English Devolution and Community Empowerment Bill (Third sitting) Debate
Full Debate: Read Full DebateDavid Simmonds
Main Page: David Simmonds (Conservative - Ruislip, Northwood and Pinner)Department Debates - View all David Simmonds's debates with the Ministry of Housing, Communities and Local Government
(1 day, 19 hours ago)
Public Bill CommitteesI echo the Minister’s welcome, Sir John. It is a pleasure to serve with you in the Chair.
We will refer to a good deal of evidence on all parts of the Bill, but it is important to set out briefly—in terms equivalent to those used by the Minister—the concerns that the Opposition continue to have about the significant democratic deficit that arises from the measures in the Bill; the risk of losing the efficiency and local insight that come from many of our local government structures; and, in the context of a country that already has fewer elected representatives per voter than any other developed democracy in the world, the impact of stripping out, by some estimates, up to 90% of elected representation. I therefore echo your comments, Sir John, on the importance of scrutiny of the Bill. Local authorities are the means by which our voters, our residents, exercise control over what happens in their neighbourhoods and communities. It is critical that the legislation gets that right.
We absolutely recognise the hon. Member’s point about democracy. Directly elected mayors can play a powerful strategic role. They are a key new part of the devolution architecture that we have seen work well across the country. I point to Greater Manchester, which has delivered the fastest growth of any local economy. They sit alongside strong democratic structures that we will have in local government. The Bill is complementary to that and does not cut across or undermine those structures.
The amendment relates to the fact that the new strategic authorities simply must be tasked with reducing inequality as well as creating growth. We know that growth for growth’s sake does not trickle down or help everyone equally. The strategic authorities must be tasked with understanding, measuring and reducing socioeconomic inequality. The socioeconomic duty in the Equality Act 2010 is not yet commenced for England, but if it were the amendment would have to be made.
The amendment would make poverty and socioeconomic inequality an area of competence for devolved authorities, ensuring they can take action to address the root causes of disadvantage in their areas. As co-chair of the all-party parliamentary group on poverty and inequality, this is an issue close to my heart. In July, the officers and I sent a letter to the Secretary of State for Education and the Minister for Women and Equalities to ask about the urgency of commencing the socioeconomic duty. We said,
“The urgent need for the duty could not be clearer. Rising child destitution, increasing reliance on foodbanks and untimely excess deaths attributable to austerity policies all highlight the imperative for a legal tool to reduce socio-economic inequalities”.
We also said,
“Activation of the Socio-Economic Duty marks an important shift from piecemeal responses to rising poverty and widening inequalities, to a proactive systemic approach, embedded across all policy areas”.
The Bill is an opportunity to embed those principles.
I do not believe that these two actions—the commencement of the duty and the writing of this Bill—are mutually exclusive in achieving these goals. I cannot see why, given the Government’s promise to enact the duty, the new bodies should not be set up with it in place and in mind. I know that organisations including many local authorities are already preparing to comply with it in England. Towards the end of last year, one of my Green party colleagues on the London Assembly questioned the Mayor of London with some urgency about the work that he is doing with local authorities and agencies across London to prepare for this. We are now approaching the end of this year and it is still not in place. I believe that the Bill is the right place to start putting this into legislation.
I do not plan to push the amendment to a vote, but I would like to hear more from the Minister about when the Labour Government plan to bring the duty into force, and what plans Ministers have to use a statutory instrument to apply it to strategic authorities and mayors. Even if they will not accept the amendment, I would appreciate anything on the record asking those bodies to get ready for the duty, so that when they are set up, they can hit the ground running on addressing poverty and inequality in their areas.
The Opposition have some sympathy with the amendment, but we spent time reflecting on its implications and appropriateness for the Bill. I suspect that, to a degree, the Minister and I agree on this point. If we reflect on the legislative framework around our local authorities from their earliest origins, the relief of poverty and addressing inequalities—the duties that the amendment refers to—have been enshrined. It goes back as far as the Poor Laws, but in more recent years the National Assistance Act 1948 compelled all local authorities to support those destitute in their areas, and the Localism Act 2011 gives scope for local authorities to use their economic powers through activities such as procurement in ways that specifically benefit the local area.
The Levelling-up and Regeneration Act 2023, which was much debated and broadly had cross-party support, is reflected in a lot of this Bill. It was specifically about local authorities using their powers to support the economy of their local area. Just a short time ago, some of the members of the Committee were in this room debating the Planning and Infrastructure Bill, in which the Government set out a vision—contested to some extent—about how those measures affecting local authorities will address persistent issues of inequality. We recognise that sometimes that is about legislation, but sometimes it is about Government action.
Mention has been made of food banks, which were rolled out under the last Labour Government as a means of addressing persistent issues of poverty. I remember them being opened during my time as a local authority councillor, and Gordon Brown visiting and saying, “This is an example of how we expect local authorities to address some of these persistent issues.” Local authorities already have these duties at both the strategic and the micro level. I question whether it is necessary to add an amendment that, in essence, reflects existing duties throughout all the different tiers of local government in England.
I shall start by setting out the purpose of clause 2, then turn to amendment 261. The clause provides some broad thematic policy areas under which functions and powers of strategic authorities are arranged in the Bill. Defining those areas on the face of the Bill will bring clarity and purpose to the role of strategic authorities, which all parties agree we need to do. We want to empower mayors, who know who their areas best, to respond to local needs, so they can be the ones driving change and improvements in economic prospects and living standards and poverty. These thematic policy areas are deliberately broad, to allow for a wide range of activities.
I have a lot of sympathy with the intention behind amendment 261. Alleviation of poverty and tackling socioeconomic inequality should be a core part of what we do and a core metric of economic success. However, as the hon. Member for Ruislip, Northwood and Pinner set out, those duties are already baked into the very function and purpose of local authorities and, critically, they cut across all the thematic areas that we have set out.
Amendments 4, 28 and 29 seek to ensure that this is a genuinely community-led devolution—I am sure that we will repeat that many times throughout the morning. Fundamentally, the Bill seeks to move decision making closer to home, which we welcome. However, closer to home needs to start at home, and we want it to be councils that take the initiative to establish a single foundation authority, not the Secretary of State. We also believe that the public should play a role, and therefore this process should involve consultation, which we believe these amendments will provide.
This is a really important issue for us; we think it is fundamental to the whole concept of devolution. As a result, my hon. Friend the Member for Stratford-on-Avon will speak to these amendments in more detail, and we will push amendment 4 to a vote.
We know there will be quite a degree of debate on this in due course. We sympathise with the objectives of the amendment, and we all share the concern that local people should be the ones who initiate change in the structures that govern their local areas, not the Secretary of State or the man in Whitehall who knows best. Therefore we have sympathy with the objective, and we shall return to that debate later on with some of the amendments around the structures.
It is a pleasure to serve under your chairmanship, Sir John. Amendments 4, 28 and 29 would make English devolution genuinely local by ensuring that local consent and public consultation come first. Amendment 4 would change clause 3 so that local authorities must apply to the Secretary of State themselves to become a single foundation strategic authority, rather than Whitehall imposing devolution on local councils. Amendments 28 and 29 would remove the parts of schedule 1 that would allow the Secretary of State to prepare a proposal for there to be a mayor in an existing combined authority area, and for the establishment of a combined county authority, without public consultation.
One of the greatest criticisms of the Bill is that it proposes a top-down, Whitehall-led devolution, which is not really devolution at all. In my county of Warwickshire, the choice of which strategic authority we create, form or join must come from local elected representatives who are closer to their communities and understand better the needs of our constituents. Such an important shaping of future governance must have grassroots support and should not end up being imposed by central Government, especially if we want to decentralise powers to tackle socioeconomic inequalities, address regional disparities and promote real autonomy.
Without the amendment, local people will lose the right to decide their own governance arrangements. Whitehall will be able to impose devolved powers, force mayoral models on to areas that have not asked for them, and redraw local governance boundaries behind closed doors. Community involvement and local consent are essential to ensure transparency and accountability in devolution decision making.
Amendment 4 reaches the heart of the issue at hand. It would ensure that devolution is locally led, not imposed. It would ensure that a council that wishes to become a single foundation strategic authority must initiate the process itself, rather than wait for the Secretary of State to decree it. If devolution is to have legitimacy, it must be built on local consent, local ambition and local accountability. Without that, we risk the Bill becoming an exercise in central control and a top-down approach dressed up as devolution. We would like to push amendment 4 to a vote.
Both the policy intent and the practice with places going through the devolution process are locally led. The impetus is coming from local leaders and local authorities that are working with their communities to drive the process.
On amendment 4, the Government have been clear that we will consider non-mayoral devolution arrangements for single local authorities on an exceptional basis where certain criteria are met. Designation is not intended as the end point; it is a stepping stone towards deeper devolution, which is what we hope will be the journey for all parts of the country. It is therefore most appropriate for the process to be initiated by the Secretary of State rather than the local authority. However, to be clear, the Secretary of State will not be able to designate a council as a foundation strategic authority unless the council itself consents to that designation. That is a robust safeguard that will protect the interests of the single local authority concerned. I agree with the sentiment behind the amendment to ensure that the Secretary of State has regard to the need to secure effective and convenient local government. I am pleased that those criteria are already embedded in the Bill when conferring functions on a single foundation strategic authority.
Amendment 28 seeks to remove the Secretary of State’s proposed power to direct for there to be a mayor for an existing combined authority without local consent. The Government have been clear about the benefits of mayoral devolution; we are seeing it across the country. For example, South Yorkshire mayoral combined authority brought the Supertram network back into public control after 27 years, and there are already drops in fare evasion, increases in usage, ticketing apps and improved clearing. Greater Manchester authority has taken control of its bus service, resulting in increased punctuality and ridership and cheaper fares. The North East combined authority has secured a £450 million development for one of the largest film studios in Europe, with the potential to create over 8,000 jobs.
We know the impact of this devolution model. We are seeing it across the country and we want to see it in more areas. We are clear that mayors with skin in the game are best placed to drive forward growth, reform public services and deliver the change that their communities want. Every resident in England should be able to benefit from deeper mayoral devolution in their area.
There is, perhaps, a risk of the Committee being inadvertently misled, in that all these points are being described as locally led. The Committee needs to be clear: local authorities were told that they needed to submit the proposals or the Government would take powers to direct them to do it. It was a gun to their heads. It was not the case that local authorities came forward proactively. During the 14-year era under the previous Government, it was clear that proposals that did come forward for reorganisation would be entertained by Government, and a number of those were taken forward, but compulsion was not the case. It is only since the Government told local authorities that they either had to come forward or would be directed to do so that we have seen the proposals, so it is not the case that they are locally led. The Committee needs to be clear on that.
I completely disagree. I have been having conversations, for example, with our strategic combined authorities that are going through the process. The difference between this Government and the last is that we have created a clear sense of the powers and the economic opportunities that areas can take forward. Take, for example, our current devolution priority area. I am the new Minister, and I am having the first set of conversations with them. Every single one is excited and enthusiastic about the prospect. At the moment, the demand for devolution deals is outstripping our ability to respond, because we have attached to them clear powers, access to funding and the ability to drive the change that we want to see in those areas. So I completely reject the premise that places are being driven to do this.
Nobody is suggesting a veto; we are suggesting a voice. There is a big difference. We have already heard that district councils felt that they were pushed around by the county councils, and the experiences of town and parish councils are simply an acceleration of that; when these proposals were being put forward by the Minister earlier this year, there was absolutely no role for those councils. We are simply saying that there are layers of local accountability that we believe should be on the list of people who are consulted.
This is a simple amendment that says, “You are already consulting other organisations in the chain of command. You should also include the town parish councils in that chain.” That is why we believe that amendment 33 is critical, as it
“would require the Secretary of State to consult local councils prior to proposing the area in which they are situated is added to an existing combined authority”,
and why we will push it to a vote.
I shall speak to the amendments standing in my name. There is a degree of overlap between the points made so far and the subject matter of my amendments: all of them revolve around the issue of localism and consent. As has been clearly expressed, I have a degree of sympathy for the points that have just been made, particularly those about the role of parish and district councils in agreeing to and steering this devolution process.
When we had our witness session just a few weeks ago, we heard from Councillor Sam Chapman-Allen of the District Councils’ Network and from Justin Griggs, the head of policy and communications at the National Association of Local Councils, which represents the parish councils and parish meetings of England. Both of them emphasised in their evidence the need for and the importance of that local voice. I reflect on legislation passed recently—particularly the Police, Crime, Sentencing and Courts Act 2022, which strengthened the powers that our communities sought for local authorities to deal with unauthorised encampments. One of the things we missed was the opportunity to enable parish councils and parish meetings to use those powers. That is a really concrete example of where our constituents would have benefited.
We know there are both sins of omission and sins of commission. I suspect it is a sin of omission that the Government have failed to use the opportunity of this legislation to complete the devolution work that they talk about, and to ask, “What role will those elected bodies at the town and parish level be able to play in the context of this new devolved world?” It speaks to something that I know the Opposition have real concern about: a form of institutionalised disrespect for local leaders that is built into this process. There is wholesale abolition of the local voice at scale, and proposals that the Secretary of State will direct, rather than consent.
Sir John, you will perhaps call to mind Lord Porter, formerly Gary Porter of South Holland, as one of those many local leaders whose approach and insight really shaped the nature of that local community. Reflecting on my time in local government, I had the opportunity to serve with people with very senior public and private sector leadership experience who steered the strategy of the local authority to deliver for local residents. To be told that the Government’s view is that they are to be mere community convenors, and they are not to have a role in that strategic leadership, is frankly insulting to the work that so many of our local leaders do.
The value of that was spelled out very clearly in our evidence session. I was particularly struck by Councillor Bev Craig, the Labour group lead and LGA vice-chair at the Local Government Association, who talked about how the Greater Manchester model worked because of that local leadership and the power of those individuals to come to the table and drive forward devolution, efficiency and service quality.
The amendments broadly fall into two categories that I have made today. The bulk of them are entirely about removing the ability of the Secretary of State to dictate to local areas—as was threatened by the Government when this devolution process started—what that devolution arrangement would look like, without the consent of those local areas. As my hon. Friend the Member for Hamble Valley has spelled out, of the many proposals that have come forward, we have not seen a single one embracing what the Government have set out, but a number of rival proposals for that reorganisation.
It is very clear that there is not any significant degree of local consent. There is a threat, and there is some money on the table to bail local authorities out, but they can have it only if they do what the Government want. If local authorities do not do it now, the Government will take powers to make them do it to their own agenda later on. That is the very opposite of localism. When we put the Localism Act 2011 through Parliament, it was broadly supported by all local leaders and Members of Parliament, and that was because we recognised the value it added at all levels. This process, however—the centralising element of the Bill—says that it will be a man or woman in Whitehall who decides: they will tell us what is in the interest of our community.
The hon. Member is talking about localism and the importance of things being done with communities, not to them. I was a Cherwell district councillor when we were involved in joint working with South Northamptonshire. I remember clearly that the leaders of South Northants district council were distinctly unimpressed by the level of consent that they were given when the Conservative Government told them that Northamptonshire county council, which the Conservatives bankrupted, was being disbanded and that joint unitary authorities were to be created in Northamptonshire. Was he so exercised about local consent at that point?
The short answer to the hon. Gentleman’s question is yes. I have spent a good deal of my time in local government. One of the key issues that we learned from the process, and one of the reasons why former Secretary of State Eric Pickles said that he had a pearl-handled revolver in his desk—for anyone who came to him to suggest forcing local government reorganisation on England—was the need to get things right with local consent.
There are times, which I think we can all see in the local government landscape at the moment, when, because of geography or failure of leadership, we know it is necessary for Government to intervene, and Governments of all parties have done so. Northamptonshire was an example of such a place. Individual local authorities within it had not failed, but there had been a collective failure of the public service in that area. The Government therefore felt compelled to intervene to remedy that, as opposed to imposing an alternative vision for how they thought the local area should be governed.
New clause 23 stands in my name. It seeks to enshrine in the legislation the principle of consent. We have the very opposite of what we have been told as a Committee, that this is all locally led. Clearly, the Government are already using the levers in their power to compel local authorities down a certain route. Under the force of such compulsion, local authorities feel that that is what they have to do, because it is the only way to address some of their reasonable and justifiable concerns. The timetable, the process and all those things come at the same time as a wholesale reorganisation of planning and infrastructure, which is stripping away the local powers and voices that are so critical to ensuring that the infrastructure and new housing that we all want are delivered.
The view of the Opposition, therefore, is that we need to enshrine in this legislation not powers for Whitehall but powers for people—powers for people to shape through their local leaders the community structures of service that deliver for them and the taxes that they pay. People are represented to exercise such powers. Enshrining the consent of local authorities is a small step in that direction.
I will respond to amendments 30, 31 and 33 first, and then amendments to 266 to 280. I appreciate the intention of the Liberal Democrat amendments, and I reiterate that I think we are completely aligned in this Committee in our desire not just to push power down, but do so in a locally driven way. On the specifics of the lead amendment, the principal body affected by the designation that we are seeking will be the unitary council or the county council. The Bill already provides that no designation can be made without the consent of the relevant councils.
On amendment 31, the Secretary of State must already notify the proposed constituent councils, and any other persons that the Secretary of State considers appropriate, about a proposal to direct the establishment of a combined authority. The Secretary of State must consider the representations of that body. As my hon. Friend the Member for Mid Cheshire said, there is no shortage of representation and voice from individual town and parish councils. We think that the process of engagement is already there and that to impose additional requirements to consult every town and parish council in the proposed areas would be disproportionate and also risks conflating the distinct roles of town and parish councils, which, as I said at the evidence stage, we absolutely see having a role to play in the new architecture of strategic authorities.
Strategic authorities have been created to tackle regional issues and to capitalise on the opportunities that exist over a significant economic geography, such as pursuing, for example, integrated transport. Town and parish councils, meanwhile, will continue to represent their local communities, managing neighbourhood services and supporting initiatives that improve the day-to-day lives of their residents. Each tier of local government will be accountable to their local communities and should continue to represent their interests and to work in alignment.
We will discuss neighbourhood governance and neighbourhood boards later in the Bill. When it comes to areas that do not have town and parish councils, we recognise there is an opportunity for us to create structures so that there is stronger community representation and a stronger community voice. There is an opportunity for us to design something that works in areas where town and parish councils do not exist or may not be appropriate. We want to create flexibility so that local areas can find the right structures for them, so that neighbourhoods and communities have the voice and representation that we want to see across the country.
I turn to amendments 266 to 280. As I have said before, we have been accused of compulsion, and all I can do as a new Minister is point to the feedback that I get from the local areas that we speak to. Our engagement to date suggests there is genuine enthusiasm and momentum, because areas can see the economic opportunity and what a strong Mayor can do for their area. The Government have been clear in our aims: we want to get universal coverage of strategic authorities across England, because we can see the benefits that places like Greater Manchester and Liverpool are experiencing. We want that for every single resident across the area.
During the evidence sessions, we heard senior local government leaders describe “inconsistent and…unhelpful messaging” on the building blocks of the new authorities—I quote what I wrote down. When we heard from those who are intended to be part of the investment agenda, they described no “meaningful consultation” from the Government on the proposals. How does the Minister square that with the idea that this is strategic and locally led?
That is not the feedback that I heard in that evidence session. At the moment the places in our devolution priority areas are going through a process of consultation. They are talking to their constituent councils, voting it through the council chamber and taking it to their residents to make the case.
What we are seeing is positivity and momentum. Our job as a Government is to build on that and support and enable that. I come back to the point that there is a backstop power that we do not expect to use. But in the instances where we have got a blockage, we want to be able to help create a strategic authority so that we do not have devolution deserts and parts of the country left behind. We are very clear that the powers will commence only at the point that they are needed, rather than on Royal Assent.
Finally, new clause 23 would impose disproportionate consent requirements for these processes, requiring strategic authorities to seek the consent of all district, parish and town councils in their area. As I have said, there are already provisions in place to ensure a level of consultation. A primary aim for us in this Bill is to make the process simpler, more streamlined, more effective and less expensive. That is the feedback that we have had from places that have gone through the process and the feedback that we are getting from places going through the process.
My worry is that the proposed amendments would undermine the principle of having a process of devolution that is far more streamlined and far easier for places. Again, the feedback we are getting from conversations is that there is enthusiasm, appetite and commitment to do this. We want to make it as easy as possible for places, which is why I hope that hon. Members will not press the amendments.
Question put, That the amendment be made.
Our councils are struggling to make ends meet. With so many on the edge of a precipice, I can see why they would be queuing up to create a strategic authority, which come with millions of pounds. There is, however, huge concern in councils that the cost to set up and run these organisations is oblique, and that there is a risk that the cost of running them will be passed to local people through additional precepting. I can tell the Committee from experience that the tens of millions of pounds that it is said will be saved by creating strategic authorities generally are not saved, and that if they are saved, they are replaced with other costs and take 10 years to materialise. Many councils do not have 10 years before they will go bust.
I am acutely aware that some funding was put aside for those organisations in the devolution priority phase, but when I asked the previous Minister what was happening with funding for future phases, I was met by stony silence. He explained to me that in order to progress there would need to be money in the settlement, but at the same time he talked about having already made a three-year settlement. That suggested to me that those organisations that are not already funded perhaps will not be funded within a three-year period, because there is no money. Given that those organisations are already telling us that they are £300 million short this year because they are not in the programme, but the Minister has no money set aside for next year to continue the programme, where is the money coming from?
Our amendments 38, 39 and 361 would require the Secretary of State to ensure that authorities receive adequate funding at least to facilitate their establishment, if not their continuation. It is crucial that local leaders—and local people, when they vote to make this progress—do not tie themselves down to additional costs that they cannot afford. That is why we feel it is important to press amendment 39 to a vote. My hon. Friend the Member for Stratford-on-Avon will elaborate further.
I had the privilege of spending 24 years in local government, divided equally across the previous Labour, Conservative and coalition Governments. I do not think that local government felt at any point in those 24 years that it was well funded and there was plenty of money to go around. In every single one of those years, irrespective of who was in government, our starting point when setting council tax was, “How are we going to meet a very substantial savings target?”
Clause 4 introduces schedule 1, which will streamline and simplify existing processes for establishing new combined authorities and combined county authorities, and for changing the arrangements of existing authorities. The Government have been clear that their goal is to achieve universal coverage of strategic authorities. We are therefore confident that clear and tangible benefits of devolution will be experienced across the country. We have also been clear that we want to create mechanisms that will ensure that the process is streamlined—that it is fast, and effective and efficient locally—and allows representation, but fundamentally allow us to move through the process that we see appetite and demand for across the country.
The powers introduced by the clause will be used as a backstop. They will be deployed only where we have devolution deserts and we want to work with areas to remove blockages, to the benefit of residents.
We return to the theme that areas can have devolution provided it is in the form that Whitehall dictates. It remains a significant concern to the Opposition that we are proceeding in this manner, but that point is made and I suggest that we move on.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Schedule 1
Establishment, expansion and functions of combined authorities and CCAs
Amendment proposed: 266, in schedule 1, page 79, line 15, leave out subparagraph (b).—(David Simmonds.)
This amendment, and Amendments 267 to 273, remove the ability of the Secretary of State to create, or make certain changes to the governance or composition of, combined authorities without consent of the councils involved.
Question put, That the amendment be made.
I will begin by talking to Government amendments 63 and 65. The Government recognise that the creation of a combined authority or combined county authority can cause some concern in prospective constituent councils. One of the main worries is that the new institution could create new financial burdens on existing councils.
Many existing combined authorities and combined county authorities already include provisions in their constitutions that enable constituent councils to veto decisions that could create a financial liability on them. We recognise that those provisions have helped to soothe concerns about establishing new combined authorities and combined county authorities. That is why the amendments will create a standardised requirement for non-mayoral combined authorities and non-mayoral combined county authorities to obtain the consent of affected constituent councils before exercising their functions in a way that could create a financial liability on these councils. That will ensure that any future non-mayoral combined authorities or non-mayoral combined county authorities will need to comply with this requirement without the constituent councils needing to secure agreement to its inclusion in the individual authority’s constitution.
I turn to Government amendments 62 and 64. In the English devolution White Paper, the Government set out that in combined authorities and combined county authorities without a mayor, most decisions would require a simple majority vote. That is provided for in clause 6. However, in the White Paper, we also said that key strategic decisions would require unanimity in non-mayoral authorities. The budget for the authority is one of those decisions.
Similarly to amendments 63 and 65, amendments 62 and 64 introduce a standardised requirement for non-mayoral combined authorities and non-mayoral combined county authorities to obtain the consent of all their constituent councils when adopting or amending their budget. That includes the direct contribution of those councils to transport expenditure.
Government amendments 66 and 67 are minor, technical amendments. They amend the terminology used in schedule 1 so that references to secondary legislation within the Levelling-up and Regeneration Act 2023 use the term “regulations” rather than “orders”.
I have a couple of questions for the Minister. It feels as though these amendments are intended to bring some welcome consistency and clarity.
The Committee will know that local government finance is largely regulated by the Local Government Finance Act 1992, but that older legislation on council tax fixing and budget setting all essentially states that a local authority’s budget must balance in-year. A local authority is not the same as central Government—it cannot borrow to fund its day-to-day expenditure.
However, one implication of the Secretary of State’s allocation of all these new powers to mayors or combined authorities is that they may choose to incur expenditure that imposes a liability on an individual local authority without seeking that authority’s consent. For example, there would be a legislative conflict if the mayoral combined authority decided to increase spending, or to increase rights to services for social care, which a local authority has to pay for, without giving the local authority the opportunity to include that in its budget.
Will the Minister give us clarity, first, on accounting standards? The legislation mentions that local authorities should refer to guidance from the Chartered Institute of Public Finance and Accountancy. CIPFA is not the only accepted accounting standard in the public sector, although it is generally a reliable one. Given our previous discussions and the evidence we have heard about access to local audit and financial advice, can the Minister confirm that accounting standards other than CIPFA will be accepted, if a local authority relies on them? Or will they have to be reframed within CIPFA? That will let the Committee and member authorities know exactly where they stand.
Secondly, while this is a fairly catch-all provision, there will be areas—we have seen this in Greater Manchester most recently—where central Government fund the investment and set-up of a new transport network but the ongoing running costs must be met by trading that service to local residents, and a large deficit emerges; essentially, the service runs at a significant loss. Especially if the underlying authority is a transport authority that issues freedom passes, that can have a significant financial impact. Essentially, council tax payers of one authority subsidise the costs of service delivery by a mayor.
We see significant elements of that in London under Mayor Khan. I think that was one reason why the Labour leader of Manchester city council spoke about how Manchester works and London does not. It would be helpful to have clarity—if necessary, in writing to the Committee—about how those trade-offs will be managed effectively, so that the capital costs of mayoral projects are not subsidised by the revenue or capital budgets of individual local authorities. Particularly with larger projects, mayoral authorities do not always have to meet the same tight financial requirements, especially in respect of things like education. It would be useful to know how that will be managed so that local authorities do not suddenly go bust because something emerges from the financial accounting arrangements between the new structures.
I thank the hon. Member for his detailed, complicated questions. We will write in response, particularly on the public accounting standards.
We have set what we think is a good baseline. There will obviously be some flexibility for constituent authorities. The hon. Member will remember from the evidence session that the accountability and financial framework across local government is a current challenge, so we are looking to drive improved standards across the piece. That will apply to strategic authorities as much as to local authorities, but we will write fully in response.
On the wider question about the balance and the trade-off, our judgment is that for non-mayoral combined authorities, where constituent authorities operate together, we should put in those safeguards. In essence, constituent authorities act in concert, collectively, to make decisions. Whether it is a question of financial liabilities or transport budgets, it is right that all the constituent authorities provide consent. In the case of the mayor, however, our view is that because the mayor has his or her own democratic mandate and the ability to direct, that is separate from what we see in non-mayoral combined authorities.
Inevitably, there will be safeguards. In the evidence session, we heard really powerful evidence that the mayoral model works well when the mayor works in lockstep with constituent authorities and the two are aligned, with a strategy that they work around. We have seen examples of where the model does not work well, and we have had to go in and support and remediate the process when the mayor works without their individual local authorities. The model drives that. However, we think that there is something specific in the mayor’s democratic mandate; we have a model where there is a majority vote, with the mayor on the side of the majority, in order to drive through big strategic decisions.
I am grateful to the Minister for undertaking to provide that clarity in writing. She said that there are differences between a mayoral authority and a combined authority without a mayor. We have seen a good case study in the Mayor of London’s decision that he wished to be seen to fund free school meals in primary schools, but the budget that is provided is less than the cost. School budgets, which are determined by the Department for Education, are subsidising the shortfall in the money provided by the mayor. We see posters on the tube saying that the mayor is funding this, but in fact the amount he provides is less than the cost. Probably all London MPs have had representations from schools that have said, “We are having to make staff redundant because of this shortfall. It’s a significant burden. It is causing a real cost.”
That is an example of where accounting and legal decision making sit across several different authorities. Although it is not the only ringfenced local authority grant, it would be helpful to have clarity about how the dedicated schools grant will be managed in a mayoral combined authority, so that we do not see a repeat of what happened in London with school budgets being raided to cover up a shortfall in a mayoral policy proposal.
This Government’s plans for devolution involve folding existing local government structures into larger combined authorities. From a central Government perspective, the benefits are clear. Each region has a single point of contact, accountability and new structures through which to work. However, devolution should deliver benefits in both directions and be truly community-led.
If proposals are prepared by the Secretary of State and the Department rather than being locally-led, we believe that a basic requirement should be that each new authority is appropriately sized, and that physical geography and cultural identities within the authority—especially community identities—are looked at. We need to look at the boundaries of other public service structures in the area that could be affected by the new combined authority, such as fire and rescue services, police forces and integrated care boards. In my area, we have local government reorganisation and the ICBs are being reorganised as part of NHS England reform or abolition, so both are changing at the same time. In geographical local areas, we have not just NHS commissioners but other NHS services, such as local NHS trusts.
Looking beyond size—I hope that the Government are flexible about size, because of all the other important considerations with any new authority—authorities should be shaped carefully to reflect economic zones, as well as physical geography. Crucially, there must be careful thought about how the proposals will align with public services. I have already talked about the organisation of ICBs, but there are also, for example, existing transport hubs and established boundaries for fire and rescue services.
A less tangible but no less important requirement is respect for distinct community identities. For example, my area is in the county of Warwickshire. South Warwickshire is very rural, with hundreds of parish and town councils, while north Warwickshire has different economic areas and is more populous and urban. Proximal areas may not be well-suited partners in new combined authorities, so what kind of flexibility will there be to think about services and the shared history of local communities so that such areas do not have a false cohesion?
We would like regional and sub-regional cultures to be taken into consideration, because those are what brings communities together. This goes back to the role of parish and town councils as the first tier of government: they know their communities best, which is why they should have a say in any consultation. They know their boundaries; they know which bus services should be improved so that residents can go to hospital and so on.
Practically, we are asking the Government to consider all these areas, boundaries and services, because if combined authorities backfire, governance structures could fail and might not deliver at all for areas that are already struggling. Requiring the Secretary of State to make a statement accompanying each proposal for a new combined authority, covering its impact on the shared areas that I have mentioned, would improve the quality of combined authority proposals.
The Opposition have listened attentively to the points made by the hon. Member for Camborne and Redruth and by my hon. Friend the Member for Isle of Wight East (Joe Robertson). My hon. Friend the Member for Hamble Valley may speak later to the amendments in the name of my hon. Friend the Member for Isle of Wight East, but they both relate to the need to recognise in local government structures the heritage of the parts of England that are affected.
From all the evidence that we have heard, and from many Members’ contributions, we know just how important it is that people feel that the name of their local authority area—that most basic of things—has a connection to them. On top of that are layers of geographical and economic considerations, as well as the trouble of learning it, all of which have an impact. That is why we and others are so keen to support measures to ensure that historical names are not lost in any of the Government’s proposed devolution measures, and that that heritage is fully recognised in any structures that follow.
I will briefly elaborate on what my hon. Friend the shadow Minister has said about amendments 43 and 44. I do so on behalf of my hon. Friend the Member for Isle of Wight East, who has been a tireless and fierce campaigner for his constituents, and not only at Prime Minister’s questions.
I represent a Hampshire constituency whose southern parishes look out on the Isle of Wight. If I take a walk down Hill Head beach or somewhere in Hamble, I always see it. In Hampshire, the Isle of Wight is a constant. It is a constant presence on the coast of southern England, but it is also a vital part of our county. It has a proud set of people who have a booming economy that contributes so much to the county of Hampshire, and which is a major part of the county’s identity.
The Minister has talked about wanting local views and localism to be at the heart of the devolution agenda. I believe her. We had a brief interaction earlier, and although we can disagree about whether that devolution has been forced or voluntary, I absolutely believe that the Minister intends to make sure that if devolution happens, the regions involved have an identity and the right to an economic injection that delivers for people locally.
It would be very easy for the Government to accept amendments 43 and 44, because they would do nothing to change the mechanics or principles of the Bill. They would merely ensure that a region of very proud people is included within the description of the mayoralty that is proposed for Hampshire.
I know that the hon. Gentleman is not the only person with an interest, and that there are other amendments on the same topic. He mentions that he is satisfied with the Government’s assurances. We have not directly sought those assurances; would he be willing to set out for the Committee the nature of them, so that we can all understand what has been committed to and can be well informed when we come to make voting decisions later on?
I have had no commitments; I have had discussions with Ministers. We have had discussions about the difficulties with the proposals made here, with the potential for the Bill to become a hybrid Bill and the complications that that would bring. I am happy to keep talking to the Government in a spirit of openness, reflecting the views of every political party in Cornwall bar one. On that basis, I am content to keep talking. I cannot support the amendments because of the negative change that I think they would make to the nature of the Bill, so I will be voting against them.