Cities and Local Government Devolution Bill [Lords]

Susan Elan Jones Excerpts

Tuesday 17th November 2015 Commons Chamber

[James Wharton]

Absolutely. That reflects the consensus we are trying to build around the Bill. Ours are the very actions of a listening Government working on a cross-party basis to deliver in everyone’s interests. Bristol was the only city to vote for a mayor in the mayoral referendums held in May 2012. We have considered the argument made, among others, by the hon. Lady—that the people of Bristol should have the same opportunity as those in other areas to petition for a change in governance arrangements. Clause 21 effectively places the people of Bristol in the same position they would be in had the mayoral referendum in 2012 been triggered by a resolution of the council or the receipt of a valid petition. Having carefully considered these arguments, we are prepared to see the people of Bristol in this position, and hence we support clause 21.

[Susan Elan Jones (Clwyd South) (Lab)]

The Minister has spoken about consensus. Of course, one issue, connected with the Bill, on which there is great consensus is the Government’s proposals to amend the Sunday trading laws—the great consensus being that we should not do it. Will he confirm that those proposals are not coming back, either in this Bill or in any other way?

[James Wharton]

I hear the hon. Lady’s comments, although I am not sure to which clause we are here to debate she refers. More generally, we always talk to hon. Members across the House and listen to the views of the public at large to determine the best course of action, but the issue she raises is not before the Committee this afternoon. As to what will happen in the future, she tempts me to go further than I can.

New clause 3, tabled by the hon. Member for Nottingham North (Mr Allen), would amend section 36 of the Representation of People Act 1983 to allow local areas to alter their systems for the election of councillors. His enthusiasm to push the boundaries of devolution, throughout our consideration of the Bill and more generally, has not gone unnoticed by Ministers or, I am sure, Opposition Members. When we last met in Committee, he flagged up the proposition that councils should be free to decide their own electoral arrangements in conjunction with their people. He suggested they should be able to have a debate and come to a decision.

I understand the hon. Gentleman’s interest in voter engagement, which, as I have said, we all share, and I note the devolutionary nature of his proposals, under which a council could decide its own electoral system. That said, he will be unsurprised to learn that I have some concerns about how such complex proposals would work in practice and whether there is an appetite for them. Local councillors are currently elected under the first-past-the-post system, which is a well-recognised and straightforward system, as we saw in the outcome of the referendum to change to the alternative vote system in 2011. I accept that that was in relation to UK parliamentary elections, but two thirds of voters chose first past the post over the alternative vote, suggesting there is no public consensus for change.

I have concerns about the potential confusion caused by the possibility of voting systems changing from one poll to the next. We can imagine the pressures that councils and councillors could come under in considering the systems they might wish to employ. There would be a natural desire to consider, or attempt to second-guess, whether there might be some political advantage in adopting a different set of arrangements or sticking with the existing tried and tested ones. Even if appropriate safeguards could be introduced, which themselves would add to the complexity of the arrangements, the practical processes of switching voting systems would still be complex and costly. For example, a change to the single transferrable vote could, in many cases, require a major re-warding of an entire local authority area.

These concerns might not be insurmountable, but the proposal represents a fundamental change to the building blocks of our democratic processes and would require significant consideration, development and consensus, and I am clear that the Bill, although both devolutionary and enabling, is not the right vehicle for such a change. On raising the proposal last time, the hon. Gentleman suspected that the idea might need to brew a little. He will sense from my comments that I believe it has brewed nowhere near enough. I therefore ask that he does not push it to a Division.

Finally, I turn to new clause 9, which would introduce a requirement through regulations for local government electors in an area to approve certain boundary and structural changes via a referendum. The boundary and structural changes involved relate to the establishment of new unitary local authorities, the merger of authorities or movement from one authority area to another. Clause 16 already gives the Secretary of State wide regulation-making powers regarding structures and boundaries. The regulations will allow modification of the existing processes, as provided for in the Local Government and Public Involvement in Health Act 2007, for making changes such as merging councils or moving to more unitary structures. These regulations can be made only where all the affected councils agree. I doubt it would be right to include a requirement for a referendum, and nor do I believe referendums to be sound practically in this context.

Our democracy is founded on the traditions and principles of representative democracy, which have served us well and stood the test of time. In general, we believe that decisions on public matters are made most effectively by those democratically elected to represent the area affected. All past experience suggests that this is the case with changes to local authority boundaries and structures. The democratically elected local representatives are best placed to take local decisions on these issues. Of course, they will want to take account of the views of the electorate—of those who live and work there, of businesses, of those who contribute to the life of local communities. However, how they seek these views—the kind of consultation exercises they undertake—is a matter for them. It is not for the Government to tell elected representatives how to undertake their roles.

Hence, it would not be right to require referendums—to require a particular way of ascertaining the views of local people—or for the result of such an exercise to determine the decision on proposed boundary or structural change. The referendums envisaged by the new clause would not be sound in practice. First, it would only require a referendum in a part of the area—the part becoming unitary, for example—yet such a change would have implications for the surrounding areas, so I am not clear that this approach would be right in any event. Secondly, such boundary and structural changes are almost invariably part of some wider reform. To present the question as simply one about some council structure or boundary risks being misleading and oversimplifying complex arguments. With those explanations, I hope that my hon. Friend the Member for Isle of Wight (Mr Turner), after what I am sure will be an interesting discussion, will not press his new clause.

In conclusion, I have explained that the Government cannot support new clauses 3 and 9. We are content for clause 21 to stand part of the Bill, but we are opposed to clause 20.