PARLIAMENTARY DEBATE
English Devolution and Community Empowerment Bill (Eighth sitting) - 21 October 2025 (Commons/Public Bill Committees)
Debate Detail
Chair(s) Sir John Hayes, † Dame Siobhain McDonagh, Graham Stuart, Valerie Vaz
Members† Berry, Siân (Brighton Pavilion) (Green)
† Blundell, Mrs Elsie (Heywood and Middleton North) (Lab)
† Carling, Sam (North West Cambridgeshire) (Lab)
† Cocking, Lewis (Broxbourne) (Con)
† Cooper, Andrew (Mid Cheshire) (Lab)
† Costigan, Deirdre (Ealing Southall) (Lab)
Ellis, Maya (Ribble Valley) (Lab)
† Fahnbulleh, Miatta (Parliamentary Under-Secretary of State for Housing, Communities and Local Government)
† Holmes, Paul (Hamble Valley) (Con)
† McKenna, Kevin (Sittingbourne and Sheppey) (Lab)
† Moon, Perran (Camborne and Redruth) (Lab)
† Perteghella, Manuela (Stratford-on-Avon) (LD)
† Reader, Mike (Northampton South) (Lab)
Simmonds, David (Ruislip, Northwood and Pinner) (Con)
† Slade, Vikki (Mid Dorset and North Poole) (LD)
† Uppal, Harpreet (Huddersfield) (Lab)
† Woodcock, Sean (Banbury) (Lab)
ClerksSanjana Balakrishnan, Kevin Maddison, Dominic Stockbridge, Committee Clerks
† attended the Committee
Tuesday 21 October 2025
(Afternoon)
[Dame Siobhain McDonagh in the Chair]
English Devolution and Community Empowerment Bill
Schedule 19
Local growth plans
Amendment proposed (this day): 352, in schedule 19, page 200, line 17, at end insert—
“(d) include an overview of the views of town and parish councils in the local authority area about the plan.”—(Manuela Perteghella.)
This amendment would require information about the views of town and parish councils in the area about a mayoral combined authority’s local growth plan to be included in the plan.
Question again proposed, That the amendment be made.
Amendment 353, in schedule 19, page 200, line 17, at end insert—
“(2A) A mayoral combined authority must engage town and parish councils within its area in creating a local growth plan.
(2B) Engagement under subsection (2A) must include—
(a) sharing draft proposals,
(b) sharing evidence gathered to prepare the proposal, and
(c) opportunities to provide feedback on draft proposals.”
This amendment would require mayoral combined authorities to engage with town and parish councils in creating local growth plans.
Amendment 354, in schedule 19, page 201, line 4, at end insert—
“(f) minimum engagement requirements under section 107L(2B).”
This amendment would allow the Secretary of State to create guidance about the minimum levels of engagement with town and parish councils that is required in the development of mayoral combined authorities’ local growth plans.
Amendment 355, in schedule 19, page 202, line 14, at end insert—
“(d) include an overview of the views of town and parish councils about the plan.”
This amendment would require information about the views of town and parish councils about a mayoral CCA’s local growth plan to be included in the plan.
Amendment 356, in schedule 19, page 202, line 14, at end insert—
“(2A) A mayoral CCA must engage town and parish councils within its area in creating a local growth plan.
(2B) Engagement under subsection (2A) must include—
(a) sharing draft proposals,
(b) sharing information gathered to prepare the proposal, and
(c) opportunities to provide feedback on draft proposals.”
This amendment would require mayoral CCAs to engage with town and parish councils in creating local growth plans.
Amendment 357, in schedule 19, page 202, line 37, at end insert—
“(f) minimum engagement requirements under section 32A(2B).”
This amendment would allow the Secretary of State to create guidance about the minimum levels of engagement with town and parish councils that is required in the development of mayoral CCAs’ local growth plans.
We have been clear that local growth plans should reflect the diverse needs and views of a range of local and regional stakeholders. Not only is this already possible, but it is actively encouraged. We have set out in the Bill that, when drafting their local growth plans, mayoral combined authorities and mayoral combined county authorities must have regard to guidance published by the Secretary of State. That guidance can already set out who the authority might consult, as well as the information to be included in the plan.
We think that specifying a minimum level of engagement for town and parish councils is disproportionate and over-prescriptive. For too long, central Government have dictated what local areas should do, who they should talk to and how they should do it, and we are calling time on that. This is about empowering mayoral strategic authorities to reach out to the key stakeholders that they know and understand best to drive the changes they want in their place. For that reason, I do not believe this cluster of amendments is necessary.
I ask the hon. Lady to withdraw her amendment.
I do not believe that the hon. Member for North West Cambridgeshire is correct. What I am saying is that the Minister and the Government cannot have their cake and eat it. On various things, they are prescribing who mayors should talk to, who should be included in a strategy and who should sit around the table. But when it comes to organisations that are delivering services on the ground, and district councils that are to be abolished are transferring assets down to town and parish councils, the Minister says there is no need to prescribe that mayors need to talk to them. In many cases—including in my constituency and that of the hon. Member for Stratford-on-Avon, who so eloquently spoke to this amendment—these town and parish councils are increasing the number of services they provide, and they are taking on sections of land and businesses that are integral to the development of local growth plans. I say very gently, if the Minister wanted to completely devolve power to mayors, that would be absolutely fine with us, but let us not have a patchwork quilt approach by which she is absolutely prescribing who and to which stakeholders mayors should talk in other areas of the legislation, but she does not feel it necessary to include town and parish councils in this part. That is a shame.
In this case, again, there will be guidance that will talk about a range of local stakeholders, but we think it is wrong to prescribe on the face of the Bill that there should be a minimum requirement in order to engage with town and parish councils. That is too onerous and is disproportionate. We should allow the mayor and the strategic authority to know their stakeholders and the people with whom they need to have a conversation, to make sure that they have consensus and the support to drive forward their local growth plan.
Amendment, by leave, withdrawn.
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require combined authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
“(d) identify the plan’s contribution to targets set out by—
(i) sections 1 to 3 of the Environment Act 2021,
(ii) Part 1 of the Climate Change Act 2008, and
(iii) the Air Quality Standards Regulations 2010.”
This amendment would require mayoral combined county authorities to have regard to targets set by the Environment Act 2021, Climate Change Act 2008, and Air Quality Standards Regulations 2010 in developing local growth plans.
I am grateful for the support of the hon. Member for Brighton Pavilion who has also signed amendment 364, along with my hon. Friend the Member for Stratford-on-Avon and my hon. Friend the Member for Guildford (Zöe Franklin). Amendments 364 and 365 are a simple pair of amendments; they are identical in wording, but one applies to a county combined authority and one to a combined authority. It really is quite straightforward: economic growth should not be off the back of public health and environmental damage. If a local authority is going to drive economic growth by, for example, creating a large industrial estate that will damage air quality or create incredible congestion, it is not paying attention to the environmental factors.
I am sure that the Minister will tell us that all those things form part of a decision on a planning application. However, if this Government are genuinely committed to their international and national obligations on climate change, and if they are committed to reducing health inequalities, in which we know air quality is a major factor, it seems a small thing to make these amendments, which would assure that mayors—who may not have the same commitment as the Government to protecting air quality and our environment—must identify the contributions.
Interestingly, schedule 19 provides that the local plan must include all the economic factors and list their impact. Adding environmental factors would be a minor change. We will press the two amendments to a vote.
National Government and local government at all levels, along with business and individuals, must continue to make a contribution to tackling climate change and improving the quality of the environment around us. I refer the hon. Lady to the local growth plans that are already in place and the actions of mayors who are already in place, which show that a regard for climate change and air quality obligations is a driving force.
Question put, That the amendment be made.
Question put, That that the amendment by made.
“(2A) In preparing a local growth plan, a mayoral combined authority must make specific reference to the proposed benefits of the plan on areas which are rural, remote, or coastal.”
This amendment would require local growth plans to make specific reference to the proposed benefits of the plan on rural, remote and coastal areas.
“(2A) In preparing a local growth plan, a mayoral CCA must make specific reference to the proposed benefits of the plan on areas which are rural, remote, or coastal.”
This amendment is related to Amendment 359.
Both amendments would require local growth plans to make specific reference to the proposed benefits for those areas. In that way, we would ensure that the growth strategies are inclusive, balanced and relevant to the communities within the combined authority area. Combined authority areas can be very different—there could be a very populous urban cluster of unitary councils, and there could also be rural councils, which have completely different needs.
The amendments are fair to rural communities and advantageous to urban areas, because we know that when our rural areas thrive, so does the whole country. There are opportunities across our nation as a whole. Rural and coastal areas need focused attention—for example, supporting infrastructure such as transport networks, energy infrastructure and digital connectivity. There are families in my constituency who do not get any broadband connectivity, and their children have to go to cafés in towns to revise for GCSEs. Not having that connectivity also makes it very difficult for businesses to thrive, so we face unique challenges.
Obviously, rural areas are not homogeneous. We know that they have different industries—for example, agriculture and the visitor economy—and the demographics are different. Lots of people come to my constituency to retire, for example, which tells us about the health provision that we need our area. We want those needs to be reflected in the provisions on local growth plans in the Bill. A one-size-fits-all approach will lead to not only rural deprivation but missed opportunities for our nation as a whole.
In conclusion, the amendments are about equity, opportunity and smart growth. Rural, remote and coastal communities must not be left behind. Ignoring them would be a missed opportunity for the sustainable and inclusive growth that would power the whole region. Amendments 359 and 360 would ensure that all mayoral authorities plan meaningfully and strategically for every part of their area. For that reason, I will push amendment 359 to a vote.
We are going through exactly the same issues, in that both our areas are diverse in their make-up and population. If I take the proposed mayoral authority that is being created for Hampshire and the Solent, that region consists of two large working-class cities on the south coast, which probably look like old industrial northern working-class cities, in what is otherwise quite an affluent area. As well as those cities of Southampton and Portsmouth, we have many affluent and also deprived coastal communities, and the farming communities in Hampshire.
Without undermining the candidates of all political parties who will be standing—I will talk about Hampshire in this case, because it adequately illustrates the problems of the current legislation—it is perfectly reasonable to assume that because the future mayor of Hampshire and the Solent, like many others, is being asked to represent 2.2 million people, those diverse areas and what the mayor needs to look at in the growth plan need to be codified.
The hon. Member for Banbury said that a mayor worth their salt should be able to do that anyway, but he just spoke against an amendment that would have enabled a mayor to speak to town and parish councils and do their job better. He cannot have it both ways.
To return to amendment 359, the way that mayoral authorities are formulated means that mayors will represent diverse areas. As I said to the Minister, we want them to be able to succeed and we want to make sure that their growth plans actually work. In an earlier debate, I tried to adequately back up the Minister’s aim for mayors to deliver that and to make people in their area more prosperous. Businesses being created and economic growth should absolutely be the top priorities of the Government and the mayors that they are creating, and we fully endorse that message. I would argue, however, that mayors cannot do that if there is not guidance—or at least something in the legislation—that requires them to look at our coastal and rural communities and some of the unique challenges that the mayors will be able to face.
I will use the example of Hampshire and the Solent again. I have a friend who will probably end up being the Labour candidate for Hampshire and the Solent. She would make a very good mayor, but she has a history of representing and leading a council in an urban centre in an industrial city like Southampton—that is her expertise. She did it very well; she took over from the Conservative administration that I was part of. What she cannot do, and what she does not have strong experience in, is represent the coastal communities that go down the Solent and the farming communities outside.
The amendment would require rural and coastal communities and areas to be enshrined in the legislation. I do not think that Government Back Benchers, or the Minister, should be scared of that, because it would codify a solid strategic view for the local mayor to follow. I welcome the amendment, and we will support it if the hon. Member for Stratford-on-Avon presses it to a vote.
There is no evidence to suggest that local growth plans as defined in the Bill do not enable places to drive that. That is certainly not the experience that we are seeing at the moment. I understand the concern that a lot of our mayors have been in more urban areas, but in the north-east and increasingly with the mayors who are coming through our priority programme, they are clear about the importance of their rural communities and the fact that they will need certain powers and functions to drive that.
Although I completely understand the intent and legitimate concern behind the amendments spoken to by the hon. Member for Stratford-on-Avon, I think they are too prescriptive, and it is right that we create the flexibility for mayors to understand their patch across the piece and then respond effectively in their local growth plan. I hope that with that reassurance the hon. Lady will withdraw amendment 359—although I think she said she will press it to a vote.
Question put, That the amendment be made.
“107MA Funding and support relating for Local Growth plans
(1) The Secretary of State has a duty to ensure that mayoral combined authorities have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral combined authorities in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.”
This amendment creates a requirement for regular reviews of the needs of mayoral combined authorities with regard to local growth plans.
“32BA Funding and support relating to local growth plans
(1) The Secretary of State has a duty to ensure that mayoral CCAs have sufficient financial resources and adequate administrative support to discharge effectively any functions relating to the—
(a) preparation,
(b) publication, and
(c) delivery
of local growth plans.
(2) In discharging the duty under subsection (1), the Secretary of State must regularly review the financial and administrative needs of mayoral CCAs in respect of functions relating to local growth plans, taking into account the—
(a) strategic importance, and
(b) complexity
of any such plans.”
This amendment creates a requirement for regular reviews of the needs of mayoral CCAs with regard to local growth plans.
As we all know, our local authorities are at breaking point, with many of them expecting to make section 114 declarations within the next 12 months. I am deeply concerned that additional responsibilities to help to fund a strategic authority above them—they will have to pay in through a levy but they will have only minimal involvement in the decision making coming back down—will put them under more pressure.
These amendments are designed to make that point, to probe the Minister and to ask for further consideration about how the Secretary of State can assure local communities, who will be paying for these authorities, that there will be sufficient financial resources and adequate administrative support to discharge the functions involved in the preparation, publication and delivery of the local growth plans. There is no point in having a fantastic plan if it cannot be delivered, or if the organisations beneath the strategic authority have just gone bust.
I have said it before: the money is coming either from levies, from precepts, or potentially from grant funding through central Government. These amendments are really about probing to ask whether these growth plans will be coming with the money attached to them so that local areas, wherever they are in the country, have a fighting chance of producing a really good growth plan that benefits every resident within their area. That is why I have tabled these amendments: to try to draw a bit more out of the Minister.
As I said, the principle holds that capacity-building support must be there to ensure that strategic authorities can do their functions incredibly well, but I do not think it is necessary to specify that on the face of the Bill, not least because we already have the spending review process where strategic authorities set out their demands, ambitions and resources, and have a conversation with Government about ensuring that they are adequately resourced.
The principle of capacity building is therefore absolutely clear and firm, and is designed into the way we are trying to drive the legislation forward. Putting it on the face of the Bill would be too prescriptive when there are already processes in place to enable it to happen.
For other mayoral combined authorities that are not established, the process in practice has been, “This is what we have tried to do in our area. These are the resources, and this is where we can use, for example, the mayoral precepting power,” and then there is a conversation with Government to enable them to do what they want. We are moving towards multi-year settlements, because we think that is a better way to run the public finances. The principle of multi-year settlements applies to local government and across Departments, and will apply in the context of mayoral combined authorities.
Amendment, by leave, withdrawn.
Government amendments 172, 173, 175 to 177, 179 to 181, 183 to 185, 187, 189, 190, 192 to 194, and 196.
Government amendments 174, 182, and 191 simply clarify that public authorities that operate GB-wide or UK-wide may be specified in regulations as subject to the duty to have regard, and that the duty will apply only to their activities in England.
Amendment 171 agreed to.
Amendments made: 172, in schedule 19, page 201, line 8, leave out “non-departmental public body” and insert “public authority”.
This expands the power to require a non-departmental public body to have regard to shared local growth priorities to any relevant public authority.
Amendment 173, in schedule 19, page 201, line 11, after “of the” insert “mayoral combined”.
This amendment is consequential on Amendment 172.
Amendment 174, in schedule 19, page 201, line 17, at end insert—
“(1A) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.”
This ensures that where a relevant public authority carries out activities in England and anywhere else in the UK, the new duties relating to the local growth priorities of mayoral combined authorities will only apply to activities that the authority carries out in England.
Amendment 175, in schedule 19, page 201, line 18, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 172.
Amendment 176, in schedule 19, page 201, line 19, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 172.
Amendment 177, in schedule 19, page 201, line 26, leave out “non-departmental public body” and insert “public authority”.—(Miatta Fahnbulleh.)
This amendment is consequential on Amendment 172.
This means that a Minister of the Crown or government department can be specified in regulations as bound by the duty to have regard to shared local growth priorities.
Amendment 178 agreed to.
Amendments made: 179, in schedule 19, page 201, line 37, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 172.
Amendment 180, in schedule 19, page 203, line 2, leave out “bodies” and insert “authorities”.
This amendment is consequential on Amendment 181.
Amendment 181, in schedule 19, page 203, line 3, leave out “non-departmental public body” and insert “public authority”.
This expands the power to require a non-departmental public body to have regard to shared local growth priorities to any relevant public authority.
Amendment 182, in schedule 19, page 203, line 10, at end insert—
“(1A) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.”
This ensures that where a public authority carries out activities in England and anywhere else in the UK, the new duties relating to the shared local growth priorities of mayoral combined county authorities will only apply to activities that the authority carries out in England.
Amendment 183, in schedule 19, page 203, line 11, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 181.
Amendment 184, in schedule 19, page 203, line 12, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 181.
Amendment 185, in schedule 19, page 203, line 19, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 181.
Amendment 186, in schedule 19, page 203, leave out line 21.
This means that a Minister of the Crown or government department can be specified in regulations as bound by the duty to have regard to shared local growth priorities.
Amendment 187, in schedule 19, page 203, line 30, leave out “non-departmental public body” and insert “public authority”.—(Miatta Fahnbulleh.)
This amendment is consequential on Amendment 181.
“(4A) In section 252 of LURA 2023 (regulations)—
(a) in subsection (5)(a), after ‘subsection’ insert ‘(8)(ab) or’;
(b) in subsection (8), before paragraph (a) insert—
‘(ab) under section 32C(2);’.”
This provides that regulations made under new section 32C of the Levelling-Up and Regeneration Act 2023 (public authorities: duty to have regard to shared local growth priorities), as inserted by Schedule 19 to the Bill, are subject to the negative resolution procedure.
The amendment provides that regulations that specify the relevant public authorities that must have regard to shared local growth priorities agreed between the Government and mayoral combined county authorities are subject to the negative procedure. Use of the negative procedure provides an appropriate and proportionate level of scrutiny for these regulations. The amendment will enable us to introduce the duty on relevant public authorities in the most efficient way.
Amendment 188 agreed to.
Amendments made: 189, in schedule 19, page 203, line 37, leave out “bodies” and insert “authorities”.
This amendment is consequential on Amendment 190.
Amendment 190, in schedule 19, page 203, line 39, leave out “non-departmental public body” and insert “public authority”.
This expands the power to require a non-departmental public body to have regard to shared local growth priorities to any relevant public authority.
Amendment 191, in schedule 19, page 204, line 7, at end insert—
“(1A) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.”
This ensures that where a public authority carries out activities in England and anywhere else in the UK, the new duties relating to the shared local growth priorities for Greater London will only apply to activities that the authority carries out in England.
Amendment 192, in schedule 19, page 204, line 12, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 190.
Amendment 193, in schedule 19, page 204, line 13, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 190.
Amendment 194, in schedule 19, page 204, line 20, leave out “non-departmental public body” and insert “public authority”.
This amendment is consequential on Amendment 190.
Amendment 195, in schedule 19, page 204, leave out line 22.
This means that a Minister of the Crown or government department can be specified in regulations as bound by the duty to have regard to shared local growth priorities.
Amendment 196, in schedule 19, page 204, line 29, leave out “person” and insert “public authority”.—(Miatta Fahnbulleh.)
This amendment is consequential on Amendment 190.
Question proposed, That the schedule, as amended, be the Nineteenth schedule to the Bill.
Schedule 19 will change that by creating a process for all mayors to agree local growth priorities with the Government. It will provide a common approach for mayors outside London to set out their priorities and investment opportunities in their local growth plan. Mayors up and down the country have given their backing to local growth plans, and we are already seeing this in practice. We have already agreed shared local growth priorities with the 12 longest established mayoral authorities, but agreeing and publishing shared local growth priorities is not enough. Mayors need to know that these priorities will be acted upon, which is why we will require public bodies to have regard to them at key points.
The approach will ensure that everywhere with a mayor has a clear plan for growth and economic prosperity in their area, whether that is a local growth plan or the economic development strategy for London. Crucially, it will ensure that the priorities we agree with mayors have Government backing, with relevant public bodies alert to them, so that all levels of government can pull in the same direction.
Question put and agreed to.
Schedule 19, as amended, accordingly agreed to.
Clause 39
Local Government Act 2003: expenditure grant
Question proposed, That the clause stand part of the Bill.
The ability of combined and combined county authorities to pay their constituent councils is vital to the smooth running of transport, for example. Constituent councils are the highways authority in their area, with the duty to manage their road network and deliver highways maintenance; the authority therefore needs a power to fund them for delivering those key functions. We understand highways authorities’ need for sufficient funding to deliver against their duties, which is why clause 39 requires combined or combined county authorities to have in mind the necessity of ensuring a council has enough to deliver its highways functions when paying grants.
It may be that a town or parish council is fulfilling one of the areas of competence for the strategic authority. For example, under clause 2(g), public safety, a town council might be running CCTV or paying for community safety accreditation team officers. Under clause 2(e), environment and climate change, that parish or town council might be delivering solar insulation or be rewilding. I did not table an amendment on this, but might there be a drafting error in not allowing the strategic authority to pay a grant to an organisation associated with a constituent council? There is an opportunity there to use our town and parish councils in this way.
The hon. Lady will know that town and parish councils in the round tend not to draw down Government grant or funding. In conferring on strategic authorities this power, which currently goes from the Secretary of State to constituent authorities, we are thinking in particular about grant funding. That is why we have constrained it in the way we have set out. I will take her point away and consider it to make sure we have not missed a trick, but our focus is particularly on transport and highways authorities and the ability to pass through grant funding.
Question put and agreed to.
Clause 39 accordingly ordered to stand part of the Bill.
Clause 40
Encouragement of visitors and promotion of visitors
“(2A) In section 144, after subsection (1) insert—
‘(1A) In exercising powers under subsection (1) the relevant authority must engage with town and parish council within its area.
(1B) Engagement under subsection (1A) must include—
(a) consulting town and parish councils on tourism strategies, policies, and investment priorities; and
(b) creating opportunities for town and parish councils to contribute to activities relating to the exercising powers under subsection (1).
(1C) In exercising powers under subsection (1) the relevant authority must publish a report summarising the authority’s engagement with town and parish councils which includes—
(a) form of engagement used;
(b) the views of town and parish councils on the authority’s exercise of powers under subsection (1); and
(c) the role of town and parish councils in exercising powers under subsection (1).
(1D) The Secretary of State may issue guidance regarding requirements for engagement under subsection (1A).’”
This amendment would require local and/or strategic authorities exercising powers to encourage visitors to their area to engage with town and parish councils.
Clause stand part.
New clause 41—Visitor levies—
“(1) The Secretary of State must conduct a review into giving local authorities powers to introduce visitor levies within their area.
(2) The review in subsection (1) may only consider a visitor levy which directs receipts from the levy into the relevant authority’s general fund.
(3) The Secretary of State must lay a report on the review in subsection (1) before both Houses of Parliament within 12 months of the passage of this Act.”
“piña coladas, and gettin’ caught in the rain”,
may I suggest that she looks no further than the Piña Colada festival in Northwich, which is delivered by Northwich town council and adds £500,000 to the local economy? I completely agree with her about the contribution that town and parish councils can make with stuff like this, but she would place a duty on the mayor that they “must” consult, and not all parishes are the same. Will she comment on that?
“Engagement…must include…consulting town and parish councils”—
not “can include”, but “must include”. Of 300 parish councils, some might be home to only 150 people and some to 20,000 people, so they are completely different. I do not think that “must include” is appropriate.
“tourism strategies, policies and investment priorities”.
The amendment also asks the Secretary of State to issue guidance on minimum standards of engagement. Again, we must give the strategic authority the tools to engage with town and parish councils, which, I remind the Committee, are going to take on a lot of assets and services when district councils are abolished.
Overall, the amendment is about giving local communities representation in tourism planning. That is important, because town and parish councils know the attractions, infrastructure needs and growth opportunities of their areas best. If a theme park is proposed, the town or parish council will know exactly whether, for example, a bypass is needed. Engaging with them will ensure that tourism plans are grounded in the reality of each community. I repeat that the onus to engage should be on the strategic authority.
The amendment would also ensure inclusive planning. We talked this morning about inclusivity. Small towns, villages and rural areas are often overlooked in broader strategies, but they are vital to our economy. By considering them, we support equitable growth across both urban and rural areas. The authorities would also have to report on how councils are engaged and what input they have provided. That would promote sustainable tourism, because the authority, by consulting on the views of parishioners through parish and town councils, would be able to balance visitor growth with the needs of residents. That is very important for areas such as my constituency. In short, the amendment would empower local communities, strengthen democracy and make tourism strategies more effective and inclusive.
New clause 41, which was tabled by my hon. Friend the Member for Bath (Wera Hobhouse), would require the Secretary of State to review the idea of giving local authorities the power to introduce visitor levies in their areas. This is an important power for strategic authorities. Towns and cities across the country are proud of the role that they play in supporting the visitor economy, both domestic and international, but the system needs to be made fairer through a recognition of the costs, as well as the benefits, of such a high degree of tourism. The new clause would compel the Government to conduct a review into giving local authorities powers to introduce visitor levies.
Scotland introduced the Visitor Levy (Scotland) Act 2024, which gives councils direct powers to apply tourist taxes. Wales followed suit with the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025, and now Manchester and Liverpool have introduced a voluntary levy. Bournemouth, Christchurch and Poole has introduced a levy.
The hon. Member for Stratford-on-Avon is absolutely correct. This comes back to a serious point: many town and parish councils across England are already taking on more assets that form an integral part of the stated aims of clause 40. I will give the Committee a brief example. In my constituency, we have Royal Victoria country park, and a proposal is being looked at to abolish the county council and have it go into a strategic authority. However, proposals are actively being considered to transfer Itchen Valley country park, which is managed by Eastleigh borough council, to the local town and parish council. Those country parks have a large number of businesses, conference centres and other things that would directly help a mayor to sell our great region and attract people into it. The circumstances are the same across the country in many regions, which will be left out of consultation.
“with town and parish councils”.
That could be through their associations and through clusters of town and parish councils, such as the DAPTC.
I do not understand the constant fear about consulting town and parish councils. That is particularly the case—I say this with all due respect and with realism about the situation out there in the country—given the stated aims of the Government and the situation in local government, where, without a manifesto promise, districts and county councils are being abolished and there is a rush to transfer assets to town and parish councils. They are taking on mainstream responsibilities because of what the Bill will do. Whether we are talking about local growth plans or attracting visitors, many will miss out on having a visitor strategy that is worth the paper it is written on.
We are now discussing several authorities that already have the responsibilities. This legislation was drafted at a point from which we have moved on, and it puts unintended consequences before local authorities. I ask the Minister, in the spirit of constructive debate, to go away and properly look at how town and parish councils can be consulted. They are doing a lot more than the Minister or the Government Back Benchers who have spoken this afternoon realise.
Amendment 358 and new clause 41 touch on something that has been a constant theme throughout the debate. I understand the aims behind the provisions, and I understand opposition parties’ desire to have regard to town and parish councils. I come back to the fact that we have agreed that town and parish councils have an important role. They are important local partners, and we expect authorities to work with them where appropriate.
However, we do not believe that it is proportionate or right to put that in the Bill as a legal requirement. We trust authorities to decide how best to engage with their local partners, including town and parish councils, based on what is right and appropriate for their areas. Requiring formal consultation and reporting could, as my hon. Friends the Members for Banbury and for Camborne and Redruth have so eloquently said, create unnecessary administrative pressure, burden and resources at a time when we want these strategic authorities to be focused on delivery. Of course we want to encourage collaboration, but not to prescribe it. Engagement should be flexible. It should not be dictated by central Government or indeed this Committee; it should be left to mayors and strategic authorities who know their patch and their partners best.
I recognise the type of levy that new clause 41 would introduce, and I recognise that it is supported by local authorities and mayors. The Government keep all tax policy under review, and any changes to tax policy will be announced at a fiscal event in the normal way. I do not believe that the Chancellor would be very pleased with me if I were to make tax policy now in this great Committee.
Question put, That the amendment be made.
Clause 41
Co-operation with local government pension scheme managers
Question proposed, That the clause stand part of the Bill.
Although some combined authorities already maintain productive relationships with their local government pension scheme funds, clause 41 ensures that that collaborative approach becomes standard practice, embedding local government pension scheme engagement into local investment planning. That will not be a one-way responsibility. The Pension Schemes Bill introduces a corresponding duty on local government pension scheme funds to work collaboratively with their strategic authorities. Those reciprocal requirements are designed to foster key partnerships between the two parties to unlock investment in local growth and deliver benefits to communities across the country.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42
Miscellaneous local authority functions
Question proposed, That the clause stand part of the Bill.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Schedule 20
Miscellaneous local authority functions
“, a combined authority and a combined county authority”.
This removes the reference to combined authorities and combined county authorities inserted into section 113(5) of the Local Government Act 1972 as these bodies are already included in the definition of “local authority” under section 146A(1) of that Act.
This is a minor and technical amendment to prevent duplication in legislation.
Amendment 197 agreed to.
Schedule 20, as amended, agreed to.
Clause 43
Health improvement and health inequalities duty
“(2A) The Secretary of State has a duty to ensure that a combined authority has sufficient financial resources and adequate administrative support the duties in subsections (1) and (2).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a combined authority insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of combined authorities with regard to reducing health inequalities in their areas.
“(2A) The Secretary of State has a duty to ensure that a CCA has sufficient financial resources and adequate administrative support to have regard to the needs described in subsection (1).
(2B) In discharging the duty under subsection (2A), the Secretary of State must regularly review the financial and administrative needs of a CCA insofar as they relate to the needs described in subsection (1).”
This amendment would require the Secretary of State to review the financial and administrative needs of CCAs with regard to reducing health inequalities in their areas.
Amendment, by leave, withdrawn.
This amendment is linked to Amendment 263 which would ensure that the health improvement and health inequalities duty focuses explicitly on tackling poverty and socio-economic inequality, rather than using the broader term “prosperity”.
This amendment is linked to Amendment 262 which would ensure that the health improvement and health inequalities duty focuses explicitly on tackling poverty and socio-economic inequality, rather than using the broader term “prosperity”.
Although the health improvement and health inequalities duty is very good, the determinants of health outlined in clause 43 are limited and lacking in consideration for the impacts on health from a wide range of activities that these new authorities will be able to influence. My amendments aim to fix that. It is positive that the Opposition parties all immediately spotted the need for improvement to this clause, and that both Liberal Democrat colleagues and I have aimed to fix it, albeit in different ways.
Amendments 262 and 263 would replace references to “prosperity” with “poverty and socio-economic inequality” in the clause. They would make clearer what causes and exacerbates ill health. I do not believe that “prosperity” on its own is sufficient. I will not repeat all my earlier arguments, but there is much supporting evidence for this from a range of organisations, including the Centre for Local Economic Strategies, the Reclaiming our Regional Economies programme, and the all-party parliamentary group on poverty and inequality, which I co-chair. This is just one of the ways that the Bill can make improvements, by focusing on reducing inequality and not simply creating growth within these new strategic authorities. I hope that the Government will accept my changes.
There is a gradient across society for the determinants of health inequality, and my concern is that if we were to replace “prosperity” with poverty and inequality, we would cast the definition too narrowly. The broader “prosperity” definition captures poverty and social inequality, but it also captures other critical factors. Although we absolutely agree with the intent, we have tried to craft the legislation in a way that is broad and permissive, but that critically draws on the experience and track record of the Greater London Authority. With those reassurances, I hope the hon. Lady will consider withdrawing her amendment.
Amendment, by leave, withdrawn.
“(e) access to green space and nature,
(f) exposure to environmental harms, including air pollution, water pollution, land pollution, and any other form of environmental pollution,”.
This amendment would expand the list of general health determinants for the purposes of the new health improvement and health inequalities duty as it applies to CCAs, so it includes access to green space; and exposure to environmental harm.
Amendment 253, in clause 43, page 44, line 29, at end insert—
“(e) nitrogen dioxide level and general air quality,”.
This amendment would include air quality as a general health determinant which combined authorities must consider in their duty to reduce health inequalities.
Amendment 258, in clause 43, page 44, line 32, at end insert—
“(5A) In subsection (5)(e), the reference to ‘green space and nature’ includes—
(a) any multifunctional green and blue space, and
(b) any urban or rural natural feature
that is considered to deliver any environmental, economic, health and wellbeing benefits for communities and nature.”
This amendment is consequential on Amendment 257 and describes “green space and nature” for the purpose of this section.
Amendment 259, in clause 43, page 45, line 25, at end insert—
“(e) access to green space and nature,
(f) exposure to environmental harms, including air pollution, water pollution, land pollution, and any other form of environmental pollution,”.
This amendment would expand the list of general health determinants for the purposes of the new health improvement and health inequalities duty as it applies to CCAs, so it includes access to green space; and exposure to environmental harm.
Amendment 254, in clause 43, page 45, line 25, at end insert—
“(e) nitrogen dioxide level and general air quality,”.
This amendment would include air quality as a general health determinant which CCAs must consider in their duty to reduce health inequalities.
Amendment 260, in clause 43, page 45, line 29, at end insert—
“(5A) In subsection (5)(e), the reference to “green space and nature” includes—
(a) any multifunctional green and blue space, and
(b) any urban or rural natural feature
that is considered to deliver any environmental, economic, health and wellbeing benefits for communities and nature.”
This amendment is consequential on Amendment 254 and describes “green space and nature” for the purpose of this section.
My amendments 257, 258, 259 and 260 would all add access to green space and nature and environmental pollution to the list of potential determinants of health. They would also define the terms “green space and nature” in the Bill, in terms of green and blue space, as well as natural features in general that deliver benefits in health and wellbeing. The amendments would not necessarily expand the defined scope of the new health improvement and health inequalities duty as it applies to combined authorities, but they would add clarity and support to strategic authorities that recognise the importance of those health determinants.
My amendments would add what I would argue are some inarguable determinants of health that are particularly connected to economic and trade activity, transport and land use, and so on. They would add air pollution, water pollution, contaminated land and any other forms of environmental pollution, as well as any that capitalism might invent and disperse in the environment in future. They are broad and helpful amendments.
The amendments seek to strengthen the Bill’s provisions by explicitly recognising exposure to environmental harms as a general health determinant. They make it clear that the conditions in which people live—the air they breathe, the green spaces they access and the pollution they are exposed to—are fundamental drivers of health outcomes. I cannot see why currently the Bill completely omits environmental factors from its list of health determinants, despite overwhelming evidence that air pollution and green space profoundly affect health. The Minister commented in response to the previous amendment that the list is intended not to be exhaustive but to be broad enough, but in this case, by not including the environment at all, it is very much not broad enough.
I have been working with the Healthy Air Coalition and the Wildlife and Countryside Link on the amendments, and there is so much evidence that makes it clear that, on the environment and health, the Government have left important gaps that we should fill today. I will be pressing the amendments to a vote today. The 2022 chief medical officer’s annual report was, I think, the first to highlight the link between health inequalities and poor air quality. According to the report:
“Studies of hospital admissions and mortality show increased health risks associated with exposure to air pollution among those living in areas of higher socio-economic deprivation.”
According to Asthma + Lung UK, people with lung conditions in the poorest neighbourhoods are seven times more likely to die from a lung condition than those in the richest areas.
It was my honour earlier this year to present the Clean Air (Human Rights) Bill, alongside colleagues from across parties in the House. That Bill is also named Ella’s law, after Ella Adoo-Kissi-Debrah, whose death from asthma at age nine has helped to prompt a sea change in how we view the impact of air pollution on health and its close links to inequality. My Green colleagues in the other place are now working towards Zane’s law with the parents of Zane Gbangbola, who died at age seven when hydrogen cyanide was carried into his home by floodwater from a contaminated landfill site. It would have been Zane’s 19th birthday today.
Including environmental harms in the list of health determinants would honour the goals of Ella’s law and Zane’s law. It would recognise that lives can be profoundly affected and even ended by environmental pollution and the harm it brings. My amendments would ensure that combined authorities embed both the prevention of environmental harm and the protection and enhancement of natural infrastructure at the heart of their work on health inequality.
Even in their own terms, the amendments are fully aligned with the Bill’s wider objective of providing greater local prosperity, better public services and improved wellbeing. In brief, access to nature will deliver directly on all three by boosting productivity and skills through improvements to mental and physical health, by reducing NHS costs—if everyone had good access to green space, the estimated savings would be over £2 billion a year—and by attracting investment and supporting regeneration through high-quality environments.
The amendments would play a big part in ensuring that combined authorities take into account the well-established relationship between the environment and public health inequalities when exercising their other functions too, particularly in transport, housing, planning and regeneration. Strategic authorities are uniquely placed to consider risks from pollution and to plan at the landscape scale for natural benefits, connecting parks, rivers, floodplains and urban trees across boundaries. The amendments would provide a framework for joined-up, place-based decision making and good, popular place making—the kind of integrated governance that devolution is supposed to achieve. Embedding these goals on health inequalities into statute would also help to prevent local disparities, ensuring that clean air, water and land, and access to nature is a universal right, not a postcode lottery.
In conclusion, recognising that access to green space and exposure to environmental harms are core health determinants is essential to tackling inequalities that persist across England. Devolution is about empowering local areas to act. These amendments would empower them to tackle the root causes of poor health, not just the symptoms. The Government should take them up, and today I will be pressing them to do so.
We have heard a moving speech by the hon. Member for Brighton Pavilion. We know that nitrogen dioxide pollution and poor general air quality are major contributors to respiratory and cardiovascular disease, and they disproportionately affect vulnerable communities. Including air quality as a health determinant would protect the most vulnerable. As we have heard, poor air quality causes thousands of premature deaths every year and leaves many others with chronic illnesses, but these are preventable. We also know that pollution hits deprived communities and those near busy roads or industrial estates the hardest, yet without action, their voices will be ignored. By explicitly including air quality, we can create healthier communities, which will translate into fewer hospital visits and a better quality of life for everyone.
By explicitly including air quality in the duty of combined county authorities and combined authorities to reduce health inequalities, amendments 253 and 254 would ensure that environmental factors are considered alongside social and economic ones. They also would encourage authorities to make evidence-based decisions across transport and planning, and also about the siting of heavy industry in an area, so we would like to hear the Minister’s views and assurances on these important issues.
Equally, we recognise the importance of environmental factors beyond air quality to people’s health. The scope of the general health determinants in the Bill has intentionally been crafted broadly. Some examples are given, but it is not our intention to set out a definitive list, as we think that would be too constraining. Combined authorities and combined county authorities remain the experts in their local areas. They will understand how air quality or environmental issues are impacting on their local communities, and they are best placed to decide how to consider general health determinants to deliver for their communities.
We as a Government are committed to the enhancement and protection of our environment. It is the Government’s intention to publish a revised environment improvement plan to protect and restore our natural environment with delivery information to help to meet the ambitious Environment Act 2021 targets. This will help us to restore our natural environment, improve environmental quality, create a circular economy, protect environmental security and improve people’s access to nature. That is something we want to hardwire into what the Government are doing and what we are seeing at all levels of government.
However, I come back to the point that it is important to cast this as broadly as we can, to allow constituent strategic authorities and mayors to establish the determinants that are most pertinent in their areas. While I have sympathy with and support the intent behind the amendments, there is enough provision in the Bill as drafted to ensure that what strategic authorities are doing is aligned with a host of national and local requirements already in place to drive health equality and improvements in the environment.
Question put, That the amendment be made.
Question put, That the amendment be made.
“107ZC Health and Wellbeing in All Policies Strategy
(1) A combined authority must prepare and publish a Health and Wellbeing in All Policies Strategy setting out how it will meet the duty under section 107ZB.
(2) In preparing the strategy, an authority must consult with such bodies it considers relevant, including but not limited to—
(a) directors of public health within the authority area;
(b) Integrated Care Boards within the authority area;
(c) NHS bodies providing services in the authority area;
(d) representatives of the voluntary, community and social enterprise sector in the authority area; and
(e) the Equalities and Human Rights Commission.
(3) The strategy must—
(a) include an assessment of the health and wellbeing impacts of all strategic authority policies and programmes;
(b) seek to reduce inequalities with locally appropriate targets, set for—
(i) the end of a 10-year period beginning on the day on which the strategy is published,
(ii) regular periods during the period to which the 10-year target applies, as the combined authority deems appropriate (“interim targets”);
(c) consider the findings of any consultations conducted by the authority in relation to the strategy; and
(d) set out the reasons why the proposed strategy has been adopted.
(4) 10-year targets under sub-paragraph (3)(a)(i) must include consideration of—
(a) life expectancy,
(b) healthy life expectancy,
(c) infant mortality rate,
(d) rates of obesity and overweight,
(e) rates of anxiety and depression, and
(f) suicide rates
within the authority area.
(5) Interim targets under sub-paragraph (3)(a)(ii) should include consideration of—
(a) household relative poverty rates,
(b) employment rates,
(c) relative child poverty rates,
(d) educational attainment rates defined as five or more GCSEs at grades A*-C,
(e) the proportion of people in the authority area meeting recommended physical activity levels, and
(f) the proportion of people in the authority consuming five or more fruit and vegetables per day.
(6) A combined authority must publish a report on its progress implementing the strategy and towards the targets set out under paragraph (3)(b).
(7) A report under subsection (6) must—
(a) be published one year after the day on which the strategy is published, and every year thereafter,
(b) be presented by the Mayor of the authority at the authority’s annual general meeting, and
(c) be made publicly available.”
This amendment requires mayoral authorities to develop a Health and Wellbeing in All Policies Strategy.
“24B Health and Wellbeing in All Policies Strategy
(1) A CCA must prepare and publish a Health and Wellbeing in All Policies Strategy setting out how it will meet the duty under section 24A.
(2) In preparing the strategy, a CCA must consult with such bodies it considers relevant, including but not limited to—
(a) directors of public health within the CCA’s area;
(b) Integrated Care Boards within the CCA’s area;
(c) NHS bodies providing services in the CCA’s area;
(d) representatives of the voluntary, community and social enterprise sector in the CCA’s area;
(e) the Equalities and Human Rights Commission.
(3) The strategy must—
(a) include an assessment of the health and wellbeing impacts of all strategic authority policies and programmes;
(b) seek to reduce inequalities with locally appropriate targets, set for—
(i) the end of a 10-year period beginning on the day on which the strategy is published,
(ii) regular periods during the period to which the 10-year target applies, as the combined authority deems appropriate (“interim targets”);
(c) consider the findings of any consultations conducted by the authority in relation to the strategy;
(d) set out the reasons why the proposed strategy has been adopted.
(4) 10-year targets under sub-paragraph (3)(a)(i) must include consideration of—
(a) life expectancy,
(b) healthy life expectancy,
(c) infant mortality rate,
(d) rates of obesity and overweight,
(e) rates of anxiety and depression, and
(f) suicide rates
within the authority area.
(5) Interim targets under sub-paragraph (3)(a)(ii) should include consideration of—
(a) household relative poverty rates,
(b) employment rates,
(c) relative child poverty rates,
(d) educational attainment rates defined as five or more GCSEs at grades A*-C,
(e) the proportion of people in the authority area meeting recommended physical activity levels, and
(f) the proportion of people in the authority consuming five or more fruit and vegetables per day.
(6) A combined authority must publish a report on its progress implementing the strategy and towards the targets set out under paragraph (3)(b).
(7) A report under subsection (6) must—
(a) be published one year after the day on which the strategy is published, and every year thereafter,
(b) be presented by the Mayor of the authority at the authority’s annual general meeting, and
(c) be made publicly available.”
This amendment requires CCAs to develop a Health and Wellbeing in All Policies Strategy.
The Government have committed to halving the gap in healthy life expectancy between the richest and poorest regions of England, but that cannot be achieved without concerted action from the strategic authorities. Good population health is the foundation of a thriving economy. The Government have committed to halving the gap, and amendments 255 and 256 would go further than the Bill does currently to achieve that, simply by requiring mayors and strategic authorities to have regard to health through adoption of a health and wellbeing in all policies strategy document. The amendments would also require consultation with relevant entities and create accountability through targets and metrics. I commend the amendment to the Committee.
Amendment, by leave, withdrawn.
Amendment proposed: 259, in clause 43, page 45, line 25, at end insert—
“(e) access to green space and nature,
(f) exposure to environmental harms, including air pollution, water pollution, land pollution, and any other form of environmental pollution,”.—(Siân Berry.)
This amendment would expand the list of general health determinants for the purposes of the new health improvement and health inequalities duty as it applies to CCAs, so it includes access to green space; and exposure to environmental harm.
Question put, That the amendment be made.
Question put, That the amendment be made.
Clause 43 ordered to stand part of the Bill.
“The Secretary of State may by regulations require that”.
This amendment would ensure the powers for mayors to exercise Police and Crime Commissioner (PCC) functions across 2 or more areas must be approved by Parliament.
Amendment 22, in clause 44, page 46, line 6, at end insert—
“(1B) Regulations under section 107F and 107FA are subject to the affirmative procedure”.
See explanatory statement for Amendment 21.
Amendment 23, in clause 45, page 50, line 25, at end insert—
“(c) a statutory instrument containing a draft of any such order has been laid before, and approved by, each House of Parliament.”
This amendment would ensure that regulations made by the Secretary of State to alter the size of PCC areas when transferring powers of PCCs to strategic authorities receive parliamentary scrutiny.
I am upset that established authorities in several areas have already taken on those roles, but many of the strategic mayoral authorities are brand-new organisations that will potentially be taking on functions way beyond their scope. They will also potentially be taking on police and crime functions that run across completely different policing and crime areas with different strategies and ways of working in terms of police and crime panels and their scrutiny. We believe that to do that through the proposed process will produce a rushed system. I commend the Minister for her decisiveness, but sometimes it is better to pause and take a slower approach to bringing together those organisations, rather than rush the process.
We are already seeing huge changes to our integrated care boards, with many being abolished. Rather than alignment, we see some coming together for financial reasons or for convenience. There is a real risk that trying to do all of that in harmony ends up not with the right outcomes but ones that suit the creation of a very simplistic jigsaw. Most of the mayors will be taking on roles that they have never performed before. We feel that it is time to pause, slow the pace and ensure that this has more parliamentary oversight.
Amendment, by leave, withdrawn
On resuming—
This would correct the reference in the second sentence of new section 107FA(4).
Amendment 198 agreed to.
Amendments made: 199, in clause 44, page 46, line 36, leave out—
“mayoral combined authority or mayoral CCA”
and insert “combined authority”.
This would correct an inconsistency.
Amendment 202, in clause 44, page 47, line 8, leave out from “there” to the end of line 11 and insert—
“is a separate component in respect of the mayor’s PCC functions,”.
This amendment is consequential on Amendment 77.
Amendment 200, in clause 44, page 47, line 34, leave out “mayoral”.
This would correct an inconsistency.
Amendment 201, in clause 44, page 48, line 8, leave out “mayoral”.
This would correct an inconsistency.
Amendment 203, in clause 44, page 48, line 19, leave out from “there” to the end of line 22 and insert—
“is a separate component in respect of the mayor’s PCC functions,”.
This amendment is consequential on Amendment 80.
Amendment 204, in clause 44, page 48, line 36, leave out paragraphs (a) to (c) and insert—
“(a) paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
(b) paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and
(c) paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),”.—(Miatta Fahnbulleh.)
This would remove the unnecessary word “after” from paragraphs (a) to (c), insert references to the relevant Schedules to the Orders, and correct the citation of the South Yorkshire Order.
Question proposed, That the clause, as amended, stand part of the Bill.
Mayors who have police and crime commissioner functions will be required to appoint a deputy mayor for policing and crime. That will ensure that the mayor has sufficient capacity to discharge their functions, while ensuring there is dedicated oversight of policing on a day-to-day basis. The clause provides for a mayor to exercise police and crime commissioner functions for either a single police force, or more than one force when the boundaries of those forces align with the mayoral area when taken together.
We also welcome the creation of the deputy mayor for police and crime. Given the responsibilities outlined in other sections of the Bill, the mayor will quite rightly have many and multifaceted responsibilities. It is therefore perfectly reasonable to provide in statute for a deputy mayor specifically to cover the police and crime powers of the mayoralty. That will ensure that policing and crime is looked at as a top priority for the residents they serve. We welcome this sensible section of the legislation, and will not seek to oppose it.
Where we disagree is that we do not believe that a police and crime commissioner should be an appointment of the mayor. We think that they should be held accountable to boards of councillors within councils, as was formerly the policy of the Labour party. Quite straightforwardly, the amendment would remove the provision allowing the mayor to appoint a person to manage policing and crime. We do not actually believe that this should be a mayoral appointment; it should be down to the elected persons of the area.
Question put and agreed to.
Clause 44, as amended, accordingly ordered to stand part of the Bill.
Clause 45
PCCs and police areas
Question proposed, That the clause stand part of the Bill.
Government amendments 205 and 206.
Amendment 26, in schedule 21, page 209, leave out lines 25 to 31.
This amendment would remove the provision to allow mayors to appoint a person to manage policing and crime for their area.
Government amendments 207 and 208.
Government amendments 205 and 206 amend new schedule 10A of the Police Reform and Social Responsibility Act 2011, which sets out how mayors with police and crime commissioner functions are to exercise those functions. These amendments critically serve to preserve a core aspect of the PCC model: to have a directly elected individual with clear responsibility for scrutinising local policing within each area. Government amendment 205 simply clarifies that “the Area” refers to police areas, where these functions are exercised in two or more police areas.
Finally, on amendment 26, mayors being responsible for their local police force enhances their broader ability to bring about local change. Mayors sit across a range of different policy areas and budgets, meaning that they can promote collaboration across services, such as health, employment, support and housing, which will better support crime prevention. The deputy mayor for policing and crime will support the mayor in holding their force to account, act as a voice of the victims and engage with communities and criminal justice partners. It is a full-time role that will provide the mayor with the necessary dedicated resources to oversee policing on a day-to-day basis.
I talked about amendment 26 by mistake, but no doubt the Liberal Democrats will discuss it, and I will respond to their comments.
I wish to touch on amendment 26, tabled by the hon. Member for Mid Dorset and North Poole. In order to dispel the myth, for the hon. Members for Banbury and for Camborne and Redruth, that there is a coalition going on, this is where unfortunately the coalition comes to an end. Amendment 26 is not pragmatic or sensible. It would essentially remove the mayor’s power to appoint a deputy mayor to a day-to-day role for policing. The amendment would be bad for the legislation because, as I outlined in relation to the previous clause—and as we on the Conservative Benches agree—the mayoralty is a multifaceted role, and a role that is accountable to the public. In many previous sittings of the Committee, we have outlined that there has to be that democratic accountability. That is given in this legislation by a mayor appointing a deputy mayor for policing who is accountable to the public, but also accountable to the mayor who is accountable to the public.
I understand the Liberal Democrats’ longstanding view that PCCs should not exist. We fundamentally disagree with that. We think PCCs are one of the better solutions of the coalition Government. We believe that policing is a public priority and that the public should have a say in the way in which their police forces are run. I am not sure whether opposition to PCCs is a widely held view within the Liberal Democrats. Indeed, the Liberal Democrat candidate for Hamble Valley, who stood against me, also stood for the PCC election for Hampshire and the Isle of Wight, and put himself forward for election as Mayor of Hampshire and the Solent.
The proposed Cheshire and Warrington combined authority will cover the remainder of Cheshire—Cheshire West and Chester, Cheshire East and Warrington—and is not coterminous with Cheshire police, which covers all of Cheshire and includes Halton, as does Cheshire fire and rescue. This measure will therefore allow the Home Secretary to change the police boundaries, and there are significant concerns within Cheshire police that, were this to go ahead, their viability would be at risk, as well as practical concerns about the location of the custody suite.
This power already exists regarding fire and rescue services, but, under the Fire and Rescue Services Act 2004, the Secretary of State is required to consider whether the order is in the interests of public safety before it is made. That test is not included in this Bill. In her summing up, could the Minister provide some reassurance that this power will not be exercised in Cheshire’s case without due consideration of that public safety factor, as well as significant consultation with local stakeholders to make sure that any future alignment is right for Cheshire?
It is worth noting on amendment 26 that the Association of Police and Crime Commissioners and the deputy mayors for policing and crime are supportive of this measure. Deputy mayors for policing and crime are already making a difference in areas such as West Yorkshire and Greater Manchester. They are driving through improvements in their local police forces, fostering collaboration and doing the role that we absolutely need them to do.
On my hon. Friend the Member for Mid Cheshire’s important point, because we are not working from a blank piece of paper, and because there are complexities around the boundaries, we are trying to be sympathetic, sensitive and mindful. Obviously, the strategic intent of Government is to ensure that, when there is a transfer of police and crime commissioner functions, that is not to the detriment of the functions on the ground, because we absolutely need those to hold out. We are therefore having specific conversations with Cheshire and Warrington, and the local leaders in that area have raised the specifics of the PCC function. We will work with them to come to the best solution and resolution—one that has no detriment to the constituent authorities involved.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Schedule 21
Functions of police and crime commissioners
Amendments made: 205, in schedule 21, page 206, line 9, after second “the” insert “police”.
This clarifies that “the Area” means a police area. This amendment is connected with amendment 206, which deals with the case where a mayor exercises PCC functions in relation to two or more police areas.
Amendment 206, in schedule 21, page 206, line 11, after “commissioner” insert—
“; and, in a case where a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023), this Schedule applies separately in relation to each of those police areas and ‘the Area’ is to be read accordingly”.
This clarifies that where a mayor exercises PCC functions in relation to two or more police areas that together make up the area of the combined authority or CCA, “the Area” here means each of the police areas (rather than the area of the combined authority or CCA).
Amendment 207, in schedule 21, page 209, line 41, at end insert—
“(j) a person who is the deputy mayor for policing and crime for a different police area.”
This would prevent a deputy mayor for policing and crime for one police area from being appointed as the deputy mayor for policing and crime for a different police area.
Amendment 208, in schedule 21, page 213, line 4, after “if” insert “—
‘(a) after subsection (1) there were inserted—
“(1ZA) If a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA(4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A(4) of the Levelling-up and Regeneration Act 2023)—
(a) subsection (1)(b) does not apply; but
(b) a person is disqualified from being elected to the office of police and crime commissioner for any of those police areas at any election unless, on each relevant day, the person is a local government elector in at least one of those police areas;
and for that purpose a person is ‘a local government elector in’ a police area if the person is registered in the register of local government electors for an electoral area in respect of an address in that police area.”;
(b)’”—(Miatta Fahnbulleh.)
This provides that, where a mayor is to exercise PCC functions in relation to two or more police areas that together make up the area of the combined authority or CCA, a candidate is disqualified only if the person is not on the electoral register in any of those areas.
Question proposed, That the schedule, as amended, be the Twenty First schedule to the Bill.
I beg to move that this schedule stand part of the Bill.
Question put and agreed to.
Schedule 21, as amended, accordingly agreed to.
Clause 46
Functions of fire and rescue authorities
“the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1);
(g) a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State—
(i) specifies that part of its area, and
(ii) designates it as the fire and rescue authority for that part of its area,
in accordance with section 1A(2) and (3).”
This would enable the Secretary of State to provide for a mayoral combined authority or CCA to be the fire and rescue authority for its area or part of its area. Amendment 212 makes further provision about these powers.
These amendments strengthen the fire and rescue provision in clause 46. They give the Secretary of State the power to designate strategic authorities as fire and rescue authorities. They also ensure that where strategic authorities cover more than one fire and rescue area, they take on responsibility for all fire and rescue authorities in their area.
Collectively, these amendments provide consistency and prevent fragmentation of governance, by requiring mayors to cover all fire and rescue authority areas within their boundaries, creating stronger accountability across local areas.
Amendment 209 agreed to.
Amendments made: 210, in clause 46, page 51, line 17, leave out from “for” to second “a” and insert—
“an area by virtue of subsection (2)(f) or (g),”.
This is consequential on Amendment 209.
Amendment 211, in clause 46, page 51, line 23, after “the” insert “combined authority or”.
This corrects an omission.
Amendment 212, in clause 46, page 51, line 25, leave out from beginning to end of line 37 on page 52 and insert—
““1A Designation of mayoral combined authorities and mayoral CCAs
(1) The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.
(2) The Secretary of State may—
(a) by order specify a part of the area of a mayoral combined authority or mayoral CCA, and
(b) by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.
(3) But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—
(a) two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;
(b) the relevant mayoral authority is designated as the fire and rescue authority for each specified part;
(c) all of those designations come into effect at the same time.
(4) Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—
(a) there are separate fire and rescue authorities for each area specified under subsection (2)(a);
(b) the fire and rescue authority for each of those areas is the relevant mayoral authority.
(5) The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.
(6) An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—
(a) section 1A(2) area,
(b) section 2 combined area, or
(c) section 4 combined area.
(7) The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.
(8) An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—
(a) a metropolitan county fire and rescue authority,
(b) a combined fire and rescue authority constituted by a scheme under section 2, or
(c) a combined fire and rescue authority constituted by a scheme to which section 4 applies.
(9) The provision that may be made by regulations under section 52 of the English Devolution and Community Empowerment Act 2025 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—
(a) provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable),
(b) provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;
(c) provision about who is to scrutinise the exercise of those functions;
(d) any other incidental, consequential, transitional, transitory or supplementary provision.
(10) In this section—
“section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time);
“section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);
“section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time);
“shadow period” , in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which—
(a) ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and
(b) is no longer than one year.””
This would make further provision about the Secretary of State’s power to provide for a mayoral combined authority or CCA to be the fire and rescue authority (see Amendment 209). In particular, subsection (3) would ensure that, where the area of a mayoral combined authority or CCA is to consist of several fire and rescue areas, it must be the fire and rescue authority for all of those areas.
Amendment 213, in clause 46, page 52, line 40, leave out from beginning to end of line 9 on page 53.—(Miatta Fahnbulleh.)
This would be consequential on Amendment 209.
“(7) Regulations made under this section are subject to the affirmative procedure.”
This amendment would ensure that regulations made by the Secretary of State regarding the functions of fire and rescue authorities receive parliamentary scrutiny.
I am troubled that the Bill rolls fire and rescue services into the role of a mayor. That may be a great idea; in some cases, I know that fire and rescue services have come together with police and crime. However, the amount of attention that this Bill gives to fire and rescue, and indeed the comment made last week when I asked questions about the precepting and the funding of fire, which suggested that it was outwith the scope of this Bill, makes it feel as though fire and rescue are an afterthought. It feels as though the work of the fire and rescue services is not being given enough attention and that there has not been real thought about how they can best be delivered.
Fire and rescue authorities around the country are doing a really good job in supporting our services, often on tiny precepts, and in dealing with big, and changing issues. Wildfires around my Mid Dorset and North Poole constituency have been horrific this year, and we have just put in for Bellwin funding. The proportion of energy that is used in dealing with fires that are usually human-caused and flooding, which is also related to climate resilience, has gone through the roof.
To add fire and rescue services in as a couple of pages in a large Bill feels inadequate, which is why we are looking to ensure that regulations made under clause 46 are subject to the affirmative procedure, and why we are seeking more parliamentary scrutiny and energy around bringing in the fire and rescue services, particularly where they do not align.
My area is likely to be Wessex, if we get into the next round, and it will probably cover three different fire authorities. As well as having to get two or three different police authorities together, we will now have to get two or three different fire authorities from the police authorities. Adding the clause in at this stage is complicated, and sticking it in as two and a half pages of a Bill feels inadequate. Therefore, we ask that regulations made under the clause are subject to the affirmative procedure and receive suitable parliamentary scrutiny.
It is important that there is a timely transfer of these functions so that mayors can deliver joined-up services without lengthy procedural hurdles. Subject to clause 46 standing part of the Bill, Parliament would have already approved the principle of mayors exercising fire and rescue functions. This part of the Bill makes that transfer live and real. I hope the hon. Member for Mid Dorset and North Poole appreciates the care that we certainly have around the fire and rescue service and that there is much wider work going on outside the scope of the Bill about how we ensure those services are fit for purpose, and will therefore withdraw her amendment.
Question put, That the amendment be made.
Amendments made: 214, in schedule 22, page 229, line 15, leave out from “scheme” to end of line 17 and insert “—
Amendment 215, in schedule 22, page 229, line 20, leave out sub-paragraph (4).
Amendment 216, in schedule 22, page 229, line 26, leave out from beginning to end of line 8 on page 230.
Amendment 217, in schedule 22, page 230, line 11, leave out from beginning to end of line 14.
Amendment 218, in schedule 22, page 231, line 5, after “(f)” insert “or (g)”.
Amendment 219, in schedule 22, page 234, line 12, after “(f)” insert “or (g)”.—(Miatta Fahnbulleh.)
“LDEDCA 2009
1 (1) LDEDCA 2009 is amended in accordance with this paragraph.
(2) In section 107D (delegation of functions by the mayor), after subsection (3) insert—
‘(3A) Subsection (3) is subject to section 107DZA.’
(3) After section 107D insert—
‘107DZA Limitation on delegation of mayoral functions
(1) The mayor may not make an arrangement under section 107D(3)(a) or (b) for the exercise of any fire and rescue functions of the combined authority.
(2) The power to make an arrangement under section 107D(3)(ba) is subject to paragraph 7 of Schedule 5BA.
(3) In this section “fire and rescue functions of the combined authority” means—
(a) functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or
(b) functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.’
LURA 2023
2 (1) LURA 2023 is amended in accordance with this paragraph.
(2) In section 30 (functions of mayors: general), after subsection (3) insert—
‘(3A) Subsection (3) is subject to section 30A.’
(3) After section 30 insert—
‘30A Limitation on delegation of mayoral functions
(1) The mayor may not make an arrangement under section 30(3)(a) or (b) for the exercise of any fire and rescue functions of the CCA.
(2) The power to make an arrangement under section 30(3)(ba) is subject to paragraph 7 of Schedule 2A.
(3) In this section “fire and rescue functions of the CCA” means—
(a) functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19 (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or
(b) functions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.’”
In new sections 107DZA and 30A, subsection (1) would prevent the mayor from delegating fire and rescue functions to a deputy mayor or another member or officer of mayoral authority; and subsection (2) would replace wording in clause 9(2) and (5) (see Amendment 68 and Amendment 69).
As the Committee has previously discussed in the context of consequential amendments 68 and 69 to clause 9 of the Bill, Government amendment 220 ensures that responsibility for fire and rescue functions sits directly with the elected mayor. The mayor can delegate those powers only to the public safety commissioner and not to deputies or officers, which strengthens accountability. I commend the amendment to the Committee.
Amendment 220 agreed to.
Schedule 22, as amended, agreed to.
Clause 47
Mayor with PCC and fire and rescue functions
Question proposed, That the clause stand part of the Bill.
Question put and agreed to.
Clause 47 accordingly ordered to stand part of the Bill.
Clause 48
Sharing of information
Question proposed, That the clause stand part of the Bill.
Question put and agreed to.
Clause 48 accordingly ordered to stand part of the Bill.
“(3) Where a notification under subsection (1) is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given, give effect to the change or changes proposed by the mayor or mayors.
(4) Effect may be given under subsection (3) by means of regulations made by statutory instrument.
(5) A statutory instrument made under subsection (4) is —
(a) subject to the affirmative procedure if it—
(i) amends an Act of Parliament, or
(ii) confers or modifies a function which relates to an area of competence;
(b) where neither of the conditions in paragraph (a) apply, subject to the negative procedure.”
This amendment creates a statutory duty on the Secretary of State to seek parliamentary approval before implementing mayoral requests for greater powers over funding or legal changes.
Amendment 3, in clause 49, page 54, line 36, at end insert—
“(4) No decision under subsection (3) may be implemented unless—
(a) the Secretary of State has made regulations giving effect to the decision,
(b) a statutory instrument containing the regulations has been laid before and approved by both Houses of Parliament, and
(c) save as where provided for otherwise, regulations giving effect to any decision made under section are subject to the affirmative procedure.”
This amendment would require any decision of the Secretary of State following a request from a local authority to be implemented by statutory instrument subject to the affirmative procedure.
Clause stand part.
New clause 32—Devolution of further powers within strategic authority areas—
“(1) A strategic authority may—
(a) devolve to any local authority within its area any second-stage power;
(b) form bodies, and groups within its area to coordinate action needs, provided that any body or group includes representatives from all affected local areas.
(2) In carrying out any action under subsection (1), the strategic authority must consider whether any of its powers may be exercised at a more local level and, where it considers this to be the case, must act in such a way to enable such devolution.
(3) Within one year beginning on the day on which this section is commenced, a strategic authority must publish a plan setting out how it intends to carry out the duty under subsection (2) (a ‘community empowerment plan’).
(4) A strategic authority must review a community empowerment plan at least once during the period of four years starting on the day on which the plan is published.
(5) In carrying out any function under this section, a strategic authority must ensure effective collaboration with any local authority or body to which it has devolved powers.
(6) The Secretary of State may by regulations made by statutory instrument make further provision about the powers of a strategic authority in the event that the authority considers there to be a serious failure or breach of duty in relation to a power devolved to a more local level.
(7) Regulations made under this section are subject to the affirmative resolution procedure.”
New clause 33—Devolution of powers from non-departmental public bodies—
“A Strategic authority may request the transfer of duties and functions from Homes England, Highways England, and any other non-departmental public body as the Secretary of State may specify.”
New clause 53—Annual report on requests made under Section 49 of this Act—
“(1) Within one year beginning on the day on which section 49 is commenced, and each year thereafter, the Secretary of State must publish a report about notifications given under that section.
(2) Each report must summarise—
(a) the number and nature of notifications given by mayors;
(b) the Secretary of State’s decisions in relation to notifications, including the number and nature of—
(i) cases where the Secretary of State agrees, and
(ii) cases where the Secretary of State does not agree,
with the notification;
(c) any further legislative measures mayors have requested the Secretary of State takes to further enable mayors to make notifications to fulfil their objectives in areas of competence.”
This new clause would require the Secretary of State to publish an annual report summarising notifications made by Mayors for powers to be devolved and the Secretary of State’s responses and any requests by Mayors for the Secretary of State to take legislative steps to enable Mayors to adequately fulfil areas of competence.
Amendment 3 would place a statutory duty on the Secretary of State to seek Parliament’s approval through secondary legislation before implementing those requests. We do not believe that decisions around funding and changes of law should be made without that oversight and approval. It is hugely important to maintain the highest level of democracy; to remove that would be a missed opportunity. We therefore ask that the legislation should be protected from abuse whereby future Secretaries of State could implement requests without laying them before Parliament.
I support clause 49, which provides a way for mayors of strategic authorities to usefully request more powers, but the gap in the Bill highlights that we need the Government to make bolder policies in the areas of competence so that strategic authorities can request that they should be devolved to the lower levels. I will turn to the example of housing in a moment but, in general, it would be great to see strategic authorities working together to develop models of rent controls. As I understand it, however, because those powers do not currently exist centrally, strategic authorities cannot make requests for them under the clause. We need to be bolder at the centre to maximise the effectiveness of devolution on such issues.
If a Bill is not the right place to create a new power that is usable only in a local area, what is? Can the Minister explain why the Government have not taken the opportunity of the Bill to allow councils or new authorities to request those kinds of powers in areas where the Government do not currently act? It is on that principle that my hon. Friend the Member for Bristol Central (Carla Denyer) tabled new clause 53, which I will speak to now. It does not do what I just suggested, but it does allow for clear reporting of the conversations between mayors and the Government on the use of clause 49 powers. That includes where authorities have made requests for powers to be created and devolved to them, even when there is no existing national power to devolve.
If the Secretary of State’s goal is to make sure people take back control of their own destinies, it is only right that this power should be considered. Ministers need to pay serious attention to the full range of powers that mayors are already saying they need in order to make a material difference to people’s lives. As the Secretary of State for Housing said in his speech at the Labour party conference, communities have been held back because they do not have the power to make the changes they want. The new clause would at least help to keep track of the powers mayors are asking for under clause 49, as well as the additional powers they are telling Ministers to legislate for to enable them to do the best for their communities and, ultimately, to fulfil their areas of competence.
The new clause is not prescriptive as to which policies and areas need to be considered, but as I implied earlier the area of competence that inspired it is housing. That is because we are in an acute affordability and evictions crisis, and mayors have been calling for rent control powers from Ministers for some time. For example, in 2023, the Mayors of Manchester, Liverpool and London wrote to the then Secretary of State calling for a rent freeze, in order to immediately relieve the pressure on millions of people in the private rented sector in their areas. Recently, the Mayor of London said that the power to control rents was now at the top of his list in terms of devolution. His position follows many years of pressure and dialogue with politicians such as the Greens on the London Assembly—of which I used to be one—and with independent grassroots renters groups.
That is just one example of the kind of power that would be involved. Rent controls are something close to my heart, and we heard new figures today showing that 172,000 children are now in temporary accommodation in the UK. On average, people spend 36% of their income on rent—in my constituency, it is 42%. This is a classic policy for that issue.
The annual report the new clause requires would recognise the need for transparency over the discussions taking place about powers in the Bill—in the absence of the changes I have asked for in it—and also let us see what is going on in the conversations happening outside of the powers in the Bill.
New clauses 32 and 33 do what I just talked about and what clause 49 does, but at the level of the strategic authority. This is about the strategic authority having a duty to have a plan for devolving more of its powers and duties to smaller local authorities in its area. I recognise that the aims of devolution can often be in tension, particularly in terms of the balance between scale and geography. It is correct to have some powers at the level of combined authorities, so that they cover sufficiently large populations and enable authorities to exercise strategic policy making. But large authorities will not necessarily empower local people to address issues that are unique to their area; they might not represent the diversity of things going on around that area, and issues that people really care about in local communities might be better addressed using deeper local knowledge.
The new clauses do not prescribe a single model for this further local devolution. There is such diversity. We have discussed today the differences between coastal areas, rural areas, towns and larger urban areas. We have talked about areas with countryside and nature to protect, areas that need new investment, and areas with unique industries that could be developed locally.
I do not think that we should be prescriptive in our new clauses; we should just put in place a legal duty that makes some kind of move towards subsidiarity across the whole of English local government. Under the new clauses, the strategic authority would have a duty to set out how it would devolve its own responsibilities to the lowest possible level for effectiveness—including, where they exist, district, town and parish councils. I think that would be a really positive thing that would please most Opposition Members on the Committee. I hope that the Minister will take that onboard and come up with some way of codifying the need for the new strategic authorities to avoid becoming too centralised and to make a plan for listening and devolving powers down to the right level.
We are clear that devolution is a continuous process. Our intention in the Bill is therefore to create a framework to establish mayoral strategic authorities and empower them to deepen devolution. That is what the right to request, which we have been debating, does. Critically, the right to request will hardwire the process of continual extraction of power from the centre—from Whitehall and Westminster—to our local areas, which is why the clause is so important.
In my view, amendments 9 and 3 are too constraining, as not all mayoral requests will require a legal process in order to be implemented. For example, requests to change funding, or pilot schemes or partnerships, do not have any legal requirements and do not require legal clearance. My concern is that the amendments would make the process too onerous and bureaucratic and, critically, slow it down. Anyone involved in the devolution process knows that extracting power from Whitehall is slow and painful as it is. I would not want to add further hurdles to that process.
I appreciate the intent behind new clause 32, but similar mechanisms to those proposed in it already exist. Any combined authority or combined county authority can enter into a joint committee with another local authority and collaborate across boundaries to jointly discharge their powers. Also, the additional requirement proposed by the hon. Member for Brighton Pavilion for strategic authorities to publish a community empowerment plan may end up being too burdensome and, critically, risks conflating the roles of the strategic and the local authorities.
We are clear that we want to see double devolution, and that we want to extract power from Whitehall and make sure that it is pushed down to the strategic authority level, the local authority level and, critically, the community level for community empowerment. We will go on to talk about neighbourhood governance—we have talked about it before in debates. There is a vital role for local authorities to enable and enshrine that community empowerment and engagement, and there is a risk that we conflate the strategic economic role of the mayor and the combined authority with the critical enabling role of the local authority.
Earlier, Members across the Committee talked eloquently about the need for us to ensure that local authorities continue to have a vital role and are empowered. I would not want to take something that I think is a core competency of local authorities, which are well placed to drive that community engagement, and lift it from the local authority level to the strategic level.
Finally, on new clause 33, the Bill already provides adequate powers for strategic authorities to request and receive functions and duties from non-departmental public bodies. On clause 53 and the notion that the right to request should be made transparent, while the process is transparent, I think it is important that we create the space for mayors to have detailed policy conversations with the Secretary of State and with Secretaries of State across Departments, and that those conversations can be open, frank and sensitive. We do not want to create a process whereby we constrain mayors’ ability by publishing all the detail. The outcomes will be put in the public domain, but it is important that we create the space for mayors to undergo a policy process and that we allow an internal and private space for frank, robust policy conversations to happen in this context.
Amendment, by leave, withdrawn.
Clause 49 ordered to stand part of the Bill.
Clause 50
Powers to make regulations in relation to functions of strategic authorities and mayors
Question proposed, That the clause stand part of the Bill.
The devolution framework delivered by this Bill is the floor, not the ceiling, of our ambition for devolving real powers to local communities. That is why we are taking the power to add new functions to the framework, which will ensure that strategic authority mayors have the powers they need to deliver for local people. The Government will not be taking those decisions in isolation; any new functions added to the framework will be subject to votes in both Houses of Parliament and to consultations with the mayor, the constituent councils and the body currently holding those functions.
It is important that the governance arrangements within strategic authorities enable local leaders to make effective decisions to deliver for their people, so the Government are taking the power to modify governance arrangements where necessary. In some cases, the best way to bring about real, substantive devolution across the country will be to test it in one or two places first. The Bill therefore allows the Government to confer or modify functions on a pilot basis, which will enable local leaders to innovate in order to deliver the best outcomes for their citizens.
Question put and agreed to.
Clause 50 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Deirdre Costigan.)
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