order is in the interests of public safety before it is made. That test is not included in this Bill. In her summing up, could the Minister provide some reassurance that this power will not be exercised in Cheshire’s case without due consideration of that public safety factor, as well as significant consultation with local stakeholders to make sure that any future alignment is right for Cheshire?

English Devolution and Community Empowerment Bill (Ninth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Ninth sitting)

Paul Holmes Excerpts
None Portrait The Chair
- Hansard -

We are now sitting in public and the proceedings are being broadcast. Before we begin, I remind Members to switch electronic devices to silent. Tea and coffee are not allowed during sittings. Amendment 408, in the name of Alison Bennett, was tabled late last night. As a result, it is not selectable for debate today.

We will continue our line-by-line consideration of the Bill. The selection list for today is available in the room and on the parliamentary website. I remind Members wishing to speak that they should bob to attract my attention. If a Member wishes to push to a Division an amendment that is not the lead amendment or new clause in a group, they must inform me in advance, or I will skip straight past it. My fellow Chairs and I will use our discretion to decide whether to allow a separate stand part debate on individual clauses following the debates on relevant amendments. I hope that explanation is helpful.

Schedule 23

Powers to make regulations in relation to functions of strategic authorities and mayors

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

I beg to move amendment 307, in schedule 23, page 237, line 9, at end insert—

“()ba a single foundation strategic authority.”

This amendment would allow the Secretary of State to make regulations which would allow certain functions of single foundation strategic authority to be exercised only by the mayor of that authority.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss amendment 309, in schedule 23, page 237, line 28, at end insert—

“(4A) Regulations under this paragraph may—

(a) create conditions which must be satisfied prior to the mayor exercising a function,

(b) create a requirement for members of the relevant strategic authority to assist the mayor in exercising a function,

(c) create additional powers for the mayor for the purposes of exercising a function,

(d) authorise the mayor to appoint a person as a political adviser for the purposes of exercising a function,

(e) create requirements for an appointment under subparagraph (4A)(d).

(4B) Powers under subparagraph (4A)(c) may not include a power to borrow money.

(4C) Regulations under this paragraph must have the consent of the relevant authority.”

This amendment would create additional boundaries for regulations which may provide for a function of a strategic authority to be transferred to the authority’s mayor.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Good morning, Dame Siobhain. It is a pleasure to see you in the Chair once again, and to see everybody on the Committee on this very sunny Thursday morning. I know everybody is delighted to be here, and I welcome the Minister too.

The amendment would allow the Secretary of State to make regulations that would allow certain functions of single foundation strategic authorities to be exercised only by the mayor of that authority. Amendment 309 would create additional boundaries for regulations that may provide for a function of a strategic authority to be transferred to the authority’s mayor. In essence, we believe that amendments 307 to 309—we will come to amendment 308 in the next grouping—would address the issue that single foundation strategic authorities such as Cornwall currently cannot access the highest level of devolution, because the Bill only allows for combined or county combined authorities with a mayor to exercise the functions that the Government are putting forward.

Amendment 307 promotes fairness and flexibility by allowing foundation strategic authorities such as Cornwall to benefit from the same level of democratic leadership as combined authorities. That would empower local areas to choose a directly elected mayor if they wish, strengthening accountability and enabling them to access greater devolved powers, which the Minister has outlined as a key priority for the Bill.

Amendment 309 would enable the Secretary of State to transfer functions to a strategic authority’s mayor, and would ensure that devolved powers can be effectively localised and exercised by accountable leadership. The amendment would complement amendments 307 and 308, by giving mayors the tools they need to deliver on local priorities, ensuring that devolution works in practice, not just in principle.

I will move amendment 308 at a later stage, but together, our amendments would effectively let foundation strategic authorities have mayors and the associated powers of delegation and function transfer, putting them on par with mayoral CAs and CCAs, and I encourage the Government to support them.

Miatta Fahnbulleh Portrait The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)
- Hansard - - - Excerpts

It is a pleasure to serve with you in the Chair, Dame Siobhain. Let me take amendment 307 first. To be clear, the single foundation strategic authority will not have a mayor. That is not the intent of the provision or of the Bill and it is not in the Government’s plans. Invariably, however, we want to be sure that at every level we are devolving power. Certain powers will be devolved to single foundation strategic authorities, such as Cornwall, in order to enable it to respond to some of its issues. We are also clear that certain powers will be reserved to mayors, because a level of democratic accountability is critical to the exercise of such powers. That is the distinction that we have made throughout the design of the policy and it is built into the Bill.

Amendment 309 is out of the step with the Bill’s objective of streamlining the process for conferring and modifying the functions of strategic authorities and mayors. The Bill already puts in place sufficient guardrails when functions are transferred to mayors. When making functions exercisable by the mayor, it is already the case that constituent authorities will be consulted before such a change. Requiring the consent of those authorities will create an unnecessary barrier to enabling mayors to take on functions and to get on with the job delivery, which is what we need of them.

Finally, many mayors can already appoint political advisers—another piece of amendment 309—as agreed through the establishment of statutory instruments. The Bill will also allow mayors to appoint commissioners to support them in the exercise of their functions. That is the right balance to be struck to ensure that the mayor has what he or she needs to do the job that their constituents or voters require of them. With that, I ask that the amendment be withdrawn.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I hope that the Minister understands our motivation for tabling the amendment. We are not trying to score a political point, but to strengthen the Bill. I am reassured that the Minister has given us some reassurance that she sees that every kind of authority should be devolved and that the powers should be aligned with those. We may come back to this on Report, but I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I beg to move amendment 308, in schedule 23, page 237, line 30, at end insert—

“Functions moving from mayors to deputy mayors and strategic authority members

5A (1) Regulations may provide for the mayor of a strategic authority to allow any function of the mayor to be exercised by—

(a) the deputy mayor,

(b) a member of the relevant strategic authority,

(c) a committee members of the strategic authority appointed by the mayor.

(2) Regulations may create requirements for the committee in sub-paragraph (1)(c) including—

(a) requirements about the membership of the committee,

(b) requirements about the appointment of a chair of the committee,

(c) requirements about the process by which the mayor may appoint members to the committee,

(d) requirement about the committee’s voting procedures,

(e) requirements about information which must be disclosed by the strategic authority to the committee.”

This amendment would allow the Secretary of State to make regulations to allow a mayor to delegate exercise of a function to a deputy mayor, a member of the relevant strategic authority, or a committee of a members of the relevant strategic authority.

This amendment, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner, is an extension to my earlier amendments 307 and 309, as I said. In essence, it would allow the Secretary of State to make regulations to allow a mayor to delegate the exercise of a function to a deputy mayor, a member of the relevant strategic authority or a committee of members of the relevant strategic authority. Allowing mayors of strategic authorities to delegate functions would ensure consistency with existing mayoral models, making government more effective and responsive. The amendment would provide practical flexibility so that mayors can share responsibilities appropriately and ensure that local decisions are made at the right level.

I expect the Minister to resist the amendment, but I look for some reassurance on whether we can ensure that the Bill brings some standardisation, an efficient transfer of functions and efficient exercise of the functions proposed. I am interested to hear her thoughts, but at this stage we do not intend to press the amendment to a vote, depending on what the Minister comes back with.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Again, I understand the intent behind the amendment. I would say that mayors are already able to delegate the majority of their functions to deputy mayors and to members of constituent authorities. In the evidence session, for example, Councillor Bev Craig from Manchester was responsible for the economic development portfolio in Greater Manchester. Such functions are already in place. In part in recognition of the fact that local councillors, in particular leaders and cabinet members, have busy paid jobs, we want to increase the mayor’s pool of support, which is why we are creating the ability for the mayor to appoint and to delegate functions to the commissioners. That will give the mayors options. We are not specifying how the mayor should do it, and ultimately each mayor will figure out what works for their area and the mix between deputy mayors, commissioners and lead members, but this provision will increase the pool and the options available to them.

Paul Holmes Portrait Paul Holmes
- Hansard - -

We are content with that answer, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the schedule be the Twenty Third schedule to the Bill.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The schedule is introduced by clause 50. I have already spoken about why the clause should stand part of the Bill. As I explained previously, the schedule is essential to providing Government with the powers to add new functions to the framework. That will ensure that strategic authorities and mayors have the powers they need to deliver for their local people, which is what all this is about. I commend the schedule to the Committee.

Question put and agreed to.

Schedule 23 accordingly agreed to.

Clause 51

Health service functions: application of existing limitations on devolution

Question proposed, That the clause stand part of the Bill.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

This Government want to ensure we have a national health service that is fit for the future, and we are doing huge amounts to repair the damage to the national health service done by the Conservative Government. That is a core function of what we are doing. It is therefore right that certain core functions, such as the NHS constitution or university clinical training, remain the responsibility of the Secretary of State for Health and Social Care. This clause retains the existing limits on the devolution of health functions in England. Protections against devolving health functions are not new—they have been in place since the Government began the process of devolving functions to combined authorities—and the Bill maintains them. I commend the clause to the Committee.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I was going to stay quiet, but unfortunately for the Minister I was inspired by her speech, so I hate to disappoint the Government Whip by speaking very briefly. The Minister, quite rightly—it is her job—outlined that she wants to rectify some of the supposed damage done to the national health service over 14 years, but I gently remind her that waiting lists are increasing and that the Secretary of State for Health and Social Care is looking at possible strike action while putting forward a reorganisation that he cannot afford.

I look to the Minister for some reassurance regarding whether wider health policy, such as that reorganisation and some of the local functions of integrated care boards, which we know are changing, may affect the provisions in the clause. Could there be some effect on the ground that may create delay or necessitate some changes to the clause in the longer term?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Obviously, the NHS is going through huge reform. We are working closely with the team in the Department of Health and Social Care to ensure that reforms sit alongside our plans for devolution. A big part of what we are trying to do through our health reforms is to provide community-based healthcare, and there is a big opportunity for local and regional government to work alongside the NHS to deliver integrated services that work for our communities and are user-led. We are making sure that every stage of the reforms, including the changes to the ICBs, is done in lockstep with what we are trying to do across the country.

Question put and agreed to.

Clause 51 accordingly ordered to stand part of the Bill.

Clause 52

Incidental etc provision

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---
Paul Holmes Portrait Paul Holmes
- Hansard - -

I beg to move amendment 299, in clause 53, page 57, line 31, leave out subsection (5).

This amendment removes the provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) to apply to a transfer by virtue of section 53 regardless of whether the transfer is relevant to the regulations.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Government amendment 221.

Clause stand part.

Paul Holmes Portrait Paul Holmes
- Hansard - -

We understand the overarching aims of this clause, and the debate does not necessarily have to revolve around whether or not it should happen, but we tabled this probing amendment because we understand that the legislation is essentially applying TUPE regulations regardless of whether they legally apply. We want to challenge that and probe why, if TUPE regulations need not legally apply in cases of transfer, the Government have insisted that TUPE regulations have to go into this regardless. Can the Minister answer that key question?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

TUPE regulations are there to ensure that staff are not dismissed for the sole reason that functions are being transferred from one public body to another. We believe that they are fundamental to protecting staff, which we want to make sure happens throughout this process.

In line with the Cabinet Office guidance, this clause tries to ensure that the regulations apply when we have public bodies moving to strategic authorities. The amendment, as drafted, risks creating uncertainty for staff and disrupting the smooth transfer of functions.

TUPE regulations are there for a reason—to protect the workers that are fundamental and critical to delivering any public institution. When we are going through the process of creating these strategic authorities, it is important that we embed those TUPE regulations. That is why I ask the hon. Member to withdraw the amendment.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I thank the Minister for her full and direct answer, and I understand it. I take it she accepts that TUPE is being put into this clause regardless of whether there is a legal necessity for it to apply. Has she had any correspondence or lobbying from the trade union movement to make sure that it is included?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

To answer that question directly: no, although it helps that I am a new Minister. The clause is in step with long-standing Government practice. It mirrors provisions that have been made in previous legislation by the previous Conservative Government, including in the Levelling-up and Regeneration Act 2023. It is standard practice and it is done by all parties. It is there because we need to protect staff.

--- Later in debate ---
Paul Holmes Portrait Paul Holmes
- Hansard - -

I feel very reassured that the Government are following the excellent judgment of the last Conservative Government. On that note, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 221, in clause 53, page 58, line 16, at end insert—

“(8A) Regulations under this section are subject to affirmative resolution procedure.”—(Miatta Fahnbulleh.)

This would make regulations under clause 53 subject to affirmative resolution procedure.

Clause 53, as amended, ordered to stand part of the Bill.

Clause 54

Prohibition of secondary legislation removing functions

Question proposed, That the clause stand part of the Bill.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Strategic authorities will not be able to deliver for their residents if they fear that a future Government could easily remove functions that have been devolved. Parliament is sovereign, and the Government will always be able to table primary legislation to redesign how functions are delivered. However, the Bill makes sure that Governments will have to make that argument in Committee and on Report, as we are doing now. It must not be easy to take devolved powers away from strategic authorities. We want this to be locked in because we fundamentally believe that this is how to deliver for communities across the country. That is why this Bill limits the ability of this or any future Government to remove functions from strategic authorities using secondary legislation, so that they can be exercised again by central Government.

I commend clause 54 to the Committee.

Paul Holmes Portrait Paul Holmes
- Hansard - -

This is a difficult one for us. I am not saying that the Minister is trying to bind the hands of future Governments, but it does feel like the Government are trying to make this increasingly difficult. We would argue that any elected Government have a mandate to make legislative changes as they see fit. I wonder whether this is using a sledgehammer to crack a nut.

Of course, we accept the need for parliamentary scrutiny, but an elected Government should be able to use any mechanism they want to use. I ask the Minister once again to consider whether she thinks this is really necessary. A Government who might want to remove some of the functions would have a democratic mandate to do so, and arguably very good reasons for doing so when future structures need to change. I would like to challenge her on whether she thinks this is absolutely necessary, which may depend on our forcing a vote on this issue.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Member for his question. My view is that devolution is a fundamental shift in power and a rewiring of how we govern the country. At the heart of the devolution process are a lot of democratic processes, where people vote for a mayor on the basis of what they say they will deliver for their community. To make a fundamental change, it is absolutely right that a future Government must get the consent of Parliament to rewrite it. That is the premise on which we think about the Greater London Authority Act 1999 and devolution, and it is what we have done in the context of Scotland and Wales. These are fundamental shifts in power, and it is right that there has to be a full democratic process within Parliament to reverse them.

Question put, That the clause stand part of the Bill.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Reorganisation is a crucial part of the Government’s mission to fix the foundations of local government. I come back to the fundamental point that this is not about reorganisation for reorganisation’s sake; it is about creating better-functioning unitary councils that are more sustainable and better able to deliver the high-quality services that their residents want and fundamentally deserve.

Schedule 24 enables the Secretary of State to direct areas to submit proposals to reorganise. We are committed to working in partnership with local areas. Therefore, this will be used only where areas have failed to make progress following an invitation. It also includes new merging provisions to enable existing unitary councils that believe structural change would be beneficial to submit proposals for reorganisation. That aligns the process for reorganising single-tier areas with the current process for reorganising two-tier areas.

With devolution and local government reorganisation progressing concurrently across the country, mechanisms are needed in the Bill to ensure these reforms work in harmony. The first mechanism is the ability to convert a combined county authority into a combined authority. This is a straightforward and common-sense provision. When local government reorganisation takes place in an area covered by a combined county authority, we need a streamlined way to convert the authority into a combined authority.

The second mechanism is the ability to abolish a combined authority or combined county authority if local government reorganisation renders that authority obsolete. This mechanism would be used only in very limited circumstances: if a new unitary authority covers or includes the whole area of an existing combined authority or combined county authority. Any local government reorganisation proposal requiring the use of this abolition mechanism will need to consider how it would impact future devolution in the area, as per the Government’s reorganisation criteria. That ensures these areas will not be left without a viable pathway to devolution.

I commend clause 55 to the Committee.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Clause 55 essentially goes to the heart of the Bill. As we argued when we voted in the House against local government reorganisation, the thing in this Bill that most people out there—our voters—will notice, aside from the devolution aspects and the creation of mayors, is the bread-and-butter transactional services that people see on the ground. That will be the biggest impact the change will have on their daily lives.

We oppose clause 55 because we believe the Government have no democratic mandate to deliver local government reform. It was not in their manifesto, they did not ask the British people to vote for them on the basis of local government reform, and we fundamentally have—[Interruption.] The hon. Member for Camborne and Redruth looks shocked at my proposition, but if he can refer me to where this was in the Labour party’s manifesto, I will happily withdraw that point. I suspect he cannot, because it was not there. That is a key aspect of why we oppose the clause.

The other reason why we oppose the clause is because there is no overwhelming evidence showing that services or local government would be more efficient with larger organisational structures and a larger population being encapsulated into unitary authorities. I am a big fan of unitary authorities—I declare an interest in that I am a former lead member of one, and I was very happy to be so—but we have to accept that the nature of devolution means that a standardised model is not adequate for everywhere in the country. In some areas, it may not be what is best or wanted by local people. That comes back to the democratic deficit we believe the Government have in announcing these LGR proposals.

I know the Minister is relatively new in post, so she will not have had as much communication with local authority leaders as her predecessor did—that does not reflect on her or her ability; it is just the nature of her period in post. But, in previous sittings, she outlined and indicated to this Committee that there is overwhelming excitement from many local authority leaders who welcome LGR and the new mayors proposed by the Government. She will also be aware that this has caused a huge amount of disruption to local people and the working of local authorities, at a difficult time for their operational capacity and capability, with reduced budgets. This is not needed.

For example, there are now three proposals to Government in my area. One is from the 12 district councils, which absolutely do not want to be abolished. There is unified agreement on that, except from Gosport borough council, which has opposed everything completely. There is a county council recommendation, lauded previously by the Minister, which is not supported by MPs who represent the area. And there is another proposal that is contested. One of my Hampshire colleagues has just entered the room, and he takes the same view as me.

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Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

Sorry, Chair. Does the hon. Gentleman agree that the resulting democratic deficit sets a dangerous precedent?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I agree entirely with the hon. Lady. As I have said before, she has the best interests of Stratford-on-Avon at heart. From her experience in local government, she knows the expertise held by district councillors who know the areas they serve.

In my local area, two new unitary authorities are proposed —one that looks eastward and one that looks westward. What happens to the semi-rural areas of my constituency, now having new unitary councils headquartered in Southampton and Portsmouth? Those unique connections that district councils have, which suit their smaller areas, will not be served as well by a larger unitary authority. That view is endorsed by the District Councils’ Network, which suggested in its briefing note that focusing on authority scale and population size during local government reorganisation would not lead to optimal outcomes. It stated:

“it will be tempting to pursue approaches to LGR that make it as easy as possible to implement—focusing only on scale and minimising disruption.”

The Government say they want to deliver growth and get the public finances in good order, but there are no concrete suggestions for how their proposals will save money. Just going bigger and larger, and having one tier across the whole UK, does not necessarily mean that services will be better. As I have said consistently, many district, town and parish councils do not want this to happen. Many Members across the House may say, “That is the vested interest of elected people who are going to be got rid of,” but that is not the case.

Sean Woodcock Portrait Sean Woodcock (Banbury) (Lab)
- Hansard - - - Excerpts

Will the hon. Member give way?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will finish this point, and then I will give way, because I am a fan of the hon. Gentleman. Smaller district, town and parish councils know their local areas. This is not an efficient way of delivering reform. We will have councillors on a larger scale who do not take into account the unique structures and environments in which we serve our constituents.

Sean Woodcock Portrait Sean Woodcock
- Hansard - - - Excerpts

It is great to serve under your chairship, Dame Siobhain. I refer the hon. Member to a point I made to his colleague in Committee a couple of weeks ago. Ten years ago, the district councils of Northamptonshire were dismantled by his party and forcibly put into unitary authorities. Where was his umbrage then? If district councils are so good, why did his Government not reform them, give them more money and reconstitute them? Clearly, his Government felt there was a reason why they worked better as unitary authorities. So what is the problem?

Paul Holmes Portrait Paul Holmes
- Hansard - -

There was a unique circumstance there—

Sean Woodcock Portrait Sean Woodcock
- Hansard - - - Excerpts

They were going bankrupt.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The hon. Gentleman hits the nail on the head. There were unique circumstances where everything was going bankrupt, so strict action had to be taken. This Government are proposing, unilaterally and without any consultation with those who do not want it to go ahead, to change local government structures across the whole of the United Kingdom without democratic legitimacy.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Does the hon. Member recognise the state of local government—the absolute mess and the financial vulnerability of local authorities—that his party left us with? Unique circumstances, absolutely. We are having to fix the mess we inherited. We absolutely want local government to be successful and to thrive, but it is on its knees after 15 years of austerity. That is why we are having to take the action we are taking.

Paul Holmes Portrait Paul Holmes
- Hansard - -

If the Minister is seriously suggesting that a complete and wholesale reorganisation across the whole United Kingdom is the one answer to making sure that local government can operate on a sustainable footing, I do not buy that at all. There are many things that this Government could do to make local government much more efficient and to deliver for people. First is an uplift in funding.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

We are doing that.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Well, the Minister should speak to the many council leaders across the country who do not agree that it is enough.

If the Minister is seriously saying that abolishing 90% of elected councillors in rural areas across this country will somehow be the miracle cure for local government, and that is what is driving these measures, then I am sorry but this Government need to go back to the drawing board.

Perran Moon Portrait Perran Moon (Camborne and Redruth) (Lab)
- Hansard - - - Excerpts

It is great to serve under your chairship, Dame Siobhain. Cornwall reorganised in 2009 and is now the third largest unitary council in the UK. There is no question of any sort of democratic deficit across the whole of Cornwall. Why does the hon. Member think that is?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I think it was reorganised under a Labour Government. When people in this country went to the polls in July 2024, and we accept that we lost the election—[Interruption.]—and lost it pretty badly, as the hon. Member for Huddersfield says. I absolutely accept that, and I do not think there is any disagreement on why or how that happened, but can the hon. Member for Camborne and Redruth point me to where his party’s then local government spokesperson, the right hon. Member for Ashton-under-Lyne (Angela Rayner), said to councillors in her party that they were about to be abolished, or where she said to local government leaders or the general public that Labour would carry out a huge reorganisation of local government? If he can, I will eat my words. I challenge him to show me where his party said at the general election that it was going to do that. Can he do that?

Perran Moon Portrait Perran Moon
- Hansard - - - Excerpts

When I was knocking on doors in Cornwall, people were worried not about a democratic deficit but about waste and bureaucracy in local government. They wanted a more streamlined local government structure, focused on delivering services. That is what the Bill aims to do.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Councillors across this country aim and strive to do that day in and day out, within the current structures. Any suggestion otherwise is an insult to elected councillors across the UK, and I am not saying that he said that—I am saying that every councillor in this country is elected to serve and to deliver services in the best way they can. My fundamental disagreement is that, as the Minister has said, reorganisation in a pure attempt to save money and deliver more efficient services is not provable. Many unitary councils across the country—a single tier of local government established in the last reorganisation in 1997—are now in huge financial trouble. That is not just because of the allocations that were put forward by the previous Government. It is because a single tier of local authority of that size does not necessarily deliver for an area. This Government’s aim of ensuring that that goes on across the whole country will not tackle some of the fundamental financial issues that our local authorities suffer from.

Kevin McKenna Portrait Kevin McKenna (Sittingbourne and Sheppey) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairship, Dame Siobhain. The hon. Gentleman speaks with great passion, which is very much informed by his local circumstances in Hampshire. I can share my local circumstances in Kent, where the current two-tier system just does not work for my constituents. We have some great councillors in Swale and some good councillors in Kent, but over decades the system has not worked because the needs of people in certain parts of Kent are so different from the needs of people in my constituency, which is a much poorer, more industrial and more deprived area. We have been overlooked. I am afraid that the people in Tunbridge Wells, which is a great town, do not get the needs of people in Sheerness. This change will be a massive improvement for people in my neck of the woods, and that is why I support it.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The hon. Gentleman is uniquely qualified to speak about his local circumstances—that is why he is sent here every day to serve his constituents—but I do not understand his argument. If he is saying that a larger authority that serves the whole of Kent, or two authorities in Kent, will know the unique circumstances of two fundamentally different areas, I suggest to him that nothing is going to change.

Kevin McKenna Portrait Kevin McKenna
- Hansard - - - Excerpts

It is obvious. My area has a very different socioeconomic status from that of the rest of Kent—frankly, a lot of the coastal parts of Kent are very different from the centre of Kent. The authority will not be as large as Kent county council, which currently is responsible for the biggest challenges—special educational needs and disabilities, adult social care and children’s social care. Those are a lot of the things that matter most to my constituents. Having more like with like areas in a unitary authority, the likely outcome of this reorganisation where I am, will be a massive improvement and will allow other parts of Kent to focus on their special needs.

Paul Holmes Portrait Paul Holmes
- Hansard - -

What the hon. Gentleman describes is the very essence of devolution. I absolutely believe that if local authorities or local people want that reorganisation and unitarisation, that is up to them. My disagreement is with the Government and the Minister—not just this Minister, but the previous Minister, the hon. Member for Oldham West, Chadderton and Royton (Jim McMahon), who said in the House that everybody must do it. If this Government are seriously saying that this measure is universally welcomed by local authorities, they are heavily mistaken.

This Government are forcing reorganisation. They are putting a gun to the head of our county leaders and other local authority leaders in areas such as Hampshire and elsewhere in the country who have essentially been made to feel that they have to do this now or it will happen to them anyway. That is not genuine consultation. That is not devolution that allows local authority leaders to choose the structures that they want. It is unilaterally forcing all local authority leaders to undertake a form of reorganisation—gainsaying them. The Government do not have the democratic legitimacy to drive that forward. That is the fundamental difference between the Minister and the Labour party and the Conservative party. We believe that people should be able to restructure and reorganise, but in the way and at a time that they want. That is not to case under the Government’s proposals.

Finally, the Conservative party does not support the delaying of local elections if the Bill comes into force. Other parties have made many suggestions that the Conservatives have been calling for the delay of local elections. The pending creation of other local authorities has created a fundamental democratic deficit in the country. Some councillors who were elected in 2021 are still in post. That is not a sensible or ideal solution. People deserve to have a say in elections over the way their services are run. This Government’s unilateral reorganisation has prevented that from happening. We believe there should be local elections, so I hope that the party political literature stating that we want to stop the next local elections will cease.

I think I have made my point clear—I hope so, at least. We will oppose the clause.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I do not disagree with the essence of that point, but the Government are seeking to impose reorganisation, which could abolish a whole tier of councillors overnight and cause a spike in casework and the need for advice services. I do not believe they have really considered the impact of the transition.

This week, I met AdviceUK, whose survey of member groups found that the average advice service in the country has lost three staff members or volunteers in the past year, and needs three more advisers just to meet current demand. Have the Government considered that such services might face a spike in demand as a consequence of this reorganisation and the loss of community representation that is being imposed?

There are surely consequences for democracy. In contrast to the cost-saving argument, there is clear evidence that size matters when it comes to democracy and accountability, even with unitary authorities that work well—my constituency is in a well-established unitary. The proposed increase in population and geographic scale is likely to have a damaging effect on a range of democratic criteria, including electoral turnout, public trust in councillors and officers, and levels of participative engagement.

Paul Holmes Portrait Paul Holmes
- Hansard - -

The hon. Lady is making a very interesting point. It has been argued that a single tier, under one authority, might improve democratic participation, but does she agree that someone in Hedge End in my area, whose council headquarters will be far removed from them geographically, may feel that their council represents them less, and therefore democratic participation would be reduced?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Having been a local councillor, I can see the other side of the Government’s argument. A local councillor based further away, representing a larger ward, will have to work very hard to maintain the face-to-face interaction with their community that makes residents feel represented. I do not believe the Government have really considered that. No matter how hard-working councillors are—even at Green levels of all-year-round hard work—residents will have less familiarity with who their local councillors are and what they do, which may increase alienation from local democracy and feed populist narratives.

The hon. Member for Hamble Valley made this point well, but I have to complain that, unlike the new strategic authorities, which are about devolving power, forced and hurried local government reorganisation was not in the Labour manifesto, so I must oppose the clause.

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Lewis Cocking Portrait Lewis Cocking
- Hansard - - - Excerpts

When I go out to speak to people in Broxbourne, they are completely against this—they do not want it. They fear a large council. I have spoken to many councillors, and my reflection is that things depend on the size of the unitary. For those serving in a smaller unitary, people tend to be happier with the council and the services it delivers, but I am yet to find people—in particular, back benchers on a large unitary council—who feel engaged and motivated, with residents respecting that. However, the hon. Gentleman will have different experiences in his constituency.

I do not think unitarisation is a good idea. I have a lot of experience in local government, and it will cost people more in council tax where councils go through unitarisation and districts are forced to merge. My district, Broxbourne, has the lowest parish council tax in the country, so whatever happens through the proposed reorganisation, the good residents of Broxbourne will pay more in their council tax bills, probably for fewer services. Simply going through the reorganisation does not mean that we will see better services.

We are told constantly that councils have been underfunded and that services will improve, but no one can show me a council that has been through reorganisation that is awash with money. I have not spoken to one council that has been through reorganisation that has said, “Do you know what? We have been through a reorganisation. We have made loads of savings and we have become more efficient.”

In actual fact, all the councils that I have looked into that have gone through reorganisation have set up delivery mechanisms and organigrams of staffs and departments based on the old district boundaries. They all have area planning committees that all have to be costed and so on. A number of reports include farcical figures claiming that an area will save millions and millions from going through the reorganisation, because of redundancies, and better and joined-up services.

Let me tell the Committee this: many district councils already have joined-up services and have already gone through that process. Some services, such as human resources, are shared with upper-tier authorities, while others such as waste collection are shared across multiple authorities. The councils have already made lots of those savings, which are already baked into their district budgets and so on. I am yet to see any concrete figures for how much money reorganisation will save.

Paul Holmes Portrait Paul Holmes
- Hansard - -

My hon. Friend, as an experienced local government leader, is making a very good speech. Many Government Back Benchers groaned when he spoke about the Government saying that better services would be delivered through the reorganisation. He outlined councils that have been reorganised, where services have not improved. The Government claim that austerity over the previous 14 years was the problem. Has he seen any policy proposition from the Government to suggest that local authority funding will get better, and that therefore councils will improve their services, if they go through the reorganisation?

Lewis Cocking Portrait Lewis Cocking
- Hansard - - - Excerpts

No, I have not. My authorities have lost out and are no better off under the Government proposals. In particular, rural authorities lose out even more. I have already touched on the fact that millions of people across this country will pay more in council tax.

We are also always told that we have to hit the figure of 500,000, which is the most efficient number and when we get all the savings. If that figure is so important, however, why are we not reorganising London? A number of unitary councils in London do not meet, or come anywhere near, the half a million mark. I suspect the reason why we are not reorganising London is that the Government do not want to upset thousands of Labour councillors. The reason we are reorganising the rest of the country is that the elected representation for the Government party in those councils is probably not where they want it to be.

We are always told that about half a million is the perfect sweet spot—where we get the best services and will be really joined up and so on—but that works only for one part of the country. In the rest of the country, where there are loads of examples of councils that face difficult financial challenges and yet have low population compared with the figures that the Government want, those areas are not being reorganised at all.

Paul Holmes Portrait Paul Holmes
- Hansard - -

In talking about London not being reorganised, my hon. Friend makes what I might describe as a cynical but correct supposition that that is slightly related to the party political colours of the councils elected in London. Does he share my concern—the Minister might call me cynical—that 90% of rural councillors being abolished through this reorganisation also reeks of party political gerrymandering? Most of those councillors are Conservative, so there will be much more Labour representation in local government as a whole.

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Lewis Cocking Portrait Lewis Cocking
- Hansard - - - Excerpts

I have served in the two-tier system and know it is not perfect, but nor is what the Government are proposing in the Bill. There are some unitary councils, such as Slough, that face really difficult financial challenges. Just having all the levers of two councils around the same table does not make for better service delivery. I served on a county council covering over 1.2 million people, and I have been in meetings to discuss where we should invest for roads infrastructure in places that I had never even been to. That is what will happen with these large-scale unitary councils, and there is evidence for that.

When councils go through a reorganisation, why do they set up service delivery arms based on the old district boundaries? Why do they set up area planning committees, if everywhere is interlinked? What we are failing to understand or consider is how we will do planning and place, and how we will bring our communities with us. There are loads of areas around the country— I can speak for Hertfordshire on this—that have several significant towns all of the same size, and lots of people do not travel between those towns. My constituency probably feels closer to London, which is where lots of people commute for work, rather than to the county town of Hertford, which is just 10 minutes up the road in a car, if I can get through the traffic. We are not thinking about how we create communities and place.

I fear for the democratic deficit; no one ever says to me in my constituency, “Lewis, you know what? We really feel like a part of Hertfordshire. We are on the edge of the county. We want a single unitary council. We want to go through that process. We are going to get better services because of that.” I do not believe that is the case. This is being forced upon local councils. They were told in the letter that they had to reply to it. The timescales are just astronomical. I have led a council, and I know that sometimes it is really difficult to get things done. The timescales for the rest of the country, outside the initial wave of the six plus Surrey, to be reorganised are astronomical.

We are not doing this in a sensible and pragmatic way, and mistakes will be made. At the end of day, we should think about how to set up local government that is fit for the future. We should try to take the best bits for that, not create large super-unitary councils. The Government want to build 1.5 million homes, but they also want to rip up the existing planning committee system and put councils through this reorganisation. That will take a lot of work.

I was leader of my authority in 2021, when we were nearly marched up the hill by the previous Government. Some have commented, “Why didn’t you speak up then?” but they can read my press releases from that time and see that I was against it then, so it is not a party political point. We need to do best by existing councils and the councillors who work day in, day out, for their residents. Making big strategic unitary authorities covering large geographical areas and hundreds of thousands of people, is not the best way to do that. The Government need to look again. If they think this is so popular locally, why not commit to having local referendums where reorganisation is proposed and letting local people have their say? The Government could hold their head high and say, “We let local people have their say. They have agreed with us,” or, “They have not agreed,” and go from there.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Government Members raised their eyebrows when my hon. Friend talked about local referendums. Does he remember that it was a stated policy of the last Labour Government to have referendums when they were looking at devolving to regional assemblies?

Lewis Cocking Portrait Lewis Cocking
- Hansard - - - Excerpts

My hon. Friend makes an interesting point. It is interesting that the Government have moved away from that, particularly because I have not met one person who thinks that reorganisation into large unitary councils is a good idea.

If it is good for parts of the country, I hope that the Minister can explain why London and lots of the metropolitan boroughs in the north are not being compelled to reorganise. If this 500,000 figure is the sweet spot and the Government have loads of evidence to back that the claim that this will make services more efficient and put councils on a better financial footing, why is it good for only certain parts of the country, and not the whole country?

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Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister says that there is no gun being held to local authority leaders’ heads. Can she therefore outline, in a clear way, what would happen to a county or district authority that said that it did not want local government reorganisation and refused to engage? They would be forced to reorganise, would they not?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

They have been invited. There is a backstop power, but we do not think we will need to use it because the conversation now playing out across local government is that, yes, this is hard, but everyone recognises that the status quo—standing still—is not feasible or sustainable.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I thank the Minister for giving way one more time. She is being very generous, especially as I know that I have spoken for a while. [Interruption.] I am delighted to hear that Government Back Benchers are so delighted with my speaking.

I ask the Minister again, because she has not committed to this in clear language: if a county council leader or a number of district councils refused to engage with the Government’s process on local government reorganisation, they would be forced to reorganise, would they not?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

That is not where we want to be. That is not where we think we will end up. We have invited places and, to the credit of local government, everyone recognises that change is required. What is now happening is that places are making decisions about the best proposal to deliver the outcomes that they want for their constituents. This process has been hard—of course it has—but, throughout it, every single local authority has understood that the status quo will not deliver for their residents. That is the thing that is driving the impetus for change.

I will say a few words on the 500,000 population figure because Opposition Members have mentioned it. That is not a hard and fast number. We have said that it is a benchmark. If we think about other authorities that have gone through the process of local government reorganisation over the past 20 years—the likes of Somerset or Cornwall—500,000 is the sort of number that they have gone for, and we have seen that their reorganisations have delivered improvements in services and in the way that they operate. Places can go below or above that number. Ultimately, it is for places to figure out the best configuration of their locality to deliver for their residents. We have been clear and consistent about that point.

I want to address the specifics on London. We are open to a conversation with any part of the country that wants to talk about reorganisation. London, with its boroughs, obviously has a different configuration locked in legislation. It is distinct from our two-tier areas, which is why we are not focusing on it. But we are very open to a conversation about London, where we tend to have big authorities that are delivering some of these integrated services anyway.

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Arrangement relating to single tiers of local government
Paul Holmes Portrait Paul Holmes
- Hansard - -

I beg to move amendment 48, in schedule 24, page 245, line 30, after “merger’” insert “or splitting”.

This amendment is related to Amendment 50.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 49, in schedule 24, page 246, line 14, after “direction” insert “under subsection (1)”.

This amendment is related to Amendment 50.

Amendment 50, in schedule 24, page 246, line 8, at end insert—

“(1A) The Secretary of State may invite or direct a principal authority to make a proposal that there should be more than one single-tier local authority for an area which currently consists of—

(a) the area of a single authority, or

(b) one or more eligible areas.”

This amendment would allow the Secretary of State to invite or direct an authority to split into more than one single-tier authority..

Amendment 51, in schedule 24, page 246, line 21, at end insert—

“(4A) An invitation or direction under subsection (1A) may—

(a) be made in such a way that the authority may choose which eligible area or areas should form the proposed area of each new single-tier local authority;

(b) specify which eligible areas should form the proposed area of each new single-tier local authority.”

This amendment is related to Amendment 50.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I am grateful for your indulgence on this, Dame Siobhain, because I know that we have had a very long debate on the substantive clause to which it relates. I want briefly to speak to amendments 48 to 51. Most of the amendments are consequential on or directly related to amendment 50, and they are all in the name of my hon. Friend the Member for Keighley and Ilkley (Robbie Moore). My hon. Friend thinks that this is a simple amendment that goes to the heart of what we were just discussing: the driving force behind devolution should be local situations and the local wants and needs of local people, rather than the standardised, central, top-down approach to local government reorganisation that this Government are advocating and forcing on local authority leaders across the country.

Amendment 50 would allow the Secretary of State to invite or direct—the emphasis is on “invite”—an authority to split into more than one single-tier authority. This applies to many of the situations across the UK where there are a number of district councils or county councils that do not want to engage with the Minister’s local government reform, but are being forced to do so, as we discussed in the last segment of this Bill Committee. Local people or a local authority leader could decide to enter into a form of local government reorganisation, but do so in the way that suits them best. I have no doubt that my hon. Friend, in tabling this amendment, would have been referring to the situation around Bradford. Many people in the surrounding areas and in his constituency have indicated to him that they do not wish to be part of a local authority including Bradford. There is nothing wrong with Bradford—I have been there and it is a wonderful city—but there are two different and distinct types of geographical area within the single area proposed by the Government.

The same could be said of my local government situation. Many Members across the House know the distinct nature of Hampshire and the differences in approach to life between the people of Portsmouth and the people of Southampton. They would not necessarily want to be in the same local authority as each other—that is not the circumstance at the moment—but district councils in the proposed reorganisation simply do not want to engage because they want to stand alone to form a single-tier authority, perhaps with some of their partners. One proposal, which would not have met the Government standard test, was for a single-tier authority between Fareham, Gosport and Havant. They should be allowed to do that, but they are not, because of the top-down nature of the reorganisation.

Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

In Warwickshire, too, four of five district and borough councils proposed a South Warwickshire—they wanted two unitary councils, rather than one huge, single unitary. That put them in collision with the county council proposal that was just voted through. Does the hon. Gentleman agree that we need flexibility and the proposals should not be directed by the Secretary of State?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I absolutely agree with the hon. Lady in that we need responsibility, bearing in mind that amendment 51 would give the Secretary of State the power in this case to enforce that flexibility. A problem in the proposed local government reorganisation is that it focuses overly on the role and consent of county authorities, but the voice of district councils has not been listened to in this approach, as I outlined earlier when quoting Councillor Sam Chapman-Allen, who was leader of the District Councils’ Network.

I know what the Minister will say to our amendments, and I respect her position in doing so, but the Conservative party believes that devolution can mean so much to so many if done with the bottom-up approach that the Minister insists is hers. We want some words of encouragement that she may look—although I know she will not—to reduce the restrictions on a single tier for larger geographical areas. I do not intend to press the amendment to a vote, as it is a probing one. However, I have it on the good authority of my hon. Friend the Member for Keighley and Ilkley that he will table similar amendments on Report. We will listen to the Minister’s response with great enthusiasm.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Let me say three things in response. First, there is already flexibility in the creation of boundaries and geographies for unitaries to ensure that they are fit for purpose and that they work for the communities they need to serve.

We are clear that, on the other side of local government reorganisation, councils must be the right size to deliver the high-quality services that residents deserve and need. Judgment on proposals will be driven by that fundamental question. Splitting up existing unitaries, further fragmenting and disaggregating services, does not feel like it would be in the interests of the residents concerned in delivering better and more efficient services, or value for money for taxpayers and those residents.

Clearly, we must have a reform process that fundamentally delivers those outcomes. There is now a process to do that. We will look at the various proposals and, ultimately, the test is: will the proposal deliver local government that is fit for purpose and deliver for our communities? Voters across the country want that and respect it.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I thank the Minister for what she said. I absolutely knew what she was going to say—that comes as no surprise to us in the Opposition—but this is about what we discussed before. She said that it would not necessarily be to the advantage of local people were we to allow the splitting of unitary authorities, but she is missing the fact that some people want that. I think that the non-uniform approach to local government works. I still believe that this is a community empowerment and devolution Bill. One size fits all across the UK is not the way that the Government should be going. I will withdraw the amendment, but I have no doubt of further amendments of this nature on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Deirdre Costigan.)

English Devolution and Community Empowerment Bill (Tenth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Housing, Communities and Local Government

English Devolution and Community Empowerment Bill (Tenth sitting)

Paul Holmes Excerpts
Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - -

I beg to move amendment 45, in schedule 24, page 247, line 38, at end insert—

“(aa) after subsection (3), insert—

‘3A The Secretary of State may not in any case make an order under subsection (1)(a) unless he has satisfied the conditions under Section 7A (Requirement for a public referendum).’”

This amendment is a preparatory amendment for Amendment 46.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 46, in schedule 24, page 248, line 9, at end insert—

“(6A) After section 7 insert—

‘7A Requirement for a public referendum

(1) An order cannot be made under section 7 of this Act unless a referendum has taken place in all areas proposed to be included in any merger under any order, and a majority of voters in that referendum has approved of the proposed merger.

(2) Arrangements relating to referenda held under this section may be such as the Secretary of State may by regulations specify, provided that the referendum is—

(a) conducted under the first past the post system, and

(b) held no sooner than six weeks from the date it is first publicly announced.’”

This amendment would require that no order could be made to implement a proposed merger of single tier areas unless approved by a referendum in the affected area.

Amendment 47, in schedule 24, page 250, line 6, after “opening words” insert—

“(a) after ‘an order made by the Secretary of State under section 7’, insert 7A, and”.

This amendment is a preparatory amendment for Amendment 46.

Paul Holmes Portrait Paul Holmes
- Hansard - -

It is a pleasure to see you in the Chair, Ms Vaz. I rise to speak to these amendments in the name of my hon. Friend the Member for Keighley and Ilkley (Robbie Moore). These are simple amendments—the Minister has heard me say that before; any amendments that we have tabled are very simple and aim just to do the job adequately.

My hon. Friend has tabled these amendments because, as we have said, the Conservatives believe that this is a top-down reorganisation that has not been endorsed by the people we serve. As I said earlier, it was not in the Labour manifesto. Many local authorities do not want to go ahead with local government reform, and the Minister tacitly acknowledged earlier that any local authority that did not want to go forward with local government reform would be forced to do so anyway.

We believe that is wrong. The lack of democratic legitimacy and the democratic deficit in the decision to pursue this very expensive and needless local government reorganisation require the people who we serve—the people who councillors serve—to have their say. There must be democratic accountability to them, which means there should be a requirement for a public referendum when a new authority is proposed.

The Government should not fear that. In fact, the policy of the last Labour Government, from 1997 to 2010, was massively to advocate for local referendums. The Greater London Authority was created following a public referendum in 1998 in which the Government wilfully accepted that it needed to be created. It was their proposal, they sought the consent of Londoners, Londoners approved, and they went ahead and created the GLA. I think that is a very good thing; they had democratic accountability.

In the early 2000s, a north-east assembly was proposed by the late Lord Prescott and rejected by a referendum that the Government sought. It was rejected by the people who would have been affected by the proposal. The Government not only gave them a referendum, but listened and took away the proposal for that assembly because people did not want it.

The last Labour Government therefore had a history of listening and asking people for their democratic consent to reorganisations, so I do not understand what this Government have to fear. They have chosen to go forward with this reorganisation without any consent. These referendums would provide the consultation that the Government have so far lacked by asking and ascertaining, with certainty, whether people back it in local areas.

So far, the Minister is charging into a tunnel without any public say. I am sure that she will talk about local government consultations in her response, but most of the consultations that have happened have been very small and the democratic participation has been very low. In areas such as Gosport, which neighbours my constituency, people do not want this reorganisation and their council has refused to engage. They do not want it to happen, but the Government will force it to.

Under the Local Government Act 2003—passed by the previous Labour Government—an authority can hold a non-binding referendum on any local issue that it wishes. I do not believe that any local authority has undertaken that yet, but we certainly would encourage them to do so. The Government do not have to follow or respond to that referendum, but I wonder what weight the Minister and the Government would place on a referendum held by a local authority, given that the legislation was passed under a previous Labour Government.

The previous Labour Government had some quite radical thoughts on reorganisation that we opposed at the time, I think—I was at secondary school then; I know many people will not believe that, looking at me after more than six years in this place! That Labour Government believed in consulting the people who they served when implementing huge reorganisations of central, regional and local government.

That Labour Government had a proud history of listening to the people, but unfortunately, in many areas of policy, this Government have shied away from that. Instead, they have pushed ahead with policies that were not in their manifesto and do not have the democratic mandate of the British people. I have been clear from the beginning that they have a democratic mandate to govern, and a huge majority—although it was won with a very low proportion of the vote—but they do not have a democratic mandate for this local government reorganisation. They should not be afraid to ask people whether they want it or not.

The Government should take this amendment on board and make it part of this flagship legislation.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Local government reorganisation is already possible through existing legislation and does not require a referendum. In the last 20 years, we have precedents of local government reorganisation, and a referendum has never been part of that. Adding a referendum on to the process is disproportionate and will slow it down. We need to go through this process for all the reasons that we have talked about in the debate.

To be clear, however, before any local government reorganisation proposal is implemented, all affected authorities must be consulted. Residents can submit their views during those consultations, and authorities will engage with their residents through the proposal development process that is going on at the moment.

Furthermore, all implementation orders for new unitary authorities must pass through Parliament’s affirmative resolution procedure. That allows elected Members to have their say on proposals based on the feedback that they are getting from their constituents. All these provisions are proportionate, right and consistent with what we have done in the past. Therefore, this additional measure is disproportionate and unnecessary, and I hope that the hon. Member for Hamble Valley will withdraw the amendment.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will respond briefly. The Minister is entitled to say that she does not want to accept the amendment, but I ask her to look not at the logistical and legal arguments of the legislation, but at what is right and what is wrong in the practice of implementing local government reorganisation. As I say, we are all democrats—we are all elected to serve here—so she should not fear asking the people whether they endorse the local government reform that she is currently implementing without the consent of the public or many local authority leaders. We will not press these amendments to a vote, but notwithstanding what I have said before about other amendments tabled by my hon. Friend the Member for Keighley and Ilkley, we will table amendments of this nature on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the schedule be the Twenty Fourth schedule to the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider:

Clause 56 stand part.

New clause 24—Impact of local government reorganisation

“(1) Whenever the Secretary of State has made any order or regulations in pursuance of provision inserted or amended by Schedule 1 of this Act, the Secretary of State must, at the end of a period of two years beginning on the day of the making of the order or regulations, issue a report.

(2) Each report required by subsection (1) must include, but shall not be limited to, details of the following, as far as they arise from any reorganisation resulting from the order or regulations—

(a) the cost of the reorganisation;

(b) the impact on service delivery, including the quality of social care provision and quality of SEND provision;

(c) the impact on development, including the number of homes delivered against local targets;

(d) the performance of individual commissioners;

(e) the sustainability of the finances of the newly created authority;

(f) the extent to which Council Tax has increased and the extent to which any mayoral precept has increased; and

(g) satisfaction of local residents with the standard of services provided by the authority established or changed by the reorganisation.”—(David Simmonds.)

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Clause 55 introduces schedule 24 and I have already spoken in detail about it.

On clause 56, we must avoid a situation in which a predecessor council—one soon to be replaced by a new unitary council—could delay devolution by withholding consent to the establishment of a new strategic authority. Where a new unitary council is keen to progress devolution during the transitional period, the requirement for the predecessor councils to give consent will be disapplied.

The Bill will ensure that consent is given by the new unitaries, which will form the constituent councils of the new strategic authority. Consent should come only from those with a stake in the future strategic authority. This clause ensures access to devolved powers as quickly as possible, where the elected representatives of all shadow unitary authorities are in agreement. I therefore commend the clause to the Committee.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Well, there we have it: the mask has slipped—

Paul Holmes Portrait Paul Holmes
- Hansard - -

The Minister says it has not, but I will convince her that it has. All morning we on the Opposition side have been talking about the fact that the Government are forcing this to happen without consent. The mask has slipped because this clause disapplies the ability of a currently existing council to refuse consent for the creation of new authorities.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

On a point of clarification, it is consent to the creation of a new strategic authority, so this is the tier above.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Fine. I thank the Minister for her intervention, but the point I am about to make still applies: the people who currently serve have a stake. The people who send those people to serve have a stake. The way in which this clause is being put forward shows again that the Government are forcing change on a number of organisations and predecessor authorities that currently exist and serve their local people—so the mask has slipped. We have been saying all day that this is a proposal and local government reform that is not in the manifesto and is being forced on local authority leaders who do not want it.

The Minister said last week that she had had lots of enthusiastic conversations about people who want to go forward with devolution. I put it to her again that many local authority members do not, and the only reason they are going forward with it is because she is going to force them to do it anyway. Now that those local authorities might want to refuse to give consent to the creation of strategic authorities—something that should be within their gift anyway—she is disapplying their right to say that they do not want them. The Government are invoking a top-down reorganisation and not listening to the views of local leaders or of the people they are elected to serve.

I say to the Minister once again on this clause: throughout the Bill, she has advocated for it being a bottom-up reorganisation, but this is the sledgehammer of central Government refusing local people the voice that they should have. The mask has slipped and the Minister has just admitted that it is a centrally imposed thing, which many people do not want. The clause should be removed from the legislation, and we will oppose it.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

It is important to disaggregate two processes, although I appreciate the challenge because we are doing them concurrently: there is a local government reorganisation process and a devolution process. To clarify, I am the Minister for Devolution, so when I refer to the enthusiasm in my conversations with local government leaders, that was on devolution, where it absolutely is felt. It is right for devolution that the authorities that will form the constituent authorities and ultimately have a stake in the future direction of the strategic authority are the driving force behind it.

It would be wrong if one single authority that was about to be shifted in the context of local government reorganisation were able to scupper, delay or veto the creation of that strategic authority when there is consent and support for it. This is completely rational if we allow that there are two processes. This part of the Bill is about the creation of strategic authorities and about who ultimately has the ability to drive them and consent to them. It should be those constituent authorities that will form part of the strategic authority to come.

Paul Holmes Portrait Paul Holmes
- Hansard - -

Forgive me, Ms Vaz; as the Committee can see, I got rather carried away and I forgot to speak to new clause 24 in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner. Briefly, the new clause should be included in the legislation, because all in the House believe in transparency. In the process, subsection (1) of the new clause would require an impact assessment of the local government reorganisation to be published. Each report would be required to include things such as the cost of a reorganisation, something that the Minister has advocated will deliver more efficient services and will not be onerous.

A report will allow us to see not only whether that is true post the creation of the authority, but the impact on service delivery and development, as well as the number of homes delivered—we have seen mayors who are not able to deliver the number of homes required of them—and an assessment of the performance of individual commissioners. It would provide a clear link for the people who live in those areas where the reorganisation is to go ahead. We believe that would not be onerous on the new authorities and that new clause 24 would bring the right balance between transparency and accountability, so we ask the Minister to accept it.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I am sympathetic to new clause 24, but there is no need for the Secretary of State to publish a report after the implementation of every single reorganisation proposal. Ultimately, local authorities are responsible for their own financial performance and the delivery of their local services, and they are accountable to their local electorate. As many currently do, local authorities may report on their performance each year to their electorate. That is the appropriate place for the responsibility to lie.

The Government already have mechanisms to monitor the performance of local authorities and to ensure that our councils are fit, legal and decent. As part of the process of reforming local government, we recently launched our local government outcomes framework, providing outcome-based accountability for councils. I think that there are enough mechanisms, including those that are baked into what councils need to do for their local electorate and our overall performance review and assessment process. In essence, those will deliver the intent of new clause 24.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I genuinely hate to detain the Committee—I do not just say that out of politeness—but I believe that we should press new clause 24 to a Division, when we come to that point.

None Portrait The Chair
- Hansard -

We will vote on new clause 24 at the end, when we come to the new clauses.

Question put and agreed to.

Schedule 24 accordingly agreed to.

Clause 56 ordered to stand part of the Bill.

--- Later in debate ---
Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I quite agree. We have heard a lot about the benefits of this new model, and this change is a sign from the Government that they are not even going to trust their new unitaries to choose their own governance systems. I find it a really strange addition to the Bill.

The Electoral Reform Society, in its 2015 report “The Cost of One-Party Councils: Lack of Electoral Accountability and Public Procurement Corruption”, estimated the cost to the public purse of councils having weak opposition to be about £2.6 billion a year. Finally, in November 2017, the current Prime Minister told BBC Radio 4’s “Today” programme, “In my experience in life, the best decisions are made with proper scrutiny, and the worst mistakes come from not having scrutiny.” The Government should listen to that man. This clause—of all the bad parts of the Bill—is the most exact opposite of community empowerment. If it stays, the Bill should be renamed the “Very Little Devolution and Too Much Centralised Control Bill”.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I will speak briefly to clause 57. The Opposition recognise why the Government are bringing in this system. As I have said before, I was a councillor in a unitary with a leader and cabinet system, and I think that that delivers the fastest decisions, and the most accountable decisions when there is a full council. In fact, we were able to constitute an overview and scrutiny committee, the chairmanship of which we gave to the opposition.

Sean Woodcock Portrait Sean Woodcock (Banbury) (Lab)
- Hansard - - - Excerpts

Having been a district council opposition leader for 10 years, I can say with some real clarity that the agenda was not always dominated by the controlling group; in fact, a lot of the motions put forward by the group I led were accepted by the controlling group. It is all about the quality of the councillors and the opposition—it goes back to what my hon. Friend the Member for North West Cambridgeshire said about culture—rather than necessarily the system. Does the hon. Member agree?

Paul Holmes Portrait Paul Holmes
- Hansard - -

I do agree. I am sure the main reason his group’s motions were accepted is that they were very well written. I know how he behaves in here—I do not agree with his speeches most of the time—and he comes from a decent place. I know that any motion would have been beneficial to the residents of wherever he served at the time.

Councils will have the power to internally constitute themselves to give opposition councillors the best way to scrutinise them. As I said, in Southampton city council, we gave the Labour group leader, or an allocated person, the chairmanship of a genuine overview and scrutiny committee, whose power the administration used to fear. Particularly at a time when the first-past-the-post system delivered what might have been a hung council or a minority administration, that committee, consisting of opposition councillors, had huge power. So I do not have a huge amount of agreement with the hon. Member for Brighton Pavilion on that point.

However, we have just had a debate about referendums, and an amendment asking for referendums to allow people to say whether they want local government reorganisation, so I want to say something about paragraphs 3 and 4 of schedule 25. Paragraph 3 would prevent any local authority from deciding to establish a directly elected mayoralty, which is absolutely fine. Paragraph 4 would amend the Local Government Act 2000 to allow an authority with a mayoralty to change to a leader and cabinet system. However, it leaves in place provisions governing how that change could take place, and a mayoralty established after a referendum could be abolished only if that is approved in another referendum, which can be triggered by the local authority, a petition or the Secretary of State.

In the schedule, the Government want to hold referendums to try to get what they want, so they approve of them. But they somehow do not approve of referendums to ask people in the first place whether they want to go into this local government reform. If the Minister could explain how that is not having her cake and eating it, and being completely inconsistent in the Bill, I would be grateful. Here, she is saying, “Well, we want you to change to a leader and cabinet system, but you need a referendum to do that, because you have already had a referendum.” That is tacit approval from the Government; when it comes to local government reform and changing how a local authority is set up, they want the consent of the people, but on the overarching view of local government reform, they somehow do not. After the last debate, I would ask the Minister to clarify again: do this Government believe in the right of local people, by referendum, to change the way in which they approve their local structures and live their lives? Yes or no? If it is good enough for this clause, she should go back to the schedule we have just discussed and put in the amendment we discussed to approve a referendum there.

I am slightly teasing the Minister, but she must understand that there is inconsistency in the Government’s approach—although I am not surprised about that. Overall, that is not enough for me to say that the clause is not worth being in the Bill. I think it does deliver a streamlined and accountable process for a leader and cabinet system, but she really does need to tell her officials, whom she leads and gives political direction to, to be consistent about when the Government believe the public should and should not be asked.

--- Later in debate ---
Manuela Perteghella Portrait Manuela Perteghella
- Hansard - - - Excerpts

Amendments 250 and 251 would protect the right of local residents to be properly informed about decisions that affect them by retaining the statutory requirement for public notices to be published in printed local newspapers.

Amendment 251 would ensure that the newspaper in which notices are printed is truly local, relevant and published at regular intervals. The legal requirement to print notices in local newspapers must remain to protect transparency and local accountability. That is the baseline. Printed notices are still one of the main ways in which residents, including hundreds of my constituents, find out about planning applications, road closures, licensing changes and other council decisions. We cannot restrict the dissemination of important public notices that directly affect the lives of residents just to the online world and social media.

In my rural constituency of Stratford-on-Avon not everyone is online, and we have discussed the challenges for rural and isolated communities to even have broadband or wi-fi connectivity. I told the Minister that this week I had students who had to go to cafés in town to revise for their GCSEs, because they could not get a signal in their homes. Older rural residents are often digitally excluded, and many struggle with internet access.

In those areas lucky enough to still have them, local newspapers have a very important role to play in holding local government to account. On top of publishing statutory notices, they report on local democracy and help to keep communities informed and engaged. The amendments will also help local journalism, which relies in part on statutory advertising income, to survive.

Amendment 251 is important because it adds a definition to make it clear that at least one of the newspapers used must actually be local, published regularly and distributed, whether paid-for or free, in the local area.

The amendments will guarantee that public notices reach the people affected, and reinforce the principle that information should be accessible, inclusive, local, useful and timely. A person who is not online will not know that, for example, the road between their house and their GP will be closed on a day they have to attend an appointment. There will be unintended consequences. Together, the amendments keep community engagement open to everyone, not just those who have broadband connectivity. I was very surprised to see the removal of public notices in print newspapers in the Bill.

Paul Holmes Portrait Paul Holmes
- Hansard - -

I am delighted to speak to amendments 250 and 251, and to new clause 55 and amendments 405 to 407, which stand in my name and that of my hon. Friend the Member for Ruislip, Northwood and Pinner. I am sure that pleases everybody— I remind the hon. Member for Banbury that I have been seated for quite a while now, and I do not want him to miss out on my dulcet tones.

This is slightly complicated, but I will not spend too long on it. New clause 55 will require a consultation on the publication of local authority resolutions and referendum proposals. Amendments 405 to 407 would essentially act as a block to the regulations set out in the Bill until the proposal is consulted on and an assessment undertaken of the consultation responses on

“the economic viability of local newspapers…access to information for local authority residents, and…local democracy and accountability…. The consultation must be opened within six months of the passage of this Act.”

We believe that it is crucial to consult on the different aspects and different geographical situations of our local newspapers. Local newspapers are essentially the beating heart of various sections of our society who are not online and who rely on or may be interested in such information. It is not a novel thing for people to be interested in what is going on in their local area. As we have seen, with the reduction in regional TV broadcast news and the restructuring of our national broadcaster and other local news providers on television and radio, local newspapers can be the only channel for local people to see what is going on in their local authority area.

I am sure that many people on this Committee have been lobbied by various trade bodies and organisations on behalf of local newspapers. With the advance of digital technology and the internet, the circulation of physical copies of local newspapers is declining. When I was a councillor in 2008, the amazing and historic Daily Echo, which covers Hampshire and Portsmouth news, had a circulation of around 200,000 hard copies sold; it has fallen to around 40,000 now. Local newspapers rely heavily on the income stream from statutory notices and local government notices; it is a lifeline for local newspapers.

Such notices allow people to read about what is going on with their planning applications and some of the changes that local authorities are putting forward. In my local authority, as in local authorities across the country, these statutory notices and planning notices sometimes act as a safeguard when—I hate to say this— a local authority does not act on its statutory duty to alert relevant people to a planning application or a statutory notice. I would hate to guess how many times we have had an email from a constituent that says, “I didn’t know that this planning application was going to go ahead, and I’ve missed the consultation and can’t do anything about it,” either because the postman did not deliver the letter, or the local authority did not deliver to everybody in a restricted cul-de-sac some information about a block of flats going up next door. If they miss that information, they lose their chance to be consulted.

--- Later in debate ---
Sean Woodcock Portrait Sean Woodcock
- Hansard - - - Excerpts

The hon. Gentleman rightly praises the role of local newspapers. I have some brilliant ones in my constituency, including one that goes out in Chipping Norton and hence is called Chippy News. It is produced by volunteers and does a lot of the things that the hon. Gentleman talked about. However, he mentioned the diminished circulation of newspapers. If he really wants better consultation and engagement with residents, does he accept that making the proposed amendments that might not be the best way to ensure that?

Paul Holmes Portrait Paul Holmes
- Hansard - -

There is an argument for accepting that, but I would ask in return why the Government are giving local councils the opportunity not to use newspapers. Why put that in the Bill rather than allow the status quo to continue while enabling local authorities to do it in other ways? Why are we bringing forward legislative changes that will harm our independent newspaper sector? I agree entirely with the hon. Gentleman about not making useless amendments or putting useless new clauses into legislation, so why is this measure in the Bill in the first place? That is why we feel that we have to amend the Bill to protect our local newspapers, the vulnerable people who use them and their engagement in the democratic process.

Lewis Cocking Portrait Lewis Cocking
- Hansard - - - Excerpts

My hon. Friend is making an excellent and impassioned speech. Does he agree that all of us in this room should understand the importance of printed paper to get our message across, considering that during our election campaigns we deliver thousands of leaflets to get our messages out? Does he agree that we should support these amendments to make sure that councils still have the ability to connect with communities that are not digitally connected?

Paul Holmes Portrait Paul Holmes
- Hansard - -

As you would expect, Ms Vaz, I entirely endorse my hon. Friend’s words. I suspect that if we took the motivation of this part of the Bill and told Labour Members that they could not put out any of their “Labour in touch” communications, or whatever they call them, they would be shouting from the barriers that they could not communicate with residents who are digitally challenged or not engaged in digital communications.

It is important that there are varied and diverse ways for our punters, if I can call them that, and our voters to find information and to engage in the process. I do not understand why the Minister is proposing to actively harm our local independent newspaper sector in a Bill that has admirable intentions and will radically change the face of local government, in some cases for the better, but in the majority of cases for the worse when it comes to accountability. We all see that press is becoming much more large scale and a lot less local through TV and media restructuring. I do not understand why the Government would put in such a retrograde step for independent local newspapers.

We support the amendments tabled by the hon. Member for Stratford-on-Avon. When the Committee comes to new clause 55, we will push it to a vote. I am not sure whether we are voting on the consequential amendments to new clause 55 today, but if we are, we will push those to a vote too.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I agree completely that we need varied forms of communication to engage with our residents and that local media play a vital role. We will continue to do everything we can to protect that part of our ecosystem, because it is fundamental to our democracy.

Let me be clear about what we are doing in the clause: we are shifting the focus from prescribing how information is published to ensuring that the public are effectively informed. The Bill will give councils the flexibility to publish notices of any governance change in whatever manner they consider is most appropriate for the local circumstances, because they know their residents better than we do.

In some respects, it is bizarre that we were ever prescribing exactly what councils should do, so now we are saying it is up to councils. Ultimately, it is in their interest to reach the very residents we care about, because they are their voters and residents too. To be clear: nothing in this provision stops a council from including local print newspapers, which will continue to play an important role. We are simply enabling councillors in the 21st century to think about the range of media that makes sense for the constituents, voters and residents they need to reach.

It is important to put this debate into perspective. As we have said, 80% of councils already have the leader and cabinet model. We are talking about the 20% of councils that do not that would go through some sort of process. This provision is talking just about that small proportion of councils. It is right that we give maximum flexibility to councils to make the right choice about how they communicate.

In the context of a pretty small, practical measure relating to the specifics of the decision to shift away from the committee system, the official Opposition’s proposal on consultation is completely disproportionate and overblown. We absolutely recognise the importance of local media. We recognised the need for an overall review, which is why the Department for Culture, Media and Sport is currently undertaking a review of local media and putting in place a local media strategy—to address the very issues that the hon. Members have raised. We agree that we need to do the job of making sure local media can survive and thrive in the 21st century. I hope that the amendment is not pressed.

Question put, That the amendment be made.

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I will speak to clause 59 and schedule 26 now, and I will then respond to hon. Members on their amendments.

The Government recognise that the voting system used to elect our representatives sits at the heart of our democracy and is of fundamental importance. Given the large population that each regional mayor and police and crime commissioner represents, far exceeding that of Members of Parliament, the Government believe they should have a broad base of support among the electorate. We believe that a supplementary voting system, a preferential voting system, will achieve that and is appropriate for selecting single-person executive positions such as mayors and police and crime commissioners. The supplementary voting system will help to increase the local electorate’s voice, as voters may choose their first-choice and second-choice candidates, and it will require the winning candidate to receive the majority of votes counted.

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I thank the Minister for begrudgingly giving way. She has just outlined that she believes a winning candidate should win a majority of the vote. We entirely agree with her, which is why we support first past the post. Why does she not seem to think that the supplementary vote should also be used to elect MPs, who are single executive politicians but do not necessarily always receive a majority of the vote?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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MPs going to Parliament to work as part of a collective is very different from a single individual who needs democratic accountability to drive decisions. Those are two very different models, which is why we think the single transferable vote makes sense in the context of mayors and police and crime commissioners but the first-past-the-post system that we currently have for MPs is right for collective decision making.

Finally, mayors and police and crime commissioners are currently elected via first past the post, which we think is the wrong approach. We think that shifting to this new system will provide greater consensus for the electorate.

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Paul Holmes Portrait Paul Holmes
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The hon. Lady says that Oliver Coppard got 71% of the vote in the second round, but her quote leads me to believe that the number of people who voted was no different from what it would have been under first past the post. Is that correct?

Siân Berry Portrait Siân Berry
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I stopped reading out turnout results, but turnout was 42.8%—much higher than in previous examples. To be honest, I would prefer a ranking of all candidates down the ballot paper, but I believe that when people are able to use their votes to express both their first and second preferences they are not discouraged from turning out. When parties are not forced to put out leaflets all about who might win but leaflets are instead about the actual issues that might affect people’s lives, turnout goes up. It is really important that this change is made.

On consistency, I want to raise an issue from Sussex. A motion passed by East Sussex county council makes a really good point:

“When Sussex decided to join the priority programme there was no suggestion that there would be any democratic disadvantage from being at the front of the queue”.

That is the problem: the areas that have stepped forward sooner are being forced to accept a substandard election system. I recognise that the motion at East Sussex county council was to delay the elections, and that is not my wish either. I absolutely recognise that there is a timetable challenge: if the amendments were accepted today, they would need to wait until the Bill was enacted to come into force. We cannot make changes to an imminent election, so I do not intend the press the amendments to a vote today.

However, I call on the Government to fix the situation. I would like the Minister to go away and talk to colleagues about how she might be able to fairly resource all the areas holding mayoral elections, including those that have chosen to go first and should face no penalty, so that they can conduct next year’s elections under the supplementary vote in the way that other areas will benefit from later.

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I have to speak to this group of amendments because only one party has consistency when it comes to a “one vote, one election” philosophy: the Conservative party. It is lovely to see the weird and wonderful array of views on electoral systems from parties that want to gerrymander political systems to try to suit their own ends. That is what we have seen this afternoon.

At the mayoral elections, the first-past-the-post system worked because it clearly showed that when the people entitled to vote have one vote, the candidate who gets the most votes wins. We would always argue that that is the simplest and fairest system for the election of a single politician. I do not often compliment the Government, but they have always been consistent on this issue when it comes to mayoral elections. But we cannot keep asking the same person to be subject to two votes and claim that in the second round they have 71% and therefore an overwhelming mandate, when the turnouts under AV or SV are not markedly different from first past the post. Actually, the 41% turnout cited by the hon. Member for Brighton Pavilion still means that fewer than half the total electorate voted for that winning candidate so the hon. Lady’s argument against first past the post is exactly the same as that in favour of the gerrymandering political voting mechanism that she wants to bring in.

Siân Berry Portrait Siân Berry
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I would not claim that a turnout of nearly 43% is a triumph, but the hon. Member has to admit that it is a good turnout compared with that of most local government elections.

Paul Holmes Portrait Paul Holmes
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I would argue that it is up to us as politicians and candidates in the election to advertise the position and generate excitement among the electorate, so that people vote for them. It was still 41%, I think, in the election that the hon. Lady cited; it was below half the total electorate, so this is not a panacea for improving electoral participation.

Also, I know that the hon. Lady was advocating for SV, but the Liberal Democrats have always been vehement in their approach to AV, despite the fact that they lost the national referendum that they managed to get on the AV voting system. [Hon. Members: “You gave it to them.”] We gave it to them because that is coalition, but they lost and we won, so I am quite happy with the outcome. They lost a test on the national system.

AV was used in mayoral elections and PCC elections when these positions were created, and turnouts were demonstrably low and very low in some cases—12% to 18%. They are now massively higher. Okay, they are not high enough, but they are higher now because they have become a constant and well-established institution in our voting system. That is not because of the voting system. It is because the system has been allowed to bed in and people have the choice of whether to elect a PCC or mayor or not. That is one of the bedrocks of our political systems today.

I thought I was triggered on the amendment where I saw the words “citizens’ panels”, but now I am even more triggered; we have a long history of speaking about citizens’ panels and citizens’ assemblies. As I said at the beginning, there is a clear need for local people to have a straightforward system that does what it says on the tin. The Conservative party will always believe that first past the post is the system that does that. Other parties want to gerrymander a system to try to suit their own preferred political outcomes.

The Minister said that directly elected people need to have the widest possible mandate and number of people voting for them. Her Prime Minister secured 32% of the vote in a national election and won a majority of the size that he did. [Interruption.] It is not a reason to support another system at all. I do not think that the Minister can advocate for a different voting system in one case, but then—the Government’s position is confused on voting systems—accept that a 32% vote share got well over 60% of the seats on a turnout, I think, in the high 60s. That is not exactly representative, either. The Government need to have a solid position on all kinds of elections, not just ones that suit their potential candidates.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Let me address amendments 312 to 314 first. I am happy and pleased that the hon. Member for Brighton Pavilion is keen on the supplementary vote system that we want to implement. The challenge to her amendment was summed up by the hon. Member herself in the final part of her speech. We are moving at pace because we want to drive through these reforms. We want to drive through the rewiring of the state and the devolution of power. However, we do not expect the Bill to come into force in time to restore the supplementary vote system for the elections in May 2026, as much as I would love us to.

Once the Bill is enacted, we will need to bring forward secondary legislation to implement the measures updating the conduct rules for these polls. Also, returning officers will need to prepare for polls under the new voting system and we need to ensure that there is sufficient time. Therefore, with all the will in the world, with the full gusto of the Government on what we are trying to do, we do not think we will be able to hit that timetable. But for subsequent elections, the new system should be in place.

On new clause 7 and the alternative vote system, I say two things. First, I again gently remind Liberal Democrat Members that there was a referendum on AV and 67.9% of voters rejected it at the time, so it is not clear that there is a groundswell of desire for that voting system. And critically, from our perspective, it is slower, more expensive to run and more burdensome. Therefore, we think that the system that we are proposing—supplementary votes—is the right and appropriate system and I ask hon. Members to withdraw or not press their amendments.

Question put, That the clause stand part of the Bill.