(6 days, 23 hours ago)
Public Bill Committees
Vikki Slade (Mid Dorset and North Poole) (LD)
I beg to move amendment 364, in schedule 19, page 200, line 17 at end insert—
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require combined authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
The Chair
With this it will be convenient to discuss amendment 365, in schedule 19, page 202, line 14 at end insert—
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require mayoral combined county authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
Vikki Slade
I am a little confused, Dame Siobhan, because amendments 352 and 353 are in the same grouping. I am assuming that you will return to 353.
I am grateful for the support of the hon. Member for Brighton Pavilion who has also signed amendment 364, along with my hon. Friend the Member for Stratford-on-Avon and my hon. Friend the Member for Guildford (Zöe Franklin). Amendments 364 and 365 are a simple pair of amendments; they are identical in wording, but one applies to a county combined authority and one to a combined authority. It really is quite straightforward: economic growth should not be off the back of public health and environmental damage. If a local authority is going to drive economic growth by, for example, creating a large industrial estate that will damage air quality or create incredible congestion, it is not paying attention to the environmental factors.
I am sure that the Minister will tell us that all those things form part of a decision on a planning application. However, if this Government are genuinely committed to their international and national obligations on climate change, and if they are committed to reducing health inequalities, in which we know air quality is a major factor, it seems a small thing to make these amendments, which would assure that mayors—who may not have the same commitment as the Government to protecting air quality and our environment—must identify the contributions.
Interestingly, schedule 19 provides that the local plan must include all the economic factors and list their impact. Adding environmental factors would be a minor change. We will press the two amendments to a vote.
The Chair
I remind Members, and myself, that regardless of how amendments have been grouped for debate, we will take decisions on them in the order that they appear on the amendment paper. We will therefore come to a decision on amendment 353 once amendment 364 has been dealt with. I am sure that that is now clear to everybody.
Miatta Fahnbulleh
I share the hon. Lady’s concern and her view of the importance of environmental and climate change targets. The economic plans of any strategic authority must be compatible with our legal targets for those core considerations.
National Government and local government at all levels, along with business and individuals, must continue to make a contribution to tackling climate change and improving the quality of the environment around us. I refer the hon. Lady to the local growth plans that are already in place and the actions of mayors who are already in place, which show that a regard for climate change and air quality obligations is a driving force.
Vikki Slade
There is a big difference between what has been done by mayors who have gone before and creating mayors across the whole country. The new mayors will have very different backgrounds and landscapes, both geographical and political, to deal with. The word “hope” has done a lot of heavy lifting today, and although I also hope that all these mayors are as great as some of the mayors who have gone before, the Minister has more confidence in them than I do. Legislation is there to ensure that we are not reliant on the good will of hard-working people in political posts, and to protect us from people who may achieve political office and then seek to create something that we will have to undo, at great cost to our economy and health.
Miatta Fahnbulleh
I have a lot of sympathy with the hon. Lady’s point. Mayoral strategic authorities are already subject to the recently strengthened biodiversity duty, which supports the delivery of legally binding biodiversity targets. We have seen that mayors have complied with the duties on local authorities around air quality and producing air quality action plans. Those have shown to be effective in London. The principle and the intention are that we are baking our climate and environmental obligations into the way that we are thinking about how we drive the economy. We will reflect on the guidance that comes alongside local growth plans to ensure that, across the piece, those national obligations are reflected in every tier of Government. The hon. Member has my assurance that we will reflect on it, and I ask her to withdraw the amendment.
Vikki Slade
I am minded to press the amendment to a Division, so that our commitment to this is on record. I hope that the Minister will take onboard that this is done in good faith.
Question put, That the amendment be made.
Vikki Slade
I beg to move amendment 52, in schedule 19, page 201, line 6, at end insert—
“107MA Funding and support relating for Local Growth plans
(1) The Secretary of State has a duty to ensure that mayoral combined authorities have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral combined authorities in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.”
This amendment creates a requirement for regular reviews of the needs of mayoral combined authorities with regard to local growth plans.
The Chair
With this it will be convenient to discuss amendment 53, in schedule 19, page 203, line 1, at end insert—
“32BA Funding and support relating to local growth plans
(1) The Secretary of State has a duty to ensure that mayoral CCAs have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral CCAs in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.”
This amendment creates a requirement for regular reviews of the needs of mayoral CCAs with regard to local growth plans.
Vikki Slade
Amendments 52 and 53 are about funding strategic authorities for the local growth plans. I apologise to Committee members—they are going to get bored of hearing me say the same thing—but the point I am trying to make with these amendments is that we are pushing huge amounts of responsibility, cost and activity into a space that does not yet have clarity about how that will be paid for.
As we all know, our local authorities are at breaking point, with many of them expecting to make section 114 declarations within the next 12 months. I am deeply concerned that additional responsibilities to help to fund a strategic authority above them—they will have to pay in through a levy but they will have only minimal involvement in the decision making coming back down—will put them under more pressure.
These amendments are designed to make that point, to probe the Minister and to ask for further consideration about how the Secretary of State can assure local communities, who will be paying for these authorities, that there will be sufficient financial resources and adequate administrative support to discharge the functions involved in the preparation, publication and delivery of the local growth plans. There is no point in having a fantastic plan if it cannot be delivered, or if the organisations beneath the strategic authority have just gone bust.
I have said it before: the money is coming either from levies, from precepts, or potentially from grant funding through central Government. These amendments are really about probing to ask whether these growth plans will be coming with the money attached to them so that local areas, wherever they are in the country, have a fighting chance of producing a really good growth plan that benefits every resident within their area. That is why I have tabled these amendments: to try to draw a bit more out of the Minister.
Miatta Fahnbulleh
I thank the hon. Lady for these probing amendments. Again, we had a debate about this earlier in Committee. Let me put on record that we are clear that, if we are asking strategic and mayoral strategic authorities to drive this critical function, they must have the capacity to do that job well. It does not serve them, the Government or their constituents if they do not have the capacity and capability to do that well. That is why we are, for example, providing capacity-building funding for mayoral strategic authorities, so that they can not only set up but do some of the core enabling functions, such as producing plans, well and effectively.
As I said, the principle holds that capacity-building support must be there to ensure that strategic authorities can do their functions incredibly well, but I do not think it is necessary to specify that on the face of the Bill, not least because we already have the spending review process where strategic authorities set out their demands, ambitions and resources, and have a conversation with Government about ensuring that they are adequately resourced.
The principle of capacity building is therefore absolutely clear and firm, and is designed into the way we are trying to drive the legislation forward. Putting it on the face of the Bill would be too prescriptive when there are already processes in place to enable it to happen.
Vikki Slade
For clarity, at the point of the spending review when Departments are given their spending powers, are we to expect the strategic authorities to be separately and directly given a settlement each year, or will that be over a three-year period in the way that local authorities are given that settlement? I just want clarity that it is a separate pot of money from local authority funding, because I would not want to see them have to fight like rats in a sack with the mayoral authorities above them.
Miatta Fahnbulleh
The process in practice is distinct from the local government funding settlement. Established mayoral combined authorities are all going through the integrated settlement process, which is a negotiated process where the demands and ambitions of the mayor are weighted against the funding in Government Departments that we have provided with an integrated settlement. That is being rolled out among established combined authorities.
For other mayoral combined authorities that are not established, the process in practice has been, “This is what we have tried to do in our area. These are the resources, and this is where we can use, for example, the mayoral precepting power,” and then there is a conversation with Government to enable them to do what they want. We are moving towards multi-year settlements, because we think that is a better way to run the public finances. The principle of multi-year settlements applies to local government and across Departments, and will apply in the context of mayoral combined authorities.
Vikki Slade
On the basis of that assurance, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Miatta Fahnbulleh
Often, funding held by combined and combined county authorities is best used by local councils to deliver their responsibilities. Consistently throughout our proceedings, I have said that the mayor is only as strong as its partnership and relationship with the constituent authorities that have to drive the delivery. That is why the clause will standardise the power already held by most existing combined and combined county authorities to pay grants to their constituent councils.
The ability of combined and combined county authorities to pay their constituent councils is vital to the smooth running of transport, for example. Constituent councils are the highways authority in their area, with the duty to manage their road network and deliver highways maintenance; the authority therefore needs a power to fund them for delivering those key functions. We understand highways authorities’ need for sufficient funding to deliver against their duties, which is why clause 39 requires combined or combined county authorities to have in mind the necessity of ensuring a council has enough to deliver its highways functions when paying grants.
Vikki Slade
I welcome this provision. It is hugely important that money can flow in both directions, but there is one glaring omission, and the Committee will know what it is. The clause gives the strategic authority the power to pay a grant to a constituent council, but not to a town or parish council.
It may be that a town or parish council is fulfilling one of the areas of competence for the strategic authority. For example, under clause 2(g), public safety, a town council might be running CCTV or paying for community safety accreditation team officers. Under clause 2(e), environment and climate change, that parish or town council might be delivering solar insulation or be rewilding. I did not table an amendment on this, but might there be a drafting error in not allowing the strategic authority to pay a grant to an organisation associated with a constituent council? There is an opportunity there to use our town and parish councils in this way.
Miatta Fahnbulleh
I commend the Liberal Democrat Members for their consistent championing of town and parish councils. This power is focused on the constituent authorities, in part because the use case we have in mind is transport, where we can see the importance of highways authorities in particular.
The hon. Lady will know that town and parish councils in the round tend not to draw down Government grant or funding. In conferring on strategic authorities this power, which currently goes from the Secretary of State to constituent authorities, we are thinking in particular about grant funding. That is why we have constrained it in the way we have set out. I will take her point away and consider it to make sure we have not missed a trick, but our focus is particularly on transport and highways authorities and the ability to pass through grant funding.
Vikki Slade
I thank the Minister for that assurance. I simply want the opportunity not to be denied. Town and parish councils often say, “Well, we are not allowed to access that,” but there may be an opportunity here, and to exclude them would be a shame. Perhaps use of “may” would give that opportunity for grant funding. I would welcome a tiny amendment at some point in the future. It is something to reflect on.
Question put and agreed to.
Clause 39 accordingly ordered to stand part of the Bill.
Clause 40
Encouragement of visitors and promotion of visitors
Manuela Perteghella
I beg to move amendment 358, in clause 40, page 40, line 31, at end insert—
“(2A) In section 144, after subsection (1) insert—
‘(1A) In exercising powers under subsection (1) the relevant authority must engage with town and parish council within its area.
(1B) Engagement under subsection (1A) must include—
(a) consulting town and parish councils on tourism strategies, policies, and investment priorities; and
(b) creating opportunities for town and parish councils to contribute to activities relating to the exercising powers under subsection (1).
(1C) In exercising powers under subsection (1) the relevant authority must publish a report summarising the authority’s engagement with town and parish councils which includes—
(a) form of engagement used;
(b) the views of town and parish councils on the authority’s exercise of powers under subsection (1); and
(c) the role of town and parish councils in exercising powers under subsection (1).
(1D) The Secretary of State may issue guidance regarding requirements for engagement under subsection (1A).’”
This amendment would require local and/or strategic authorities exercising powers to encourage visitors to their area to engage with town and parish councils.
Manuela Perteghella
I said strategic authority—this is at the strategic authority level. Parish and town councils are different, of course, and so they have different needs. Some areas depend on the visitor economy. My town council is represented in arts and culture and in the tourism strategies for the town.
Vikki Slade
Does my hon. Friend agree that it is now quite common for a town council to run the tourist information centre? The only two places in my constituency that have a tourist information centre are Wareham and Wimborne. Often, the tourist information centre might be in a museum that is run independently, but it is not the local authority that runs it any more; it is the town council.
Manuela Perteghella
In the case of unitaries, yes. The district council in the town of Stratford-upon-Avon is still in charge of the visitor information centre, but that will probably go to the town council when our district council is abolished.
Manuela Perteghella
The onus would be on the strategic authority to consult, not on the parish or town council to respond. The argument that there are 300 parish or town councils, so we will not bother to ensure that their voices are heard, really disappoints me. The amendment would require strategic authorities to consult town and parish councils when developing
“tourism strategies, policies and investment priorities”.
The amendment also asks the Secretary of State to issue guidance on minimum standards of engagement. Again, we must give the strategic authority the tools to engage with town and parish councils, which, I remind the Committee, are going to take on a lot of assets and services when district councils are abolished.
Overall, the amendment is about giving local communities representation in tourism planning. That is important, because town and parish councils know the attractions, infrastructure needs and growth opportunities of their areas best. If a theme park is proposed, the town or parish council will know exactly whether, for example, a bypass is needed. Engaging with them will ensure that tourism plans are grounded in the reality of each community. I repeat that the onus to engage should be on the strategic authority.
The amendment would also ensure inclusive planning. We talked this morning about inclusivity. Small towns, villages and rural areas are often overlooked in broader strategies, but they are vital to our economy. By considering them, we support equitable growth across both urban and rural areas. The authorities would also have to report on how councils are engaged and what input they have provided. That would promote sustainable tourism, because the authority, by consulting on the views of parishioners through parish and town councils, would be able to balance visitor growth with the needs of residents. That is very important for areas such as my constituency. In short, the amendment would empower local communities, strengthen democracy and make tourism strategies more effective and inclusive.
New clause 41, which was tabled by my hon. Friend the Member for Bath (Wera Hobhouse), would require the Secretary of State to review the idea of giving local authorities the power to introduce visitor levies in their areas. This is an important power for strategic authorities. Towns and cities across the country are proud of the role that they play in supporting the visitor economy, both domestic and international, but the system needs to be made fairer through a recognition of the costs, as well as the benefits, of such a high degree of tourism. The new clause would compel the Government to conduct a review into giving local authorities powers to introduce visitor levies.
Scotland introduced the Visitor Levy (Scotland) Act 2024, which gives councils direct powers to apply tourist taxes. Wales followed suit with the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025, and now Manchester and Liverpool have introduced a voluntary levy. Bournemouth, Christchurch and Poole has introduced a levy.
Vikki Slade
On that point, Bournemouth, Christchurch and Poole council did attempt to introduce an accommodation levy. Unfortunately it failed on a technicality, but it may well come back. The amendment asks for a review into a visitor levy, but what is important is that, if one is implemented, it does not end up going back to the Treasury. There would be no benefit to a local community whatsoever if money collected from a visitor paying £2 a night to stay in a hotel ends up going back to Government, when it is the local economy that is damaged and the local economy that can benefit—
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
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.
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
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.
Miatta Fahnbulleh
It would. One thing that the Bill does create is a statutory duty for Government to respond to formal requests from mayors for new powers—the right to request. Calls for any new fiscal powers should be made through that process. The Government propose to take account of the impact of visitors on local authority areas through the fair funding review. That point has been made by local authorities and by Committee members, and we are doing so to account for the fact that visitors—
Vikki Slade
I fear I am about to be told off by the Chair, but—[Interruption.] The shadow Minister has just taken an interest. I welcome the Minister’s comment that the impact of visitors will be taken into account in the fair funding review. It is really important to add that that affects the fair funding review for our police authorities, as well as our local authorities.
Miatta Fahnbulleh
There are already mechanisms to enable places to introduce overnight stay levies through the accommodation business improvement district model, as the hon. Lady mentioned. With that, and allowing that this good Committee is not the Chancellor, I ask the hon. Member for Stratford-on-Avon to withdraw the amendment.
Vikki Slade
I beg to move amendment 247, in clause 43, page 44, line 14, at end insert—
“(2A) The Secretary of State has a duty to ensure that a combined authority has sufficient financial resources and adequate administrative support the duties in subsections (1) and (2).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a combined authority insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of combined authorities with regard to reducing health inequalities in their areas.
The Chair
With this it will be convenient to discuss amendment 248, in clause 43, page 45, line 10, at end insert—
“(2A) The Secretary of State has a duty to ensure that a CCA has sufficient financial resources and adequate administrative support to have regard to the needs described in subsection (1).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a CCA insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of CCAs with regard to reducing health inequalities in their areas.
Vikki Slade
Amendments 247 and 248 are similar to those that we tabled on other issues. They seek the assurance that combined authorities will have “sufficient financial resources” and “adequate administrative support” to fulfil their duties on health and health inequalities. I will not repeat myself, because we have a lot to get through this afternoon, but I will add that there is a real risk that more and more responsibility is going to the strategic authorities from other Departments. The Department of Health and Social Care is under huge financial pressure, but it would be remiss if this responsibility were moved across to a strategic authority without sufficient funding. I am assured by the Minister of sufficient capacity-building funding and an integrated settlement for these organisations in future. I trust—I need some assurance—that that will include sufficient funds to take account of the health inequalities in our regions. If that happens, I will be happy not to press the amendments.
Miatta Fahnbulleh
I reiterate the assurances that I have given. We have a vested interest in ensuring that, where strategic authorities take on new functions and duties, they have the resource and capacity to do so. That could mean: providing capacity funding to the strategic authorities; ensuring that the budgets necessary to deliver the outcomes that they are committed to are in place through the process of devolution, or, ultimately, when they become established combined authorities, through the integrated settlements. I again put that reassurance on the record.
Vikki Slade
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Chair
The Member who tabled amendment 262 is temporarily not present. I will suspend the sitting for 20 minutes—[Interruption.] Let us carry on.
Vikki Slade
I beg to move amendment 21, in clause 44, page 46, line 2, at beginning insert—
“The Secretary of State may by regulations require that”.
This amendment would ensure the powers for mayors to exercise Police and Crime Commissioner (PCC) functions across 2 or more areas must be approved by Parliament.
The Chair
With this it will be convenient to discuss the following:
Amendment 22, in clause 44, page 46, line 6, at end insert—
“(1B) Regulations under section 107F and 107FA are subject to the affirmative procedure”.
See explanatory statement for Amendment 21.
Amendment 23, in clause 45, page 50, line 25, at end insert—
“(c) a statutory instrument containing a draft of any such order has been laid before, and approved by, each House of Parliament.”
This amendment would ensure that regulations made by the Secretary of State to alter the size of PCC areas when transferring powers of PCCs to strategic authorities receive parliamentary scrutiny.
Vikki Slade
Amendments 21 to 23 relate to the integration of police and crime commissioners into the strategic mayoral system. They are quite straightforward, requiring the Secretary of State to make regulations and thereby ensure more parliamentary oversight of the inclusion of the police and crime commissioners, given that this is such a fundamental change in so many areas.
I am upset that established authorities in several areas have already taken on those roles, but many of the strategic mayoral authorities are brand-new organisations that will potentially be taking on functions way beyond their scope. They will also potentially be taking on police and crime functions that run across completely different policing and crime areas with different strategies and ways of working in terms of police and crime panels and their scrutiny. We believe that to do that through the proposed process will produce a rushed system. I commend the Minister for her decisiveness, but sometimes it is better to pause and take a slower approach to bringing together those organisations, rather than rush the process.
We are already seeing huge changes to our integrated care boards, with many being abolished. Rather than alignment, we see some coming together for financial reasons or for convenience. There is a real risk that trying to do all of that in harmony ends up not with the right outcomes but ones that suit the creation of a very simplistic jigsaw. Most of the mayors will be taking on roles that they have never performed before. We feel that it is time to pause, slow the pace and ensure that this has more parliamentary oversight.
Miatta Fahnbulleh
The purpose of the provision in the Bill is to give the Secretary of State the power to make that transfer in a way and at a time that makes sense. Whether with regard to the electoral timetable or to issues of deliverability and the viability of the transfer, the Secretary of State’s ability to take a view and set a future date is why we have provided that power to mitigate the issues the hon. Lady is concerned about. The default should be that the police and crime commissioner function sits with the mayor where the geographies align. That is an important principle as we build up the mayoral strategic authorities across the country.
Vikki Slade
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn
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
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.
The Chair
With this it will be convenient to discuss the following:
Government amendments 205 and 206.
Amendment 26, in schedule 21, page 209, leave out lines 25 to 31.
This amendment would remove the provision to allow mayors to appoint a person to manage policing and crime for their area.
Government amendments 207 and 208.
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.
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
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.
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.
Miatta Fahnbulleh
This cluster of amendments to clause 46 allow a mayoral combined authority or a mayoral county combined authority to take on the role of a fire and rescue authority, where appropriate.
These amendments strengthen the fire and rescue provision in clause 46. They give the Secretary of State the power to designate strategic authorities as fire and rescue authorities. They also ensure that where strategic authorities cover more than one fire and rescue area, they take on responsibility for all fire and rescue authorities in their area.
Collectively, these amendments provide consistency and prevent fragmentation of governance, by requiring mayors to cover all fire and rescue authority areas within their boundaries, creating stronger accountability across local areas.
Amendment 209 agreed to.
Amendments made: 210, in clause 46, page 51, line 17, leave out from “for” to second “a” and insert—
“an area by virtue of subsection (2)(f) or (g),”.
This is consequential on Amendment 209.
Amendment 211, in clause 46, page 51, line 23, after “the” insert “combined authority or”.
This corrects an omission.
Amendment 212, in clause 46, page 51, line 25, leave out from beginning to end of line 37 on page 52 and insert—
““1A Designation of mayoral combined authorities and mayoral CCAs
(1) The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.
(2) The Secretary of State may—
(a) by order specify a part of the area of a mayoral combined authority or mayoral CCA, and
(b) by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.
(3) But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—
(a) two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;
(b) the relevant mayoral authority is designated as the fire and rescue authority for each specified part;
(c) all of those designations come into effect at the same time.
(4) Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—
(a) there are separate fire and rescue authorities for each area specified under subsection (2)(a);
(b) the fire and rescue authority for each of those areas is the relevant mayoral authority.
(5) The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.
(6) An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—
(a) section 1A(2) area,
(b) section 2 combined area, or
(c) section 4 combined area.
(7) The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.
(8) An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—
(a) a metropolitan county fire and rescue authority,
(b) a combined fire and rescue authority constituted by a scheme under section 2, or
(c) a combined fire and rescue authority constituted by a scheme to which section 4 applies.
(9) The provision that may be made by regulations under section 52 of the English Devolution and Community Empowerment Act 2025 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—
(a) provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable),
(b) provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;
(c) provision about who is to scrutinise the exercise of those functions;
(d) any other incidental, consequential, transitional, transitory or supplementary provision.
(10) In this section—
“section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time);
“section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);
“section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time);
“shadow period” , in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which—
(a) ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and
(b) is no longer than one year.””
This would make further provision about the Secretary of State’s power to provide for a mayoral combined authority or CCA to be the fire and rescue authority (see Amendment 209). In particular, subsection (3) would ensure that, where the area of a mayoral combined authority or CCA is to consist of several fire and rescue areas, it must be the fire and rescue authority for all of those areas.
Amendment 213, in clause 46, page 52, line 40, leave out from beginning to end of line 9 on page 53.—(Miatta Fahnbulleh.)
This would be consequential on Amendment 209.
Vikki Slade
I beg to move amendment 24, in clause 46, page 53, line 15, at end insert—
“(7) Regulations made under this section are subject to the affirmative procedure.”
This amendment would ensure that regulations made by the Secretary of State regarding the functions of fire and rescue authorities receive parliamentary scrutiny.
Vikki Slade
I should probably declare a personal interest—my father spent his life as a London firefighter throughout his career; I was a member of the local fire authority, and I have spent a lot of time talking to and engaging with the fire and rescue services. That was not because I managed to set my bedroom on fire as a child—although I did—but because fire safety has always been a lifelong passion of mine.
I am troubled that the Bill rolls fire and rescue services into the role of a mayor. That may be a great idea; in some cases, I know that fire and rescue services have come together with police and crime. However, the amount of attention that this Bill gives to fire and rescue, and indeed the comment made last week when I asked questions about the precepting and the funding of fire, which suggested that it was outwith the scope of this Bill, makes it feel as though fire and rescue are an afterthought. It feels as though the work of the fire and rescue services is not being given enough attention and that there has not been real thought about how they can best be delivered.
Fire and rescue authorities around the country are doing a really good job in supporting our services, often on tiny precepts, and in dealing with big, and changing issues. Wildfires around my Mid Dorset and North Poole constituency have been horrific this year, and we have just put in for Bellwin funding. The proportion of energy that is used in dealing with fires that are usually human-caused and flooding, which is also related to climate resilience, has gone through the roof.
To add fire and rescue services in as a couple of pages in a large Bill feels inadequate, which is why we are looking to ensure that regulations made under clause 46 are subject to the affirmative procedure, and why we are seeking more parliamentary scrutiny and energy around bringing in the fire and rescue services, particularly where they do not align.
My area is likely to be Wessex, if we get into the next round, and it will probably cover three different fire authorities. As well as having to get two or three different police authorities together, we will now have to get two or three different fire authorities from the police authorities. Adding the clause in at this stage is complicated, and sticking it in as two and a half pages of a Bill feels inadequate. Therefore, we ask that regulations made under the clause are subject to the affirmative procedure and receive suitable parliamentary scrutiny.
Miatta Fahnbulleh
I want to put on record that the Government absolutely recognise the vital role the fire and rescue authorities are playing across the piece; there is a huge amount of work going on in my Department to ensure that they are fit for purpose, that they are resourced and that they can continue to evolve. The Government believe that the negative procedure is the right and proportionate route for these regulations. The powers here in the Bill are simply technical powers, enabling powers that are already conferred in legislation for the fire and rescue authority functions to be transferred. That is why they take up such a small proportion of the Bill—it is a technical change rather than a substantive one, which exists already in legislation.
It is important that there is a timely transfer of these functions so that mayors can deliver joined-up services without lengthy procedural hurdles. Subject to clause 46 standing part of the Bill, Parliament would have already approved the principle of mayors exercising fire and rescue functions. This part of the Bill makes that transfer live and real. I hope the hon. Member for Mid Dorset and North Poole appreciates the care that we certainly have around the fire and rescue service and that there is much wider work going on outside the scope of the Bill about how we ensure those services are fit for purpose, and will therefore withdraw her amendment.
Vikki Slade
I would have loved to do that, but I feel that this transfer needs to be a deliberate and active thing. I spoke to my chief fire officer, who seemed completely oblivious to what is going on. If our chief fire officers are not really aware of what is going on, then more needs to be done, and therefore I would like to press the amendment to a vote.
Question put, That the amendment be made.
Vikki Slade
I beg to move amendment 9, in clause 49, page 54, line 30, leave out subsection (3) and insert—
“(3) Where a notification under subsection (1) is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given, give effect to the change or changes proposed by the mayor or mayors.
(4) Effect may be given under subsection (3) by means of regulations made by statutory instrument.
(5) A statutory instrument made under subsection (4) is —
(a) subject to the affirmative procedure if it—
(i) amends an Act of Parliament, or
(ii) confers or modifies a function which relates to an area of competence;
(b) where neither of the conditions in paragraph (a) apply, subject to the negative procedure.”
This amendment creates a statutory duty on the Secretary of State to seek parliamentary approval before implementing mayoral requests for greater powers over funding or legal changes.
The Chair
With this it will be convenient to discuss the following:
Amendment 3, in clause 49, page 54, line 36, at end insert—
“(4) No decision under subsection (3) may be implemented unless—
(a) the Secretary of State has made regulations giving effect to the decision,
(b) a statutory instrument containing the regulations has been laid before and approved by both Houses of Parliament, and
(c) save as where provided for otherwise, regulations giving effect to any decision made under section are subject to the affirmative procedure.”
This amendment would require any decision of the Secretary of State following a request from a local authority to be implemented by statutory instrument subject to the affirmative procedure.
Clause stand part.
New clause 32—Devolution of further powers within strategic authority areas—
“(1) A strategic authority may—
(a) devolve to any local authority within its area any second-stage power;
(b) form bodies, and groups within its area to coordinate action needs, provided that any body or group includes representatives from all affected local areas.
(2) In carrying out any action under subsection (1), the strategic authority must consider whether any of its powers may be exercised at a more local level and, where it considers this to be the case, must act in such a way to enable such devolution.
(3) Within one year beginning on the day on which this section is commenced, a strategic authority must publish a plan setting out how it intends to carry out the duty under subsection (2) (a ‘community empowerment plan’).
(4) A strategic authority must review a community empowerment plan at least once during the period of four years starting on the day on which the plan is published.
(5) In carrying out any function under this section, a strategic authority must ensure effective collaboration with any local authority or body to which it has devolved powers.
(6) The Secretary of State may by regulations made by statutory instrument make further provision about the powers of a strategic authority in the event that the authority considers there to be a serious failure or breach of duty in relation to a power devolved to a more local level.
(7) Regulations made under this section are subject to the affirmative resolution procedure.”
New clause 33—Devolution of powers from non-departmental public bodies—
“A Strategic authority may request the transfer of duties and functions from Homes England, Highways England, and any other non-departmental public body as the Secretary of State may specify.”
New clause 53—Annual report on requests made under Section 49 of this Act—
“(1) Within one year beginning on the day on which section 49 is commenced, and each year thereafter, the Secretary of State must publish a report about notifications given under that section.
(2) Each report must summarise—
(a) the number and nature of notifications given by mayors;
(b) the Secretary of State’s decisions in relation to notifications, including the number and nature of—
(i) cases where the Secretary of State agrees, and
(ii) cases where the Secretary of State does not agree,
with the notification;
(c) any further legislative measures mayors have requested the Secretary of State takes to further enable mayors to make notifications to fulfil their objectives in areas of competence.”
This new clause would require the Secretary of State to publish an annual report summarising notifications made by Mayors for powers to be devolved and the Secretary of State’s responses and any requests by Mayors for the Secretary of State to take legislative steps to enable Mayors to adequately fulfil areas of competence.
Vikki Slade
Amendments 3 and 9 would require that, when a mayor or a mayoral strategic authority wishes to obtain more powers, those powers are subject to parliamentary scrutiny. It is fairly common practice for Members to be called into a Statutory Instrument Committee to make changes to such things. If we are going to ensure full transparency and ensure that mayors do not exercise powers beyond what seems appropriate, there should be some level of parliamentary scrutiny.
Amendment 3 would place a statutory duty on the Secretary of State to seek Parliament’s approval through secondary legislation before implementing those requests. We do not believe that decisions around funding and changes of law should be made without that oversight and approval. It is hugely important to maintain the highest level of democracy; to remove that would be a missed opportunity. We therefore ask that the legislation should be protected from abuse whereby future Secretaries of State could implement requests without laying them before Parliament.
Siân Berry
I have a broad interest in this group of measures. First, I will raise some issues with the clause as a whole; then I will speak to new clause 53, and then new clauses 32 and 33 on a separate topic. I hope hon. Members will bear with me as I work through those three parts.
I support clause 49, which provides a way for mayors of strategic authorities to usefully request more powers, but the gap in the Bill highlights that we need the Government to make bolder policies in the areas of competence so that strategic authorities can request that they should be devolved to the lower levels. I will turn to the example of housing in a moment but, in general, it would be great to see strategic authorities working together to develop models of rent controls. As I understand it, however, because those powers do not currently exist centrally, strategic authorities cannot make requests for them under the clause. We need to be bolder at the centre to maximise the effectiveness of devolution on such issues.
If a Bill is not the right place to create a new power that is usable only in a local area, what is? Can the Minister explain why the Government have not taken the opportunity of the Bill to allow councils or new authorities to request those kinds of powers in areas where the Government do not currently act? It is on that principle that my hon. Friend the Member for Bristol Central (Carla Denyer) tabled new clause 53, which I will speak to now. It does not do what I just suggested, but it does allow for clear reporting of the conversations between mayors and the Government on the use of clause 49 powers. That includes where authorities have made requests for powers to be created and devolved to them, even when there is no existing national power to devolve.
If the Secretary of State’s goal is to make sure people take back control of their own destinies, it is only right that this power should be considered. Ministers need to pay serious attention to the full range of powers that mayors are already saying they need in order to make a material difference to people’s lives. As the Secretary of State for Housing said in his speech at the Labour party conference, communities have been held back because they do not have the power to make the changes they want. The new clause would at least help to keep track of the powers mayors are asking for under clause 49, as well as the additional powers they are telling Ministers to legislate for to enable them to do the best for their communities and, ultimately, to fulfil their areas of competence.
The new clause is not prescriptive as to which policies and areas need to be considered, but as I implied earlier the area of competence that inspired it is housing. That is because we are in an acute affordability and evictions crisis, and mayors have been calling for rent control powers from Ministers for some time. For example, in 2023, the Mayors of Manchester, Liverpool and London wrote to the then Secretary of State calling for a rent freeze, in order to immediately relieve the pressure on millions of people in the private rented sector in their areas. Recently, the Mayor of London said that the power to control rents was now at the top of his list in terms of devolution. His position follows many years of pressure and dialogue with politicians such as the Greens on the London Assembly—of which I used to be one—and with independent grassroots renters groups.
That is just one example of the kind of power that would be involved. Rent controls are something close to my heart, and we heard new figures today showing that 172,000 children are now in temporary accommodation in the UK. On average, people spend 36% of their income on rent—in my constituency, it is 42%. This is a classic policy for that issue.
The annual report the new clause requires would recognise the need for transparency over the discussions taking place about powers in the Bill—in the absence of the changes I have asked for in it—and also let us see what is going on in the conversations happening outside of the powers in the Bill.
New clauses 32 and 33 do what I just talked about and what clause 49 does, but at the level of the strategic authority. This is about the strategic authority having a duty to have a plan for devolving more of its powers and duties to smaller local authorities in its area. I recognise that the aims of devolution can often be in tension, particularly in terms of the balance between scale and geography. It is correct to have some powers at the level of combined authorities, so that they cover sufficiently large populations and enable authorities to exercise strategic policy making. But large authorities will not necessarily empower local people to address issues that are unique to their area; they might not represent the diversity of things going on around that area, and issues that people really care about in local communities might be better addressed using deeper local knowledge.
The new clauses do not prescribe a single model for this further local devolution. There is such diversity. We have discussed today the differences between coastal areas, rural areas, towns and larger urban areas. We have talked about areas with countryside and nature to protect, areas that need new investment, and areas with unique industries that could be developed locally.
I do not think that we should be prescriptive in our new clauses; we should just put in place a legal duty that makes some kind of move towards subsidiarity across the whole of English local government. Under the new clauses, the strategic authority would have a duty to set out how it would devolve its own responsibilities to the lowest possible level for effectiveness—including, where they exist, district, town and parish councils. I think that would be a really positive thing that would please most Opposition Members on the Committee. I hope that the Minister will take that onboard and come up with some way of codifying the need for the new strategic authorities to avoid becoming too centralised and to make a plan for listening and devolving powers down to the right level.
Miatta Fahnbulleh
I must tell the hon. Lady that I can barely hold them back. Our mayors are pretty independent-minded and robust, and they are very clear when they want a particular power. They run effective campaigns and they are very good at advocacy, so I do not think the Government need to—or indeed can—tell them what to do. They are very clear about the powers they want; they build consensus among all their partners to ensure that they apply maximum pressure on Government to respond effectively to the right to request, and rightly so. That is the case now and I suspect that, once we give them legal powers in this Bill, it will continue to be so.
Vikki Slade
I am content that the scope of the amendment may have been broader than intended in terms of some of the minor things that a local authority may wish to do, but I ask the Minister to keep in mind the larger-scale changes that may be required, which really should come with some form of Government statutory intervention. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 49 ordered to stand part of the Bill.
Clause 50
Powers to make regulations in relation to functions of strategic authorities and mayors
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
I thank you, Dame Siobhain, and all hon. Members for the swift and substantial progress we have made on the Bill today. I am grateful for everyone’s patience and the constructive way they have engaged in debate.
The devolution framework delivered by this Bill is the floor, not the ceiling, of our ambition for devolving real powers to local communities. That is why we are taking the power to add new functions to the framework, which will ensure that strategic authority mayors have the powers they need to deliver for local people. The Government will not be taking those decisions in isolation; any new functions added to the framework will be subject to votes in both Houses of Parliament and to consultations with the mayor, the constituent councils and the body currently holding those functions.
It is important that the governance arrangements within strategic authorities enable local leaders to make effective decisions to deliver for their people, so the Government are taking the power to modify governance arrangements where necessary. In some cases, the best way to bring about real, substantive devolution across the country will be to test it in one or two places first. The Bill therefore allows the Government to confer or modify functions on a pilot basis, which will enable local leaders to innovate in order to deliver the best outcomes for their citizens.
Question put and agreed to.
Clause 50 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Deirdre Costigan.)
(6 days, 23 hours ago)
Public Bill Committees
Siân Berry (Brighton Pavilion) (Green)
It is a pleasure to have you back in the Chair today, Sir John. I support the clause and schedule 14. It is really important that we have devolved fundraising powers, and this is one of the ways in which that can be done.
I have a question for the Minister about the rules for what mayoral CIL in different areas can be levied to fund. In London, the current regulations restrict spending by the mayor to funding roads or other transport facilities. Is the Minister making changes in the Bill, or will she do so through regulations?
Vikki Slade (Mid Dorset and North Poole) (LD)
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.
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.
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
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?
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.
Vikki Slade
I beg to move amendment 60, in schedule 17, page 195, line 23, leave out from “that” to end of line 24 and insert
“the majority of members of an MDC are elected members of relevant councils”.
This amendment would require that the make-up of Mayoral Development Corporation boards must have a majority of members from constituent councils.
We welcome the introduction of the mayoral development corporations across the country. Some good successes have been achieved in London; not many miles from here, the Queen Elizabeth Olympic Park continues to grow and expand, and it has some incredible facilities, including a new arts hub.
The one small thing that we would like the Minister to consider is the make-up of the corporations. It is important that people trust the organisations that are doing such large-scale development, which can potentially make enormous changes to the landscapes around them, whether on credible brownfield sites or, as others have said, through new towns or greenfield development, about which people are far more sensitive.
The Bill states that a mayoral development corporation must have at least one member from each constituent authority and that there must be no fewer than six members, but it does not give a maximum number. There is a real risk that if there is simply one member from each authority—some of these authorities are fairly large to start with—the majority of a corporation may be made up of people who are not connected to the community. It is absolutely right that there should be expertise, strategic people, and perhaps people from other sectors with skills, talents and experience from other places or sectors, but the organisation needs to be locally led. That is why my amendment 60 simply states that a majority of members of an MDC should be
“elected members of relevant councils”.
We think that that is a minor amendment that would benefit and broaden trust, and lock it in to local decision making.
Miatta Fahnbulleh
I recognise the hon. Member’s intention to strengthen the voice of local councillors in the decision making of mayoral development corporations in their areas, and I support that intent. The Bill will introduce a requirement on mayors outside London to appoint at least one elected member from each council in which the development corporation operates. That mirrors the existing requirement on the Mayor of London, which has been in place since 2011, and how this function has been conferred on mayors outside London so far. That is working; the evidence from on the ground and from practice is that this approach is the right one and strikes the right balance.
I agree with the hon. Member that membership of a mayoral development corporation should absolutely include local expertise from the relevant councils, but it is important that it should be led by people with experience and capacity in the matters that the corporation is taking forward and delivering. When they work well, the corporations bring together local and technical expertise from both the public and private sectors to address complex, long-term projects that in most cases will take longer than an election cycle to deliver.
I worry that the amendment would weaken the mayor’s ability to choose the right mix of expertise that he or she and the strategic authority need in the mayoral development corporation, and limit the corporation’s capacity to drive delivery. Although we agree that there must be council representation, we think that the amendment as drafted provides that, without binding the hands of the mayor, in a way that allows them to bring in any key technical experience that they might need from outside their area in order to deliver impact on the ground.
Question put, That the amendment be made.
The Chair
If Ms Berry wanted to test on the Committee’s view on the new clause and new schedule it would come at a later stage anyway. Members will remember that we are debating clause 38.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Schedule 19
Local growth plans
Vikki Slade
I beg to move amendment 54, in schedule 19, page 200, line 17, at end insert—
“(d) comply with any Land Use Framework issued by the Secretary of State, and
(e) comply with any local nature recovery strategies applicable to the area covered by the authority.
(2A) The Secretary of State must take steps to support a mayoral combined authority in complying with the provisions of paragraphs (2)(d) and (2)(e) of this section.”
This amendment requires mayoral combined authorities to ensure their local growth plans comply with any overarching Land Use Framework and relevant local nature recovery strategies.
The Chair
With this it will be convenient to discuss amendment
Amendment 55, in schedule 19, page 202, line 14, at end insert—
“(d) comply with any Land Use Framework issued by the Secretary of State, and
(e) comply with any local nature recovery strategies applicable to the area covered by the authority.
(2A) The Secretary of State must take steps to support a mayoral combined authority in complying with the provisions of paragraphs (2)(d) and (2)(e) of this section.”
This amendment requires mayoral CCAs to ensure their local growth plans comply with any overarching Land Use Framework and relevant local nature recovery strategies.
Vikki Slade
The amendments would ensure that the local growth plans schedule makes reference to, and considers in some reasonable depth, the needs of nature. I have gone back through the schedule, and I cannot see any reference to nature, nature recovery, or anything that suggests that the Government understand the rural economy. It feels very much like a schedule that is written with towns in mind.
My hon. Friend the Member for Taunton and Wellington (Gideon Amos), the Liberal Democrat spokesperson for housing and planning, spoke in the Planning and Infrastructure Bill Committee—I am sure some colleagues in here were also on that Committee—about the importance of bolting in the land use framework to the planning system. I think he described it as otherwise being
“an expensive waste of time”.––[Official Report, Planning and Infrastructure Public Bill Committee, 29 April 2025; c. 94.]
Fundamentally, there is a real risk of a failure to think about the needs of rural economies such as Cornwall’s, which are reliant on the way that we use our land. Those may not be traditional uses of the land—they may be ancient industrial ones—but those need to be considered.
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
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.
The Chair
I feared we might stray into other considerations on planning, so I am grateful to the hon. Lady for speaking specifically about land use and nature recovery, which is the subject of the amendment. I call the Minister.
Miatta Fahnbulleh
I thank the hon. Lady for the amendment. I will say three things. First, local growth plans are locally-led documents with the flexibility to consider the challenges and opportunities that matter to particular areas. Places are already taking into account whether there are green growth opportunities in their area. In rural areas they will take into account the rural economy, the farming economy, and how that has a bearing on economic development opportunities. We need a framework that allows the flexibility for plans to be locally specific. In areas where it makes sense, places are already doing that in practice and we expect them to do that going forward.
Vikki Slade
Local nature recovery strategies matter not only in rural areas. If someone lives in the most urban part of the country, the local nature strategy is critical to those tiny pockets, so I would argue that it is as relevant in cities as it is in rural areas.
Miatta Fahnbulleh
The hon. Lady is absolutely right. She pre-empted the second point that I was about to make, which is that local nature recovery strategies are critical for every part of the country. Decisions that impact on land use and nature recovery will still need to consider the relevant policy framework, including the local nature recovery strategies that exist across the country. Any strategic planning decision will have to have regard to those local strategies. Thirdly and finally, we recognise that economic development sits alongside nature recovery. The two should not be and do not need to be in conflict.
Miatta Fahnbulleh
That is why we have the planning process. We will come on to talk about the strategic spatial plan. That is a document that will have to be done in consultation with constituent authorities. It will focus on strategic infrastructure and development that is needed in the area. Ultimately, we hope that that process will be done through consensus. When it is not, and when there is a dispute between the constituent local authority and the strategic authority in the round, we have said that that will go to the Secretary of State to make a determination through the independent Planning Inspectorate. The planning process already has provisions for us to mitigate that instance.
We have discussed the land use framework in Committee before. We have consulted on it and will publish the response to the consultation in due course. Although the principle of ensuring alignment across the piece is the right one, we think that before we have a tangible framework that is live and has been tested, it is premature to put a requirement in legislation that we would need to have regard to the land use framework.
Vikki Slade
I recall a similar argument being made last week to my hon. Friend the Member for Stratford-on-Avon, and a reference to “nascent” organisations. My hon. Friend pointed out that by the time the Bill comes into play some of the land use frameworks will be up and running, so they predate the legislation that will form the local growth plans. It feels completely pointless and a waste of money for local authorities to spend all that time putting in place the land use frameworks only for this legislation to come along and say, “Well, they haven’t really been tested.”
Miatta Fahnbulleh
We are developing the process of providing a land use framework, and we are taking onboard the responses that have come through the consultation. Whether that framework ends up being high level and strategic or quite granular will come out through that process, so it feels incredibly prescriptive and constraining to put that requirement on local plans at this stage.
Whether it is the local plan that is thinking about how we drive economic opportunities in the area, or it is the spatial development plan that mayors will be required to have in place, it will obviously have to take into account land use, the composition of the area, nature and all the key considerations in order to be an effective plan that works and that is supported by all the constituent members and parts that need to get onboard. I ask the hon. Member to withdraw her amendment.
Vikki Slade
Although it may come back at a later stage, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Manuela Perteghella (Stratford-on-Avon) (LD)
I beg to move amendment 352, in schedule 19, page 200, line 17, at end insert—
“(d) include an overview of the views of town and parish councils in the local authority area about the plan.”
This amendment would require information about the views of town and parish councils in the area about a mayoral combined authority’s local growth plan to be included in the plan.
(1 week, 4 days ago)
Public Bill CommitteesIt 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 (Mid Dorset and North Poole) (LD)
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.
It is a pleasure to serve under your chairmanship, Ms Vaz. It seems to the Opposition that this schedule is weaker than it would have been had the amendments been accepted. I know that when we have debated other areas of local government legislation, the issue that comes up time and again is the frustration that our constituents feel when they are unable to get what sounds like a perfectly robust regulation enforced in practice—whether that is fly-tipping, antisocial parking or the point made by the hon. Member for Brighton Pavilion around delivery drivers, scooters and so on, which I know exercises many of my constituents.
We remain concerned that this is a missed opportunity to give local authorities the most robust tools that would put beyond doubt what the test that had to be met was, and create the appropriate legal path for effective and rigorous enforcement locally. None the less, the schedule broadly represents a step forward. Therefore we will not oppose it.
We have tabled amendment 291 to schedule 7. I know that this is an issue of great contention; the major concern is, as we have seen to a degree in London, mayors choosing to use their powers to levy fines, largely as a way of generating income. That sits somewhat ill with the regulations for parking, which are treated separately and are a local authority matter, where the proceeds from fines and enforcement activity is part of a ringfenced parking revenue account that may only be used for purposes connected to parking and the maintenance of the highways and the roads. There is therefore already a measure, regarding local authorities, that ensures that those who are paying the fines, fees and charges can see that the contribution that they are making through those is used to improve the safety and quality of the environment in which they drive, walk or cycle.
We remain concerned about the implications of this measure; some of those mayors and combined authorities may see this as a very handy revenue raiser, and start to ramp up enforcement in a way that is unhelpful. As we have seen in the case of Greater London, policies that might work well in highly congested central London are simply totally inappropriate on the fringes, and a replication of that scenario could be seen across other parts of the country—a one-size-fits-all approach that we would wish to see avoided.
That is the motivation behind amendment 291, but I will be interested to hear what the Minister has to say about how the Government will ensure that this is not simply a measure to use motorists as a cash cow.
Vikki Slade
Before I speak to amendments 246 and 348, I just want to reflect on the Minister’s comment about the ability of local authorities to enforce things such as yellow boxes, and the requirement to still obtain that consent from the Secretary of State. At Bournemouth, Christchurch and Poole council, we were granted the rights to do that, but the council was incredibly limited in the specific locations in which it was able to apply for that right. There were a number of places that felt their yellow box junctions were ignored.
In my own ward of Broadstone, one such yellow box at the entrance to a parking area regularly caused extensive delays. For local people, if we could change one thing for them, it would be, “Get that damn yellow box enforced!” However, it was not seen as strategic enough for the local authority to apply for the permissions. Enforcement is therefore reliant on police officers, who are not going to stand there and patrol those sorts of things. I would therefore be interested to hear whether the Minister would be willing to devolve that power more truly, rather than retaining it at the centre.
Amendment 246 is a simple one that seeks to retain the decision making of those new civil enforcement powers to the elected persons, whether that be the elected mayor or an elected member of the authority. Elsewhere in the Bill, there are elements that are not allowed to be devolved to a commissioner. The amendment is about ensuring that these decisions are not devolved to a commissioner but are made by the elected person, as they will have that direct impact.
Amendment 348, in the name of my hon. Friend the Member for Chelmsford (Marie Goldman), which my hon. Friend the Member for Stratford-on-Avon and I have also put our names to, seeks not to change the law on pavement parking— as we have discussed in the Chamber on a number of occasions—but to harmonise the rules so that the existing law on obstruction of the pavement, which requires the police to enforce, can also be enforced by civil authorities.
We regularly have situations in which civil enforcement officers—traffic wardens to you and I, Ms Vaz—have to walk past a car or van, often a delivery van, parked on a pavement, blocking guide dogs and people with mobility scooters from getting past. There is nothing they can do. I know that colleagues in this room will constantly be emailed by people asking, “What are you going to do about it?” All we can do is say, “Call the police.” We may be getting more police officers, but I personally do not want to see my police officers having to spend their time ticketing.
Manuela Perteghella
My constituents are also quite confused about which public service to call. We have to explain, “If it is about parking restrictions, you have to call the county council; if it is about dangerous parking, you have to call the police.” But how do you define “dangerous parking”? Sometimes the police will then point people back to the council. We would really appreciate clarification—or harmonisation, actually—of civil enforcement on highways matters.
Vikki Slade
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.
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
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.
I am very sympathetic to what the hon. Lady has said. In my constituency, people come from as far afield as Sheffield for a day out at the Ruislip lido, the only beach in Greater London. It is a huge cause of trouble for local residents, and I am glad that we have a local authority that is using its existing powers and is implementing measures such as towaway zones and higher parking fines to begin to address that. She probably feels, as I do, that we do not see mayors who do not know the local area, but the specific purpose of our amendment 291 is to ensure that this is not an opportunity to raise funds for them at the expense of the ability of the local authority to use its powers in a specific area to deal with the traffic management issues for which it is responsible.
Vikki Slade
I am grateful to the shadow Minister for clarifying the purpose of his amendment 291, and I will be happy to withdraw my comment that it contradicts amendment 348, tabled by my hon. Friend the Member for Chelmsford. The hon. Member is exactly right; the purpose of these parking fines is to ensure safe parking, and it is unreasonable that there should be shortfalls for the local council tax payer. Even if there was a surplus, that money should be rolled back into the experience and hopefully into encouraging people to use different forms of travel, such as park and ride, cycling, buses, and so on, all of which would seem to make the roads safer.
I am interested to hear the Minister’s view on what has been done, what could be done and how we might use these amendments to further those aims.
Siân Berry
This seems the right point to bring this up. The Minister has talked about how the schedule creates powers to make directions in relation to roads that are not on the key route network. The Minister will have many decisions to make about regulations, and the complexity is coming out in our debates. Are discussions taking place in Cabinet about replacing the Office of Rail and Road with something broader to capture more of this area? The Office for Rail and Road only covers National Highways roads—the strategic road network. I wonder whether the key route network would benefit from being included in the work of the office, which could be named the Office for Integrated Transport and could also cover local roads, buses and active travel. Has the Minister had discussions with the Department for Transport about that?
Vikki Slade
In general I am supportive of the schedule, but I want to raise a slight concern. Proposed new section 2A of the Road Traffic Reduction Act 1997 makes quite a few references to “local road traffic” and “key route networks”. That seems to be a clash of two different terms. It refers to local road traffic using local roads but also to the key network.
Subsection (2) of the proposed new section refers to producing a report to specify targets to reduce the levels of
“local road traffic using key route network roads”.
The impact of that will probably be that that local road traffic will use non-key networks, but there is nothing in the Bill that says where that traffic will go. As much as we would all like it to disappear, it generally does not, and that takes us back to the comments from the hon. Member for Brighton Pavilion about a report on all roads. That feels potentially cumbersome, and I worry about the costs. There seems to be a mismatch here; there is a requirement to produce something, but nothing is said about its possible implications and impact. I do not expect the Minister to have the answer now, but I am sure she can come back with it to help me understand what the impact of the reports might be. I would hate to see local authorities having to deal with the impact of something done in good faith at a strategic level.
Miatta Fahnbulleh
Local transport is a key responsibility of strategic authorities, which will continue to be the local transport authority for the area. These authorities will be responsible for local transport planning, the duty to secure the provision of local passenger transport services such as buses or trams, and other relevant powers for bus partnerships, bus franchising and travel concessions. This will allow them to make strategic decisions to support growth and placemaking across their areas through improved transport outcomes.
Currently, combined authorities and county authorities hold varying local transport powers under diverse governance arrangements. The Bill gives authorities certainty and clarity about these powers by standardising them. I commend schedule 9 to the Committee.
Vikki Slade
I rise to speak to new clause 11 on funding for transport authorities. There is a lot of merit in harmonising and simplifying the way that transport authorities work. Having borders between different systems can cause huge complications for people crossing them. Obviously, such borders will still exist, but hopefully they will be fewer and farther between.
The purpose of our new clause is to address the elephant in the room. The legislation adds a healthy set of new transport functions for combined authorities, set out across the various measures we have already heard about, and many of them are very positive, but the reality is that those transport authorities that are currently local authorities receive a lot of central Government funding, while the strategic and combined authorities sitting at the higher level do not. Their money is not coming from the magic money tree; it is coming from levies and precepts.
Additional responsibilities are great, but given the additional work involved in all this transport reporting that we have heard about, and the additional functions at a higher level, I am greatly concerned that we may be setting some of these organisations up to fail from the start. Through new clause 11, I am seeking assurance that the Secretary of State will continue to assess and review whether authorities have sufficient support and capacity to carry out these functions, and ensure that they are not too onerous given the source of their funding—levies on the authorities beneath them and precepts directly on the taxpayer.
This Bill is a move away from how we have been funding local authorities; yes, some local authorities are on zero revenue support grants, but many are still quite heavily reliant on central Government funding, and this is the first opportunity for me to say, out loud: are we sure this is a good idea? We are creating a whole framework of legislation and a whole set of local authorities, that have no real central funding. New clause 11 provides the first chance to ask that question and get assurance from the Minister about precisely where the money is coming from. If the money is coming directly from our residents through precepting, we should say that out loud, so that they understand what they have let themselves in for.
Sam Carling
I have a brief, technical question. I might be mistaken in my reading of the provision, but I seek clarification about the arrangements for local transport plans. On Tuesday, the Committee agreed to clause 6, which amended the Levelling-up and Regeneration Act 2023 and the Local Democracy, Economic Development and Construction Act 2009 to introduce a standard of simple majority voting on combined authority boards. However, we included a grandfathering provision to allow some distinctive governance arrangements at existing authorities to continue.
Schedule 9 makes a similar amendment to the Transport Act 2000, specifically for the adoption of local transport plans, as we have heard, but this amendment does not have the grandfathering provision. Thinking of my own combined authority in Cambridgeshire and Peterborough, where local transport plans require a two-thirds majority, I wonder whether the Bill could create legal ambiguity that could lead to judicial reviews or legal challenges. According to clause 6, setting out the general arrangements of boards, the existing arrangements stand once this Bill comes into force, but according to schedule 9 they are overturned. Will the Minister clarify the Government’s intention there? Then we can find a way to remove that ambiguity.
Miatta Fahnbulleh
I thank the hon. Member for Stratford-on-Avon for her constructive and helpful amendment 252. In principle, the ability to integrate a land use framework and energy plan at the strategic level obviously makes sense. Regarding the amendment as drafted, the Government have consulted on a land use framework but have not yet provided a response, so the land use framework is not a tangible thing that strategic authorities can hinge their plans on.
Similarly, strategic spatial energy plans, which I have a lot of support for, and which I hope to see across the country, are at an embryonic stage. We do not know how high level they will be. The principle—that as strategic authorities are thinking about their strategic plans they should think about a whole host of things—holds, but we do not think that the amendment is appropriate because of the frameworks that it hinges on.
Vikki Slade
I wish to clarify the purpose of raising the issue of strategic spatial energy plans. There is a real risk that people confuse local area energy plans with net zero and climate change, but there is a possibility for us all to agree that it is far easier to put the role of the strategic authorities to think about the future of energy, from grid capacity to how we get things done, in those terms than to risk it becoming a net zero football. I would love to see, as the Bill goes through Parliament, a way for this measure to be inserted, because there are some real risks coming down the line, with potential leaderships that may try to drive things in a different direction.
Miatta Fahnbulleh
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.
(1 week, 4 days ago)
Public Bill Committees
Miatta Fahnbulleh
For mayoral strategic authorities, it will be the full general power of competence, but for foundation strategic authorities, at the single tier level, it will be exercised in the context of economic development and regeneration; the constituent local authority that makes that foundation strategic authority already has the wider general power of competence.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 21
Power of mayors to convene meetings with local partners
Vikki Slade (Mid Dorset and North Poole) (LD)
I beg to move amendment 8, in clause 21, page 23, line 28, leave out subsection (b) and insert—
“(b) one or more of the following—
(i) health and social care;
(ii) planning;
(iii) environmental concerns;
(iv) funding;
(v) sustainability measures;
(vi) education;
(vii) transport provision and
(viii) green and community spaces.”.
This amendment ensures that mayors must consider specific community matters when consulting with local partners.
In previous contributions, my hon. Friend the Member for Stratford-on-Avon and I have made clear the importance of decision making at the lowest possible level. I welcome the explicit provision on convening meetings with partners.
On clause 20, the Minister talked about the breadth of issues that come under the general power of competence and the scope and interest of combined authorities and mayors. We are concerned that the wording in clause 21 on the topics about which meetings can be convened is too narrow, as it is restricted to the items in clause 2.
There should be an ability to convene meetings at a strategic level about matters that are not covered there, such as education. Where skills are within the remit of the strategic authority, and education remains the remit of the constituent parts, the impact and the opportunities available would be across the strategic area.
There is also a concern that while the Bill provides the opportunity to convene meetings and consult, share and partner, it does not provide any sense of obligation for a mayor to do so where others are involved. We would like to see more of an obligation on mayors, rather than a sense of, “Let’s hope they do; if they don’t, never mind.”
The amendment seeks to broaden the scope of clause 21 beyond the items listed in clause 2. I am looking for some assurance that the Minister will be interested in broadening the clause so that we get a meaningful sense of two-way discussion, where the mayor is part of that area conversation.
The Opposition are not entirely persuaded of the argument for this amendment, although the point is well made. We will be listening attentively to what the Minister has to say.
We are always very conscious that there is a risk with this legislation of creating conflicts. I know you have done a lot of work in the past in the field of education, Mr Stuart; we have seen that the well-intentioned education policy of school autonomy can come into conflict with the statutory duties placed on a local authority. We need to ensure that is resolved. As we heard from the hon. Member for Mid Dorset and North Poole, education is a good example of where conflict can crop up—for example, a university technical college is part of the skills economy, but is also, for the purposes of the Bill, a school. There is a need to ensure that all those statutory duties are squared off.
Although we are not persuaded of the need for the amendment, we would like to hear what the Minister has to say so that we can be confident that those points have been fully taken into account.
Miatta Fahnbulleh
I thank the hon. Member for Mid Dorset and North Poole for her amendment. I am not sure that, as drafted, it achieves the intended effect. The Bill already defines the meaning of a relevant local matter as one that occurs within the geographical boundary of a strategic authority and relates to one or more of the areas of competence set out in clause 2. The areas of competence are deliberately broad to allow for a wide range of activities to fall within scope. However, the amendment would remove the existing references to skills and employment support, economic development and regeneration, climate change, public service reform and public safety. That risks inadvertently constraining the matters on which a mayor may convene meetings with local partners.
On the specific point about the dialogue needing to be two-way, I refer the hon. Member to the evidence we heard in the context of the Greater Manchester combined authority. Ultimately, for the mayor to have impact and traction, and to deliver, they must work with key partners, because ultimately those partners are the delivery arm of any strategic intent of the mayor. That requires two-way engagement and a two-way conversation. While we have not locked that in explicitly in the way that the hon. Member suggests in her amendment, that is fundamentally the principle that sits behind the way a mayor ought to work.
Siân Berry
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
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
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.
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
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.
Miatta Fahnbulleh
Yes. Where a local transport authority exists, the power will essentially be conferred on it.
We will discuss the detail of the regulatory framework when we come to schedule 5. I commend the clause to the Committee.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Schedule 5
Providers of micromobility vehicles
Vikki Slade
I beg to move amendment 372, in schedule 5, page 124, leave out lines 1 to 14.
This amendment would remove the Secretary of State’s power to make regulations which create exemptions from the prohibition on the provision of micromobility vehicles without a licence.
We welcome the clarification that micromobility vehicles will be licensed, but I am slightly concerned—I hope the Minister will provide some clarity—that the broad nature of the provision may inadvertently catch hundreds of leisure-hire businesses in tourist areas such as the Camel trail in Cornwall, the New Forest and parts of the Purbeck, where visitors can hire bikes from a public place. Those businesses do not need to be licensed, and licensing them would create a huge burden on the council and on those small businesses. They may be covered under the exceptions in proposed new section 22G, but if that is the case, it does not feel defined precisely enough—it talks about a person having made
“arrangements between the licensing authority and that person”.
I would like some clarity that the new section will not inadvertently capture businesses that are not share schemes whereby people pay by the minute or by the hour, which I think is the intention of the legislation.
We have Beryl bikes in Bournemouth, Christchurch and Poole, and in parts of Dorset. Such schemes are excellent and licensing them is a great idea. We want more measures to be put in place to protect pedestrians and road users, particularly from scooters. We have seen so many cases of unregulated and unlicensed scooters travelling at as much as 30 or 40 mph on pavements. Any additional measures to prevent that will be useful.
We also see a lot of e-scooters and e-bikes being used in crime. In Dorset, innovative work is happening, with smart water being used to spray offenders as they go, thereby allowing them to come back later and not risk either the offender or the police in a dangerous chase. Whatever we can do to make the legislation tighter for organisations would be a good thing.
I am sure I am not alone in regretting the fact that we still do not have clarification of the law on the private use of e-scooters and other micromobility vehicles. I am concerned that if local and strategic authorities are going to get more powers to license vehicles that are used through hire organisations, it will be a real missed opportunity if the Department for Transport were not encouraged to bring forward a decision on private use at the same time. So many local authorities get calls from the public about problems only part of which local authorities can deal with. Councillors’ and MPs’ inboxes are filled with people asking, “Why can’t you act on x?” We reply, “Well, we cannot act on that bit, but we can on that bit.” Alignment in respect of the use of micromobility for public or private use would be really helpful.
My particular concern, and the reason for the amendment, is that schedule 5 caveats important powers granted to strategic and local authorities by allowing the Secretary of State to override them with new regulations at any point of their choosing. That would appear to have a direct effect on the number and types of locations, as well as the purpose for their use. A situation last year demonstrates the point. Bournemouth, Christchurch and Poole council wanted to extend its successful partnership. We had no e-bikes in Christchurch, where the population was oldest and most in need of e-bikes, and we wanted to increase the physical number of scooters from 500 to 1,000, because the scheme was so successful. But the council was forced to come to the Secretary of State to get permission for changes that everybody locally wanted and that the provider could deliver, and we missed a window in the season when we would have got really strong use.
The amendment would delete lines 1 to 14 on page 124 of the Bill, so that the power truly remains at the local authority level, rather the powers just granted being undevolved by allowing the Secretary of State to override them. I will be grateful to hear the Minister’s thoughts on that.
Miatta Fahnbulleh
I thank the hon. Lady for tabling the amendment. I have a lot of sympathy for the principle behind it. The framework that we have set out is necessarily broad in scope to capture all types of micromobility schemes, including those that may emerge in the future. We have made it clear, however, that the exception power ensures proportionality in licensing to avoid unnecessary burdens on, and the criminalisation of, businesses such as those to which she referred that operate small, low-impact schemes. We have specified the type of exemptions that we expect we might make in order to keep the scope of the power contained—for example, community schemes with a handful of cycles, or cycle hire on privately owned but publicly accessible land. While I accept the sentiment behind her proposals, I do not believe that the amendment is needed. I therefore ask that it be withdrawn.
Vikki Slade
That deals with my first concern, but the second one was about subsections (2) and (3) in proposed new section 22G on the first 14 lines of page 124. However, I apologise and withdraw my comments—the clause applies specifically to the exemptions and not to the ruling. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
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.
(1 week, 6 days ago)
Public Bill Committees
Miatta Fahnbulleh
The public rightly expect that mayoral strategic authorities will have access to the expertise they need, that they will work with businesses and other stakeholders, and that mayors will work full time to deliver for their communities. Mayoral strategic authorities will undertake critical new functions, including a stronger set of planning, transport and skills powers and, increasingly, police, fire and public health duties. The authorities will also represent their region in engagement with national bodies, and undertake joint working with partners. It is simply not realistic to expect a single mayor to do all that on their own.
The appointment of commissioners will be a local decision and no additional funding will be provided. I will gladly take Members’ questions now, but when we discuss schedule 3 in four groups’ time, I will expand on some of the checks and balances we are introducing to ensure that commissioners add real value to local decision making. I commend clause 9 to the Committee.
Vikki Slade (Mid Dorset and North Poole) (LD)
The name of the Bill promises devolution and community empowerment, yet a number of its clauses cause the Liberal Democrats some concern, and this is one. A key principle of democracy, local or national, is to have elected people—Ministers, Members of Parliament or councillors—delivering for the people who elect them. It makes little sense that a mayor of a combined county authority or combined authority, with dozens or scores of skilled constituent councillors and council leaders beneath them, might instead choose to appoint a commissioner to such an important role.
We heard in oral evidence from Councillor Bev Craig about the model used in Manchester, where the leaders of the constituent councils perform one of the portfolios. That strikes me as much more appropriate in a large strategic authority, where each of those individuals has skin in the game. There is no reason why a mayoral authority should not operate in the same way as large unitary authorities do. Mine represents more than 400,000 people and does not require a commissioner to look at planning, although it does have a head of planning—a paid member of staff. Policy decisions have in the English system traditionally been made by politicians, so I struggle to see why creating a new layer of authorities, further away from people, should take away the principle that such decisions should be made by elected people.
Some have suggested that there are not enough constituent council leaders in some areas—perhaps areas that have only three or four council leaders. There are some incredible deputy leaders and portfolio holders. There may be a case for drawing from a broader pool, but suggesting that those people are not sufficiently qualified in understanding their area or area of expertise could damage the respect that council leaders have in their area, as well as the connection between a constituent council and the strategic authority that sits above it. If we want constituent councils to drive better strategic decisions and better strategic outcomes for all residents, it would be much more sensible to give those individuals a real role in the authority. Given the way that additional responsibility allowances are scheduled, that can be a lot cheaper, because the Bill does not provide for people to have the double allowances that we already have in other parts of the system.
If we bring in external individuals as commissioners, there will be few checks and balances; they are not democratically accountable. The mayor may well be able to remove them, as is detailed in the Bill, but the public cannot remove them. Fundamentally, the people who are making policy decisions should be able to be removed by the public. They should also be held to the standards regime, as well as the other elements of conflicts of interest and financial declarations that councillors must follow.
I think that is all I want to say, but I feel really strongly that a model is there, such as the one in Manchester. We have heard about London evolving over time, but we have some great models running in the country. To me, it seems a sensible way forward to look at what they are doing in Greater Manchester, which is already incredibly successful.
Andrew Cooper (Mid Cheshire) (Lab)
As the hon. Lady refers to Greater Manchester, I am minded of the role that Chris Boardman has played in Greater Manchester in rolling out active travel. He is unelected, and I think it would be a shame if we could not take advantage of such a person’s expertise. Does she accept that is a risk with what she proposes?
Vikki Slade
There is a role for experts, but the role of the commissioners, as they are seen through this lens or this organisation, is far better suited to people who are elected. Councils around the country, including Manchester, can appoint individuals to do specific roles for a specific period of time, but the role of commissioner lies in those strategic decision-making pieces that are integral to their shape, and they ensure that an individual cannot independently run a fiefdom. I think it is really important that there are local people who are accountable. There is nothing to stop an organisation from appointing an individual expert, as they do all over the country, but they do not need to be called “commissioners”.
Sam Carling (North West Cambridgeshire) (Lab)
With your permission, Sir John, I will make some references to schedule 3 as well as clause 9, just to do it all in the same place. I will start by responding to some of the hon. Lady’s points. She raises some valid concerns. I will just give the perspective of someone who lives in quite a fractious combined authority area. I think my combined authority board currently has two Conservatives, two Lib Dems and two Labour—that is not enough people, so it must be 3:3:2, but I cannot remember which way around.
We also have the Manchester system at the moment, whereby different people hold different portfolios, which has led to a lot of politicisation. We have a Conservative mayor now, and we previously had a Labour mayor, but under both there was a lot of game-playing going on and a lot of difficulty, so I think it would be helpful for the mayor to be able to appoint commissioners just to get on with delivering their strategy. They are directly elected, and although I disagree with my mayor on a lot of things, I accept his mandate. It may well be helpful for mayors across the country to be able to deliver the strategy that they have stood on.
My concern relates to the relative sizes of combined authorities in a uniform approach to commissioners, and whether we can look at how to deal with that. To give an example, Greater Manchester has 3 million residents; Cambridgeshire and Peterborough has around 1 million. Similarly, the Greater Manchester combined authority has 3,500 staff—or 4,600 if you include Transport for Greater Manchester—while Cambridgeshire and Peterborough combined authority has 139 employees, according to a freedom of information request from March 2024. The difference in scale is significant, and obviously the amount of work for commissioners to oversee is therefore significant.
I do not want to put the Minister on the spot now, but could she write to me at some point to give context on whether the Government have considered modifying the number of commissioners that a combined authority mayor can appoint with respect to that variance in size, or perhaps the allowance payable to those commissioners, so they would be more part time in smaller authorities? I note that amendment 293, which we will discuss later, relates to allowances, and I can imagine that the Government want to allow flexibility so that local areas can do what is best for them, which makes perfect sense.
Within my area, if commissioners were paid at director level, that could cost well over £1 million. Senior officers can earn in excess of £100,000, which is a significant sum, and it is more than mayors themselves or many Government Ministers earn. That may well be appropriate in London, where it works and seems to be doing a great job, but London is a lot bigger than some other authorities. I thank the Committee for listening to those thoughts, and if the Minister could give some clarity on how we can deal with some of those issues, I would be really grateful.
Siân Berry
I had not previously heard the Conservatives’ argument on this issue, and I have to say that I disagree. The Minister said that the original intention of the policy was to allow for a wide range of precepting, and if there is one thing that directly elected mayors are really accountable for, it is the level of precept that they set.
I am in favour of creativity in conversations with the electorate about what initiatives, appropriate to the local area, might be funded by precept on a short-term basis or just in the local area. The way that the provision is set up allows mayors to be properly accountable for that. I worry less about it resulting in huge tax rises without consent, because consent is built in at election time.
I appreciate the concerns about austerity continuing in councils that are underneath and part of the combined authority if mayors are taking up available taxpaying powers. In every debate in this Committee, I would love to bring up the fact that all this reorganisation is happening in the absence of an end to austerity. The Government need to provide more funding to local councils so that this is not all being taken in council tax, which is a very unfair tax.
Vikki Slade
I have no principled objection to the mayor setting a precept. I found it confusing when I heard Mayor Houchen explain how he had a zero precept. How does anything get done? Where does the money come from? [Interruption.] I am sure he has a salary, and I am sure he has an extensive office that is paid for by someone. I accept that the principle of a precept is, in some respects, self-limiting, but what bothers me is that the combined authority mayors have no referendum cap, unlike upper-tier, lower-tier, police and crime or fire authorities.
It is fire authorities I particularly want to speak to, because although some Government amendments have been tabled on the role of the mayor in terms of fire and rescue, there is almost silence in the Bill about the role of the fire and rescue service, while embracing it completely and almost making the whole service disappear. I am really concerned that fire authorities are already desperately under-resourced. Dorset and Wiltshire Fire and Rescue Service gets £1.76 a week per household. It has desperately been trying to get a 20p per week increase, but has been told, “No, you can’t have that.” There is nothing in the Bill that protects and ringfences any money for fire services, whereas there is more talk about police services. I am looking for some reassurance and commitment about how fire services funding will be properly resourced and ringfenced to make sure that no area suffers as when we had those horrendous wildfires, where fire services had to beg, borrow and steal equipment.
Miatta Fahnbulleh
We are all hugely sympathetic to the funding of fire and rescue—as we see climate change, the imperative of fire and rescue services is key—but it is outside the scope of the Bill. We believe that we have the balance right between allowing precepting powers for mayors and allowing democratic accountability by which the electorate can hold any mayor and politician to account.
Question put, That the amendment be made.
(1 week, 6 days ago)
Public Bill Committees
Siân Berry
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 2 ordered to stand part of the Bill.
Clause 3
Single foundation strategic authorities
Vikki Slade (Mid Dorset and North Poole) (LD)
I beg to move amendment 4, in clause 3, page 2, line 27, leave out subsections (1) to (3) and insert—
“(1) A unitary district council or a county council may submit a proposal to the Secretary of State for designation as a single foundation strategic authority.
(2) A proposal under subsection (1) must be prepared in such form and contain such information as the Secretary of State may by regulations prescribe.
(3) The Secretary of State may by regulations designate a unitary district council as a single foundation strategic authority if—
(a) a proposal has been submitted in accordance with subsection (1), and
(b) the Secretary of State is satisfied that the designation is appropriate having regard to the need to secure effective and convenient local government in relation to the areas of competence.”
This amendment would restrict the Secretary of State's power to designate a single foundation Strategic Authority. Instead, a local authority would initiate the request by submitting a proposal to the Secretary of State.
The Chair
With this it will be convenient to discuss the following:
Amendment 28, in schedule 1, page 87, leave out lines 1 to 29.
This amendment would remove the Bill’s provision for the Secretary of State to have powers to prepare a proposal for there to be a mayor for the area of an existing combined authority.
Amendment 29, in schedule 1, page 95, leave out paragraph 33 and 34.
This amendment would remove the Bill’s provision for the Secretary of State to have powers to prepare a proposal for the establishment of a CCA without a public consultation.
Vikki Slade
Amendments 4, 28 and 29 seek to ensure that this is a genuinely community-led devolution—I am sure that we will repeat that many times throughout the morning. Fundamentally, the Bill seeks to move decision making closer to home, which we welcome. However, closer to home needs to start at home, and we want it to be councils that take the initiative to establish a single foundation authority, not the Secretary of State. We also believe that the public should play a role, and therefore this process should involve consultation, which we believe these amendments will provide.
This is a really important issue for us; we think it is fundamental to the whole concept of devolution. As a result, my hon. Friend the Member for Stratford-on-Avon will speak to these amendments in more detail, and we will push amendment 4 to a vote.
We know there will be quite a degree of debate on this in due course. We sympathise with the objectives of the amendment, and we all share the concern that local people should be the ones who initiate change in the structures that govern their local areas, not the Secretary of State or the man in Whitehall who knows best. Therefore we have sympathy with the objective, and we shall return to that debate later on with some of the amendments around the structures.
Miatta Fahnbulleh
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.
Vikki Slade
The reality is that the only reason they are queuing at the Minister’s door to access devolution is that they are being denied access to funding if they do not. Let me give the example of Wessex: Somerset, Dorset and Wiltshire have all been unitarised over the past 10 years. They should have been in the ideal position, but they were overlooked for the first wave of devolution. They were apparently not ready, and I accept that fact, but they have missed out this financial year on more than £300 million—£159.29 for every single household in that area—compared with other areas. They have no real choice but to devolve to a single authority, because why would their residents think it is acceptable for them to miss out on £300 million? So it is not fair, or it is disingenuous, to suggest that this is not compulsion. The other point I want to make—
Vikki Slade
I beg to move amendment 30, in clause 3, page 2, line 32, at end insert—
“(3A) Before making a designation under this section, the Secretary of State must consult town and parish councils within the area of the proposed single foundation strategic authority.”
This amendment would require the Secretary of State to consult town and parish councils prior to the unitary district council or county council within which they are situated being designated as a single foundation strategic authority.
The Chair
With this it will be convenient to discuss the following:
Amendment 266, in schedule 1, page 79, line 15, leave out subparagraph (b).
This amendment, and Amendments 267 to 273, remove the ability of the Secretary of State to create, or make certain changes to the governance or composition of, combined authorities without consent of the councils involved.
Amendment 267, in schedule 1, page 79, line 33, leave out subparagraph (b).
See explanatory statement for Amendment 266.
Amendment 268, in schedule 1, page 80, line 18, leave out “subsections (3) to (5)” and insert “subsection (3)”.
See explanatory statement for Amendment 266.
Amendment 269, in schedule 1, page 80, line 20, leave out paragraph 6.
See explanatory statement for Amendment 266.
Amendment 270, in schedule 1, page 80, line 21, leave out paragraph 7.
See explanatory statement for Amendment 266.
Amendment 271, in schedule 1, page 82, line 11, leave out paragraph 14.
See explanatory statement for Amendment 266.
Amendment 31, in schedule 1, page 83, line 3, at end insert—
“(6A) The Secretary of State must consult town and parish councils within the proposed new combined authority area.”
This amendment would require the Secretary of State to consult town and parish councils prior to proposing a new combined authority in the area in which they are situated.
Amendment 272, in schedule 1, page 85, line 31, leave out paragraph 17
See explanatory statement for Amendment 266.
Amendment 27, in schedule 1, page 85, line 37, at end insert—
“(2A) The Secretary of State has obtained consent for the proposal from any affected local government area.”
This amendment would require the Secretary of State to obtain consent from all affected areas in preparing a proposal to add a local government area to an existing area of a combined county authority.
Amendment 32, in schedule 1, page 86, line 20, after “to” insert “and thereafter consult with”.
This amendment would require the Secretary of State to consult with any of the relevant councils and persons given notice that an area is being proposed to be added to an existing combined authority.
Amendment 33, in schedule 1, page 86, line 27, at end insert—
“(da) any town and parish councils whose area would be added to the area of the combined authority, and.”
This amendment would require the Secretary of State to consult local councils prior to proposing the area in which they are situated is added to an existing combined authority.
Amendment 273, in schedule 1, page 87, line 30, leave out paragraph 18.
See explanatory statement for Amendment 266.
Amendment 274, in schedule 1, page 92, line 12, leave out subparagraph (b).
This amendment, and Amendments 275 to 280, remove the ability of the Secretary of State to create, or make certain changes to the governance or composition of, combined county authorities without the consent of the councils involved.
Amendment 275, in schedule 1, page 92, line 35, leave out subparagraph (b).
See explanatory statement for Amendment 274.
Amendment 276, in schedule 1, page 93, line 40, leave out paragraph 29.
See explanatory statement for Amendment 274.
Amendment 277, in schedule 1, page 94, line 1, leave out paragraph 30.
See explanatory statement for Amendment 274.
Amendment 278, in schedule 1, page 95, line 23, leave out paragraph 34.
See explanatory statement for Amendment 274.
Amendment 279, in schedule 1, page 99, line 5, leave out paragraph 37.
See explanatory statement for Amendment 274.
Amendment 280, in schedule 1, page 101, line 1, leave out paragraph 38.
See explanatory statement for Amendment 274.
New clause 23—Consent for local government restructuring—
(1) The Secretary of State may only make an order or regulations to create, change, or dissolve a strategic authority with the consent of all the constituent councils.
(2) The “constituent councils” are any county council, district council, town council or parish council.”
Vikki Slade
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.
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
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.
Mike Reader (Northampton South) (Lab)
I would just point out—I will say this multiple times in this Bill Committee—that, as someone in an area that has become unitary, no one is ever saying, “We want more district, borough and county councils, rather than fewer.” We have to be careful not to suggest that there will be less engagement with the council because we are going to unitaries.
Could the hon. Lady set out what legal change to parish councils she is concerned about? What powers are they losing? I cannot see any change in a parish councils’ powers under the Bill.
Vikki Slade
No power is being lost, because parish councils have few powers in the first place. What we are suggesting—what we feel should be at the heart of devolution—is about consent: actually consulting those local organisations that have a role. They are tax-raising and grant-giving organisations. They are, in reality, taking on a lot of those services yet their voice is silent. We are not asking for their powers to be changed; we are asking for their voices to be heard. That is all that the amendment requires.
Andrew Cooper (Mid Cheshire) (Lab)
I was a town councillor for a good decade and a half before I became an MP. We went through unitarisation in Cheshire in 2008, so I recognise a lot of what the hon. Lady is saying about town and parish councils being asked to take on more services—I saw it under the last Conservative Government as funding was taken away from Cheshire West and Chester council.
The reason why I am mystified is that my experience of town and parish councils is that they are not shy about expressing themselves. I am not sure what the hon. Lady is looking to achieve with the amendment, because town and parish councils are perfectly free to express their view in the consultations that already happen when these authorities are set up. Is she suggesting that town and parish councils should have a veto? From the way her amendment is worded, that seems like an entirely different proposition. Could she clarify that?
Vikki Slade
Nobody is suggesting a veto; we are suggesting a voice. There is a big difference. We have already heard that district councils felt that they were pushed around by the county councils, and the experiences of town and parish councils are simply an acceleration of that; when these proposals were being put forward by the Minister earlier this year, there was absolutely no role for those councils. We are simply saying that there are layers of local accountability that we believe should be on the list of people who are consulted.
This is a simple amendment that says, “You are already consulting other organisations in the chain of command. You should also include the town parish councils in that chain.” That is why we believe that amendment 33 is critical, as it
“would require the Secretary of State to consult local councils prior to proposing the area in which they are situated is added to an existing combined authority”,
and why we will push it to a vote.
I shall speak to the amendments standing in my name. There is a degree of overlap between the points made so far and the subject matter of my amendments: all of them revolve around the issue of localism and consent. As has been clearly expressed, I have a degree of sympathy for the points that have just been made, particularly those about the role of parish and district councils in agreeing to and steering this devolution process.
When we had our witness session just a few weeks ago, we heard from Councillor Sam Chapman-Allen of the District Councils’ Network and from Justin Griggs, the head of policy and communications at the National Association of Local Councils, which represents the parish councils and parish meetings of England. Both of them emphasised in their evidence the need for and the importance of that local voice. I reflect on legislation passed recently—particularly the Police, Crime, Sentencing and Courts Act 2022, which strengthened the powers that our communities sought for local authorities to deal with unauthorised encampments. One of the things we missed was the opportunity to enable parish councils and parish meetings to use those powers. That is a really concrete example of where our constituents would have benefited.
We know there are both sins of omission and sins of commission. I suspect it is a sin of omission that the Government have failed to use the opportunity of this legislation to complete the devolution work that they talk about, and to ask, “What role will those elected bodies at the town and parish level be able to play in the context of this new devolved world?” It speaks to something that I know the Opposition have real concern about: a form of institutionalised disrespect for local leaders that is built into this process. There is wholesale abolition of the local voice at scale, and proposals that the Secretary of State will direct, rather than consent.
Sir John, you will perhaps call to mind Lord Porter, formerly Gary Porter of South Holland, as one of those many local leaders whose approach and insight really shaped the nature of that local community. Reflecting on my time in local government, I had the opportunity to serve with people with very senior public and private sector leadership experience who steered the strategy of the local authority to deliver for local residents. To be told that the Government’s view is that they are to be mere community convenors, and they are not to have a role in that strategic leadership, is frankly insulting to the work that so many of our local leaders do.
The value of that was spelled out very clearly in our evidence session. I was particularly struck by Councillor Bev Craig, the Labour group lead and LGA vice-chair at the Local Government Association, who talked about how the Greater Manchester model worked because of that local leadership and the power of those individuals to come to the table and drive forward devolution, efficiency and service quality.
The amendments broadly fall into two categories that I have made today. The bulk of them are entirely about removing the ability of the Secretary of State to dictate to local areas—as was threatened by the Government when this devolution process started—what that devolution arrangement would look like, without the consent of those local areas. As my hon. Friend the Member for Hamble Valley has spelled out, of the many proposals that have come forward, we have not seen a single one embracing what the Government have set out, but a number of rival proposals for that reorganisation.
It is very clear that there is not any significant degree of local consent. There is a threat, and there is some money on the table to bail local authorities out, but they can have it only if they do what the Government want. If local authorities do not do it now, the Government will take powers to make them do it to their own agenda later on. That is the very opposite of localism. When we put the Localism Act 2011 through Parliament, it was broadly supported by all local leaders and Members of Parliament, and that was because we recognised the value it added at all levels. This process, however—the centralising element of the Bill—says that it will be a man or woman in Whitehall who decides: they will tell us what is in the interest of our community.
Vikki Slade
I beg to move amendment 38, in clause 3, page 2, line 32, at end insert—
“(3A) The Secretary of State must make provision to ensure councils designated as a single foundation strategic authority receives adequate funding to facilitate their transition.”
This amendment would require the Secretary of State to ensure that councils designated as a single foundation strategic authority receive funding to facilitate their transition.
The Chair
With this it will be convenient to discuss the following:
Amendment 39, in schedule 1, page 84, line 13, at end insert—
“(9A) The Secretary of State must make provision to ensure the combined authority receives adequate funding to facilitate its establishment.”
This amendment would require the Secretary of State to ensure that combined authorities receive adequate funding to facilitate their establishment.
Amendment 361, in clause 19, page 22, line 32, at end insert—
“(f) funding which has been allocated to support the establishment of new strategic authorities.”
This amendment would require the annual report on devolution to include an account of funding provided to support the establishment of new strategic authorities.
Vikki Slade
Our councils are struggling to make ends meet. With so many on the edge of a precipice, I can see why they would be queuing up to create a strategic authority, which come with millions of pounds. There is, however, huge concern in councils that the cost to set up and run these organisations is oblique, and that there is a risk that the cost of running them will be passed to local people through additional precepting. I can tell the Committee from experience that the tens of millions of pounds that it is said will be saved by creating strategic authorities generally are not saved, and that if they are saved, they are replaced with other costs and take 10 years to materialise. Many councils do not have 10 years before they will go bust.
I am acutely aware that some funding was put aside for those organisations in the devolution priority phase, but when I asked the previous Minister what was happening with funding for future phases, I was met by stony silence. He explained to me that in order to progress there would need to be money in the settlement, but at the same time he talked about having already made a three-year settlement. That suggested to me that those organisations that are not already funded perhaps will not be funded within a three-year period, because there is no money. Given that those organisations are already telling us that they are £300 million short this year because they are not in the programme, but the Minister has no money set aside for next year to continue the programme, where is the money coming from?
Our amendments 38, 39 and 361 would require the Secretary of State to ensure that authorities receive adequate funding at least to facilitate their establishment, if not their continuation. It is crucial that local leaders—and local people, when they vote to make this progress—do not tie themselves down to additional costs that they cannot afford. That is why we feel it is important to press amendment 39 to a vote. My hon. Friend the Member for Stratford-on-Avon will elaborate further.
I had the privilege of spending 24 years in local government, divided equally across the previous Labour, Conservative and coalition Governments. I do not think that local government felt at any point in those 24 years that it was well funded and there was plenty of money to go around. In every single one of those years, irrespective of who was in government, our starting point when setting council tax was, “How are we going to meet a very substantial savings target?”
Vikki Slade
Will funding be made available for areas that are not yet in a programme on the same footing as the areas that are already in one? It would be completely inappropriate if that funding was not committed to. I want to get that on record.
Miatta Fahnbulleh
We have established a principle that there should be mayoral capacity funding. We have established a principle that for places that are going through the transition, to ensure that any mayor that is created is able to hit the ground running, capacity building needs to be a core part of that. That applies to the places that are going through the devolution priority programme at the moment, but the same principle invariably will apply across the piece.
Vikki Slade
We were seeking to divide only on amendment 39, but given that we have had that assurance, I am happy not to do so. I beg to ask to leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 3 ordered to stand part of the Bill.
Clause 4
Combined authorities and CCAs: establishment, expansion and functions
Question proposed, That the clause stand part of the Bill.
Miatta Fahnbulleh
Clause 4 introduces schedule 1, which will streamline and simplify existing processes for establishing new combined authorities and combined county authorities, and for changing the arrangements of existing authorities. The Government have been clear that their goal is to achieve universal coverage of strategic authorities. We are therefore confident that clear and tangible benefits of devolution will be experienced across the country. We have also been clear that we want to create mechanisms that will ensure that the process is streamlined—that it is fast, and effective and efficient locally—and allows representation, but fundamentally allow us to move through the process that we see appetite and demand for across the country.
The powers introduced by the clause will be used as a backstop. They will be deployed only where we have devolution deserts and we want to work with areas to remove blockages, to the benefit of residents.
Vikki Slade
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.
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.
(1 month, 1 week ago)
Public Bill CommitteesI 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 (Mid Dorset and North Poole) (LD)
Q
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.
The Chair
Donna Jones, we have five minutes left for this panel.
Donna Jones: I will be very brief. While I was effectively advocating for my own job to go, I support what Tracy is saying, because it is about representing the public as best we can and spending taxpayers’ money wisely.
I will give you an example of why there is support for police and crime powers, as well as fire, going into a mayor’s office. One of the biggest frustrations that I have had as a police and crime commissioner has been the lack of ability to convene. I can convene with good will, so I can ask people and bring them together, but I get all different levels from different councils. Sometimes I get the director of children’s services or the director of adult social care coming to my strategic violence reduction meetings; sometimes I get the community safety manager.
Community safety partnerships are hit and miss in a lot of councils—you will know that from your patch. Some district councils see the benefit in community safety, and they still have their community wardens; in others, the emergency planning manager is doubling up as the CSP manager. PCCs have historically paid money towards the CSP manager and the functions that they are delivering, knowing that really, they are just propping up the council’s emergency planning management team, and there is not really a CSP at all. It comes together when, sadly, a baby has died or there is a need to convene a domestic homicide review. That still sits at the district council level, which is an oddity to me.
A whole load of things are aggravating factors. On the serious violence duty, for example, my requirement is to make sure that everyone who has a duty under that is fulfilling it, but I do not have a direct duty myself. I have to make sure that all the councils are doing what they need to do. Each year, I am given a pot of money from the Home Office to do the strategic needs assessment, and then I co-ordinate that and pass it back to the Home Office, on behalf of prisons, probation, the police and all my councils. Some councils turn up and play a part in that; some do not.
Giving the mayor the public safety commissioner role, so that what the councils are currently doing can be pulled through the mayor, and so that the mayor has the right and ability to convene and make sure that people are working and fulfilling their duty to collaborate, will be a game changer. It will make communities safer. However, police moneys are ringfenced, while fire money is not—that is a matter for you.
In relation to local resilience forums, I completely agree. Baroness Jane Scott, who was Minister in the then Department for Levelling Up, Housing and Communities, did a pilot about having sub-committees sitting under the main LRF executive, which is politically led, to brief MPs and council leaders on the highest risks that the council chief execs are working on with all the statutory agencies. We were not one of the selected areas, but we have decided to go ahead and set one up in my area and, as the police and crime commissioner, I am currently chairing it.
Ben Houchen: There has been a huge Government push, in recent months, to try to get the co-ordination and coterminous boundaries to match, because this Government have definitely doubled down on the idea that mayors should be both police and crime commissioners and in charge of the fire authority.
It probably does not surprise many people in this room that I am one of the exceptions among pretty much all the mayors that are currently elected. Again, for me, it comes back to the strategic point. It is not particularly about the police; it is about the role of the mayor and the role of the combined authority. I personally believe—and I would say this, would I not?—that one of the reasons many of the combined authorities have been so successful is because we have a very narrow remit, which is largely economic regeneration, investment and job creation. That obviously links in to things such as transport and skills, and there is therefore a logical argument to take that further to health, policing and fire and so on.
I would go a different way. If it were me—as I have said, it is not me and it will not be me—I would not give us such broad powers. I would not give me police or fire. What I would give me is more powers over the things I already have a remit for. I would go deeper, rather than broader.
I would therefore try to build into a Bill the need and requirement for better consultation and co-ordination with other democratically elected leaders. The LRF is a perfect example of better co-ordination. The mayor should be on the local resilience forum—that is just a miss, because we are brand new. It does not mean that we have to take over the local resilience forum and be in charge of it all; I think the concept goes beyond that. Obviously, I would say that, as a small-state Conservative, because the more powers you give us, the broader, the more bureaucratic and the less effective we become. Keeping us narrow, but giving us more powers in relation to what we have control over, rather than just broadening it out, will give you better outcomes from us. As I say, I know that I am the exception to the rule in that opinion.
Q
Bill Butler: There is a standard basis for it standardisation and simplification so that you can move between sets of accounts. It seems hugely sensible. Interestingly, I can remember having similar discussions in the early 1980s, when I first qualified, with the then Department of the Environment’s technical advisers. We have made some progress. Yes, the inconsistency is odd. As Gareth said, it causes problems for auditors as well, because they move between places. It does not help the underlying problem that we have been discussing.
Vikki Slade
Q
Gareth Davies: I work with the current Public Accounts Committee in Parliament. In that set-up, it is an essential part of the effectiveness of the accountability system. I have seen how the Committee works, and it works extremely well on a non-partisan basis. It has a hugely dedicated membership pursuing accountability across government, so it is a very effective model in the House of Commons. Such a body is normally positive in local government in the context of combined authorities—that is where I have seen it mentioned most. As I said earlier, having an audit committee in every local authority is an essential part of good governance. Questions like, “Are we managing the risks to the organisation effectively? Are the controls that we think we have in place operating as intended?” are the meat and drink of an audit committee agenda.
Where a local public accounts committee might have an effect would be in looking across the public service landscape—say, at a combined authority or sub-regional scale, in Greater Manchester, in the west midlands or wherever. I think there is a gap there at the moment. One of my last roles before I stopped auditing local government was auditing the Greater Manchester combined authority; it was ramping up in scale at the time, and it was getting to be very significant, including some health spending and so on. As we know, it is the most developed of the devolved set-ups at the moment. I can see how, in that arena, a local public accounts committee would add real value by looking beyond the institution, which an individual audit committee cannot do, and by looking at value for money in the sub-region. If that is what we are talking about, it would be a body that we in the National Audit Office could engage with in order to follow the public pound from national policy making, through to sub-regional infrastructure and so on, and through to council delivery. All parts of that are important, including right at the individual local authority level.
Bill Butler: I have nothing to add.
The Chair
Do you agree with Gareth?
Bill Butler: I do. My only plea at the moment is that what we have got does not work, so that may be an aspiration.
Miatta Fahnbulleh
Q
Sacha Bedding: The first thing is that we have to make it accessible. I will always advocate for a community organising approach, because I think that releasing people’s agency, so that they feel that they can take action on the things they care about, is a route to that. However, whether it is asset-based community development, old traditional community development or community organising, that is where we start. We start where people are, not where we would like them to be.
If we can do that and resource that, there are thousands of people willing to roll up their sleeves and get involved where they live. I see it every day; you see it in your constituencies every day. This is not some great big secret—it is just, “Go out and ask them.” On the flipside of that, our sector, like every other sector, has been hammered for a long time, but releasing the skills and talents of local people to take action on the things they care about will answer that question.
Vikki Slade
Q
Sacha Bedding: I do not work in an area of environmental concern. If there are environmental opportunities in places, the broader the scope of what we consider an asset of community value to be, the better, in my opinion. I do not think we should prescribe that it must be bricks and mortar. For us in Hartlepool, things such as long-term plans for neighbourhoods should include the sea. That is our greatest asset, after the people who live there, and every community plan could involve the sea, for example. The environmental opportunities are there; whether we can distinguish whether they are social or environmental does not matter—let us expand the scope.
However, we should also look at the right to shape public services, because too often the people who are receiving services do not have a stake in the design of those services and the right to control investment. That is a big one. I do not mean, for example, Hartlepool getting 10 nuclear modular power stations, although that is great news; I mean at the neighbourhood level, where houses can be built, or not built, as we have just heard. People should have a stake in that decision. If you want more housing built, work alongside people who live in that community now. Do not just internally exile them, flatten the houses and say, “Hard luck, son.” That is not an answer.
The more expansive the assets of community value are, the better. The opportunity to expand the community rights is there, and it makes more sense for everybody. On homelessness strategies, where people are still on the streets and we are spending hundreds of thousands of pounds, or a literacy strategy, where one in three people is illiterate and that works with cohesion, if people can bring those together, they will coalesce around a place, and they can do that far better if those rights are enhanced.
The Chair
Thank you very much, Mr Bedding, for coming down and for your evidence. I will suspend the Committee for 10 minutes, because our Minister has been sitting here and she has to give evidence next. We will resume at 5.20 pm.
Q
Miatta Fahnbulleh: I come back to the fact that it is not just about savings and efficiency, but about removing fragmentation and about what makes sense in terms of the types of services that we are asking local authorities to deliver—it is a whole set of things. That is our benchmark, but ultimately the basis of localism is to say to places, “Given these parameters, what do you think makes sense?” We will use that to make decisions.
Vikki Slade
Q
Miatta Fahnbulleh: The push of powers to communities is absolutely critical to us, and the duty on local authorities to think about neighbourhood governance is trying to get to the heart of that. Parish councils may be the structures and institutions that the local authority decides to build on, but it is not consistent across the country, so we have to ensure that we are finding the right governance structures for different places so that communities have a genuine voice. We have to ensure that we have diversity of representation, which we need for this to be enduring and for it to ensure that there is power and voice for communities. The commitment is there, and that is why we have it. We were very clear that this was not just about strategic authorities or local authorities, but was absolutely about the neighbourhood level. How we get that right has to be a conversation—an iterative relationship with places. That is the bit that we are absolutely committed to.
Mrs Blundell
Q
Miatta Fahnbulleh: We are clear that councillors have an absolutely fundamental role to play in the democratic system that we are trying to create. They are not only elected, but champions and conduits for their community.
As we drive through these reforms, there is a question about how we build on the power of councillors and the role that they play, whether within our neighbourhood governance structures or, indeed, in how they interact with the mayor, and the accountability and scrutiny of the mayor.
You can have our assurance that councillors have a fundamental role in the landscape and are part of the infrastructure that we need to build on. There are huge opportunities for that as we take the process forward.
(1 month, 1 week ago)
Public Bill Committees
The Chair
Before we start hearing from the witnesses, do any Members wish to make any declaration of interest in connection with the Bill?
Vikki Slade (Mid Dorset and North Poole) (LD)
I am a member of Bournemouth, Christchurch and Poole Council.
Manuela Perteghella (Stratford-on-Avon) (LD)
I declare that I used to be a parish councillor and, until March, a district councillor for Stratford-on-Avon.
Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
My husband is a sitting councillor on Rochdale borough council.
Vikki Slade
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.
In case we do not get to it this afternoon, Donna Jones, one of the witnesses, is a personal friend of mine.
Maya Ellis
Q
Justin Griggs: One of the ambitions that the Government set out in the White Paper and the Bill is to simplify local government structures and make them much more consistent. In 92% of England, if you leave your house, the first place where decisions are taken for you is in the stewardship of your park and open spaces, and in the supporting local organisations. You would not have that in many parts of England under local government reorganisation.
Those structures should be set up, and it is very much in keeping with other phases of reorganisation. Cornwall, Shropshire and Northumberland are fully parished. It would very much go with the grain and good practice of what has happened previously. It is really helpful—credit to Sam and many of his members—that many district councils are conducting community governance reviews to take a look at neighbourhood and community governance in their areas, where there is interest and appetite to set up new councils, so that they have a structure and a voice for taking action.
On the ingredients of how neighbourhoods can work, it is really helpful that the Government have set out that they see neighbourhood governance and models such as neighbourhood area committees as not undermining parish and town councils, but recognising their role and how they should be hardwired into representation on those committees. That goes to the heart of how we need to get all tiers of local government—strategic authorities, unitary authorities and parish councils—working collectively to benefit their residents.
Sam Chapman-Allen: It is important that the Secretary of State and Whitehall do not dictate what those local government and neighbourhood arrangements look like. It is for local places, local residents and local councillors—whether town, parish, district, unitary or county councillors—to decide what those types of neighbourhood models look like, bringing everyone together from the voluntary sector to the public sector, and the private sector if required, to deal with the challenges in that place-based locality.
Vikki Slade
Q
Sam Chapman-Allen: I come back to my previous response: it is for local places to decide. Everywhere will look different. Casting ourselves back to where we are in Norfolk, we have the fantastic cathedral city of Norwich and the two massive coastal ports of Great Yarmouth and King’s Lynn. They are working out whether they need to establish a town or parish council, or whether the new unitary council can pick up that type of role—what is appropriate for them.
That civic place base is really important, with all the history and regalia that goes with it, but the most important bit is how those residents identify and interact with their local councillors and their local town hall. It is not for me, as chair of the District Councils Network, to tell them; I do not believe it is for Whitehall Departments either. It is for those local places to work out. That is what makes this Bill so special. It is for everybody in local communities to derive that. That is why it is important that local communities get to decide the structures, the size and scale, and the neighbourhood arrangements.
Sam Carling (North West Cambridgeshire) (Lab)
Q
Perran Moon (Camborne and Redruth) (Lab)
Q
Matthew Hicks: I have only been in post a week, so I cannot give you an answer as to whether those discussions have taken place in the past. Certainly I know we have looked at the Cornwall business case and Cornwall has always been well represented and a strong voice at the CCN, putting its case very strongly, and I am sure that will continue in the future. However, I cannot answer that question today.
Vikki Slade
Q
Bev Craig: As we touched on earlier, sometimes a conflation of resource and organisation. It is important to draw the distinction that we are not here today to put forward the LGA’s position around the resourcing component, but it is important that we still see that outside the Bill. From an LGA perspective, we would be looking for more clarity on competencies as people move into strategic authorities, and really important is thought around what capacity and support is given to councils as they move through their transition. There are other things that we will continue to push for—for example, thinking about the role of civic and cultural competencies in strategic authorities and how they play into place. Fundamentally, in the Bill we want recognition that local authorities play a key role in delivering all of this, and without collaboration there will not be success.
Kevin Bentley: If I can leave you with one word, it is implementation. Although it does not feel like it, drawing lines on a map and putting the evidence forward is the easy part. Doing it is something very different. We learn from the experience of others and we look at others. This round of devolution is very different from what has happened before. We are creating new large authorities and devolving and disaggregating services upward to those authorities, so we must resource implementation properly. I would like to see a much firmer line on resourcing—not telling us how to do it, because I think we know locally how to do it, but making sure there is resourcing for us to do it. We have to remember that while we are doing that, with shadow elections for us in 2027, we still have to deliver the day job. That is about people and certainly in upper tier authorities, it is about some vulnerable people.
My only concern throughout all of this, and I am and always have been a great devolutionist, is that we do something or miss something and somebody falls through a crack and is left behind. None of us must allow that to happen. I know we will not and we will work very hard, but we need the proper resourcing to make that happen. This is fundamental change and is very unlikely to happen again for the next 50, 60 or even more years in the future. We have to get it right. Our successors will not thank us if we do not.
The Chair
I am afraid that brings us to the end of the time allotted for the Committee to ask questions to this panel. On behalf of the Committee, I thank our witnesses.
Examination of Witnesses
Catriona Riddell and Ion Fletcher gave evidence.
The Chair
We will now hear evidence from Nick Plumb, policy director at Power to Change, and Robbie Whittaker, a member of the Football Supporters’ Association national council. This panel, and our morning sitting, will finish no later than 11.44 am.
Vikki Slade
Q
Nick Plumb: At Power to Change, we think that the Bill’s provisions on community right to buy are a positive step forward. Power to Change has been calling for this for several years. To illustrate why the right is so needed, the key piece of data on the current regime on assets of community value and the community right to bid is that of every 1,000 assets that are listed as assets of community value, only 15 end up in community hands. The expansion of the definition of assets of community value to include economic as well as social benefit is a positive step, as is the introduction of a community right to buy as opposed to a community right to bid.
Some of the questions lie in the implementation. We think that there are potential challenges with this new right if you are asking councils to maintain a broader list of assets of community value and trying to get the new right to live up to the expectations that communities are rightly bringing forward. One thing that Power to Change has been calling for since the end of the community ownership fund is continued community ownership funding to support groups, particularly at the early stage at which groups might have a great idea for an asset but are not quite sure how to take it forward. A combination of revenue and capital funding is really important.
One of the lessons of the community ownership fund is that communities have a real ability to raise funds themselves. One of the great stories of the fund was that Government money leveraged lots of other investment, whether that was through private loans or by community share raising, where groups go out to the community to raise money from local members. Any future funding model for community ownership to sit alongside the community right to buy could be quite mixed. It could involve grant, loan and, importantly, revenue funding support and training. I know that there is mention of that in the Bill, and I am pleased to see that.
There is one final point to add, on the economic contribution of community-owned assets. Power to Change recently did some work with the 11,000 community businesses across England and found that they contribute roughly £1.5 billion in direct gross value added to the economy, which is equivalent to the solar sector, so they are important economic actors. Importantly, the economic contribution of community-owned assets sticks locally: we found that roughly 56p in every £1 circulates in the local economy, due to local supply chains, compared with roughly 40p for large private businesses. With the agenda around local growth, I see a successfully implemented community right to buy as a key driver of local growth outcomes.
Miatta Fahnbulleh
Q
Nick Plumb: I want to make a couple of points. It was a really interesting conversation this morning on neighbourhood governance from colleagues from parish councils and local government. Power to Change is a member of the We’re Right Here campaign, which has been campaigning for community power legislation such as some of the measures in this Bill. We are keen that the neighbourhood governance measures that are introduced through the Bill allow for local variation and for a whole range of different organisations that exist at a neighbourhood level to be a part of that neighbourhood governance arrangement. We think that one of the risks with the area committee model is that it is a prescriptive top-down model that says, “This is the way to do things,” rather than saying, “What exists already in a neighbourhood, and how do we build on that?”
One of the ideas that Power to Change has been working on and testing in place is a community covenant. We have been testing that so far in Market Drayton in Shropshire through a partnership of 20 local organisations—everyone from the local authority to community organisations to representatives from town and parish councils—on the idea of a family and neighbourhood hub. So far, the results from that work are really positive. There was some initial scepticism about a new way of working, but one of the council officers has fed back that the new approach is a real gift that has helped them to move much further and faster with their communities than they would have done if they were just doing things from the council down.
One of the calls from us through this legislation is to try not to be too prescriptive with neighbourhood governance but lean into a model that puts people on an equal footing and gives people an equal seat at the table. I will not spend too long on this, but my other point is that it is great that we have a piece of legislation with “community empowerment” in its title, and I think that community right to buy and neighbourhood governance, if done right, go some way. Power to Change and the We’re Right Here campaign would like to see community right to buy as one of several community rights. We have been calling for a community right to shape public services, which would entail involving the people who receive services from the state in the design, delivery and development of public services. That would build on provisions in the Localism Act, such as the right to challenge, and it would make that a much more expansive right.
We would also like to see a community right to control investment, which would involve certain bits of investment from central Government sitting at that neighbourhood level. Both of those rights really lean into some of the Government’s existing agenda. The plan for neighbourhoods is a real example of that. There are some questions still to be answered on what that looks like, but it could involve trusting neighbourhoods to take hold of money and think, “How do we improve our lot together?”
The right to shape public services is very in line with some of the test, learn and grow work that is happening in the Cabinet Office. We would see the community empowerment element of the Bill really living up to its name if it was the beginning of a set of community rights rather than the community right to buy tick and done.
(1 month, 2 weeks ago)
Commons Chamber
Danny Beales
The Bill before us is one of the most important and impactful Bills currently before Parliament. I say that not as someone who has seen a few emails in my inbox, but as someone who has felt the impact of the sector, having experienced homelessness twice in my teenage years and having been evicted through a section 21 eviction. As a renter as an adult for many years in London, I know the worry that many go through when pushing for simple repairs to be made or for mould to be addressed, fearing that ultimately their reward for asserting their legal rights will be a section 21 eviction.
The private rented sector in this country is unbalanced and insecure, and the rights of tenants are far outweighed by the powers of the landlord in our legal system. Like many in this place, I am aware of countless cases of constituents who have experienced section 21 evictions and poor treatment right across the sector—treatment that the Bill will go a significant way to remedying. That is why I hope Members will support the Government in opposing the Lords amendments, which seek to weaken, neuter and undermine key provisions of the Bill. Specifically, I want to mention Lords amendments 26, 27, 11 and 18; I am pleased that the Minister has outlined that the Government will oppose them.
Lords amendments 26 and 27 would require local authorities to meet a criminal standard of proof to impose financial penalties for discrimination and rental bidding. That seems completely inappropriate for the offences, with a relatively small maximum penalty of £7,000. That is also completely out of kilter with other provisions that local authorities would enforce to a similar civil standard. It would be incredibly hard to meet that burden of proof for many of those offences. How would a tenant prove beyond reasonable doubt that, for instance, they had been discriminated against for being on benefits? Anyone in that situation would know quite clearly that that is incredibly difficult—if not impossible—to do. Clearly, the amendment would neuter the provisions of the Bill. Local authorities have incredibly limited resources, particularly for enforcement action, and such a high bar would be likely to deter them from pursuing those offences further.
Lords amendment 11, which would allow a landlord to require a pet deposit of up to three weeks’ rent as a condition of consenting to a tenant keeping a pet in their property, is again disproportionate. First, it would hit the poorest hardest. I am pleased that the Opposition spokesperson, the right hon. Member for Braintree (Sir James Cleverly), has pets and has no problem with such a provision, but many people not on a parliamentary salary would struggle to pay three weeks’ extra deposit on top of the five weeks’ deposit already in place. The Minister mentioned an average cost of £900. In a constituency like mine in London, the cost would be even more than £900; for a rented three or four-bed family home, it would probably be several thousand pounds. That is a completely disproportionate charge for simply having a cat or dog at home.
Secondly, there is no evidence that such a pet deposit is required to protect a property. Recent research by the University of Hull found that three quarters of pet-owning tenancies result in absolutely no claim against the existing deposit levels, so I would argue that the five-week deposit is more than adequate to support pet-owning households. In fact, Battersea Dogs & Cats Home found that owning a pet increased the length of time someone stayed in a tenancy and reduced tenant turnover, benefiting the landlord financially, not harming them.
I am also significantly opposed to Lords amendment 18, which would reduce the period for which landlords could not re-let their property from 12 months to six months after they had evicted a tenant on the basis that they intended to sell their property. My concern is that this six-month reduction is not sufficient time to meaningfully disincentivise landlords from gaming the system and would reintroduce section 21 through the back door.
Take the London market, for instance, where average rents have increased by 32% over the last five years—the successful sector that Opposition Members have highlighted. Six months is not long enough to dissuade a landlord from benefiting from that sort of rental increase over short periods of time. The inconvenience that a 12-month time period would cause to a well-meaning landlord who is struggling to sell is relatively minor compared with the potential harm caused to the many tenants who would be affected by such a loophole.
In conclusion, houses are homes, not just investments. This Bill was written to rebalance the relationship between the landlord and the tenant in the tenant’s favour, fixing a decades-long power imbalance that has deprioritised the rights of tenants to a safe, stable and affordable home. All the amendments have in common a shared motive to shift the balance back towards landlords to weaken this landmark legislation. That would save some good landlords a small inconvenience, but it would be at the expense of the rights and protections afforded to each and every tenant. That is not reasonable or justifiable, and that is why I will vote against the amendments. I hope that others will do the same and give renters the rights and security they deserve.
Vikki Slade (Mid Dorset and North Poole) (LD)
Renters have waited long enough: this Bill is overdue, and it is time to deliver. The Conservatives had their chance. They promised reform, then watered it down. The Renters (Reform) Bill gathered dust while tenants were left to suffer, so Liberal Democrats absolutely welcome this Government’s Renters’ Rights Bill. But let us be clear: this Bill must hold firm in protecting the rights of tenants. My inbox is overflowing with experiences that should shame us all: families sleeping on the floor, windows that whistle in the wind, homes riddled with damp and mould, and tenants harassed by landlords to intimidate them out of their homes. This is not just about comfort and health; it is about dignity, justice and fairness.
Energy efficiency must be front and centre. Too many renters are living in homes that make them sick and are paying through the nose to heat them. Fuel poverty is a national scandal, and the Bill has a role to play in ending that. While the spotlight is on private renters, we must not forget those in social housing or in homes owned by institutions. They deserve the same rights, protections and standards.
I want to talk to Lords amendment 39 and Ministry of Defence housing. It is outrageous that the families of those who serve and who risk their lives for us are denied the legal protection that others will enjoy. These families are often uprooted, isolated and left behind while loved ones serve abroad or at sea. Yet they are told that they do not qualify for the same decent housing standards as everyone else. I have met families and service personnel around the country and even around the world through the armed forces parliamentary scheme, and one of the issues most frequently cited by those thinking of leaving the armed forces is their housing. Too many of their homes are below par.
The Government say that most MOD homes already meet the standard—fine, then what is the harm in giving these families the legal right to decent housing? If the homes are good, the law will confirm it. If they are not, that is why we need the law. Let us be honest: many tenants, whether in military housing, Church estates or country manors, are afraid to speak out. They are afraid to challenge their landlord and lose their home. Rights must be for everyone, accessible without fear or favour.
The Government claim that councils cannot access the homes for security reasons, but I am sure the Minister will know, as do those of us who have military homes in our areas, that most family homes are not behind the wire. For those that are, there are solutions. We must find a solution and ensure that these families have the same rights. No one should be denied decent housing because of who they work for. I want to address the attempts to water down the Bill.
Carla Denyer (Bristol Central) (Green)
We in this House all know that some landlords use the excuse of selling up to evict tenants only to re-let at a higher price. Does the hon. Member agree that Lords amendment 18, which would shorten that re-let period from 12 months to six months, would severely undermine one of the main aims of the Bill—to end no-fault evictions—by making it disappointingly easy for landlords to evict on just that basis?
Vikki Slade
I thank the hon. Member for raising that point and saving me the trouble of doing so. Absolutely, landlords give excuses that are perhaps not all they seem to be.
I have heard from tenants who are terrified of being evicted under section 21, with landlords rushing to act before the law changes and evicting with absolutely no excuses. I have heard from renters who feel like they are in a David and Goliath battle.
Lords amendment 11 is an attempt to treat pets more harshly. The proposers of the amendment have it wrong. As the hon. Member for Uxbridge and South Ruislip (Danny Beales) said, tenants with pets are good news for landlords: research shows that their landlords are better off by £3,800 over 12 years thanks to lower vacancy rates and marketing costs for their properties. I would be a landlord who happily took pets.
Amendment 26 requires a criminal standard of proof for a civil matter. In my mind, that is not justice but obstruction. Last week, I met the housing ombudsman service. It told me that one in five calls that it deals with are from people it cannot help: private renters, people in new builds and people in conversions. The system is broken and the scales are tipped too far from our tenants. The Bill must fix that. We need one ombudsman, one law, one standard, one rule: wherever someone lives, if their home is owned by someone else and it is not up to scratch, they should be able to challenge it, get it fixed and live in a decent home. Housing is not just bricks and mortar; it is the foundation of everything else—health, education, family and work. Every renter deserves a home that is safe, warm, and fair.
Johanna Baxter (Paisley and Renfrewshire South) (Lab)
I declare an interest as the chair of the all-party parliamentary group on cats.
As an animal owner myself—I have two cats—I rise to give voice to the many concerns expressed to me by pet owners across the country. Their concerns relate specifically to Lords amendment 11, which would allow landlords to request a pet deposit equivalent to three weeks’ rent. The amendment was narrowly agreed to on Report in the House of Lords in July, in response to the Government’s decision to remove the right for landlords to require tenants to take out pet damage insurance. Cats Protection has argued that the Government’s decision to remove the provision allowing landlords to request pet-related damage insurance was the right one, as the insurance sector was not ready to meet demand competitively.
The Minister in the Lords outlined many arguments against the pet deposit amendment, including that an extra three weeks’ deposit is unaffordable for many tenants. She also referred to a report commissioned by Battersea Cats & Dogs Home and the University of Huddersfield, which found that 76% of landlords reported that they did not encounter any damage caused by dogs or cats in their rental properties. She noted that the Government were
“content that landlords would be suitably protected against the cost of pet damage through existing tenancy deposits”,
and I wholly agree.
Cats Protection is also strongly of the view that charging an additional pet deposit is neither necessary nor proportionate. Measures already exist for landlords to seek additional compensation from the tenant in the very rare circumstances in which damage caused by a pet may exceed the value of the existing security deposit. The amendment could see tenants forced to find up to £1,500 extra for a one-bedroom flat in high-rent areas. That would mean that those without additional ready funds are priced out of having a pet.
Another problem with the addition of a pet deposit is the potential lack of transparency in landlord decisions on what constitutes pet damage and what constitutes the type of damage that would otherwise be funded by the standard security deposit. Some landlords may just see the extra fund as an option to withhold more money for standard wear and tear. Damage can be avoided with the use of throws and rugs, for example. I know that Cats Protection and Dogs Trust adopters are always given information on how to provide enrichment activities to keep pets happy. Perhaps the right hon. Member for Braintree (Sir James Cleverly) would like to take advantage of those to ensure that his terriers do not tear up his carpet.
I am concerned that the amendment will reintroduce the very inequity that the pet provision was designed to remove, putting the price of pet ownership out of reach for many tenants and entrenching geographical inequality. We all know how beneficial pet ownership is not just for the welfare of the animals, but for our wellbeing. “Cats and their stats”, a 2024 Cats Protection report, found that over half a million households who would like a cat do not have one simply because their rental agreement forbids it. I strongly believe that the additional pet deposit should be withdrawn from the Bill; the standard security deposit is more than adequate to cover any damage caused by a pet. I will oppose Lords amendment 11, and I encourage colleagues from across the House to do likewise.
(1 month, 3 weeks ago)
Commons Chamber
Vikki Slade (Mid Dorset and North Poole) (LD)
May I start by welcoming the shadow Secretary of State, the right hon. Member for Braintree (Sir James Cleverly), to his place on the Front Bench. I refer the House to my entry in the Register of Members’ Financial Interests, as I am a councillor at Bournemouth, Christchurch and Poole council and a vice-president of the Local Government Association.
Transferring powers closer to communities through devolution is critical to getting service delivery right and developing trust. The public consistently say that they have more faith in local government than in national Government, and the Bill was meant to deliver on that promise. As the Secretary of State noted, the Prime Minister said in his first weeks in office that he wanted to give power to those with skin in the game and pledged to help citizens to take back control. The Liberal Democrats absolutely agree with that desire.
However, what we see here is a Bill that centralises decision making, limits community influence and, because it leaves areas unsure of their future, risks deepening inequalities between regions. The White Paper promised mayors for all regions and community-led reorganisation, but the Bill provides powers to merge councils from Westminster and fails to strengthen the councils closest to people—our towns and parishes. It even allows councils that have directly rejected a combined authority to be forced into one with their neighbours.
Gideon Amos (Taunton and Wellington) (LD)
Does my hon. Friend agree that the Conservatives have some nerve talking about top-down reorganisation when, against people’s wishes—as expressed in a poll—they imposed an unwanted and unpopular unitary council on the whole of Somerset? Does she also agree that the Bill should introduce fair votes, in this place and in councils across the country, to restore faith in democracy and politics?
Vikki Slade
A similar thing happened in Dorset. In fact, the hon. Member for Christchurch (Sir Christopher Chope) voted against a merger in our area but failed, even under his own Government. I will come to the issue of proportional representation.
Strategic mayors have the potential to be our regional champions. The Liberal Democrats recognise the benefits that they have brought to many cities, including London and Manchester. However, the Bill fails to standardise their role or to put all regions on an equal footing. Some areas have been selected for early adoption and funding, while others—Kent, Medway and my own area of Wessex—are left behind with no timeline or support.
It is unclear for some areas, including Shropshire, where they will end up being made to form a combined authority. Shropshire shares borders with Wales and Cheshire, which is in a different region, so there is no clear partner for it. I am concerned that Shropshire will end up being forced into a combined authority with an area that does not look like Shropshire or give any benefit to its residents. Does my hon. Friend agree that this needs to be better thought through?
Vikki Slade
I share my hon. Friend’s concern that some areas risk being left behind by this muddled approach. I ask the Secretary of State for assurances on how she will ensure that such areas do not fall further behind neighbours that are further along in the programme.
We Liberal Democrats are pleased that the Government are reversing the Conservatives’ disastrous decision to use first past the post for mayoral and police commissioner elections—it is ridiculous that one of the mayors elected this May won on just 25% of the vote—but the Government must go further in making votes fair. We believe that the Government should bring in the alternative vote system so that voters’ voices are properly heard. We maintain that if the Government believe in majority support for elected officials, they should extend that mandate to MPs and councillors, too.
Jess Brown-Fuller (Chichester) (LD)
The Sussex mayoral elections that are due to take place in May next year will use the current first-past-the-post system rather than the proposed system that the Government say they favour. Does my hon. Friend agree that it is totally unfair on Sussex residents that everybody who is a year behind in the programme will get to vote using a better system?
Vikki Slade
I will come to that later in my speech, when I will share the concerns of electoral officials about whether the legislation can deliver in time for any of the changes scheduled for next year. Although I recognise that there is an anomaly for next year, even electoral officials are worried about the Bill’s timeline and the ability to make any changes for 2026 and for those who have already had elections delayed.
Across the sector, there are serious concerns about the power of the commissioners that will be appointed by mayors—people with significant influence but little scrutiny. There is concern that they will hold more sway than elected leaders of local authorities but without any democratic accountability. In the very centre, the Secretary of State will retain sweeping powers to merge authorities and extend functions without parliamentary oversight or local consent. I am seeking an explanation of how and when those powers would be used, so that we can assure our local leaders that they will not be overridden.
There is widespread concern about the loss of highly skilled, experienced councillors through the removal of district councils. I noted the Secretary of State’s concerns about putting power into the hands of too few people. How will she ensure that there is not a democratic and skills deficit and that people are properly represented across these larger regions?
For the last decade, the Conservative Government have cut funding to councils but forced them to do more. Their economic mismanagement and failure to fix social care has left many councils on the brink of collapse. This Bill was an opportunity for real local government reform, but it is an opportunity missed.
Rachel Gilmour (Tiverton and Minehead) (LD)
A particular concern of my constituents in Tiverton and Minehead, where we have one local authority in Devon and one in Somerset, is the real difficulties around special educational needs and disabilities. Does my hon. Friend agree that the Bill could create difficulties for local authorities that are struggling to deliver good SEND education for so many of our children?
Vikki Slade
I thank my hon. Friend for her intervention. Special educational needs are a huge passion of mine—I am sure Members have heard me talk about them many times—and this issue will take so many councils to a very dark place. I trust that the Minister hears that on a regular basis and that we will see in the fair funding review something really serious about special educational needs provision.
Local authorities have unique access to every household and business, which gives them a huge opportunity to improve people’s health and wellbeing. The Bill requires strategic authorities to improve the health of their communities, but I am concerned that it does not provide substantial funding to do that, and without that funding, I cannot see how it can be achieved. While the Bill makes substantial improvements to the workings of audit, it misses the opportunity to shine a light on all the places that taxpayers’ money is spent through the introduction of local public accounts committees. I was reassured to hear the Secretary of State refer to that being in her thinking, but rolling them out alongside strategic authorities would really aid transparency, improve value for money and enable organisations to share resources for the good of the community. I urge the Government to reflect on that as we go towards the Report stage.
The Bill also proposes that strategic authorities take on the functions of police and crime commissioners and fire authorities. However, because of the disparity in boundaries, there is a real risk that community priorities will not be maintained, and the control of such things by appointed rather than elected commissioners further reduces democratic accountability. How will the Government ensure fair funding and effective policing and fire services where strategic authorities cover vastly different communities?
Councils have expressed similar concerns about a mismatch between places within those authorities—for example, the different needs of urban and rural areas, or the inclusion of a single authority among a cluster of places with very different levels of deprivation or demographics. Some communities feel that where decisions are made by simple majority vote, their voice will not be heard. Weighted voting and the meaningful inclusion of town and parish councils can ensure that local insight is retained, particularly around issues such as planning and transport.
Representation must not end there. This Bill was an opportunity to ensure that local services draw on and are informed by the full range of lived experiences in an area.
Freddie van Mierlo
Does my hon. Friend share my concern that the Bill could make it more difficult for residents to access services, because where authorities that currently deliver services on a county-wide basis are split into multiple authorities, it will create borders within counties?
Vikki Slade
My hon. Friend makes a very good point.
There is the opportunity to use more effectively our town and parish council system to drive community empowerment. Instead, the creation of neighbourhood committees feels like a top-down solution. Without statutory powers or budgets, they risk becoming symbolic rather than effective. While it is welcome that existing town and parish councils can participate, the Bill does not provide a framework for communities wanting to establish new councils or the funding to do so.
District councils have long underpinned the civic identity of towns and driven the activities that reflect their origins. With their loss in ancient towns and cities such as Colchester and Winchester, and without the funding to support smaller community-led councils, there is a real risk that our distinct history, culture and civic pride in our communities could be eroded. We cannot allow that to happen.
The Liberal Democrats welcome the replacement of the community right to bid with a right to buy with first refusal. I have seen some fantastic examples of the right to bid working, such as the Anchor Inn in Shapwick in my constituency, but these successes are few and far between.
Communities such as Teddington in my constituency will very much welcome the new community right to buy. At Udney Park, playing fields have lain derelict for more than a decade. However, although the Bill makes provision for what happens when there is a disagreement over price, it is silent on what happens when a community bid is refused by a buyer even at market valuation. Does my hon. Friend agree that the Government must look to go further on that point?
Vikki Slade
I agree that there is opportunity to do much more as the Bill moves into Committee. Communities’ long struggles to save such assets is not because of a lack of passion or volunteers, but because the system feels stacked against them. “The Museum of Broken Dreams”, a display on the parliamentary estate, shows some good examples of where community groups have lost out to commercial developers who have demolished buildings and walked away, or where the groups cannot get support.
We are pleased to see sporting assets included in the right to buy and we welcome their indefinite inclusion on the register, but we want environmental assets to be included as well, so that we can protect our land for restoration and nature management. We also want restoration of the funding for neighbourhood plans, so that smaller authorities, which will now struggle to make such plans for their tiny communities, can do so without onerous costs to their residents.
Dr Roz Savage (South Cotswolds) (LD)
To pick up on my hon. Friend’s point about environmental concern, at the moment local authorities have a weak duty on biodiversity—to consider from time to time what they might do to conserve or enhance biodiversity—so does she agree that the Bill offers a real opportunity to strengthen such environmental protections, to get this country back on track?
Vikki Slade
I believe that the community right to buy has huge opportunities for councils. In Committee, I hope that we will be able to improve and enhance the Bill for everyone.
As a former retail business owner, I welcome the removal of upward-only rent reviews. Businesses should not be locked into rising costs when market conditions shift. This is a long-overdue reform that will help small businesses to adapt and survive. The Bill makes interesting and welcome changes on things such as pension schemes and transport devolution, but misses the opportunity to improve council standards and attendance, and it fails to establish in statute the promised council of regions and nations or the local authority leaders council, both of which would be important in giving local government a stronger voice in Whitehall.
In conclusion, the Liberal Democrats support the principle of devolution. We recognise the crisis in local government funding and we welcome the fair funding review promised later this autumn. The Bill, however, does not deliver the ambitious shift in power that our communities need. It risks disenfranchising places left at the back of the queue with no funding or timeline to work toward. We cannot support a Bill that centralises control, weakens local accountability and misses the chance truly to empower communities, as we laid out in our reasoned amendment. We urge the Government to think again, and to revise and recommit to genuine devolution and community empowerment so that we can support the Bill.