English Devolution and Community Empowerment Bill

Lord Pack Excerpts

Committee stage
Thursday 5th March 2026 Grand Committee

Moved by

[Lord Pack]

241A: After Clause 73, insert the following new Clause—
“Local Authority Social Media Strategies(1) A local authority must prepare and publish a social media strategy.(2) The strategy must set out—(a) how the local authority intends to use individual social media platforms,(b) governance and oversight arrangements for social media use, and(c) arrangements for review of the strategy.(3) The strategy must include a risk assessment addressing—(a) risks relating to misinformation and disinformation,(b) risks to public trust and confidence, and(c) risks relating to data protection, information security, and the use of automated or algorithmic tools.”Member’s explanatory statement
This amendment would require local authorities to publish a social media strategy, including a risk assessment, setting out how the authority and its elected officials intend to use individual social media platforms.

[Lord Pack (LD)]

My Lords, I have one amendment on its own in splendid isolation in this group. It is, as I hope noble Lords will agree, on an important topic: the use of social media in local government. This is an important topic for several reasons. One is that social media is so central to how local government and mayors may or may not choose to communicate with residents. It is also a crucial part of how elected public officials, whether they are councillors or mayors or, indeed, at the national level, experience politics. Often, that is an unhappy experience in terms of harassment and threats, but it can also be a very positive experience in terms of being able to engage more effectively with members of the public.

Of course, social media is important in many respects for its wider impact on society. That is why it comes up so often in debates and Questions on other topics in our House. In that respect, local authorities and local government in general have an important leadership role in setting some of the practical realities of how the social media landscape plays out. Sometimes, we are all collectively a bit too passive in assuming that the social media landscape is set by a combination of tech bros in California and Ofcom getting to grips with the Online Safety Act, but there is a practical degree of leadership at all levels of government that can encourage and help bring out the best of social media while downplaying the worst of social media.

There is an important role at local government level, in particular, because local government is the original source of information on so many topics that people love discussing, debating and sharing information about, whether it is which days you should put your bins out or which days schools are being closed due to snow in the winter or often controversial issues regarding, say, planning applications. Local government can make decisions on how and where to share information on all those things. Even if, in a sense, people think that they are not making those decisions but are simply following by default the social media channels that they have always used or that other parts of government use, that in itself is a decision.

The intention behind my amendment is absolutely to respect the discretion and flexibility that there should be—different places will wish to make different decisions, as appropriate—but also to show that there are two benefits to giving an explicit strategy a bit of a nudge. One is making sure that people are thinking through these issues sensibly and appropriately, and the other is enabling democratic accountability for the decisions that are being taken. Many of us probably have a wide range of views on how appropriate or not it is for people at any level of government to use Elon Musk’s social media channels, but, crucially, for the democratic accountability element to play out effectively, it is important to know what decisions are being made, how they are being made and what the rationale for them is. Different voters in different places may come to different decisions about which approach they prefer, but having a social media strategy that is explicitly published will make that democratic process much more effective.

Of course, I appreciate that if the Minister were to kindly accept my amendment, all the issues that it mentions, such as disinformation and public trust, would not suddenly be solved by it. On the other hand, they are difficult issues that we need to try to tackle, using all the different levers available to us. In that sense, I hope that the amendment would be a small contribution to that overall challenge, and therefore I beg to move.

[Baroness Scott of Bybrook (Con)]

My Lords, we absolutely understand the intention behind this amendment. Social media clearly brings its challenges, particularly around misinformation, public confidence and data security—all serious matters. However, we do not agree that this is an appropriate statutory duty to place on local authorities.

Councils are already under immense operational and financial pressure. Their focus must be on delivering front-line services: social care, housing, waste collection, planning and public health. Requiring every authority to draft, publish and continually review a bespoke social media strategy, complete with formal risk assessments, would impose additional administrative burdens at a time when capacity is already stretched.

Local authorities should of course act responsibly and lawfully online, as they already must, but mandating a specific statutory strategy in primary legislation is neither necessary nor proportionate. For those reasons, we cannot support the amendment.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank the noble Lord, Lord Pack, for Amendment 241A, which would require local authorities to prepare and publish a social media strategy. When he talked about the values of social media, it reminded me that my local authority has recently introduced food waste recycling. The bin arrived on my doorstep, and I did not know what the system was—I am not the leader of the council any more, strangely, so I did not know it was going to do it. I did not think to open the bin. Inside was a lovely set of bags that you put your food waste in and a little bag you put on your worktop. I managed to get all that from the website before I actually opened the bin and found all the relevant information. As we know, not all social media is as helpful as that.

Although I have no doubt that the noble Lord’s amendment is well intentioned, we believe it is unnecessary, given the existing legislative requirements that all local authorities must have regard to when using social media. All local authorities are already required by legislation to consider the Code of Recommended Practice on Local Authority Publicity in coming to any decision on publicity, which is defined as

“any communication, in whatever form, addressed to the public at large or to a section of the public”.

That definition clearly includes any communications posted on social media. Given that the proposed amendment would, in effect, replicate aspects of the publicity code, to which every local authority must already have regard, I urge the noble Lord to withdraw his amendment.

[Lord Pack (LD)]

I thank both noble Baronesses for their comments on my amendment. Although I do not agree fully with them all, I welcome the recognition of the importance of social media for local government and the importance of getting it right. Reflecting the views that I have heard in this debate, I beg leave to withdraw my amendment.

Amendment 241A withdrawn.

--- Later in debate ---

The Government have accepted one amendment for post-legislative this week. I trust that they will now make it two. I beg to move.

[Lord Pack (LD)]

My Lords, I will speak to two amendments in this group: Amendments 256 and 264. The noble Lord, Lord Norton, has added his name to them, for which I thank him.

Both of these amendments attempt to tackle, though in slightly different ways, the problem of law/not law to which the noble Lord just referred. It is about that accumulation of sludge on the statute book of legislation that has been passed by Parliament but never commenced. That is a problem for two reasons. One is that, in a way, it undermines Parliament’s role because, when legislation is passed by Parliament, it is meant to become law. It is not meant to be simply a menu for future Ministers to pick and mix from as they wish, with commencement orders whenever they fancy. If Parliament has made the decision that something should be law, we should be able to have confidence that it will become law.

There is also a more practical problem: the huge complexity of the statute book, which flows from having this mix of legislation that has been passed and commenced, passed but only partially commenced and passed but not commenced. This is a problem because it builds up incrementally. Indeed, that is partly why the problem exists. At every individual level and every individual stage where we add a little more sludge to the system, it is easy to say, “Oh, it doesn’t really matter this time. It’s not really that important”—but it accumulates.

I will give a little example of the scale. The House of Lords Library very kindly pulled together a list for me of all of the Acts relevant to local government in England that have been passed since 1960 but have not yet been fully commenced. Bear in mind that some of these Acts were passed by Parliament before several Members of the House of Lords had even been born, yet 44 such Acts have never yet been fully commenced.

In these two amendments, I try to take two different angles on the problem. Amendment 256 is a probing amendment picking out four examples of legislation that passed a significant time ago but has not yet been commenced. If parts of that legislation have been hanging around for so long and never been commenced, perhaps we should do a little tidying-up and take the opportunity of this Bill to clear out some of those leftovers from the statute book.

The other amendment, Amendment 264, seeks to tackle this problem from a slightly different angle. It is in the nature of closing the stable door after the horses have bolted, because the statute book already has that complexity, but, as we keep on—to extend the analogy, perhaps to breaking point—adding new horses to the stable with a continuous flow of legislation, would it not be better to at least stop making things worse by ensuring that we have confidence that a piece of legislation will be fully implemented, at some point? Five years in the future, it provides a generous backstop to say that, whatever Parliament decides to pass overall, we will be sure that it comes into force at a particular date in the future.

I very much hope that the Minister will reflect on the fact that there are some areas of law where the Government absolutely understand and value having a neat and clear statute book. We have a regular rolling programme for consolidation of the rules of procedure for various parts of the legal system, which is hugely beneficial, but we should be a little more ambitious and not simply restrict the benefits of neat and tidy parts of the statute book to those where it has always been done; we should perhaps be a little imaginative in starting to extend some of those benefits to a greater part of the statute book. I very much hope that the Minister will, in due course, show some desire to expand the level of neatness and clarity in the statute book.

[Lord Wallace of Saltaire (LD)]

My Lords, this is not the first time I have found myself getting in the way of the last part of a Bill, usually in talking about territorial extent. The last train that would get me to Saltaire tonight leaves King’s Cross just after 7 pm, so I will try my best to be brief.

This is about terminology but also about honesty. My amendments would provide some tighter definitions of “local”, “community” and “neighbourhood”. Having seen the amendment that the noble Lord, Lord Jamieson, tabled on “parish”, perhaps I should have also included one on that. I note that his definition of a parish council includes anything that may have the same population as Greenland. The intended ideal size for a “local authority”, which this takes us to, is about the same as the population of Luxembourg. That is not really local government and it certainly is not local democracy.

I grew up believing that all politics is local, and that citizen engagement is a fundamental part of what politics should be about. This would take politics away from the local community and neighbourhood representative model, with references to community groups that are not representative but are entirely self-formed from civil society. I would not only regret that but think it a deep step back away from the principle of democratic self-government.

I know from my early experience with the Labour Party in Manchester that there are many within Labour who regard the relationship between the party and local people as one in which Labour delivers services and the local people are supposed to be grateful for them. The Liberal approach to democracy is one in which we work with people, and we expect and encourage citizens to be engaged in local and community politics.

This is a Bill that abuses the terms “community”, “neighbourhood”, “parish” and “local”. It sets up sub-regional strategic authorities and reduces the number of local elections and councillors. If I understood the answers to the Question yesterday, it is intended that, following this legislation, the next thing will be to reduce the number of local councils and borough councils in the Greater London Authority so that we have local authorities in London that are roughly the size of Luxembourg.

I regret this; as I have sat through Committee on this Bill I have found the whole Bill deeply distasteful and weakening of our democracy—but there we are. However, I wish that the Government would at least be a little tighter in their use of these important terms than they have been, and those are the intentions of my amendments.