That this House has considered e-petition 747234 relating to the Secretary of State’s power to cancel local elections.
It is a great pleasure to serve under your Caledonian chairmanship, Mr Mundell. We are old friends from the past.
As Chair of the Petitions Committee, I believe I speak for all its members when I say that it is always encouraging to see such strong public engagement in our democratic system. The petition has attracted well over 150,000 signatures, right across the United Kingdom. That level of support speaks positively about how our citizens care deeply about the timing, integrity and accountability of local elections. I thank the petition’s creator Dr Chris Barnes, whom I had the pleasure of meeting prior to the debate, and all those who have taken the time to add their name to it.
The petition calls on the Government to remove the Secretary of State’s statutory power to postpone or cancel scheduled local elections. That power is conferred on the Government by section 87 of the Local Government Act 2000. Dr Barnes’s petition states that
“the right to vote is sacred and inalienable”,
and he argues that elections due to take place in May 2026 and beyond should proceed as planned. Many signatories have expressed concern that postponement risks undermining democratic accountability and public trust. Last month, the Government did a U-turn on the decision. Regardless, we are here to debate the principle at the heart of the initial decision to delay the elections.
In their official response, the Government make it clear that the relevant powers are set out in legislation passed by Parliament. They state that such powers are
“used only with strong justification”
and that any use is subject to parliamentary scrutiny through the statutory instrument process. The Government have also indicated that they have no current plans to amend the legislation in question. They add that similar powers have previously been used in limited and specific circumstances, including in the context of local government reorganisation. The debate therefore concerns not only the principle of regular elections, but the appropriate balance between statutory flexibility and democratic certainty.
Local elections are the cornerstone of representative democracy. Councillors make decisions on housing, social care, planning, transport and a range of other services that have a direct impact on daily life. I should know, having spent a good number of years as a councillor myself.
The Chairman of the Petitions Committee is introducing the debate very well. I was a local councillor too, in Basildon in the early 1990s. Does the hon. Gentleman agree that it is a good thing that the Government have done a reverse ferret, so we can now have local elections across the country, including in Labour-led Basildon, Labour-led Southend and Labour-led Thurrock? Those councils will now have to face the electorate on their appalling record.
I thank the right hon. Member for his customarily incisive intervention.
Local elections surely ensure that decisions are subject to scrutiny and renewal. The expectation that electors will have an opportunity to choose their representatives at predictable intervals is surely fundamental to public confidence. Independent bodies have emphasised that very point. The Electoral Commission has stated that scheduled elections should, as a rule, proceed as planned and should be postponed only in exceptional circumstances. It has cautioned that uncertainty around election timing can undermine public confidence and create difficulties for voters, campaigners and administrators alike.
Similarly, the Electoral Reform Society has expressed concern to me about the democratic implications of postponements that significantly extend councillors’ terms. In particular, it has warned that where delays coincide with electoral cycles, some councillors could serve for up to seven years without facing the electorate. O that I had ever had that opportunity in my own career as a councillor! Such extensions risk weakening accountability and should prompt careful review of the safeguards surrounding the Government’s postponement powers.
Those concerns are shared, to varying degrees, across the political spectrum. My own party has argued that local elections should not be treated as administrative conveniences. We have emphasised the importance of protecting fixed and predictable electoral timetables. We have raised questions about the concentration of discretion in the hands of a single Minister. We have called for stronger safeguards and greater transparency where postponement is proposed. Similarly, Conservative Members have underlined the importance of upholding democratic mandates. However, some have reasoned that, once conferred by Parliament, statutory powers must be capable of being exercised where the law so permits.
It is a pleasure to serve under your leadership, Mr Mundell. Thank you for chairing this debate. I also thank the almost 153,000 people across the country who signed the petition, including 186 in my constituency of Woking who I think signed it because they—we—unreasonably lost our right to vote in Surrey county council’s elections last year, which were unreasonably taken away by this Government.
Did people lose their right to vote because of massive, significant events that meant that we just could not go and vote? Was it a world war? Elections in the first world war and the second war had to be postponed. Was it a foot and mouth crisis like 2001?
Just as a matter of record, we had a general election in Britain in July 1945, when we were still involved in fighting the second world war in the far east. If we can have a general election in wartime, I see no reason why we could not have local elections this May in peacetime.
I quite agree. My memory does not stretch back as far as that, but the right hon. Gentleman is completely right. Elections have been postponed only during serious wartime, during the foot and mouth crisis of 2001 and, as we all—even I—remember, during the covid pandemic in 2020. But in Surrey and across a lot of the country, people lost their right to vote because of local government reorganisation, which is not exactly an existential threat to our way of life.
People in Surrey are now stuck with county councillors who were last elected in 2021. The only reason why there are Conservatives representing my constituency is that since 2021 it has not been possible to vote them out of office. Every year since then, the Conservatives have put up candidates for Woking borough council. They have lost every single election.
We are now creating a new council for my area, West Surrey council. It is a once-in-a-generation opportunity to give my area a fresh start. We have not had such an opportunity for 50 years, but in the meetings setting it in motion, there are people who have lost their mandate because it has expired. That is completely unreasonable, and it is because of the use of the Secretary of State’s powers that the petition opposes. After the past month, the Secretary of State probably wishes he had never had them in the first place.
These are my questions to the Minister. Given that the Government have now reversed their decision to postpone the 2026 local elections following legal advice, can she confirm whether the same legal considerations applied to the nine local council elections that were postponed in 2025, including those for Surrey county council? Can she confirm to me and my Woking constituents, by outlining what legal advice the Government have had, that those elections were lawfully postponed? Finally, what material change in circumstances occurred between the decision to postpone the 2026 local elections and the subsequent decision to reverse that postponement?
It is a pleasure to serve under your chairmanship, Mr Mundell. I thank people in my constituency and across the country for signing this petition in such numbers and with such great speed; that is very revealing of the distress that has been caused.
The first question is how we got into this mess. This Government’s handling of the local government reorganisation process has been nothing short of shambolic. Councils across the country, including in my area of Sussex, have been forced to make complex and controversial decisions at breakneck speed. Local government reorganisation was not in the Labour manifesto. It is such a huge change, but it was not even mentioned. In Sussex, as in many places, it was obvious that councils operating under a rainbow of different political persuasions would struggle to find consensus over new boundaries and structures, but the Government insisted on going ahead anyway.
The decision to allow councils to postpone their elections was even worse. It has become very apparent that the councils that asked for delays did not do so for practical, logistical reasons, but simply because they were afraid they would be dumped out of office. That is exactly the situation at my council, West Sussex county council, where the Conservative ruling group has known for some time that it would face oblivion at the next election. When offered the chance to save itself last year with what was described as an election postponement, it reached out and grabbed it. It probably could not believe its luck when it was given the opportunity to cancel elections again this year—at least until the Government’s handbrake U-turn in the face of probable legal embarrassment.
Holding elections at such short notice places great strain on council officers, especially given the pressures of ongoing unitarisation—I really feel for them, given the pressure they are under. However, it is the right outcome, even if we have reached it in the worst possible way. Repeatedly denying residents the right to vote was wrong, wrong, wrong. By the time it had finished, the Conservative group in West Sussex would have retained control for seven years—far beyond the four years it was originally voted in for and for which it had a mandate.
No taxation without representation is quite a powerful political adage, and it has worked well over the years. What people were facing in many parts of the country was paying their council tax, but not being able to have a say and, in certain cases, elected county councillors staying in position for a full seven years.
However, it was not just the Minister that did this. It was done with the connivance of the Conservative party, which did everything it could to deny the vote in Norfolk, Suffolk, East and West Sussex, and initially in Surrey—doing its best to stop people voting for two consecutive years. And the Lib Dems got in on the act in Cheltenham, although, granted, in slightly different circumstances.
Talking of the Lib Dems, I have been having a very good chat with a prominent Liberal Democrat who I get on rather well with, Sir Bob Russell, who represented Colchester for many years. He made the point that there was last fundamental local government reorganisation in England 50 years ago, but no one suggested that elections should be cancelled, delayed or postponed. In fact, the debate about the shape of local government reorganisation became part of the campaigns and an issue upon which people voted.
I am proud of the fact that 153,000 people signed the petition, but I am even prouder that 4.6 million people will get the vote on 7 May because of the judicial review that I took against the Government. I am proud of that, and Reform will go on fighting for proper, open democracy.
It is clear that section 87 of the Local Government Act 2000 delegates way too much power to a Minister of any Government, and that elections are completely fundamental to liberty and freedom in our country. We need to change section 87—I ask the Government to support this—to make sure that, in the future, any delays to elections, for whatever reason, must be the subject of primary legislation, open debate and a vote by all Members of Parliament. If we do that, we will never finish up in this awful mess and with this lack of trust in politics again.
It is a pleasure to serve under your chairmanship, Mr Mundell. I commend the Chair of the Petitions Committee, the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), for the skilful way in which he introduced this important topic.
The Government’s original reason for postponing the elections was that councils were too busy with local government reform. In Essex, we had the bizarre situation where some of those involved in LGR thought they were not too busy to have elections, and some—mainly Labour-led councils—thought they were.
I served on Basildon council in the early 1990s, when we went around this buoy before, under John Major’s premiership. The idea then was not to have mayors, but to have one unitary system across the county. I was involved in the negotiations between Basildon and other authorities. In the end, to cut a long story short, the whole thing broke down because no one could agree on who to team up with. There were too many old rivalries and too many differences between towns, and the whole thing collapsed under the weight of its own contradictions. When I heard we were going around that buoy again, I confess, perhaps based on my previous experience, that I was deeply sceptical. I remember saying to my local Rayleigh and Wickford Conservative association at one of our quarterly executive meetings more than three years ago, “Don’t take it as axiomatic that this will all happen. It fell apart last time; it could yet fall apart again.”
Where are we now? We were supposed to have mayoral elections this May; the Government have postponed them to May 2028. We are supposed to have a mayoral combined authority, so now we face the bizarre position where we would have an unelected combined authority—it is an unelected committee of a handful of senior councillors drawn from several constituent councils—but with no mayor. The fate of the combined authority now appears to be effectively in abeyance.
Honourable would be enough for me. Does the right hon. Member agree that the elections are not just bureaucratic processes? They are how communities hold leaders to account, set local priorities and influence decisions that affect their everyday lives. If anybody tries to stop an election, it will backfire on them. Does the right hon. Member agree that people’s opinions are the priority? Let people decide. Do not deny them their right to the ballot box.
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In response, the present Government have stressed that the powers in question are not new; they were established by Parliament to deal with defined circumstances such as the structural reorganisation of local government. The Government argue that a mechanism must remain to ensure orderly transitions where boundaries change or authorities are merged, and that such decisions are subject to legislative oversight and are not to be exercised arbitrarily. I am sure that we will examine those points more closely in the debate.
Those differing perspectives are united by the shared recognition that elections are not merely procedural events, but the very means by which authority is conferred and renewed. Any decision to postpone them must therefore meet a very high threshold of justification and transparency. It surely must never be motivated by self-interest. That would instil distrust in our democracy, which is very precious to us all.
The petition and the debate that it has prompted reflect broader public anxiety about democratic accountability. In recent years, as we all know, trust in political institutions has been tested. It is therefore understandable that proposals or decisions that affect when voters may next go to the polls attract scrutiny and very strong opinions. At the same time, Parliament has long recognised that exceptional circumstances may require flexibility. The legal framework governing elections is complex, and changes to local authority structures, emergencies or other significant disruptions may necessitate adjustments. The question for this House, however, is not whether elections matter—I trust that all Members of the House believe that—but how best to reconcile the principle of regular democratic renewal with the practical realities of governance.
The petition process exists precisely to enable such questions to be posed and examined. That is why we are here tonight. When substantial numbers of people across the country express concern in a democratic system, as they have done with this petition, Parliament must surely listen. It is right that Ministers have the opportunity to set out clearly the legal basis for the powers concerned, the circumstances in which they may be used and the safeguards that exist. It is equally right that Members on all sides test those explanations where appropriate.
I hope that today’s debate will contribute to clarity, transparency and accountability. I reassure all those who signed the petition that their concerns are being taken seriously in this debate, because that is precisely what the Petitions Committee is all about. I will listen with the greatest interest to what my colleagues have to say and to how the Minister who is kindly representing the Government responds.
Because the Government have not been open and transparent about the legal advice that they received, my constituents of Woking and the 153,000 people who signed the petition have lost what little trust they had in government and politics. The Government can start to regain that trust by publishing their legal advice and ensuring that in future no one Minister can cancel local elections.
The Government’s U-turn, which means that elections are back on, is tough on councillors who were recently voted in in by-elections, which were called only because of the delay, and that includes two Lib Dems in my own constituency of Horsham. If the Government had let elections go ahead when they should have done last year, we would never have wasted money on by-elections that never needed to happen.
Across the country, of the 30 councils that asked for a delay this year, 26 were Labour, three Conservative and one Lib Dem, which was in Cheltenham. In defence of Cheltenham, the position is unique because of recent ward boundary changes. All 40 councillors were only recently elected, in 2024, in what was a specially timetabled election. They are currently just two years into their normal four-year term, but will now be forced to hold another election halfway through.
I am not surprised that the elections issue has caused such anger across the country—leading to this petition—because it is about something that is as fundamental as you can get: the right to vote. I fully support the petitioners in my own constituency, and I am glad they are going to get their chance to vote after all, even if it means I am going to have to spend a lot of my weekends until May knocking on doors, like everyone else here.
I do not doubt that the Conservatives will be swept from power in West Sussex. In the last few years, the political map of Sussex has changed beyond recognition. In 2023, Horsham district council became Lib Dem for the first time this century, and in 2024 I had the honour of becoming the first non-Conservative MP for Horsham in 144 years. So I look forward to 7 May, when we can finally bring West Sussex county council kicking and screaming up to date.
To conclude, this was a mess we did not need to get into, so I support the proposal in the petition to remove the Secretary of State’s right to cancel elections. We have only to look at recent events to be certain that such a right is wide open to political exploitation, as has just happened. I hope the Minister will consider amending the legislation, as proposed.
Labour’s whole argument for doing all of this is to move from a two-tier system to a single-tier system. That is not true. The two-tier system we have at the moment is Essex county council as the upper tier, with a series of district, borough and city councils below. The third tier of parish and town councils are basically unaffected either way. We are now moving to another two-tier system, where we will have a mayoral and a combined authority as the upper tier and a bunch of unitary authorities—whether three or four or five—as the lower tier. We will have gone through all this cost, misery and uncertainty to go from one two-tier system to another. The whole argument is nonsense from the get-go.
Moreover, I have been door-knocking in my constituency for 25 years, and I have never—not once, ever—had an elector say to me on the doorstep, “I want a mayor of Essex.” Members can take it from me: if Essex people want something, they are not shy to let their politicians know. [Interruption.] I see that the hon. Member for Clacton (Nigel Farage) is grinning; he has obviously experienced that himself. They do not want a mayor of Essex. If they do, they have not said so. It has no demos. There is no public demand for it. People are not clamouring for a mayor. We have never had one in 1,000 years, but suddenly the Government think we need some Sadiq Khan for Essex. That is about as popular as a bowl of—well, it is not very popular.
Where do we now sit? Southend unitary authority—forgive me, it is Southend city council, for which my great friend Sir David Amess campaigned for many years; if he were here, he would chide me now. Southend city council conducted its own consultation about a year ago, and two thirds of the people who replied did not want any change at all. The Government instituted a wider consultation county-wide—for the avoidance of doubt, that is Greater Essex, including Southend and Thurrock—which closed on 15 January. When the Minister replies, perhaps she could tell us, some six weeks on, what the result of that consultation was. If she does not have that information to hand, perhaps she could tell us when she intends to publish the results of the consultation. I am sure that that will be before the local elections—before we get to purdah in the third week of March—so that the good people of Essex know what their fellow county people have said before we go to the polls. I am going to take a punt: it is going to reveal that there was little enthusiasm for any local government reorganisation whatever in Essex. If the Minister wants to prove me wrong, she can publish the results of the consultation.
Labour sought to postpone these elections and now, thanks to campaigning by—I admit—Reform, and by the Conservatives and others, but overwhelmingly due to public pressure, which perhaps both parties have managed to articulate in our different ways, the Government have given in. Now those elections are back on, and people in Southend, Basildon and Thurrock can go to the polls and peacefully and democratically express their opinion on the Labour mob who run those three councils should be allowed to carry on.