My Lords, I first extend my thanks to the many noble Lords with whom I have already spoken about this Bill. I am grateful for their engagement with this very important legislation. I know that a number of noble Lords have been closely engaged in delivering front-line services over the years, so I would like to take this opportunity to thank all those in this House who have taken part in that. We know that our residents greatly value the services that impact their daily lives. This whole Bill will bring that decision-making closer to the areas and communities that it impacts.
This Government were elected on a manifesto to deliver change. We are determined to transform our economy and our country through a decade of reform that delivers better public services and growth in every community and every corner of our country. Many hard-working communities that are the backbone of our economy have been neglected for far too long. They have seen good jobs disappearing, their high streets in decline and the dream of a decent home pushed even further out of reach.
Rebuilding these foundations is central to this Government’s mission, but we will not achieve our goals unless we fundamentally change the way our country is run. That means handing power back to local people, who know their areas best, so they can make decisions on what really matters to their communities. This is what the English Devolution and Community Empowerment Bill will do—drive the biggest transfer of power out of Whitehall to our regions and communities in a generation. The Bill will make devolution the default setting. It will give mayors new powers over transport, planning, housing and regeneration; rebuild local government so that it can, once again, deliver good local services that people can rely on; and empower local communities to have a bigger say in shaping their local area.
Strategic authorities are at the heart of this change. The Bill is creating strategic authorities as a new category of authority in law. They will make it easier for local leaders to work together over larger areas to drive through big, pro-growth projects such as integrated transport networks and housing. Crucially, the Bill will give new strategic authorities powers to pilot and request new functions, with government having a duty to respond to requests by established mayoral strategic authorities. Strategic authorities will operate at three levels: foundation, mayoral and established mayoral, and the Bill will define the powers and responsibilities of each of those levels.
Working alongside parliamentarians and local councillors, mayors will drive forward the delivery of people’s priorities, igniting growth and unlocking opportunities for their local area. That is why the Bill will give them wide-ranging new powers in areas such as transport, planning and economic development, which have a real impact on people’s lives. For example, mayors will be able to intervene in strategic planning applications to unlock housing, and there will be powers for all strategic authorities to license shared cycle schemes so that they work for everyone and we do not see bikes strewn across all our pavements.
My Lords, I declare my interest as vice-president of the Local Government Association, and the National Association of Local Councils.
I hope the House will forgive me if I begin by noting a certain irony in the title of the Bill. It contains the words “community empowerment”, yet the measures before us would appear to do precisely the opposite, empowering the centre rather than the community. As we reflect on that, we cannot ignore the democratic chill cast by the Government’s decision to cancel the forthcoming local mayoral elections. When democratic participation is suspended for administrative convenience, it becomes difficult to sustain the claim that community consent lies at the heart of these reforms. Instead, what emerges is a model of compulsion over consent. These proposals risk leaving communities without a meaningful voice, enabling the Secretary of State to redraw local government boundaries, restructure authorities and compel mergers, against local wishes.
The introduction of sweeping powers under new Section 109B, and others, marks a striking departure from the voluntary, negotiated, deal-by-deal approach that has defined English devolution to date. That approach was rooted in respect for local identity, geography and choice. The Bill before us seems to move away from that principle with unsettling ease. Our discussions with colleagues and stakeholders underline something fundamental: that local consent is not an optional extra. It is the democratic foundation of any credible programme of localism, yet this Bill weakens that foundation at the very moment when it should be reinforced.
The Government claim that reforms empower localities, but too often we see the power devolved in name only, while genuine authority remains firmly centralised. Without clarity on what powers are truly being passed down, how responsibilities differ from those already held and how local leaders will be held to account, there is a real risk of creating an accountability gap at the very centre of the system.
My Lords, I have much sympathy with what the noble Baroness, Lady Scott of Bybrook, has said, but I am puzzled, because the Bill is very much in line with the direction in which the last Conservative Government were taking us, and I had thought that she was then a Minister. I have not forgiven the last Conservative Government for the artificial institutions they imposed on Yorkshire in the face of resistance from all the councils in Yorkshire. I have not forgiven the Conservatives either for starving local government of funds, without which it is impossible for local democracy to work.
The White Paper and the Explanatory Notes for the Bill set out the problem it was trying to address, saying that:
“England is one of the most centralised countries in the world”,
that there is a serious and “long-term decline” in public trust in politics, and that three-quarters of our citizens feel powerless to influence decisions affecting their local area. It states that Westminster politics faces a
“wider feeling of disempowerment and distrust at a local level”.
The Liberal Democrats fear that this alienation from democratic engagement feeds into a broader disillusionment with democratic politics and democratic parties as a whole.
The changes the Bill proposes will not meet these challenges. Strategic authorities are not local government, nor are many unitary authorities of 500,000 people or more. Local communities—the word “communities” is thrown around a great deal in the Bill—are found in our towns, villages and urban neighbourhoods. The White Paper promises that the Bill will
“empower communities to take back control from Westminster”.
Instead, it takes power and representation further away from local communities, giving it to mayors, who are responsible for several million people. It promises that the new authorities will cover
My Lords, my contribution today addresses one ingredient in the Bill that is easily overlooked but which could prove of immense significance in achieving the quantity and quality of new homes the nation needs. I am referring to the measures in Part 2 that will facilitate strategic authorities—mayors and combined authorities—establishing mayoral development corporations and development corporations of combined authorities, including combined county authorities. These development corporations can take on planning powers, land acquisition and development powers. They will be single-minded and focused on achieving new housing and all the related infrastructure. This will create an alternative to the nation’s current total reliance on a small number of volume housebuilders who plan, design and provide most of this country’s new housing development but who so often fail us in what they produce.
Development corporations can trace their origins to the establishment of overarching planning and development bodies for the pre-war garden cities, and then for the 32 post-war new towns. The most recent example is the London Legacy Development Corporation, or LLDC, which has been doing such good work in the redevelopment of the Olympic site and its environs. Development corporations are already the chosen vehicle for delivery of the new generation of new towns, as set out in the excellent report from the New Towns Taskforce published in September. New town development corporations will follow the pattern of land acquisition and land value capture, creating a master plan, with private financing, and long-term, overarching control in the hands of a publicly accountable body. Now this Bill enables all strategic authorities to establish their own development corporations and assume the same roles as the new town development corporations.
For some years, I have championed the report by Sir Oliver Letwin which dates back to 2018. The Letwin review pointed out that the oligopoly of volume housebuilders will build only at the speed they can sell, without having to reduce their prices. This has ensured that there is always a gap between supply and demand, leading inexorably to growing housing shortages. Letwin recommended ending our dependency on developers that, entirely predictably, work at their own pace and negotiate down the standards and quotas of affordable housing to maximise their profits. In their place, Letwin advocated the establishment of development corporations that would acquire the land and capture the increase in its value when planning consent was subsequently granted. The development corporations’ master plans can then parcel out the site to different profit-making and non-profit-making bodies, covering the full range of types, tenures and uses: housing for sale but also for shared ownership, market rents and social rents; housing for older people and for students, with specialist and pioneering ingredients; plus the place-making green spaces, mixed uses and amenities needed for all new homes.
My Lords, first I declare an interest as a recipient of a local government pension. I also congratulate my noble friend; having been a Local Government Minister for four years, I know how difficult any local government legislation is, as is anything that talks about devolution of any sort.
I thought it interesting that the Liberal Benches concentrated on the very local—that is important—but there is also a need for bigger and wider authorities to do the really strategic stuff. I am reminded of the reason that we were able to attract inward investment in the north-east, at one time. It was precisely because of the amassing of land by the Tyne and Wear metropolitan authority, which was then demolished and disbanded by the then Prime Minister Mrs Thatcher, when we lost that strategic organisation in the region. I want to dwell on those more strategic things.
First, and very quickly, I really support the attention given to the transfer of community assets. As many Members know, I am chairing an independent commission on neighbourhoods. I have used most Fridays in the past year to have another look at difficult neighbourhoods. Those which have been working on neighbourhood development have really made a difference when they have been able to use community assets and had more control to use them as income generators too, so that they do not have to wait all the time for the public sector to have enough money to fund their youth work and activities with the elderly, the lonely and so on. I really support the Government for pushing this on both sporting facilities and community assets.
But I mainly want to talk about something that is also in the Bill that, again, I have spoken on in this House before: the need for better accountability and audit of the regional bodies and combined authorities. I know there are Members opposite who celebrate the end of the Audit Commission, but the reality is that that has left significant groups and areas in our society without any effective audit and accountability. In the north-east, we have particularly suffered from this. I know that when the first combined authorities elected their mayors, the then chair of the Public Accounts Committee brought in the—
I note carefully what the noble Baroness is saying. I presume that on that basis she deprecates the decision by the current Government to abolish the Office for Local Government, which was established by the previous Government.
I think the noble Lord needs to hear my arguments first and then, when he comes to speak and in Committee, he can challenge them. The reality is that in the north-east we have really suffered. The then chair of the PAC called the newly elected mayors to advise them of the challenges they faced because the normal auditing process was not available to them, and that they would therefore have to make sure that they brought in people who understood the challenge of auditing books for public and private co-operation events and projects.
Some of them took notice. Unfortunately, the Tees Valley mayor did not. Had there been robust arrangements then, we would not have had the difficult circumstances that people in the Tees Valley have faced since. We now have the totally unjustified position of an arrangement having been made behind closed doors, with nobody aware of it, between two individuals and their families—they now live in Dubai, so even the money going to them is not being spent in the region any more—where the 50% public and 50% private benefit from any investment made was changed to 90% private and 10% public. This means that any investment and any return on that investment does not now go to local people; it goes to two developers who now live in Dubai and do not even spend that money locally any more.
We also have the position where land in the Tees Valley is earmarked for the major investment of a data centre. The Government are faced with a data centre they need and the public not being able to get the advantage of that investment. The mayor should rethink and renegotiate. I hope that by introducing the measures in the Bill, the Government will be able to make sure the public in the north-east actually get some benefit from the Government’s investment in that area.
My Lords, we on this side oppose many aspects of the Bill, but that is not because we oppose the principles of devolution and greater local accountability; we strongly support both principles. In 2010, the only area of England with a devolution settlement was Greater London. Since then, Conservative Governments have introduced a number of devolution deals with local authorities, which now cover 64% of England. On this side, we have always believed that local people should be able to hold to account those who deliver local services.
This Bill seeks to standardise and restructure English devolution by creating strategic authorities with mayors across the country. But rather than putting more power into the hands of local people, as my noble friend Lady Scott has said, it gives the Secretary of State significant new powers at the centre—for example, creating new strategic authorities, adding councils to them or providing a mayor—without the consent of local councils. The Government will have the power to force two-tier council areas to become unitary authorities. Five new powers will allow legislation to be amended by statutory instrument without the agreement of local councils.
There will have to be close parliamentary scrutiny of the Bill in this House and in the other place. We need to examine the principles and procedures contained in it because of the great importance, to the whole population, of the services for which the new strategic authorities and mayors will be responsible. As has been briefly mentioned, those services include: transport and infrastructure; skills and employment support; housing, economic development and regeneration; environment and climate change; health and well-being—where social care is I do not know and I hope light may be cast on that—public safety; and the functions of police and crime commissioners. All these are extremely important policy areas that are close to local people.
My Lords, as I rise to speak, I am reminded of 15 years ago, when four leaders from Greater Manchester stood outside the Cabinet Office in Whitehall awaiting an invitation in. I was one of those leaders. Greater Manchester had 10 local authorities in 2010: five Labour, three Liberal Democrat and two Conservative. We had already signed up to the first combined authority in the country—a legally binding agreement to serve the people of Greater Manchester—and that was running quite well. We therefore asked the Government for full devolution and full powers, and, more importantly, the funding to go with it.
We presented to the full Cabinet of the Government, including Nick Clegg and the Chancellor of the Exchequer. Four of us sat there, facing them, with two jugs of water and four glasses. We did not expect that. We thought it would be a small number of people. My role was to explain the earn-back model, which was simply that the combined authority would provide, at no cost to government—they quite liked that—the infrastructure for major development schemes: motorway links, transport hubs and many other measures that would then enable development to take place. When successful, the Government would collect the subsequent gross value added tax from the businesses and we would earn a proportion of that tax back to reinvest to create more jobs and opportunities. We were successful, but it took four years to hammer out the financial details of that deal with the Treasury. It was eventually signed off in Manchester by the Chancellor himself, George Osborne, in 2014.
The obvious difference between that devolution deal and the devolution Bill we have today is elected mayors. We did not have elected mayors in those days. We, the 10 leaders, were responsible for our portfolios, directly accountable and directly elected—and that is the problem. We have an elected mayor in Manchester now, Andy Burnham, and he has been outstanding, working collaboratively with combined authorities, putting place before politics, with the first mayoral development corporation not in a Labour-run town but in Liberal Democrat Stockport. It has attracted over £300 million of private investment so far, including thousands of new homes, a fully integrated transport hub, now expanding further across Stockport town centre. Bringing the bus network back under public control was a masterstroke. He is also driving Greater Manchester to be the fastest-growing economy in the UK at present. Having said that, all is not well in Greater Manchester. The private hire cross-boundary issues are of great concern to us. My noble friend Lady Pidgeon, our transport spokesperson, will go into more detail later, but there are more private-hire drivers from Wolverhampton working in Greater Manchester than work in Wolverhampton itself, and that cannot be right.
My Lords, as noble Lords can see, this is a doorstop of a Bill. I draw attention to my registered interests as chair of the Cambridgeshire and Oxfordshire development forums, and I support development forums in Norfolk, Suffolk and Cheshire as well—but of course anything I say is entirely my own view.
As a former Leader of the House of Commons with responsibility for parliamentary counsel, I draw the House’s attention to the fact that more than two-thirds of this Bill is to be found in its schedules. When parliamentary counsel published their most recent document on the drafting of Bills, they said that technical detail should not interrupt the narrative—the story one is trying to tell in the Bill—but that special attention should be paid to the question of whether material should be relegated to the back of the Bill. Well, virtually everything has been relegated to the back of the Bill. We have something like two dozen clauses that do not tell you what their intention is but simply tell you that there is a schedule to go and look at.
A rather effective example, referencing the interesting speech by the noble Lord, Lord Best, is Homes England. The powers of Homes England in relation to the acquisition of land are to be found in Schedule 16, introduced by Clause 35, but it makes no reference to Homes England; it references only strategic authorities. So the uninitiated reader of the Bill would not find anything about Homes England in its contents at all, yet there are powers provided for it.
I will take only a couple of minutes, because there will be many opportunities in the Bill to take up many of the issues that I know the Minister understands very well. As we finish the Planning and Infrastructure Bill on Wednesday, we will start this Bill with some of the same issues in our minds: neighbourhood planning, how to relate local growth plans to spatial development strategies and, for that matter, what the spatial development strategies of strategic authorities should do in relation to the national land use framework when it is published.
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The Bill will also see more mayors take on police and crime commissioner functions and become responsible for fire and rescue authority functions, allowing them to take a joined-up approach to improving public safety. They will also be able to appoint commissioners to support them as their responsibilities grow, similar to the way this works in London.
The Bill is the floor, not the ceiling, of the Government’s ambition and we have already demonstrated how seriously we take mayors’ rights to request new powers. We announced at the Budget that mayors will be given the power to raise revenue locally through a new overnight visitor levy, and we are consulting on whether to also grant this power to foundation strategic authorities. This is a ground-breaking step for the future of devolution, with transformative investment potential for England’s tourism sector and the wider economy. This Government are committed to giving mayors the tools they need to drive growth and deliver for local people.
None of this reform can be achieved without strong local government. Councils are the bedrock of our state. They are critical to delivering local public services that people can rely on, but they have been neglected for too long. The Bill will help rebuild local government as a “fit, legal and decent” foundation of devolution. It will establish the local audit office to help fix the broken, fragmented local audit system—nobody who has been in local government over the last few years will pretend the audit system is working properly.
We will also reform local authority governance by requiring councils with a committee system to move to a leader and cabinet model or, otherwise, undertake and publish a review on the decision, while putting a stop to new local authority mayor roles being created. This change will streamline decision-making across all councils, making it easier for people to understand how their council is run, while also respecting local democratic mandates where the committee system was adopted more recently following either a council resolution or a public referendum. In those cases, we will allow them to continue for the period that was voted for.
The Bill will also give the Government the tools to deliver local government reorganisation across England, resulting in better outcomes for residents and savings which can be reinvested in public services. I know that noble Lords have raised concerns about the powers we are taking in the Bill to incentivise local government reorganisation. To be clear, reorganisation is a crucial part of the Government’s mission to fix the foundations of local government, creating unitary councils that can deliver the high-quality services that all our residents deserve.
I assure noble Lords that we are fully committed to working in partnership with local areas. Our long-standing position remains: we will always seek to work with local areas on proposals for reorganisation brought forward by local areas. This Bill will enable the Secretary of State to direct areas to submit proposals to reorganise, but this power will only be used as a last resort when areas have failed to make any progress following an invitation.
As I have previously laid out, we want to give mayors the tools and opportunity to unleash the potential of their area with a more ambitious role and deeper powers. Each mayor will serve millions of people and manage multimillion pound budgets. This role has to be underpinned by elections that command public confidence. The Bill will revert elections for mayors and police and crime commissioners to the supplementary vote system after the May 2026 elections to provide greater accountability and a strong personal mandate. This was the voting system in place when mayors were first established, and it is the best system for electing people to single executive positions. In addition, the Bill will bar mayors from also sitting as MPs, ensuring that local places benefit fully from having dedicated local leaders.
We are not just giving mayors more power; we are also handing more control directly to the communities they serve. This Bill will give local communities a bigger say in shaping their place, with councils required to make sure that effective neighbourhood governance is in place. Communities will also have the tools to transform their high streets and neighbourhoods through a new community right to buy to save much-loved community assets such as pubs and shops from being lost, and to protect sports grounds, which are at the heart of so many communities and a source of great local pride. The Bill will also support our high streets by banning the unfair practice of upwards-only rent reviews, preventing the blight of vacant shopfronts. Every community should have the opportunity to thrive, and these measures are fundamental steps in achieving this.
I will now turn to a few amendments we made to the Bill in the other place. We have listened to parliamentarians and the sector and have introduced a modest number of amendments to ensure that the Bill functions correctly and delivers for local people. First, on London’s strategic licensing, I am sure noble Lords will agree that London’s pubs and restaurants are the beating heart of London’s cultural life. They contribute to our capital’s world-class status and to the growth of the economy. Yet for too long, hospitality businesses have been held back by a licensing regime that lacks proportionality, consistency and transparency. That is why we have brought forward amendments to establish a new licensing regime in London that will give hospitality businesses greater confidence and create the conditions for London’s night-time economy to thrive.
These amendments will also introduce a call-in power for the Mayor of London to determine borough licensing applications of strategic importance. The policy direction of the call-in amendment is clear. However, to ensure we fully digest any wider changes to the operation of licensing as a result of the call for evidence from the licensing policy taskforce—which closed on 6 November—we will bring forward more detailed amendments at a later stage in the Bill and we will continue to engage with noble Lords on this.
To support this Government’s commitment to deliver 1.5 million homes in this Parliament, we have taken steps to cut unnecessary and duplicative bureaucracy. Amendments have been introduced which will allow mayors to adopt a written representation procedure when determining certain planning applications of potential strategic importance and which remove the requirement that the local planning authority must consent to mayors of strategic authorities when making, revising or revoking a mayoral development order. However, I assure noble Lords that this change is not an attempt to bypass local planning authorities. Mayors will still have to bring them along as they will be crucial to delivering these orders. It is about empowering mayors so they can provide the strategic leadership that areas deserve.
We have also brought forward an amendment which will devolve the approval of lane rental schemes from the Secretary of State for Transport to mayors of strategic authorities, putting decisions in the hands of those with knowledge of their area.
On taxi and private hire vehicles, the Government recognise the challenges that the current licensing framework can cause, including inconsistent standards across the country and the practice of “out-of-area” working, where drivers choose to license in one authority area but work wholly or predominantly in a different authority area. As highlighted by the noble Baroness, Lady Casey of Blackstock, in her recent National Audit on Group-based Child Sexual Exploitation and Abuse, out-of-area working creates concerns in some authorities about the safeguarding standards applied to some of the drivers operating in their area. The Bill therefore creates a power for the Secretary of State to set national minimum standards for the licensing of drivers of taxis and private hire vehicles. Setting these licensing standards will help bring some consistency across licensing authorities.
Finally, we have taken concrete steps to ensure that local government members are able to perform their duties without fear for their own safety or that of their family. The world has changed a lot since I started being a councillor and this Government are clear that intimidation, harassment and abuse have no place in our democracy. This Bill puts it beyond doubt that a member’s, or co-opted member’s, home address should not be published by default. The amendment we introduced will also prevent the disclosure of home addresses when they are declared as interests at public meetings.
I know we all share a wish to set the sector on a firmer footing, ensure local government is fit, legal and decent, and empower communities to deliver real change and opportunities. We believe this Bill is a fundamental step in achieving this. By enabling the biggest shift of power from Whitehall to local areas in over a generation, this Bill will support the change residents expect and deserve: better joined-up delivery of public services, good jobs and politics being done with communities, not to them. I move the Bill.
These concerns are sharpened still further by the Bill’s uncertain financial implications. Community empowerment is impossible without financial empowerment. Local authorities cannot reasonably be asked to shoulder the burdens or the liabilities of their neighbours; nor can local taxpayers be expected to underwrite centrally imposed restructuring. Yet the Bill provides no assurance that council tax will not rise, no clarity on whether solvent councils may be required to absorb the debts of failing ones, and no explanation whatever of how these reforms will deliver value for money. Additionally, we are still in the dark as to how these new mayoralties will be paid for.
We hear much about synergies and efficiencies but nothing about what they are, how they will be realised, or what modelling, if any, underpins them. Rhetoric is not a substitute for a costed plan. The Government must commit to publishing a detailed cost-benefit assessment. Information available shows that the creation of more top-tier councils in place of the county councils may increase costs year on year, not reduce them. It reverses the economy of scale and offers no prospect of long-term savings.
Recent freedom of information disclosures reported by ITV Meridian indicate that the councils in Essex, Kent, Sussex, Surrey, Oxfordshire, Hampshire, and on the Isle of Wight have already set aside £11.22 million for 2025-26 to support this transition, with more than £1 million being spent in the current year alone. In Hampshire, over £500,000 has already been allocated to consultants for local government reorganisation. How can local taxpayers be assured that this represents value for money? Will there be a transparent framework, underpinned by evidence, to demonstrate whether these substantial outlays can genuinely be recovered through future efficiency gains?
This reorganisation will impose real costs on our constituents, at a time when many of them are already paying more in income tax and national insurance, whether through their earnings or their pension contributions, because of this Government’s choice to value welfare over work. We cannot in good conscience simply accept that reform must be expensive without being provided a credible vision for future savings and long-term fiscal stability.
Nowhere is that risk more acute than in social care. Adults’ and children’s social care are among the most vital, sensitive and fragile of all our local services, but the Bill is silent on how these functions will operate across new combined structures, how responsibilities will be shared and how accountability will be maintained. At a time when care systems are already stretched to their limit, reorganisation without clarity is not merely unwise but dangerous. Vulnerable people cannot be left to navigate the fog created by institutional reform.
This is not the only area where ambiguity prevails. The Bill creates new regulatory layers, including a local audit office, the relationship of which with existing bodies is left largely undefined in the Bill. We all agree on the importance of rigorous oversight, but the creation of new regulators must be justified by purpose, rather than just by preference. Likewise, spatial development strategies, critical tools for planning and housing, are referenced in a manner that leaves scope, governance and oversight uncertain. Without clarity, there is a real risk of slowing down the very growth and housebuilding the Government claim the Bill will accelerate.
I will touch on the significant alterations proposed to some of the Local Government Pension Scheme arrangements. When local government reorganisation occurs, and assets and liabilities are carved up, it is essential that independent assessments are undertaken, to allow proper oversight of what funds and actuaries in each region are doing. We must also explore the workability of the new duty requiring combined authorities to assist in identifying or developing LGPS investment opportunities. These are legitimate concerns that such a requirement will place authorities in direct conflict with the scheme managers’ fiduciary responsibilities, which must remain independent and focus solely on the interests of the scheme members.
Taken together, these examples illustrate a broad problem: the lack of clarity speaks to a wider issue in the Bill’s design. This is a substantial piece of legislation that is constitutionally significant in both scale and ambition, yet the Government have offered no clear explanation of what it is ultimately for. Is the goal efficiency, local empowerment, public service reform, fiscal consolidation, housebuilding or economic growth? A Bill of this breadth and consequence should be founded on a coherent purpose, yet the rationale before us is diffused, undefined and, at times, contradictory.
The Bill professes to empower communities but many of its consequences appear likely to impose costs on them instead. New mayoral precepts, expanding borrowing powers, increased parking charges and the creation of further layers of local bureaucracy, including mayoral commissioners, will all place additional burdens on our residents. If that is empowerment, it is of a kind that, we believe, comes with a higher council tax bill attached to it.
The House will recall that we have made the point previously that uncertainty, particularly in planning, is the enemy of delivery. If responsibilities for housing, infrastructure and spatial strategy are to shift, the transition must be clear, orderly and transparent. Developers, councils and communities need certainty, not disruption. Local authorities understand their housing needs, their land, their constraints and their potential better than anyone in Whitehall ever could; therefore, reform should strengthen that local knowledge, not sideline it, as the Bill does.
Consistent with that theme, I will address another important issue: local identity. Imposing reorganisation from above, drawing maps in Whitehall and instructing local people to accept new boundaries pose a genuine threat to the character and cohesion of the communities we represent. Local identity is the foundation on which trust, participation and civic pride are built. We must also reflect the role played by our town and parish councils. They should and could be custodians of our children’s parks, our green spaces and the amenities that give neighbourhoods their distinct character. If their powers are to be subsumed into larger unitaries, dominated by broader, macro-level concerns, how can we ensure that the priorities of those towns and parishes across our country will still be recognised and respected? These councils are not peripheral; they are central to the everyday life and well-being of our communities. In fact, we believe that we should be encouraging more towns and parish councils when representation is subsumed by a larger geographic area.
If the Bill is truly to live up to its title, it must move from the rhetoric of empowerment to the practice of it. It must restore local democracy, not dilute it. It must clarify responsibilities, not obscure them, and it must build trust, not central control. Communities do not require permission to have a voice; they require the power to use it. True devolution rests on partnership, consent and clarity, not on imposition or ambiguity.
In Committee, I will challenge the Government on whether the Bill meets that aim, not only in areas where reorganisation is already under way but in areas such as London and Greater Manchester, where devolution exists but we believe it could deliver better. If the Government wish to empower communities, let the Bill begin by listening to them; only then can they claim with any confidence to speak in their name. As drafted, the Bill takes power away, increases costs for working people and, most of all, leaves communities without a voice.
“areas that people recognise and work in”.
That may fit England’s metropolitan areas, but it creates unrecognisable and artificial authorities elsewhere. This is decentralisation, not devolution. The Secretary of State retains extensive powers to direct, intervene and alter the new arrangements. These are executive powers, without continuing scrutiny from Parliament—“elective dictatorship” is the charge that the late Lord Hailsham made about an earlier Labour Government.
The 1997 Labour Government, in co-operation with the Liberal Democrats, devolved powers to Scotland and Wales. Labour’s half-hearted plan to devolve some powers to regional authorities collapsed with the defeat in the north-east referendum, in which Dominic Cummings played as negative a role as he later did in Brexit. A Tory-Labour consensus has since emerged that fewer, larger local authorities are cheaper and easier for central government to work with, and that elected mayors are far more to be trusted than elected councillors. It became the conventional wisdom that these bodies should be as uniform as possible in size and functions, with a minimum of 500,000 people for unitary authorities, which is significantly larger than London boroughs—I point out to the noble Lord, Lord Gascoigne—for some unexplained reason, with subregional strategic authorities significantly smaller in population than London.
This does not reflect the complexity and distinctiveness of England’s different regions. What suits London and Manchester will not easily fit Devon and Cornwall. I remind the noble Baroness, Lady Scott, again that the last Conservative Government disregarded the overwhelming consensus of Yorkshire’s local leaders that we would prefer a regional framework to take powers back from London and imposed combined authorities and mayors on the moors and dales of North Yorkshire, as well as on the reluctant combination of urban Hull and rural East Yorkshire. The Bill will complete the imposition of the new strategic mayoral model across the country.
Moreover, it will ban the further introduction of mayors in unitary authorities on the spurious grounds that uninformed voters might be confused by the duplication of titles. French and American citizens manage all right with elected mayors at multiple levels, but English voters are clearly not able to understand.
The Bill is constitutionally incoherent and democratically deficient. Labour’s 2024 manifesto said almost nothing about English local democracy, except that:
“As recommended in the Report of the Commission on the UK’s future, we will establish a new Council of the Nations and Regions”,
and that, in the long term,
“Labour is committed to replacing the House of Lords with an alternative second chamber that is more representative of the regions and nations”.
We already know that serious reform of the Lords has been kicked into the long grass. The new Council of the Nations and Regions is a shadowy body, with the Mayoral Council for England tagged on as almost an afterthought.
We all agree that too much of our Civil Service is based in London. It is in London because that is where too many decisions about local policy and spending are made. The Bill does little to shift policy decisions out of London and nothing to ease the financial crisis of local government, nor to strengthen the ability of mayors or unitary authority leaders to negotiate fiscal priorities with the Treasury and central government. An alternative second chamber might well begin to rebalance UK politics away from overdependence on London, but that is far too radical an idea for Labour to pursue, for all that Gordon Brown recommended it.
The Bill’s answer to the problem of public mistrust and alienation is to offer an elected mayor for a distant strategic authority, accompanied by up to seven commissioners who will be
“independent appointees, made by and accountable to the mayor”,
who will
“act as extensions of the mayor”.
Once in office, strategic authority mayors will be almost as much elective dictators as Prime Ministers. This places excessive trust in mayors and excessive distrust in councillors.
Many of the most effective and useful Members of your Lordships’ House are former councillors. When I first joined the Lords, I rapidly learned to respect their experience and their understanding of how policies are implemented on the ground. Councillors are the elected representatives closest to our alienated and disillusioned citizens. The councillors I know in West Yorkshire, representing wards with 10,000 to 15,000 voters, struggle to get to know the different communities and issues within their enormous wards. This Bill will leave them with even less chance of representing the interests of their voters as it transfers powers upwards from local government to strategic authority mayors.
Clause 60 imposes a duty on local authorities to make
“appropriate arrangements to secure the effective governance of any area of a specified description”,
which it calls a “neighbourhood area”. There is no mention of any direct elections here for neighbourhood representation. Presumably, it envisages area committees of councillors for several wards, roughly the size of a parliamentary constituency. Under that, the vast majority of our citizens will not personally know or recognise any elected representative. Repeated reductions in local authority budgets and programmes have left swathes of our cities without any significant contact with democratic institutions or public services. No wonder so many of them are distrustful and suspicious, and inclined to vote for those who tell them that democracy is a conspiracy.
Labour believes that it is delivery that matters, not participation in public life. Liberal Democrats believe in active citizenship as a fundamental part of democracy. We will press for really local councils to be an essential part of this new structure. It should be a matter of concern for Labour that town councils exist most often in prosperous communities and least often in inner city communities where discontent with democratic politics is at its strongest.
There is a glaring contradiction here between this assumption of passive citizens and the weight the strategic defence review places on mobilising all our citizens in their local communities to strengthen national resilience and respond to threats to national security. We discussed the SDR’s call for a whole-of-society approach in this afternoon’s Questions. The concept follows Swedish and Finnish models—two countries with strong local government and much higher levels of public trust in government. We will never manage to build a whole-of-society approach to national resilience and to the response to threats if most of our population feel left outside democratic life.
The proposal to reintroduce the supplementary vote is a classic example of the half-hearted Labour approach to democratic change. This was Jack Straw’s reluctant compromise for London mayoral elections. He intended it to help Labour by capturing Liberal Democrat votes, thus maintaining the two-party competition between Tories and Labour. Now—as I am sure we all know—we have a five-party system in England, as the polls have consistently shown since last year’s election, and we need to move to a system which reflects the diversity of electoral opinion rather than the conservatism of the current Labour Government.
There are of course proposals in the Bill that we welcome: the much-needed restoration of an effective system of local audit, and the powers to take buses into firmer local control, for example. My noble friends will speak further on these and other clauses. I welcome the Government’s willingness in the Commons to accept some reasoned criticisms and incorporate them in government amendments, and I hope we will see a similarly constructive dialogue here. We on these Benches will do our best to improve this ill-thought-through Bill, while maintaining our commitment to a structure for English governance which would be more democratic and more attuned to England’s local and regional diversity.
As an example of the potential of this approach, the Devon Housing Commission, formed by the local authorities in that county, pointed to the opportunity for a development corporation to develop strategic sites in Devon. This would ease pressure on the county’s 10 planning authorities, with the combined county authority taking a cross-boundary view for exemplary major developments. The danger here is that mayors and combined authorities have other important matters to handle, and this route to more and better housing provision may not lead to the strategic authorities taking advantage of the opportunity presented by the Bill.
I have three questions for the Minister, who has a deep understanding of these issues. First, will the Ministry of Housing, Communities and Local Government provide the necessary seed corn as a financial incentive for the strategic authorities to set up their own development corporations?
Secondly, will the MHCLG be drawing up guidance on the governance, funding and delivery of new development corporations? If so, I commend a new report from a distinguished group of architects and planners called Placemakingnot Plotting, which provides a helpful basis for the key aspects of urban design to be adopted in place of current poor practice.
Thirdly, are the Government planning to support delivery by these new development corporations with grants or guarantees, perhaps via Homes England, for the initial land purchase on which so much will depend? Any news from the Minister on government support to get these development corporations off the ground would be greatly welcomed. With proper backing from the MHCLG, this component in the Bill, which streamlines the development corporation approach, could revolutionise the quality and quantity of tomorrow’s new homes and communities.
Obviously, and despite disagreements and misgivings, it has been equally important at local level in the areas with mayoral elections announced for 2026—Norfolk and Suffolk, Essex, Hampshire and Solent—to prepare for the changes to come. Much work has been done. Mayoral candidates have been chosen; they are already campaigning. In some places, staff have been interviewed for the new authorities. Imagine, therefore, the disbelief with which local council leaders received phone calls from the Minister in the other place a few days ago to inform them that the local mayoral elections had been cancelled and would take place in 2028. No one was more shocked than the former Minister for Local Government in the other place, Jim McMahon MP, who said:
“Local leaders across the political spectrum have worked in good faith. They have put aside self-interest and differences, and they did everything asked of them to secure a better settlement for the people they represent. They reasonably expected the Government to do the same … The Government have a moral and a legal obligation to honour their side of the bargain”.—[Official Report, Commons, 4/12/25; cols. 1166-67.]
I agree with those words. Some 5.4 million registered voters live in the areas affected by the changes and Norfolk, where I live, is one of them. In Norfolk, there are fears that the uncertainty caused by the delay will affect investment in large infrastructure projects and stifle growth in the local economy. There is also the question of uncertainty in all the policy areas that will be covered by the new strategic authorities. What are they meant to do? They cannot plan because they do not know what will happen. It is extraordinary.
Why have the Government taken this shock decision to delay the mayoral elections, after all they have said about the importance of devolved powers? They claim that the necessary local government reorganisation is not yet in place. That argument is rejected in all the affected areas. We are certainly 90% there in Norfolk. There have been critics who say that the Government have calculated that they might have more success in the mayoral elections under the new supplementary vote system they intend to introduce for mayors, which is not yet in place. Others claim—I am not claiming this, but there have been headlines—that the Government are running scared, given the current opinion polls. Whatever the reason, many of us in this House value and respect local government. I believe that the Minister does too. I look forward to her reply to this debate.
Mayor Burnham might one day in the future leave us to do greater things in another place and reach higher office. We do not know that. What we do know is that the new Bill gives elected mayors sweeping new powers but is almost silent on democratic accountability. Removing planning powers from directly elected members does not sit well with this group, and future governance arrangements for fire and police will be high on my agenda as this Bill receives the full scrutiny it deserves. As I have said, Greater Manchester has a combined authority. However, there will be strategic authorities, and there must be stronger roles for their council leaders to ensure that potential mayors cannot override the views of three or four constituted local authority leaders. And is it right that the mayor has a casting vote where decision-making is tied? Where is the accountability and the honesty in that?
The Liberal Democrat party is the party of devolution. Talk of “empowerment” in the Bill is frankly laughable. It goes hand in glove with robust scrutiny, accountability and giving citizens the confidence that voting matters, their voices matter and their voices will be heard. That way, you get benefits for all of society, not only a few. If this Government listen and accept reasonable amendments, this Bill could begin to do what we all want: growth, investment, better transport and better qualities for all. But, if it does not, there will be opportunities lost. We delivered in Greater Manchester and continue to do so, because we increased scrutiny, embraced joint accountability and built confidence in the private and public sectors. I hope the Government take heed of that, because this Bill is too important to fail.
On the principle of the Bill, I share the view that many have expressed that we want to see devolution achieved. I am not sure whether the noble Lord, Lord Wallace of Saltaire, referenced the Localism Act 2011, but the then coalition Government, of which I was very proud to be a member, set us down this important path, which we wanted to see completed. I think our expectation was that, 15 years on, we would probably see devolution across the whole of England and Wales, but it is tough to do.
My own experience is in Cambridgeshire and Peterborough, which is interesting and instructive, because it is not one of the city mayoralties with a metro mayor. From the outset it illustrated the difficulty, because we had parish and town councils—actually, there was no town council in my own constituency, because we had nothing in those days as large as a town. But we had parish councils, a district council, a county council and a combined authority. That was too many, and in principle the Government are right that we should arrive at a simpler structure. If we are going to have a strategic authority, we should have beneath it unitary authorities, to which people can relate, that are responsible for the delivery of the great majority of those local government functions.
At the same time, as these authorities get bigger, we must have effective neighbourhood governance. I am interested that there does not appear to be a schedule that tells us the detail of what effective neighbourhood governance looks like. We just have Clause 60, which tells us that appropriate arrangements should be made for that, but that is something that the Minister in the other place told us would be set out by way of principles in statutory guidance. Well, noble Lords might well find that it would be instructive for us to set out what the principles for effective neighbourhood governance might look like, rather than leaving it to civil servants in the ministry to do so at a later stage.
The only other thing I want to draw attention to is the importance of pace. When we had a devolution priority programme, I thought it was a priority programme because we would get on with it. I declare that I live in Suffolk—we have had contributions already from Norfolk, and we will have at least one more. We thought that we would get on with it, and people in local government thought that we would get on with it and have responded on that basis. It feels a bit like that memorable occasion: being sent to the crease having had one’s bat broken. I am afraid that, after the Bill’s passage through another place, it feels like the Minister—for whom I know we all have the greatest respect—had her bat broken by that decision before she came here to stand at the crease, as it were, to look after the Bill.
I have to say that I am a cynic. My noble friend Lady Shephard talked about this decision and why it might be motivated. It may be to do with this Bill because it will allow those mayoral elections to be conducted under the supplementary vote system in the future, rather than the first past the post system next year. Cynical politics is not what we were looking for in the devolution priority programme; we were looking for the positive politics of devolving decisions to local government and seeing local government take up that mantle. I hope that we can see that principle through in the Bill.
English Devolution and Community Empowerment… · Order Paper · Order Paper