Levelling-up and Regeneration Bill (Twenty Seventh sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Alex Norris]

I beg to move, That the clause be read a Second time.

Ministers have talked about the importance of building houses, but as a country we are still not building enough affordable homes. Crucially, we are not building them in the places that need them the most to support growth. We could talk about that all day. My hon. Friend the Member for Greenwich and Woolwich has made many good points about why that has happened.

To bring this back to levelling up, we need to ensure that all organisations that touch communities have a strategic drive to level up. At the moment, levelling up is not a strategic priority for Homes England. Its focus is on supply and quality, rather than reducing regional inequalities, so we think we should add that. For example, through the so-called 80:20 rule, housing infrastructure cash has tended to be targeted at London and the south of England.

New clause 75 seeks to address that disconnect. I hope I am on relatively good ground with the Minister. In a previous discussion, the hon. Member for Harborough (Neil O’Brien) said in response to one of my interventions that he expected Homes England to adopt levelling up as a statutory objective, but I want to be clear on that.

The new clause would add three statutory objectives. First, it would require Homes England to consider levelling up as part of its spending decisions. Secondly, it would require Homes England to reduce regional inequality by delivering homes and stimulating related economic activity. Thirdly, to ensure transparency and accountability, it would require Homes England to report back once a year on the progress that has been made towards reducing regional inequalities.

[Rachael Maskell (York Central) (Lab/Co-op)]

I want to support this new clause, with reference to proposed new subsection (2)(e). There is a real disconnect in Homes England: it does not understand the way communities work, including transport systems, the economy and housing. In addition, the fact that it is so distant—it is London-centric—means that it does not focus on communities. That is a real faultline in Homes England that must be addressed.

[Alex Norris]

That is precisely why I tabled the new clause. Writing that into the fibre of the being of Homes England would make a real difference in those areas, as my hon. Friend says. The Minister may be able to give us some clarity, but I understand that a revised strategic plan for the Department has been drafted. I will be keen to know from the Minister, if he is unable to tell us quite what is in that, when we might get to see it, and whether it is his view, as it was that of the then Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Harborough that levelling up will be reflected as a priority for the agency in the coming years.

--- Later in debate ---

[Rachael Maskell]

I listened with interest to the Minister’s response. The challenge that I would put back to her, and ask her to reflect on further, is that it is because we have a very fragmented framework across many different Government Departments that we are not making progress. While the levelling-up agenda was very much a central agenda, with some clear missions to try to measure it and move it forward, excluding this form of monitoring and advancing public health information by leaving out the new clause will not help the Government.

While I appreciate what the Minister says about the spatial data unit, this is really about the analysis and bringing the whole agenda together on the levelling-up missions, to be able to start driving down the inequality that exists across our society, which is so damaging to our nation and to people across the country. I will not push the new clause to a vote—I am sure that it will return at later stages of the Bill—but I ask her to reflect on how we bring these agendas together. On Second Reading—if we can remember that far back—we were very much talking about trying to bring an agenda together in order to take our country forward. Leaving out really important elements such as this could take us back, not forward. However, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Alex Norris]

I want to put on record for myself and on behalf of my colleagues our thanks to you, Mrs Murray, and your colleagues in the Chair; to the world-class Clerks for all their assistance; to the Doorkeepers and the Hansard Reporters for all their work; and to Government colleagues, both Front Benchers and Back Benchers, for the discussions and debates. I know that they have been lengthy, but that is because the Bill is important, and we appreciate the spirit in which that has been done. I extend that to the Government’s officials, as well as our own staff. I am very grateful. Thank you.

Levelling-up and Regeneration Bill (Twenty Sixth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Alex Norris]

Across England there has been a steady decline in the availability of public toilets—something that does not get a lot of airtime in this place, so this is a good opportunity to rectify that. I do not intend to press new clause 59 to a Division. I wrote the new clauses a long time ago—we have been doing this for a long time—and I did not anticipate that it would be quite so close to a Budget or whatever we call the 31 October event. I do not think the Minister will be keen to make spending commitments prior to that, and I also know that our shadow Treasury team would not be keen for me to make a commitment on its behalf. However, it is an interesting idea and one worthy of discussion.

In 2016 a BBC report highlighted that local authorities had closed one in seven public toilets between 2010 and 2013. The report identified 10 areas in England and Wales with no council-run toilets at all. By 2018, the follow-up report found that the number of areas without any public conveniences had increased to 37. That is a trend likely to accelerate with the pressures on local authorities. It has led to closures or transfers to perhaps voluntary groups or charities. The good will engendered in that is a welcome thing, but it means that accountability for that essential social infrastructure has been lost. We have to be clear about this. I do not think public toilets are a “nice to have”. Lack of adequate facilities disproportionately affects all sorts of groups, including people who work outdoors, people with ill health or disability, the elderly and the homeless. Such essential facilities can make the difference between being able to confidently leave the house or not.

In June this year, the Bathroom Manufacturers Association published results of a survey of 2,000 members of the public. They had been asked about toilet provision in their area. The results were significant: 58% of those surveyed said that there were not enough toilet facilities in their community, and 43% did not believe that there were enough for disabled people, for example. If we are to reimagine our high streets—a theme of some of our debates—encourage mobility, meet equality ambitions and level up communities, improving public toilets will be part of that.

[Rachael Maskell]

My hon. Friend is making a powerful speech. Public toilets are also a public health measure. We have to look at them within that agenda. Changing places are also important, so that disabled people can access public toilets too.

[Alex Norris]

Yes, changing place toilets are hugely important. I pay tribute to Martin Jackaman, the pioneer of those places and a Nottinghamian. Where available, changing places have been life-transforming for some of the most profoundly challenged families in the country. We want more such places, and to be clear that everyone going out in their city or town centre should have access to such provision—with a hoist and all those things that make the difference. That is why the issue is important.

On my new clauses, first, new clause 57 proposes a review of public conveniences. The Government would be asked to form an independent panel to assess the level of need for public conveniences within various communities and, having determined that need, to assess the level of provision. If there is a gap—I suspect there might well be—the panel should ascertain its root causes and make recommendations about what might be done to rectify the situation. I hope that the Government will encourage the devolved Administrations to undertake similar exercises.

Secondly, as addressed in new clause 58, one of the barriers to improving provision is a bit of a gap in ownership of the problem. Therefore, my new clause suggests that there should be a new duty on tier 2 councils to produce a local public convenience plan. That is not to dictate how councils use their resources, but it seems reasonable to have a plan for provision in the area. One would hope to work with partners for public convenience provisions and accountability.

Thirdly, new clause 59 is one proposal that could close the gap more quickly. Where businesses—we should recognise that many businesses up and down the country already do this—allow their toilet facilities to be used by non-patrons, that is a wonderful thing. If they do so, that could be reflected in the business rate. I am interested in the Minister’s views. My new clause might not be ready for the legislation today. That range of things would help close the gap in provision. We cannot afford to do nothing in this area. The gaps should close, but they continue to be a limiting factor on our high streets and in our town centres. I am interested to hear the Minister’s views.

Levelling-up and Regeneration Bill (Twenty Fourth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Alex Norris]

I am grateful for that. It is of note that those who know of what they speak in this area, particularly on a day-to-day basis, feel the way they do. However, the Minister’s offer is a good one and I will take her up on it. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 17 agreed to.

Clause 185

Historic environment records

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 130, in clause 185, page 190, line 2, leave out “an historic environment record” and insert

“or have access to an historic environment record and adequate specialist advisory capacity”

This amendment is intended to ensure that all current models for service provision of HERs are covered by the provisions of Clause 185 and that HERs have access to specialist archaeologists and conservation officers.

It is a pleasure to serve with you in the Chair, Mr Hollobone. We are making good progress. Although the provision in the legislation on historic environment records is good in itself, it simply does not go far enough. My amendment calls for specialist archaeologists and conservation officers to be engaged in the planning process to a greater degree.

Historic environment records extensively map the physically accessible historic environment and archaeological areas. However, they do not come with a voice, a brain or context. The amendment, which is supported by those who work in the field, recognises the unique importance of specialist archaeologists and conservation officers in the process and the need to draw on their skills and expertise to advance the understanding of a site, which often is missed when just looking at historic records.

Although HERs are an important starting point, it is about the interpretation of the relevance of a site and using that specialist knowledge combined with the records that makes a significant impact on the site and makes it significant. Eighty areas in England are covered by HERs; two thirds of records are held online and are accessible via local authorities. An archaeologist can interpret the HER data, bringing it to life, placing it into context and giving the site relevance, weighing the possibilities and asking the challenging questions about that site: why is it there? What is it about? How does it impact on us, past and present?

I use York as an example of the discoveries made, because there have been so many incredibly significant finds in the city that have led to further exploration and understanding of the context of our history. Ensuring that we engage specialist archaeologists and conservation officers extends the understanding of our past and the influences on us. In York there have been so many finds on the Coppergate site. People think about the Jorvik centre, but behind that is the understanding of our city as an international place of trade, and what that meant then and today for diversity in our country and where we all come from. Those issues are so important in the archaeological context, but we would not get that from an HER. That is why it is so important to extend the legislation to ensure that we have those minds and that knowledge applied to the records, to ensure that there is significance.

I think about the Richard III finding in Leicester. Had the minds not been there, that site could have so quickly been missed. Yet the discovery of Richard III has given a huge economic opportunity for that city, not least from tourism. It is important that the skills that we have educated people in, which they have applied in their science and their art, can be brought into the process. That will ensure that we have the specialist archaeological and conservation officers’ engagement with the historic environment records, which will give real value to this process and ensure that we are not just looking at a paper exercise, but using the science and arts of archaeology and conservation to ensure the value of that site and build it into the identity of the community.

Levelling-up and Regeneration Bill (Twenty Third sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 13th October 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair this afternoon, Mr Hollobone. I have a few points to make about clauses 164 and 165. The first is a drafting issue with schedule 16, which is not mentioned at all in the substantive text of the clauses now under consideration, and which is the only schedule not to be referenced. I do not know what bearing that has on the schedule, because it refers to clause 164. The lack of reference to the schedule in the clauses does not follow the usual processes, so I draw that to the Minister’s attention.

I want to pick up on two issues relating to the content of the terms of the contract for the tenancy. This is about practicalities. Many of our vacant high street premises were department stores. That is the nature of the businesses that have vacated the market over the last few years in particular, leaving large premises vacant on the high street. Few businesses will be able to replace that footprint.

In places such as York, where there is 65% penetration of independents, there is real opportunity for small and new businesses to get a foothold by occupying those premises, but the legislation is not clear on how such contracts would be handled. Would there be subcontracting opportunities whereby a body could take a major contract and then subcontract to a smaller business? Or could a multi-purpose auction allow a consortium bid from a number of businesses? We want those premises to be occupied in future, so can the Minister clarify how the legislation would deal with such a proposal, because I cannot see it written into the Bill?

Another issue in my constituency, which may happen elsewhere, is that of premises being opened to licensing. In York, a takeover by licensed premises is having seriously ugly consequences. One thing we do not want is those big department stores becoming super-nightclubs right in the middle of a designated shopping area. My concern is that some people might try to take advantage of the legislation to advance such businesses. What controls can be put in place so that local authorities have oversight of tenancies and can ensure that the use of premises is in keeping with the direction of travel they want for their local communities? I cannot see any clarity in the Bill about how such matters would be handled or about controls to ensure that the use of those premises is in keeping with the local community’s aspirations.

[Alex Norris]

I have three questions. Clause 163(1)(b) provides the power to contract for a tenancy if

“the period of 42 days beginning with the day on which that notice took effect has elapsed”.

I understand why there needs to be time, but I am not sure why a minimum time has been set quite so quickly. It might take a number of weeks to get a tenancy together, but why include a hard six-week period that will add to and elongate the process?

Clauses 164(5) and 166(3) address, respectively, pre-tenancy works and work that the local authority might have to do

“in order to make an effective grant.”

Are the costs incurred by a local authority in making a premises ready rechargeable?

Clause 165(7) provides for a reserve power to make regulation. I will not rehash that argument, but for clarity, do the Government expect a relatively simple tenancy equivalent to a general market or high street tenancy?

[Dehenna Davison]

I am grateful to the hon. Members for York Central and for Nottingham North for their remarks.

The hon. Lady raised a good point. On her drafting concern, clause 165(6) refers to schedule 16. Will she please let me know if that is not clear, and I will ensure that it is rectified? But my expert team have told me that that is the case. We can pick this up afterwards if need be.

Levelling-up and Regeneration Bill (Twenty Second sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 13th October 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

I want to make a brief point on clause 151, which is being taken together with clause 150. It relates to subsection (3), which mentions the exclusion of warehouses.

Of course, every community is different. In the centre of York there have been a number of warehouses along a street called Piccadilly, and we have seen those warehouses brought back into use through some really innovative work in our community. I think about the site now known as Spark, where containers were brought in for a limited period, but that has now been extended due to the success of that site in what was a warehouse. Those containers contain community interest companies—new, little businesses that are feeling their way right at the heart of our city and learning their trade. They are also building new standards around the environment and really adding to the community. Spark is bringing that whole part of York to life, particularly with the younger community, and it has really good values. We see little shops, a little community being built and a social space where the community can sit. There is also space where classes take place and the community is really involved.

Excluding warehouses and sites of warehouses would seem to be an omission from the legislation, because it is not using those opportunities. Piccadilly leads on to our main high street, so this would be a really important inclusion. Surely, it should be for local determination to say whether such a site would be suitable for a high street auction, rather than discounting that within the Bill.

[Alex Norris]

I have two quick points. First, to reiterate— I feel like I should do that thing on “Countdown” where I show my working—I share that view on clause 151(3), and I hope the Minister can address that. I also wanted to talk about subsection (2)(b), which reads:

“the local authority considers them to be suitable for a high-street use.”

In this case, “them” refers to qualifying high street premises. That gets to our concerns that it might be in the eye of the beholder. I wonder whether the Minister might talk about what safeguards there are in this case.

Levelling-up and Regeneration Bill (Seventeenth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 19th July 2022 Public Bill Committees

[Alex Norris]

I am grateful to the Minister for his response. I am slightly uncomfortable that he relies on the 1990 Act, because that clearly was not sufficient in Liverpool, and there is a real and current risk around Stonehenge. On his point about case law and strong consideration, again that has not always been effective in cases where we might have wanted it to be. We then rely on the courts to test the edge cases; maybe that is inevitable, but we could eradicate some of that with slightly stronger language. At this point, I do not think it is beneficial to labour this any further, because the Minister made a clear statement about his intent, which was welcome. We may wish to return to this at a later stage, but if colleagues are content then I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 128, in clause 92, page 97, line 31, after “enhancing” insert “the significance of”.

This amendment adds to the description of the purpose of sensitive management of heritage assets.

It is a pleasure to serve with you in the Chair, Sir Mark. This amendment looks at not just an asset, but the significance of an asset. Preserving or enhancing an asset may not be possible, but preserving its importance and significance could be.

In York, there is much to determine the social history of our city. Of course, assets are often thought about in terms of bricks and architecture, rather than their social significance and the way that has fed into the wider architecture of a place. In York, there is a process that prevents anything from obliterating the view of the Minster, for instance, and thus its significance as a centre and a beacon across not only York, but North Yorkshire. It can be seen from miles away, so the building of flats as is happening currently, or the plans proposed on the site of the gasworks, would remove the significance of that asset. Preserving it is really important. Likewise, the centre for heritage arts that is currently being developed to go to planning is causing concern about the way it could detract from the view of the Minster. Although it is not directly impeding on the material asset, its development could have significance.

Another example many will know of is Bootham Crescent, the former home of York City Football Club. It was built in 1932 and has only just closed. The stands were something to behold. Maintaining the spirit of Bootham is important. It is where many people have laid ashes to rest. There are significant tunnels under the ground, which have important graffiti on them—fans would cross the stadium through them mid-match and fights would break out. Maintaining these assets is about the working-class population of York and the significance of football to them.

York Central—here we go again—was the home of the British Rail carriage works, and has real significance for the blue-collar workers of our city, who made a tremendous contribution to the railways. Yet this could well be wiped out by the York Central development, so none of its significance to the building of the railways over 100 years would remain. Therefore, it is not just about the asset itself and how important it is, but is about the social story that can be told by it. That is why I believe that my amendment is important for looking at how heritage assets are preserved.

Levelling-up and Regeneration Bill (Seventeenth sitting)

Debate between Rachael Maskell and Alex Norris

Committee Debate: 17th sitting
Tuesday 19th July 2022 Public Bill Committees

[Alex Norris]

I am grateful to the Minister for his response. I am slightly uncomfortable that he relies on the 1990 Act, because that clearly was not sufficient in Liverpool, and there is a real and current risk around Stonehenge. On his point about case law and strong consideration, again that has not always been effective in cases where we might have wanted it to be. We then rely on the courts to test the edge cases; maybe that is inevitable, but we could eradicate some of that with slightly stronger language. At this point, I do not think it is beneficial to labour this any further, because the Minister made a clear statement about his intent, which was welcome. We may wish to return to this at a later stage, but if colleagues are content then I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 128, in clause 92, page 97, line 31, after “enhancing” insert “the significance of”.

This amendment adds to the description of the purpose of sensitive management of heritage assets.

It is a pleasure to serve with you in the Chair, Sir Mark. This amendment looks at not just an asset, but the significance of an asset. Preserving or enhancing an asset may not be possible, but preserving its importance and significance could be.

In York, there is much to determine the social history of our city. Of course, assets are often thought about in terms of bricks and architecture, rather than their social significance and the way that has fed into the wider architecture of a place. In York, there is a process that prevents anything from obliterating the view of the Minster, for instance, and thus its significance as a centre and a beacon across not only York, but North Yorkshire. It can be seen from miles away, so the building of flats as is happening currently, or the plans proposed on the site of the gasworks, would remove the significance of that asset. Preserving it is really important. Likewise, the centre for heritage arts that is currently being developed to go to planning is causing concern about the way it could detract from the view of the Minster. Although it is not directly impeding on the material asset, its development could have significance.

Another example many will know of is Bootham Crescent, the former home of York City Football Club. It was built in 1932 and has only just closed. The stands were something to behold. Maintaining the spirit of Bootham is important. It is where many people have laid ashes to rest. There are significant tunnels under the ground, which have important graffiti on them—fans would cross the stadium through them mid-match and fights would break out. Maintaining these assets is about the working-class population of York and the significance of football to them.

York Central—here we go again—was the home of the British Rail carriage works, and has real significance for the blue-collar workers of our city, who made a tremendous contribution to the railways. Yet this could well be wiped out by the York Central development, so none of its significance to the building of the railways over 100 years would remain. Therefore, it is not just about the asset itself and how important it is, but is about the social story that can be told by it. That is why I believe that my amendment is important for looking at how heritage assets are preserved.

Levelling-up and Regeneration Bill (Twelfth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 12th July 2022 Public Bill Committees

[Rachael Maskell]

It is a pleasure to see you in the Chair this morning, Mr Hollobone. I welcome the Ministers to their places and wish them well during the consideration of the Bill. We have had a cordial debate so far, but they will hear much about York’s housing crisis, which is a prism through which to look at the Bill as well as an important case study to help the Government understand the real challenges we face.

The amendments highlight that some properties are occupied on a part-time basis only. They are let as short-term holiday lets from time to time, perhaps not consistently, or may be empty for periods and utilised some of the time. We all recognise from our constituencies that some properties have different patterns of occupation, so that they are not always empty, but are not fully occupied either. The challenge is that that can remove opportunities for people who desperately need a home.

The amendments seek to define a period of vacancy and reduce it from a year to six months. It is reasonable to expect a property owner to visit the property every six months. A longer period would raise questions of whether they in fact reside there. I am aware of circumstances in which people have families overseas, for instance, and may make extended visits to see them. I would not want to penalise people because their life journey and responsibilities differ from mine, but if they do not visit a property for six months we can conclude, under the definitions in the clause, that it is an empty dwelling.

This is an important issue, because empty homes, especially during a period of inclement weather, can impact on neighbouring properties. Gardens can become unwieldy and overgrown in less than six months, which can impact on the morale of the neighbourhood and on house prices. I can point to many such examples in my constituency. In fact, a resident called me into her garden in Tang Hall on Sunday and showed me the consequences of a home being neglected for a period of around six months. The brambles were about 6 feet high and encroaching on her garden space. These things really matter to neighbourhoods. Neglected properties can also spread damp to each other, which is another concern for neighbours.

Neglected properties should attract an uplift in council tax. Having clearer and shorter parameters by which councils have permission to operate an increase in council tax enables councils to make better decisions, as well as generating revenue for the council. I would therefore like to focus on my amendments in order to achieve that. I have further amendments that I will dwell on shortly, but the reason that this amendment is so important for communities such as mine is that we are increasingly seeing properties being developed not for occupation, but for asset. We will return to that theme on numerous occasions throughout the debate.

We can see around us the new developments in London. We are also increasingly seeing that situation in York, where there may be one or two occupancies in luxury apartment buildings, but nobody has ever moved into many of the units. They are literally just investments for people in the UK or overseas. Residents in my city who are desperate to get on the property ladder and have a home know that there are dormant units within their community, and they are significantly concerned about the implications.

I will talk further about this issue, but I am putting the Minister on alert about the York Central site, which he will certainly get to know over the coming days. We have a 45-hectare brownfield site—the biggest brownfield site in Europe—yet our council sees the development of luxury apartments that no one will live in as its priority, as opposed to the site being used for homes for local people, and for economic space, which would be the best use for it. Indeed, Homes England has identified that the whole area could well turn into Airbnbs. We know that York already has around 2,000, so this is a serious encroachment on future housing use. Therefore, we do not want to see lip service paid to these measures; we want to ensure that we have the right measures in statute to protect our community and give them the opportunity to have a home.

[Alex Norris]

Clause 73 has much in common with clause 72 and, again, we are minded to support it when we get to the stand part debate. I congratulate my hon. Friend the Member for York Central on her efforts to improve the clause, which amendments 79 and 80 certainly would do.

Clause 73 deals with the second home premium. In the light of the housing crisis, as discussed in the previous stand part debate, it is right that we seek to deal with this issue. It is a serious gap in the legislation that billing authorities can currently levy the empty homes premium only on homes that are unoccupied and substantially unfurnished, which could leave out a significant number of dwellings as well as leaving the edge cases to be defined via case law, rather than in statute. It obviously leaves a big gap where there is no permanent occupant but the property is furnished and habitable, allowing the skirting of the empty homes premium in its entirety.

It is right that we seek a second homes premium—as I say, we will support the Government in that venture—but it is also right to try to tighten up the measure on the face of the Bill, as my hon. Friend has sought to do, by drawing a line in the sand at six months’ occupation of the property. This is about seeking a balance between the individual and the broader society, which is always—certainly at its edges—a hard thing to do and to define, because it is right that people are allowed the peaceful enjoyment of their property in the way they see fit. As my hon. Friend said, it is right that we understand that people have different lives, and we in this room know that as well as anybody else. We genuinely spend our week split between two different places, and a one-size-fits-all approach will not work.

As my hon. Friend said, we also have to understand the impact that properties that are long-term vacant and only notionally lived in can have on a community, including the detrimental effect of overgrown places on amenity, problems caused by burst pipes, and antisocial behaviour targeting empty houses. Those effects are frustrating for communities. When we set that problem against the fact that people are crying out for properties, it is clear that a balance must be struck. We are glad that the Government have started to address the problem, but my hon. Friend’s amendments would improve the Bill, and I hope that the Minister will accept them.

--- Later in debate ---

[Rachael Maskell]

I beg to move amendment 82, in clause 73, page 82, line 14, at end insert—

“(10) The Secretary of State must by regulations make provision for and about offences punishable by a fine for people who submit misleading, inaccurate or incomplete information to a billing authority in relation to the occupancy of their dwelling.”

This amendment would provide for fines to be issued to those who fail to provide correct and accurate information regarding the occupancy of their dwellings as an anti-fraud measure.

I will be brief in my comments about this amendment because I think it speaks for itself. My amendment is not particularly about local authorities being vexatious in proposing to use levers to ensure that properties are properly recorded—I am sure that many owners will find it hard to distinguish whether properties are second homes, an empty dwelling and so on. Clarity is needed, and registering properties for the purposes of paying the right level of council tax will benefit the whole community, because the more revenue councils have, the more they can do.

This simple amendment would provide local authorities with an additional lever to incentivise people to declare their property in the right category, to ensure that they are not misleading the authority, and that the information is accurate and complete. It would make the billing authority’s life easier and enable it to recover not only the expected costs, but the additional costs if the information had previously been wrong. The amendment is about local authorities recovering additional revenue, rather than making additional expenditure, as well as acting as a lever for people to correctly register their property.

[Alex Norris]

As we can tell from the discussions so far about clauses 72 and 73, legislating in this space gets fiddly. Previously, it has been easy to skirt the empty homes premium by having a “substantially furnished” residence, and what constituted “substantially” was left to the courts. It is good that we are seeking to tighten things in this space.

In making the case for proposed new section 11C(2)(b) of the Local Government Finance Act 1992, the Minister gave a helpful explanation of how it will address that challenge, which is a really good thing. I am more worried about proposed new subsection (2)(a) and the concept of “no resident”. Again, the Minister entered into this space with some of the tools that local authorities will be able to use. I am not sure about data registration; if people were minded to try to skirt these regulations, that test would likely be easy to pass without breaking any laws. He mentioned access to healthcare, which would be a better tool. Will he expand on some of the other ways in which local authorities would be expected to establish when a home is genuinely a second home? My fear is that by closing one loophole we may create another one, particularly one that is undefined in statute, as the Minister did not accept the opportunity provided by amendments 79 and 80 to give a clearer definition.

Legal action is unlikely to be a good risk-reward proposition for local authorities. In general, the clause as constituted offers them a chance to basically double council tax on those properties, which would be in the order of £1,000 to £2,000 a year on a normal property. That is not a great incentive for local authorities to chase.

As my hon. Friend the Member for York Central said, the amendment’s importance is not about vexatious regimes or councils being overbearing and entering this space too much. Similarly, the amendment would not require individuals or families to take expensive advice in order to comply with the regulations and know whether they ought to be paying a long-term or second home premium, or neither. The arrangements should be fair and candid, and should be sufficient to guide them to pay—or not pay—in the way that they ought to.

The amendment would provide a second disbenefit to those who might seek to work around the legislation. At the moment, if it is a risk-reward proposition for an individual, then perhaps that amount of money is worth a bit more to them, set against the fact that local authorities might not be minded to pursue them. There must be clarity on the face of the Bill, and in the follow-up regulations, that this is a serious matter, as the amendment specifies, and that the Government look dimly on those who seek to circumvent and evade the regulations by not making a fair and candid assessment. It must be made clear that that is a bad thing, that it is looked upon dimly, and that there is a proper punishment regime that lies alongside that, to provide an extra disincentive to those who seek to work around the rules.

--- Later in debate ---

[Rachael Maskell]

These would be important amendments to the legislation. We have talked about the categorisation of dwellings and whether they are occupied, but we are all aware of circumstances in our constituencies where people are not occupying a dwelling. Amendment 83 in particular is one of compassion, to recognise that if individuals have had a bereavement—typically, that would be of parents, but it might be a child or another relative—part of their grieving process is clearing the house and seeking how best to honour the deceased in the disposal of goods and in ensuring that the disposal of the property itself is in good order and respectful. It can take time for people to go through the memories and the grieving process, especially if they live some distance away or have a job. It can be challenging.

I am sure that we can relate to such circumstances. Therefore, allowing time for that to be gone through—I suggest a period of two years—enables the process to be done with dignity, as opposed to what we often see with people who have to clear out social housing. Literally, I have had cases of notices dropping through the door before the deceased has even been buried. I have had that fight locally about ensuring that we respect the dignity of the family and their needs.

The amendment would build compassion into the clause, being generous in the time that it gives people before recognising that a house is no longer occupied. In particular during covid, it has been challenging for people to empty properties so that they can put them on the market and sell them. There can be extenuating circumstances in which the measure may apply.

Moving on to amendment 84, I recognise that bringing old, dilapidated buildings back into use can benefit the whole community and individuals. Taking time to do that is important, to get it right. I grew up on a building site, with a DIY father. I think the whole of my upbringing was on a building site—it takes time to do up an old property or extend it. I lived on a building site, though many people move out. I am talking about people moving in order to focus on getting a roof on a house, putting in walls or doing essential renovation to bring the property into good use. Therefore, the amendment recognises that there are circumstances when dwellings will be unoccupied and unfurnished for work to be done. It encourages people to bring properties back into use, without having to pay higher rates of council tax.

I trust the Minister will understand the sentiment behind both amendments, and will recognise that they are sensible ways of dealing with some practical and sensitive issues that, if they are not dealt with in Committee or later in the passage of the Bill, will be raised by residents with their local authorities.

[Alex Norris]

I congratulate my hon. Friend on these amendments. There is a certain amount of prescience to them, given when they were tabled. When we debated clause 72, the previous Minister, the hon. Member for Harborough, raised a concern that some of my amendments would inadvertently sweep up families that were suffering bereavement, and these amendments are a prescient way of avoiding that.

For all the reasons my hon. Friend the Member for York Central set out, we recognise that sorting estates, untangling and consolidating finances, applying for probate, and even selling a property, can be a long and arduous process that is set against and alongside the grief that families feel when they lose someone. That makes it really hard, and then, as my hon. Friend said, we have to factor in distance and work responsibilities, and I would add caring responsibilities, so it is right that we build as much compassion and understanding into the system as possible. It feels like the two years is a good way of doing that. I note that it is an “at least” period, so there could be plenty of room for understanding from the local authority if, say, at the end of two years, the property had not been sold yet, or was sold subject to contract—certainly if there is a chain, it can take a long time. There is plenty of room in the amendment to ensure that families that have suffered are not caught up in ways that are unfair, unkind and not how the Bill is designed.

On amendment 84, last Tuesday the then Minister raised a similar concern about dilapidated properties that are being done up. Again, this amendment, which was tabled before that debate, is prescient in that regard. It is again an “at least” provision, which means that local authorities could be thoughtful about delays to work because of all sorts of things, including planning concerns and the weather—significant events that can set development back—and the long process of sale. These amendments would put on the face of the Bill some understanding, humanity and common sense, and would ensure that the balance is struck and that the Bill does what it is seeking to do.

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[Rachael Maskell]

I beg to move amendment 85, in clause 74, page 83, line 23, at end insert—

“and it has considered the historical, cultural or archaeological significance of a name change”.

This amendment requires cultural, historical and archaeological factors to be considered before making a name change.

We are considering many things in the Bill, and we come now to a clause that deals with street names. Needless to say, the issue of street names is one of much interest not only to the population of York at large but to archaeologists and historians, whom I meet regularly in our city. It is probably obvious why that is the case: we are clearly a proud city and there is much history to be debated.

A lot of streets in York have changed their name over time. A case could be made to change some of them back to their original names. In York, the streets are named gates, the gates are called bars, and the bars are called pubs. Our language is slightly different from that used in other places. Many of the names have been changed for good, sensitive reasons. What was Beggargate, for instance, is now called Nunnery Lane, and some names were far worse. Our approach to the naming of streets evolves. We have many layers of history, and there are areas of Roman, Viking and medieval significance in places such as York.

Names could be changed at the stroke of a vote, but it is important to put in place checks and balances, including a consultation process and engagement with the wider community stakeholders and residents, to ensure that streets have appropriate names.

There are examples of those who were once heroes but are now fallen individuals. We may have seen a darker side of them or of our colonial past. The street name can tell a different story and therefore the changing of a name is not only a process but can be a historical or political act in itself. It may be desirable, but to understand the past is important. Therefore, to explain the name rather than change it may be the action to take to reflect that on a newer estate. Perhaps we will look at the industrial past of an area or some event or place of significance, or perhaps point to a new age and opportunity.

There are countless reasons why a street name vote may be sought. However, recognising the significance of a name or a former name could help define a street or an area, as well as the historical, cultural or archaeological significance of a place. My amendment will simply ensure that the history and archaeological understanding of a place is not lost. I am seeking assurances from the Minister that that understanding will form part of a consultation around the name change and the process set out in clause 74.

[Alex Norris]

This is the third time in part 2 that we have addressed names. We addressed alternative names for Mayors and alternative names for combined county authorities. My view on street names is the same as in those cases. My experience in Nottingham is that if we seek to do anything daft with names, the public pretty soon sniff it out and have a good way of correcting it, whether at the ballot box or through more informal means. I have a lot of confidence in our communities to make the right and sensible decisions given the right framework in law.

We are interested in the clause. I may make some more arguments in the next amendments. It is important that the important historical and archaeological factors are not lost. This is probably a de minimis provision and only asks for consideration. It is no greater fetter than that. I hope the Minister is minded to that.

[Mr Jones]

The amendment would add additional criteria for local authorities when considering the renaming of a street. I understand the importance of history, archaeology and culture in this process. However, the Government strongly believe that local people should have the final say on changes affecting street names. We would expect those local views to reflect the historical or cultural associations of the names concerned, and the importance that communities place on them. It is not clear that a freestanding additional requirement to consider heritage is necessary, or how it would work. It could, for example, make it harder to secure name changes that have local support but where new considerations, such as the need to honour a local person or event, take precedence over an archaeological interest. For instance, some Olympians had streets named after them following the 2012 Olympics.

We recently consulted on the prospective secondary legislation and guidance to deliver those changes. Respondents were overwhelmingly positive about our proposals, with 91% agreeing that the regulations and statutory guidance should set out how local authorities should seek consent when changing a street name. In view of that support, and the fact that heritage and cultural significance are matters that communities will weigh up, I hope the hon. Member will withdraw her amendment.

Levelling-up and Regeneration Bill (Tenth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 5th July 2022 Public Bill Committees

[Alex Norris]

I congratulate my hon. Friend on her excellent amendment, which gives us the chance to have an interesting conversation about having a backstop to ensure that our fire and rescue services are funded and safe. The reality she has injected into the debate is helpful for our considerations.

Reducing fires is a tricky business. Over the past 20 years it has been a significant success story of Government. The incidence of fire that fire and rescue services attended peaked at 1 million in 2003-04. Within 10 years that figure had halved. That is set against an increasing population. The number has held about the same for the last eight years. It is a real success story for Governments of different persuasions.

There are a number of factors. First, there is the more effective and efficient operation of fire and rescue services and those who work for them—they have done a great job. Then there is the very virtuous circle that, as incidents that have to be visited have reduced, the firefighters have used their time for early intervention activities, such as fire safety checks for vulnerable people, which have been a really good way of reducing the incidence of fire. That is very good for public safety, for the individuals and for resources. It has created a virtuous circle.

Changing diets have also had an impact—there are not as many chip pan fires as there were 20 to 30 years ago. There is better regulation of products, which are less likely to catch fire these days. That is set against a significant growth in the technologies we use at home. There are lots more electric-intensive items, but the appliances are better and they are regulated better. A whole mixture of developments have resulted in a spectacular reduction in the incidence of fire.

[Rachael Maskell]

My hon. Friend makes a really good point. North Yorkshire fire service does household and wellbeing checks. There has been no reduction in the scale of rescue, including from road traffic accidents. I am sure that the Minister occasionally hears on the West Yorkshire airwaves about the challenges and regular accidents on the A64. York also experiences flooding, and the fire service is involved with our rescue boat. Tragically—more so at this time—the fire service also addresses issues of river safety and suicide, so its responsibilities are far more expansive than just dealing with fires. It was remiss of me to not refer to those matters earlier.

[Alex Norris]

I am glad that my hon. Friend has had the chance to do so; what she says is very much true. Of course, the traffic on our roads has only grown over that period, so as my hon. Friend says, those incidences are likely to be something that we will always need a service for, and we are lucky to have the ones that we do. However, given that this is so multifactorial, the challenge we face is to work out what we can safely afford to change, and certainly what we can afford to do from a financial perspective. Have we reduced fires to a new normal, or are we suppressing and dampening them through our activities? We would only know the answer if we pulled resources out, and the reality—and this is really important for the purpose of this amendment—is that there is not an awful lot of money to take out of the fire service.

The Minister talked about the possibility of chief constables taking on leadership of the service. All those points have been well made and, as he has said, are mirrored in the 2009 Act and on the face of the Bill. However, combining senior management achieves some savings, but not an awful lot in the grand scheme of things. It obviously creates the advantages of colocation, but it does not mean that the services sit on top of each other, so they still need the space, although they may get some aggregation benefits. Then we start looking at going back to retained firefighters, which suits some communities but will not suit others. Finally, we are left with the two areas where savings tend to come from, which are a reduction in appliances and short crewing.

On the appliances front, I live just near junction 26 of the M1, which is a very busy place for the rescue functions that my hon. Friend the Member for York Central talked about. We currently have two appliances there, which means that fire cover is a challenge for the rest of the community. Every five years or so, we have to fight off a proposal to reduce the number of our appliances from two to one. I expect that we are due another proposal soon. It is one of the earliest political campaigns I got involved in. Like the football World cup, it comes around every four years and we keep succeeding. Long may that be the case, because reductions create gaps in fire cover. Some of the gaps that my hon. Friend talked about are significant, and these are things that people feel very strongly about, in terms of the money they pay in taxes and the support they would like to have. That is a challenge.

There is only so far that services in distress can go with appliances. It is kind of possible to have half an appliance, but not really because it does not give services the same financial benefit. When a service is down to short crewing, firefighters are asked to deal with really dangerous situations that they have not been trained to deal with, and the best health and safety and work modelling does not suggest that that is the way to do it. We should be very careful about entering that space. There needs to be a backstop. As my hon. Friend the Member for York Central said, we would not want to use it routinely, but it would be helpful if the Bill made that provision available. The Minister may say that there are other ways to deal with this. If so, we will listen with interest, but my hon. Friend’s point is well made and I think that our constituents feel very strongly about it. She has made a strong case.

[Tim Farron (Westmorland and Lonsdale) (LD)]

This is a very helpful amendment, and one that I hope the Minister will take seriously. As has been said, huge strides have been made over the past few years in reducing the numbers of horrific incidents. That has happened for a lot of reasons, including the fire and rescue services focusing on fire prevention work and on seeking proactively to educate homes and businesses on the need to avoiding risks, as well as all sorts of other structural factors that have already been mentioned.

In my part of the world, we are dependent on people who are not full-time firefighters. That is not just retained firefighters—I will come back to them in a moment—to whom we owe a particular debt of gratitude. The work of mountain rescue and bay rescue services, integrated with the fire and rescue service, provides a unique perspective and a reminder that we try to use all sorts of innovative ways—voluntary ways, often—to meet the need to protect the community, despite a lack of resource.

Among the reasons why the amendment is important is the fact that we need to understand that if we are considering a fire service that is predominantly retained—particularly in rural communities, in places such as Sedbergh, Staveley and many other communities that I represent elsewhere in Cumbria—it will only have a retained pump. That is all it has. With a declining workforce, the change in housing tenure over the past few years, which has become radically different in the past two, and a shrinkage of the working-age population, we are running the risk of having no one available to take on those roles. In those circumstances, it makes sense for the fire and rescue service, and Government working with services around the country, to look at ways of augmenting communities where it is simply not possible to find the people to staff a retained pump and, therefore, to keep the community safe.

I am proud to be a Cumbrian MP. I also represent Westmorland and old Lancashire. I am, however, Yorkshire’s secret MP, because I represent Sedbergh, the dales, Garsdale and Cowgill—we border North Yorkshire. There are huge distances between places out there, from the lakes to the dales. Yes, the incidence of fires that we now encounter is low, compared with a couple of decades ago. Lots of people should take credit for that, including Governments of different colours and, in particular, the fire service.

However, the distances that need to be covered to get from the fire station to the fire are vast. If a retained firefighter is on their farm and drops what they are doing to cover that distance to get to the pump, only to find that there are only two other people who have got there at the same time, they then have to make a call about whether it is safe to attend the fire. There are only three of them who managed to get away from work, and there are only five people on the list in the first place. They have to think: “What do we do? Do we scramble Kendal and get a full-time pump? That is another 10 miles away.”

The amendment would allow the flexibility to create and provide funding to ensure the provision of a full-time pump for communities that, under normal circumstances, might not qualify under the funding formula, so that we are not putting rural communities, in particular, at risk.

--- Later in debate ---

[Rachael Maskell]

I appreciate the contributions that have been made by hon. Members. The points about accountability were absolutely right. We have seen a reorganisation of local government in North Yorkshire, and the districts were not supportive of it and felt that it was very much imposed from the centre. Being able to see the rationale and the thinking is important, and that is what these simple amendments would allow. I am happy to withdraw the amendment for now, but I reserve the right to bring it back at a later stage. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 42 ordered to stand part of the Bill

Clause 43

Requirements in connection with establishment of CCA

[Alex Norris]

I beg to move amendment 40, in clause 43, page 39, line 23, at end insert—

“(5A) When the Secretary of State makes regulations under this section they must publish an accompanying statement stating—

(a) whether or not the CCA has access to the fullest conferred powers, and

(b) if not, the reasons why not.”

I will be brief, because this is a counterpart conversation to discussions that we have had before. The amendment would enhance the clause by putting in a requirement to report on whether a combined county authority has access to the fullest conferred powers, and if not, an explanation for why. That would help the Government to maintain their stance in the White Paper, in which they seemed to want to offer such measures by 2030. It would perhaps be a positive step if we did that a little quicker.

[Neil O’Brien]

The amendment is not appropriate for two main reasons. First, it uses the term “fullest conferred powers”, which is undefinable and incalculable. Our devolution framework does not provide a minimum offer, and our local leadership mission and desire to deepen devolution mean there is no upper limit to the conferral of powers, nor should we seek to impose one.

--- Later in debate ---

[Alex Norris]

My notes are as extensive as saying, “Same principle.” I might have to do a bit better in my explanation, but that is probably a sign not to speak for long on this clause either.

Clause 48 gives the Secretary of State the powers, essentially, to make clause 46 work—the ability to provide for the exercise of functional purposes. That argument was well made by the Minister and agreed with by all. What amendment 41 would do is leave out subsections (3)(b) and (c), as a way of saying to the Secretary of State that this power should not be conferred unequally. We should be conferring these powers as and when necessary to CCAs—I made that point earlier. As an alternative, under amendment 42 to clause 49, the Secretary of State must offer a general power to all if it has been offered to one. Again, that is in line with arguments that have already been made, which I will not repeat.

[Rachael Maskell]

I will be brief, because we have discussed these matters a number of times. The Committee has come to recognise that there will be asymmetry and that the powers will evolve at different times and in different authorities. That is the nature of devolution, and it is positive because it means local areas are in control of their own destiny. Capping those powers will have an impact on the economic ability and drivers of an area and will result in socioeconomic loss. Restraining local authorities in reaching their potential could mean that we do not see the growth and opportunity that a CCA could bring.

The amendments would enable more parity but also ensure that CCAs do not have different powers or descriptions. We want more symmetry in the ability to attain powers, and we will no doubt keep labouring the point at later stages of the Bill, because it is fundamental to devolution and who controls the process. The amendments very much go into the detail of that.

--- Later in debate ---

[Rachael Maskell]

No, I think I have said enough.

[Alex Norris]

The Minister knows that the Opposition approach is neither one size fits all, nor slowest pace. I concede that amendment 41 probably does not serve in that regard because it would have a restrictive impact. I take the criticism of the amendment, but the same does not apply to amendment 42, although I am not inclined to press it to a vote.

The Minister used the characterisation “à la carte”. I thought that was the whole function of the White Paper. He instead talks about individual agreements, which I think is part of the reason we have the complicated set-up that we have now. I thought the whole purpose of the White Paper was the pursuit of the goal of everyone having the uppermost powers if they so wished. Individual agreements are clearly not going to be the most effective way to do that.

We are left in this curious situation where we seem to be more interested in and attached to what is in the White Paper than the Minister is. The point has been made, so I will not push the amendment to a Division. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 48 ordered to stand part of the Bill.

Clause 49 ordered to stand part of the Bill.

Clause 50

Incidental etc provision

Question proposed, That the clause stand part of the Bill.

Levelling-up and Regeneration Bill (Ninth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 5th July 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

My hon. Friend gets to the nub of the challenge. Although we as politicians can understand all this while sitting in this room, we need to construct a massive communication piece for our constituents across the country, so that they can understand the difference between the tiers of government and the powers that they can access. We are getting such a patchwork—I call it patchwork Britain—and our constituents are not able to grasp what is in, what is out, and where those powers and accountability lie. That could place us in a difficult situation, with a lot of work being duplicated as well. Does my hon. Friend agree that we need clarity not only on how this translates to people, but on the lines of accountability? I am thinking in particular of how people can give voice to what they want, because the proposals are even more confusing in that regard.

[Alex Norris]

I completely agree with my hon. Friend. There is an inevitability about this ending up as a patchwork, not least because we have inherited a patchwork today. But there is strength in that, too. If local communities want to access the fullest powers, they should have that chance to do so, but if they do not, they should be able to make that choice as well. We will not always be able to move at the pace of the slowest, as the Minister mentioned frequently on Thursday. One of the best ways to work around that and to avoid the local confusions about accountability that my hon. Friend talks about is for it to be something that the local community really wants. There will be greater understanding if it is something it has asked for. There will be much less understanding when it is a process that has happened to them—police and crime commissioners are a good example of that—rather than with them. As a result, the thing exists in splendid isolation and engagement falls, which is not good.

The Minister made a really good point about the desire, which I think is universally shared, for local decision making. He used really good examples of things that would have previously been operated by quangos and unelected bodies, and said that they should be operated locally by people with a local connection, a local mandate and local accountability. I completely share his view. I do not understand, however, why that has to be part of a new tier. Why cannot it be part of the tier used to create a combined authority? That, by definition, is closer to people because it serves more localised electoral wards? Again, I would be interested to hear about that in the Minister’s summing up.

[Rachael Maskell]

This is not necessarily for legislation, but it will aid us in our formulation. We need clarity on the end point. We are talking about tiers 1, 2 and 3, but is it envisaged that everyone will eventually have fully devolved powers regardless of whether they have a Mayor or not? How long would that journey take? It could be five or 10 years. Alternatively, if tiers 1, 2 and 3 were to apply to separate authorities, what would that mean for this place, because we would be legislating on behalf of just a few authorities, which does not seem right either? Understanding the end point will be absolutely crucial for how we progress the legislation.

[Alex Norris]

I hope that the Minister will explain what the end point is, because it is an interesting question.

In Thursday’s debates, I got a sense that my affinity with the White Paper, certainly in relation to this issue, is closer than that of the Government, and that is because I want everybody to be able to access the fullest range of powers, but to also have the choice of stopping short of them if they wish. That will be a matter for local conversation, but I do not think that we heard during Thursday’s debates that that is quite what the Government want, because they still want to reserve for themselves the provision of negotiating directly and separately. That does not enhance the approach; it only creates greater confusion.

I want to probe the functional reason why a county combined authority has to stop at level 2, while the distinct and different level 3 powers mean that an area has to be led—it is unavoidable and axiomatic—by a directly elected Mayor. I do not understand that. The one explanation of substance, as the Minister mentioned last week, is that police and crime commissioners must be directly elected. I am willing to concede that and will address it shortly, but I am unsure about everything else that is in column 3, as distinct from columns 2 and 1. They include defining the key travel route network; prioritising rail relationships; multi-year transport settlements; the long-term investment fund, which is the real prize in all of this, and I will cover it shortly; designing employment programmes; establishing development corporations; devolution of brownfield funding; partnership with Homes England; public health responsibility where there is interest in it; a precept in council tax; and the supplementing of business rates.

I put it to the Minister and the Committee that those could all be delivered by a combined authority. There is nothing so specialised or individualised that the powers should be exercised by an individual rather than by geographical partners who have chosen to collaborate in the collective interest, with each having derived a mandate from the local ballot box. I will reflect shortly on the important points about acting in consensus and being collegial, as we heard in our evidence from Mayor Andy Street. The way in which he talked about that was admirable. Why does that require a super-person at the head of it to make it go, if it is not what communities want? My contention is that there is no functional reason for that; it is a matter of choice and taste for the Government. And I think that the matter of choice and taste for local communities is as important—frankly, more important—than central Government’s choice and taste.

We should not lose sight of the fact that local councils deliver, too. I was looking at the latest set of The Municipal Journal awards, because it is nomination season for this year. And there is Plymouth and its culture-led recovery; Lancashire delivering during the pandemic; Swansea delivering through its social housing programmes; and Bromley driving health and care integration. All around the country we see local authorities of all tiers delivering for their communities every day. We fail the public conversation and we certainly fail the political conversation if we laser in on individuals who are Mayors, who are doing brilliant work, as I have said, and create that as distinct from councils, because councils themselves are doing great work. It would be better to see council leaders more visibly represented, whether in the media or in the public debate more generally, because up and down the country those local authorities are delivering for communities every day. And they have done that in incredible circumstances. They have been starved of money for 12 years; the context is significant cuts set against increasing costs. But they have adapted and come through for their communities, and their reward seems to be a new tier of local government whether or not they really want it.

I also put this to the Minister. The major, compelling case in relation to tier 3 is the police and crime functions, because, for reasons of statute, that necessitates a Mayor—although there is something undesirable in bad legislation from previous years tying our hands in the future. But that should be a point of choice for communities. If the final tipping point between having only a combined county authority, with basically all the tier 3 powers, and having a mayoral combined county authority is whether or not to take on police and crime functions, I put it to the Minister that the majority, if not all, would stop short and would choose the combined county authority without a Mayor taking on police and crime functions.

Let us be frank about what is happening here: this is about finance. It is always about finance, but this is especially so. This is about line 11 of table 2.3 on page 140 of the White Paper. This is about a long-term investment fund with an agreed annual allocation. All our communities desperately need and deserve this. They have seen it taken away, year on year, for 12 years, and now they want it back. At the moment, they are having to dance for it, through this ridiculous stream of beauty parades to try to get just a little bit of it back. And as we have said in relation to previous clauses, even the winners in those contests are losers, really.

However, this is a chance for communities to try to get some of the money back, and get it on an agreed footing, over a number of years. For those who are making decisions locally, that is really the No. 1 thing—the ability to have a sense of what is coming, so that they can plan and use it most effectively. But there is an asterisk at the end: rather than it being given to them by right, even though clearly the money is there and the Government wish to give it, it is given only if they choose a model of leadership that suits central Government rather than necessarily local communities. That is apparently a negotiation, but it does not look like one to me.

[Rachael Maskell]

My hon. Friend is coming to the nub of the matter. If we look at the issue of the police and crime commissioner or, as in the case of North Yorkshire, the police, fire and crime commissioner, we know that the funding of that post is separate in the way in which that works out in the funding formula, so there is no need to aggregate those particular issues if finance is the driving force behind it. I appreciate my hon. Friend’s point about the piece of accountability, but Tracy Brabin told us in her evidence that taking a public health approach to policing is not necessarily a PCC function per se, but a wider function of local governance in all its tiers and variations.

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[Alex Norris]

I beg to move amendment 34, in clause 26, page 21, line 4, at end insert—

“(1A) The mayor may appoint more than one person to be a deputy Mayor, in which case references in this section to “the deputy Mayor” should be read as “a deputy Mayor”.

(1B) The mayor may only appoint as a deputy Mayor a person who is qualified to be elected and to hold office as the mayor in accordance with paragraph 7 of Schedule 2.”

This amendment would allow mayors of CCAs to appoint as many qualified deputy Mayors as they wished.

Again, this amendment deals with deputy Mayors; as the Minister has perhaps divined, this amendment shows where I am going with this issue. I am interested to hear the Minister’s views on it and I will seek his reassurances in relation to it.

As we have seen with existing combined authorities, deputy Mayors can fulfil a really important role in overseeing the different policy areas that lie within the remit of a combined authority. With this amendment, I want to probe the Bill and any guidance that follows from it, perhaps as set out in regulations. The intention of the amendment is to provide for multiple deputies.

Amendment 34 would allow Mayors of county combined authorities to appoint as many qualified deputies as they wish to. I believe that this amendment would improve the Bill and the functions of such deputies, by making it clear at the outset that they should exist, and that the post of deputy Mayor is a proper and senior role, which might be helpful in future.

As democratically elected officials, it is entirely right and proper that Mayors should have the power to appoint individuals to the position of deputy Mayor, should they wish to do so; again, as I said, I think that that is on the tin when we sign up for this model. We ought to trust a Mayor’s judgment and indeed respect their mandate to allocate such positions appropriately, matching individuals to portfolios that will maximise the delivery of good policy and improve the overall functions of the CCA. Obviously, should those decisions prove not to be good ones, there will be accountability.

Making it clear that the Mayor has the power to appoint these individuals will perhaps help them to find those individuals who want to take on the job, because—again—they are real and enshrined roles. This might not need to be in statute, but I would be interested to hear from the Minister the history of combined authorities in this area and how he feels they have evolved, and how he thinks this system will work in practice, either in regulation or in guidance.

[Rachael Maskell]

I appreciate the opportunity to speak on amendment 34. There are a few points that I want to make, building on the comments from my hon. Friend the Member for Nottingham North.

First, the title of deputy means that the deputy Mayor will deputise for the Mayor and, as we heard in the previous debate, they will not have a democratic mandate behind them. As a result, we are missing an opportunity to have greater democracy built in at local level, because deputy Mayors will be appointed and the person appointed may never have been elected to any tier of government, yet will carry huge responsibilities and powers. If, for instance, the Mayor is not able to participate in an activity because of serious illness or something like that, clearly the functions of devolved government will continue and unelected deputy Mayors will fulfil those functions.

In particular, I want to pick up on the issue of the number of deputy Mayors that there could be. Of course, there will be a range of roles that they could assume, at the determination of the Mayor. However, there is one thing that I really want the Minister to consider and respond to. In an age where we absolutely and rightly need to think about equality of opportunity, it is about the diversity of the team around the Mayor and the people deputising for the Mayor. For instance, could there be a job share in the role? The legislation does not signify whether there could or could not be a job share, but I think we would want to see that opportunity open up.

That would be more inclusive and would perhaps allow more people to participate in or take on such a role, or there could be a number of senior functions, which somebody working part time—I think we all know what “part time” in politics means—could take one function and somebody else could take another function, with both of them accountable to the Mayor. That could broaden opportunity and the diversity of the team, so that it is more reflective of the local community.

--- Later in debate ---

[Neil O'Brien]

Making some of the functions exercisable by the Mayor is at the heart of what we have been doing with devolution. If we are going to have the debate that we had earlier, I should say that the whole point of a Mayor is to have certain functions. If the hon. Lady is probing that, she is in a sense going back to the debate that we were having earlier today about why an area should have a Mayor.

The amendment is about a reporting requirement. As I have just set out, there are already substantial reporting requirements on why any powers are conferred on the Mayor. There is also reporting on progress on the devolution agenda, as part of clause 2 and the mission that we are pursuing, so there is already the kind of reporting that the amendment argues for. I hope that the hon. Lady will withdraw it.

[Alex Norris]

I very much agree with the thrust of the amendment; the case that my hon. Friend the Member for York Central made was very strong. It makes us think that these missions should be a central theme running through the programme of work. That programme may, at times, look different in different parts of the country, in terms of how it is exercised, but those fundamental goals, challenges and missions are a collective endeavour. That brings me back to my fear, certainly regarding the earlier parts of the Bill, that the Government feel they have to take all this on themselves. That is, first, an unnecessary level of burden and, secondly, not likely to succeed.

We accept that government is a very difficult business, and at times a fine series of balances. I would argue that this Government make things look particularly hard, but that might be an issue for a different day. However, for Ministers in this Department—one might except the Minister for Housing; there is, after all, a reason why they change every year—[Laughter.] I do not wish that for the Minister who is here today; I hold him in high regard and he can stay until the next election.

However, the rest of the Minister’s ministerial colleagues really could have a slightly lighter time if they just equipped, in terms of both money and power, local authorities to deliver on their goals and then let them get on with it. They would look brilliant; they would look like sensational, revolutionary change-bringers and they could have their feet up for the entire time. That does not seem like such a bad deal to me.

Instead, what we get is this over-centralisation and this lack of trust; it is all to be commanded and controlled from the centre. I am afraid that that just does not quite get things done. The amendment would actually push us into making a further step towards what we hope Ministers want, which is to get the responsibility, the power and the opportunities out to communities, under that shared framework of goals. That would be a positive thing, and there is an awful lot to recommend the amendment.

What the Minister said about the explanatory memorandum is welcome, but I say again—this is a theme throughout all our debates—that the Government have not been able to produce an impact assessment for the Bill, and we sit here, day after day, talking about it. We are led to believe that the Minister has a strong belief in the impact of Mayors, but he cannot evidence that in a conventional way. We have heard a commitment from the Minister. When the decisions are being made on regulations for setting up combined county authorities, I hope that we will have the right information to explain and understand the impact of the decisions that we make.

[Rachael Maskell]

I want to make a couple of points in response to the Minister’s comments. From what is in the legislation and the Minister’s words, it feels as though central Government are just not willing to let go and are still trying to hold on to something without seeing the full devolution: “You can have those powers, but we are going to make determinations about them.” In time, I trust that that will settle and the Government will have more confidence and trust in the system of devolution that they are setting out, but it feels as though they are trying to hold the line and keep control.

More worryingly, as we move through the Bill clause by clause, it seems that the agenda around levelling up is unravelling rapidly. That is a deeper concern if we are going to address the real injustices that our constituents face. They desperately need the Government to step up to the plate. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 27 ordered to stand part of the Bill.

Clause 28

Procedure for direct conferral of general functions on mayor

[Alex Norris]

I beg to move amendment 36, in clause 28, page 23, line 40, at end insert—

“(2A) Where the Secretary of State makes regulations to which this section applies they must notify all other mayoral and non-mayoral CCAs of this.”

This amendment would require the Secretary of State to notify all CCAs if they make regulations directly conferring general functions on a Mayor.

This is a return to a common theme. We are desperately seeking to encourage the Government to stay true to the White Paper so that all communities have access to the fullest range of powers. The clause provides a process, via regulation, for powers to be directly conferred on the Mayor by the Secretary of State following agreement with that Mayor. When that happens and a Mayor suddenly gets a new and novel power, we want a requirement on the Secretary of State to notify all combined county authorities that that has been done. I will not repeat the arguments that I have made previously, but we want that so that other authorities might seek to take on similar powers, if that is what they would value for their community.

[Rachael Maskell]

My hon. Friend’s amendment is really important. We know that London holds the power and wealth of our nation, but we are talking about authorities around the country, the CCAs, that are more distant from London and where there is greater inequality, poverty and lack of opportunity. Not even to report on powers will mean more divergence rather than addressing the inequality, so we could be in a worse state when trying to address the disparities.

--- Later in debate ---

[Alex Norris]

I beg to move amendment 37, in schedule 3, page 206, line 34, leave out paragraphs (b) and (c).

This amendment would prevent the Secretary of State from conferring only partial Police and Crime Commissioner functions on the mayor.

The fun is always in the schedules, is it not? I like to get into the detail and understand some of the reasons why certain approaches have been chosen. Schedule 3 introduces the arrangements that allow for Mayors of combined county authorities to take on police and crime commissioner functions in the way that the Minister has set out. As I said, this is a complex matter, particularly due to geography. I do not think the Minister quite addressed the complexity issue. Again, I would be interested in his thoughts about how that is likely to work in practice, certainly for footprints that clearly do not match up with police force footprints. That argument has been made already, so I will not repeat it.

The thrust of amendment 37 is to not make the devolution of those functions any more complicated than it already is. Paragraph 2(1) of schedule 3 allows the Secretary of State to

“by regulations provide that the mayor may exercise in the CCA area—

(a) all PCC functions,”

—that is all the functions, as the Minister has described. As I say, that has been done elsewhere, and it seems to be beyond debate. However, I want to probe sub-paragraphs (1)(b) and (1)(c), which provide for

“all PCC functions other than those specified or described in the regulations, or…only those PCC functions specified or described in the regulations”

to be devolved. Basically, the Secretary of State can by regulation devolve partial police and crime commissioner powers. First, that is unduly fiddly, and it might create an unwise divergence between Mayors. Either an individual has police and crime commissioner functions devolved to them, or they do not.

[Rachael Maskell]

I too am curious about the measures and the inclusion of paragraph 2(1)(b) and (c). My concern echoes the debate we had earlier: how there is an obligation under the Bill to have an elected Mayor, because they are taking on and subsuming the role of the police and crime commissioner. It feels as if here we see the role chopped up into little pieces and, as a result, only a partial role taken on. If so, why would there still be the obligation to have an elected Mayor?

Levelling-up and Regeneration Bill (Eighth sitting)

Debate between Rachael Maskell and Alex Norris

Thursday 30th June 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

Although it is essential to have an equality impact assessment to establish a baseline, it is also vital that all the work of the CCA puts everything through the prism of an equalities impact assessment too. If this amendment is not adopted, will it be appropriate to talk about having some form of equalities scrutiny within the body in order to ensure that all policy and decision making meets those equality objectives that we on the Opposition Benches share?

[Alex Norris]

Yes, absolutely. I remember one of the changes we made when I worked in local government. Remember, that was just one public body—one council—with many departments, just as national Government has many Departments, but in combined authorities we are talking about many organisations coming together to collaborate. We did not truly understand the cumulative impact budget decisions were having on individuals, particularly individuals with protected characteristics. It was likened by the individual who asked for the change as a sort of chopping away at a stool, with the legs all being chopped off on different sides by different departments. We did not understand that that was happening and that the cumulative impact was very significant for those individuals.

We need to find a way, whether through this amendment or through the thoughtful suggestion made by my hon. Friend the Member for York Central, to add this into the work of the combined county authorities so that they understand the collective impact their decisions will have. The levelling-up agenda gives me hope that the argument that it is not for Government to resolve these matters and that even if they did they probably would not do a good job no longer stands. Clearly, we no longer think that is true, which is a welcome change of tune. It shows that inequalities are not inevitable or unalterable, and that it is the role of the state to take the field and seek to do something about it.

These sorts of inequalities manifest all over the place. Even in the wealthiest communities, which we may be least likely to think are deserving of levelling-up funding, statistics regarding disability employment are still very challenging—I do not think there is any part of the country where they are not very challenging—but such communities are well placed to motor ahead on levelling up and perhaps do much better.

I hope that is the core on which these county combined authorities are operating. Happily, the Government are introducing overview and scrutiny arrangements in schedule 1. Now we must ensure they have the right information to work with. This amendment is one mechanism to do that. In the Minister’s response I hope to hear that if the amendment is not adopted, there are other ideas and other ways in which the Government think that can be done.

--- Later in debate ---

[Rachael Maskell]

I am thinking about the work of the Electoral Commission in setting constituency boundaries and names, which goes through the adoption process without requiring a two thirds majority. Is the clause not an inconsistency, rather than a consistency, with what happens elsewhere?

[Alex Norris]

Yes, I think so. There is a role for supermajorities, but as an exception and with strong cases. I am not sure this provision has met that test. I have a version of my speech that included a number of paragraphs about my views on the boundary review, and the sad extension of constituency titles, which seems to be inexorably taking us to five-word constituency titles. I thought you would not thank me for including that, Mr Paisley, but at least I have now put it on the record, so I am grateful to my hon. Friend the Member for York Central.

I will not press the amendment to a Division because I do not think it is a totemic issue. However, I hope we can seek to use supermajorities as an exception rather than the norm. If nothing else, this has been the hors d’oeuvre for a later debate—the real substance—which is what to call a mayor when we do not want to call it a mayor. Colleagues have that excitement ahead of them. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 15 ordered to stand part of the Bill.

Clause 16

Local authority functions

--- Later in debate ---

[Rachael Maskell]

I beg to move amendment 50, in clause 19, page 15, line 37, at end insert—

“(2A) Regulations under subsection (1) must require that all CCAs impacted by a transfer of functions under this section collaborate on all routes that cross relevant CCA boundaries, including—

(a) any changes to routes,

(b) any changes to fares, and

(c) the formation of new routes.”

This amendment would require Combined County Authorities with an Integrated Transport Authority to work collaboratively on fares and routes that cross CCA boundaries with other CCAs impacted.

There must be recognition in the legislation of the challenges relating to transport routes that cross CCA boundaries. Bus routes, for example—but this could also apply to trams—often go beyond the political boundaries that we are debating. Collaboration between authorities is crucial to achieve the inter-area connectivity that is required. Rather than having long-protracted negotiations, we should encourage collaboration; it could be transformative for bus routes, fares, services, infrastructure, and even ticketing arrangements. Certainly, devolved authorities are taking inspirational initiatives to develop their transport system. They could, however, be in proximity to a CCA that takes a different approach.

The office of the Mayor of London, which is trying to extend routes, has long pleaded on this subject. The radial routes from London do not stop at the boundary of Greater London; they cross into the suburbs. Of course, the transport systems in the suburbs can be very different. A lack of flexibility at the border could have a real impact on who is able to travel across the borders. Seamless travel will encourage more people to take public transport, and to engage in active travel.

We also need to think about where there can be smoothing across boundaries and jurisdictions on issues such as fares. There can be deals on fares. I think that we are all excited to see Andy Burnham’s step forward for Manchester in his new deal on transport, how that will achieve modal shift, and draw people out of cars and on to public transport, which is absolutely necessary if we are to address the climate challenges ahead of us. Clearly, though, there will be implications for anyone who lives just over the boundary.

When it comes to transport routes, is not just what happens when a person is on a piece of infrastructure or mode of transport that matters; it is how they get there. Seamless travel is important. There will be negotiation, but will negotiation with private bus companies will be protracted? That could be what ends up happening, because a private bus company has a profit motive. It may say, “We prefer not to run that route, because we are on a different system. We are looking at profitability, so we will not send a bus into the neighbouring CCA.” A devolved authority may have objectives—on issues such as air pollution, connectivity and economic opportunity —that the neighbouring CCA does not benefit from; also, a CCA may have a model that involves a private transport provider that does not have any interest whatever in those things. The amendment considers how we achieve sound integration between the different CCAs to make sure that there is no pain at the boundaries, which is often the case.

In terms of other modes of transport, we should consider the investment in trams. In the UK we have a small prevalence of tram use compared with other European countries, but their use can be transformative in modal shift. If we see trams as the arteries of a transport system, the capillary routes that feed on to that will determine how somebody travels. Better bus connectivity at the end of a tramline is an example. In a rural CCA adjacent to a more urban-based CCA, there could be a determination that buses stop at 6 o’clock at night, whereas people want a tramline to run into the evening, because that is of benefit to people on the route. The availability of connecting buses may well have an impact on the establishment of a tramline and determine whether it is viable and value for money. Such discussions will be very important.

Such connectivity is also important to active travel. As a keen cyclist, I am excited about the Beelines network that is being developed in Manchester. That is transformative, and I want to see active travel opportunities available right across the country. For that type of travel to truly have a benefit, however, one must have good infrastructure to feed cyclists into the Beeline. That could make the difference between people jumping into their cars or engaging on those active travel routes. That choice will have an impact on the environment of, say, Manchester, should people drive into the city centre, compared with the environment of a neighbouring CCA, perhaps more rural, where there may be cleaner air, but not necessarily the same transport benefits.

We must think of the end-to-end journey. The amendment highlights that consideration, and is designed to achieve that better connectivity. That is the big challenge across our transport system. Whether we are discussing routes, fares, or future infrastructure, making those wise choices can make a real difference to personal choices about which mode of transport people select. I hope that the Minister sees the value in the amendment.

[Alex Norris]

I support my hon. Friend’s excellent amendment. The clause could be described as a “people before boundaries” clause. My hon. Friend referred to pain at the boundaries, which is always going to be a challenge and we must draw a line somewhere. It is right that there should be an expectation that where such lines are drawn, however, there must be an understanding that they are administrative boundaries set by us, rather than the public. It is our duty to seek to do whatever we can—or in this case, the leaders of CCAs to do what they can—to ameliorate the impact of such boundaries. In this case integration would obviously be a good idea, for the very benefits that my hon. Friend has outlined. I am very keen to support the amendment.

--- Later in debate ---

[Rachael Maskell]

I thank hon. Members for their contributions. I think we have to recognise that we are on a journey around the devolution of our transport systems. What came across powerfully in the evidence sessions last week was how transport is the biggest issue the devolved areas are currently dealing with. Therefore, transport is the dominant economic opportunity for the future. My friend the hon. Member for Westmorland and Lonsdale made important points about integration being essential. Encouraging more services is at the heart of the issue. The more services we have, the more of a modal shift we will see.

My hon. Friend the Member for Nottingham North spoke of how this is about people before boundaries. These boundaries, which we will be debating more, do get in the way of conversations about natural people flows, which are crucial to ensuring that communities work in the most efficient and appropriate way. I am happy to withdraw my amendment, but I hope the Minister will reflect on the comments made in this debate and continue the conversation, not only through the devolution process but also with the Transport Secretary to ensure we get better connectivity across our transport system. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 27, in clause 19, page 16, line 2, at end insert—

“(3A) The Secretary of State must prepare and publish an annual report setting out—

(a) any differences in integrated transport authority functions conferred on CCAs,

(b) the reasons for those differences, and

(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”

This amendment would require the Secretary of State to publish an annual report explaining any differences in integrated transport authority functions conferred on CCAs.

Levelling-up and Regeneration Bill (Seventh sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 30th June 2022 Public Bill Committees

[Alex Norris]

I beg to move amendment 15, in clause 7, page 7, line 7, at end insert—

“(4A) “The Secretary of State must commission an independent evaluation of the merits of establishing CCAs as distinct from combined authorities and must lay the report of the evaluation before Parliament within 12 months of this Act coming into force.”

This amendment would require the Secretary of State to conduct an independent evaluation on the merits of the new Combined County Authorities established in Clause 7 and to report the findings to Parliament.

As we have discussed, the clause establishes county combined authorities if conditions A and B are met. The latter is the most pertinent. CCAs are different, though complementary, to combined authorities, which already exist under part 6 of the Local Democracy, Economic Development and Construction Act 2009. The clause essentially rolls out combined authorities so that all communities can have access to devolved powers, which is of course a very good thing.

That raises the question of why we need this clause, as we have the power on the statute book already. We need to be very clear, because this is a significant policy change. The Government feel that there is a need for CCAs alongside combined authorities. The decision to form such a combined authority can be decided at the upper tier, which essentially removes what the Minister termed, in the evidence session, the district council “veto”—we will get into that point more when we reach clause 16. This is a significant moment, a significant distinction and a significant divergence from current policy, which will have a significant impact for all those areas with two tiers of local government. I have no doubt that it will elicit strong feelings about whether district councils should be a formal partner in the process; the powers included here mean that, in the future, they will not be.

Amendment 15 is perhaps slightly less exciting. We will now have essentially two sets of organisations that basically do the same thing, or which will be used largely interchangeably in this place, the media and in public conversation. I expect that Ministers will engage with both types of organisation similarly—there is nothing in the White Paper to suggest otherwise. I understand the value in getting them going, but—I am leaning on the expertise that the Minister has access to—does he have no anxieties that that different legal status may lead to unintended consequences down the line in terms of what the organisations can and cannot do? We might end up with a divergence that we are not seeking. As far as I have had it explained, the only reason for divergence is for the ability and convenience of getting these things going.

The amendment asks that within a year of the Act coming into force, the Secretary of State commissions a report that establishes whether it is desirable to have this technical difference for things that are substantively the same.

[Rachael Maskell]

I can already hear what the Minister is going to say in response, because we rehearsed some of these arguments on Tuesday. The importance of the independence that the amendment points to should also be drawn out. If we are building confidence between communities and Government and establishing a new tier of power and of democracy, having rigour and independence is also important, to ensure that we can progress proposals on CCAs. Does my hon. Friend agree that that is a vital element of what the amendment proposes?

[Alex Norris]

Yes, that independence and transparency will be the theme of a lot of our discussions. I make no apology for that. In this case “independence” was carefully chosen because we need to be clear that the reason for setting up a new class of combined authorities as distinct from those cited in the 2009 Act is one of convenience, because it means that something will be done. The broad agenda has been stuck, spinning its wheels, and there are no more combined authorities in the works because those who were able to form consensus have done so and the rest, presumably, are unable to do so. The Government of the day have the right to bring forward proposals, as they have done, but the amendment is designed to provoke a clear response from the Minister that there is no danger of separate treatment for those bodies that is not intended at the outset.

--- Later in debate ---

[Rachael Maskell]

My hon. Friend is making an important point about the autonomy of CCAs to control their destiny. We recognise that we are on a journey of devolution. In her evidence, the West Yorkshire Mayor, Tracy Brabin, spoke about how she sees the intersection between her role and that of overseeing the police and taking a public health approach, which shows how things can evolve. As she does that, other authorities will be looking on and looking to replicate such opportunities. Does my hon. Friend agree that CCAs have to be given latitude so that they can make determinations about their own evolution and, as time goes by, get more powers to fulfil the aspirations and opportunities that need to come to local communities, let alone do anything to address the inequalities?

[Alex Norris]

I share my hon. Friend’s view. That point was made very clearly in Tracy Brabin’s evidence. Having said that we in this place have an interest in constitutions and the rules of the game, my strong belief, as someone who wants to see change happen in my community and to see my community improve in a vast range of areas, is that form should follow function. What are we trying to get out of these bodies? The structures—the bodies and committees that need to be in place—should then flow from that. I strongly believe that the people best able to decide that will be those who operate locally in the combined authorities.

The Government have to set the broader parameters, but I am hoping to hear from the Minister that those are likely to be de minimis involvement and that, instead, they will positively cut the link and allow county combined authorities to drive action forward without worrying about that tap on the shoulder telling them that even though they said they wanted to do that, they cannot.

--- Later in debate ---

[Rachael Maskell]

I am conscious that the most recent census information, which is just coming out, shows a significant change in the demographics of our country. It is important that we not only look at the three protected characteristics mentioned in the amendment, but consider wider protected characteristics—for example, disabled people in positions of authority. As well as reflecting communities, seeing that leadership is often an encouragement.

[Alex Norris]

Yes, that is right. The suggestions in the amendments form a basis—I would be very keen to build that out across the protected characteristics.

That provision has worked with gender pay gap reporting and has driven a public conversation. I envisage the changes we are seeking to introduce working in a similar way; at the moment of publicity, the reports would create reasoned and informed public debate about how to change some of the inequalities that exist. Diversity data is a really good way of doing that. This is about being honest and having the conversation, so that we might change things. We should start this new class of bodies, which are going to be really important in our communities, on the best footing, with best practice.

Of the Mayors who have been elected so far, only one has been a woman and only one has been from a black, Asian or minority ethnic background. We would not want any new arrangements to exacerbate existing gaps in representation. Of course, ultimately it is up to voters to select who they wish to be their Mayor, but when CCAs have the power to choose associate and non-constituent members, I hope that we would say from the outset that we want to see a diversity of representation.

[Rachael Maskell]

Does my hon. Friend agree that the act of carrying out an equality assessment and looking at the diversity of the people who are appointed focuses the mind to consider who is being appointed to these posts?

[Alex Norris]

I think that is right. That has been the experience of the provisions of the Equality Act, and would be the experience here, too. We want these issues to be at the front of CCAs minds at the outset. We want them to speak and work with legitimacy for their communities. They do that by being representative of the communities they serve.

These changes are not onerous. I dare say the report could be done quite quickly. I hope the Government think this is important, that we will hear from the Minister that he thinks it is important and that he will therefore be minded to add them to the Bill.

Levelling-up and Regeneration Bill (Eighth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Thursday 30th June 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

Although it is essential to have an equality impact assessment to establish a baseline, it is also vital that all the work of the CCA puts everything through the prism of an equalities impact assessment too. If this amendment is not adopted, will it be appropriate to talk about having some form of equalities scrutiny within the body in order to ensure that all policy and decision making meets those equality objectives that we on the Opposition Benches share?

[Alex Norris]

Yes, absolutely. I remember one of the changes we made when I worked in local government. Remember, that was just one public body—one council—with many departments, just as national Government has many Departments, but in combined authorities we are talking about many organisations coming together to collaborate. We did not truly understand the cumulative impact budget decisions were having on individuals, particularly individuals with protected characteristics. It was likened by the individual who asked for the change as a sort of chopping away at a stool, with the legs all being chopped off on different sides by different departments. We did not understand that that was happening and that the cumulative impact was very significant for those individuals.

We need to find a way, whether through this amendment or through the thoughtful suggestion made by my hon. Friend the Member for York Central, to add this into the work of the combined county authorities so that they understand the collective impact their decisions will have. The levelling-up agenda gives me hope that the argument that it is not for Government to resolve these matters and that even if they did they probably would not do a good job no longer stands. Clearly, we no longer think that is true, which is a welcome change of tune. It shows that inequalities are not inevitable or unalterable, and that it is the role of the state to take the field and seek to do something about it.

These sorts of inequalities manifest all over the place. Even in the wealthiest communities, which we may be least likely to think are deserving of levelling-up funding, statistics regarding disability employment are still very challenging—I do not think there is any part of the country where they are not very challenging—but such communities are well placed to motor ahead on levelling up and perhaps do much better.

I hope that is the core on which these county combined authorities are operating. Happily, the Government are introducing overview and scrutiny arrangements in schedule 1. Now we must ensure they have the right information to work with. This amendment is one mechanism to do that. In the Minister’s response I hope to hear that if the amendment is not adopted, there are other ideas and other ways in which the Government think that can be done.

--- Later in debate ---

[Rachael Maskell]

I am thinking about the work of the Electoral Commission in setting constituency boundaries and names, which goes through the adoption process without requiring a two thirds majority. Is the clause not an inconsistency, rather than a consistency, with what happens elsewhere?

[Alex Norris]

Yes, I think so. There is a role for supermajorities, but as an exception and with strong cases. I am not sure this provision has met that test. I have a version of my speech that included a number of paragraphs about my views on the boundary review, and the sad extension of constituency titles, which seems to be inexorably taking us to five-word constituency titles. I thought you would not thank me for including that, Mr Paisley, but at least I have now put it on the record, so I am grateful to my hon. Friend the Member for York Central.

I will not press the amendment to a Division because I do not think it is a totemic issue. However, I hope we can seek to use supermajorities as an exception rather than the norm. If nothing else, this has been the hors d’oeuvre for a later debate—the real substance—which is what to call a mayor when we do not want to call it a mayor. Colleagues have that excitement ahead of them. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 15 ordered to stand part of the Bill.

Clause 16

Local authority functions

--- Later in debate ---

[Rachael Maskell]

I beg to move amendment 50, in clause 19, page 15, line 37, at end insert—

“(2A) Regulations under subsection (1) must require that all CCAs impacted by a transfer of functions under this section collaborate on all routes that cross relevant CCA boundaries, including—

(a) any changes to routes,

(b) any changes to fares, and

(c) the formation of new routes.”

This amendment would require Combined County Authorities with an Integrated Transport Authority to work collaboratively on fares and routes that cross CCA boundaries with other CCAs impacted.

There must be recognition in the legislation of the challenges relating to transport routes that cross CCA boundaries. Bus routes, for example—but this could also apply to trams—often go beyond the political boundaries that we are debating. Collaboration between authorities is crucial to achieve the inter-area connectivity that is required. Rather than having long-protracted negotiations, we should encourage collaboration; it could be transformative for bus routes, fares, services, infrastructure, and even ticketing arrangements. Certainly, devolved authorities are taking inspirational initiatives to develop their transport system. They could, however, be in proximity to a CCA that takes a different approach.

The office of the Mayor of London, which is trying to extend routes, has long pleaded on this subject. The radial routes from London do not stop at the boundary of Greater London; they cross into the suburbs. Of course, the transport systems in the suburbs can be very different. A lack of flexibility at the border could have a real impact on who is able to travel across the borders. Seamless travel will encourage more people to take public transport, and to engage in active travel.

We also need to think about where there can be smoothing across boundaries and jurisdictions on issues such as fares. There can be deals on fares. I think that we are all excited to see Andy Burnham’s step forward for Manchester in his new deal on transport, how that will achieve modal shift, and draw people out of cars and on to public transport, which is absolutely necessary if we are to address the climate challenges ahead of us. Clearly, though, there will be implications for anyone who lives just over the boundary.

When it comes to transport routes, is not just what happens when a person is on a piece of infrastructure or mode of transport that matters; it is how they get there. Seamless travel is important. There will be negotiation, but will negotiation with private bus companies will be protracted? That could be what ends up happening, because a private bus company has a profit motive. It may say, “We prefer not to run that route, because we are on a different system. We are looking at profitability, so we will not send a bus into the neighbouring CCA.” A devolved authority may have objectives—on issues such as air pollution, connectivity and economic opportunity —that the neighbouring CCA does not benefit from; also, a CCA may have a model that involves a private transport provider that does not have any interest whatever in those things. The amendment considers how we achieve sound integration between the different CCAs to make sure that there is no pain at the boundaries, which is often the case.

In terms of other modes of transport, we should consider the investment in trams. In the UK we have a small prevalence of tram use compared with other European countries, but their use can be transformative in modal shift. If we see trams as the arteries of a transport system, the capillary routes that feed on to that will determine how somebody travels. Better bus connectivity at the end of a tramline is an example. In a rural CCA adjacent to a more urban-based CCA, there could be a determination that buses stop at 6 o’clock at night, whereas people want a tramline to run into the evening, because that is of benefit to people on the route. The availability of connecting buses may well have an impact on the establishment of a tramline and determine whether it is viable and value for money. Such discussions will be very important.

Such connectivity is also important to active travel. As a keen cyclist, I am excited about the Beelines network that is being developed in Manchester. That is transformative, and I want to see active travel opportunities available right across the country. For that type of travel to truly have a benefit, however, one must have good infrastructure to feed cyclists into the Beeline. That could make the difference between people jumping into their cars or engaging on those active travel routes. That choice will have an impact on the environment of, say, Manchester, should people drive into the city centre, compared with the environment of a neighbouring CCA, perhaps more rural, where there may be cleaner air, but not necessarily the same transport benefits.

We must think of the end-to-end journey. The amendment highlights that consideration, and is designed to achieve that better connectivity. That is the big challenge across our transport system. Whether we are discussing routes, fares, or future infrastructure, making those wise choices can make a real difference to personal choices about which mode of transport people select. I hope that the Minister sees the value in the amendment.

[Alex Norris]

I support my hon. Friend’s excellent amendment. The clause could be described as a “people before boundaries” clause. My hon. Friend referred to pain at the boundaries, which is always going to be a challenge and we must draw a line somewhere. It is right that there should be an expectation that where such lines are drawn, however, there must be an understanding that they are administrative boundaries set by us, rather than the public. It is our duty to seek to do whatever we can—or in this case, the leaders of CCAs to do what they can—to ameliorate the impact of such boundaries. In this case integration would obviously be a good idea, for the very benefits that my hon. Friend has outlined. I am very keen to support the amendment.

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[Rachael Maskell]

I thank hon. Members for their contributions. I think we have to recognise that we are on a journey around the devolution of our transport systems. What came across powerfully in the evidence sessions last week was how transport is the biggest issue the devolved areas are currently dealing with. Therefore, transport is the dominant economic opportunity for the future. My friend the hon. Member for Westmorland and Lonsdale made important points about integration being essential. Encouraging more services is at the heart of the issue. The more services we have, the more of a modal shift we will see.

My hon. Friend the Member for Nottingham North spoke of how this is about people before boundaries. These boundaries, which we will be debating more, do get in the way of conversations about natural people flows, which are crucial to ensuring that communities work in the most efficient and appropriate way. I am happy to withdraw my amendment, but I hope the Minister will reflect on the comments made in this debate and continue the conversation, not only through the devolution process but also with the Transport Secretary to ensure we get better connectivity across our transport system. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Alex Norris]

I beg to move amendment 27, in clause 19, page 16, line 2, at end insert—

“(3A) The Secretary of State must prepare and publish an annual report setting out—

(a) any differences in integrated transport authority functions conferred on CCAs,

(b) the reasons for those differences, and

(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”

This amendment would require the Secretary of State to publish an annual report explaining any differences in integrated transport authority functions conferred on CCAs.

Levelling-up and Regeneration Bill (Sixth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 28th June 2022 Public Bill Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Sir Mark. I congratulate my hon. Friend the Member for South Shields on her amendments and the powerful case she made for them. I agreed with her completely. She is absolutely right that there will be no levelling up if we have hunger in our communities. Just as a child cannot do much hungry, in our communities people will not be able to access those better opportunities that we hope for them, and that we believe levelling up will drive for them, if they are hungry. Measures in her Food Insecurity Bill would do much to tackle such issues. I hope the Minister is minded to reflect on that.

My hon. Friend’s points about the obesity strategy were well made. That is a salutary case, which tells us a little about some of the risks ahead with levelling up. A year ago, I was the shadow Minister in that area, and that strategy was the big priority of the day for the Government—“Don’t worry about us. We’re going to drive that forward and it will make all the difference”—because at the time the Prime Minister had personal investment in it. Now the Prime Minister’s personal focus is considerably elsewhere from whether the nation is overweight. As a result, a number of things have been dropped—every Sunday we find out which more have been dropped—perhaps in recognition of political considerations, rather than public health ones. That is what we risk with levelling up, if we do not get such things on the face of the Bill, instead relying on good will and trust, which today there might be plenty of, but tomorrow different people will be in our chairs and the agenda will have moved on. That is important.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to my hon. Friend for the points he is making, and to my hon. Friend the Member for South Shields. A bigger point should be made: while the second sustainable development goal is clearly for zero hunger, the first goal is for no poverty. Here we have a matrix of 17 ambitions that will, in effect, level up areas across the world. We are talking about having levelling-up missions. Given that the Government are way off target on many of the SDGs, first, is there not a risk that we might well be repeating that exercise in the levelling-up agenda and, secondly, with two sets of matrices, should they not be integrated so that the levelling-up missions can be mapped on to the SDGs?

[Alex Norris]

My hon. Friend makes an important point. If as a nation we are genuinely seeking to do both those things—as I hope the Minister will say that we are—they need to be done together. As my hon. Friend said, they should be mapped on to each other, so that the actions that we will talk about shortly drive the activity and the outputs that we all want to see.

Turning to the amendments, and reflecting on the contributions of my hon. Friends the Members for South Shields and for York Central, it is important to state that the sustainable development goals are for all of us. They are not a worthy set of indicators and actions held at a global level that apply to those around the world who have the least and need the most support; they are analogous to levelling up in the sense that they apply around the world and in every community in some way, even if that way is different. Climate, for example, is an area to which we all need to contribute in our different ways, yet all of us will benefit. Those with the most, of which we are one, might have the best means to make the strongest contribution.

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[Alex Norris]

I am grateful to colleagues for their responses. My hon. Friend the Member for York Central made a good point about focus, but she also mentioned revenue spending, which I know is something that Ministers understand. That is part of understanding that these things will be not just a priority of the day, but a priority for the years ahead, which means having them written down. I asked only for a day, but I am sure we could a little better than that. There is still a strong case for them to be there in statute for all to see.

My hon. Friend also mentioned York to Hull, and the arguments that she made are similar to arguments that I could make about Nottingham to Leicester or Coventry, but they also make me think of other broken rail promises. The midland main line electrification has been announced, unannounced and re-announced so many times, and HS2 involves broken promises. The Minister talked about these being programmes delivered from first promises in 2014, but the reality is that it feels like some of the promises are coming on Pacer trains up to the north, and they do not all get there. That is what leaves me with a slight lack of confidence.

My hon. Friend the Member for York Central talked about the laying of the jigsaw, which was an elegant way to put it. That is what we are trying to do here. It is not a series of disparate engagements, but one collective one. She also talked about Marmot, and that is why we should put things in law rather than just have reviews and advisory exercises. If we spent the time implementing Marmot that we have spent debating the outcomes—and not seemingly disagreeing very much—goodness me, we would be levelling up from a much higher platform.

My hon. Friend made a point about the environment, Dr Benwell’s evidence was so important. It is one of those little things that I wish I could just click my fingers and do for my community. I represent the outer estates of a big city which, like many cities in the midlands and the north, is surrounded by country parks and former pits, and there are so many that we cannot get to from the estate because there is no way of getting in. I wish we could just do those things. Those are the kinds of simple interventions that would really make a difference if we really committed to them, and I am sad that we have not got that in statute.

[Rachael Maskell]

Line 7 of the Bill says that a “statement of levelling-up missions” will be made. Obviously, that means that there is not anything in statute or in secondary legislation. This is something that Government are clearly pouring in a lot of energy and time into just to make a statement. Is that not a bit weak?

[Alex Norris]

That is certainly what I had in mind when I tabled the amendment. It is not enough for me. We have already said that we are not going to have any independence in the system and are not going to be able to codify the resourcing for levelling up, and we are now being asked not even to codify what levelling up really is. It is just too much to ask.

That is an important point on which to segue to what the Minister said. He said that he seeks to make me happy, and I am very glad to hear that. I can at least reassure him that I am always happy—certainly in this place. I am also optimistic and hopeful about doing better, which is why I come to this Committee with such a spring in my step. I seek to help him to do that.

The Minister said that the Government cannot accept these amendments because they have gone through the filter of my head. I think that is a little naughty, in the sense that these are the Government’s own promises—this is not freelancing on my part—but if that were the case, he could of course have tabled his own version that is closer to the original version in the White Paper. If he did that, we would accept it and move on to the next item on the agenda. He could have done that in the published Bill or through an amendment. He has not sought to do that, so I am not sure the drafting is the issue; I think it is the point of substance.

I am grateful that the Minister committed that the first edition will be faithful to the White Paper. I appreciate that and take it as it is intended. The problem, however, is that it will not be sent to us until some point later this year—I am not sure when precisely, but it will certainly be a lot colder than it is now—and the reality is that the Minister may not be sat there in that point. There may be a reshuffle. We read that online every day. The Prime Minister has got to keep his MPs in line in some way, and he is going to have to work out how all the jobs he has offered to people, which in many cases will be the same ones, will work. Once he has done that, the Ministers will change. The Minister will be very suitable for promotion to the Cabinet—I have no doubt about that—so he is asking me to take it on trust with the person who follows him when I do not know who that person will be. As I say, the culture of the Government is not strong, and as a result I cannot accept it on that basis, so I will press the amendment to a Division.

Before I finish, I am grateful for what the Minister said about the non-exec agencies and housing. I appreciate him addressing those points.

Question put, That the amendment be made.

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[Alex Norris]

I beg to move amendment 4, clause 1, page 2, line 6, at end insert—

“(4A) A statement of levelling-up missions must be accompanied by an action plan which sets out details of how Her Majesty’s Government intends to deliver these missions by the target date.”

This amendment would require the Government to publish an action plan alongside a statement of levelling-up missions which sets out how they will deliver the missions.

The amendment seeks to improve clause 1 so that the statement of missions is accompanied by a proper action plan to show how those missions will be delivered. For the three or so years that levelling up has been in our political lexicon, there have been significant struggles to define what it is. The White Paper and the Bill did not settle that matter, I would gently say. There is a breadth of ground covered by the White Paper—everyone would accept that. The numerous promises made regarding levelling up cover an enormous range of public policy. The danger in that is the energy settles and stops at that high-level, broad approach; there is political consensus on those things as priorities, but there is little detail. That is what we have at the moment.

To make sense of the Bill, we need action plans that demonstrate how the missions will be achieved. That is what amendment 4 would add to the Bill, by requiring that alongside the statement of levelling-up missions is a tabled action plan that shows how the missions will be met by the target date. The Government touch on that in the White Paper, which says:

“Levelling up requires a focused, long-term plan of action”.

Chapter 3 of the White Paper—the policy programme—is supposed to address that plan. Much of it is taken up by restatements of the case for action established elsewhere in the document, and the rest is several disparate initiatives that are supposed to contribute. There is not really a sense of how they will contribute, what proportion of the contribution they will make and by when. The common theme of many of those initiatives is that that they were already happening, or would have happened, with or without the White Paper or Bill, and that makes me question whether they will really be a meaningful part of levelling up.

We have no way of knowing whether the aggregate of what is in the White Paper adds up to a levelled-up country. That is compounded by the absence of an impact assessment for us to consider—which also really will not do. We have no idea, but we are being asked to take on trust that the breadth of the Government’s programme—none of which will be committed to law—will deliver on levelling up. I do not think that will do. I have no doubt that there is lots of proper planning and co-ordination between various Departments. There will need to be lots of engagement between central Government and different layers of government: mayors; combined authorities; county combined authorities, once we get to part 2; councils; town councils; parish councils; and neighbourhood forums. There are a lot of stakeholders to have a say.

If levelling up is not something that happens to people, but is instead a partnership between central Government and local government—between leaders and the public—then everybody needs to know what role they are expected to play and what contribution they are making to the whole. I am sure that this work must have been done internally already by Ministers with support from the Department. I cannot imagine that a simple publication of such work is likely to prove too onerous a requirement. It would add to transparency and give the Committee more confidence.

[Rachael Maskell]

I agree with my hon. Friend, because it feels that it could become a bit of a tick-box exercise otherwise. We would all be incredibly concerned if that were the case. In order to level up, surely there would need to be RAG rating of priorities; there would need to be Gant charts in order to work across the Departments to understand where those priorities fit and how they are scheduled together. Would it not make sense to have an action plan to drive the agenda, rather than putting initiatives forward and ticking boxes?

[Alex Norris]

That is exactly right. The RAG rating point is well made—it is what we would expect. There are lots of former councillors in the room, and that is what we would expect at local authority level, so it is not too much to ask central Government either. That would help us to address one of our concerns on the Opposition Benches.

I have no doubt that whatever happens between now and the next general election or the next eight years to the end of the 2030 mission, the Government will present the policy as a success—that is what Governments do. My concern is that it will be a political spinning of an expression of progress rather than a real one. But having the action plans beneath and seeing whether those individual actions have actually been delivered would make a significant difference to building confidence. Again, it would help with clarity of purpose, because it would show precisely what we are hoping to achieve.

The scope of the policy is vast—it will touch on every domestic policy area. It will be cross-departmental, but there still needs to be significant individual programmes to deliver on it. We might need to know what those individual programmes are, to give clarity on how the Government intend to achieve that.

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[Alex Norris]

I beg to move amendment 6, in clause 2, page 3, leave out subsections (4) and (5).

This amendment would remove the provision allowing the Secretary of State to discontinue a levelling-up mission.

Clause 2 brings forward the welcome obligation on Ministers to report annually, as discussed previously. Suitably frequent analysis of ongoing work is an important part of knowing that we are going in the right direction. However, subsections (4) and (5) give Ministers an unfettered ability to drop missions they no longer like. My amendment would delete that provision. Subsection (4) reads:

“If Her Majesty’s Government considers that it is no longer appropriate for it to pursue a levelling-up mission in the current statement of levelling-up missions, the report may state that Her Majesty’s Government no longer intends to pursue that mission, instead of dealing with the matters mentioned in subsection (2)”.

Subsection (2) details the nature of the reports, as the Minister said. We think that is too strong a provision for Ministers to reserve for themselves.

It is now more than two and half years since the 2019 election, and we have been on a journey of trying to work out what levelling up is. We have been on a journey in the first part of the Bill, and we are still led to believe that this is a strong and crucial part of the Government’s domestic agenda. Ministers have waxed lyrical about the importance of the missions, which the Secretary of State described as

“clear, ambitious… underpinned by metrics by which we can be held to account to drive the change that we need.”—[Official Report, 2 February 2022; Vol. 708, c. 312.]

I am not quite sure that we have seen that so far. We are led to believe that the missions are so important—important enough for an annual report—but that has failed already because the missions are now non-specific.

The vagaries have then been added to with subsections (4) and (5), which give Ministers the freedom to drop a mission with a message of discontinuation if they are failing to meet one or have not done enough. That seems too much. Ministers need to be held to account for their promises. The statements are required for a period of five years, so the missions should be taken through to the end of that period. The Secretary of State said that he wants accountability

“to drive the change that we need.”—[Official Report, 2 February 2022; Vol. 708, c. 312.]

But that feels difficult to believe if, at the first opportunity to legislate on the matter, Ministers insert subsections that allow them to move away from their commitments.

[Rachael Maskell]

I share my hon. Friend’s concern. If this was easy, we could have been levelling up the country for the past 40, 50 or 100 years, but that has not happened. I am sure that progress will be made on some of the objectives, but the difficult stuff that will really bring about the necessary transformation to address the disparities that people face could be dropped, meaning that disadvantage will be sustained. Does he agree that five years is a short time for comparison, and it should be sustained over, say, a Parliament?

[Alex Norris]

Yes, and it is reasonable to ask that these long-term commitments be sustained for that period of time.

The goal here is to ensure that promises are acted on and implemented in a timely fashion. The fear is that these subsections just give a future Government with less interest in levelling up—a Government who find themselves distracted by other matters of the day, or who prioritise other things—an easy out to junk the missions wholesale. They will say, “These need to be refined into smaller, more focused missions.” That is how it will go, and then they will slowly get broader and less meaningful and we will not have the longer-term action plans on statute and slowly they will just disappear.

Subsections (4) and (5) are a real risk to delivery. Ministers may just be too tempted when times are difficult. The journey over the eight years to deal with the missions is going to be very difficult; there will be moments when it feels very hard, even hopeless, to deliver on them. Having the temptation to withdraw may be too much. The missions are too important. We have to have a stronger check.

Secondly, there is the issue of accountability. If central Government and Parliament are entering into a partnership with our communities to level up our country, how does that partnership work if one party can just walk away without consultation, without engagement and without explanation? There would be a political bunfight. We have lots of political bunfights here, so I am not sure it would register. The whole thing would just get lost in the downward spiral of political discourse. We should not support that.

Local areas would be planning. The great thing about levelling up, the slightly longer-term vision and the commitments made in the White Paper, is that we have sent out a call to communities saying, “This is what is going to happen in future.” The Minister has mentioned research and development. The White Paper says to communities, “Prioritise this sort of work. We will seek to invest in you. Prepare the ground for that investment in your community, because we are going to do things differently and you could benefit from it.” What a great thing to say to local communities.

How will that work if the next week the Minister can suddenly say, “Actually, we don’t want to do that any more; that is not what is good for the country and we are not going to do it”? Suddenly, what they were planning on is no longer a priority. That is just another way that this is not a partnership of equals.

If we allow these easy outs in the Bill, we are once again risking not meeting the expectations of our constituents. That would be a disaster for the goals, but it would also be a disaster for trust and confidence in this place. The annual reports are such an important part of the driving progress—in my book, they are probably the most important part. Why not do them without the opt-outs? That would be a much stronger position to take.

[Neil O'Brien]

The purpose of giving the Government the ability to discontinue a mission is to allow for policy to adapt to changing circumstances, not to avoid scrutiny. If our purpose was to avoid scrutiny, we would not have written into the Bill the requirement for a statement to Parliament when they are changed. Missions are long term by definition. That is an important feature, but it does not alter the fact that the world, and with it what are good policy objectives, can change.

By allowing the Government to discontinue a mission, subject to setting out the reasons for doing so, the Bill gives necessary discretion to Governments to adjust policy priorities over time. There may be very good reasons for wanting to discontinue a mission. The Government may want to be more ambitious. For example, we are making fantastic progress on our digital mission and we want to push ourselves harder to deliver more of what is needed. We may want to respond to changing events, such as the unprecedented pandemic, to tackle the most pressing issues facing the country, rather than being forced to deliver missions that are no longer appropriate.

Subsections (4) and (5), which the amendment would delete, make that clear. They stipulate that if a Government no longer intend to pursue a levelling-up mission, they must state that intention clearly in the annual report and, crucially, provide reasons for its discontinuation. That level of transparency allows both Houses of Parliament and the public to scrutinise the decision and determine whether it was reasonable. If a Government were seen to be abandoning a mission for poor reasons, they would be held to account.

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[Alex Norris]

I agree with the hon. Member for Westmorland and Lonsdale that a pattern is emerging. The Government seemingly want to reserve a huge amount of leeway when reviewing the success, or otherwise, of the programme. At every stage there seems to be broad reserved powers for how they will explain what is and is not happening. That is a real shame and it projects a lack of confidence and, I suggest, assertion in this agenda.

[Rachael Maskell]

By turning down the opportunity for an independent body to review, the Minister is articulating that the Government do not have the know-how and resources to deliver a timely report on the levelling-up objectives. Surely those two agendas come together.

[Alex Norris]

I find it hard to believe, too. I believe in the brilliance of the British civil service. I think this could be done.

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[Alex Norris]

I beg to move amendment 11, in clause 5, page 6, line 5, leave out from “which” to end of subsection (11) and insert—

“both conditions in subsection (12) have been met.

12. The conditions are that—

(a) the House of Commons, and

(b) the House of Lords

has passed a Motion of the form in subsection (13).

13. The form of the Motion is—

That this House approves the revisions to the statement of levelling-up missions made under section 5 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”

This amendment would require both Houses of Parliament to approve revisions to the statement of levelling-up missions to be approved by both Houses of Parliament before they have effect.

In the light of the significant autonomy that the Government have carved out for themselves in the Bill—on which we have so far been unable to move them at all—the amendment would rebalance a little the relationship between the Executive and Parliament. The journey of the Bill so far has been a bit displeasing.

Clause 1 establishes five non-explicit year-long missions, and as we were unable to move the Government on that matter, we will have to trust them that those are the same missions as in the White Paper. Clause 2 establishes the annual reports, but there is no acceptance of the need for independence in establishing the real picture behind—if I may say so—the fluff. That is a real shame. Clause 3 establishes that those reports will land roughly four months into the annual cycle, which is far too late. That measure is designed for ministerial convenience rather than effective decision making or leadership. Clause 4 gives Ministers the scope to change virtually everything about the missions and to move the goalposts should it suit them.

We have now reached clause 5, which obliges Ministers to review the missions in a five-year cycle at their instigation and, again, change the missions should it suit them. If clause 1 had included the missions, and if clause 5 were a counterpart to it—perhaps as clause 2—that would have addressed the Minister’s concerns about changes in circumstances over time, and it would have addressed a lot of the Opposition’s concerns about the Government’s commitment to the missions and whether they will just move things at their convenience. If the annual reporting had then been in clause 3, we probably would have had something with which we could all agree.

Instead, levelling up has been left as purely the function of the Executive. They can add, subtract or do whatever they please, when they please. If they do not hit a target, that is fine; they can change the target. If the date is not convenient for a target, they can ignore it or change it. If progress is not being made, “Well, we don’t really need to tell anybody.” As the hon. Member for Westmorland and Lonsdale says, these are not the actions of a Government who are really confident of this agenda and have such a grasp of it that we can sit here and say that they will deliver on it. I am quite sceptical about, given what we have seen so far.

There are welcome provisions in the Bill about statements being tabled, but there will be no votes on that. If the Government want to make a significant policy change, we will not have the opportunity to represent our constituents and make their voices heard, so that they can play their role as partners in levelling up and express their opinions on the direction of policy. I find it really hard that such a significant national project, which is seeking to fundamentally change the governance of this country, as stated in the White Paper and outlined in the Bill, does not include a space for debate and vote. I think that is the least that we should be able to ask for.

Amendment 11 is quite simple. It would require the statement of missions under the clause 5 powers to be approved by both Houses of Parliament before they take effect. That is a pretty modest fetter. The Government of the day, I suspect, will want to reset these missions in line with what they have said in an election. They will presumably be able to get their business through Parliament, and I would think that those in the other place would not be keen to hold up things that were settled in an election, so that is likely to be relatively easy. Instead, we have too much of a gap there.

It is important that we act now to embed Parliament in the processes set out in the Bill. If this is about decentralisation—I expect that is what we will see in part 2—then it cannot have, right at the outset, the Executive at the centre, hoarding yet more power, with such a command and say over policy areas. In fact, the effect of the first five clauses is to detach those areas away from Parliament and give them to the Executive, for them to horde for themselves. When the Government make significant policy decisions, whether on Trident, tax changes or the uprating of benefits and pensions, they have to come to this place, either downstairs or upstairs. Our constituents then get to hear what we say about those changes and our views on them before we then come to a vote. Why not on levelling up too?

That means proper debate as well. Currently, statements are to be tabled. I would be keen to hear from the Minister that those will not be written ministerial statements but oral statements with the chance for debate and discussion, because, again, that is a fundamental function of this place. This issue has so much importance to all right hon. and hon. Members, because it is vital to all of us. As we have said before, this is not an issue of north versus south, or London versus the rest of the country. I have no doubt that every constituency will have an element somewhere that will be covered by the levelling up missions that we want to see. All of us will want to have a say on that and, more importantly, to give our communities their say on it. Any revisions could drastically change policy and have far-reaching implications, and we would not quite be able to do what we are here to do.

As I say, we have tried to move the Government on greater independence and transparency, clarity of resources and perhaps constraining Ministers just a little on what they can change at the stroke of a pen. We have not moved them there, and this is a final backstop on that through a parliamentary vote. I hope that the Minister, having heard the basis of the amendment and how keen we are for it, might be minded to support it.

[Rachael Maskell]

I wish to make a couple of quick points at this juncture. The amendment goes to the heart of whether this is an autocratic or democratic Government. Enabling Parliament to bring forward a motion to debate and discuss, and giving it the opportunity to reform and bring forward new missions, is surely at the heart of what the Bill is all about. That is particularly the case because the impact is not just on Government Departments, but on all of the agencies across our country and our communities themselves. Therefore, being able to scrutinise that process, and to have a debatable motion in Parliament, is really important to ensure that we get it right.

My second point is a bit of learning from me on what is behind the White Paper. My understanding is that if we are to address inequality in our country—which we absolutely must—and the disparities experienced across our communities, which frustrates us all, then we have to look long term at how we achieve that. What the Minister has said clearly today is that the process is more about ticking boxes on a few manifesto pledges than actually getting to the heart of the issues that have been driving inequality across our communities for decades. Thus, this is not really a levelling-up Bill; it is a manifesto-check Bill. It does not really address those entrenched inequalities that I am sure Members across the House want to see addressed. I do not believe that can be achieved unless it is the goal at the heart of the Bill. The Bill, as it stands, is about short-termism, rather than the sustained investment we require.

I therefore urge the Minister to accept the amendment, not least because—going back to what Dr Benwell said—there is a very important omission in the legislation about our natural environment. Climate change is the biggest driver of global inequality, as well as a massive factor in national inequality, and the biggest challenge facing us all—something that one day the Treasury will have to address. It is essential that we enable Parliament to have a say over the direction of the levelling-up missions.

Levelling-up and Regeneration Bill (Fifth sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 28th June 2022 Public Bill Committees

[Rachael Maskell]

Will the Minister give way?

[Alex Norris]

Will the Minister give way one more time?

--- Later in debate ---

[Alex Norris]

Exactly, so I am very much enjoying it at the moment because we can fight these battles outside the rarefied atmosphere of the Chamber. However, one consequence of my liking these Committees is that I have frequently volunteered to take Bills on—something is not quite right with me, probably. The one thing I have learned from them, which is particularly interesting for a Bill with 200 clauses, is that a person can tell from the first amendment to the first clause how the rest of the discussions are going to go and how minded to take on change the Government are going to be. With that in mind, I am disappointed to hear that the Minister is not minded to accept the amendments.

Our discussion has been good. My hon. Friend the Member for York Central made excellent points about the impact of the Climate Change Committee and COP26. The points about arm’s length bodies and the broader partnership involved in levelling up are important. This legislation is not just about holding the Government to account, but holding to account all parties involved in levelling up, including all of us in this room, in whatever guise—be it as Members of Parliament, as volunteers in our communities, or in local government, as a number of us have been. We all have different stakes in and must hold each other to account on what is a shared endeavour rather than an endeavour of the Government of the day.

[Rachael Maskell]

My hon. Friend is making an excellent point. This is not just about Government, but about the whole of our society, across party lines, including mayoralties and local government. Does it not make sense therefore to have a framework that all partners can buy into and have confidence in when scrutinising their functions?

[Alex Norris]

That is very much the spirit in which I tabled the amendment, which is the first Opposition amendment to the Bill. That might be construed as the Opposition wanting to make life hard for the Government or wanting a stick with which to beat them, but far from it. The amendment would ensure that partners all have a mutual responsibility to each other, and that is partly about holding each other to account and having difficult and supportive conversations about why we have not been able to do things that we have sought to do.

The Minister made a point about unconscious bias being woven out with independence, and that is important. The listed regulators—Ofsted, Ofgem, Ofcom and so on—are good comparisons for this space. We have offered the Government a kind of menu of comparisons, and I am surprised that none of them is seen as the right one. My hon. Friend the Member for York Central finished her remarks by addressing the particularly pertinent point about inequalities. It is hard to understand why those inequalities are not considered to have same level of importance as the other agendas. That is disappointing.

The hon. Member for Westmorland and Lonsdale made an interesting point, which I hope will come up later in the debate. Part 1 of the Bill is a bit unusual. We have not yet had the clause 1 stand part debate, but I am not sure why those provisions have to be in the Bill. Usually, Ministers argue that things do not need to be in the Bill and the Opposition argue that they do. I will not argue against them, but it is unusual that the Government should have chosen to include the provisions.

I dare say that what is involved is the trick of planting a stake in the ground and saying, “We are going to deliver on these important things.” However, when we consider the point made by the hon. Member for North Ayrshire and Arran, we see that there is an asterisk against this part of the Bill: the Government still want the flexibility to mark their own homework and change it if they want. Those two things are a little oddly juxtaposed. The Government want to put their head above the parapet and make the legislation central to what they want to do. That is quite a brave and risky thing to do, so I am surprised that they are not able to go a tiny bit further.

The Minister mentioned the Levelling Up Advisory Council and the esteemed people on it. We are lucky that they have chosen to take part in public life in that way, and we are grateful to them. I completely agree with all that has been said about their independent-mindedness and capability to speak for themselves, but I say gently to the Minister—this is not a point against him personally, but against the Government—that it is not those people who we do not trust. Of course we trust their independence, but how on earth can we know what they are saying and what their views are? That is the problem.

As we have seen before with various such advisory bodies, in reality the Government will sit on the difficult things and trumpet the good things. Perhaps there is an element of human nature in that—there is huge element of sadness in it—but that is what will happen. If the Government are really committed to delivering on this matter, why not go that little bit further?

I accept the point about the technical annex and, as the Minister put it, the unprecedented detail. This is a saddening thought in many ways, but I would probably go so far as to say that if I thought he was going to remain in his Department until 2030, a lot of my anxieties would disappear—although, I would have anxieties about how we had managed to lose another two elections. Putting that to one side, because I do not think it is likely to happen, I have no doubt about the Minister’s personal commitment to the agenda, his personal probity, and his willingness to have difficult conversations and to explain on the record where things have not gone as they ought to. However, I would argue strongly that that is not a characteristic that applies across Government—I do not think anybody could say that is really a feature of this Government. He says that I could go through and update each technical annex every year—I am surprised that I should have to do that on the Government’s behalf. The problem is that what we will see overtime is the booklet getting thinner, because the difficult ones will drop out or they will be replaced by another one—that is what we normally see. The Government will say, “We have got advanced metrics now that better understand the nature of life in the UK.”

--- Later in debate ---

[Alex Norris]

The Minister knows that is unkind. I am not going to stand here and pick at one. We could go down the entire list of 157 local authorities, virtually all of which are significantly worse off, by tens of millions of pounds; I am not going to turn around and say that one of their projects should not happen. Please—of course I am not going to say that. The Minister says that the Public Accounts Committee picked up on the levelling-up fund, but that is not true: it has reported on the towns fund, too. This is a long-running issue and there are more than three years-worth of reports.

[Rachael Maskell]

It is not just about money that is coming from the centre into individual projects. The Government need to take note of the point that it is surely about enabling and empowering local authorities and bodies to make their own determinations about where the money is best prioritised. Whether it is from the shared prosperity fund, the levelling-up fund or the future high streets fund, a local authority might be in the best position to determine how the pot is spent in its local economy to drive up and level up, as opposed to the Government making a central determination about the governance of that funding.

Levelling-up and Regeneration Bill (Second sitting)

Debate between Rachael Maskell and Alex Norris

Committee stage
Tuesday 21st June 2022 Public Bill Committees

[Alex Norris]

Q I have one more brief question, if I may—a final point on compulsory purchase orders, to ensure that I understood what was said in the previous answer. Notwithstanding issues of cost and capacity, which link to what Joanne just said, given what is on the face of the Bill on CPO, would you like to see anything further in the Bill, or do you think anything needs to be added or subtracted? Eamonn, you mentioned permitted development. That question is to any or all of the panellists.

Eamonn Boylan: The measures contained in the Bill in respect of CPO are eminently sensible and supportable. There will always be issues—this goes back to Joanne’s point about certainty of funding—with the availability of funding and the ability to manage what is still a complex legal framework, but the reforms set out in the Bill are an essential prerequisite for making CPO more applicable and useful in delivering place-based regeneration.

[Rachael Maskell (York Central) (Lab/Co-op)]

Q To start, I have a question for Ms Roney. There are proposals to move from section 106 funding to a new infrastructure funding model. How will that be helpful in releasing funding to generate affordable and social housing? Where do you see the risks in that funding proposal?

Joanne Roney: We have gone around the loop on a number of these different measures for a considerable time. If the outcome is to deliver more affordable housing, I think the challenge is still the variances between different parts of the country and the ability to deliver affordable housing because of the value of the land and the cost of build. So I am not sure that that will necessarily fix it, but then I am not sure that section 106 fixed it either. I think we should be having a different conversation—about how we provide affordable housing in different areas.

I will call on my colleague Eamonn to help me here, because one of the successes of the combined authority has been the revolving housing investment fund that we have used and the different models we have created to try to get better value out of all our developments and translate that into affordable housing numbers. We have had a range of success, but some of that has come from the ability to use flexible funding that we already have to support some schemes.

Overall, I think we would support the proposal in the Bill, but we need to do more to look at affordable housing provision in different parts of the country, and different innovative and flexible ways to drive value in order to provide truly affordable homes.

Eamonn Boylan: I echo Joanne’s comments, but I will just make the point—I know a number of Committee members will be well aware of this—that section 106 is far less potent in northern parts of the country than in others because of the issues around viability, particularly where we are dealing with brownfield land. Most of my brownfield land has the periodic table underneath it, and therefore the costs of remediation are significant.

We really welcome the Government’s initiative on the brownfield land fund, which has really helped us to unlock development, but section 106 or a replacement levy will not provide us in the north with sufficient resource to deal with the challenge of affordable housing. We need to go beyond that. That is part of the devolution ask that we will be making around how we might work more effectively with Homes England in delivering programmes—particularly on affordable housing, and particularly on affordable low-carbon or zero-carbon housing, which is a very significant challenge.

Laura Shoaf: I mentioned earlier that one of the things we wanted to do in a trailblazer devolution deal was to look at how we can use the housing and brownfield funding that we have more flexibly, to address some of the wider regeneration challenges but also to help us to increase levels of affordable housing. The brownfield funding, as Eamonn said, has demonstrably made a difference in our ability to assemble sites, to remediate sites, to bridge the viability gap and then, ultimately, to do what we all want to do, which is to deliver more housing, affordable included.

Public Health

Debate between Rachael Maskell and Alex Norris

Tuesday 30th November 2021 Commons Chamber

[Alex Norris]

The hon. Gentleman’s question makes me think he has some plans to book; if he is trying to book a weekend away, he should not let me set those dates for him.

Turning to the regulations, and starting with the Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021 (S.I., 2021, No. 1340), it is right to reintroduce masks on public transport, in shops and other settings including banks, hairdressers and post offices for those who are not exempt. This measure should never have been abandoned. While mask wearing in public spaces forms part of the Government’s plan B, it was always part of the Opposition’s plan A rather than an emergency measure, as was encouraging working from home where possible.

[Rachael Maskell]

I am slightly confused by these measures, because the risks are the same in any indoor setting; whether on public transport, in a shop or in some other indoor space, the risks still exist. Can my hon. Friend tease out why there is an inconsistency in these regulations?

[Alex Norris]

My hon. Friend makes a good point that I will cover shortly. Of course the measure should apply to public transport and shops—and also to the House of Commons Chamber, but I will get to that shortly.