West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

Considered in Grand Committee

Moved by

That the Grand Committee do consider the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

My Lords, this order was laid before Parliament on 17 December and, if approved by both Houses, will implement the devolution deal agreed between the Government and the West Yorkshire Combined Authority and announced by the Chancellor at the Budget on 11 March 2020. It will establish the office of Mayor of West Yorkshire, with the first election to take place on 6 May 2021. The mayor will be chair of the West Yorkshire Combined Authority, which comprises the constituent councils of Bradford, Calderdale, Kirklees, Leeds and Wakefield. The order also transfers the police and crime commissioner functions for West Yorkshire to the combined authority, to be exercised by the mayor. Additionally, the mayor and combined authority will be conferred a range of other significant powers, as agreed in the devolution deal. These include education and skills, housing, regeneration and planning, the mayoral development corporation and transport.

The order also amends some of the combined authority’s governance arrangements to reflect these powers and the role of the mayor. If this order is approved and made, West Yorkshire will benefit from significant funding, which was agreed for the area as part of the deal. The largest element of this is the £38 million of annual investment funding for West Yorkshire for the next 30 years, comprising more than £1.1 billion in total, to be invested by West Yorkshire to drive growth and take forward its priorities. It also includes other significant funding, such as £317 million from the Transforming Cities Fund, £101 million for flood risk management, a £25 million heritage fund and £500,000 for a Bradford station masterplan. In addition, the deal provides the area with flexibilities on spending, as well as control of the annual education budget.

As other combined authorities have shown, there is good evidence that devolution to geographies that reflect a functional economic area enhances economic performance, fiscal efficiency and policy delivery at both national and local levels by making government action more coherent locally and enhancing local government’s contribution to solving problems in areas falling between individual policy fields. By conferring the powers on the combined authority, the provision of local services will be better aligned with locally determined priorities and there will be less complexity as the delivery of public services within the combined authority area is streamlined. The deal provides that West Yorkshire will monitor and evaluate the deal in order to demonstrate and report on progress.

As I am sure noble Lords will agree, these powers and this funding will be a vital element of the city region’s economic and social recovery from the Covid-19 pandemic. Together, they will drive growth and create opportunities for people who live and work in West Yorkshire. At this point, I am keen to recognise and thank the local leaders and their councils for all that they have done and are continuing to do to support the area and local people as they face the challenges of the pandemic.

My Lords, in three minutes, I can touch on only one or two key issues. I welcome the order and the elevation of the leader of Leeds City Council, Judith Blake, to this House. I know that she will make a great contribution.

In winding up, could the Minister touch on when we might have the long-promised White Paper on devolution? How might it deal with the inconsistencies and incoherence of having different powers for different city regions and their mayors; the creation of powers for mayors to have the police and crime commissioner function in some areas but not in others; and the way in which the resources he referred to, combined as they were in the Autumn Statement, have been cut and the structural funds originally available from the European Union have disappeared? They now look more like the towns fund, which became a slush fund for individual Members of Parliament. How might that be avoided in these circumstances?

I want to touch particularly on the importance of Yorkshire getting its act together to collaborate, have its voice heard and ensure that it is not discriminated against as it has been so blatantly in recent years. If the Sheffield City Region—I hope that it will stop arguing about the name—and the newly created West Yorkshire mayoral authority, together with the leaders in the remainder of Yorkshire, can combine as they have done in the last few days with those in the East Midlands to make their voices heard on the HS2 scandal, some good will certainly have come out of this. Others will mention HS2; it is interesting that the briefing from HS2 always refers to the Crewe and Manchester leg as connecting to the north, as though the north were just the north-west. It is time that Yorkshire got its act together and collaborated.

That will involve the Government supporting the universities in Yorkshire to combine to counterweight the golden triangle of Imperial, Oxford and Cambridge. It will involve the local authorities, as well as the city mayors, being able to see where their voice can be heard, for instance in the present maldistribution of vaccines—parts of Yorkshire have done so well in distribution that they are now being rationed—to ensure above all that the work done at the local level can be properly supported and a coherent policy developed from central government.

My Lords, I have a direct interest in this matter as a councillor in Kirklees and as a vice-president of the Local Government Association.

As we have heard, there are five constituent councils in West Yorkshire, representing 2.5 million people. Again, as we have heard, it is the only region with three cities: Bradford, Wakefield and Leeds. It has not been easy for the councils to give their agreement to this deal. There were only 4,400 responses to the consultation, which is hardly representative, and three of the constituent councils failed to achieve unanimity on the deal.

There is a healthy degree of scepticism in West Yorkshire about the mayoral model. This is compounded by the ability of the mayor to appoint both a political adviser, paid from the public purse, and a deputy mayor for policing—again, a political appointee paid from the public purse. Yorkshire residents are rightly suspicious of mayors’ ability to add to their council tax bills and of the lack of ongoing, direct accountability for their decisions. The Secondary Legislation Scrutiny Committee highlighted the fact that

“operational efficiencies … could lead to reduced costs”.

However, it concluded that the MHCLG was not able to provide evidence to support that assertion. I wonder whether the Minister will be able to do so.

This agreement is hailed as devolution but it falls at the first hurdle. The agreement that was originally reached has been undermined unilaterally by the Government at the very last minute. As the Minister has said, strategic planning powers and powers for a strategic infrastructure tariff have been removed from the agreed deal by the Government on the whimsy that they may be compromised by a government planning Bill. So much for devolution. The Government have cocked a collective snook at West Yorkshire; the Covid vaccine supply debacle has just compounded that sentiment.

My Lords, it is a great pleasure to follow the noble Baroness, Lady Pinnock, who obviously has a great personal interest in this draft order given her strong role in Kirklees.

I thank my noble friend the Minister for setting out the terms of the order. I certainly welcome it. Until now, West Yorkshire has been the most obvious omission from the pattern of combined authorities and metro mayors in England. The Conservative manifesto committed the Government to a successful devolution of powers to city region mayors and to a White Paper on devolution in 2020. I understand the reasons for the delay but the Government confirmed last week that the English devolution and local recovery White Paper would be published “in due course”—three words with which we are all familiar and which have been used by successive Governments. Can I press my noble friend to indicate with perhaps more clarity the precise timetable of that happening?

The draft order, based on the devolution deal, has been agreed by the councils of the area and the West Yorkshire Combined Authority, and a public consultation has been carried out, as detailed in the Explanatory Memorandum. Although all consultations for combined authorities have not had a flood of responses, this one has had the largest, as noted by the leader of Leeds City Council, Judith Blake. Like the noble Lord, Lord Blunkett, I very much congratulate her on the announcement of her Peerage, and I look forward to her presence and contributions in your Lordships’ House. The consultation demonstrates considerable support for the content of the order, from 59% on finance to 75% on transport. I am pleased to see that it very much involved the universities of the area.

Like the noble Baroness, Lady Pinnock, I note that planning and strategic infrastructure have not been conferred and that the Government are committed to conferring planning, at least in future. Could my noble friend outline the timeframe for that to happen and perhaps also explain why infrastructure has not been included?

My Lords, I start by declaring an interest, as I will have a vote in the West Yorkshire mayoral elections. I also endorse what my noble friend Lord Blunkett said about the urgency with which we need to see the White Paper and the more comprehensive approach to devolved institutions.

I will talk not about the powers but about the practicalities of the election. The noble Lord, Lord Bourne, has just said that we should have clear guidelines as soon as possible. We would all like the elections to go ahead, but we have to be realistic and make sure that there are proper preparations. We do not want a last-minute decision to postpone them elections, and we are in danger of seeing that if we do not have better preparations at a very early point.

We are only a matter of weeks from candidates having to go around getting people to sign their nomination forms, which would be difficult. We would normally see volunteers putting leaflets through, and knocking on, doors, which will not be possible. Telephone canvassing is not a good substitute.

The Government have said that polling stations will be Covid-safe, but many schools are polling stations. Will they have to close the day before and after for deep cleans? All those things need looking at. Where will returning officers will get their polling staff from—and will they be vaccinated? Will they be vaccinated three weeks or three months in advance? We are running out of time.

However, my biggest concern is for the count, because the practicalities are clear to anyone who has been a candidate in an election. Counts are busy; they are in big halls, many of which are being used for vaccinations, so they may not be available. How can a scrutineer stand two metres apart from other scrutineers and the people counting and have total confidence that they are doing a good job?

My Lords, this order represents another small step in decentralising England. The additional powers, over skills and training and strategic housing and regeneration, in particular, are important, if limited. But, of course, there is little extra money.

I shall leave it to colleagues who live in Yorkshire to comment further on the detail of the order, but I want to make the point that what is being introduced is in practice a centralised structure. It is not just that the duties of an elected Police and Crime Commissioner are to be taken over by the mayor, it is also that there will be no assembly, as in London. There, the Assembly exists to hold the mayor to account and make sure that the mayor’s policies, actions and strategies are in the public interest.

Scrutiny matters. We need to look carefully at how scrutiny has worked in all mayoral authorities—not just combined authorities—to assess how each is performing and what we can learn from their achievements or failures. When combined authorities were first introduced, their bespoke nature was understandable, because it meant that different approaches to spreading power in England could be tested. That approach has been useful, but now we need to review how well each of the combined authorities has worked and how more power and responsibility might be devolved from Whitehall and Westminster—and not just to those existing combined authorities. That could take place in the context of the promise by the Government of a White Paper on English devolution, which was due last year, as we have heard from other noble Lords and Baronesses this evening.

At the last election, the Conservative manifesto contained a commitment to a constitution, democracy and rights commission. That is welcome, but, in my view, we need a proper constitutional convention that looks towards creating a federal structure for the United Kingdom. This is because the question of whether to hold another referendum on independence for Scotland should be seen in the context of the UK as a whole. That must surely include the constituent parts of England. It could prove key to helping the levelling up agenda, because I think levelling up, if it is to be successful, will require constitutional reform.

My Lords, it is a pleasure to follow the powerful remarks of the noble Lord, Lord Shipley, and I associate myself with his and others’ questions about when we can expect the devolution White Paper. We know the slogan “Take back control” was at the forefront in 2016; I do not believe it has any less resonance today—I suggest it has more, given the loss of the democratic oversight and opportunities of the European Parliament.

I declare my position as a vice-president of the Local Government Association and the input of the Yorkshire & the Humber Green Party into these questions. Most of them concern democracy. The Minister referred in his introductory remarks to the consent for these plans and the percentage of people who indicated agreement to the lead question. So I ask the Minister: what alternative was offered to people? Would it have meant a loss of money to the region, as I understand it would? Were people given the alternative to show support for the One Yorkshire plan that, in 2019, 18 of the 20 councils of the regions backed? Where is the Government’s evidence for the support of the people? Why was a referendum not held, as has occurred in the past?

As other noble Lords have said, London has an elected Assembly that scrutinises the work of the mayor—perhaps not as strongly as we might like but it none the less exists and has the opportunity to question and challenge. Why does Yorkshire not have a similar assembly or, given its scale, a parliament? Can one person really represent 2.5 million people? Will there not be a democratic loss through the loss of the elected police and crime commissioner and making the deputy mayor for policing a political appointee, as the noble Baroness, Lady Pinnock, said? Across West Yorkshire, more than 8% of elected councillors are from parties other than Labour, the Conservatives or the Liberal Democrats. How are the voices of those other voters going to be properly represented on the combined authority?

My Lords, I thank the noble Lord, Lord Greenhalgh, for his clear explanation of the powers that the authority will have and what it can do. I also declare an interest as a member of Cumbria County Council. I am a member of that council because I believe in local government, and it is a key part of the levelling-up agenda to have stronger, more effective local government in the north of England.

I should like to put three points to the Minister. First, as my noble friend Lord Blunkett, the noble Lord, Lord Shipley, and others have pointed out, there are inconsistencies and deficiencies in the way in which this devolution process has been handled. We need a White Paper, more consistency and to strengthen not weaken devolution. When are those proposals going to come?

Secondly, until now, the focus has been on strengthening the voice of the big metropolitan areas in the north of England but there are, of course, more rural and scattered hinterlands. The Government are considering local government reorganisation proposals for the hinterland in the north-west of my native Cumbria, in the hinterland of West Yorkshire and in North Yorkshire. I strongly support the creation of single strategic authorities in those areas. The district councils are iffy about this, but we can deal with their concerns through effective devolution within a strategic authority to towns and groups of parishes. That would be a better answer.

Thirdly, a stronger voice for Yorkshire is desperately needed as the Government contemplate the decision to put the eastern leg of HS2 on the back burner, which would be catastrophic for the north. It would create gross inequality between the north-west and Yorkshire and Humber and the north-east that would get worse and worse as the decades went on. It cannot be allowed to happen. I know that this is not the Minister’s direct responsibility but that of the Department for Transport, but the Local Government Minister must give attention to this desperately important issue.