English Devolution and Community Empowerment Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Thursday 29th January 2026 Grand Committee

[Lord John of Southwark (Lab)]

My Lords, this debate feels like getting the gang back together around this table. I declare my political interest as a former chair of London Councils and leader of Southwark Council. It is particularly nice to see so many colleagues from those days. I acknowledge the significance of the amendments tabled by the noble Lord, Lord Harris. They are useful and necessary, and the noble Baroness, Lady O’Neill, almost made the case for them during her speech. We have a very clunky system at the moment, in which London Councils makes decisions but cannot be the accountable body for them. Money has to be funnelled through the City of London or, as the noble Baroness, Lady O’Neill, referenced, during Covid the City of Westminster had to contract on our behalf for additional mortuary provision. London Councils, having made decisions about this, should be able to contract and receive money on its own behalf. These amendments do perhaps tidy things up but they are none the less very important.

I know that the Government are reluctant to embark on a widespread review of London government at this time, but there are three good reasons why we should consider very carefully the noble Baroness’s amendment. In response to the noble Lord, Lord Fuller, I should make it clear that I do not advocate a review of the 32 boroughs; my approach at this time would be to leave it alone because it works.

First, as others have mentioned, it is nearly 30 years since we properly reviewed London’s governance, which is a long time. Secondly, the London system is unique, again as others have referenced, but I do not think it is necessarily unique in a good way. Thirdly, and I think this important for the Government to consider, if they do review London governments there is an opportunity to make very real savings in how London government operates, and make it more efficient.

Why do I say that? First, we have no formal decision-making link at present, as the noble Lord, Lord Moylan, referenced, between the mayor and the boroughs. In stark contrast to all other combined authorities, there is no requirement for the mayor to have that link with the boroughs. Everything that happens is effectively dependent on the good will of the mayor at that time. While this has worked to date, that is not necessarily the best way of operating. The mayor and the boroughs are two entirely separate entities and, while their paths cross over, the mayor can make decisions that have a massive impact on the boroughs, from planning and housing targets to issues such as the Freedom Pass. I recall mayoral candidates making commitments about Freedom Pass which then had to be funded and administered by the boroughs. That is not a satisfactory way to progress.

Every government fund that is devolved to London has to be the subject of individual negotiation. That is not particularly sensible either. For instance, negotiations on how to agree and distribute proportions for the first round of the UK Shared Prosperity Fund took over six months to agree, because there was no formal structure in place for the mayor to work with the boroughs. For the second round, the Greater London Authority unilaterally changed the rules and proportions that had been agreed with London Councils. Again, that is a defect in the system of how London government currently works. Here is a real opportunity for us to look now at whether there could be a better model of how the mayor works with the boroughs. I have great sympathy for the amendment tabled by the noble Baroness, Lady O’Neill.

The second point I should reference is in relation to the London Assembly. I am nervous because obviously we have some great figures here from the London Assembly’s history, but we have to recognise that it is a body utterly divorced from the work of London’s boroughs. That is the reality. It operates in parallel to the boroughs. I cannot remember a single occasion when there was a joint meeting, for instance, between London’s leaders and the London Assembly. The assembly does some very good work—I do not knock the work of great figures such as the noble Lords, Lord Harris and Lord Tope, and the noble Baroness, Lady Pidgeon—but there is no crossover with the boroughs and no requirement for any. When we look at the future governance of London, there is an opportunity to consider the role and function of the assembly. Could that important scrutiny function that it delivers be met in a slightly different way?

While I recognise that the Government might not be keen on this review of London governance, there is an opportunity to look at these issues and I ask the Minister what reassurance she can give us today that the Government will force London to look at itself. I know that she thinks that the mayor and the London councils are having these conversations. I am not convinced that those conversations are happening in the way in which she would like them to be happening. What reassurance can she give us that those conversations will take place in earnest, because it is an important opportunity for London to review the way in which it governs itself?

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the Local Government Association. Other than that, I can declare only a very modest involvement in councils in London. I twice unsuccessfully ran for Camden Council in the days when the Green Party was in a different position from where we are today.

I first want to address Amendment 71 in the names of the noble Baroness, Lady Pidgeon, and the noble Lord, Lord Moylan. I entirely agree with the noble Lord’s simple cry, “Democracy now”. We have a London Assembly and it needs to be able to hold the mayor to account on spending much more strongly than it is able to now by nature of the constitutional arrangements. That is a clear and obvious step forward. It is no secret that the Green Party is no fan of the strong leader model. We believe that the more voices there are and the more input you have into decisions, the better. The London Assembly has been denied the input into the budget that it might have by those arrangements.

I respect the noble Lord, Lord Gascoigne, and agree with him on lots of things but in this case I do not. Scale is not an appropriate way in which to think about the size of London boroughs and how they are divided up. This is by title a community empowerment Bill. Different London boroughs have different community lives and demographics. I think of the fact that, for example, Barnet and Camden are in one territorial London Assembly member seat but they are two very different places. It is important that we have that representation. We are seeing significant under-representation in the rest of the country rather than too much representation in London.

I strongly support Amendments 182 and 183 in the names of the noble Lord, Lord Harris, and others. Local representatives in those boroughs need to be able to get together and work together. They do as much as they can, but that would be a simple step forward.

Finally, on the review of London’s governance model, I might be coming at that in Amendment 75 from a different direction from some others, but it is worth highlighting and celebrating the great work that the London Assembly does, even with the restrictions on its powers. We have not talked about what that is. I draw attention to a practical piece of work done by Caroline Russell, a London Assembly member, about the provision of public toilets in this city. A lot of people care about that very much. People do not regard it as an exciting political subject but when campaigning, listening to Londoners and hearing, particularly from disabled, disadvantaged Londoners and people with small children, one sees that that kind of step is important. It shows what the assembly does.

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[Lord Shipley (LD)]

My Lords, I agree with the noble Baroness, Lady Scott of Bybrook, that Amendment 93 is sensible and proportionate. If you are going to have an annual report, the modest additional reporting proposed in this amendment would, as she said, help us understand better the success of devolution.

I will speak to Amendments 94 and 197 in the name of my noble friend Lady Pinnock. It needs to be demonstrated clearly in the annual reporting whether the Secretary of State has been exercising powers under this Act without the consent of or contrary to decisions made by locally elected officials. It would be entirely reasonable and helpful, when we are asked to pass a Bill about devolution from Westminster, to know what the Secretary of State has actually done in the previous year.

On Amendment 197, we will touch on parish and town councils later, but there is a fundamental issue here. If we have a Bill called the English Devolution and Community Empowerment Bill, the Government should be reviewing and promoting parish and town councils, maximising their geographical coverage and making an annual report to Parliament as to what has been done. The danger with this Bill is that so much power is being concentrated. I tried last week to get greater devolution from the strategic authorities to existing local government and then through to existing town and parish councils, but the Government were not amenable. I hope that further progress will have been made on that by Report.

There are two other amendments in my name. Amendment 252 would require the Secretary of State to undertake a review of local and community banking powers. I am grateful for the briefing I received from the Royal Holloway positive money group and its advice on this amendment. This is about the terribly important issue of how devolution drives growth in practice. One of the Government’s objectives is to drive growth, but how do you do that if the resources are not there? This amendment would be central to the success of the Bill, because it addresses a core structural barrier that currently undermines devolution: the centralised control of credit creation.

The Bill seeks to devolve political authority and fiscal responsibility, and it talks about community power, but I do not think that that will be fully realised without devolving financial capacity—that is, the creation of local, community and publicly owned banks. This amendment would ensure that devolved authorities are not responsible for growth outcomes when they lack the financial tools to influence those outcomes. Devolution means that powers have to accompany those devolved responsibilities. There are three aspects to devolution: devolution of powers, devolution of responsibilities and devolution of resources. But there is a problem for the devolved authorities in their ability to deliver local growth, resilient public finances and genuine community empowerment.

I am asking the Minister to do some further work and give more consideration to this. I will bring this back on Report, but I am not asking for the solution to be identified immediately. A range of issues need to be addressed and some are complex. I fear that, when this Bill is an Act, it will get into difficulty with its delivery—in generating growth and jobs. I hope that the Minister does not seek to rule out this amendment offhand.

My other amendment in this group is Amendment 253. I was tempted to degroup, but I decided that it is probably better to bring together all the amendments where I am asking for reviews, to raise these issues and ask the Government to think about them, because I will also bring back this amendment on Report.

There needs to be a review of regional and national public spending. Different parts of the United Kingdom have significantly different amounts of public expenditure. I quote from Table 9.1b of total UK identifiable expenditure on services, per head, from 2023 to 2024, which is the last year in which information is available. The information is from the Government’s Public Expenditure Statistical Analyses 2025. That shows that, if the average for nations and regions in the UK is 100, some are well above that and others are well below. London is at 115, when the average is 100. Scotland, Wales and Northern Ireland are all well in excess of 100.

There are some reasons for these differences that are unique to those places, which means that work has to be done to understand why that is. However, the Barnett formula is at the heart of it. That formula, designed by the late Lord Barnett and introduced in the late 1970s, is a very useful instrument for the Treasury to disburse money to the nations, but it hides the significant differences in public spending across the UK.

To that extent, I have tried before to get the Government adequately to explain why, when the average public expenditure is 100, the east Midlands is only 90—in other words, 10 percentage points below the average. The great danger of the Bill is that, when it becomes an Act, it will promote a blame culture. The mayors will blame the Government for not having enough resource, and the public will blame the mayors. The whole democratic system will be in some difficulty if it is not understood why some places get much higher levels of public spending than other areas.

All I am asking the Government is that they are aware of this matter and review it. It implies reviewing the Barnett formula, and I have previously moved Questions for Short Debate and proposals for that to happen in your Lordships’ House. I have not been alone in doing that. A number of years ago, there was a Select Committee of your Lordships’ House that urged reform of the Barnett formula to one that has a needs assessment across the UK. I ask the Minister whether the Government might think about that.

I am going to bring this back on Report. I understand that it is primarily a matter for the Treasury, but somebody does have to explain all this, because otherwise the public are simply going to say, “As mayors compete with each other for the favours of the Treasury, whose fault is it that they are getting more money than us?”

I want devolution to succeed, but the Government have to understand this issue a bit better. How can we empower community banking? How can we invest for growth outside the existing structures? How can the Government make sure that, when they are spending public money, they are allocating it fairly across the United Kingdom? I hope that the Minister will give me some indication that the Government are prepared to look at this.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am sorry if I am speaking out of order; we are missing quite a few signatories. I will speak to Amendment 197 in the name of the noble Baroness, Lady Pinnock, and Amendment 252—about local and community banking powers—which the noble Lord, Lord Shipley, just addressed. The timing of this debate is interesting, because just this morning Santander announced that it is closing a further 44 branches after an earlier announcement that it would be closing 95 branches around the country. Lloyds is closing more than 100 branches by March. A total of 432 bank branches closed in 2025; this puts the figure of bank branches lost at some 7,000.

Large banks, whether based in London or globally, will say that everyone is going digital. What I find, however, when I travel to communities up and down the land, is that quite often the fact that they no longer have a bank or that their last bank is about to close is a major issue. If you speak to a small or even medium-sized enterprise and ask if they are getting financing from the banks, they just laugh at you. The kind of application you have to make includes filling in an enormous number of forms. You do not speak to a person, and the application churns through the computer; computer says no and that is the end of it. Historically, you would have a local bank manager who knew the local community and its businesspeople, and was able to support people whom they knew were worth the punt. The large banks are physically evacuating out of communities and are just not interested in anything except large, multinational companies and their like.

This is why, with regard to local and community banking powers, getting local banks set up is in the interests of local communities and absolutely something to be looked at as an option by Government. I note that, although I am not entirely praising it—I should declare that I am a customer—Nationwide, with its co-operative model, is staying in communities far more, but it still cannot do everything that communities need by any means. Amendment 252 is therefore terribly important.

I turn to Amendment 197’s duty to review parish and town councils. I declare my position as a vice-president of the National Association of Local Councils. Despite the rhetoric around it, this Bill is taking local democracy far further from the people. In many places—as has been happening through more than a decade of austerity—parish and town councils have been picking up the slack where larger bodies have stepped away and not had the money to engage.

More than a dozen years ago I was in Leominster, and the list of services that the local town council had picked up there ran from keeping the public toilet open—I am sorry; I seem to have a theme today, but it was not my intention—to keeping the tourist information centre open to cutting the grass and looking after the green spaces. These tasks had been abandoned by the unitary authority and were therefore picked up by the town council. The problem is that Leominster is an historic town—there is a wonderful, medieval town hall to meet in—but it is often the more disadvantaged communities around the country that do not have parish and town councils. One example is the large new council estates. Those who need it most do not have that local representation. A review, therefore, would be welcome in examining the Government’s heading to take democracy away from the people and enabling us to see how we can restore it at grass-roots level. To me that is essential.

[Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)]

My Lords, I thank all of the noble Lords and noble Baronesses who have taken part in this debate. I especially thank the noble Baronesses, Lady Scott of Bybrook and Lady Pinnock, and the noble Lords, Lord Norton and Lord Shipley, for their amendments on the subject of reviews.

Taken together, Amendments 93, 251, 253 and 255 seek to expand the requirements on the Secretary of State to report on the effect of the Act and the outcomes in various policy areas; and to undertake reviews of regional public spending and the effectiveness of community empowerment measures. The duty to produce an annual report on English devolution already exists to update Parliament on the progress made by the Government on devolution in England. We are already amending these reporting requirements to include which powers, functions and funding have been devolved to strategic authorities from central government. The reporting of outcomes in policy areas such as housebuilding, economic growth and social care already takes place. Social care is not going to strategic authorities; it will remain with local authorities. These policy outcomes are dependent on myriad factors, and a report on English devolution would not be the appropriate place to cover them.

On tax and public spending, the requirements for the annual report on English devolution, as amended by Clause 19, already cover any new powers to impose new taxes, as well as the funding devolved to strategic authorities. Combined authorities must also publish upcoming decisions that will have a significant effect on their citizens. These amendments would place an unnecessary, duplicative burden on the Secretary of State; in the case of social care, they would create new reporting requirements in areas where local authorities, rather than strategic authorities, have responsibility. I therefore ask noble Lords to withdraw them.

Amendment 94 in the name of the noble Baroness, Lady Pinnock, seeks to expand the requirements on the Secretary of State to report where a power in this Bill is used without the consent of “local officials”. The amendment does not define “local officials”, so it is not clear who would be in scope of the reporting. Where appropriate, the use of certain powers in the Bill already has requirements to consult local leaders; for example, constituent councils must be consulted where a function is conferred through Schedule 25 or where a strategic authority is established. It is not reasonable to expect that there will always be unanimous support for the use of any given Secretary of State power, and it would be disproportionate to require reporting where a power has been used with widespread, but not unanimous, local support.

The Government greatly value the role that parish and town councils play in bringing forward the priorities of their communities and delivering effective local services. Although I understand the intention behind Amendment 197, I cannot accept it, I am afraid. We do not believe that a national, top town review is the right approach. Existing legislation already provides clear routes for establishing new parish and town councils through community governance reviews. These reviews are led locally, are responsive to community identity and ensure that new councils emerge where there is genuine local support. Imposing a duty to maximise geographical coverage would risk forcing parish and town councils on to areas where other neighbourhood governance arrangements may be more appropriate—in urban settings, for example. The Government value the role of parish and town councils; we want to continue working with the sector to support strong, effective, community-led governance, but that does not mean mandating a single model across the country.

It is only fair to point out at this stage that there are about 10,000 parish councils in England and about 100,000 local parish councillors. The sector varies hugely in size from city or town councils to hamlet-sized parish meetings. According to analysis from the National Association of Local Councils and the Democracy Club, in the 2025 parish council elections, 21.4% of seats were left vacant. Sample data suggests that around 55% of these vacant seats were filled by co-option, which would suggest that 11.7% of seats were co-opted. Of the remainder, 65%, or on the way to two-thirds of seats, were elected uncontested, and 12.8% were elected through a contested poll; this is consistent with the rate of contested elections in previous years, which is why we value the work of town and parish councillors. We have to take into consideration the variety of those authorities and their capacity to fulfil some of the duties with which we want to provide them, so in our view a top-down single model across the country would not work.

[Baroness Bennett of Manor Castle (GP)]

To go back to the Minister’s comments before he sits down. It is interesting that the Government seem to want one model across the country at higher levels, but not here. Will the Minister acknowledge that it is generally the parish areas and town councils that tend to be wealthier, older communities and it is the most vulnerable communities with less social and financial capital in them that may not be able to prepare themselves for this? However, the Government might identify that there is gap and put in resources to help them.

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[Lord Wallace of Saltaire (LD)]

My Lords, I speak to Amendment 102. Before I start, I must tell the Minister that, when I went home from the last session of this Committee, I found my wife watching an old episode of “Yes, Prime Minister”. The Prime Minister’s Cabinet Secretary and Treasury Secretary were discussing the threat of real regional government to Whitehall control, and how they needed make sure that some regions were set up sufficiently diversely to ensure that Whitehall and the Treasury maintained control. It deepened my already deep scepticism about whether this Bill will really achieve devolution or not.

Like others, this amendment talks about the problems of making sure that, at the regional and subregional level, we co-ordinate as far as possible. If I understand the purpose of the Bill, we will end up in England with somewhere between 30 and 35 strategic authorities with mayors. In some areas, they will meet the urban conglomerations; in others, they will be artificial, imposed on different counties. I note, however, that the Home Secretary is now proposing that we have in England perhaps some six to eight police authorities. At present, in Yorkshire where we wanted to have a regional single strategic authority, we now have four mayors and four police forces, so it fits relatively well. What the Home Secretary now proposes will tear that apart and make much more difficult again any sense of regional and local democratic control of the police. The next restructure of the NHS might well do something similar on a departmental basis. Can the Minister say how far there is any attempt in Whitehall to make sure that, when restructuring takes place, it does as far as possible attempt to make sure that boundaries coincide rather than cut across each other, as they have so often done?

Nevertheless, we recognise that there will always be different levels at which one has to co-operate. If you live in West Yorkshire, the trans-Pennine region is extremely important. If we ever get round to building Northern Powerhouse Rail, which will probably not be in my lifetime, we will have created a new region which is Manchester, Leeds and Sheffield, and all those between it. That will require a range of different authorities. The water catchment areas are unavoidably difficult. We have spent ages in my region discussing how far the Humberside region fits into either Yorkshire, Lincolnshire or wherever. There will be a need for co-ordination.

The question I would like to leave with the Minister—perhaps she can come back to us—is this. How, following this restructuring of local and subregional government, will they do their best to ensure that, in the next set of restructuring of other bits of public agencies, we will try as far as we can to recognise that a sense of place and regional identity is fulfilled by ensuring that, where possible, those things coincide?

To finish, I just say to the noble Lord, Lord Bassam, that I once spent a Saturday morning in Huddersfield marketplace—I used to be president of the Huddersfield Liberal association—trying to help people with their vote. At least half of the people who came up to me said, “Can you tell me what constituency I’m in? I do not know”. The constituency boundaries or their names had been changed, which is confusing for local people. It is all part of why public trust in our Government has weakened. The sense of place has also weakened. This Bill should be doing something to improve that, but I rather fear that it does not.

[Baroness Bennett of Manor Castle (GP)]

My Lords, Amendments 103 and 104 appear under my name. I confess that I can take no credit for drafting them; they started with my honourable friend Siân Berry in the other place. I take note of the Whips’ injunction on brevity, so I will largely focus on those two amendments. They may look rather long, with pages and pages, but they have the same injunction repeated three times relative to the Levelling-up and Regeneration Act, the Local Democracy, Economic Development and Construction Act and the Greater London Authority Act, so they are actually much shorter than they look.

As the proposed titles state, they would create a duty on mayors to establish a deliberative citizens’ assembly within six months of being elected to inform strategic decision-making. That word “strategic” is important, because we have seen it demonstrated again and again that citizens’ assemblies provide a great way to address the big strategic questions. Proposed new subsection (6) in each amendment states that the mayor must take into account any recommendation made by the assembly, and publish a response.

Assemblies have really taken off up and down the country, if in a very piecemeal fashion—perhaps despite Westminster, rather than because of it. I am holding previous Governments responsible for that, but the current Government now have a chance to turn over a fresh leaf and act towards democracy by encoding citizens’ assemblies in this Bill. The organisation Involve, which has organised many of these, stresses how citizens’ assemblies are a way to

“strengthen legitimacy, foster trust, and solve complex problems”.

As it said in a recent blog post, it is a

“powerful answer to the breakdown in trust in our elected representatives and the wider crisis of democracy”.

Just to give noble Lords a sense of the kinds of government organisations that have been making use of citizens’ assemblies, Involve has organised various events along these lines for Innovate UK, UKRI, the Care Quality Commission and the West Midlands Combined Authority. There is a very long list; that is just a sample of them.

Under different structures and local initiatives, one area where citizens’ assemblies have proved particularly powerful is in looking at climate action. We have seen many local authorities set net-zero targets and communities have got together through citizens’ assemblies to work out how to do that. I take two examples of very different ones. In Kendal, right in the depths of the Covid pandemic, the town council organised a climate change citizens’ jury that was regarded locally as very successful. Then, in another place, very different politically and demographically, there was the Westminster citizens’ climate assembly in 2023. This is something that is taking off, but in a piecemeal fashion. This is a chance to really put a focus on deliberative democracy at the heart of this Bill.

Finally, on citizens’ assemblies, I draw attention to the powerful speech by the noble Earl, Lord Clancarty, on the lead amendment in this group and the really powerful testimony from a group called Citizens for Culture, which is based in the south-west. It talks about championing citizens’ assemblies in terms of arts culture and says that:

“When diverse voices come together to learn, deliberate and decide, it leads to decisions that are more legitimate, more inclusive, and more connected to the lived experience of local people”.


Culture, brought together with a citizens’ assembly, creates a vital space where communities can make meaning, build identities and imagine new futures. I think that expresses the idea very well.

I can see the Whip looking at me so let me just say something about Amendment 104. There are many different amendments, both in this group and in previous groups, about mayors having to work with—in this case—local public service providers and other local government. This amendment would provide one more way of doing that. We have heard from all sides of the Committee that that is a really essential and necessary thing that is missing from the Bill; I am not attached to any particular way of doing it, but this would be one way of doing it.

[Baroness Janke (LD)]

My Lords, I wish to speak to Amendment 196D, which would place a duty on strategic authorities to work with local and community-based bodies when exercising their functions. Devolving powers to the level of the people whom they affect means that effective devolution depends not only on transferring powers from Whitehall but on ensuring that those powers are exercised in partnership with the communities they affect. Without an explicit duty to work with community-based bodies, there is a risk that decision-making becomes remote, technocratic and insufficiently grounded in local reality. This amendment would ensure that parish and town councils are treated not as an afterthought but as partners in governance, helping strategic authorities to understand local conditions, priorities and constraints before they are implemented.

Voluntary and community sector organisations also play a critical role in the delivery of local support and preventive services. They are often hubs of energetic volunteers—people who want both to be involved in their local communities and to bring enthusiasm, energy and drive to local life. Following on from the story of the noble Lord, Lord Bassam, when I was a member of a community council on the west coast of Scotland, volunteers and members of those communities persuaded the mighty Strathclyde Regional Council to support a town-twinning project and fund it. So you can find examples of this kind of thing all over the country.

I believe that, in all of the powers and strategic aims of this Bill, the key roles played by town and parish councils are forgotten; in fact, the Bill barely mentions them. Parish and town councils are key players in local communities. They are closest to the ground and most responsive to the day-to-day needs of communities. This Bill must contain a statutory obligation to work with the most local and community-rooted bodies—parish councils—as well as the other essential local groups and agencies that are involved in delivering services at a local level.

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[Lord Jamieson (Con)]

My Lords, I will try to be quick, given the time. This has been a useful debate. I am sympathetic to the principle behind Amendment 100 in the name of the noble Earl, Lord Clancarty. Culture really is the glue that glues local areas together. I look forward to hearing the Government’s response, because collaboration across boundaries is very important. In a similar manner, Amendment 101 in the name of the noble Lord, Lord Ravensdale, is both sensible and welcome, recognising again that economic activity, trade and so on cross boundaries and that we need to establish mechanisms to ensure co-operation.

Moving on, Amendment 102 in the name of the noble Lord, Lord Wallace of Saltaire, follows the same theme. I shall also refer to “Yes, Prime Minister”, because I watched the same episode. I noted that Sir Humphrey had a huge concern that devolving things to local councils would actually lead to real delivery; his solution was to create a whole series of bureaucratic, cross-regional structures to ensure that nothing happened. That is why I am slightly concerned about this amendment producing additional layers of bureaucracy and additional planning boards that will potentially duplicate or confuse. Although we agree with the thrust behind this amendment, additional bureaucracy is something that makes us feel a little uncomfortable and a bit nervous—hence my referring to the Sir Humphrey situation.

I turn to Amendments 103 and 104 in the name of the noble Baroness, Lady Bennett of Manor Castle. I am a huge believer in democracy. We should elect people and trust them to get on with the job; if they do not get on with the job, they should be booted out when the next election comes around. The noble Baroness is absolutely right that mayors, councils and so on should engage with their residents and listen to what they have to say—depending on what the subject is and where the place is, that may take a variety of forms —but I am hugely concerned about setting up self-appointed, unelected bodies that then hold democratic bodies to account. I just do not feel that that is the right way round; people should engage, but that engagement should be based on democracy.

[Baroness Bennett of Manor Castle (GP)]

I am sorry but I must interrupt the noble Lord, if he will allow me one second. He said “self-appointed”; the whole idea of people’s assemblies is that they are a representative group of people usually chosen by lottery, lot or similar.

[Lord Jamieson (Con)]

I will take back what the noble Baroness says. In this case, my point is that a random unelected body is not the same as an elected body. I genuinely think that democracy is important. If you wish to engage, you probably need to be a bit more nuanced in whom you engage with, because it should not be random; it should be those people who can really give you the feedback and information you need, depending on the subject and the place. Take central Bedfordshire, for example: a random 100 people from across central Bedfordshire will not be particularly helpful when we are discussing what is happening in my own little village of Maulden; I would rather discuss it with the residents of Maulden.

With that, I shall move on. This debate has made it clear that collaboration is important—in many cases, essential. I hope that it will be taken seriously by the Minister and that she will come back with some flexibility later on in the Bill’s passage.

Local Government Reorganisation

Baroness Bennett of Manor Castle Excerpts

Monday 26th January 2026 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, the noble Lord, Lord Pack, referred to the some 250 councillors who could face seven-year terms under the Government’s plans. Four of the county councils are majority-Tory led, and they last held elections in May 2021. Noble Lords will have to cast their minds right back: Boris Johnson was Prime Minister; since then, we have had two Tory Prime Ministers and, thus far, one Labour Prime Minister; Suella Braverman had only recently been sacked as the Tory Attorney-General—for the first time. Politics is changing fast, and sometimes the Government are asking electoral officials to act fast also. The Gorton and Denton by-election is going to be held on 26 February, on the fastest possible timetable. As a measure of the degree of change in that, I note that, at the last election, the Labour Party got more than 50% of the vote, and a notional calculation for 2019 gives the Labour Party 67% of the vote in that seat, but the bookmakers today have the Green Party as favourite to win that by-election. With politics moving so fast, is this not a particularly dangerous time to be postponing elections and not giving voters a democratic say? Is this not damaging and dangerous, threating the whole concept of democracy by taking it away from people when there is so obviously a desperate desire for change?

[Baroness Taylor of Stevenage (Lab)]

I am certainly not calling the result of the Denton by-election at this stage. I do not think we even have a candidate yet, so I think it would be unwise.

In response to the noble Baroness’s question on timing, we have been clear throughout that elections should go ahead unless there is strong justification otherwise. Many of the local elections that are due to take place in May will take place. We were very clear that if councils said they had no reason for postponement then we would listen to them, but that where a council voiced genuine concerns—we had significant evidence from those councils whose elections have been postponed—we would take it seriously. To make sure that everyone knows that this was not a rubber-stamp exercise, where anyone who asked for a postponement got it, there were two councils where we did not think the evidence was sufficient, Nuneaton and Bedworth and Pendle, and their elections are going ahead. We do not do this lightly. However, with an unprecedented reorganisation going on in local government, it is right that we took account of what local government was saying to us.

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[Baroness Taylor of Stevenage (Lab)]

As I stated earlier, decisions on the six devolution priority areas will be made by March 2026. Their geographies will be decided by then. We are going out to consultation on the remaining 14 areas, and it is important that we do that. The local authorities have come forward with their proposals. We want to find out what the local views on them are, so they have gone out to consultation. That consultation closes in May 2026, and we will make decisions on the geography of those remaining authorities before the Summer Recess.

[Baroness Bennett of Manor Castle (GP)]

The Minister said, and I very much agree, that the officers, staff and structures of the councils that have asked for extensions are extremely stretched—I declare my position as a vice-president of the Local Government Association. One of the alternatives would have been for the Government to provide the resources to ensure that those councils were able both to hold elections and to continue with the plans for reorganisation. Can the Minister say whether the Government made any calculation for what allocation of funds from the Government here in Westminster would have been necessary to allow those elections to go ahead? What would the cost have been if those resources had been provided?

[Baroness Taylor of Stevenage (Lab)]

With respect to the noble Baroness, putting in new resources at this stage would not really help matters. Councils have their programmes of work under way. They are all working very hard on the reorganisation programme, as they are on the transition. They have an enormous job to do on working out the transition for key public services and on how they are going to drive growth and housing programmes going forward and put new resources into that. When you have new councillors and council officers coming in, it takes quite some time for them to get up to speed and be able to deliver at pace. Councils have considered that very carefully and will have made their own decisions. That is why we had 29 of them submit requests to postpone their elections.

Local Elections: Cancellation

Baroness Bennett of Manor Castle Excerpts

Wednesday 21st January 2026 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

On the noble Lord’s point about the Electoral Commission, we wrote to the Electoral Commission to notify it, and last week I met the commission to discuss the matter. On elections to county councils, our intention is to hold elections for the shadow authorities in 2027.

[Baroness Bennett of Manor Castle (GP)]

My Lords, my question is asked in the light of the result of today’s Horsley by-election for Derbyshire County Council, in which the Green Party took the seat from Reform with 43% of the vote. Reform had 35% of the vote, the Conservatives 14% and Labour 4%. Given that the political landscape is clearly changing, and people’s political views are changing very fast, is it not right that every community in the land should have representatives who reflect their current political views?

[Baroness Taylor of Stevenage (Lab)]

If those elections are agreed for cancellation, the councillors who would have been due for election will already have an electoral mandate. The councils have decided whether they wish to go ahead with the elections. This is about the capacity of the councils; it is not a political issue.

English Devolution and Community Empowerment Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Tuesday 20th January 2026 Grand Committee

[Lord Mawson (CB)]

My Lords, in this discussion, there is a lot of confusion between what I call the two Ds: democracy and delivery. I have spent over 40 years working in East End housing estates. Around the time I first arrived, I sat in a room with a youth worker, who asked a group of young people, “What do you want to do?” They said, “Well, miss, we want to go to Walton-on-the-Naze”—which is a seaside resort in Essex—“and we want to go ice-skating and horse-riding”. So I got on an Empress Coach with this youth worker and all these young people, and we did those three things. Then a year later, I returned to the same room with the same well-meaning youth worker, who asked again, “What do you want to do?” They said, “Well, miss, we would like to go to Walton-on-the-Naze and horse-riding and ice-skating”. I said to the youth worker, “You’ve been to university, you’ve been to Australia and you’ve travelled around the world. Why are you asking these young people this ridiculous question?” She said, “This is democracy. This is giving them a real choice”. I said, “Really? Why don’t you suggest we’ll take them across the Sinai Desert in six months’ time?” She replied, “Don’t be ridiculous. They’ve never heard of the Sinai Desert”—precisely.

With a business partner, we ended up taking 200 of those young people, in a programme we developed, across the Sinai Desert with the Bedouin. We climbed Mount Sinai and had an amazing experience. When these bright, sharp, entrepreneurial young people from East End housing estates came back, they raised all sorts of interesting questions. One of them, called Darren, wanted to go off to New York—which he did; he then developed an amazing piece of youth work, which was very entrepreneurial and which the Princess of Wales recently visited.

In the very early days in Bromley-by-Bow, we began to embrace an entrepreneurial programme which was created with local people, including local young people. Some 97 businesses have been involved in that over the last 10 or 12 years. Over the years in Bromley-by-Bow, we must have hosted more than 70 Government Ministers, but I fear that we are still asking the same question in many of these processes. With this kind of legislation, because the granular detail is not understood, I fear that we will spend a lot of time with large infrastructure asking people what they want and where they want to go, without thinking about how we really empower a community, particularly a poor community. That is about jobs and work and, in our experience, about helping them build businesses and enterprises and lifting the game.

I agree that community engagement is really important, but so is the granular detail of how you do it, what it means in practice and how you generate learning-by-doing cultures on the ground in some of our poorest communities. If we do not start to do that, I fear that, once again—I must be on my 14th Government now—we will have some restructuring. We will use all these very fine words, but we will be back in that room with those young people asking them what they want, with no clarity about democracy and delivery. I have found with East Enders that they are interested more in delivery than in talk—that when you promise things, you actually do them, and you transform the opportunities for their children. That will not happen unless we get more into the granularity and create learning-by-doing entrepreneurial cultures. That is what empowerment looks like.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in following the noble Lord, Lord Mawson, I feel the need to stress that we should not write off deliberative democracy, where people can access information and ideas and come together to reach new conclusions. Let us also stress that the economy—businesses and jobs—is one part of a much larger whole that is the community. Our society needs resources, education, time and health, so a simplistic, one-directional look at what our communities need will not answer our issues.

It is a great pleasure to take part in this debate with the noble Lord, Lord Lansley, who made some very telling points about how this is a seriously half-baked Bill. Your Lordships’ Committee is going to have to add quite a bit of heat to get it anything like ready for the table. I declare my position as a vice-president of the Local Government Association and of the National Association of Local Councils. I too wish the noble Baroness, Lady Pinnock, well and hope that we can see her back soon.

I start with the noble Baroness’s Amendment 95, as it demonstrates why we need many of the amendments in this group. It sets out in clear terms that the role of local government is to provide “democratic, place-based leadership” and it should not be

“solely a delivery arm of central government”.

Increasingly, that is what local government has been forced into being through the decades-long power grab by Westminster, accompanied by swingeing austerity that has left councils unable to carry out pretty well anything but their statutory responsibilities, which are of course determined by Westminster. That is a major driver of the extremely high disillusionment with politics and why the slogan “Take back control” was so popular in 2016.

I set all that out because my Amendment 9 seeks to add to the list of areas of competence. Most of the amendments in this group, as well as Amendment 95, would take the Government in the direction they say they want this Bill to go. I will focus on Amendment 9, but, regarding Amendment 8 from the noble Lord, Lord Lansley, on community engagement and empowerment, I have a lot of later amendments on this which are not necessarily contradictory but potentially complementary. I also support the community energy amendment from the noble Lord, Lord Ravensdale. Last night in the Chamber, I spoke about community energy; we are just not seeing the driving force that we need to bring renewables to local communities, which surely has to be a crucial part of the areas of competence of the new strategic authorities.

My Amendment 9 addresses food security and poverty. In terms of local food production, according to a recent report from the CPRE, 1,7 00 farms have disappeared around the edges of towns and cities since 2010. We have seen those peri-urban areas stop being food-producing areas when they should be at the centre of local food systems. We have seen a massive cut in the number of county farms; according to figures from 2019, over a couple of decades they have gone from 426,000 acres to about 200,000 acres. We have seen councils’ control over local food systems hacked away.

We know—this is why poverty and food fit together very well—that we have enormous spatial inequalities, arguably the highest in the OECD. That has been increasing over three decades. There is an understandable feeling in Cumbria, Cornwall, Northumberland and north Devon that Westminster does not understand their poverty problem or the reality of their lives. They are right. We cannot fix the problems of each of those places by making one rule from Westminster; tackling poverty in those places has to be a local responsibility, with power and, importantly, resources to go with it. We have been through regional development agencies, local enterprise partnerships, town groups and the wildly unpopular investment zones. There has been a huge democratic deficit in all those systems, and they all have failed.

I draw on two reports from the Food, Farming and Countryside Commission. The first is The False Economy of Big Food and the Case for a New Food Economy, which focuses on how what is colloquially known as “big food”—large centralised systems—is making us sick. It is the first report I have seen to have calculated the estimated total cost of our broken food system: £268 billion. A lot of that is the costs of healthcare, welfare support, social care and loss of productivity, all of which are having to be met by local authorities. Those are the costs—surely we need to put the solution and a reduction of those costs together.

We have lots to do here in Westminster. We have an extremely uneven playing field with a handful of big supermarkets and big food manufacturers entirely dominating the markets, throwing their weight around against local communities and farmers. Westminster needs to act, but how are we going to fill in the gaps? What are we going to put in all these different communities up and down the land? There is no one answer. Westminster does not have the answers.

I stress that about 22% of people in the UK are in food poverty. That means people who have a limited opportunity to feed themselves well, often relying on food banks, et cetera. UKRI is funding the Food Systems Equality project, involving systems in local communities to ensure healthy, sustainable food that reflects cultural preferences. We have recognition from one arm of government that the solution to our food issues has to be local—that is what UKRI is doing—but we have to put the power into local and strategic authorities to deal with that.

I pick one example of where something great is happening. An organisation called Growing Kent & Medway is an inspiring effort to create healthy and sustainable food systems in what has traditionally been the garden of England. It is place based, with a huge number of small independent businesses. I have tasted some great cheese and cider here in the House when they have come to visit us. But if we are going to have those kinds of systems all around the country in each area, they have to be supported by the strategic authorities.

Finally, I bring together food and poverty issues, including local food security in the UK. There is an interesting piece of work by the Royal Geographical Society, which carried out a visualisation of what food insecurity looks like in different parts of the country. It is useful to have this as a map, because you can see what different colours come out on the map showing the difference in different places. Food insecurity is variable across the country because of the levels of poverty, but the way in which people’s foodscapes are configured are different in different places. There is no way in which Westminster can find the solution for each place, because the solution in each place is different. There is nothing more fundamental for government to ensure that people are fed, but the Government in Westminster have to let go and let local communities find their own solutions.

[Lord Wallace of Saltaire (LD)]

My Lords, we have been talking about public safety under Amendment 5. I want to check with the Minister how far the Bill is linked to some of the issues with which other departments in Whitehall are dealing. We all know that all the complicated policy problems are cross-departmental. Chapter 6 of the Strategic Defence Review was about a whole-society approach to home defence and home security, and the need for a broad approach to the multiple threats that we now face, including terrorism, climate change and hybrid warfare of one sort or another. The review stressed that we need local resources, knowledge and co-operation in order to make sure that we face some of those threats. So, I am glad to see public safety here.

I recall that when the Salisbury poisoning took place, the public health officer in Salisbury played a vital and impressive role in sorting out its response. I also remember that, when the Covid pandemic struck, the Government outsourced the placing of testing centres to two large companies, one of which had its headquarters in Miami and made a remarkable number of mistakes in where to place the centres. We need not just strategic but local authorities to be leading on this. I hope that the Minister can assure us that public safety is one of the dimensions with which we are concerned.

I am struck that it has been eight months since the Strategic Defence Review was published. It also said in chapter 6 that we needed to start a “national conversation” on how we respond to multiple threats. I have not heard any of that national conversation yet. I hope that the Minister’s department and the Ministry of Defence are in active conversation about how this dimension is built back into our society and our government structure and how the resources—because it costs money—will be provided to local authorities, local civil rescue services, local fire services and police forces to make sure that we can face these multiple threats to our public safety.

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[Baroness Taylor of Stevenage (Lab)]

I heard the noble Lord’s question. I responded earlier that I will come back to him on how this works within the Bill, so if that is okay, I will do it in writing and share it with other Members of the Committee.

Combined authorities and combined county authorities are required in law to establish both an overview and scrutiny committee and an audit committee. Also, all strategic authorities are expected to follow the principles and processes in the English devolution accountability framework and scrutiny protocol. The Government remain committed to strengthening local accountability and scrutiny, and we are exploring models such as local public accounts committees; we will provide an update on our proposals in that regard in due course.

I hope that, with these reassurances and explanations, the noble Lord will feel able to withdraw his amendment.

[Baroness Bennett of Manor Castle (GP)]

Perhaps I might come back to the issue of food security. In her answer, the Minister talked about access to food, which is obviously a crucial part of food security and very much related to poverty, but I do not think she really talked about food production and local systems of food distribution, which tie in with the question asked by the noble Earl, Lord Devon—particularly in terms of vegetables and fruit. We are talking about health, as well as pure calories, here. Do the Government see looking to produce as much food as possible locally as an important part of the new strategic authority?

Back in the depths of Covid, I chaired an online event on research from the University of Sheffield demonstrating that Sheffield could be self-sufficient in vegetables and fruit, growing in the green areas of the city. That is just a demonstration of the possibilities: if you get local attention on solving these issues, we can make real progress.

[Baroness Taylor of Stevenage (Lab)]

I understand why the noble Baroness is pushing her point strongly, but I will stick to the answer I gave: those areas of competence already enable a very wide framework to tackle poverty and socioeconomic inequality—including food production, if that is where the mayor chooses to go in a particular area. The issues raised by the noble Baroness are cross-cutting aspects so putting them into one of the competences would mean that you would not be able to work so effectively across those competences, including on things such as skills and health inequalities. It is right to leave the framework of competences as broad as possible to allow people to determine the best way forward at a local level.

There is other work going on in Defra, as the noble Baroness will be well aware, in relation to land use frameworks—as well as all of the other issues around how we account for local food production—but, from the point of view of this Bill, the competences and the broad framework that they offer give the widest framework for local authorities to tackle needs in their areas.

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I was glad that the noble Earl, Lord Clancarty, mentioned the Public Libraries and Museums Act 1964. It was one of the few legislative legacies of the Conservative Government of Alec Douglas-Home, who was in power for less than a year, but it is hugely important in protecting these parts of our cultural infrastructure. The noble Earl—another enlightened Earl like the late Lord Home—is right that, if it were not for that Act, I do not think we would have seen the protection of public libraries that we have had over the past half a century. It is important, as we set out the areas of strategic competence, that we hold in mind these areas that are so important socially and economically and that we give the encouragement to future generations of local leaders to see the strategic importance that they hold.

[Baroness Bennett of Manor Castle (GP)]

I would like to make a point of clarification, if I may, on the Ipswich cuts. The Greens were protesting the cuts, not doing them.

[Lord Parkinson of Whitley Bay (Con)]

I said Bristol.

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There is great merit in these amendments and I hope that the Minister, who knows the range of things that rural areas require and need full well because of her political experience, will agree that it is worth reflecting on what we can do in the Bill to enable that to happen. I think we need to staunch the decline of rural communities and the services to which they have access, and this is a good and powerful opportunity to grasp that nettle.

[Baroness Bennett of Manor Castle (GP)]

My Lords, as I have attached my name to Amendment 7, in the name of the noble Baroness, Lady Royall, and tabled my own Amendment 129, I will briefly join this very rich debate in which the case for this group of amendments, which sit broadly together, has clearly been made.

I will make a couple of additional points. One was provoked by the historic reflections of the noble Lord, Lord Cameron, about the foot and mouth epidemic. This struck me, because it is an area on which I do a great deal of work: I do not believe that there is anything in the Bill about biosecurity or animal security. Your Lordships are trying to strengthen the human health elements of the Bill, but I wonder whether the Minister—I understand if she wants to write to me later—could reflect on what role strategic authorities might have in biosecurity and animal or plant diseases. I am thinking now of the situation with the continuing crisis of highly pathogenic avian influenza, known as H5N1, which is still affecting many of our factory farms and is a significant issue in particular areas. Is that something in which the strategic authorities would have a role? That was a question that arose from the debate.

I spoke extensively in the previous group on food production, farming and supporting farmers, so I will not go over the same ground. That is obviously an important part of rural communities, although it is by no means the majority. If we are to get more farmers into local areas and grow the vegetables and fruit that we need, then affordable housing, as was raised by the noble Lord, Lord Best, is a crucial issue. Wales in particular has done some interesting work looking at ways in which to get producers back on to the land through specific arrangements for housing. There are some interesting areas on which strategic authorities might have the power to act if the Bill is written in the right way.

In essence, the noble Lord, Lord Cameron, made the argument for my Amendment 129 entirely. As the noble Baroness, Lady Royall, set out, this is actually an amendment to her larger amendment; it inserts “public and active transport provision” into the duties to consider the needs of rural communities. The case has already been made; I would just add that we need to be a great deal more aspirational about the possibilities for public and active transport in rural areas.

One of the recent small but significant Green wins was in the bus Bill, when the Government conceded that they would review rural bus services in the coming years. Some have said, “Oh, it is a rural area; there are just no bus services”—that is not an acceptable position. As the noble Lord, Lord Cameron, said, many young people in rural areas do not have a licence or cannot afford a car. We also have ageing populations in which increasing numbers of residents are unable to use a car and they need public transport. We also need active transport provision because it is one of the things that will help people to stay healthy.

Thinking about the possibility of aspiration, I recently travelled back from Kyiv by road through Poland and I was astonished at its quality. It went through a deeply rural, farming area with small villages. Beside the main road, there was a brilliant, separated cycle route; it went on and on through this rural area. If Poland can do it, and its distances are greater than ours, surely we can manage that kind of provision, too.

Finally, on active transport, we are talking at the most basic level about making sure that people are able to walk around villages. Very early in my political career, I went to a council by-election in central Bedfordshire, and I was quite astonished coming out of London. It did not surprise me that cycling from the train station was a pretty hairy experience; what did surprise me was that, when I got to the village, I found there was not a single pavement—everyone in this village just had to walk on the road with the cars. It did not have to be that way; it could have been arranged differently. There were lots of old historic buildings, but there could have been provision. Historically, there were footpaths; that is how people used to get around. We should restore footpaths and improve the provision. We need to think about public and active transport being a standard part of provision in rural areas, not something that just cannot be done.

[Baroness Scott of Bybrook (Con)]

My Lords, this has been an interesting debate. I have found that some of my views have changed slightly as I have listened to noble Lords. The amendment in the name of the noble Baroness, Lady Royall of Blaisdon, seeks to add rural affairs to the list of competences. Given the distinct challenges faced by rural communities, from connectivity to service provision and economic resilience, it is reasonable to ask whether the Bill adequately reflects the needs of communities.

While I was listening to the noble Baroness, I realised that I have concerns that in areas with large urban areas as well as rural areas, those urban areas could take out capacity and investment from the rural areas. When I go back into my history in local government, I remember the regional development agencies that did exactly that. I do not think that Wiltshire got a penny from the regional development agency; all of it went to Bristol and Bath. The Government should look at that to ensure that it does not happen now.

Amendments 52, 56 and 60, in the name of my noble friend Lady McIntosh of Pickering, relate to the appointment of a commissioner for rural affairs. I thank her for her extensive knowledge of this issue. She is right that rural affairs need to be at the forefront of policy-making, especially in authorities that may be predominantly rural but could be a mixture. However, I harbour some reservations about requiring mayors to appoint commissioners with competence for rural affairs. I believe that rural affairs should be a priority for the mayors themselves—the unitary authorities that make up the commission will, I assume, be both rural and urban—rather than delegating this responsibility to one commissioner.

We should remember that competences are not the same as powers or capabilities. Moreover, allowing mayors to make these appointments may result in the appointment of yes-men for the mayors, rather than individuals who could provide independent, robust scrutiny on behalf of rural communities. While I fully appreciate the intent behind these amendments, I am yet to be convinced that mayoral appointments of rural affairs commissioners will be the right mechanism to ensure that rural voices are heard.

Amendment 128 is also from the noble Baroness, Lady Royall of Blaisdon; I thank her for her continued commitment to rural issues. As I have said, it should be a fundamental priority for any authority covering rural areas to consider their particular needs, especially at a time when these communities are being required to absorb substantial housing targets and sprawling solar farms. They deserve a meaningful say if this Bill is really about community empowerment. As I have said, I have a real problem with the mixture of urban and rural, and the issue of the rural voice coming through.

The amendment from the noble Baroness, Lady Bennett of Manor Castle, raises the vital question of public and active transport provision in rural areas. Many of us who have been rural leaders over many years have struggled not just with providing that but with its cost and with making it the right type of transport for a particular area. The noble Baroness is absolutely right to highlight the need for infrastructure that is tailored to rural lifestyles and connectivity.

Since I am talking about connectivity, I will turn to another form: technology. When I go back to Norfolk, I can never get anything on my machine or any other machine. There is no IT and no phone connection whatever. Many of our rural areas are like that. There is a two-tier system in this country for technology, but that cannot go on.

Finally, Amendment 260, tabled by my noble friend Lady McIntosh of Pickering, underscores that the impact of the Bill on rural areas has not yet been fully thought-through. That is the big issue for me. It is entirely reasonable to expect the Government to be transparent about the costs and benefits for rural communities. They have to go back to the drawing board to look at how we can ensure that our rural communities have equal access to the capacity, capabilities and finances that the mayoral authorities will have and that the new unitary councils will be able to use.

I look forward to the Minister’s response on how the Bill can recognise and enshrine the needs of rural communities, which we have heard this evening. At the moment, rural communities are feeling a bit let down by the Government, and this is an absolutely key opportunity to change that.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Baronesses, Lady Royall of Blaisdon and Lady McIntosh of Pickering, for their amendments on rural affairs, and I thank all noble Lords who have spoken in this debate.

I will begin by responding to Amendment 7, tabled by my noble friend Lady Royall of Blaisdon, which seeks to create a distinct area of competence for rural affairs. Strategic authorities cover a range of geographies in England, from highly urbanised areas, such as the West Midlands Combined Authority, to more rural geographies, such as the Devon and Torbay Combined County Authority. Mayors and strategic authorities will be empowered to support all communities within their geography, including rural communities.

It is for this reason that the areas of competence are deliberately broad in their definitions. The topics that they cover are matters which apply to all communities—for example, transport and local infrastructure or housing and strategic planning. We have heard lots of descriptions of why those topics are particularly important in rural areas, but they will be important in different ways to the way that they are important in urban areas. It is right that, at local level, local leaders are empowered to deal with them as appropriate in their area.

Many existing combined and combined county authorities are making use of powers which have not been badged as rural functions to support their rural communities. For example, the mayor of the York & North Yorkshire Combined Authority, David Skaith, is making use of transport functions to build the foundations for a working rural bus franchising model across the area. It aims to deliver a better bus service for areas that currently see only one bus a week—more of that later. Were a specific competence for rural affairs to be included, it could run the risk of encouraging rural areas to be considered in isolation. By that, I mean we do not want rural areas to become a silo that is only one person’s responsibility; we want it to be a responsibility across all those competences. With that in mind, I hope that my noble friend will feel able to withdraw her amendment.

I now turn to amendments tabled by the noble Baroness, Lady McIntosh of Pickering, which seek to ensure that mayors appoint a commissioner where any of their area is classified as a majority or intermediate rural area. I point out to the noble Baroness that, although the structure of the rurality funding in the formula has changed, it has not been taken out; it has been reallocated with the fair funding formula. We have built sparsity considerations into the fair funding formula. The way it has been done has been changed and it has a different name, but we have included consideration of sparsity in that funding formula.

To turn to her amendment, commissioners are an optional appointment for mayors to help bring additional expertise to support delivery in a specific area of competence. Mayors are able to shape the exact brief of the role. It would be reasonable, therefore, that a commissioner focused on economic development and regeneration could lead a strategy focused on the rural economy, for example. As I have outlined, rural matters cross multiple areas of competence. Commissioners will not be precluded from addressing these rural considerations in their work. In practice, it would be possible for a mayor to appoint a commissioner to an area of competence that has a rural relevance in the area, such as environment and climate change, and then give them a locally appropriate title, such as deputy mayor for the environment and rural affairs. These amendments would also mandate the appointment of a commissioner, removing the mayor’s right to choose whether to appoint a commissioner or not.

Amendment 128, tabled by my noble friend Lady Royall of Blaisdon, would require strategic authorities and their mayors, when considering whether or how to exercise any of their functions, to have regard to the needs of rural communities. The Government fully recognise the importance of rural communities and are committed to ensuring that they benefit from devolution.

Mayors already have a strong track record of using their powers to support rural areas. For example, in the north-east, Mayor Kim McGuinness is investing £17 million into the rural economy, supporting farming businesses and rural tourism. The North East Combined Authority has established a dedicated coastal and rural taskforce to ensure that rural and coastal communities are fully represented in investment decisions.

The noble Lord, Lord Best, highlighted housing issues for rural areas. I am very grateful to him for his work on the Devon Housing Commission and his continual advocacy, when I am dealing with housing matters, that I keep considering the needs of rural communities. That has been really helpful.

The noble Baroness, Lady Scott, spoke about broadband infrastructure in rural areas. I visited colleagues of hers in Cromer recently, who were very keen to stress that among the other issues that coastal communities are facing. It is really important, but the Government’s view is that adding a statutory duty may create unnecessary complexity without delivering additional benefits. We want the benefits to come from the overall structure and empowering our mayors to act in the best interests of their communities.

I turn to the amendment to Amendment 128 tabled by the noble Baroness, Lady Bennett. I fully agree that transport is vital to rural communities, but this issue is already well addressed through existing powers and investment. The Bus Services Act 2025 strengthens local leaders’ ability to protect services, and from 2026-27 more than £3 billion will support better bus services, including nearly £700 million per year for local authorities. Importantly, for the first time these allocations take rurality explicitly into account, recognising the higher cost of serving remote areas.

The noble Baroness mentioned biosecurity; I will respond to her in writing on that. She also referred to her earlier remarks on food security. To add to my earlier response, the good food cycle published in July 2025 sets out the Government’s vision to drive better outcomes from the UK food system for growth, health, sustainability and resilience. There are 10 outcomes in that cycle, on healthy and more affordable food, good growth, a sustainable and resilient supply and vibrant food cultures. It has a set of near-term priorities, including securing resilient domestic production, generating growth elsewhere in the food system which supports positive public health and environmental outcomes, and improving food price affordability and access—in particular, targeting costs that lead to food price inflation and supporting those who most need access to healthy, affordable nutrition. I am happy to write to her further on that if it would be helpful.

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for making the special effort to provide that extra response, but that is what Westminster is doing. I am talking about what local authorities and strategic authorities can decide for themselves to do in their local area, not relying on a direction down from Westminster.

[Baroness Taylor of Stevenage (Lab)]

I take the point. That project is being supported by the Food Strategy Advisory Board, including extensive engagement across government. I will take back the point that that should include all tiers of local government, as the noble Baroness makes a fair point.

Through rail reform, mayoral strategic authorities will have a statutory role in the design of local rail services and all tiers of local government will benefit under the new Great British Railways business unit model, taking local priorities into account. The noble Baroness also referred to cycleways. I am very proud of where I live because my town was built with 45 kilometres of built-in cycle infrastructure. This is an important opportunity for our new towns as we develop the work of the taskforce. I know the noble Lord, Lord Gascoigne, will again be interviewing our Secretary of State in the Select Committee tomorrow on these and other matters. Gilston, which is a garden village near Harlow, made provision for a cycleway. We have to think about that. While we agree on the importance of these issues, the amendment is unnecessary because this Bill and other government activities will already enable authorities to secure improvements to rural transport without imposing an additional legal duty.

Finally, Amendment 260 tabled by the noble Baroness, Lady McIntosh of Pickering, would require the Secretary of State to publish an assessment of the impact of the Bill on rural areas before any regulations could be made using the powers in this Bill. Ahead of the introduction of the Bill, my department assessed the impacts of regulatory policies within it on businesses and households, urban and rural. This impact assessment was given a green rating by the Regulatory Policy Committee, indicating that it is fit for purpose. It would not be proportionate to complete another impact assessment solely for rural areas, given that our original assessment applies to those as well.

May I just refer to the remarks made by the noble Lord, Lord Cameron? He referred to the importance of the rural voice being heard across government. I completely agree. The mainstreaming of rural affairs across competences is vital, as is the freedom for mayors to address their local issues in the best way to tackle their local challenges.

In talking about bus services, the noble Lord reminded me of when I did a review of the universal credit system a while back. I was sent to Blandford Forum in Dorset. Some of the people who were working on their skills with the jobcentre had to visit the jobcentre every day. The problem with that was that the bus fare was £9 and there was only a bus to get there, with no bus to get home again; you may have wanted to improve your skills but it was very tricky to do so because, although you could get there, you could not get back home again. That was one of the big flaws in the universal credit system. Of course we want to keep track of people who are trying to develop skills, but there are difficult issues around that in rural areas.

When we discussed London-style bus services across the country—I am sure that the noble Baroness, Lady Scott, will remember it well from the then levelling-up Bill—it raised the eyebrows of my noble friend Lady Hayman of Ullock. My noble friend lives in Cumbria, so London-style bus services are quite a long way from the service she gets in her local area. I understand the issues, but I think that enabling mayors —and their commissioners, if they choose to do it in that way—to address their local issues is the best way to tackle local challenges in these areas. For these reasons, I ask my noble friend to withdraw her amendment.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Shipley, and I commend him on drafting what I think is a terribly important amendment, as he has just outlined.

The noble Lord, Lord Shipley, said this might sound revolutionary. Well, I think it is revolutionary, and it would mean reversing the entire direction of travel of English governance over the past decades, which has seen power and resources increasingly concentrated in the centre. I said in the earlier group how much that has disillusioned the public and left people feeling like they are not in control of their own communities and lives. This amendment could point the Bill in the direction it is supposed to be heading in, but it is not currently heading in that direction when you look at it.

I confess that this is at the absolute centre of green political philosophy and thinking. Decisions should be made at the most local level possible and referred upwards only when absolutely necessary. That is the foundation of green political thinking and, in my view, the foundation of democracy.

There is so much in this Bill that I was reflecting on when the noble Baroness, Lady Scott of Bybrook, was talking about the problem with commissioners and appointed commissioners. Although I was arguing for a rural commissioner, if we are to have appointed commissioners, I entirely agree with the noble Baroness. There is a huge democratic deficit right across the Bill.

In many cases, we are talking about town and parish councils. We are in a situation where we need to think about creating more town and parish councils where they do not exist. Far too often, we see a traditional historic market town with a town or parish council, but also a big council estate on the edge of town which is not parochial. This is the kind of structure that we need to get power down to the people.

This amendment is really giving us a route forward in that sense. It is important to focus, crucially, on providing a direction to the strategic authorities. It returns to a point that we were discussing on a previous group about giving them direction, but is a direction to be democratic and that is something that I will absolutely defend. For instance, proposed new subsection (2)(a) has to

“consider whether any of its powers may be exercised at a more local level”,

and, where it considers that to be the case, it must act. That really is the crucial part of this Bill.

I note that the “Community Empowerment Plan” in proposed new subsection (4) of this amendment picks up what the noble Lord, Lord Lansley, was talking about in the second group. If there is one thing about this amendment, however, it is saying, “Do as I say, not as I do”. That is what Westminster would be saying by including this in the Bill, but this could be a model for Westminster to guide its own actions in future, as well as those of strategic local authorities.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Lord, Lord Shipley, for his amendment. For me, it is a little too revolutionary, but I think the idea behind it—to enable strategic authorities to further devolve any powers that they are given—is correct. I do not think they need any more powers to do that, but they do need encouragement. I believe the amendment is well intentioned, particularly in response to the Bill that seems to be doing the opposite, as the noble Lord said: it is moving all the powers up. I do, however, have concerns about the amendment and how it would work in practice.

Chinese Embassy

Baroness Bennett of Manor Castle Excerpts

Thursday 15th January 2026 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

As is usual with a planning application, all interested parties were able to submit representations to the planning inquiry when that took place, and they have subsequently been able to submit representations to the department as it considered this application. There were submissions from the Foreign Office and the Home Office and I am sure that very due consideration will be paid to those, in the original process and as the matter moves forward.

[Baroness Bennett of Manor Castle (GP)]

Mine is also a material planning question. Given the human rights abuses in China against the Uyghurs, the Tibetan people, the Hong Kongers and many others, large protests can be expected outside the embassy, and we surely want to facilitate those protests—the right for peaceful protest here in the UK. Police have expressed concern that the site is not appropriate for such protests. Is this being taken into consideration?

[Baroness Taylor of Stevenage (Lab)]

The police, like other interested parties, are able to submit their information to the planning inspector and, now, to the Minister who is making the decision. When the decision is taken—and my understanding is that the final decision will be made on or before 20 January—all the relevant submissions will be made public.

English Devolution and Community Empowerment Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Monday 8th December 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Earl, Lord Devon. I am not sure that I entirely concur with his view of Plantagenet governance, although I note that the Angevin Empire was distinctly a European structure.

I declare my interests as a vice-president of the LGA and of the NALC. I agree with much of what the noble Lord, Lord Wallace of Saltaire, said.

Democracy is at the foundation of Green political philosophy. Democracy means decisions being made locally by the people affected and referred upwards only when absolutely necessary. Despite its thoroughly misleading title, the Bill involves not devolution of power but Westminster directing what should happen in local areas, communities being disempowered by the loss of local representatives, and the imposition of a single “strong leader” model of a mayor, without any deep responsibilities for local engagement. More than that, those mayors will be subject to little local scrutiny and oversight. We heard from the noble Baroness, Lady Armstrong of Hill Top, just how wrongly that can go, through her example of the Teesworks project.

There has been much hand-wringing about the apparent loss of trust, particularly among young people, in democracy. But democracy should be about much more than an election of a single person every four years—and, as we have seen in the postponement of four of next year’s scheduled local mayoral elections, at the whim of the Government in far-off Westminster. Before we give up on democracy, we should try it.

To take one example, I will discuss Clause 59 and Schedule 25, which saw a hard-fought win by Greens and others in the other place. Those provisions will enable Sheffield and other communities—Sheffield is particularly close to my heart, as I was part of the campaign—to allow councils currently operating a committee system to keep it for varying renewable periods. That is great—a concession from Westminster for local power—but why was it necessary to fight so hard to keep local decisions in place, particularly in Sheffield, where a local referendum secured huge community support for this far more democratic model of local governance?

Why are this Government, as with previous ones, so opposed to democracy? Do they not understand what damage centralised control and direction are doing? Do they not understand that 29 councils are already in financial crisis, with a fresh warning today that more will fall into this position after the new funding settlement is announced this month? As the LGA explained today, cost and demand pressures are unrelenting, particularly in children’s and adult social care, homelessness and SEND, all areas where councils are forced, in effect, to be the agents of central government-determined statutory responsibilities. That is not local empowerment but local desperation and rightful anger at the failure of local government to deliver local priorities because it simply does not have the cash.

There is one area of positivity in local government, in town and parish councils, which, under a decade and a half of austerity, have often been forced—sometimes gladly—to pick up many of the responsibilities previously carried out by larger authorities. Many of them have done it extremely well, efficiently and democratically. But there is a problem: it tends to be the more privileged communities with longer histories—a market town, say—that have these structures, while a large, relatively new council or other estate, where representation is most urgently needed, is now further away from it than ever.

There is little time and so much in the Bill, so I will tick off some further issues that I am going to be picking up on Report. On community wealth building, rather than allowing a few to profit while the rest of us pay for privatised and outsourced services, seeing community facilities sold into developers’ hands—so often for luxury apartments, it appears—and lost as community spaces for ever, why does the Bill not take steps to allow an inclusive and democratically owned economy? That is a question for the Minister.

The environment is such a crucial issue for community health and well-being on these islands that are some of the most nature-depleted on this battered planet. I note the extensive briefings received from Peers for the Planet and the Wildlife Trusts, which stress how out of date and how very mid-2000s the Bill and the Government’s approach are.

The 2025 council climate action scorecards found that progress improved by only 5% between 2023 and 2025. We can all see, in the floods, droughts and heatwaves, how much faster we have to go. As the LGA consultation concluded,

“local authorities need statutory duties and powers, sufficient funding, and robust support to lead on climate action”.

I note that more than 500 councillors, including Andy Burnham, have signed an open letter calling for more statutory responsibilities. In Committee I will bring forward amendments, I suspect with others, to seek to address these issues.

To pick up the point made by the noble Earl, Lord Devon, and the Better Planning Coalition, the Bill is urban-focused, as are this Government. Adding rural affairs as an area of competence and, where relevant, providing for a rural affairs commissioner—if we have to have the undemocratic structure of commissioner at all—would certainly aid local democracy and ensure some catering to desperately underconsidered communities.

Finally, and briefly, resilience is a crucial issue in this age of hybrid warfare, climate, nature and health shocks, and the dreadfully fragile for-profit infrastructure on which oligopolistic multinational companies have forced us all to rely. We need to see democracy to build local resilience. The Bill will not deliver that.

Local Elections

Baroness Bennett of Manor Castle Excerpts

Monday 8th December 2025 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for his question. I am always willing to come before the House and explain the impact of our programmes on local government. We remain committed to extending devolution to all corners of England. Under the last Government, we had a patchy and inconsistent approach, which meant that some areas were moving forward quickly on this and others had not even started the journey. Our commitment is to extend that devolution to all corners of England. We confirmed on 4 December the long-term funding offer for the six areas on the devolution priority programme, and we have committed close to £200 million collectively per year for 30 years to those new mayoral strategic authorities—some of that funding will be released earlier. This is really important. In my long experience in local government, we have put off these decisions around local government for far too long, and we have ended up with local government that is not sustainable for the long term. It is time to change that now, and I am committed to doing that. I am happy to report back to the House on how that is going.

[Baroness Bennett of Manor Castle (GP)]

I declare an interest in that the Green Party candidates were already working hard in these four elections and at least two of them had a good chance of winning next year. The MHCLG has said that Ministers still intend to lay the statutory instruments for the creation of the four mayoral strategic authorities as soon as possible to allow an interim period of preparation before the delayed mayoral elections. These areas will, at that time, have access to some powers, functions and funding. Will the Government clarify what this means in practice and what powers and functions will be available during the interim period?

[Baroness Taylor of Stevenage (Lab)]

Yes, I am very happy to do that. The strategic authorities are being set up and we will have no delay in laying the statutory instruments—it is very important that those statutory instruments go ahead as quickly as possible. Those mayoral strategic authorities will have a number of functions available in the interim period to their mayoral election to make sure that they are working to encourage the investment that we all want in their areas. I will write to the noble Baroness with the detail but, just to run through quickly, they will have a general power of competence; a duty to develop a local growth plan; power to pay grants to constituent councils; power to borrow to an agreed cap; adult skills function powers; a health improvement and health inequalities duty; functions to acquire land, provide housing and build infrastructure; and responsibility for public transport and local transport planning. There is a lot for them to be getting on with.

Planning and Infrastructure Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Monday 3rd November 2025 Lords Chamber

I was not quite sure which sector she meant. I do hope it includes the open spaces sector, and I urge her to make sure that any future consideration of this issue does not make local authority disposal of these sites easier and does not reduce the democratic input on any sales through public consultation.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I follow the noble Baroness, Lady Young, with pleasure and particularly agree with her point about judicial reviews. I have visited more local communities than I can count, where they have desperately been trying to bake cakes and to collect pence and pounds here and there, struggling to stand up a judicial review and simply unable to do it. I have no nervousness at all in opposing Amendment 250, because I bring voices from the community, something I often seek to bring into your Lordships’ House, as represented by the Wandsworth and Merton Green parties and Merton Friends of the Earth, which are strongly opposed to the development by the All England Lawn Tennis Club and opposed to the kind of changes that this amendment would bring. It is also, of course, strongly opposed by the Open Spaces Society.

I want to make two specific points. The noble Lord, Lord Banner, talked about “beneficial repurposing”, saying, “Oh, it’s fine if it’s beneficial repurposing”. Beneficial repurposing, I am afraid, is often in the eye of the beholder, and there can be many different perspectives on what it is. The other contextual point I wish to add—these are figures from 2018, which will undoubtedly be out of date—is that what has been described as “the new enclosure”, from the late 1970s to 2019, has seen 10% of what was public land in Britain transferred into private hands. That is 2 million hectares of land. This is probably not large in terms of scale, but it would be yet more loss of public good for private profit, not for the people who have already lost so much. I finally note the strong vote for the recent amendment of the noble Baroness, Lady Willis, on protecting blue and green spaces: that is the House strongly showing what it wants to do.

[Baroness Hodgson of Abinger (Con)]

My Lords, I will speak to Amendment 250. I know that many noble Lords are much better versed in the law around this than I am. However, I want to touch on the point about land held in trust for enjoyment by the public. In situations where such a purchase will mean that the public’s rights of enjoyment will not be maintained, surely there should at least be extensive consultation with local communities, with their views taken into account, and where there is strong objection, surely at the very least some alternative provision should be made.

Like the noble Baronesses, Lady Young and Lady Bennett, I am concerned that this amendment will erode the rights of the general public and that they will not have a suitable, easily accessible mechanism to defend their rights or negotiate a solution to satisfy both parties. The law is beyond the reach of most normal people as it is so expensive. Judicial review would probably be off-putting to local communities not familiar with law.

If I have read this amendment correctly, it would appear to backdate this right. Surely that is very unusual and we ought to be looking to the future. I hope that when this issue is given further consideration by the Government, they will consider the rights of local people and ensure that their voices are heard and they are given primary consideration.

--- Later in debate ---

[Lord Moynihan (Con)]

My Lords, I support the noble Lord, Lord Crisp, and his eloquent explanation when moving his amendment. My amendment seeks to reinforce the points he has made. It will not surprise him to learn that not only am I fully supportive but that sports policy is no longer principally about sporting success; it is about the important link between sport, health and well-being. That is why I have for a long time argued that ministerial responsibility for sport and recreation should be firmly embedded at the heart of the Department of Health, rather than mistakenly in a separate department responsible for broadcasting, tourism and the digital economy.

Sport England, courtesy of both parties—I am glad to see the Labour Benches so strongly represented at this hour—already has a statutory responsibility and a strategic duty to promote health improvement and reduce health inequalities, primarily through its role in increasing participation in sport and physical activity among underserved and less active groups. Sport England’s primary legal duty remit has rightly broadened in recent years to encompass improving health and well-being and addressing health inequalities as central objectives, in line with government policy. This includes supporting links between the sport sector, planning and health systems, and driving changes that address barriers to activity for disadvantaged groups in particular. That is why it is the right body to be the consultee, to ensure that with Amendment 147 placed firmly in the Bill, as I hope it will be, it can police its effectiveness.

The government strategy clarifies that the aims set out in this amendment require collaboration across the sectors, including councils, planning authorities, the NHS and other parties. Sport England has the rightly expected lead role and holds measurable targets in this area, and that is why I argue that it should be the statutory consultee. In conclusion, that is why this amendment to the amendment of the noble Lord, Lord Crisp, would strengthen it and provide oversight as to its effectiveness.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly at this late hour, having attached my name to Amendments 247 and 248, so ably and clearly introduced by the noble Lord, Lord Crisp. I will make two brief points.

The first point is about the proposed duty to promote health improvement. The UK has a terrible state of public health. We are doing much worse than many other countries that we consider comparable, and that has huge human, social and economic effects. The social determinants of health—so many aspects covered by the Bill—are the major factor in why that is the case. Unless we take action, it will only get worse.

My second point is about the second chief element of the proposed new clause: the Secretary of State’s duty to “reduce health inequalities”. The King’s Fund defines health inequalities as

“avoidable, unfair and systematic differences in health between different groups”.

In assessing this issue, it points to life expectancy, which varies across England by almost a decade, and healthy life expectancy, which varies between the poorest and the richest areas by 18 years.

My question to the Minister and the crowded Benches opposite, is: how can a Labour Government or Labour Peers oppose this amendment?

[Lord Hunt of Kings Heath (Lab)]

My Lords, I will make a couple of comments. Clearly, my noble friend the Minister will no doubt say that this is outwith the intention and focus of this legislation. I sympathise with that; it is the answer to the noble Baroness, Lady Bennett. However, as a former distinguished chief exec of the National Health Service, the noble Lord, Lord Crisp, is right to pinpoint that there are some gaps between the needs of health and healthcare and the planning system. I hope that my noble friend the Minister will be able to give some reassurance that, as we go forward—we have an NHS Bill coming in the next Session—there will be ways to find that some of the noble Lord’s key points will be embraced in both the planning and the National Health Service system.

Planning and Infrastructure Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

In CIWEM’s view, SUDS address all those challenges, many of them simultaneously if they are designed well. It says that the Government’s recently introduced national standards for sustainable drainage systems set out good practice design requirements for such multifunctional SUDS, but that until there is a mandatory approach, as recommended by the Pitt Review following the floods of summer 2007, it believes that there will be no change. It argues forcefully for a mandatory approach to SUDS for major developments and an end to the automatic right to connect. With those few remarks, I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, my noble friend Lady Jones of Moulsecoomb attached her name to this amendment in the name of the noble Baroness, Lady McIntosh. It is a great pleasure to follow the noble Baroness, who waited with such patience to present this terribly important group of amendments. It is disappointing that the length of the day and the hour mean that this group will not get the kind of attention it deserves, but it is worth highlighting the breadth of political and non-political support for this amendment. It is also signed by the noble Baroness, Lady Willis of Summertown, one of our acknowledged experts in this general space, and by the noble Baroness, Lady Young of Old Scone.

I will make two additional remarks. We have already had a comprehensive introduction to the background, the very long history and the arguments for this. I am sure some noble Lords here were at the Lord Speaker’s Lecture this week, given by the noble Baroness, Lady May, who is not currently in her place. One of the MPs there asked: “Isn’t it really a problem that constituents today expect the Government to fix things in an hour or a day, just like they get something delivered from the internet?” Maybe it is, but I think 16 years is quite long enough for people to wait for the implementation of Schedule 3 to the Flood and Water Management Act.

There is a real issue here. The public often think that once the Government have announced something it is going to happen—and that is something we need more political education on and awareness of—but surely they have the right to believe that, once a law has been passed, having been through all the scrutiny and effort such as we are putting in now, it will be implemented. It has been carefully examined and is understood to be a good idea, and the people expect it to be delivered, and it brings politics into disrepute when it is not—that is the small “p” political argument for this amendment.

On the broader argument for SUDS generally, I have visited many such schemes, but the one I point noble Lords to—it is well worth visiting for those who have not seen it—is at the LILAC co-housing scheme in Leeds, which is essentially built around a central pond that all the water on the site drains into. We have spent many hours talking about how important green spaces are and how important supporting biodiversity is. We unfortunately did not get to vote, but we spent a lot of time talking about how important play space for children is. This is a way you can use SUDS. Well-designed SUDS can deliver so many other things that the Government say they want and that the House has said it wants. This is simple, practical common sense on how we should be designing the kind of communities—not just housing—that we desperately need.

[Baroness Coffey (Con)]

My Lords, I have a particular attachment to this amendment. I think it is fair to say that, when I went back into Defra, I was pretty surprised that we had not made any progress in getting Schedule 3 sorted. Yet again, it was the part for housing that had put a block on it, on the basis that apparently it was going to cost more money. But all that does, in a different way, is transfer the costs, both societal and financial, from a developer trying to put together a community to the billpayer, and those costs are potentially higher. I know that we managed to secure, and the Government have continued with it, over £96 billion from the water companies to address certain things to do with sewerage. This is one of those ridiculous situations where there is an obvious answer. As my noble friend Lady McIntosh has already mentioned, Sir Jon Cunliffe has said this should be done. Why has it not been done?

Actually, not just the committee from the Commons but also the committee in this place were very supportive and delighted that, when I was in post briefly for that year, we were going to get things done. We did the review, managed to get DLUHC over the line, and then managed to put out confirmation of a policy we were going to do. We were going to do a consultation. That got going as well, and then the election happened. Do not get me wrong: I understand why this might not be a top priority for a Government coming in, despite this whole issue being one of their key campaigning messages in the 2024 election. Here is the solution, ready-made, that they could just do at the stroke of a pen. That is why it a concern that we are not at this point yet.

--- Later in debate ---

[Baroness Young of Old Scone (Lab)]

My Lords, it would be exceptional if I did not support this amendment, in that it takes the provisions of my Private Member’s Bill and puts them into the amendment—so it would be a bit two-faced of me if I did not support it.

The noble Baroness, Lady Grender, has laid out clearly what the issue is. It is a very important issue in the public domain. We saw the outpourings that happened at the Sycamore Gap, and we see every year in the Tree of the Year competition just how many people exert themselves to vote for their favourite heritage tree. We have the beginnings of a register of these trees already in existence. I believe that my optimism, which was raised when the Government commissioned the Tree Council to put forward a report on what should happen, deserves a bit of encouragement, because, as yet, we have not had a very satisfactory response to the Tree Council’s research.

In Committee, I summarised the Government’s position as being that they felt that by saying that these trees were irreplaceable habitats was simply sufficient—but it is clearly not, as they are increasingly being damaged either by demolition or by poor management, so being called an irreplaceable habitat is not having any impact whatever. The second worry that I had in Committee was that, although the Tree Council had come forward with recommendations, it was clear that the Government were not planning to do very much as a result of them. It would be good to hear from the Minister tonight that, with this having been reflected on, there has been a change of heart, and I look forward to the Minister’s response.

[Baroness Bennett of Manor Castle (GP)]

My Lords, having also attached my name to this amendment, for reasons I shall get to in a second, let me say that it is a great pleasure to follow the noble Baroness, Lady Grender —and the noble Baroness, Lady Young, in particular, as she has been our champion in this space.

I am going to speak about two groups of trees in Sheffield. Members of your Lordships’ House may remember the great Sheffield tree controversy and the struggles that the whole city went to to defend its street trees. Two groups of those would, I think, have been covered by a heritage tree preservation order. One was about 40 trees on Western Road that had been planted in 1919 as a living memorial for the soldiers killed in the First World War from that community. The council planned to cut them down. There were paintings by artists underneath the trees and a huge march in World War I-style uniforms from the trees down to the town hall, and a huge campaign that demonstrated just how important those trees were to the community, and nearly all of them were saved.

On the other side of the city, in a much more deprived area, there were two cherry trees that were planted to commemorate two brothers killed in the Second World War. They were just cut down and people were deeply shocked. We have talked a lot in your Lordships’ House, throughout the passage of this Bill, about how nature is terribly important to people’s health and well-being, but here we are talking about individual trees that communities have an individual relationship with and that desperately need protection. They are part of their history, part of their future. At the moment, we do not have ways of protecting them, except for communities going to the kind of extraordinary efforts that the people in Sheffield had to go through to save those trees that they did manage to save.

I will make one other point. Poland has a green monument system that marks tens of thousands of trees across Poland, and Romania has a similar scheme. Britain is supposed to be really keen on nature and really keen on heritage, and look how far behind we are.

[Lord Fuller (Con)]

My Lords, I support Amendment 199 because I think it is important that we protect and recognise our historic trees. I am thinking not just of the highway and byway trees; there are some really special champion oaks in South Norfolk, where I was the leader of the council. We took steps to recognise them, bring them into the local plan and give them special designations. They form the basis of the strategic gaps between settlements, which is not just a good thing for the landscape; it also maintains that spirit of community.

I am thinking in particular of Kett’s oak, which is a champion oak said to be over 500 years old—it might be more—sat there on the B1172 between Norwich and Wymondham. It was the site of Kett’s rebellion, where Robert Kett marched 16,000 people to Mousehold Hill in Norwich, having had a petition of 29 demands. I expect the Government to want to knock this one back, but I note the context of that historical nature, as well as the landscape importance. Some of Kett’s demands were to limit the power of the gentry and to prevent the overuse of communal resources. It did not do him any good—Kett was executed on 7 December 1549 —but it is part of the lexicon. I am conscious that my noble friend Lady McIntosh is going to take me outside and duff me up afterwards. I hope I do not suffer the same fate as befell Robert Kett.

My serious point is that having a national register of important trees is not just important for biodiversity and all that sort of thing; they are part of our history and culture, and these are things to be celebrated. I warmly endorse and support Amendment 199, with my personal knowledge of Kett’s oak, and other noble Lords will have similar stories from their own areas. I suppose the salutary lesson is that when that Sycamore Gap tree was felled, quite terribly, in Northumberland last year, there was a national outpouring. Amendment 199 attempts to capture that sense of pride and purpose, and it has my full support.

Planning and Infrastructure Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 29th October 2025 Lords Chamber

[Baroness Young of Old Scone (Lab)]

My Lords, I thank the noble Baroness, Lady Willis, for her introduction to this amendment, to which I put my name.

I have read carefully what the Minister said in Committee and during the various meetings that have taken place, which she kindly arranged. I am comforted somewhat by the assurances given that both local plans and spatial strategies will be required to take account of the habitats and species regulations and to conduct appropriate environmental assessments. As the noble Baroness, Lady Willis, outlined, the aim of these amendments—in conjunction with Amendment 130, which we will debate later—is very much to encourage as much of the heavy lifting on habitats regulations compliance as possible to be undertaken in advance of planning applications, in order to guide developers away from more sensitive sites so they can achieve a faster trip through the planning process.

There is, however, one issue that remains unresolved in my mind, which is the question raised by Amendment 116 as to whether the spatial strategies will be required to take account of the land use framework. I was encouraged on Monday when the Minister spontaneously referred to the land use framework. At least that must mean that the land use framework is still alive; I thought it might have been parked by new Ministers. Perhaps the Minister could assure us about the relationship between strategic spatial plans—and indeed local plans—and the land use framework, and when we might expect to see the land use framework. If used properly, it would obviate many of the requirements of Part 3 by having a rational approach to competing land use demands.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I have attached my name to Amendment 115, so ably introduced by the noble Baroness, Lady Willis, and addressed by the noble Baroness, Lady Young of Old Scone, who is of course our total champion on the land use framework. I share her desire to see progress in that area as soon as possible.

I will just highlight what this is about and why we should have these amendments. The noble Baroness, Lady Willis, said that the question being asked is, where can we cause damage? That is what will happen. We are talking about the sites and species protected by the habitats regulations, which are of the highest international importance. The noble Baroness, Lady Young, said that we have had reassurances from the Minister that this is taken into account in local plans. I would be interested to hear what further reassurances the Minister can provide, because I do not think that that is what is happening. We are continually told, “Don’t worry about this. We don’t need this amendment because this is already happening; it is already covered by existing rules, regulations and laws”, but we all know that these things are not happening. Perhaps the Minister can answer that question. If those are indeed the rules, why is this not happening and what will the Government do to make sure that it does?

[Baroness Grender (LD)]

My Lords, I rise to address Amendments 115 and 116, introduced with such eloquence by the noble Baronesses, Lady Willis of Summertown, Lady Young and Lady Bennett. These amendments attempt to reinforce safeguards within our planning system on a very strategic level. They are precise and would embed formal compliance with the Conservation of Habitats and Species Regulations 2017, and they go directly to the preparation of local plans and spatial development strategies. They would ensure that environmental due diligence is not left until the late stages, when it is most vulnerable to oversight or to legal challenge—an aspect of the Bill that makes us very nervous.

Amendment 115 would oblige local planning authorities to conduct strategic environmental impact assessments for every site considered for development during plan making, and it would require that the plan’s compliance with habitats regulations be established from the beginning. This would ensure the first step of something close to our hearts in this Chamber, and which I hope we will discuss later in considering other groups: the all-important mitigation hierarchy. Avoidance of harm to sensitive habitats in advance would be actively enforced before development locations are finalised. The current system’s reliance on site-by-site reactive checks too often leaves nature protection exposed to the risk of retrospective fix or reactive compensation.

Amendment 116 would extend this by compelling authorities to guarantee habitat regulation compliance at the highest strategic levels. Both amendments would make environmental improvement an explicit statutory purpose within planning, a principle that aligns tightly with our belief on these Benches that operational planning must be future-facing and nature-positive, rather than solely a mechanism to accommodate growth. Their adoption would help steer development to appropriate places, supporting broader non-negotiable national goals to halt and reverse nature decline by 2030 and double nature by 2050. I very much look forward to hearing the Minister’s response to both amendments.

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[Baroness Neville-Rolfe (Con)]

Sorry, Lady Hayman. The noble Baroness is always an ally on the topic of small businesses, which is the subject of my Amendment 121G; I will concentrate on this rather than on gambling premises, which are also considered in this group. The noble Lord, Lord Foster of Bath, spoke with great eloquence, for which I thank him.

I tabled Amendment 121G following our discussion on Amendment 119. It is an attempt to persuade the Minister to think again. Although it was a late debate, there was considerable support in the House for my attempt in Amendment 119. I continue to prefer that formula and am planning to divide on it; however, this alternative formulation would ensure that the public bodies discharging duties under the Bill gave due consideration to the difficulties often faced by SME developers in engaging with the planning system. Such businesses, spread across the country, could make a much larger contribution to the Government’s house- building target of 1.5 million homes. The achievement of this target is going backwards—as we know from the leaked letter sent by the Home Builders Federation to the OBR—with productivity, which I care a lot about, also adversely affected.

Small entrepreneurs are the lifeblood of this country. If they are freed up, as we recommended in the cross-party report by the Built Environment Committee on demand for housing, they can make a huge difference. The difficulties that they face have meant that, in the past 30 years or so, the share of smaller operators in housing has officially declined from 39% to 10%; actually, I heard from a noble Lord last week that it has now declined to a new low of 9%.

The good news is that there seems to be a wide measure of agreement that we must reverse this trend. I believe that we must use the Bill to make things easier. My new amendment, to which it may be easier for the Government to agree, would introduce a duty to reduce the difficulties faced when engaging in the planning process, but it would do so in planning guidance. This would leave the Minister much more room for manoeuvre than my previous amendment did. It would ultimately be for MHCLG Ministers to decide how best to achieve the shift towards SMEs, and to translate that into guidance, but we must have in the Bill a reference to reducing barriers for SMEs if such businesses and their charitable counterparts are to start resuming their historical place in housing.

The changes in the site size thresholds working paper, which the Minister referenced, are generally welcome. However, we need something more concrete to deliver the crucial diversification of housing. For example, perhaps we could have an SME target for local authorities, Homes England and/or Natural England—or some other means; that can be decided on later—but a reference to the SME mission, which the Government purport to support, is needed because, in Whitehall and among these bodies, there is limited support for small businesses. I know this from my long career in dealing with all of them.

As noble Lords know, I am passionate about reducing barriers for SMEs. Referring to this in the Bill is, I believe, the way to inject more competition, diversity and enterprise into the sector. SME building in small developments is good for community cohesion, local employment and, above all, growth. It is extraordinary that there is nothing in the Bill to promote it. I hope that the Minister will be willing to agree to amend the guidance accordingly, either in a formal undertaking to the House—going beyond the consultations that are going on—or through a government amendment. She would gain many plaudits, and I encourage her to think again.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall speak solely to Amendment 117 in the name of the noble Lord, Lord Foster of Bath, to which I have attached my name. The noble Lord has already introduced it eloquently and powerfully, but I want to add a bit of context and a little more information to what he said.

The context is that, at the Treasury Select Committee yesterday—it was, of course, talking about taxing gambling rather than licensing it; none the less, this is a relevant comment—the head of the Betting and Gaming Council was asked about the social ills of gambling. She said that there is no social ill and that the industry is doing

“everything that it possibly can in order to mitigate any harms that may be caused by our products”.

I would suggest that that testimony is either not honest or is astonishingly, unbelievably ignorant. What the industry is doing is everything possible to make money. We have an extreme inequality of arms. You have the industry, and then you have local authorities—particularly those in deprived areas, as the noble Lord, Lord Foster, said—that cannot do anything to stop the social ill and the damage that they can see being done.

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[Baroness Taylor of Stevenage (Lab)]

As drafted, the amendment would require planning authorities to make decisions based on assessments published by the licensing authority, effectively placing planning and licensing authorities into potential conflict with one another. It would also not provide for the licensing authority to assess licensing applications with respect to its own cumulative impact assessments. I hope that that is helpful. Turning to Amendment 121G—

[Baroness Bennett of Manor Castle (GP)]

Just before the Minister moves on, I am puzzling over the use of the word “scope” here. We seem to have two different understandings of scope. This is within scope of the Bill; that has been agreed by our experts in the Legislation Office. Yet the Minister is saying that, in the Government’s view, it is somehow not in scope. Can she say what the difference is between scope as defined legally and scope as the Government are defining it?

[Baroness Taylor of Stevenage (Lab)]

I am loath to explain the Legislation Office’s rationale. I am surprised that the amendment was allowed for the planning Bill, but we are where we are. I am trying to respond as straightforwardly as I can: we want to put this cumulative impact assessment in as quickly as we can, but we do not believe that this Bill is the right place for it. We want to put it in a Bill where it is in scope and will do that as quickly as possible.

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Moved by

[Baroness Bennett of Manor Castle]

121E: After Clause 52, insert the following new Clause—
“Play sufficiency duty(1) A local planning authority in England must, so far as reasonably practicable, assess, secure, enhance, and protect sufficient opportunities for children’s play when exercising any of its planning functions.(2) In fulfilling the duty under subsection (1), a local planning authority must—(a) undertake and publish play sufficiency assessments at intervals to be defined in regulations;(b) integrate the findings and recommendations of such assessments into local plans, relevant strategies, infrastructure planning, and development decisions;(c) not give permission for any development which would lead to a net loss of formal or informal play spaces except where equivalent or improved provision is secured;(d) require new developments to provide high-quality, accessible, inclusive play opportunities which incorporate natural features and are integrated within broader public spaces;(e) consult regularly with children, families, communities, and play professionals regarding play provision.(3) A play sufficiency assessment produced under subsection (2)(a) must specifically evaluate and report on the quantity, quality, accessibility, inclusivity, and integration of play opportunities within the planning authority’s area.(4) The Secretary of State may, by regulations made by statutory instrument, specify—(a) the frequency, methodology, content, and publication requirements of play sufficiency assessments;(b) minimum design standards and quality expectations for formal and informal play provision;(c) developer obligations regarding play infrastructure contributions to be secured through planning conditions.(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.(6) For the purposes of this section—“play” means activities undertaken by children and young people that are freely chosen, self-directed, and carried out following their own interests, in their own way, and for their own reasons;“play opportunities” include formal and informal play spaces, parks, open spaces, streets, schools, neighbourhood spaces, natural green areas, active travel routes, supervised play settings (including adventure playgrounds), and community recreation facilities;“sufficient” means adequate in quantity, quality, accessibility, inclusivity, and integration within community infrastructure.”Member's explanatory statement
This amendment seeks to ensure that planning authorities must take all practicable steps to ensure a sufficiency of play opportunities for children.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it was my intention, as signalled, to call a vote on this amendment. I believed we would have significant support from other parties, as I knew I was going to have from the Cross-Benchers. But without this, I am left in a position where I can do nothing but see the children in England fail to get the support for their health and development through play that those in Wales and Scotland now enjoy.

The Deputy Speaker decided on a show of voices that Amendment 121E was disagreed.