Local Authorities (Changes to Years of Ordinary Elections) (England) (Revocation) Order 2026

Lord Lansley Excerpts

Tuesday 21st April 2026 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, very briefly, and perhaps with a little surprise, I agree with the noble Baroness, Lady Scott of Bybrook, on the Conservative Front Bench: we have to regret what happened about these elections. We can also celebrate that eventually democracy won out. I am looking forward to the affected elections on 7 May, not just because the polls suggest that they, across these islands, are going to work out rather well for the Green Party.

Regret is the right term, but we might also say that what has happened—the mess of the Government’s creation in terms of these on again, off again, on again elections—has helped to highlight the weakness of our constitutional arrangements, which really cannot be described as a democracy. We have a situation in which Westminster is dictating far too much what happens on these islands, not just in terms of elections but in so many other ways. We have local councils that have enough money and power to carry out only their statutory responsibilities; that is, those dictated from Westminster.

We really need to think about so many other issues on these islands, not just because of the outcome of the Brexit referendum in 2016, but because of the slogan that people very clearly expressed then. They wanted to take back control. People do want to take back control in their local communities and to have the power and resources there; and, crucially, they should know when the elections are going to be. That should be a regular schedule that cannot be interfered with for political convenience. I commend the noble Baroness for persisting with this, because it is an issue we need to keep highlighting. We need to keep stressing that this is just one example of the way in which our current uncodified constitution, accreted over centuries of historical accident, is not meeting our needs in the 21st century.

[Lord Lansley (Con)]

My Lords, I want to intervene briefly by referring to the example of Suffolk. I entirely agree with my noble friend on the Front Bench about these issues. I draw attention to the fact that I chair the Cambridgeshire Development Forum and support the Norfolk and Suffolk Development Forum, although I do not chair that. But for these purposes I am speaking simply as a Suffolk resident.

There we were in Suffolk, keen, certainly from my point of view, to progress the devolution priority programme for Norfolk and Suffolk. We were then told that the mayoral election for the Norfolk and Suffolk strategic authority was to be delayed. That decision has not been revoked. The decision to delay or to postpone the county council election in Suffolk has now been revoked, which means we will have county councillors, who I think were originally elected in 2001, serving all the way through to 2027—

[Lord Hayward (Con)]

You mean 2021. You said 2001.

[Lord Lansley (Con)]

Did I? Sorry—2021, serving all the way through to 2027, maybe even to 2028 in practice, and overlapping with unitary councils that are to be established with elections taking place in May 2027.

As I think I have demonstrated through my difficulty in trying to follow all this, these are unnecessarily extremely complicated processes for trying to move devolution forward and get us to the point where we are in a strategic authority with unitary councils. The lack of pace in a Government who are always telling us everything is happening at pace seems to have led to an unnecessarily complex situation, not least for the voters and residents of Suffolk. With local government reorganisation taking place at the same time, we are going to end up paying more for the processes of managing this overburdensome democratic situation. I hope that in the context of this debate, the Government will say that they will look very hard at ensuring that they compensate local authorities and support them in managing the delays that they have occasioned.

[Lord Davies of Brixton (Lab)]

I want to remind the House of a contribution I made during the passage of the English Devolution and Community Empowerment Bill. I listened with interest to the contribution from the noble Baroness, Lady Scott of Bybrook, but with a large degree of scepticism, because I personally experienced exactly the issue that is being complained about, at the hands of the Conservative Government. I was re-elected in 1981 to the Greater London Council, with my term due to end in 1985, and the Conservative Government—the noble Lord, Lord Baker of Dorking, is the guilty party here—extended my term of office to 1986. So, it is quite clear that there is no point of principle here. I am glad that it has ended up the way it has, but to try to make out that one party does it and the other does not is totally wrong.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I am pleased to respond to this regret Motion for the Government. Before turning to the order itself, I think it is worth setting out the wider context for the local government reorganisation programme. We are on track and making good progress, including elections scheduled this May for east and west Surrey ahead of an April 2027 go live date, giving new councils stability and a clear mandate. We have also announced decisions in four further invitation areas: Essex, Southend-on-Sea and Thurrock; Hampshire, Isle of Wight, Portsmouth and Southampton; Norfolk; and Suffolk.

These are decisions that will improve how local government works for over 6 million people, with the next tranche on track to deliver decisions for summer 2026. This demonstrates that our ambitious reorganisation programme is on track to deliver the real benefits that we intend from it, and to deliver on the biggest devolution of power, finance and control, as the noble Baroness, Lady Bennett, described it, to local people in a generation.

Turning to the order itself, I add my thanks to those already expressed around the Chamber to the Secondary Legislation Scrutiny Committee. My noble friend who chairs that committee has been very helpful to me in debating some of the issues that have arisen during these debates.

Changes to election timing are not taken lightly. They have been used only where there is strong justification, closely linked to supporting effective local government reorganisation. In recent years, that has included areas such as Cumbria and North Yorkshire, where adjusted timetables helped provide stability during transition to new unitary councils. That same practical rationale underpins its more recent use, including in Surrey, where reorganisation is critical to ensuring the financial viability of that area’s councils.

Of course, I recognise that concerns have been raised about local democracy. Democratic legitimacy matters profoundly; people must have confidence that their vote counts and their voice is heard. But they must also have confidence that the structures into which representatives are elected are capable, sustainable and fit to deliver the services on which communities rely. Our responsibility is to safeguard both, and that applies to all parties in this House which are responsible in government. That balance has guided the Government’s approach throughout the reorganisation programme, including in listening carefully to concerns raised by councils themselves and considering the appropriate approach to election timing within the wider context of effective transition.

As the House will know, the Secretary of State’s original decisions followed representations from local authorities. In 30 areas, councils set out evidence on the challenges of delivering structural change alongside full ordinary elections, and the view that postponement would release essential capacity to deliver reorganisation. I know that the noble Baroness, Lady Scott, gave us some of the timetable, but I want to go back to before the timetable that she outlined.

On 18 December 2025, the Minister wrote to 63 councils scheduled for May 2026 elections inviting representations on whether postponement would release essential capacity, with a deadline of response by 15 January. We received 500 representations from councils, MPs, the Electoral Commission, parish councils and members of the public. Clarification letters were sent on 19 January to four councils where the position was unclear. The Secretary of State assessed each council individually, considering evidence of capacity constraints—that is, political, senior officer and electoral returning officer impact—as well as financial implications, democratic considerations and wider representations.

On 22 January, we announced the intention to postpone elections for 29 councils and allow 34 to proceed. We then received further representations from Essex County Council and Pendle Borough Council for decisions to be reconsidered. On 29 January, we confirmed the final position of 30 council elections postponed and 33 to proceed. That preceded the timetable that the noble Baroness, Lady Scott, set out; I just wanted to clarify how we had got to that situation on 5 February.

Decisions were therefore taken on a case-by-case basis, informed by all those representations, and were in line with the existing precedent for aligning electoral cycles with periods of structural transition. Following the receipt of further legal advice, the Government revoked that decision. That revocation was given effect through the order now being debated in the House. The decision was taken to provide certainty for councils, candidates and voters, with the result being that all elections originally proposed for postponement will proceed in May 2026, and preparations for those elections are continuing on the restored timetable.

[Lord Lansley (Con)]

The Minister has not told us at all, and nor indeed does the Explanatory Memorandum tell us, the nature of the legal vulnerability that was implicit in the decision to reconsider. The fact that the decision had to be taken by an independent Minister in her own department, not by the Secretary of State, suggests that there was a significant flaw in the original decision that was made.

[Baroness Taylor of Stevenage (Lab)]

I was coming to the legal advice and I will do so. I hope the noble Lord will be patient for a moment while I get to that part.

Looking beyond the delivery of the current local elections, the Secretary of State said on 23 February that the Government would reflect carefully on the concerns raised by your Lordships about the use of these powers during the passage of the English Devolution and Community Empowerment Bill, particularly the concerns expressed about postponing elections for more than one year where a council is undergoing local government reorganisation and the risk that repeated delays to elections can weaken the democratic mandate of councillors.

Against that backdrop, the Government tabled an amendment on Report to prevent double postponement for reasons connected with reorganisation. That is a concern that the noble Baroness, Lady Bennett, expressed. Again, I thank opposition Peers, particularly the noble Baroness, Lady Scott, for supporting that amendment, which your Lordships agreed on 13 April. This demonstrates that the Government remain focused on ensuring that reorganisation is delivered in a way that is orderly, provides clarity and certainty over electoral arrangements and is capable of supporting strong local services from day one.

To support that transition, the Government are providing targeted capacity support to councils undergoing reorganisation, including up to £63 million in funding to help manage the process while continuing to deliver for residents. I hope that picks up the points about funding raised by the noble Lord, Lord Porter. I wish I could find that magic sofa in Marsham Street. If he has any advice from previous Ministers who worked there, I ask him please to tell me where it is because I would like to find it. The noble Lord, Lord Lansley, also raised points about financing.

Taken together, these steps reflect a balanced approach, safeguarding local democracy, providing certainty on election timing and giving councils the tools they need to move through reorganisation successfully. For these reasons, the Government consider that the approach now in place provides clarity, accountability and a sound basis for effective transition. I am grateful to your Lordships for the care with which these issues have been considered, and I will respond to some of the points made during this short debate.