Power to Cancel Local Elections

David Simmonds Excerpts

Monday 2nd March 2026 Westminster Hall

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

It is a pleasure to serve with you in the Chair, Mr Mundell, at a time when Parliament is very active in the world of local government, which shows how much it matters. We heard from my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) about his local government experience and the diversity of services that local authorities provide; over 800 different services are provided by each council on average. That reflects the level of interest that all Governments and parties have in ensuring that the organisation and structure are correct.

As the Opposition, we have approached the issue of local government reorganisation with the seriousness with which we treated the same issue when we were in government. Where we are this evening, in looking at this petition, and where we have been in recent weeks, is fairly and squarely a mess of this Government’s making.

We must reflect that, when in government, we undertook, as my right hon. Friend the Member for Rayleigh and Wickford described, a number of reorganisations of local authorities, in each case committing that elections would never be deferred for more than a 12-month period—and they never were. There are good grounds for saying to our constituents, “Why spend millions of taxpayers’ money electing councillors to an authority that is about to be abolished? Better instead to have elections for the successor authorities.”

At the outset of this process—the former Minister, the hon. Member for Oldham West, Chadderton and Royton (Jim McMahon), is well recorded in Hansard—there was a very clear devolution priority programme in which councils were told, “You are going to be abolished. The Government will bring forward that legislation. Elections will go ahead for new unitary authorities or new mayors in your local area, so democracy will not be denied. You are engaging with this process in good faith. The voters will have their say. But what we are not going to do is elect people to councils that are about to be abolished.”

We are in this position today because the Government have signally failed to deliver on their devolution priority programme. Just one of those local authority areas, Surrey, has achieved the status of getting its new unitary authorities approved by Parliament—18 months into a process that the Government have described as a flagship programme.

Let us reflect on the process that Parliament followed. At the outset, the former Minister brought proposals to a Delegated Legislation Committee in March 2025 to postpone the elections in all the devolution priority programme areas. Members of the Conservative party on that Committee voted against those proposals, because we were not convinced by what the Minister was setting out about the deliverability of the underlying devolution priority programme. We have been proved correct.

In a situation where the Government were clear that the authorities were going to be abolished but had yet to bring forward any clear programme for the creation of the new mayors, and had yet to pass the legislation in the English Devolution and Community Empowerment Bill that would set up the framework for that, we made the argument that cancelling elections was not a responsible thing to do. Nonetheless, the Government pressed ahead, despite those warnings from the Conservative Opposition. Following that, of course, there was a reshuffle in Government.

At this point, it will be of value to reflect on the Gould principles, which underlie decision-making and state that, when cancellations of this nature occur, a minimum of six months’ notice is normally provided. Clearly, putting elections off for 12 months in authorities that, at the end of that period, would simply be 12 months closer to abolition creates huge uncertainty for local voters.

When we look at the frequent urgent questions, the opportunities we have used in Hansard through departmental questions and Opposition day debates to raise this issue, it is clear that we have sought to hold the Government to account. I reflect, for example, that I was told in response to an urgent question in December that, to quote from Hansard,

“the Government’s intention is that all the elections scheduled for next May will go ahead next May.”—[Official Report, 24 November 2025; Vol. 776, c. 5.]

The following day, the Secretary of State for Housing, Communities and Local Government told the House that those mayoral elections scheduled for this May in those devolution areas were being cancelled after all. It is abundantly clear that there has been chaos in the Ministry of Housing, Communities and Local Government —a complete lack of direction—and it has left local government leaders across the country, who have been seeking to act in good faith and with an eye to the good use of taxpayers’ money and maintaining democracy in their areas, in an incredibly difficult position. The fact that we have seen Ministers, literally 24 hours later, reversing the position that they had been telling Parliament, has been characteristic of that entire process.

Let us reflect on the decisions that led to the most recent hokey cokey, the Government having made it clear that they were minded to press ahead with cancelling those elections. We know that the feedback from local government leaders around the country is that they were placed under enormous pressure by the Department and Ministers to say that they wanted the cancellation to go ahead, to the extent that drafts of letters were sent back to council leaders asking them to say in more clear and serious terms what the impact would be on devolution if the elections were to go ahead according to schedule; to their credit, many of those leaders and local authorities resisted the pressure that they were put under. But that resulted in the Secretary of State making the announcement that he would be bringing forward proposals to cancel elections in those 31 local authority areas, with Pendle being added 24 hours after the announcement was made—again, characteristic of the chaotic approach that the Government have adopted.

What is curious about the whole process—and this is the nub of the questions that I put to the Minister—is that although we have heard a lot from Reform Members about the judicial review, we need to be clear that Reform did not win a judicial review against the Government. The Government surrendered without a shot being fired; they essentially offered no defence. The Secretary of State, with the judicial review coming into view, decided to reverse his decision. Had he brought forward legislation to Parliament to cancel or postpone these elections, that would have been beyond the scope of a judicial review, as parliamentary proceedings are—as was the case when he dealt with exactly the same set of questions on the basis of legal advice that the Department had been provided with, roughly 12 months beforehand.

The key question is: what had changed? What was different that made something advised to be unambiguously lawful, dealt with through the delegated legislation process —with a clear robust defence from Ministers that it was the right thing to do and entirely in accordance with the measures in the Local Government Act 2000—become unlawful eight or nine months later? There is very little that legal advisers have brought to the Opposition’s attention that suggests that, had the Secretary of State pressed ahead with his decision, placed that decision before Parliament and had Parliament voted for the elections to be cancelled, that would be subject to challenge.

It is clear, however, that in defending a judicial review the Government would have had to set out the correspondence and discussions that they had with all the local authorities that they were putting under such acute pressure to seek the cancellation of the elections. The Opposition are going to be pushing hard to understand what it was that led the Secretary of State to delegate the decision to a different Minister, rather than make it himself as the legislation envisages, and to instead reverse at the last minute, as my right hon. Friend the Member for Rayleigh and Wickford noted.

That decision was taken at huge cost and had a huge impact on local authorities, many of which, on the basis of the Government’s assurances, had released the polling stations, told schools that they would now be open on polling day, and had stood down the polling clerks and staff who were not going to be needed because the Government had cancelled the elections. Many had told the police that they could stand down their planned patrols ensuring that those elections could go ahead, because the Government were cancelling. The police now have to put that operation back together at incredibly short notice.

 I know that the Minister’s answer to the question of what changed is likely to be that the Government do not discuss the basis of their legal advice. That is a principle that Governments of all parties have stuck to for many years. However, the legal context of the decision made in March 2025—I remind the House that we, as an Opposition, voted against the decision—was that it was lawful and in accordance with custom and practice for the Government to postpone the local elections. What was different when the Secretary of State came to put this decision before Parliament nearly 12 months later? What had changed—other than the grave concern of many Labour council leaders that they were facing a drubbing at the polls—to lead the Secretary of State to decide not to press forward with asking Parliament to agree, through the legislative process, that election cancellation, as he had indicated, in his own judgment, that he would?

I finish with these points: in response to the understandable fury of many local leaders at the mess with which they had been left, the Secretary of State rather hastily announced £63 million of additional—as it was described—“capacity” grant. It would be helpful if the Minister set out, for the benefit of the House, what guidance has been given for the use of that capacity grant. It sounds rather like the amount that would be required to set the elections back up again at very short notice, expensive as that would be.

I reflect on the words of one of the Minister’s predecessors, the hon. Member for Oldham West, Chadderton and Royton. He spoke in Parliament in a debate on an urgent question. He described himself as “blunt” and said:

“Local leaders across the political spectrum have worked in good faith.”

I agree. He—a former Minister of this Government—said:

“They have put aside self-interest and differences, and they did everything asked of them to secure a better settlement for the people they represent.”

He concluded, regarding this Government’s actions, that

“we need to be better than this.”—[Official Report, 4 December 2025; Vol. 776, c. 1166-1167.]

Does this Minister agree?