English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateLord Lansley
Main Page: Lord Lansley (Conservative - Life peer)Department Debates - View all Lord Lansley's debates with the Ministry of Housing, Communities and Local Government
(3 days, 6 hours ago)
Grand CommitteeMy Lords, I have Amendment 206 in this group. I guess it is fishing in a similar pool to that of the noble Lord, Lord Wallace, but with a more explicit purpose.
With the increased size of local authorities that we are going to get, we will have cities becoming parishes. At the moment, I think the largest parish form of council is Northampton, which has a population of about 130,000. I do not know what the outcome of the local government reorganisation will be, but quite a large number of towns and cities that have a substantial population will have their powers reduced to that of parish and town councils. My guess is that there will be an expansion in parishing in those areas because people will want to make up the democratic deficit.
However, my point in this amendment is to try to ensure that, where neighbourhood areas are identified as being important—as, for instance, with the Pride in Place programme—the parishes, whether town or city-style parishes, are at least represented. As the noble Lord, Lord Wallace, correctly argued, they are a form of elected democracy and are there to represent their local community. While we all celebrate and work with people who are from neighbourhood organisations, they do not have the same standing in their community because they have not been directly elected by local residents. What I am therefore trying to achieve with this amendment is that, at least where neighbourhood areas are identified and a governance body is established for a neighbourhood area, parish and town councils should have a stake in that organisation. That is what my amendment seeks.
My Lords, I have a number of amendments in this group and will speak to them in turn, but I just begin by saying that I agree with the noble Lord, Lord Bassam. His Amendment 206 and my Amendment 207 are complementary, and in a sense, ask the same question: if one is creating effective neighbourhood governance, does one do it by incorporating town and parish councils into some structure or by investing town and parish councils, as far as possible, with functions and responsibilities themselves? That is where I think our amendments are complementary and could in practice be adopted in one direction in some places and in another direction in others. I accept that this is not our job in this clause, which seems to be the only clause that does not get its own schedule. I would want to have a schedule attached to this clause that set out in intense detail how this would be done because it would vary from place to place.
I was listening to the noble Lord, Lord Blunkett, earlier; I did not interrupt, but the Long Title has no interpreted legal force. It is called the English Devolution and Community Empowerment Bill, and that is a means of citation, but the Long Title does not mention community empowerment. In effect, you can look at what the Bill is called but then you look at the Long Title and it just makes provision about various forms of authorities. It does not actually say that the purpose of the Bill is to devolve power or to empower communities. It is our job to ensure that the Bill really does that. Clause 60 ought to be about community empowerment, which is where my Amendment 208 comes from. In so far as there should be guidance to local authorities on how they go about creating effective neighbourhood governance, it should be geared towards empowering and engaging local communities. It is not necessarily the case that that would happen.
I live in Suffolk. My noble friend Lady Scott of Bybrook and I were both at the same meeting where the intention—it may be intention in many places—is to create neighbourhood governance. This is, in essence, the elected members of the unitary authorities forming a committee for an area. I do not say that that is irrelevant to this purpose, but it is not the same thing as town and parish councils, which have their own identity, their own powers, their own connections and relationships with all the people who live in that precise area. I come back to the word “identity” because, as all noble Lords understand, political identity is very important in how one creates political and organisational governance structures. The starting point for government structures should be: what is one’s political identity? As it happens, in Suffolk, most people probably identify with their town or parish. That is where they start from. My proposition is terribly simple, which is that towns and parish councils should be, wherever possible, strengthened and their functions maintained or enhanced by this process of local authorities creating effective neighbourhood governance.
My Lords, might I ask the noble Lord a question about which areas are not parishes? My strong impression is that the unparished areas in Britain are, by and large, poorer inner-city areas —those areas that are most disengaged and disillusioned with politics. If that is the case, it ought to concern us, but I have not yet managed to get full evidence of it.
I am sure the noble Lord is absolutely right about that. The interesting thing is that, just because an area is urban, it does not mean that it does not have parishes. London, one of the biggest cities in Europe, is very often called a city of villages. That they are called parishes is normal in urban areas as much as it is in country areas. “Parish” is not a rural concept; it is a well-established historical concept, wherever you happen to live. Extending parishes across the country would be an admirable way of extending neighbourhood governance.
My Lords, could I take advantage of my noble friend’s expertise again? How are unitary councils included under Clause 60(5)? It lists only counties, districts and London boroughs, so I am not clear how the clause applies to unitary councils.
I think the Minister might wish to refer to that, if necessary. My understanding is that, just because an authority is unitary, it does not mean it stops being a county or a district. You could have single foundation counties and districts, in theory.
My Lords, I will speak on Amendment 209 in the name of my noble friend Lady Bennett of Manor Castle. I am not going to mention parishes; it is too controversial. In my village, the parish council is incredibly important. It sets up a litter pick, once a month, which I do every month and it is wonderful. I love walking out in front of cars in the village that are going too fast and just stopping them with my little stick. There is not much rubbish left anymore.
The noble Lord, Lord Wallace, used a very good word for what this side of the Room is experiencing: unease. Sometimes it goes a little bit beyond that, as well.
This amendment seeks to strengthen Clause 60 by setting clear minimum standards for meaningful community participation in neighbourhood governance. The Bill repeatedly speaks in the language of devolution, empowerment and bringing decision-making closer to communities but, to do that, you must make sure that people are genuinely involved in shaping decisions, rather than just being consulted once it has all been fixed.
As the Bill stands, it requires only that “appropriate arrangements” are made for local engagement. That phrase is far too vague, and that vagueness risks exactly the sort of weak or inconsistent participation that has undermined public trust for years. Without minimum standards, engagement can easily become technically compliant but practically meaningless. Meaningful participation requires more than consultation; it requires deliberation, and spaces where people can learn, discuss, challenge and contribute to shaping outcomes. That is why the amendment refers to
“deliberative processes such as citizens’ panels, assemblies, or community conversations”.
In my village, we have community conversations on the street, on a regular basis—and very healthy it is too.
These approaches are well established, increasingly used by councils and effective at engaging people who would not normally take part in formal consultations. The amendment also rightly emphasises inclusion; there is a danger that engagement exercises are dominated by those with the time, confidence and resources to respond. Communities are affected most by decisions, and those who are already underrepresented in policy-making are precisely the voices that are hardest to hear and most important to include. That probably counts double for inner-city parishes or areas.
Transparency is equally important. People need to be able to see how their input has influenced decisions. When communities are asked for their views but see no visible impact, trust is eroded. We need to report on how engagement has shaped plans and outcomes.
The amendment also recognises that meaningful participation needs support. The Minister has said that there is a lot of money going into local councils. I very much hope that it is enough to do exactly this sort of participation and engagement, because asking councils to deliver deeper participation without providing the means to do so risks setting them up to fail.
I do not think that existing powers and future regulations will be sufficient. Although flexibility matters, flexibility without standards leads to inequality. Minimum standards prove a floor, not a ceiling. They ensure that all communities can expect a basic level of involvement. There are excellent examples of councils doing this well; the purpose of the amendment is to ensure that such good practice becomes the norm, not the exception.
I can understand that, but how does a big town council for 100,000 or so people actually work within a unitary of half a million people, given that the town council will have the powers of a parish only and most of the decisions will be taken by the unitary? The important structure at the level of the town will not be the town council, with its rather artificially constrained boundaries, but the local unitary neighbourhood—whatever it calls itself—with the rather expanded boundaries, and the budget, and responsibility for all the things that we want to happen, which the town council will not have any of. If we are looking at parishes, we do not want them on ward boundaries. Ward boundaries have grown to fit the needs of the Electoral Commission. If we are having parishes, we want them to represent communities, which we do not have with our ward boundaries.
I have been looking at the clause and I come back to the fact that the local authorities in question are clearly not strategic authorities; the point is that they are the unitaries. I do not know about Sussex, but in Suffolk, for example, the unitaries may end up being districts or the county but, either way, they will be comprised within the local authorities that would have to undertake this job. Bear in mind that Clause 60 does at least enable functions to be conferred on this neighbourhood structure, so if one were to establish a town council in Eastbourne, the unitary in question—let us say it was a county—could seek to confer functions on that town council.
Yes, but the town council will be on our current boundaries, presumably, whereas to work with the last 30 years of building and development we really ought to incorporate all those large areas of housing and commerce that Wealden has stuck on our boundaries rather than elsewhere. Understanding how the Government intend to proceed on this is relevant to the decisions that we are being asked to take now. I very much agree with what other noble Lords have said. Representation is important, as are the concepts of parish and local identity. We would like to take what will be a rather challenging decision in the full light of knowing what the alternatives open to us really are.