English Devolution and Community Empowerment Bill

James Cleverly Excerpts
2nd reading
Tuesday 2nd September 2025

(8 months, 2 weeks ago)

Commons Chamber
Read Full debate English Devolution and Community Empowerment Act 2026 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
James Cleverly Portrait Sir James Cleverly (Braintree) (Con)
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I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House declines to give a Second Reading to the English Devolution and Community Empowerment Bill, because the Bill does nothing to empower local communities, but instead contains measures reducing the democratically elected representation of communities and enables the Government to impose local government restructuring on communities, irrespective of local opinion, disregarding local geography and identity; because bureaucratic restructuring of local government will cost money and reduce focus on housing delivery with no evidence that it will deliver better services; because the Bill will lead to greater costs for residents by creating new mayoral precepts, increasing borrowing powers, and raising parking charges on motorists, and adding more local bureaucrats as mayoral-appointed commissioners; and because the Bill will result in higher council tax bills for hardworking families, at a time when local government is facing increased costs pressures due to unfunded rises in employers’ National Insurance contributions.”

The English Devolution and Community Empowerment Bill—it is a title straight out of the Ministry of Truth. The Bill is not about devolution; it is clearly a blatant power grab by the Deputy Prime Minister—a right hon. Lady for whom I have a huge amount of respect—and her Department. It is not about community empowerment at all; it is about stripping power from local authorities and concentrating it in Whitehall and the hands of the people in Whitehall.

Big Brother would be proud. Centralisation is devolution. Whitehall diktat is community empowerment. The fact that the Bill does the opposite of what it claims is, as we set out in our reasoned amendment, why we cannot give it a free pass. This Bill sidelines communities. This Bill forces restructuring without consent. This Bill wastes money while families are facing higher bills because of Labour’s mismanagement. This Bill disrupts and distracts councils from building the homes that local people need. Those are our objections. That is what we have set out in our reasoned amendment.

If the Government want to win the confidence of this House rather than just shoehorning their Back Benchers through the Division Lobby, they need to justify the demands embedded in the Bill. During the debate and when summing up, I sincerely hope that they answer our questions. Why centralise control? Why raise taxes? Why deny residents their voice? Those are the questions that those on the Treasury Bench need to answer before this Bill can make credible progress through the House.

The case has been set out, but before Members on the Labour Benches get too excited, let me put to bed a few spectres that have been raised. The Conservative party believes in devolution, not just in theory but in practice: we created many of the existing mayoral roles; we created police and crime commissioners; we empowered parish councils and neighbourhood planning; and we gave families the power to block excessive council tax rises. We devolved by consent—by agreement with local leaders—and not by Whitehall diktat.

The simple truth of the matter is that Labour does not and has never believed in devolution, and it does not deliver meaningful devolution. It is a centralising party and it centralises. This Government are abolishing councils without consent and forcing them to sign up to their model of restructuring. They forced the postponement of elections in nine county councils. That was unprecedented. Elections are the foundation of democracy, and denying them undermines public trust and confidence. In truth, denying residents their democratic voice was done for a very specific reason. It was done because Labour feared what people would say to it at the ballot box.

David Burton-Sampson Portrait David Burton-Sampson (Southend West and Leigh) (Lab)
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The right hon. Gentleman has just listed a load of things that the Tories did with devolution. He cannot deny that the reason we need devolution and local government reorganisation is because his Government significantly underfunded local government, which is now on its knees. We therefore have to take action to get local government back in a good place, and devolution and local government reform is one of those actions.

James Cleverly Portrait Sir James Cleverly
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I think the hon. Member said the quiet bit out loud: this is about putting up taxes on local people. That is what this legislation is fundamentally about; we know that to be true. I promise the House that I did not tee up that intervention—it was the next bit in my speech. Labour, by imposing this restructuring from the centre, is leaving local people without a voice. This legislation is about creating what this Government want, which is a cohort of subservient Labour mayors.

Let us look at what Labour mayors actually deliver—as I say, this speech was written before the previous intervention. Labour mayors put up taxes. Labour mayors increase the tax burden on local people. The Liverpool city region—up by 26%; Greater Manchester—up by 8%; West Yorkshire—up by 6%; and London, since Sadiq Khan took office in 2016—up by over 70%. Labour Members are quiet now, aren’t they? The truth hurts.

Simon Opher Portrait Dr Simon Opher (Stroud) (Lab)
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Can the right hon. Gentleman tell me, then, why Labour keeps getting re-elected to mayoralties?

James Cleverly Portrait Sir James Cleverly
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I will mention Paul Bristow later in my speech.

The difference is that under Conservative mayors, we keep costs down. Ben Houchen, for example, is delivering a zero precept. If more places get mayors under this Labour proposal, how much more will local people pay? Will Ministers—whether that be the Secretary of State or whoever responds to the debate—guarantee that costs will not go up under this model and that council tax will not rise under this model, or is this another set of taxes on hard-working families by stealth? The truth is that the record of Labour mayors is that they increase taxes by well above the rate of inflation. Also, will the pressure on parish council precepts also hit hard-working local people in the pocket? The Conservatives are in no doubt that, once again, it will be hard-working families and local people who will pay the price for Labour’s ineptitude.

It is not only families that will be hit. This Bill forces councils to merge, and prudent councils—those that have been careful with their money—will be forced to inherit the debt of others. How on earth is penalising good financial management at local government level fair? What protections will be in place to protect people from higher bills? Looking through the Bill, there are none that I can see.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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How does my right hon. Friend think my constituents on the Isle of Wight feel about being fused under a combined mayoral authority with Hampshire without having a single say?

James Cleverly Portrait Sir James Cleverly
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My hon. Friend’s point goes to the heart of these proposals. For all Labour’s warm words about community engagement, community voice and communities actually having a say, that is a classic example. I have visited the Isle of Wight, not only in a personal capacity but as a guest of my hon. Friend, so I know full well that even though the county of Hampshire has many, many excellent things, the people of the Isle of Wight want to maintain their autonomy—and they should have the right to do so if that is what they want.

It is not just that local councils will lose control of their finances; they will also lose control of their powers, which are being stripped from them in this Bill. Mayors are gaining sweeping planning and transport powers without council consent or representation. Let me give an example: what if communities oppose punitive anti-driver proposals from a mayor in their local neighbourhoods? How can they make their voices heard? Who will win? Will it be the mayor who has been imposed upon them, or will it be the local communities? What will the accountability model be for those mayors? We can see nothing in the Bill about people holding their mayors accountable. There is no provision for meaningful scrutiny during the tenure of the mayoralty.

The Secretary of State made reference to the upwards-only rent reviews. I completely get that that is a superficially attractive set of proposals, but what assessment has been made of the effective valuation of commercial property, including properties that are owned by the local authorities themselves? If she is confident that this is such a good idea, why was there no scrutiny? Why was there no consultation on these proposals? Do Ministers really think that that is best practice when it comes to creating a stable investment environment and confidence for people spending money in the high street commercial properties that keep our communities alive?

The silence on those questions about the Bill is frankly deafening, because the Government have no answer. This Bill is not about empowering local communities, and it is definitely not about empowering local councils. It is about creating a cohort of puppet mayors controlled by the right hon. Lady’s Department. I respect her enormously, but her ability to strip power not just from local councils but from the Prime Minister is something well worth watching. I think we should at least be impressed by that. I put this to Labour Members: if this is about community empowerment, why does it reduce local representation? If it is about fiscal responsibility, why will it burden ratepayers—council tax payers—with debts that their local authorities did not create? If it is about more homes, why does it hamper and suffocate councils with increased bureaucracy?

Devolution can work, and indeed does work, when it is done properly. We know that it works because Conservative mayors have delivered. Ben Houchen saved Teesside airport, delivered the UK’s largest freeport with 18,000 quality jobs and secured Treasury North in Darlington with 1,400 high-skilled roles, all with a zero mayoral precept. Paul Bristow in Cambridgeshire and Peterborough is ending Labour’s ideological attack on drivers. Boris Johnson, while Mayor of London, delivered the 2012 games and secured Crossrail. In the west midlands, Andy Street was a genuine champion for his region and a household name. Who has he been replaced by? A person who is not even a household name in his own household. That says it all. We Conservatives deliver. We delivered devolved government that delivers infrastructure, jobs and economic growth. What has Labour delivered? Higher costs and broken promises—[Interruption.] More tax, less delivery. That is the Labour way.

Chris McDonald Portrait Chris McDonald (Stockton North) (Lab)
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I thank the right hon. Gentleman for giving way—sorry for treading on his punchline. I was very pleased to hear his new-found enthusiasm for Teesside. That is something we all share, but it seems to stand at odds with the comments he made to my predecessor about the town of Stockton. Does he stand by those terrible comments that he made, or would he like to take this opportunity to apologise to my constituents?

James Cleverly Portrait Sir James Cleverly
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The hon. Gentleman really does need to keep up. I addressed those comments at the time. I have been to Stockton. I have campaigned with my good friend and colleague the Conservative mayor of the town. I have knocked on doors in Stockton, and I have a huge amount of respect for the town. The point I was making was about the then Labour representative, who I was not terribly impressed with, and the hon. Gentleman knows that that is the case.

We were always deeply sceptical about whether the content of the Bill would match its aspirational title, so we set five tests, framed in the form of five simple questions. First, is this a genuine choice for councils? Secondly, do all the affected tiers agree with the changes? Thirdly, is there genuine public support for the changes? Fourthly, will the changes keep bills down? Fifthly, will the changes protect social care? Having looked through the Bill, it is clear that the answer to every single one of those questions is no. Five questions, five failures.

As I have said, Conservatives are in favour of devolution when done properly, but only if that devolution is meaningful and only if local communities and their immediate representatives have the power to deliver. We are its champions because we delivered it. We have proven that it works, but it must be by consent; it cannot be by compulsion. It should be by partnership, not imposition, and by empowering councils and councillors, not by erasing them. This Bill is not devolution; it is central control. This Bill is higher taxes and weaker local democracy. This Bill is a power grab by the Secretary of State. It fails to deliver on its promise, and that is why the House must decline to give it a Second Reading and demand that the Government rethink these proposals.

None Portrait Several hon. Members rose—
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English Devolution and Community Empowerment Bill

James Cleverly Excerpts
Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the shadow Secretary of State.

James Cleverly Portrait Sir James Cleverly (Braintree) (Con)
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I will begin by recognising the work that has taken place in both Houses to try to improve this legislation, which is in many ways such a curate’s egg. It has faults and flaws that their lordships in the other place have worked towards improving, and I thank them for that work.

The Conservatives have been clear throughout the passage of the Bill that this is a centralising Bill. It takes decisions away from local communities and places them into the hands of Ministers, often without consent. We have already seen the consequences of this centralising of power and “Government know best” attitude. We have seen elections cancelled and then reinstated. We have seen the restructuring of local government imposed from the centre, driven by political considerations rather than the voice of the independent boundary commissions.

Local leaders are being presented with plans and told to comply. It is called a devolution Bill, but it is not devolution. We welcome the improvements to this Bill put forward by the Lords. The question before the House, however, remains simple: does this Bill empower local areas, or does it continue a pattern of centralised control? I will go through the Lords amendments in turn.

Lords amendment 36, which we support, would be an important and practical improvement to the Bill. It establishes the clear principle that brownfield land should be used first. That is just common sense. We want to get more houses built—of course we do—but we should start with land that has already been used rather than virgin land. The amendment protects communities while still enabling homes to be built with local approval and local consent.

Wendy Morton Portrait Wendy Morton
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My right hon. Friend makes a really important point. In the west midlands under the leadership of Andy Street, it was proven that we can regenerate brownfield sites—we have done it in the Walsall borough. The Government must be prepared, as we were when we were in government, to put in some funding to unlock those sites. It can be a win-win as we develop brownfield sites, regenerate our towns and cities, create the housing wanted by young people and old people, and protect the green belt and our green spaces for as long as we possibly can, allowing communities such as those I represent—600 people came out last weekend to protest against the Government’s measures—to enjoy the amenities of life that they currently do.

James Cleverly Portrait Sir James Cleverly
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My right hon. Friend is absolutely right: this fundamentally betrays a lack of ambition from the Government. The Minister for Housing and Planning will know Kidbrooke in south-east London, which is a fantastic example of redeveloping previously developed land. Poor-quality post-second world war tower blocks have been redeveloped, with increased beauty and increased density, which is good for the local economy and good for the local society. The Bill does nothing to encourage more developments like that; it encourages developers to build cheap and awful in green fields around urban areas, which is the opposite of what should happen.

Will Forster Portrait Mr Forster
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Will the right hon. Member give way?

James Cleverly Portrait Sir James Cleverly
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No. Let us talk about local consent. Lords amendment 98 addresses one of the central concerns with the Bill and would ensure that changes to local governance cannot simply be imposed from the centre. That matters, because devolution must be with the consent of local people and not imposed from Whitehall.

The Lords rightly scrutinises the role of mayoral commissioners, and Lords amendment 4 would strengthen transparency in their appointment. We have consistently argued that power must come with proper accountability. Following engagement with colleagues in the other place, the Government have published draft guidance on appointments and remuneration. That is welcome, but guidance is not the same as proper accountability, and there remains a real risk of expanding layers of expensive and unelected roles without sufficient scrutiny. We will continue to press for further and stronger safeguards.

On governance in London, Lords amendment 13 would make a targeted change to how decisions are taken on council tax requirement. As was said by my hon. Friend the Member for Bromley and Biggin Hill (Peter Fortune), who is sadly no longer in his place, it would lower the threshold for the London Assembly to amend those decisions, strengthening its ability to hold the mayor to account. That would be a step towards greater democratic accountability in London, and we support it.

While we support those improvements, concerns do remain. On Lords Amendment 42 and land disposal, we have been clear about the need for proper safeguards. We argued that any change in this area must be preceded by a full review. The Government promised a wider review of protections for public open spaces and that they would engage widely before recommending any changes. Yet those commitments have been watered down and suddenly, we discover that a proper consultation has become an internal review. That is why we have again tabled an amendment to require a proper review of open space availability before the powers are exercised.

Paul Kohler Portrait Mr Kohler
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Will the shadow Minister give way?

James Cleverly Portrait Sir James Cleverly
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I will, because I have a thing to say about the hon. Gentleman’s party.

Paul Kohler Portrait Mr Kohler
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Does the right hon. Gentleman agree that the Tories’ amendment (a) would do nothing and that it is actually just a tick-box exercise that would allow Lords amendment 42 to pass with the Minister just having to have regard to a report? Why did the Tory party not vote against the amendment? There are many that did not pass. Why did they not vote against this amendment from Lord Banner?

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James Cleverly Portrait Sir James Cleverly
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I completely disagree with the hon. Gentleman’s assessment. Had his party in the other place voted to keep the protections in, we would not be having this discussion at this Dispatch Box now. His party failed to do its work in the other place. I will not stand here and be lectured by his party, which failed to do its job.

The pattern is familiar. The Government centralise powers first and then consider accountability later. Some amendments before us represent sensible improvements and we will support them where they do. However, the underlying concern with the Bill remains. Devolution must trust local people in local areas. In so many ways, the Bill does not. Devolution only works when there is proper transparency in decision making and proper safeguards when powers are expanded. In many ways, this Bill does not have that. That is what we will continue to press for and that is why we will continue to hold this Labour Government to account. The Bill has serious consequences, it is still deficient, and we will support the Lords amendments that improve it.

Elsie Blundell Portrait Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
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The implications of this legislation will be significant for communities across the country. It is therefore crucial that we get it right.

I pay tribute to Eamonn Boylan, who sadly passed away earlier this month—a pivotal figure for Greater Manchester’s devolution journey. During his time as chief executive of the combined authority, he understood that the more power we obtain, both regionally and locally, the more we can deliver. Eamonn certainly helped Greater Manchester to deliver, following the progress made by the likes of Sir Howard Bernstein and Sir Richard Leese.

We in Greater Manchester have been at the forefront of progress in this area and we have been focused on one thing: making tangible improvements to the lives of those who elect us. This Labour Government must be radical in their approach to devolution, bringing power closer to people and not hoarding it in this place, and we must future-proof this Government’s achievements from those who would seek to undermine and unravel our progress.

We need to ensure that the transfer of power to our communities is permanent. From adding culture as a devolved competence to strengthening restrictions on gambling premises, there is much to welcome in the amendments. Today I will cover the amendments related to private hire vehicles, both in terms of national standards and Lords amendments 55 to 62 on enforcement powers for drivers operating in other areas. I previously tabled an amendment on this matter, which I believe would have empowered mayoral strategic authorities to require private hire vehicle drivers to licence within their region. That would have brought licensing, enforcement and monitoring closer to home and forged stronger ties between drivers and the communities they serve.

I acknowledge the efforts of Baroness Pidgeon, who sought, as I did, to phase out out-of-area operations. I welcome the steps that the Government, in the form of Lords amendments, have taken towards enabling licensing authorities to take enforcement action against a PHV licensed out of area and to temporarily suspend licences.

I especially welcome the steps that these amendments take to improve information sharing between licensing authorities on the conduct of individual drivers. Although I support this step and the Government’s work on national standards, we must acknowledge that the system at large will still be characterised by out-of- area operations. I commend what the Government are seeking to do, but if we are to bring about better enforcement processes, we need to incentivise or perhaps mandate drivers to license locally and therefore disincentivise drivers from taking shortcuts to obtaining a licence hundreds of miles away from where they wish to operate.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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With the leave of the House, I will close what has been a considered and insightful debate. Many hard-working communities in this country have been neglected for far too long. They have seen good jobs disappear, their high streets decline, and the dream of a decent, affordable home fade. This Bill will do the job of empowering forgotten communities and restore local pride by making devolution the default setting. It will give our strategic authority mayors new powers over transport, planning, housing and regeneration, and help rebuild local government so that it can once again deliver strong local services that we all rely on. I thank all right hon. and hon. Members for their important contributions, and I will respond to some of them in the time left.

Again and again, the right hon. Member for Braintree (Sir James Cleverly) has accused the Government of this being a centralising Bill. Candidly, that is just not true. The Conservatives, who had an ad hoc and all-over-the-place approach to devolution over the last decade and a half, had the opportunity to fundamentally reset the relationship between national Government and local government, and they chose not to do so. We are acting where they did not act. We are doing the biggest transfer of power that we have seen in a generation—

James Cleverly Portrait Sir James Cleverly
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To central Government!

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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No, to our mayors, our local leaders and our communities. Not acknowledging that is quite simply churlish.

The right hon. Gentleman raised the key issue of scrutiny of commissioners and all the key decision makers at strategic authority level. We recognise and agree with that, which is why we have included amendments to introduce stronger local scrutiny committees with greater teeth, so that with greater responsibility comes an accountability framework to make sure that we hold decision makers to account on behalf of local people.

On the question of reviewing the protection of public spaces, I am the Minister responsible for green and public spaces, and I am absolutely committed to making sure that such assets are available to all our communities. We are committed to doing a review, and we are very clear that the powers that have been introduced with regard to statutory trusts will not be used until we have concluded that review.

The hon. Member for Guildford (Zöe Franklin) spoke to Lords amendment 2. Again, there is no agreement on policy. We are very clear that mayors have a responsibility to ensure that their rural communities are looked after and protected, and the reality of what we are seeing in places like North Yorkshire is that that is exactly what our mayors are doing. We do not believe that we need to put that on the face of the Bill, because it sits within each of the competencies that mayors will have to take on board. The guidance that sits alongside that, which points to good practice and the work that mayors have done, will be far more powerful in ensuring that this policy bites in the communities where we want it to bite.

Several Members spoke about the brownfield-first approach, and we agree with that policy. That is very clear in the national planning policy framework, which we have strengthened to ensure that it is the case. [Interruption.] No, I am not just saying it, because that is the policy, and the policy determines what happens in the planning framework. However, we are clear that is there is variability—[Interruption.] The shadow Secretary of State says we are centralising, but we say we should leave it to mayors and local authorities to deal with diversity in their particular circumstances, so that they are not caught in legal wrangling, but can make such choices. The policy is very clear: it is about putting brownfield first. Critically, unlike the last Government, we are investing to enable our councils and our mayors to remediate and regenerate such land, so that the policy can bite in the way it is supposed to.

On the question of the cabinet and leader model, I go back to the fact that we are doing this because we fundamentally care about creating strong local authorities that can deliver for their people. Some 80% of local authorities already have this model, and it is effective. We have already made the concession that, where alternatives such as the committee model or the mayoral model exist in particular places, they can see out their terms. However, we think it is right to move in the long term to a model that will serve local people.

The hon. Member for Guildford also talked about devolution being imposed. On the approach we have taken to strategic authorities—I ask the House to judge us by the way we are acting, not just by the words I say—we are incredibly clear that it is ultimately for local partnerships to come together, and Government will enable and pass devolution down to them. We are not imposing, and we are committed to not imposing.