Draft Tees Valley Combined Authority Order 2016
Debate between Graham Allen and Lord Wharton of Yarm(8 years, 2 months ago)
General CommitteesRead Full debate Read Hansard Text
Cities and Local Government Devolution Bill [Lords]
Debate between Graham Allen and Lord Wharton of Yarm(8 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
James Wharton
I intend to speak at greater length on this issue, but as the hon. Gentleman has given me the opportunity to do so I would like to make it clear that the amendment gives any council, including districts, the permission to request to be removed from or added to a combined authority. My right hon. Friend the Secretary of State will review the case put forward by a council and make a decision on whether the request can proceed, but I can reassure the House that any such decision would, where possible, be made only following consultation and negotiation with relevant parties. In all cases, we would endeavour to seek and secure the consensus that I think has characterised many of the discussions we have had in a range of places so far, and which is so important in underpinning the Government’s approach to devolution more generally.
Mr Allen
I am sure that those words will have been heard throughout the Chamber and, more importantly perhaps, by all those who care about, or are in positions of authority in, local government. I very much hope that they take the message that the Government and the House are keen for there to be progress on devolution, and that it should occur on the basis of consensus, interaction and negotiation facilitated by the Secretary of State and the Government.
The people who have interacted with the Secretary of State and the Minister will make their own judgment on whether the Secretary of State can be trusted on these matters. As far as I am concerned, however, the Secretary of State has got us to this position on devolution, which, as I mentioned earlier, was not possible under the previous coalition Government or the previous Labour Government. Is it perfection? No. Is it genuine progress? I hope the answer to that is most definitely yes.
James Wharton
I will give way when I touch on some of the points discussed earlier if the hon. Gentleman wants to comment at that stage.
As I have already spoken about new clause 1, I want to talk about new clause 5. It proposes that a commission be set up to consider devolving tax and fiscal powers to local level. I well know that the hon. Member for Nottingham North (Mr Allen) is an advocate of devolving power from central Government, so he will be familiar with the successive inquiries that have covered similar ground to what he proposes. I therefore do not think that a further inquiry into tax power devolution to local government would serve a particularly useful purpose at this time, although I recognise, as always, his consistency and eloquence in bringing such matters before the House. I hope that he will not press his new clause 5 when we reach the end of this group of amendments.
Mr Graham Allen
Given that there is now no need for an inquiry, since there is a precedent in Scotland—I congratulate Scotland on being able to retain an element of income tax—there is nothing in the water in England to stop us having income tax assignment as well. On the basis that there is now something stronger than an inquiry in the form of a precedent, approved by the Treasury and by this House in the Scotland Act 2012, I gladly agree not to press new clause 5.
James Wharton
I thank the hon. Gentleman. I recognise what he says. There are complexities in devolving such matters to local government, but I am sure he will continue to argue, as such matters are discussed, that he wants those complexities dealt with in reality, rather than just in theory.
New clause 8, tabled by my hon. Friend the Member for Altrincham and Sale West (Mr Brady), would provide a cooling-off or probationary period for the conferral of functions from a local authority to a combined authority. I know that my hon. Friend has raised that matter in discussions during previous stages of the Bill, and that it is of great interest to him.
I can see the attraction that the flexibility to reverse a conferral of powers might have for an individual local authority, but there are considerable downsides. The very fact that the combined authority might be responsible for those powers for only a year or so might be conducive to little action being taken under what would perhaps be perceived as a temporary conferred function. The combined authority would almost certainly be reluctant to base any investment or other major activity on a function that it could lose in a few years’ time. Moreover, partners, whether businesses or other public bodies, would almost certainly be reluctant to enter into arrangements that could so quickly be reversed. We consider, therefore, that it would be very doubtful that activity within that probationary or cooling-off period of any such conferral of powers would give a realistic picture of how a combined authority might operate in the future or of the full range of improvements that might be achieved.
We consider that a better alternative, if local authorities are not sure whether they wish to confer a specific power, would be for them to trial such joint working across the area of a combined authority through informal arrangements, such as a shadow combined authority or joint committee. Those models are available to local authorities and combined authorities without the need for secondary legislation to be made. I therefore ask my hon. Friend the Member for Altrincham and Sale West not to press new clause 8 to a Division of the House.
New clause 10 seeks to reinsert the clause that was inserted in the other place to amend section 2 of the Representation of the People Act 1983 to lower the minimum voting age from 18 to 16 for the local government franchise in England and Wales. We debated that provision at length when we last met in Committee, after which we agreed to remove the clause by a significant majority of 95. The message was clear then and it remains clear now.
We have discussed quite widely the age of majority and the things that 16 and 17-year-olds are able to do or are prevented from doing by law. It has been suggested that because young people are politically engaged, and quite rightly so, they should be given the vote. That is a conclusion with which I do not agree. The debate has exposed the wider truth that there is a range of views, many of which are enshrined in legislation, that can best be described as encompassing the transition from childhood to adulthood. There is probably no clear point at which a person becomes an adult, but it is at 18, not 16, that society normally draws the line.
Any change to the entitlement to vote must be considered properly. We should not make piecemeal changes to the franchise. We cannot make changes and simply assume that there will be no implications for other areas where our laws and our society treat 16 and 17-year-olds differently. The voting age for UK parliamentary and local elections is set at 18. The age that is used in most democracies is 18. The Government have no plans to change it. Indeed, my right hon. Friend the Member for Wokingham (John Redwood) reminded the House last time we debated this matter that we have no manifesto mandate to do so. Recognising that the shadow Minister says that he intends to test the will of the House on this issue, I encourage all hon. Members to support the Government and oppose the reinsertion of this clause.
New clause 11 requires that the Secretary of State must, within 15 months of the Bill being passed, publish a review of the fire and rescue services affected by the provisions of the Bill. The new clause is not necessary. Devolution is about enabling local areas to determine how best their services are delivered. It is therefore only right that fire and rescue authorities, in agreement with local partners, should decide how and when to review and assess how the provisions of the Bill may affect fire and rescue services. I remind hon. Members that the requirements of the fire and rescue national framework will continue to apply. With those explanations, I hope the Opposition will not press the new clause.
Turning to new clause 13, we are already taking major steps to devolve local taxes and have only just set out plans for a radical devolution of fiscal powers. By the end of the Parliament, the local government sector will retain 100% of local taxes to spend on local government services. For the first time in decades, local areas will see the full direct benefit of business rate growth in their local area. We will also grant new powers to directly elected mayors and to authorities. We will give all local authorities the power to reduce business tax rates to support businesses in their areas. As was confirmed in the spending review, we will set out detailed proposals in due course. In the light of that, I hope the House will agree that this new clause, which would require the Secretary of State to set out a framework for further devolution of fiscal powers, is unnecessary. I hope, therefore, that the shadow Minister will agree not to press it.
New clause 14, which was tabled by the Opposition, would require the Secretary of State to issue guidance to combined authorities on co-operation with peripheral authorities. I do not believe that it is necessary or appropriate. Before making orders establishing a combined authority and orders devolving new functions to such an authority, the Secretary of State must consider that to do so is likely to improve the exercise of statutory functions in the area or areas to which they relate. Additionally, Parliament must approve such orders.
The new clause seeks to provide a further requirement about how, once established, a combined authority should go about the exercise of functions devolved to it. As with local authorities, combined authorities must have regard to all relevant considerations in taking their decisions. Just as local authorities cannot be blind to the impact of their decisions beyond their boundaries, nor can combined authorities. Neither local authorities nor combined authorities can be ignorant of what happens beyond their borders. We do not have these provisions for local authorities and it is the position of the Government that we should not impose them on combined authorities. Therefore, the new clause is neither necessary nor appropriate. I hope that the House will agree.
Amendments 4, 5 and 6 were tabled in response to an amendment tabled in Committee by my hon. Friend the Member for Altrincham and Sale West. The first of those amendments will ensure that the Secretary of State’s annual report on devolution to Parliament includes information on the extent to which powers that have been devolved to a mayor remain exercisable by a Minister of the Crown. Amendment 5 is a consequential amendment to amendment 4, while amendment 6 defines the phrases “combined authority” and “Minister of the Crown”. Although it is the Government’s intention that functions should be devolved as widely as possible, there may be circumstances in which they should be exercised either jointly or concurrently. With those explanations, I hope that hon. Members will accept amendments 4, 5 and 6.
If amendment 58 were accepted, it would mean that any transfer of functions to a combined authority must not be dependent on the combined authority having a mayor. In its intent, it is similar to the provisions of the old clause 3, which the Committee voted to remove from the Bill by a majority of 81. That provision imposed a specific requirement that a mayor could not be a precondition for transferring functions to a combined authority. As I told the Committee, that provision was at odds with our manifesto commitment, and amendment 58 is too.
In our manifesto, we committed to
“devolve far-reaching powers over economic development, transport and social care to large cities which choose to have elected mayors.”
We are not forcing this on anyone or on any place. Whether an area has a mayor is a matter of local choice. However, if an area wants to have a devolution deal of the scale and ambition of Greater Manchester’s, we do expect a mayor to be part of the deal. The effect of amendment 58 would be to stop our pursuing that manifesto policy. It would potentially put the whole future of devolution at risk of challenge. It is an amendment to which we are wholly opposed and that we hope will not be successful should the House choose to divide on it.
Amendment 2 provides that a combined authority mayor can be established only after a referendum. I listened with great interest to the comments of my hon. Friends the Members for Hazel Grove (William Wragg) and for North East Somerset (Mr Rees-Mogg). My hon. Friend the Member for North East Somerset was, as ever, persuasive and eloquent, but on this occasion, I am afraid to say, he was not quite persuasive enough. The amendment would require the Secretary of State to make regulations governing the conduct of such referendums and to consult the Electoral Commission before doing so. We had an interesting debate on the first day of Committee about this very matter. I recognise that I was repeatedly challenged by Members from both sides of the House about the degree of choice for local areas.
While I do not seek to reopen that debate, I must make it clear again that the Bill does not give the Government the power to impose devolution or a model of devolution in any area. The decision to approach the Government with a proposal for the devolution of powers and the decision on the degree of devolution required are entirely local ones. By the same token, we have always been clear that where areas make that approach to negotiate the significant transfer of powers, like the powers agreed with Greater Manchester, we would expect a mayor to form part of the mix, as that provides the levels of leadership and accountability that are necessary to ensure the effective delivery of such a deal.
James Wharton
The intention is to deliver what local areas want, and therefore the Bill gives us the flexibility to ensure that the county would not need to be reshaped, but equally, where that was wanted, it would give us the flexibility to deliver it. That is the point of the Bill, as an enabling Bill. We want to proceed by consensus, because that is how devolution will last.
Amendment 1 would enable the Secretary of State to make provision in secondary legislation to require all local authorities in the area of a mayoral combined authority to undertake a community governance review within two years of the Act coming into force. Whatever the merits of “parishing” an area, I do not believe the amendment is necessary or appropriate. I recognise the desire for further devolution and for the devolution debate to continue, including on the role of more local decision making and parishes, but this is not the time or place to go down the route set out in the amendment. I hope, therefore, that hon. Members will agree not to press it.
James Wharton
We will be talking about that with the LGA and other interested parties, but we are still in the process of delivering those deals and it would be against the spirit of devolution were we to announce the format for such a forum. I recognise the hon. Gentleman’s comments, however, and the value that such a forum could bring. I am happy to put that on the record. It is our intention to have those discussions and to develop something that has broad agreement.
My hon. Friend the Member for Carlisle (John Stevenson), who cannot be with us today because of the terrible flooding that has afflicted his constituency, has tabled amendment 56, which would enable the Secretary of State to use a fast-track process for unitarisation or boundary changes in a particular area. I suspect I am going to take a few interventions on this amendment, but I wish to highlight this point: it enables a fast-track process and streamlines the use of existing powers; it does not bring in powers that do not already exist. He tabled a similar amendment on the first day of the Committee of the whole House, with a view to ensuring that no one council could effectively veto such a change, however sensible and supported such a proposal might be.
My hon. Friend wished to see a way of preventing one council from denying change that might be in the best interests of the wider area. We have heard further arguments today about the proposition, particularly from my hon. Friends the Members for Cleethorpes (Martin Vickers) and for Amber Valley (Nigel Mills). When we debated this last time, I made clear our approach: if such a governance change were to be made, there needed to be a level of consensus across the area and that we are not in the business of imposing change on any one. That remains our starting point and our intention.
James Wharton
I remind my hon. Friend of my earlier comments: those powers already exist. The Government’s intention is to find consensus, to build on the local desire for devolution and to deliver lasting devolution to areas that will benefit from it. Those powers are already there. This is about ensuring we can deliver, in a timely way, the devolution that local areas want, but I can absolutely reconfirm the Government’s commitment to seeking and building on consensus. That is how devolution will stand the test of time.
Amendments 16, 30 and 55 ensure that criminal liabilities of a public authority can be transferred to either a local government or combined authority on the same basis as other liabilities when public authority functions are conferred. Amendments 17 and 31 amend clauses 7 and 16 respectively and allow references in a transfer order or regulations to be made to a formal document, such as guidance, which can be amended from time to time.
Amendment 36 is a technical amendment substituting the original word “jointly” with the new word “concurrently”. The change is necessary to ensure that certain transport functions being carried out by strategic transport bodies and local authorities can be undertaken concurrently rather than jointly. Amendment 3 would change how mayors for combined authorities should be elected. We have debated this matter at length. We believe that, where we are electing an individual to exercise significant executive power, the voting system for which we have made provision is the right one, and that therefore the amendment should be rejected. Finally, amendments 10, 37 to 43, 45 and 44 are necessary to bring the Bill into line with the arrangement in London. They provide clarity and consistency in respect of mayoral deputies with police and crime commissioner functions.
I hope that hon. Members will accept the Government amendments and reject Opposition amendments and that the House will continue broadly to support the delivery of devolution, on which there is so much consensus and support.
Mr Allen
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 9
Consultation on changes to healthcare provision
‘(1) Part 4 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 is amended as follows—
“(1) In section 20 (Interpretation) insert after “for which there is a country council (a);”—
“(c) combined authorities and each constituent part of a combined authority””—(Mr Graham Brady.)
This amendment requires that constituent parts of combined authority are consulted on any major healthcare reorganisation in their area in addition to the combined authority being consulted. It also allows constituent parts of a combined authority to refer any such reorganisation to the Secretary of State for Health without such a referral having to be made by the combined authority to which they are part.
Brought up, and read the First time.
Cities and Local Government Devolution Bill [Lords]
Debate between Graham Allen and Lord Wharton of Yarm(8 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
James Wharton
The right hon. Gentleman can speculate on whether the Secretary of State might agree or not. I can tell him that I certainly do not, but I recognise there is a time and a place for such matters as this to be debated. I will set out some of my thoughts on the appropriateness of the Bill or otherwise for that debate today in the comments I will now come to, although I feel that this is not necessarily that time and place, as I will explain.
Mr Graham Allen (Nottingham North) (Lab)
Does the Minister understand that there is a lot of desire to see an extension of participation in our processes? My Select Committee produced a very fulsome report in the previous Parliament, which outlined proposals such as electronic voting and votes for 16 to 18-year olds. The Minister’s position is very clear: he does not want to do this at the moment. However, will he consider the possibility, as we devolve power to local government, that, in certain discrete pilot areas that request it, there could be experiments with the 16 to 18-year-old franchise?
James Wharton
I admire the creativity of hon. Members who wish to find ways to pursue this matter. I do not feel that it is appropriate to do so in this the Bill, for reasons I will go on to explain, but I recognise what the hon. Gentleman says. It is undeniable that there is a debate to be had on the issue. There are views on both sides of the argument. It is, I think, the view of nearly all right hon. and hon. Members that we would like greater participation and involvement in our democratic processes. Whether lowering the franchise is the right way of going about it is rather less clearly agreed across the House. Indeed, it is an area about which I have significant reservations. I have, however, considered carefully the arguments set out with regard to the Bill.
Mr Allen
I know that the hon. Gentleman is an assiduous reader of my speeches, even more so than I am, and he will see that on Second Reading and a number of occasions subsequently I paid tribute to the Secretary of State for his determination to bring devolution to its present state. It is an extremely good foundation for my hon. Friend the Member for Croydon North (Mr Reed) on the Front Bench to build on in 2020.
I am surprised that we have got to this point in the debate today without anyone mentioning that devolution deals have been announced. I am surprised that the Minister has not mentioned that. I do hope word does not get back to the Chancellor about his omitting to mention the deals in Liverpool and the west midlands, in addition to the deals in Sheffield, the north-east and the Tees valley. I hope deals are rapidly on the way in my area—Nottingham/Nottinghamshire and Derby/Derbyshire. I believe there are 38 potential deals, covering up to 80% of the population.
It may seem odd for someone on the Opposition Benches—I hope I am regarded as all-party on this issue—to point out that there are large areas, Conservative areas, rural areas, county areas, that have been left out of the party. If this is to be a genuinely democratic change of the order of developing national Parliaments and assemblies—a change that will lead to a federal United Kingdom, as my hon. Friends on the Front Bench said in The Huffington Post this morning—we cannot leave our friends in the rural areas, whether they are Conservative or not, out of the equation.
James Wharton
It is important to find areas of agreement. Although on the issue of devolution the hon. Gentleman tempts me to go further than I am currently predisposed to go, and he would no doubt go much further than I might want to, it is important to put on record that he is right about rural areas. We have the deal with Cornwall and we are working with many other areas to reach deals which will include many rural areas in county deals. This is a process of making bespoke deals for individual areas. That means that they will be different and it will take time, but we are determined to deliver them.
Mr Allen
I genuinely wish the Minister well in that. I am sure he has followed the debates in the Conservative councillors network over the past 36 hours as closely as I have. It is important that everyone shares in the benefits of devolution and is enabled to make the sort of decisions that they feel are appropriate, rather than those that Whitehall considers appropriate.
The Minister tells me that I am pushing the process a little too fast and a little too hard. We have had such debates since the 1830s, and people have argued that we should not rush things. Fancy giving working men the vote! Fancy giving women the vote! For heaven’s sake, if that ever happens to our democracy, what next? Now, my goodness, there is the brand new issue, which nobody has ever thought of before, of giving 16 and 17-year-olds the vote. We should revel in the fact that there are people in our country still desperate to use the franchise. It should be extended to them and that should be done sensibly.
I refer the Minister to the report of the Public Administration and Constitutional Affairs Committee. I see a number of distinguished former members of the Committee, even sitting close behind the Minister. The report came up with an array of possibilities for extending participation and extending our franchise, such as online voting and 16 and 17-year-old voters. There were many other proposals, but Mr Crausby would rule me out of order, were I to venture into them. Sometimes in a political career there are moments of opportunity and they are very rare. The Minister is a young man starting out on his political career. He may not be the Minister on the next devolution Bill, which is sure to happen before 2020. I hope he is, because he will have gained massive experience from taking the Bill through on this occasion, but he should seize the opportunity to push it a little further than the officials might like. That is a political lesson that we could all share.
James Wharton
It is always a pleasure to listen to the hon. Gentleman’s wise and considered words on devolution issues, even if we do not always reach the same conclusions. I am particularly interested in what might be a glimmer of agreement between us on the issue of voting age. We may not agree on what the voting age should be, but he said that any change should be carried out in a sensible way. Does he think, therefore, that a proper process should be used rather than an amendment to a Bill such as this—in other words, that there would have to be full and detailed consideration, with proper consultation taking into account many of the issues that hon. Members have raised, so that any such fundamental change, were it to be made, would be long-lasting?
Cities and Local Government Devolution [Lords] Bill
Debate between Graham Allen and Lord Wharton of Yarm(8 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
James Wharton
Yes, I can give the hon. Gentleman that reassurance. Every devolution proposal will involve a deal between the Government and those local areas that want devolution. As part of those deals, we will look at what further steps can be taken. We recognise the principle, which he advocates, that decisions should be taken at the lowest level of government at which they can effectively be taken. If an area with which we were having discussions wanted that to be part of the deal, and if we could work with it to deliver it, it would be our intention to do that.
Returning to clause 2, it would be easy for some future Government to parade their devolutionary credentials because every one of their Bills had a devolution statement, while in reality they might have done little to continue to meet what I confidently predict will be a continually growing appetite for devolution across the country. I suspect that the hon. Gentleman agrees with me about the existence of that appetite. Accordingly, the Government are opposed to clause 2 standing part of the Bill, and amendment 29 is consequential to the removal of the clause from the Bill, deleting the reference to that clause in clause 1.
The hon. Gentleman has tabled a number of amendments that would have constitutional implications. We will consider most of them later today, but new clause 1 is in this group. It would require the Secretary of State to publish a list of local government competences, having first agreed them with representatives from local government. Once published, the list could be amended only with the approval of two thirds of the membership of the House of Commons and the approval of the Local Government Association.
I understand the reason for new clause 1 but I cannot support it. When codification of the relationship between central and local government has been attempted in the past, it has failed, as was recognised by the Political and Constitutional Reform Committee of this House. In their response to a report from the Committee in 2013, the Government commented that codification fails because it is about processes, rather than about policy intended to improve outcomes. Instead of liberating local leaders, a codified relationship could simply serve to focus energy on theoretical debate, rather than on shared endeavour, problem solving and action.
Mr Allen
I will speak about this at greater length later, but may I make one specific point now? Historically, local government has felt uneasy about its relationship of subordination to central Government, and a means of reassuring local government of all political parties would be to entrench the settlement that the Minister is proposing and to find a way in which to reassure local government about its long-term sustainability and its independence from central Government. Will he undertake to have a think about this matter, so that he will be able to ensure even more co-operation from local government?
James Wharton
I will of course give the hon. Gentleman that undertaking, and I shall listen carefully to what he says later. I know that he has a great deal of expertise in this area, and I recognise some of his concerns. It is important that we find the right mechanism to address them as best we can in the Bill.
Amendment 59 and new clauses 23 and 25 have been tabled by the shadow Secretary of State, the hon. Member for Hemsworth (Jon Trickett), and his colleagues. Amendment 59 would require a report reviewing the Localism Act 2011. New clause 23 would require the Government to publish a report about the impact on combined authorities of the way in which resources had been distributed through the local government settlement. New clause 25 would require the Government to publish a list of the public authority functions which may be transferred.
We do not consider amendment 59 to be necessary. The Government are committed to a process of post-legislative scrutiny to review the effectiveness of legislation and to inform the development of future legislation. The lead Department submits a report to the Select Committee, usually within three to five years of the legislation receiving Royal Assent, with its preliminary assessment of how the Act has worked in practice in relation to its objectives and benchmarks, as identified during the passage of the Bill. This would inform the Select Committee’s view on whether to conduct a fuller post-legislative inquiry into the Act. The additional steps proposed in amendment 59 are therefore unnecessary.
James Wharton
Although those places are indeed special, the amendment is completely at odds with the generic, enabling provisions of the Bill. To recognise the unique character of an area is not to seek to exclude it from the enabling provisions. Rather, it is through those enabling provisions that we can recognise the particular character of Somerset along with the particular character of any other area. That is at the heart of the Government’s flexible approach—the bottom-up approach—of delivering devolution that is bespoke to the areas that want it.
Secondly, the amendment would rule out the Somerset authorities from having the option of adopting one of the models for strong and transparent governance that is available. Clause 3 enables an area to adopt the model of a combined authority mayor, but it will be for the councils themselves to decide whether they wish to move to this form of governance. We will not impose devolution on anyone, but it should be possible for everyone. I look to my hon. Friend the Member for North East Somerset to withdraw his amendment, but I will listen with interest to the comments that he makes.
I also want to comment on amendments 53 and 56, which are tabled in the name of the hon. Member for Nottingham North. Amendment 53 seeks to extend the Secretary of State’s powers under the new section 107A, so that in addition to providing by order for there to be a mayor for a combined authority area, provision could be made in certain circumstances, following a proposal from the constituent authorities, for some other governance and accountability structures for the combined authority area. Amendment 56 seeks to provide that, where such other governance structure has been provided, the combined authority would be a major precepting authority, as it would be if there were a mayor for the combined authority area.
In general, I have some sympathy with what might be seen as the underlying idea of those amendments, which is to introduce some greater flexibility, but in this case I am not persuaded that this is the right approach. The amendments risk being seen as an attempt to hold out the possibility of some governance arrangement that does not have that sharp single point of accountability. Although we have been clear that the Government wish to impose that accountability on no one, it will be a requirement for those deals that are similar in their scope and ambition to that with Greater Manchester.
Mr Graham Allen
The Minister is being very generous in giving way. May I take him back to the point made by the hon. Member for Bury North (Mr Nuttall) about making arrangements that can be flexible and allow evolution, particularly of the larger areas that will be devolved? I know that Core Cities are particularly interested in this concept. It could be the equivalent of a pre-nup agreement with a smaller authority before it comes into full membership, almost like with the EU where there is a trial period, to see whether people get on before taking it forward as consenting authorities.
James Wharton
I hear the hon. Gentleman’s thoughts and recognise the intention behind the amendment. I will listen carefully to his comments later and will look to find consensus where we can to ensure that the safeguards that all Members want to see are included while ensuring that we deliver on this agenda and on the manifesto pledge made by my party at the election, only six months ago.
I am conscious that a number of hon. Members wish to speak, so I shall try to move through some of the other amendments reasonably quickly. Amendment 57 is tabled by the shadow Secretary of State and his colleagues and requests that a gender balance must be considered when the mayor appoints a deputy. I gently remind those on the shadow Front Bench that this approach was considered for the leadership of their party and rejected. The mayor, who will have a democratic mandate to govern, needs to be able to determine who will best assist him or her in delivering on the promises they have made to voters. That person should be the best person, regardless of gender, and I asked that the amendment is withdrawn.
James Wharton
We have had an interesting and wide-ranging discussion. I recognise the comments made by hon. Members across the Committee and the range of amendments that have been tabled.
New clauses 2, 4, 5, 6, 7 and 16, and amendment 2, tabled by the hon. Member for Nottingham North (Mr Allen), are about the constitutional position of local government and putting in place arrangements for a constitutional convention to review this and implement any constitutional reforms considered necessary. I recognise his consistency in pursuing this issue; indeed, he also has a private Member’s Bill related to it. No one would deny the importance of constitutional matters. The traditions of this country are that we approach these matters in a pragmatic, evolutionary way. Our constitution has evolved over the centuries and continues to do so to meet the real needs of our people across the United Kingdom and to reflect the changes that are taking place in the wider world. I absolutely recognise the hon. Gentleman’s intentions and interest in this area, but I feel that this approach has served us well and I am confident that it will continue to do so.
The thrust of the hon. Gentleman’s amendments is that, for the first time in our history, we would put our constitution on a more rigid basis, seeking to codify issues and, in a sense, to set them in stone. Although they recognise the importance of constitutional issues and strongly support the passing of power down to the lowest practical level that this Bill will enable—the essence of devolution—the amendments are unnecessary and would be out of step with our traditions. They are also somewhat outwith the scope and intention of this particular Bill. However, I recognise his desire to put these matters on the agenda and his belief that they need to be addressed. I am sure it is not the last time that they will be discussed across the Floor of the House.
Mr Graham Allen
If the Minister thinks the system is serving us well, may I gently remind him that six or seven months ago we came within 6 percentage points of the Union breaking? We have all the shambles around English votes for English laws, and there are many other issues where people are clearly, given voter participation levels alone, disenchanted with politics. Does he not agree that the great work he is doing on English devolution could be the spark to re-engage a lot of people who are very jaundiced about our politics?
James Wharton
As I said, I recognise the hon. Gentleman’s interest and expertise in this area, and I am sure that we will have the opportunity to discuss it further across the Floor of the House, whether in relation to this Bill or other areas of policy. He tempts me to go further than I am willing to go in my comments today.
My hon. Friend the Member for Carlisle (John Stevenson) tabled amendment 50, which would give the Secretary of State powers to establish unitary authorities even if not all the councils concerned in a combined authority area agreed to the change. Our approach is that if a governance change is to be made, there needs to be a level of consensus about the choice over the whole area. We are not in the business of imposing change on anyone. However, I recognise my hon. Friend’s desire to raise this issue. He is not the only Member to have done so. The hon. Member for Bassetlaw (John Mann) has spoken about similar issues today and has met me to speak about them separately. We are about to engage in ongoing correspondence on the matter. I am of course happy to meet my hon. Friend if he would like to discuss this further, and I am pleased that he will not press his amendment to the vote.
My hon. Friend the Member for North East Somerset (Mr Rees-Mogg) tabled amendments 47, 48, and 49, which make a special case for Somerset. Just to be absolutely clear and to put it on the record, Somerset is a very special and exceptional place, but I explained earlier why I do not consider it appropriate to treat it differently in terms of this Bill. Nor do I believe that the substance of the amendments, which are about how the principle that changes in an area’s governance are a matter for local choice should be applied, are necessary given the existing safeguards. Somerset, or indeed any council, could be not required to join a combined authority or be conferred new central Government powers if those democratically elected to represent the people of the area did not consent. The councils of Somerset—or, indeed, the councils of some place less special—can themselves decide how they want to take their residents’ views into account. Those who have been elected should decide these matters. That is four square with our traditions of representative democracy, and therefore I hope my hon. Friend will not press his amendments to a vote.
James Wharton
In line with my desire to retain my reputation as a benign velvet glove, I have already written a note to my officials asking that we write to Members following this debate, to ensure that we fully clarify those matters. I will, of course, write to the hon. Gentleman, and if he has any concerns, I would be delighted to discuss them further with him.
Amendment 55, tabled by the hon. Member for Nottingham North, would enable control over decisions on business rates and council tax discounts to be devolved, if that is what is wanted locally. We have always said that we are interested in hearing proposals from authorities and that nothing is off the table for conversation. The Government have signalled their intentions and enabled a large degree of the sorts of financial flexibilities sought by the amendment. We recently announced that, by the end of this Parliament, local government will be able to retain 100% of its business rates. Through the existing powers that govern the business rates retention scheme, we can already give mayoral combined authorities their own share of local rates income and ensure that they benefit from the local growth that that will help to establish. Of course, any decision to make use of the existing powers to extend the rates retention scheme would be taken alongside that on any wider transfer of powers and functions to mayoral combined authorities.
Mr Graham Allen
Does the Minister accept that the Scotland Act 2012 gives the Scottish Government the right to retain not only 10p in the pound of income tax, but, from April, the proceeds of landfill tax and stamp duty, which are two significant amounts of money? Is there some reason why local authorities in England should not be able to have similar retention of those taxes?
James Wharton
The hon. Gentleman is consistent with his theme of wanting to go further to take devolution to what I have no doubt he genuinely believes to be its logical next level. I acknowledge his comments, and I am of course happy to meet him after this Committee sitting to discuss them further. However, I do not want to hold out the false promise that a Bill that already goes so far and does so much will be amended in line with his desires. I am happy discuss with him his longer-term desires for constitutional change and for devolution to take what may well be its next steps at some point.
We made it clear in our 2015 manifesto at the last election that we would continue to help local authorities keep council tax low for hard-working taxpayers and to ensure that residents can continue to veto high rises in council tax via a local referendum. New clause 15, tabled by the hon. Gentleman, would abolish the system of council tax referendums put in place by the coalition Government. The referendum threshold is not a cap. Councils can set any council tax increase they like, provided they obtain the consent of their local electorate when they go over the threshold. We see no reason to take away the protection and the final say of local voters over excessive increases.
New clause 12, tabled by the hon. Gentleman—he has just raised this issue—would provide that income tax receipts amounting to 10p in the pound should be assigned to the Department for Communities and Local Government, which would then pass the money on to councils. We are already committed to boosting local growth: by the end of this Parliament, the local government sector will retain 100% of local taxes to spend on local government services. The new arrangements we are already committed to delivering will give the sector greater long-term certainty over its income. No longer will local authorities be reliant on central Government telling them how much money they will receive for the year ahead only weeks before they set their annual budgets. I recognise the hon. Gentleman’s desire to go further and I am very happy to discuss that issue further, but I ask him not to press the new clause to a vote at this time.
James Wharton
The hon. Gentleman is articulate and persuasive, but he will not tempt me to elaborate further.
New clause 11, tabled by the hon. Member for Harrow West, provides for the devolution to London of the receipts from taxes on property. I know the Mayor’s ambitions for London and we have announced the local retention of business rates, but devolving taxes such as stamp duty to London could create a distortive effect. There would be a significant increase in administration costs for both the Greater London Authority and businesses that purchase properties both in and outside London. I have heard what the hon. Gentleman has said, and I will consider his comments further, but I do not want to give him the false expectation that they are likely to be reflected in the Bill or to make a commitment that I cannot fulfil at this time. He has, however, made his case very effectively.
James Wharton
I hear the hon. Gentleman’s comments. The announcement that we will devolve business rates was made in the way it was exactly because we wanted to ensure that we talked to local government about how it should be done to make sure it works properly and effectively and meets our policy desires. To devolve certain taxes to just one area is a different proposition. He clearly supports it and argues for it effectively, but it does not have a place in this Bill at this time.
Amendment 1, which was tabled by the hon. Member for Nottingham North, clarifies that the persons who may be invited to attend an overview scrutiny committee meeting may include
“representatives of parish, neighbourhood, community and other councils in the area of the combined authority”.
I understand the hon. Gentleman’s intention and commend him for pursuing openness in the process, but the Bill already allows people to attend. To define them in a list risks the provision being narrowly interpreted, rather than broadly interpreted, which is what we want.
Mr Graham Allen
The intention is to ensure that those who operate below the council level at neighbourhood or parish level feel involved and engaged, rather than going along as members of the public, so that they can take the next step of pushing devolution down into double devolution. Surely engaging those people would be a very good thing to do.
James Wharton
I agree with the hon. Gentleman that that engagement is important. My contention is that the Bill provides for it with the power to allow persons to attend and invite persons to be present to scrutinise the process. My argument is that defining a list of particular types of persons or bodies risks narrowing the interpretation. However, I understand what the hon. Gentleman desires to achieve.
I will now discuss the amendments that relate to requirements on the exercise of mayoral powers. Amendments 40, 41 and 45, which were tabled by my hon. Friends the Members for Altrincham and Sale West (Mr Brady), for Hazel Grove (William Wragg) and for Bury North (Mr Nuttall) would place requirements on mayoral powers. Amendment 40 provides that a function may only be specified as a function of the mayor with the consent of the combined authority prior to the creation of the post of mayor. We have concerns over the latter part of that amendment, because it appears to rule out a further transfer of functions to a mayor once the position has been established. It seems to mean that the deal that is reached initially is the deal, full stop.
Amendment 45 underlines hon. Members’ concerns that the constituent councils must be content with the list of functions to be exercisable by the mayor. I understand hon. Members’ concerns and agree that no local authority functions should be conferred on a combined authority, with or without a mayor, without the consent of the councils involved. We make provision for that in clause 5. I am happy to continue the dialogue with the hon. Members who have raised this point and I understand the deeper points that they wish to address. I hope, therefore, that we can reach a consensus that allows us to pursue the matter in a different manner to the amendments that we are discussing.
Government amendments 5, 6, 7, 8 and 26 will provide greater flexibility in how a mayor will be able to undertake their functions. The amendments are reasonably straightforward. Amendments 5 and 6 will provide greater flexibility and create greater capacity to enable a mayor to be supported in undertaking functions, where that is wanted locally. Amendments 7, 8 and 26 enable mayors of combined authorities, if it is specified by order, to exercise any of their general functions jointly with other authorities or combined authorities with the same functions, if they so choose. They enable a joint committee comprising the mayors of two combined authorities or a combined authority mayor and local authorities to exercise jointly shared functions across the area, thus providing greater flexibility in how mayors, combined authorities and local authorities can work together.
Finally, I will mention some minor and technical Government amendments. Amendments 30 and 31 insert provisions that enable an order to specify that local authority functions must be exercised jointly by the councils and the combined authority. Amendments 23, 24 and 25 relate to police and crime commissioners. They clarify the timing of an order that transfers PCC functions to an elected mayor; ensure that drafting on PCC functions is consistent; and ensure that, in line with the provisions for PCCs generally, a person acting in place of a mayor with PCC functions temporarily cannot carry out particular strategic functions, such as issuing a police and crime plan. Finally, Government amendment 15 will mean that the power to make regulations under clause 17 includes a power to make incidental, supplementary and consequential provision. Those are tidying-up amendments that are not controversial. I certainly have not detected that they are from the debate.
I hope that right hon. and hon. Members, in the light of those explanations, will not press their amendments and will feel able to support the Government amendments.
Cities and Local Government Devolution Bill [Lords]
Debate between Graham Allen and Lord Wharton of Yarm(8 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text
The Parliamentary Under-Secretary of State for Communities and Local Government (James Wharton)
The Bill will empower our constituents. This is about transferring power away from Whitehall back to the communities that can use it most effectively to grow their economies, to make decisions that affect the people who live there and to improve those people’s health. This is an important piece of legislation that will give us the powers we need to enable us to drive forward the devolution agenda.
I have been interested to listen to the range of contributions to the debate today. Approximately 76 Members have spoken, but given the limited amount of time remaining, I shall not be able to comment on every speech. I do not mind admitting that I was concerned at first. I read the reasoned amendment tabled by those on the Opposition Front Bench, the first line of which makes it clear that, if it were to be passed, the Bill would not be given its Second Reading and would therefore fail. I therefore wondered what Labour’s stance would be, and I listened intently to the words of the shadow Secretary of State, the hon. Member for Hemsworth (Jon Trickett) in order to try to understand the approach to devolution that the Opposition Front Bench wanted to take. What I heard was a top-down, bottom-up, bespoke, uniform, devolution-delaying, big conversation proposal, but one that did not address the real need of this country. I then saw reflected in the comments from across the House from colleagues on both sides of the political divide that we need to find a method to deliver devolution, because there is cross-party support for it. We may disagree about some of the detail, but we will have the opportunity to discuss that. Indeed, hon. Members can be reassured that the intention is to have the Committee for this Bill on the Floor of the House so that all Members will get the opportunity to contribute as we discuss what amendments should or should not be made.
The important principle is that, if we want to deliver devolution, we need to pass this Bill. If we want to pass this Bill, the reasoned amendment put forward by the Opposition must not succeed this evening.
James Wharton
Yes, I do. We will have a very full and reasonable debate. Having listened to the contributions from hon. Members throughout the day today, I can see that there are many areas of agreement. I am sure that we can find consensus to drive forward an agenda that appeals to people not just in this place but from a much broader base. As I travelled the country talking to local authority representatives, including many who are not from my own political party, I found that devolution is wanted by the business community and by the communities that we represent, as it can drive forward real improvement.
I also started to note a list of those colleagues who were supportive in principle of the Bill and its aims. I stopped because the length of that list became so long that I would not be able to read it out. I thought it would be appropriate to reference some of those Members who indicated their support. My hon. Friends the Members for Carlisle (John Stevenson) and for Hertford and Stortford (Mr Prisk), and the hon. Member for Nottingham North (Mr Allen) all indicated not only that they support what we are trying to achieve but that they want us to go further and do more and that devolution could be an ongoing process that they want to see delivered successfully.
My hon. Friends the Members for Altrincham and Sale West (Mr Brady) and for Newton Abbot (Anne Marie Morris) gave qualified support, raising issues that I know we will have the opportunity to discuss as this Bill is taken forward and that I hope we can address in order to build as broad a consensus as possible for an agenda that appeals across a broad range of people in our country because of the change that it can deliver.
Some specific issues were raised during the debate, including that of mayors. I recognise some of the debate that has taken place, and I want to take this opportunity to address some of those concerns in the time that I have. My hon. Friends the Members for Altrincham and Sale West, for York Outer (Julian Sturdy), for Bury North (Mr Nuttall), for Hazel Grove (William Wragg), the hon. Members for Sheffield South East (Mr Betts), for Manchester, Withington (Jeff Smith), for Kingston upon Hull North (Diana Johnson), for Birmingham, Erdington (Jack Dromey), for St Helens South and Whiston (Marie Rimmer) and the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) all raised the issue of mayors. I want to be clear what we are talking about. The metro mayors that we want to deliver are not mayors like those who have gone before. This is a different thing. This is not the civil mayor whom we have had for many years in this country, nor is it the local authority mayor on whom many areas did indeed vote leading to their adoption in some areas and not others. This is not a mayor who will take up powers from local authorities unless those local authorities choose to give them. This is a mayor who will hold, and be accountable to the public for, powers coming down from Whitehall—powers that we are devolving from public bodies. It is a very important point of difference. I recognise that there are some hon. Members who have not appreciated that we are talking about a different type of mayor. The metro mayor model is different from what we have seen before.
My hon. Friends the Members for The Cotswolds (Geoffrey Clifton-Brown) and for Cheadle (Mary Robinson) raised the issue of planning, which I want to address. I also want to mention the nature of planning powers in order to show why some of the concerns that have been quite rightly flagged up in the debate can easily be addressed by the content of the Bill. The purpose of the Bill is not to force powers to move up from local authorities. It is to enable us to devolve powers down from central Government—devolve powers that are held by public bodies down to accountable areas to deliver services and improvements for the people. Local authorities will not have powers taken away, but they can choose to pool them by agreement. That is the intention of the legislation and the intention of the Government, and that is what we will do. To hon. Members who have raised concerns about planning, let me say that there is nothing that would force change to the planning powers that their local authorities already have unless those local authorities decided among themselves to pool those powers because they recognised the benefits that that could bring. A range of issues has been highlighted by individual Members.