English Devolution and Community Empowerment Bill

I can inform the House that Lords amendment 39 engages Commons financial privilege. If the Lords amendment is agreed to, I will ensure that the customary entry waiving Commons financial privilege is entered into the Journal.

Clause 2

Areas of competence

I beg to move, That this House disagrees with Lords amendment 2.

With this it will be convenient to discuss:

Lords amendments 4, 13 and 26, and Government motions to disagree.

Lords amendments 36 and 37, Government motion to disagree, and Government amendment (a) in lieu of Lords amendment 37.

Lords amendments 41, 85 to 87, 89 to 91, 94, 97 to 116, 120, 121 and 123, and Government motions to disagree.

Lords amendment 155, Government motion to disagree, and Government amendments (a) to (f) to the words so restored to the Bill.

Lords amendments 1, 3, 5 to 12, 14 to 25, 27 to 35 and 38 to 40.

Lords amendment 42, motion to disagree, and amendment (a) to Lords amendment 42.

Lords amendments 43 to 55.

Lords amendment 56, and amendment (a) to Lords amendment 56.

Lords amendments 57 to 84, 88, 92, 93, 95, 96, 117 to 119, 122, 124 to 154 and 156 to 170.

This Government were elected with a clear mandate to deliver change, but to deliver change that people can see and feel, we must empower our communities. We are therefore determined to build a different type of state where local leaders and communities with skin in the game are given power and control to shape the things that matter in their place and in their lives. Our English Devolution and Community Empowerment Bill is a critical, bold step in delivering that. It will drive the biggest transfer of power out of Whitehall to our regions and our communities in a generation. It sets a floor for devolution, and we intend to build on the foundation set out in the Bill to give communities the power and control they are demanding to drive the change they want to see in their place.

The Minister will be aware that the election campaigns for the Surrey West and Surrey East unitaries are ongoing as a consequence of this legislation, but we still have not had an announcement on whether we will get a mayor for Surrey. That will be critical for protecting our green belt if the Conservatives do not retain power after the elections. Can she update the House on the importance of protecting our green belt and getting a mayor for Surrey who can do so?

The question of unitarisation is being dealt with. Applications have been made and the Government are going through the process and looking at the objective criteria. No doubt the hon. Member has had many conversations with the Minister for Housing and Planning on these matters. I will, however, try to focus the hon. Member’s mind and attention on the key premise of this Bill, which is community empowerment and devolution, and on the Lords amendments we are discussing.

Before speaking to the Lords amendments, I thank my noble Friend Baroness Taylor for so ably guiding the Bill through the other place. I put on record my appreciation to all peers who contributed to its scrutiny. I will begin with the Government amendments that were made in the other place. Following the insightful contribution of peers, Lords amendment 1 adds culture as a distinct area of competence within clause 2 of the Bill. By doing so, the Government are sending a clear signal on the role that strategic authorities can and should continue to play in supporting cultural initiatives, as well as recognising the important role that culture in its many forms plays in enriching quality of life and supporting local economic growth.

We are also improving the operational flexibility of the commissioner model introduced by the Bill. Lords amendments 3 and 5 increase the potential number of commissioners to 10, and Lords amendments 125, 127, 129, 131, 133 and 135 allow more than one commissioner to operate in a single area of competence.

The next group of important changes that the Government made in the other place concerns local accountability and scrutiny. The Government committed to exploring a local Public Accounts Committee model in the English devolution White Paper. We recognised that greater powers of local scrutiny are needed to reflect the increased scale of responsibility that will be devolved to mayoral strategic authorities through the Bill. To that end, Lords amendments 7, 137 and 138 introduce local scrutiny committees, which replace overview and scrutiny committees in mayoral combined and combined county authorities. Local scrutiny committees will provide an enhanced scrutiny regime with stronger oversight, a broader remit to reflect the scale of mayoral responsibilities and greater teeth to hold mayors to account.

I thank the Minister for being so responsive to the concerns about strategic licensing that I and colleagues in London have shared with her. May I confirm that it is not the Government’s intention for an application to be treated as being of potential strategic importance solely by reason of its location within a London plan designation or a London mayoral policy area, and that instead, in deciding whether a licensing application is of potential strategic importance, the Government intend for regard to be given to the residential character of the immediately affected area and to the evidence of the local licensing authority?

I thank my hon. Friend for asking an important question, and for his ongoing engagement in this area. Let me take his question in the context of what we are trying to do through the Bill. The Government are really clear, and Baroness Taylor made it very clear in the other place, that we recognise that licensing authorities are often best placed to make licensing decisions, based on their local knowledge. In that context, the evidence provided by licensing authorities will have a significant role in both the design of the policy and the determination of potential strategic importance.

One area that has been talked about is the ability of scrutiny bodies to take decisions, and the challenge in London is that there has to be a two-thirds majority to make a decision. The suggestion was made that this could be changed and be brought in line with other authorities, so that we have simple majority voting. Does the Minister agree that we have missed an opportunity to do that?

I will come back to that point, because it relates to an amendment that I would like to speak to, but I want to fully address the point that has been made about call-in powers with regard to licensing.

My hon. Friends the Members for Chelsea and Fulham (Ben Coleman), for Cities of London and Westminster (Rachel Blake), for Hackney South and Shoreditch (Dame Meg Hillier), for Vauxhall and Camberwell Green (Florence Eshalomi), and for Dulwich and West Norwood (Helen Hayes) have provided clear, insightful feedback and constructive engagement, and they have done a fantastic job of representing the concerns of their constituents. Let me reassure them on all the key points that they have raised. It is important to put on the record that the amendment will be embedded in the Licensing Act 2003. The licensing objectives that seek to protect and safeguard local communities will apply, and the mayor will be required to have regard to them when exercising the powers conferred through the amendment.

The Government are incredibly clear that there must be the right balance between encouraging the growth of hospitality and the night-time economy, which we want to do, and protecting the needs of local communities and their places. The safeguarding and reassurance that are required are locked into the way that we have designed this policy. As I have said, local licensing authorities will continue to be the default decision makers, so the mayor must have regard to the evidence that they provide to determine the decisions that they make. Finally and crucially, where cumulative impact zones have been designated by boroughs, this will remain the case, and the mayor must have regard to the cumulative impact assessment.

We hope that we have designed this policy in a way that provides a balance between growth, residential amenities and safeguarding the protection of local communities. As we design the detail of potential strategic importance, we are committed to working with Members from across the House, as well as our licensing authorities, to ensure that we get this right.

Given that the new powers are being handed to local transport authorities, will there be funding to enforce the new measures and the obligations that councils are getting?

We have a policy that wherever there are new powers—whether they are conferred to local authorities or combined authorities—the new burdens principle is in place. In designing this policy, we will work really closely with local authorities to ensure that we are doing enforcement in a way that bites for our communities in the way that they want to see.

Any progress on banning pavement parking is progress, so I absolutely welcome that. Will guidance be given to local authorities on how that could work? We have a ban in Edinburgh, which has been transformative, so hopefully we can look there for examples of how it could work. The Minister mentioned exemptions. Will the Government mandate any exemptions centrally, or is it entirely up to local authorities to make that decision?

We will be learning insights from Edinburgh and the other places that have applied the provision, and we will be providing further details and guidance on how it could work. In doing that, we will try to strike a balance between setting out an overall framework that enables places to put this in place and allowing places to use their discretion and local knowledge to make sure it works in their interests.

On private taxis and private hire vehicles, while we agree with Baroness Casey’s view, expressed in her report published last year, that in the vast majority of these trades the drivers, vehicle proprietors or private hire vehicle operators are hard-working and law-abiding people who take pride in their work, it is right that enforcement powers are available to prevent those few who seek to abuse their position of trust and pose a risk to the public.

Lords amendments 43 to 79 provide that any licensing authority may temporarily suspend with immediate effect any licence, whether issued by that authority or by any other in England being exercised in its area, where necessary to address a risk to public safety. The new clauses place certain duties and obligations on the licensing authority about how these new powers will work—for example, the length of the suspension and what action the authority that issued the licence may take—but other details, such as the content of suspension notices, are to be set out in secondary legislation.