English Devolution and Community Empowerment Bill (Tenth sitting) Debate
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Main Page: Siân Berry (Green Party - Brighton Pavilion)Department Debates - View all Siân Berry's debates with the Ministry of Housing, Communities and Local Government
(1 day, 18 hours ago)
Public Bill Committees
Miatta Fahnbulleh
Clause 57 and schedule 25 will simplify and bring consistency to local authority governance arrangements. By abolishing the committee system, we will ensure that all councils operate an executive form of governance, providing clearer, more easily understood governance structures at a local level and more efficient decision making.
We will accept the continuation of the 13 legacy directly elected council mayors, while introducing measures to prevent the creation of any new ones. This will ensure a more consistent approach to governance and avoid the potential confusion caused by the establishment of new regional mayors for strategic authorities and mayors for councils. It is at this strategic level that we think the single focal point of leadership for the area and direct electoral accountability and mandate works best, and we believe this provision delivers the right powers in the right places.
Siân Berry (Brighton Pavilion) (Green)
It is a pleasure to see you in the Chair this afternoon, Ms Vaz.
I rise to speak against clause 57; I believe it is extreme control freakery and overreach from the Government and in no way essential to this Bill. Why impose a leader and cabinet model on all councils, even against their will, along with all these other changes? The Government can see only the benefits and, like a poorly run council, they ignore the critical risks.
Good governance benefits in many places from a deeply involved voice for principled opposition councillors to vote on policy, check the numbers, put forward good ideas and raise mission-critical questions about issues such as fire safety, service quality or big projects and contracts, even when that is uncomfortable for the administration. Places need the right to choose, democratically, a new model of governance when appropriate—especially when councils face problems and need a fresh start.
Changes of this sort are sometimes made after a crisis or a period of problems; I will talk in the next debate about changes made by referendums. I hear the claims of stagnation and indecision often levelled at committee systems, but I point out that under the current system people who see that happening have the right to change the model and try something else. A new administration can vote to switch to a leader and cabinet for a period, or to a mayor, if it wishes, or the people can make the change themselves by calling a referendum. The Government want to take away all that choice. That is very wrong and this clause is overreaching in the extreme.
Given the exceptions being made for mayors in the mandate for leader and cabinet, it seems that the committee system is the one most under attack from the Government in this Bill, so I want to provide some words and examples from cross-party local councillors about its benefits for their areas. In July 2025, Sheffield city council voted unanimously for a motion defending its democratically chosen model, stating that
“the benefits of the Committee System demonstrated in Sheffield include: greater collaboration across political groups in policy formulation and in decision making; overcoming party political tribalism and focussing on areas of agreement, not antagonism; improving the culture of the Council, with officers and Councillors focusing on what is best for the city; all Councillors being involved in the decision-making of the Council, and greater accountability to the electorate; and improved outcomes for the residents of Sheffield”.
That is a cross-party view.
Sam Carling (North West Cambridgeshire) (Lab)
I ran a constitution review for Cambridge city council while I was a councillor there, and we spent a lot of time talking about the committee system versus the cabinet system. Does the hon. Member not agree that what she has just described is an example of really positive culture in a council, which can be had regardless of the governance system? Does she also agree that the key thing about the committee system is that it is slow, inefficient and leads to much worse scrutiny? Under a leader and cabinet system we have scrutiny committees, and we end up with much more detailed questioning of evidence in those than in a committee system.
Siân Berry
I implore the hon. Member to listen to the rest of my speech and further points I shall make on other amendments. In Sheffield, at the same time, the council resolved unanimously that
“Sheffield benefits from fairer, more representative governance arrangements, and that people expect the Councillors they elect to have a vote on the decisions that affect them”.
Bristol also has a committee system, and Bristol Green councillors have told me how their cross-party committees have had a series of task and finish groups, where policy is developed with the input of councillors from all parties. They say that, while everyone does not always agree, this process allows for much more rounded development of policy ahead of implementation, not just scrutiny afterwards or divisive call-ins. There is rich debate, with more voices taking part in it.
Those councillors also say that the committee system also allows for back benchers to have more influence and input, with a positive effective on equalities as well, so that more councillors with a variety of different characteristics have space to input, and that, in turn, has a positive effect on policy development. New councillors also have more of a chance to develop their skills and interests than under a cabinet model, where only a handful of councillors have proper influence and are hand-picked by the leader or mayor in many cases. Sheffield councillors also say:
“The critical budget-setting process has worked better in Sheffield since the committee system was introduced, avoiding last minute wrangling and hasty deals between the parties. This is because the detail of the budget process is worked through each Committee in the months leading up to the budget, so all councillors are involved. This contrasts with the last budget brought under our Cabinet system where the budget proposal was voted down as the council meeting descended into chaos.”
I also urge the Committee to note that none of the councils that have issued section 114 notices in recent years have been run under a committee system. Worcestershire city council has had a committee system since 2017, implemented after a council motion that was proposed by Conservatives and seconded by Greens. Councillors there tell me that they see scrutiny within the committee system working really well to improve policy before any decisions are made, and it has improved cross-party working relationships and helped to build consensus.
The council has also been independently praised for its collaborative approach, and was commended in the Local Government Association’s corporate peer challenge in April, which said:
“The peer team found evidence of good governance across the organisation. The peer team found there was positive Member collaboration across political groups which makes the most of the opportunities in this type of governance and there was comprehensive coverage of council business at Policy Committees”.
I can speak on cabinet governance from my previous experience as a councillor in a Labour council, as it is currently the choice of the Labour administration in Brighton and Hove, where my constituency sits. Cabinets can obviously be quicker to act through a rapid decision-making process, but that has risks too. For good reason, the saying is not “Measure once, cut once”. I have noticed a disturbing trend of scrutiny committee time being squeezed by leaders and cabinets, with some councils having just one broad scrutiny committee—I did not experience that and I honestly cannot even imagine it working in agenda terms.
A single scrutiny committee has, by definition, only a limited time to examine a wide range of upcoming decisions in any detail, and surely has no space on the agenda for the kind of through pre-decision scrutiny or issue-based evidence gathering to generate ideas or feedback on services that good scrutiny committees also do, and which I have seen. There are further risks; along with maintaining first past the post, the leader and cabinet model preferred by the Government is a recipe for seeing purely one-party decision making in more places, overriding all opposition voices when key decisions have to be made. One-party states are not more efficient or effective.
Manuela Perteghella
Does the hon. Lady agree that the heart of the issue is actually choice? In this brave new world of unitary councils, local councils should have the ability to choose and shape their own future governance model.
Siân Berry
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”.
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.
Siân Berry
I beg to move amendment 315, in schedule 25, page 251, line 1, leave out “Duty to move” and insert “Moving”.
This amendment, alongside Amendments 316 to 325 makes the Bill’s provision for legacy committee systems match the provisions for legacy mayor and cabinet executive systems, while maintaining the prohibition on new systems other than leader and cabinet executive.
The Chair
With this it will be convenient to discuss the following:
Amendment 318, in schedule 25, page 251, leave out lines 9 to 19.
This amendment is related to Amendment 315.
Amendment 316, in schedule 25, page 251, line 10, leave out “must” and insert “may”.
This amendment is related to Amendment 315.
Amendment 319, in schedule 25, page 251, leave out lines 27 and 28.
This amendment is related to Amendment 315.
Amendment 320, in schedule 25, page 251, leave out from line 33 to the end of line 7 on page 252.
This amendment is related to Amendment 315.
Amendment 321, in schedule 25, page 252, line 8, at end insert “or committee systems”.
This amendment is related to Amendment 315.
Amendment 322, in schedule 25, page 252, line 12 after “executive” insert “or committee system”.
This amendment is related to Amendment 315.
Amendment 323, in schedule 25, page 252, line 14, after “executive” insert “or committee system”.
This amendment is related to Amendment 315.
Amendment 325, in schedule 25, page 252, line 18, after “executive” insert “or committee system”.
This amendment is related to Amendment 315.
Amendment 326, in schedule 25, page 252, leave out lines 20 to 24.
This amendment removes provisions relating to the discontinuance of the committee system.
Amendment 327, in schedule 25, page 254, leave out paragraph 7.
This amendment removes provisions relating to the discontinuance of the committee system.
Siân Berry
Having spoken about clause 57 as a whole, I will now speak to amendment 315 and the other amendments in the group, which support its goals. As the Government will not listen and have not removed the clause, the amendment is essential. It is about fair play. While maintaining the prohibition on new systems other than leader and cabinet executive, it would simply match the Bill’s provision for legacy committee systems to that for legacy mayor and cabinet systems.
Allowing places that have chosen committee systems to choose for themselves whether to change their governance back is important. I will highlight briefly, for the record, the story of two places that have chosen by referendum, driven by the people, to move to committee systems, and their case for allowing their choice to stand, unless and until they decide to make a different choice. As the Local Government Association told us in its evidence, it is not right for these democratic decisions to be disregarded. Councils using the committee system should be allowed to retain their governance system until they or their communities choose to move to a leader and cabinet system.
My first example is Sheffield. This is from the Green councillors, and the full story is available in their written evidence. Sheffield is a good example of the committee system being a success and making things better for residents after a crisis. Over time, the people of Sheffield became very dissatisfied with how the council ran things under the cabinet model, and particularly its disastrous handling of the long-running street trees fiasco. That brought Sheffield into disrepute. The Lowcock report on the eventual independent inquiry into the street trees dispute found:
“While a Strong Leader cabinet model with fewer checks and balances arguably gives authority to get things done, it can also, as in this case, enable the wrong things to be done without serious challenge.”
The ruling administration of Sheffield city council never agreed to switch to a committee system; that was people power. More than 26,000 people signed a petition demanding a statutory referendum. On 6 May 2021, the people of Sheffield voted by 65% to 35% to require the council to change to a committee system. For Sheffield, the committee system works better. The Green councillors told us:
“We know from talking to our residents and our election campaigns that people wanted to see parties working together”
after all this strife. They continued:
“They wanted to see an end to secretive decision-making behind closed doors and they wanted to see all the councillors taking responsibility for making decisions, not just a select few...There has been a culture shift, making working conditions better for staff, as well as improving outcomes for residents of the city. Even amongst those who were doubtful of the benefits of the committee system, very few argue for a return to the Cabinet regime.”
As mentioned in my last speech, the council voted unanimously to defend the committee system against the changes in the Bill. In June 2025, the Labour leader of the council issued a statement, with cross-party support:
“Since its implementation, and the publication of the Lowcock Report in 2023, we have been on an improvement journey to listen, change and rebuild trust with the city, a journey which was recognised in our recent nomination for Most Improved Council at the LGC Awards.”
My second example is Bristol city council, which changed after a referendum in 2022 from mayor and cabinet to a committee system. The Liberal Democrats proposed the motion to Bristol city council to bring about the referendum. It was seconded by the Greens and supported by the Conservatives. The city was given the choice of continuing to have a mayor and cabinet or changing to a committee system. The referendum result was 59% in favour of the change.
The people of Bristol, by a sizeable majority, expressed their dissatisfaction with the mayoral model, and cited a desire for more transparency, less tribalism and less power concentrated in one person as reasons for moving to a committee system. Under the new system, the people of Bristol now expect all councillors to take part in making decisions that affect the city, and that all councillors and political parties should work within the committee system to the benefit of local residents.
There has been more public engagement too since the committee system came in. There have been more public questions and statements, with each committee having a public forum. There has been a marked improvement in the governance of the city with this refreshment of the governance model. That has been evidenced in council worker surveys and through feedback from residents. Far from the predicted slowing down of policymaking, policies have been developed in good time and delivered, and many people have commented on the overall improvement in the working culture of the council.
The people of Bristol have now twice rejected a leader and cabinet model via referenda, once in 2012 to vote for a mayoral model, and again in 2022 in favour of a committee system. Those were local decisions, and to overturn the most recent decision only three years after it was made, without another referendum, would directly overturn the clear democratic mandate of the people of Bristol. It is not in the spirit of devolution to not respect places that have chosen what kind of local governance suits the people of that area. If people vote for a committee system in a referendum, they think it will work for them. It is not about what members of the governing party think will work or would like to operate, and it is not up to them to impose that on places where they are not in power.
My amendment is constructive: it respects the way in which the Government want to create new authorities. However, where authorities that remain in place and have made a decision, the Government need to be consistent between legacy policies for mayoral authorities and legacy policies for committee systems. I hope the Government will act and make the schedule consistent in what legacy systems it respects. I commend the amendment to the Committee.
Siân Berry
I am grateful for the Minister listening to those important points, which I stress again are cross-party points. I look forward to seeing further developments on the clause, I am happy to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Siân Berry
I beg to move amendment 336, in schedule 25, page 253, line 25, at end insert—
“Duty to introduce code of conduct, inductions and ongoing training (England)
4A (1) Every local authority must adopt and enforce a code of conduct for elected members that—
(a) includes provisions addressing harassment, discrimination and online abuse; and
(b) provides for independent investigation of alleged breaches, overseen by the monitoring officer.
(2) Every local authority must provide a structured induction programme for all newly elected members, which must include—
(a) professional standards and responsibilities;
(b) equality and diversity duties; and
(c) family-friendly and inclusive working practices.
(3) It is a duty for local authorities to provide further such training every two years following the election of new members to the authority.
(4) Local authorities must also make provision for continuing professional development for elected members.
4B (1) A monitoring officer’s functions shall include responsibility for—
(a) investigating breaches of the code of conduct in accordance with paragraph 4A of this schedule;
(b) promoting councillor welfare and wellbeing;
(c) ensuring compliance with equalities duties; and
(d) maintaining transparent procedures for the handling of complaints.
(2) Every local authority must publish an annual report on complaints received by the monitoring officer, including—
(a) the number of complaints received, and
(b) outcomes of those complaints.”
This amendment ensures that all local authorities are required to maintain clear and enforceable codes of conduct for councillors, tackling harassment, discrimination and online abuse and mandates induction and continuous training on equalities and conduct. It embeds and extends independent oversight by monitoring officers.
The amendment deals with a separate matter of inclusive practices. It is aimed at improving more diverse access to elected office and arises from work I have been doing with the organisation Elect Her, which aims to motivate, support and equip women in all their diversity to stand for political office in Britain, and to nurture an ecosystem of organisations reshaping the political system so that all women can thrive once elected. Its research found that weak codes of conduct, poor induction for new councillors and lack of financial recognition all deter women from entering and continuing in office. The amendment would help deal with that.
Elect Her’s report on Scotland by demonstrates how inclusion can improve when councils adopt stronger codes of conduct, structured induction and clear reporting mechanisms. The amendment would introduce a duty to have a code of conduct for elected members, which would include provisions against harassment, discrimination and online abuse. It would provide for independent investigation of alleged breaches overseen by the monitoring officer, and a structured induction programme for newly elected members.
Setting the stage for behaviour is crucial, particularly when new councillors are elected, before things start to go wrong. The programme would include important information and training on professional standards, equality and diversity duties, and family-friendly and inclusive working practices. It would also mandate that the training should be refreshed, particularly following the election of new members. Continued professional development is also covered by the amendment. It asks monitoring officers to investigate breaches of the code of conduct and gives them duties to promote councillor welfare and wellbeing, equalities duties and transparent procedures for complaints. It also asks for an annual report on complaints.
The provisions are sensible suggestions that I hope the Government will take up. Although I will not press the amendment to a vote, it speaks to the fact that while we have discussed potential problems with workload that councillors in these new authorities may have, which are also inclusion issues in some cases, the Bill could more directly address some of the issues that we know affect people’s ability to carry on in the job. We have received disturbing evidence from Elect Her on the extent to which councillors report abuse. We know that women and minorities are disproportionately likely to experience abuse, and we have a duty to do what we can in the Bill to make being a local councillor a more inclusive job. My amendment addresses some of the systemic barriers that might stand in the way of local democracy truly representing all of our communities. I hope the Government will look again at the options.
Miatta Fahnbulleh
The Government fully understand that greater devolution relies on local authority members embodying the highest standards of conduct, so we absolutely agree with the spirit of the amendment. We have consulted on proposals for comprehensive reform of the standards and conduct framework for local authorities in England. Our response to the consultation will be published shortly and will set out in detail the scale of our ambition for a whole-system reform of the standards and conduct framework.
Our ambitions go significantly further than the amendment in terms of introducing a clearer and consistently applied framework for standards and conduct, and ensuring misconduct is dealt with swiftly and fairly in every type and tier of local government. We will bring forward legislation as soon as parliamentary time allows, so I ask the hon. Member for Brighton Pavilion to withdraw the amendment.
Siân Berry
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Manuela Perteghella
I beg to move amendment 250, in schedule 25, page 254, leave out lines 3 to 12.
This amendment retains the statutory requirement for public notices to be published in printed local newspapers.
Siân Berry
I beg to move amendment 264, in clause 58, page 60, line 25, at end insert—
“(e) requiring that local engagement activities under paragraph (d) meet minimum standards to ensure meaningful community participation, including—
(i) the use of deliberative processes such as citizens’ panels, assemblies, or community conversations;
(ii) the active inclusion of communities most likely to be impacted by the policy measures, and communities underrepresented in policy making; and
(iii) reporting, and publication of resulting reports, on how community input has influenced local plans and decisions;
(f) providing existing local democratic bodies, including parish and town councils, with appropriate powers, funding and infrastructure to support and facilitate such participation.”
This amendment requires regulations on neighbourhood governance to set minimum standards for involvement, including deliberative processes, inclusion of underrepresented groups and transparency.
This is a really important amendment. It proposes a minimum standard for meaningful community involvement be added to this part of Bill on neighbourhood governance. It aims to put people at the heart of the new local decision-making structures by setting minimum standards so that community involvement is inclusive, uses deliberative methods and clearly shows how people’s views have shaped decisions. It would also give local councils the powers and funding that they need to make that happen effectively. The problem with the Bill as it stands is that “appropriate arrangements” is left undefined. That risks weak or inconsistent community participation. The amendment would ensure that the arrangements meet minimum standards and would make engagement consistent, inclusive and transparent.
The Bill’s success depends on whether it achieves what the Minister has been assuring us of throughout these proceedings: a shifting of democratic power. It needs to ensure that decisions are made with people rather than consulting them or imposing on them. I am sure we are all aware of the ladder of engagement, where final decisions are simply waved in front of people for consultation. That is the bare minimum and, in many ways, the worst form of engagement with the public. People will often look at a big proposal and respond in great detail, only to then see that nothing has changed. That really undermines trust. We need to make sure that people can see how their voices are shaping outcomes at a local level. This amendment would enable us to rebuild public trust through the Bill.
We need to ensure that we actively facilitate and enable community participation, and it is important that it is properly funded. Doing a consultation is a very separate thing to participation. We do know that people want participation. Demos polling from 2024 found that 63% of the public would very likely accept an invitation to take part in participation exercises of this kind, but 41% said that they would be less likely to take part if they believed that the Government would not listen to what they had to say. I recognise that the Bill presents the opportunity for secondary legislation to fill these gaps, but if the Government cannot support the amendment, it would be helpful for the Minister to put clearly on the record that those regulations would include deliberative processes, real involvement and reporting back on the ways in which decisions are changed, as the amendment would require.
Miatta Fahnbulleh
I am pleased to see the focus on community engagement in this amendment. However, we already have powers to set standards for local engagement through regulations, and that is what we will do. We are currently working with local government and the community sector to understand what best practice looks like and what is already happening on the ground. My view is that it is right and appropriate that different principal authorities work out the best way to engage their communities, which can be very diverse and will need different approaches.
We are clear that principal authorities can and should already be working to support their communities through meaningful and robust community engagement and coproduction. The very best councils already do that, and we have examples of that across the country. It does not always happen in the way that it does with the very best, so we will work with and support councils to have meaningful community engagement. At the heart of this is giving communities and residents—people in our localities—proper voice, agency and ability to drive decision. We will ensure that we design this in a way that enables and supports that.
Siân Berry
I appreciate the detail of the answer that the Minister is giving me, but I would like some further reassurance that poorly performing councils will face some sort of redress under the system that she is talking about.
Miatta Fahnbulleh
As I said, for this to work, we need councils to enable it. We will introduce a set of measures including peer-to-peer support—so, where we have great practice, sharing it with other councils—as well as capacity building and training, in order to make sure there is meaningful community engagement, because we believe it is fundamental. If we get this right, it is fundamentally about empowering our communities and residents. Every tier of government, from national Government through to strategic authorities and local authorities, will all have to play their part to ensure we do that well.
Siân Berry
I am content with the Minister’s response, so I beg to ask to leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
I beg to move amendment 222, in clause 58, page 60, leave out lines 31 and 32 and insert—
“‘local authority’ means—
(a) a county council,
(b) a district council,
(c) a London borough council;”.
This narrows the types of local authority in England that are bound by the requirement to make arrangements to secure effective neighbourhood governance.
Siân Berry
Amendments 312 to 314 aim to achieve the same thing: formally guarantee the introduction of the supplementary vote system, which is already being legislated for, at next year’s local mayoral elections, including the newly established combined authority areas of Greater Essex; Hampshire and the Solent; Norfolk and Suffolk; and Sussex and Brighton, in which my constituency lies.
The Government have clearly admitted, accepted and legislated for the need to return mayoral elections to a more proportional system—in this case, supplementary vote, which achieves a majority vote for whoever wins. The Secretary of State for Housing, Communities and Local Government said on Second Reading:
“We are backing the ambition and untapped potential of local areas with a more ambitious role for the mayors representing them. That must be underpinned by elections that command public confidence. Because of changes made by the last Government, mayors can be elected on just a fraction of the vote, despite serving millions of people and managing multimillion-pound budgets.”—[Official Report, 2 September 2025; Vol. 772, c. 185.]
I will give a few examples of the election outcomes we might expect if we go ahead with next year’s elections under first past the post. I remind the Committee that the results will be baked in for four years in each case and have serious implications.
Andrew Cooper
We have established a principle in this country of changing our electoral system via referendum. We had a referendum on the alternative vote system during the coalition era. The Bill is going to switch the system back to single transferable vote as it was when it was originally envisaged, so I believe that it is fair enough to go ahead without a referendum. But what the hon. Lady is proposing would be to change to an entirely different system without any democratic mandate to do so.
Siân Berry
I want to clarify that I am talking about the supplementary vote for mayoral elections in clause 59.
To return to some examples of mayoral elections under first past the post with results that are not optimal for democracy or public confidence: the 2025 Cambridgeshire and Peterborough mayoral election saw Paul Bristow elected on 28.4% of the vote, with a turnout of 32.9%. That gave 9.3% of the entire electorate a satisfactory result.
In none of my examples am I saying that the result was wrong, but they are not results that clearly command the confidence of a majority of the people in the area —that may well have been the case had a second vote been counted, but no second vote was allowed. I do not think that is a good way to conduct things. The 2025 West of England mayoral election saw Helen Godwin elected on 25% of the vote. With turnout at 30%, that gave 7.5% of the entire electorate a satisfactory result. The 2025 Hull and East Yorkshire mayoral election saw Luke Campbell elected on 35.8% of the vote. With turnout at 29.8%, that gave 10.7% of the entire electorate a satisfactory result.
In contrast, the last election held under the supplementary vote system in 2022 for South Yorkshire saw Oliver Coppard elected with 71.4% in the second round, up from a first round vote of 43.1%. That is a sea change in confidence and mandate compared with some of those marginal wins on a small turnout that we have seen in other areas.
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
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.
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
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.
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.
Siân Berry
I will speak briefly on new clause 51. It is really encouraging that there is a cross-party effort to reinvigorate community ownership funding, which has lapsed. Although I am excited about the pride in place funding, which is quite extensive and goes into local areas in quite an intensive way, I think the community ownership angle of that is limited to the geographic area covered. Things such as sporting assets or community assets that serve a whole town may not be within that area. I would like to hear from the Minister that, if she will not accept new clause 51, something will be done for other parts of the country to ensure a fund to support community ownership.
Miatta Fahnbulleh
I will try to work through all the amendments. Let me start with amendment 373. I appreciate the commitment of the hon. Member for Stratford-on-Avon to protecting historical assets. The Government are proud to support communities to celebrate heritage buildings and assets, and there are already protections in place for them to do that. Historical buildings that are valued by local communities, but do not meet the criteria to be nationally listed, can be listed by local authorities as non-designated heritage assets. That protects them through the national planning policy framework, so the protection is already there.
On amendment 40, I reassure the Committee that we already have established processes in place to ensure that local authorities are adequately funded to deliver new policies, and this is no exception. The new burdens doctrine requires that all new responsibilities placed on local authorities are properly assessed and fully funded by the relevant Department. We are assessing the cost of the process for local authorities and will provide new burdens funding accordingly.
On amendment 41, I can confirm that we are assessing the costs of independent valuation to local authorities. Where the owner and community buyer cannot agree a purchase price for an asset through negotiation, the local authority must appoint an independent valuer. We will provide new burdens funding to meet those costs accordingly, once assessments have been finalised and tested with local government. I hope that that provides some assurance.
On amendment 374, we know that some community groups may not come forward as they do not have the capability or capacity to put together a bid for an asset. The intention of the 12-month sale period is to give communities time to organise and to raise the funding required. We will continue to work with community organisations to ensure that they have the support to do so. Requiring local authorities to step in to purchase assets where there is no community buyer would put too much of a burden on local authorities, and we could end up with local authorities taking over and having to run theatres and pubs. Although those assets might have value for the community, that does not feel appropriate for a local authority.
We think we have the balance right and that this measure is proportionate. As my hon. Friend the Member for Banbury said eloquently, however much we might want a particular asset to stay in its original form, sometimes that may not be viable. We do not want buildings becoming dilapidated when they could be retained in a different way.
On amendment 42, we are already putting requirements on local authorities to enable and facilitate this process. For example, they must arrange that joint meeting between the asset owner and the community buyer at the start of the process and enable that process of negotiation and, as I have said, local authorities again need to step in to provide the independent valuer if negotiations fail. We think that is the right role for the local authority, not least because it has to be an arbiter in the process.
However, we want there to be enough capability across all our communities, irrespective of the level of social capital, to be able to take on these powers. There is a range of community organisations with the expertise and experience to provide this kind of support to communities, such as Plunkett, Power to Change and Locality, and we are working with those organisations on the additional support that they can provide to communities across the country.
Amendment 249 would restrict what an asset owner can do with their property once listed. We think that it is ultimately up to local planning authorities to consider planning applications in accordance with their development plans and other material considerations. That could include the listing of an asset of community value. The weight afforded to material considerations in making the decision will be decided on a case-by-case basis, and we think it is right that that is left to the local planning authority.
Critically, the national planning policy framework already includes important safeguards to protect against the unnecessary loss of social, recreational and cultural facilities that serve an important value for the community. We think that the balance between what already exists in the planning system and the protections that we are providing through the community right to buy is right and appropriate.
Finally, on new clause 51, let me be clear: this Government are absolutely committed to empowering our communities. We are giving communities everywhere the power to take ownership. Our pride in place programme, which the hon. Member for Brighton Pavilion talked about, is providing £5 billion over 10 years to support 244 places, to enable and support them to take on such community assets of value.
We will continue to review this area, because we are committed to communities having a stake in and ownership of their assets, and we are committed to doing our part as a Government to enable them to do that. With that, I ask the hon. Member for Stratford-on-Avon to withdraw her many amendments.