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

Lord Scriven Excerpts

Tuesday 21st April 2026 Lords Chamber

[Lord Hayward (Con)]

My Lords, may I pick up on the point that the noble Lord, Lord Davies, made just now on precedent? I do not think I have heard reference to precedent elsewhere, but there is no question but that there have been occasions when elections have been delayed. However, what the noble Baroness, Lady Scott, was referring to here was the most amazing set of circumstances, whereby one week we were asked to consider an order for delays in elections on 30 local authorities, and those delays were at a point only weeks before one was heading towards notices for the election, nomination day and the like. Then, as the noble Baroness, Lady Scott, indicated, two weeks later, because of an apparent legal reconsideration of circumstances, the policy was completely reversed. As far as I am aware, there is no such precedent and, tragically, we have yet to receive an apology from the Government for the confusion—and that is all it is. It is total confusion, within a period of a few weeks going from one unclear policy to another, with the net result of substantial cost.

As the noble Baroness, Lady Bennett, identified, democracy is a frail flower, and playing around with it in the way that the Government have in the last few weeks is unacceptable. It is unacceptable not just to the public at large; we have to bear in mind the burden faced by the returning officers and their staff in the local authorities. They do a truly fantastic job in difficult circumstances. It is regularly the case that, where there are not elections in one local authority, it loans its staff to a neighbouring authority which has elections. It is not easy to find polling clerks, and what is happening is that one local authority provides the facilities for another. Here we have a position whereby people who might have been loaned to another authority are suddenly called back. There are all the other associated difficulties with calling an election, cancelling an election and then restarting an election. I will not go into them in detail, but I think most of the people in this House are only too well aware of the problems that are thrown up in the face of the EROs throughout the country by the policies that have been followed over the last few weeks.

I would have hoped that, at some stage, the Government could have apologised to the local councils, and particularly to the EROs and their staff, for the problems that they have caused, but, unfortunately, they have failed to do so. However, it is appropriate that one should identify that democracy and the way it operates need to operate on a degree of certainty, which in the last few weeks or months we have not had from this Government.

[Lord Scriven (LD)]

My Lords, I declare my interest as a vice-president of the Local Government Association, and I thank the noble Baroness, Lady Scott of Bybrook, for laying the regret Motion. It is a privilege to stand in for my noble friend Lord Pack, who I know is deeply disappointed that he is not able to be in his seat today. I will approach this with the same conviction my noble friend has voiced throughout this saga: that local democracy is not a plaything for departmental convenience. Although we welcome the Government’s U-turn, the how and why of this retreat remains shrouded in a fog of administrative incompetence.

--- Later in debate ---

[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.

[Lord Scriven (LD)]

The logic of the Government’s original position clearly was not logic at all, because if the elections can now take place, as well as the reorganisation, this postponement was not required at all, was it?

[Baroness Taylor of Stevenage (Lab)]

The postponement was done at the request of the councils concerned, which had concerns about capacity. I think some of them may still have those concerns, but we are supporting them through that process. As my noble friend Lord Davies has said, decisions have been taken in the past to postpone elections, and there is still the power to do so when necessary, but we wanted to avoid the double postponement that some of these would have caused.

On capacity, I first pay tribute to all our local elections officers and returning officers and the staff who work in their teams. They do an amazing job and, as we all know, they have a proven ability to deliver elections—sometimes a snap general election, or by-elections when they occur—and mayoral polls at very short notice. Returning officers and suppliers have been fully supported to bring plans up to date at pace, and the decision provides the certainty that councils now need to manage logistics effectively. Spending on local elections themselves is of course a matter for local councils.