Cities and Local Government Devolution Bill [HL]

Lord Tyler Excerpts

Monday 13th July 2015 Lords Chamber

Amendment 67 would place a duty on a combined authority which uses powers under the Bill to publish a plan relating to the provision of social welfare. This approach is also inconsistent with the Government’s approach, which is to invite local areas to make proposals about the powers and functions they wish to be devolved and transferred. This would, in essence, require all combined authorities to publish such a plan, whether or not it would be effective and efficient for the combined authority to exercise this function. With these lengthy explanations, I hope noble Lords will agree not to press these amendments.

[Lord Tyler (LD)]

My Lords, before I speak to government Amendments 71 and 72, I just want to congratulate the Minister on managing to get Cornwall into so many of her speeches. I have campaigned for some devolution for Cornwall since 1968, and it lifts my heart, even at this time of night, to hear the Government recognising that we have a special case with the integrity of Cornwall. Indeed, it is fair to comment that the boundary between England and Cornwall is a great deal more resilient than the one between England and Scotland or the one between England and Wales. Our identity is therefore that much clearer.

I think the Minister will be aware that the comments I made earlier about the Delegated Powers and Regulatory Reform Committee apply particularly to Amendments 71 and 72 too. These amendments are important. Although I understand her anxiety to short-cut and streamline matters, it should be put on record that their effect on the Bill would be to deal with very similar concerns to those we had in the committee about Clause 6. Members of your Lordships’ House may recall that the committee expressed the view that delegation was “inappropriate” in the light of an absence of any requirement on the Secretary of State to consult affected persons. That was in the committee’s first report to the House, but here we are again: in a similar way, it is being argued that the transfer of public authority functions to a local authority could be so urgent that the Secretary of State could permit a complete absence of any effective consultation of those most affected.

The two new clauses proposed in these amendments are very important. I recognise that the Minister and the Government have tried to move as fast as they can to meet some of the concerns of the committee and of your Lordships’ House, but I hope that she will be prepared to accept that once the committee’s report is published tomorrow—I think it will refer to the proposed new clauses—the House should have an opportunity on Wednesday to look again at the Minister’s proposals in the light of that report.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I refer to my Amendments 31 and 32, and thank the Minister very much for her response. Amendment 31 relates to the exclusion of the transfer of regulatory functions. I was very grateful for what the noble Baroness had to say, particularly that we will return to the issue at Third Reading. She referred to our debates about the NHS and naturally referred to NHS bodies, but the general principle arises with other functions as well. For example, I have been pondering Cumbria and the potential under this Bill for the regulators of civil nuclear plants and the Nuclear Decommissioning Authority to be transferred, under an order through Clause 6, to Cumbria County Council, which clearly would not be possible. Again, that would apply to the Environment Agency. I think the discussions the Minister is having with her officials between now and Third Reading need to go wider than just the National Health Service.

My Amendment 32 suggests that, because of the Henry VIII nature of Clause 6 orders, the super-affirmative procedure ought to be adopted. I know that in some circumstances, that procedure would not always be appropriate because of the length of time it takes. I am therefore very grateful for the noble Baroness’s Amendment 33, which was originally grouped with these amendments, because it meets the substance of my concerns without making use of the super-affirmative procedure. I am very content with her amendment and look forward to further debate on my Amendment 31, on the exclusion of regulatory and supervisory functions from Clause 6 orders.