English Devolution and Community Empowerment Bill

Lord Bichard Excerpts

Committee stage
Tuesday 27th January 2026 Grand Committee

[Lord Shipley (LD)]

My Lords, I rise to move Amendment 53 on behalf of my noble friend Lady Pinnock. This amendment is about how you scrutinise mayoral commissioners. I noted what the Minister said in responding to the previous group about the mayor or combined authority members being responsible for scrutinising commissioners, yet that removes any responsibility on the constituent authorities to undertake scrutiny. It is doubly important that elected members of the constituent local authorities have some powers in scrutinising the work of a commissioner. They will need powers to do that—to require the mayor and relevant commissioner or indeed any member of their staff to attend and give evidence—so it can be a requirement to attend rather than a request to attend, and there should be an ability to require the production of any documents relevant to the exercise of a commissioner’s function.

There should then be a right to publish reports on the committee’s findings and recommendations, with an absolute power to do so; it would not be for the combined authority or the mayor to say that this matter cannot be published. It is really a fundamental matter about who is in a position to scrutinise what mayors do.

Can I make just two points about scrutiny, which will come up later in our deliberations? The best form of scrutiny is one that happens before the decision is made, not one that comments on a decision after it has been made. The best way in which to deliver that objective is through a committee system, because a committee system actually authorises decisions to be made and has the major advantage that the scrutiny is happening at the same time as a decision is made.

I have found it very disappointing in the Bill that quite so much is being said about the committee system and its perceived failures, most of which I do not recognise. It may be that when we get to further discussions in Committee and then on Report, further consideration can be given to those matters. I hope the Minister will be able to say that the Government do not downplay the importance of scrutiny, particularly when so many issues and so much public money is involved in the proposals to devolve power to mayors and commissioners. I beg to move.

[Lord Bichard (CB)]

My Lords, I rise to speak to my Amendment 191, and, in doing so, declare an interest as an honorary vice-president of the Local Government Association.

The amendment would provide for the establishment in every local area of a local public accounts committee to ensure the effective scrutiny and accountability across the whole range of public service spending and activity in that area, not just the actions of the strategic authority or the mayor. So why is an amendment like this necessary?

During the past 40 years we have seen in this country a radical fragmentation of our public services with the establishment of a myriad disconnected, sometimes single-purpose agencies. Sadly, these have too often worked in isolation, seeking to achieve their own specific targets energetically, but on occasions their efforts have conflicted or overlapped with their partners. They have too often worked in silos and, sadly, regulators have been very slow to recognise and challenge that. As a result, the public often struggle to access or even make sense of the disjointed services which this system has produced. In addition, resources are wasted because of the overlap and duplication, bureaucracy thrives, and there is inevitably a culture of competition rather than collaboration. This needs to change, but I do not believe that, as drafted, the Bill alone will achieve that level of change. If we are adequately to integrate public services in a locality, all public service providers and partners have to build co-operation into everything they do.

A later amendment in my name seeks to impose a duty on all local public partners to do just that. But alongside that kind of duty we also need to put in place local accountability—and not always accountability to the centre, which has been the model we have followed for so long. We need more local accountability to ensure that genuine co-operation does take place, so that services are delivered which are actually recognisable to ordinary local people and which meet their needs effectively.

English Devolution and Community Empowerment Bill

Lord Bichard Excerpts

Committee stage
Thursday 29th January 2026 Grand Committee

[Lord Jamieson (Con)]

My Lords, Amendments 98 and 99, tabled in my name and that of my noble friend Lady Scott of Bybrook, concern the treatment of local partners in the Bill. While the Bill places a duty on strategic authorities to convene local partners and an obligation for those partners to respond, this falls short of meaningful consultation or genuine co-production. Without an additional requirement to engage substantively, Clause 21 risks becoming little more than a tick-box exercise, as the Local Government Association has warned.

Clause 21 will give the mayor of a strategic authority the power to convene, but what matters is that they can get something done. If a body is competent in an area but does not hold the power to make decisions, allocate resources or change delivery, what is the point of convening a discussion? Is the expectation that those with competence will be able to influence those with power, or that power will in time follow competence? Or is the purpose simply information sharing and having a nice cup of tea?

More practically, how do the Government envisage that these convened meetings will lead to tangible outcomes if those around the table lack the authority to act on what is discussed? I raise this not as a criticism of the clause but as a genuine question of intent. This is a very real issue. As chairman of the Local Government Association, councils continually raised with me the difficulties of getting local partners to genuinely work together to deliver for the local area. I am a huge believer in devolution and think that the local area, whether it is a strategic area or a council, will better deliver for its residents than something directed down from Whitehall.

The propensity of partners is to focus on the short term rather than the fundamental long term. I raise a case in point. On health, we all recognise that prevention, early intervention, health hubs, supporting the vulnerable in suitable homes and a co-ordinated approach to hospital discharge are all the right things to do. However, I recall sitting down at a meeting with my local NHS trust chiefs and they said, “We absolutely agree with you, but on Monday morning the chief executive”—the now noble Lord, Lord Stevens—“will ring me and ask: what is my A&E waiting time? How many discharges do I have today? That is why I have to focus on that”. It is therefore important that the priorities for the area are reflected in those partners.

This is also the case, particularly given their role in economic growth and strategic planning, for things such as drainage boards, utility companies, the DWP and the Highways Agency. Their focus is too often on what matters nationally and what their masters in Whitehall are saying. While they are sympathetic, they will focus on those issues, when there is an important duty to focus on the local.

Fundamentally, if meetings and responses do not amount to meaningful action and outcomes, there is not much point. Genuine devolution is about consent and local leadership. It is not about Whitehall and Ministers sitting behind desks mandating how partners should collaborate. These amendments seek to ensure that partnership under this Bill is real, accountable and rooted in local decision-making rather than some centrally imposed obligation. I beg to move.

[Lord Bichard (CB)]

My Lords, I will speak to Amendment 237 in my name. I thank the noble Baronesses, Lady Scott and Lady Eaton, and the noble Lord, Lord Jamieson, for adding their names to it. I know that the noble Baroness, Lady Eaton, wanted to be here this afternoon; she has not been well this week so, on the Committee’s behalf, I wish her well.

My simple amendment seeks to place a duty on local public service partners to co-operate. Many people believe that the governance system in England has two major flaws. The first is that it is excessively centralised—probably the most centralised in the developed world—which this Bill seeks to address. In my judgment, the second major flaw is that statutory agencies have too often failed to work effectively together, a problem which has been exacerbated by the way in which the state has fragmented over many years. Put simply, we have established ever more agencies—some of them single purpose—in the belief that this would bring sharper focus and greater efficiency. In reality, this fragmentation and lack of collaboration has produced more negative than positive consequences.

For example, it has produced disjointed services which do not align with the needs of ordinary people. They just do not recognise them. It has produced policies and services which overlap and, at worst, conflict. As I shall go on to say, that costs a lot of money. The same lack of collaboration has produced waste, additional cost and a failure to share data and information. That has been most tragically evident in the never-ending cases of child abuse. A lack of sharing data and information is at the core of those tragedies. Fundamentally, it has produced a damaging culture of competition between providers when ordinary folk just want to see collaboration, partnership and co-operation to address their needs.

Down the years, various attempts have been made to tackle this silo working. Central government departments have tried to work in a more joined-up way. Noble Lords must form their own opinions as to whether that has been successful; I think it is a work in progress.

After the local government reorganisation in 1974—and I know that it is difficult for noble Lords to believe that I was there at the time—one or two county authorities appointed liaison officers to encourage closer working between districts and county councils. I was one of those. In 2012, health and well-being boards were established to improve working relationships between health authorities and local authorities, particularly on the subject of social care. More recently, health authorities have set up their own integrated care boards—again, with variable success to date. The last Labour Government championed an initiative, in which again I was pleased to be involved, called Total Place, which was enthusiastically embraced by many local agencies. More than 100 places quickly endorsed the concept of Total Place but, when the Government changed, they decided not to continue with Total Place. Now we have this Bill which, as we have heard, includes provisions for strategic authorities to convene meetings that partners will attend, again to ensure better co-operation.