English Devolution and Community Empowerment Bill (Fifth sitting) Debate

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Department: Ministry of Housing, Communities and Local Government
Manuela Perteghella Portrait Manuela Perteghella
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I do not think we are seeing that at the moment. We are not seeing it with metro mayors or combined authorities, so that is why we would like to see a mandatory duty to convene.

Mayors wield significant powers over transport, housing, skills and regeneration, and it is imperative that local councils and community representatives are included in conversations about how such powers are used. New clause 42 would also promote joined-up public service delivery, because regular meetings with all stakeholders, including the first tier of councils and local services, will eventually result in better co-ordination on cross-cutting issues, which could be regional.

The measure would also—I will say this again and again—strengthen accountability and transparency in this new, exciting, revolutionary programme. Residents should be able to see that their local leaders are meeting openly and regularly, working together on the priorities that matter most to their communities. The new clause would ensure that. Fundamentally, the point of devolution is to bring power and decision making closer to the people whose lives are directly affected by those decisions.

Siân Berry Portrait Siân Berry (Brighton Pavilion) (Green)
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It is a pleasure to serve under your chairmanship, Mr Stuart—my huge apologies for arriving late to proceedings.

I want principally to talk about new clause 19, in my name, which sets out a duty on mayors to establish a citizens assembly. It would place on the mayor of a strategic authority a duty to convene, within the first year of their election and at least once annually after that, a citizens assembly consisting of local people. There would be an additional non-legally binding duty to take account of the recommendations of the citizens assembly. The new clause defines the term “citizens assembly”, and its account of the method of selection and the need to be representative of the local community are taken from descriptions of citizens assemblies that have already been commissioned by Parliament, including on climate change.

A lot needs to be done to the Bill to help it live up to its title. There is a real need for this kind of empowerment.

Lewis Cocking Portrait Lewis Cocking (Broxbourne) (Con)
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In a certain way, the citizens assembly is the electorate, and there is an election for mayors. Why does the hon. Lady feel the need for more engagement and more citizens assemblies, when there is a ballot and a free and fair election?

Siân Berry Portrait Siân Berry
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I take the hon. Member’s intervention in good spirit. I will talk about the ability of a standing citizens assembly not simply to react—even voting, at the end of a mayor’s term, is a reactive act—but to consider and make proposals. Mechanisms for getting ground-up proposals from the local community are lacking in the Bill.

Perran Moon Portrait Perran Moon (Camborne and Redruth) (Lab)
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For clarification, when the mayor is not meeting one of the 80 parish and town councils, they would be meeting a citizens assembly. Can the hon. Lady give an example of any precedent, anywhere, of a mayor meeting with and reporting to a citizens assembly, or is this a new proposal?

Siân Berry Portrait Siân Berry
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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
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Will the hon. Lady give way?

Siân Berry Portrait Siân Berry
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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.

Mike Reader Portrait Mike Reader (Northampton South) (Lab)
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I am a Labour party member, so I love a meeting that is a talking shop—anyone who has ever been to a constituency Labour party meeting will know exactly what my experience has been. The idea behind a citizens assembly is really positive—empowering people—but I see a couple of challenges. First, on the Energy Security and Net Zero Committee we looked at how we get community empowerment, and we could not find a single piece of evidence that said that standing citizens assemblies actually make a difference. They become a talking shop. Could the hon. Member give us an example of where a citizens assembly has successfully happened? That would give some precedence and make it more than just a great idea.

Siân Berry Portrait Siân Berry
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That is a good question. Certainly, the evidence from the citizens assembly that was commissioned by Parliament to look at climate change has been extensively used by the Climate Change Committee when thinking about what interventions in climate policy would work and be more successful. I would enjoy it if more councils put together citizens assemblies on things like traffic reduction policies, because often it is the loudest voices, who are already empowered to talk in public, who are listened to most on such issues.

The closest comparison is to a jury. People respond incredibly well, individually, to being part of a citizens assembly—to the idea that they can consider the issue in the way that they choose as a group and to the way that their recommendations are then listened to. It is empowering. The fact that the title of the Bill has empowerment in it has prompted me to want to talk about citizens assemblies.

Vikki Slade Portrait Vikki Slade
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I am really sympathetic to the idea of citizens assemblies. In fact, when I was at Bournemouth, Christchurch and Poole council, we looked at how we could create something that was representative of different types of community—a quasi-citizens assembly—including carers, young people and employers, to get more genuine breadth. Having looked at citizens assemblies, the cost per assembly can be hundreds of thousands of pounds. Within the hon. Member’s vision for the new clause, does she have any idea of what the costs might be? Those might need to be balanced.

Siân Berry Portrait Siân Berry
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When I was a local councillor, we spent tens of thousands of pounds on a citizens assembly—again, that was to look at climate measures and issues around reducing traffic and air pollution. I believe it is good value.

Sean Woodcock Portrait Sean Woodcock
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As a Cherwell district councillor I was very keen on promoting citizens assemblies for the purpose of discussing climate change, but that is not the only thing that people might want to gather to talk about. Is the assumption that the subject would be prescribed by the mayor, or would it be okay for a citizens assembly to get together to discuss the death penalty, immigration or whatever? Could the hon. Lady clarify that?

Siân Berry Portrait Siân Berry
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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
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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.

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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
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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
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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.

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David Simmonds Portrait David Simmonds
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The purpose of amendments 297 and 298 is to forestall the possibility—with reference to the Minister’s earlier comments—that, when in response to a request to collaborate or engage with an issue an organisation legitimately says it is not prepared to do so, that is followed by multiple repeated requests, which would create a situation in which there was a foreseeable conflict that should be avoided. That is the purpose of the amendments, which sit together. We will see what the Minister has to say about how that particular risk will be managed.

Siân Berry Portrait Siân Berry
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I am speaking to clause stand part. Broadly, I very much support the duty. I do not agree with the amendment moved by the Conservatives. I cannot see how that would be logical or work when a mayor or council might well change. Similarly, in the sense that I would like it clarified today, I raise the issue of why the clause only seems to allow for collaboration between pairs of mayors. The various proposed new sections for the different Acts in this clause—often in the proposed new subsection (4)—seem to mandate that the two areas must be adjoining. A mayor may therefore only make a request to a neighbour, and I do not think that they may request to collaborate with a number of neighbours. However, a key transport connection in the strategic rail or road networks could lie in the next mayoral area beyond. A mayor might want to approach the other mayor about the possibility of collaborating on approaching Great British Railways about some financing ideas, for example. Likewise, a key hospital or employer might be in a nearby mayoral area that is not adjoining—a collaborative project at a strategic mayoral level might still be appropriate.

For a mayor in the middle, potentially a chain of collaborations could be set up, but were it a transport link, if the mayor in the middle was not that bothered or was focused on other things, such as digital tech rather than transport links, they might be able to stand in the way. I want to check whether the clause needs some amendment to allow for more flexibility in how mayors collaborate, and with which other mayors.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I note that amendments 297 and 298 relate only to the mayors of combined authorities and combined county authorities, not to the Mayor of London. That inconsistency runs contrary to the Bill’s goal of standardising and simplifying arrangements across England. More broadly, the clause already gives mayors discretion to decline a request to collaborate. The provision is intentionally flexible—it would not be appropriate or practical to prescribe those interactions in statute in advance. Any issues around repeated or unreasonable requests can be addressed through statutory guidance, to which mayors must have regard. That guidance will set clear expectations for constructive engagement without imposing unnecessary legal rigidity. Mayors should retain the freedom to initiate or decline collaboration requests as they see fit, provided they act reasonably and in accordance with any guidance.