Local Authorities (Changes to Years of Ordinary Elections) (England) (Revocation) Order 2026

Baroness Taylor of Stevenage Excerpts

Tuesday 21st April 2026 Lords Chamber

I ask the Minister: what specific steps have been taken to ensure that future explanatory memoranda actually explain in full the Government’s legal U-turns? Will the Government commit to a statutory protocol for consulting parish and town councils when their election cycles are disrupted by principal authority changes? We on these Benches affirm the importance of these elections proceeding, but we must ensure that the indecision and lack of transparency cited in this regret Motion never becomes a standard operating procedure for the department. The Minister’s responses to some of the issues raised will give us either confidence or no confidence that the department has got a grip and will not allow this ever to happen again.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I am pleased to respond to this regret Motion for the Government. Before turning to the order itself, I think it is worth setting out the wider context for the local government reorganisation programme. We are on track and making good progress, including elections scheduled this May for east and west Surrey ahead of an April 2027 go live date, giving new councils stability and a clear mandate. We have also announced decisions in four further invitation areas: Essex, Southend-on-Sea and Thurrock; Hampshire, Isle of Wight, Portsmouth and Southampton; Norfolk; and Suffolk.

These are decisions that will improve how local government works for over 6 million people, with the next tranche on track to deliver decisions for summer 2026. This demonstrates that our ambitious reorganisation programme is on track to deliver the real benefits that we intend from it, and to deliver on the biggest devolution of power, finance and control, as the noble Baroness, Lady Bennett, described it, to local people in a generation.

Turning to the order itself, I add my thanks to those already expressed around the Chamber to the Secondary Legislation Scrutiny Committee. My noble friend who chairs that committee has been very helpful to me in debating some of the issues that have arisen during these debates.

Changes to election timing are not taken lightly. They have been used only where there is strong justification, closely linked to supporting effective local government reorganisation. In recent years, that has included areas such as Cumbria and North Yorkshire, where adjusted timetables helped provide stability during transition to new unitary councils. That same practical rationale underpins its more recent use, including in Surrey, where reorganisation is critical to ensuring the financial viability of that area’s councils.

Of course, I recognise that concerns have been raised about local democracy. Democratic legitimacy matters profoundly; people must have confidence that their vote counts and their voice is heard. But they must also have confidence that the structures into which representatives are elected are capable, sustainable and fit to deliver the services on which communities rely. Our responsibility is to safeguard both, and that applies to all parties in this House which are responsible in government. That balance has guided the Government’s approach throughout the reorganisation programme, including in listening carefully to concerns raised by councils themselves and considering the appropriate approach to election timing within the wider context of effective transition.

As the House will know, the Secretary of State’s original decisions followed representations from local authorities. In 30 areas, councils set out evidence on the challenges of delivering structural change alongside full ordinary elections, and the view that postponement would release essential capacity to deliver reorganisation. I know that the noble Baroness, Lady Scott, gave us some of the timetable, but I want to go back to before the timetable that she outlined.

On 18 December 2025, the Minister wrote to 63 councils scheduled for May 2026 elections inviting representations on whether postponement would release essential capacity, with a deadline of response by 15 January. We received 500 representations from councils, MPs, the Electoral Commission, parish councils and members of the public. Clarification letters were sent on 19 January to four councils where the position was unclear. The Secretary of State assessed each council individually, considering evidence of capacity constraints—that is, political, senior officer and electoral returning officer impact—as well as financial implications, democratic considerations and wider representations.

On 22 January, we announced the intention to postpone elections for 29 councils and allow 34 to proceed. We then received further representations from Essex County Council and Pendle Borough Council for decisions to be reconsidered. On 29 January, we confirmed the final position of 30 council elections postponed and 33 to proceed. That preceded the timetable that the noble Baroness, Lady Scott, set out; I just wanted to clarify how we had got to that situation on 5 February.

Decisions were therefore taken on a case-by-case basis, informed by all those representations, and were in line with the existing precedent for aligning electoral cycles with periods of structural transition. Following the receipt of further legal advice, the Government revoked that decision. That revocation was given effect through the order now being debated in the House. The decision was taken to provide certainty for councils, candidates and voters, with the result being that all elections originally proposed for postponement will proceed in May 2026, and preparations for those elections are continuing on the restored timetable.

[Lord Lansley (Con)]

The Minister has not told us at all, and nor indeed does the Explanatory Memorandum tell us, the nature of the legal vulnerability that was implicit in the decision to reconsider. The fact that the decision had to be taken by an independent Minister in her own department, not by the Secretary of State, suggests that there was a significant flaw in the original decision that was made.

[Baroness Taylor of Stevenage (Lab)]

I was coming to the legal advice and I will do so. I hope the noble Lord will be patient for a moment while I get to that part.

Looking beyond the delivery of the current local elections, the Secretary of State said on 23 February that the Government would reflect carefully on the concerns raised by your Lordships about the use of these powers during the passage of the English Devolution and Community Empowerment Bill, particularly the concerns expressed about postponing elections for more than one year where a council is undergoing local government reorganisation and the risk that repeated delays to elections can weaken the democratic mandate of councillors.

Against that backdrop, the Government tabled an amendment on Report to prevent double postponement for reasons connected with reorganisation. That is a concern that the noble Baroness, Lady Bennett, expressed. Again, I thank opposition Peers, particularly the noble Baroness, Lady Scott, for supporting that amendment, which your Lordships agreed on 13 April. This demonstrates that the Government remain focused on ensuring that reorganisation is delivered in a way that is orderly, provides clarity and certainty over electoral arrangements and is capable of supporting strong local services from day one.

To support that transition, the Government are providing targeted capacity support to councils undergoing reorganisation, including up to £63 million in funding to help manage the process while continuing to deliver for residents. I hope that picks up the points about funding raised by the noble Lord, Lord Porter. I wish I could find that magic sofa in Marsham Street. If he has any advice from previous Ministers who worked there, I ask him please to tell me where it is because I would like to find it. The noble Lord, Lord Lansley, also raised points about financing.

Taken together, these steps reflect a balanced approach, safeguarding local democracy, providing certainty on election timing and giving councils the tools they need to move through reorganisation successfully. For these reasons, the Government consider that the approach now in place provides clarity, accountability and a sound basis for effective transition. I am grateful to your Lordships for the care with which these issues have been considered, and I will respond to some of the points made during this short debate.

[Lord Scriven (LD)]

The logic of the Government’s original position clearly was not logic at all, because if the elections can now take place, as well as the reorganisation, this postponement was not required at all, was it?

[Baroness Taylor of Stevenage (Lab)]

The postponement was done at the request of the councils concerned, which had concerns about capacity. I think some of them may still have those concerns, but we are supporting them through that process. As my noble friend Lord Davies has said, decisions have been taken in the past to postpone elections, and there is still the power to do so when necessary, but we wanted to avoid the double postponement that some of these would have caused.

On capacity, I first pay tribute to all our local elections officers and returning officers and the staff who work in their teams. They do an amazing job and, as we all know, they have a proven ability to deliver elections—sometimes a snap general election, or by-elections when they occur—and mayoral polls at very short notice. Returning officers and suppliers have been fully supported to bring plans up to date at pace, and the decision provides the certainty that councils now need to manage logistics effectively. Spending on local elections themselves is of course a matter for local councils.

--- Later in debate ---

[Lord Hayward (Con)]

I support very strongly the position that law officers’ advice to government should remain confidential, but is it absolutely clear that the advice on which the decision to revoke the postponement of the elections was taken was markedly different from the legal advice provided previously? To be blunt, there is a suspicion in many people’s minds, probably quite reasonably, that it was the imminence of a judicial review four days after the announcement that resulted in the change of government position, rather than a change in legal advice.

[Baroness Taylor of Stevenage (Lab)]

I feel that the noble Lord is pushing me to do what I have just said I cannot do, which is to disclose the legal advice—I am going to stick to that line. The decision was, as he rightly says, taken by another Minister in the department because the Secretary of State had already been involved in the decision. I think we put the guardrails in place to make sure that was done in accordance with what we would all expect to happen. We will stick to the convention of not disclosing the legal advice put before that Minister.

I wanted to talk about my noble friend’s comment about previous elections that were cancelled. There were 17 elections delayed between 2019 and 2022 by the last Government to prepare for local government reorganisation, including in Weymouth and Portland in 2018, Aylesbury, Chiltern, South Bucks and Wycombe in 2019 and Cumbria, North Yorkshire and Somerset in 2021, so there was precedent for that. We took that into consideration when local authorities made representations to us.

I will just go into a little more detail on the questions raised by the noble Lord, Lord Hayward. The decision was updated following legal advice and the Government acted promptly and responsibly in light of that advice. Where decisions are revisited following legal advice, as I have said, it is entirely appropriate for a new Minister to look at that advice and now all 30 elections will proceed as scheduled in May 2026, and a revocation order was laid in Parliament in February to give effect to that decision. We engaged rapidly with councils and issued written confirmation without delay and are supporting them with their updated plans. This was done at pace. We have always said that a decision would be made on the basis of evidence available to us at the time and that is what has happened. The Government’s ambition remains to simplify local government by ending the two-tier system and establishing new single-tier unitary councils.

The noble Lord, Lord Scriven, raised the issue of town and parish consultation. I understand his point, but there was never an intention to cancel town and parish elections. I understand his point about finances and will give that further consideration. On his point about statutory inclusion of things in Explanatory Memorandums, again, I will take that away. I understand the point he is making, and we need to think further about how that might work.

In conclusion, I hope I have set out the Government’s explanation of the timeline and exactly what happened in this case. I hope I have responded to the concern of the House, both in what I have said today and in the action taken to put an amendment forward to the English Devolution and Community Empowerment Bill. While recognising the concern that has been expressed around the House, I hope the noble Baroness will withdraw her Motion.

[Baroness Scott of Bybrook (Con)]

Before the Minister sits down, can I ask about the £63 million? Has this already gone out to local authorities? If it has not, when will it go out?

[Baroness Taylor of Stevenage (Lab)]

I cannot answer the specific question of whether it has already gone out, but we have notified local authorities of what will be coming to them. When we spoke to them about the decisions taken as a result of the reorganisation, we spoke to them about funding as well. I will write to the noble Baroness with information on whether that money has gone out the door yet.

[Baroness Scott of Bybrook (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this short debate and to the Minister for her response. However, I reject the premise of the blame game that the Government are seeking to play. The power, responsibility and ability to cancel local elections lie with the Government and the Government alone. They made the decision to cancel these elections and then they made the decision to reinstate them.

I welcome the steps now being taken, in the English devolution and so-called community empowerment Bill, to put this matter on a clearer footing for the future and to ensure that this can never happen again. Although the Government did not go quite as far as we wanted them to, I am pleased that the House’s scrutiny has brought us to this point. This is just one of many examples of your Lordships’ House demonstrating the vital and constructive role it plays as a revising Chamber.

I will not be pressing the Motion to a vote today, but I hope the Government take a clear message from it: councils must be properly supported and transparency must be the rule and not the exception for proper, functioning democracy. Before I sit down, I would like to place on record our thanks to all the local authority election staff and their returning officers, given the extra work this has caused. We know that they will deliver a safe, secure and efficient election on 7 May.