Draft Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024

Jim McMahon Excerpts

Wednesday 13th March 2024 General Committees

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

It is a pleasure to serve on the Committee under your chairmanship, Ms Rees. The Opposition do not intend to divide the Committee on the regulations, and I welcome the opportunity to address them on behalf of the Opposition.

The instrument makes provision for the membership and proceedings of overview and scrutiny committees and audit committees of combined county authorities, and for the payment of allowances to members of constituent councils of combined authorities and combined county authorities who are appointed to those committees. The Minister went into some detail about what the instrument is intended to do and what it covers, but I want to explore some other aspects of it, while obviously staying in scope, Ms Rees.

My first point, on which I know there will be quite different views, relates to the provision made for overview and scrutiny members to receive allowances. I am guessing that that provision focuses primarily on co-opted members with specialisms, who may be brought in to add value to the scrutiny process. However, notwithstanding the Minister’s comments about councillor pensions—and I accept the strong argument that being a councillor is a vocation, a call and a public service—the Minister must recognise that the more someone does, the less time they have. There are only so many hours in the day, and if a ward councillor, cabinet member or council leader sits on a combined authority, they may now be giving evidence to an overview and scrutiny committee on top of that. That is a full-time job with full-time responsibilities, and it must not be that working-class people who do not have an independent income are not allowed to build up a pension fund for their retirement for that service. This is a point of principle. I do not want to reopen the whole pension debate, but I place that challenge on the table. This is not black and white, and a degree of realism is required.

The measures essentially mirror powers given to local authorities and current combined authorities, so can the Minister confirm that overview and scrutiny committees will have call-in powers? When executive decisions are made by the combined authority, will overview and scrutiny members have the power to call in that decision? Also—this is important in the light of the recent controversy in Teesside—will their remit cover trading companies and joint venture companies that are undertaking work and contracts on behalf of the combined authority?

Can the Minister confirm that the overview and scrutiny committees will have the power to conduct a best value review? Outside of the work programme that the combined authority will be undertaking, would they have the power to self-organise a work programme of their own and undertake deep-dive reviews as they see fit, whether those are about regeneration projects, transport infrastructure or matters the Government might be imposing, such as clean air zones or spatial development frameworks? Can the Minister confirm that the scrutiny committee will have the power to co-opt expert members and, if so, that the scheme of allowances will be varied to reflect the different costs that that might attract? The cost of populating an overview and scrutiny committee with lay members to get a wider resident perspective might be quite different from the cost of getting a specialised accountancy perspective, which may attract a higher price.

We are 13 years on from the establishment of the Greater Manchester Combined Authority, and the scrutiny functions put in place then have not really been reviewed in their totality since. We have just expanded them to cover more combined authorities and more county combined authorities. Do the Government see the regulations as an opportunity to review the effectiveness of overview and scrutiny to ensure that the relevant checks and balances are in place, as more and more is devolved down to local level? The public rightly expect that, with more taxpayer’s money—public money—involved, the checks and balances will be robust and fit for purpose. I would welcome a response on that.

My final point is more about the long-established principle of new burdens, which ensures that, whenever Parliament passes new legislation that requires councils or combined authorities to do something in addition to their existing powers, the cost of that new responsibility is borne by Parliament and the Government, not the component councils. I am not saying that we need a money resolution or a proposal to give grant support to combined authorities, but we need to be careful that we do not create legislation that allows combined authorities to create overview and scrutiny, and audit, functions, if they do not have the specialist teams they need to support them properly. We all know that when local government excels in scrutiny, it is because it has a well-resourced team that enables it to do proper, deep-dive reviews and investigations, to call in expert witnesses and to really go through things. I am not seeing that provision of finance in these regulations, so I would welcome a response on that.

Labour is fully supportive of devolution. We also recognise that, the more powers we give out, the more robust the checks and balances need to be. We are concerned that 14 years of Conservative economic management, compounded by spiralling inflation and the failure to grow our economy, have hit councils hard. We are keen to ensure that locals are supported where the Government have failed. We will not expect councils to live hand to mouth, with short-term financial settlements year on year—I think we are now on our sixth single-year financial settlement, which makes it difficult for councils to plan. Labour will give councils long-term, multi-year funding settlements so that they can plan ahead, as well as the tools they need to get on with the job.