English Devolution and Community Empowerment Bill

Debate between Wendy Morton and Zöe Franklin

Consideration of Lords amendments
Tuesday 21st April 2026 Commons Chamber

[Zöe Franklin (Guildford) (LD)]

I would like to start by thanking colleagues across the House in the other place who have worked tirelessly to improve this Bill, in particular the Liberal Democrat peers Baroness Pidgeon, Lord Foster of Bath, Baroness Bakewell and Lord Shipley. As we on these Liberal Democrat Benches have said throughout the passage of the Bill, it has potential but it does not amount to true devolution, and I sincerely hope that after the next King’s Speech we will see more real devolution and more on neighbourhood governance.

What this Bill offers is power handed down with strings attached—shaped and constrained by central Government rather than genuinely entrusted to local communities. The Government’s response to the Lords amendments before us only reinforces that fact. The Government say that the Bill rebalances power away from Whitehall, but their response to the amendments tells a different story, resisting even the most modest steps that would give local areas more clarity, flexibility and control. I believe that those are the real hallmarks of devolution.

Let me start with where I feel power is being withheld. Our Lords amendment 2 would ensure that rural affairs were properly recognised within the competencies of strategic authorities. The Government say that that is unnecessary and that non-statutory guidance will suffice. I appreciate that the Minister has moved forward on this issue, but I take the view that without a clear legal requirement, rural areas risk being overlooked, as they too often are at the moment. There must be a duty, either in the Bill or through statutory guidance, to ensure that rural communities are properly considered. Non-statutory guidance can, sadly, be ignored because it creates no obligation. This really matters. Rural areas are already under pressure, facing higher delivery costs and feeling the strain of the recent funding review. Without a clear duty, they risk once again becoming an afterthought.

We see the same pattern when we look at how power is exercised. Lords amendment 4 would ensure transparency in the appointment of mayoral commissioners. The Government again say that the guidance is enough, but these are unelected positions with real influence. Transparency should never be optional in any layer of government. The guidance speaks of visibility and accountability, yet says nothing about merit-based selection. Concerns about patronage are quietly acknowledged but not addressed structurally. If the Government believe that appointments should be fair and open—that is what I firmly believe, and we can clearly see that that is what the public expect—they should have no hesitation in putting that principle into law.

Lords amendment 13 moved by my colleague in the Lords, Baroness Pidgeon, would strengthen democratic oversight of the Mayor of London’s budget. Put simply, a two-thirds threshold is not a safeguard; it is a barrier to effective scrutiny. A simple majority is not radical; it is democratic. Londoners deserve an Assembly that can genuinely hold the mayor to account.

We also see the Government’s lack of true devolution in how planning decisions are shaped on the ground. Lords amendment 26 would embed a genuine brownfield-first approach. The Government say that the policy already achieves that, but the reality is different. Developers are often incentivised to build on greenfield or grey belt land because it is quicker and cheaper. The reality in my own constituency is that the majority of large planning applications are coming forward on green belt and grey belt. That is undermining public trust in development altogether. People recognise that we need more homes and they want more homes, but the way they see it happening undermines their trust in the process. Brownfield sites may be more complex, but they come with infrastructure, connectivity and the opportunity for real regeneration. Once again, if the Government are serious about that priority, it should be reflected in law, not left to policy alone.

[Wendy Morton]

The hon. Lady makes an important point, with which she knows I have a lot of sympathy. In my area, it is estimated that 5,000 homes could be unlocked if we had a proper brownfield-first approach to planning. Does she agree that the whole issue around housing is about not a lack of land but a lack of funding to regenerate some of the sites, a lack of political will from this Government and a lack of ambition? The Government should look at the brownfield sites and the empty buildings, and then look again at the housing targets that have been arbitrarily put on areas which will do nothing to protect us from urban sprawl.

[Zöe Franklin]

When it comes to brownfield-first development in my constituency, there is an area in the town centre where we could deliver homes, but that is prevented by the fact that we do not have the money to progress at pace with the necessary flood alleviation scheme. We will be voting to support Lords amendment 26 —we need to keep the provision in the Bill.

Local government structures are perhaps the clearest example of how democracy itself is not being devolved by the Government. Our Lords amendment 36 would allow local authorities to determine their own governance structures. Instead, the Government insist on imposing a single model from the centre.