English Devolution and Community Empowerment Bill (Twelfth sitting) Debate
Full Debate: Read Full DebateSiân Berry
Main Page: Siân Berry (Green Party - Brighton Pavilion)Department Debates - View all Siân Berry's debates with the Ministry of Housing, Communities and Local Government
(2 days, 8 hours ago)
Public Bill Committees
Manuela Perteghella
It is a pleasure to serve under your chairship, Dame Siobhain. The new clause would place a legal duty on mayors of combined authorities and combined county authorities to be transparent about how public money is spent. It is a simple but powerful measure designed to build public trust in the devolved government that the Bill creates. The mayor would have a legal duty to ensure that their financial information is not just published, but accessible, clear and understandable to the public. The new clause would also require mayors to publish a policy explaining how their authority will engage with local communities on spending priorities and major financial decisions, and to review the policy regularly. That engagement could include citizens budget forums, public consultations, participatory budgeting sessions or even budget roadshows travelling around the authority area.
Lack of transparency in local finance can erode public trust and allow serious problems to build up unnoticed. In recent years, several councils and combined authorities have faced financial distress or even bankruptcy. Across the country, there is a sense that combined authorities are powerful but distant. They make big spending decisions, yet few people understand how the decisions are made. Transparency is the foundation of public confidence in local leadership. The new clause also aligns with the wider principle of good public finance management by supporting the work of all the committees and local auditors who depend on accessible financial information, while enforcing public sector accountability and ensuring that mayors and chief executives know that they must communicate clearly.
Some may argue that the new clause would place another duty on already busy mayors and combined authorities, but this is not about extra bureaucracy; it is about basic democratic accountability. Frankly, if a mayor’s office can manage hundreds of millions of pounds in its budgets, it can surely manage to explain where the money goes. Devolution should bring power closer to the people, and that must include the power to see, question and understand how public money is being used.
Siân Berry (Brighton Pavilion) (Green)
It is a pleasure to have you back in the Chair, Dame Siobhain. I will speak to my new clause 15, which proposes an independent review of the adequacy of scrutiny and accountability arrangements within six months of commencement. We have had plenty of debate in Committee about scrutiny and accountability of new strategic authorities and the larger new unitary authorities, but new clause 15 is solely about the mayoral combined authorities.
Given the scale of the powers on offer, the Bill is relatively light on scrutiny and consultation requirements. There are duties carried over from existing legislation relating to strategic authorities taking on the functions of, for example, fire and rescue authorities, and to the appointment of commissioners to whom strategic mayors would delegate functions, but quite honestly, only one new measure in the Bill adds to scrutiny over the carried over measures. That is clause 9 and schedule 3, about the termination of the commissioner role and a role for the overview and scrutiny committee to recommend dismissal. In the rest of the Bill, the underpinning of the scrutiny arrangements for these powerful new combined authorities will be derived from local councils, as established by the Local Government Act 2000, but I am yet to be convinced that such an underpinning will provide enough scrutiny and challenge of these powerful new bodies.
I want to drill down into the perceived lack of scrutiny of the new combined authorities. The hon. Lady just said that they would essentially follow the current arrangements in local authorities. Is she saying that she is unhappy with the existing level of scrutiny in local authorities, or does she just want the added safety her new clause offers?
Siân Berry
I will cover some of those issues, but yes, I am not completely happy with how many local councils work. Some carry out the bare minimum. I think we need more minimum guarantees built into this new process, and the Bill is the right place to introduce them.
As I said, the current model is basically an expanded local authority model, based on the idea, I think, that a combined authority is a collection of local authorities so the underlying scrutiny arrangements are sufficient. However, that has already been stretched by the more powerful mayors, and it will be stretched further when the new authorities are set up.
The new powers in particular need more scrutiny. For example, public bodies in every area will need to have regard to the growth plan. Growth plan objectives will be decided by the central authority, but how will they be developed and scrutinised? A strategic authority will be the local transport authority for its region, so it will gain a key route network of roads and can instruct the traffic authorities in its area on the management of the network. These are additional powers, so there is a role for additional scrutiny. Local plans and planning decisions will need to conform to the strategic authority’s plan—that is set out in the Planning and Infrastructure Bill—but how the powers are used deserves scrutiny, challenge, questions and accountability. These authorities are also taking on land assembly and housing powers. They can make mayoral development orders, and set up many huge budgets within mayoral development corporations. I do not think the local authority scrutiny model can cover the questions that might need to be asked in those circumstances.
There is a process for giving the new strategic authorities even greater powers in the future, but there is no associated process in the Bill for reviewing the scrutiny arrangements as those powers increase. New clause 15 would require a review of the scrutiny arrangements to match the new powers given to strategic authorities, which they may request as the Government devolve further. A safety net for scrutiny is needed somewhere in the Bill. I am aiming to fix a genuine problem.
Many existing strategic authorities have struggled to establish a truly collaborative approach between the local authorities and the members of the committees that exist to scrutinise those authorities. Quite often, the members feel that they should represent their own local authority and do not necessarily take a collective approach to scrutiny in the committee. I believe that problem will increase, particularly where we establish authorities that may lack a strong collective identity like that Greater London or Greater Manchester, where people automatically feel that they will be standing up for that area. In these new invented areas, we need legislation to ensure that scrutiny will reflect a common identity and collective approach.
This issue is a reflection of quite a lot of existing problems with scrutiny in councils. I will cite some of the conclusions in the Housing, Communities and Local Government Committee’s 2017 report. It looked at the effectiveness of local authority scrutiny committees and concluded that scrutiny was marginalised in too many authorities, which could contribute to service failures. The Committee also found evidence that scrutiny committee chairs often did not challenge their leaders, picking instead safe, less controversial topics, and that the fact that the committee chairs are appointed meant that they were more likely to keep quiet and use their role as a way to prepare for a future cabinet position. In the local authority model, the leaders can choose their cabinet, and we have already discussed many times in this Committee how the new mayors will be able to choose their commissioners. I am sure that Members can see how the same dynamic might occur.
Miatta Fahnbulleh
I acknowledge the intent behind new clauses 3 and 15. We all agree that transparency, accountability and greater scrutiny are needed, and that there is room for improvement in our system.
On the specifics of new clause 3, all local authorities must publish annual accounts along with an annual governance statement. The local government transparency code 2015 requires local authorities and combined authorities to publish regularly on their websites information about spending and assets, including, as a minimum, all spending over £500, which must be published quarterly, and all land and building assets held.
All mayoral strategic authorities are expected to follow the principles and processes described in the English devolution accountability framework. That sets out how mayors will be held to account by central Government, at local level, and by the public. As part of the local assurance framework, mayoral strategic authorities must describe their arrangements for enabling effective and meaningful engagement with local partners and the public. My argument is that we have the legislative framework, and that this is now a question of practice.
Everyone wants information about public spending and Government accounts to be as accessible as possible. It is as much a problem for central Government as it is for local government and lots of bodies and institutions. I would argue it is a question of practice and of improving the way we do things. Through digital technology and the ability to use different methods, we can make this information far more accessible. I do not think we need further legislation. We need to improve our practice and innovate and modernise so the public can better hold all of us to account. That is an endeavour across all levels of government and all public institutions, so the new clauses duplicate existing arrangements and do not really get to the heart of the issue that we all recognise we need to resolve.
I absolutely agree with the intent behind new clause 15. We have stated on the record that we understand the need to strengthen the accountability and the scrutiny mechanism for strategic authorities. We said this in the English devolution White Paper, my colleague said it in the House, and we are committed to that. I assure the Cttee we will consider how to strengthen the scrutiny of strategic authorities, because I completely agree that as they acquire more powers, it is right we have accountability and scrutiny frameworks that are robust and fit for purpose, to ensure they are held to account for how they use the powers we confer on them.
The challenge I have with the new clause from the hon. Member for Brighton Pavilion is that the independent panel she is recommending would mean we have to wait over a year after Royal Assent to respond to this critical issue, because we would not want to pre-empt the recommendations of the panel. In some respects, the very thing that the hon. Lady is trying to force us to do may well end up slowing our ability to do.
Siân Berry
Is the Minister honestly saying that if there was a call from Parliament to review scrutiny within one year of Royal Assent, she would not be telling us that was too soon? The reason one year is written into the new clause is that is a very reasonable deadline.
Miatta Fahnbulleh
We acknowledge this is an area we want to strengthen. As I said in the last debate, we are working to make sure that we are taking in view the scrutiny models that we apply, including local public accounts committees and the models proposed by think-tanks and other organisations, in the context of the big reforms to the local audit and assurance framework we are driving through. I ask the Committee to give us time to do the work properly, so that we design something that is fit for purpose and aligned with the big reforms we are driving through. There is no resiling from the belief that we need to strengthen the arrangements. I put that on record and am happy to give those reassurances. Let us get on with the work of figuring out how we do that in the best possible way, by engaging with strategic authorities and critical stakeholders, rather than put in the Bill a requirement that may, in fact, slow the pace at which we are able to develop proposals. On that basis, I ask the hon. Member for Stratford-on-Avon to withdraw her new clause.
Manuela Perteghella
I beg to move, That the clause be read a Second time.
New clause 6 would allow the Secretary of State, given parliamentary approval, to introduce a proportional representation vote system in elections of local authority councillors, not just mayors and police and crime commissioners. Under first past the post, as the Committee will know all too well, local people are left feeling that it makes no difference who they vote for in local elections. We mentioned this earlier with mayors, but councillors too can be elected on a minority of the overall voting public. We should be able to feel that going to the polling station and casting a vote matters, and that we get to contribute to who makes key decisions about the management of our families’ social care, our children’s schools or keeping our streets clean. That is what the majority of people really care about. We have already discussed how first past the post does not allow for that, and was disastrous when introduced for mayoral elections.
Those of us who have been councillors know that too many local people have been left feeling frustrated and not properly represented by the people elected in their areas. As the Government want to see a fairer voting system for mayors and police and crime commissioners, why not go a step further and introduce a proportional representation voting system for all councillors? I look forward to hearing the Minister’s thoughts on that. If elected councillors are supposed to be elected representatives, we must make it so that they are elected in a representative way. I hope that the Minister can accept the new clause, because I cannot see why we are treating mayors and police and crime commissioners in one way, while forgetting local councillors in changes to the electoral system. If she cannot, we will press it to a vote.
Siân Berry
I very much support the new clause, and put my name to it to demonstrate that. I want to say a few words about why the new clause is so appropriate for the Bill. It would allow the Secretary of State by regulations to introduce proportional representation voting for local authority councillors. Importantly, the regulations would be subject to the affirmative procedure, so that Parliament would get its say.
This measure has precedent. As we will all recall, the electoral system for mayors was changed from the supplementary vote to first past the post via an amendment tabled by the then Government during Committee stage of the Elections Act 2022—it was not part of the Bill on Second Reading, and there was no wider consultation. There is obviously no recent precedent for changing the local government system for England, but the Scottish Government—at the time a Labour Government in coalition with the Liberal Democrats—changed the local elections to the single transferable vote through the Local Governance (Scotland) Act 2004. The Welsh Government, at the time a Labour minority Government, legislated to give councils the option of switching to the single transferable vote in the Local Government and Elections (Wales) Act 2021.
Under the new clause, the Secretary of State might decide to go for different degrees of change, after talking to people about what might be more appropriate. The alternative vote and the supplementary vote are very similar; they are both preferential systems that are very suited to single member positions. I think that that is why the Government have chosen to return to the supplementary vote for mayors. I would argue that the alternative vote is better, gives voters more choices and guarantees a majority through a process of consensus, but that is one of the options. My favourite is the single transferable vote—I am waiting for the interventions—because it is a bigger change.
However, for local government, because the single transferable vote is so suitable for multi-member constituencies, and because it is so simple for voters—people just choose their favourites, and the voting system works out the right consensus and the members who have the broadest support—it is an excellent system and ought to be considered. It may be very suitable for the larger unitaries, where more members per ward could be put together to make it work in a proportional fashion. However, the new clause would not mandate any of that; it would be for the Secretary of State to decide.
In January, in a debate in the House on proportional representation for general elections, I said this about the Bill:
“We have an opportunity, presented by imminent local government reorganisation—the creation of combined authorities and potentially very large councils—to shift to a more proportional system, potentially using multi-member wards and the single transferable vote. That is the system used in Northern Ireland and in the Republic of Ireland. It is incredibly simple for voters to cast their preferences. The election counts are extremely exciting…It delivers candidates based on consensus, not division…it delivers for many people”.
The real benefit—this has obvious benefits for Northern Ireland—is that it delivers
“not only hardworking representatives in the administration but people whose job it is to listen and represent them from opposition parties.”
For larger councils, that could really help, as I said in that debate, with
“the potential remoteness of the uber councils that are being talked about.”—[Official Report, 30 January 2025; Vol. 761, c. 469-470.]
If there are multi-member wards, ward councillors whose roles in the combined authorities pull them out of local areas could leave local responsibilities to their colleagues. Having a range of people represented at the local ward level would be so beneficial and I believe that needs looking at. We need to urgently consider that change for local government.
The Liberal Democrats and Greens want to bring in a vast array of different voting systems, in different stages of elections, but residents locally expect to have one vote, one system, to elect three, two or one councillors in a ward—one member, two member, three member ward—in a constituency in a small geographical region, so that they know the people they are electing. Those councillors across the whole of the country, Liberal, Green, Labour, Conservative, are local champions. They have a very small and bespoke role among their electorate.
The hon. Member for Mid Dorset and North Poole asked why people keep electing Liberals in Eastleigh, and I will be honest with her. In the 2021 local elections, the Liberal Democrats secured 42% of the vote in my Eastleigh borough, and the Conservatives polled 36%. We won one ward in my council, and the Liberal Democrats won 36. The hon. Lady might think I am a bit nuts, but I think that system is right. Everyone knows who they are voting for in their ward, and there are two or three candidates per party. They are electing a councillor who will then make an administration with a leader and a cabinet. My party went without, and I think it is unfair most of the time, but that is the system I back because it is the easiest, clearest and most accountable to the people who we serve.
I will make one last point and then I will let the hon. Member for Mid Dorset and North Poole intervene, if she wishes. I promise I am not being facetious, but I am having genuine difficulty understanding the speech made by the hon. Member for Brighton Pavilion. It may be my naivety; if she wants to explain it, I am perfectly accepting of that. In previous debates in this Committee, the hon. Lady said that the larger councils proposed by the Government would often mean that the link between a ward councillor and their constituents or ward would be diminished, because of the larger geographical area. If I am not wrong, in her speech on this new clause, she essentially said that would not be the case, as there would now be a diminishing of the link between that geography and the councillor under this voting system. I am not sure whether the two are mutually exclusive.
Siân Berry
There is confusion because I have argued that larger councils could lead to greater remoteness, certainly because the town hall may be many miles away. However, people will still be electing ward councillors, and my argument is simply that, should a person’s local ward councillors be part of the administration, they may see them very rarely. In those circumstances, it might be beneficial to have a range of local councillors from different parties, potentially with an increased number per ward, so that they represent more different points of view and can listen to constituents in different ways.
The hon. Lady explains perfectly; I disagree with her. We absolutely agree on the geographical link for super-councils—I have already said that I do not believe that the Government have a democratic mandate for those. However, the answer to larger councils is not changing to a voting system where we create more councillors, or saying, “Because we want to move to a different system, we will go from a three-member ward to a six-member ward with multiple parties.” I think that actually complicates the situation for many constituents and residents.
Siân Berry
May I add that this is a really interesting debate and one that we should continue to have under my new clause? To answer the hon. Gentleman’s question, Conservative Members have argued repeatedly that there will be a loss of representation from the abolition of the lower-tier councils. Does he not agree that this a way to mitigate that?
No, I do not; we should keep the current system in place. I believe that, even though we are essentially going from three to two tiers, we are not actually going to one tier in this country, because mayors are being created as well. There is a direct link between the mayor and the local people, and there is a direct link between these new councils and local people. Again, I do not think the answer to simplifying the electoral system and making representation easier is to create more councillors from different parties in a ward. That is expensive and lacks democratic legitimacy, and I think the current system is perfectly acceptable. We are always going to be on the losing side on this one. Smaller parties often want to change the system to ensure that their parties have more victories and more legitimacy in democratic chambers. The Conservative party has a long and proud history of opposing proportional representation.
I remind the Liberal Democrats that they have tried and tested a change in the electoral system, and when they went to the country seeking it, they lost. Therefore, people have been asked whether they want to change the voting system in a national election. I think that the hon. Member for Mid Dorset and North Poole would find that if there were referendums—we know that the Government are against referendums in the Bill—many people across this country would choose not to change the voting system in local government too. The current local government electoral system works, and it suits its purpose. People know who their councillors are; they are linked to them and know that they often represent an area that they deeply care for and are passionate about—even Liberal Democrat ones in Eastleigh. We oppose the new clause, and will vote against it if it is pressed to a vote.
Siân Berry
I beg to move, That the clause be read a Second time.
It is a pleasure to move the new clause in the name of the right hon. Member for Islington North (Jeremy Corbyn), who is a well-known enthusiast for allotments. I am a keen gardener in a space similar to an allotment, and my colleague Baroness Jones of Moulsecoomb in the House of Lords is also a huge enthusiast. I hope that this issue and this kind of provision will continue to be discussed in the other place, whatever happens in the Commons. The Bill quite rightly puts health and wellbeing at the heart of a lot of the strategic functions of the new authorities. Sadly, however, it neglects the role that access to allotments and green spaces can play in boosting public health. The new clause would rectify that with some specific proposals for allotments.
Across England, demand for allotments is huge. People have really embraced the health and social benefits that they can provide. There is much more awareness of the environmental benefits that they can deliver, supporting pollinators much better than other kinds of managed land. They can be part of green corridors, linking together nature-rich spaces. The demand has led to long waiting lists, while allotments are being taken away. In 1950, there were 1.5 million allotment plots, but we have only around 250,000 today. The biggest losses have been in urban areas, where people need them the most. There are now 108,000 people on waiting lists. For example, in Portsmouth, one in every 25 adults is waiting. That is one person on every bus sitting waiting for an allotment.
At the moment we do not have many legal tools for councils to fix that. There are no reporting requirements on councils and there are no waiting time limits for councils to drive forward ambition on providing allotments, but the Bill provides an opportunity to fix that.
The new clause would create a duty to increase allotment provision and boost public health, to report on allotment and nature-rich provision in areas, and to fund community organisers to widen public access to those resources. It would also require action if allotment provision falls below a certain threshold. The new clause takes inspiration from Scotland—we have not just invented it for England here. Under the Community Empowerment (Scotland) Act 2015, the Scottish Government have mandated a 50% or less waiting-list-to-allotment ratio, a maximum wait of five years or less, as well as annual reports. That has not been an insupportable burden on local authorities there; indeed, they have taken it up with some enthusiasm. It would be brilliant to have that in England. It would provide legal direction, but also practical levers for councils and real imperatives for them to act.
Sam Carling (North West Cambridgeshire) (Lab)
When I was a council cabinet member, I had responsibility for allotments. We are talking about strategic authorities, and the hon. Lady is talking about powers for them. I can see a duty in the new clause; I cannot see how it would help councillors who have responsibility for allotments to improve the situation, and I fear that having a combined authority stick its nose in could create extra bureaucracy and undermine the hon. Lady’s aims.
Siân Berry
Putting this duty on to individual smaller councils might be burdensome, but at a strategic authority level, collecting this information would seem to be really positive. As we have been discussing throughout the Committee, on many issues—land use, planning and support for community right to buy—there are levers for them to act. At a strategic authority level, it would be great to have some co-ordination—people from different councils getting together to find out how each of them is acting on this issue.
Let us not forget our aim here. We are talking about putting this issue within the health duty somewhat, and we know that time spent on allotments and other green spaces will reduce cardiovascular risk, improve mental health and lower people’s stress. We know that in areas where green space provision is better, men live three years longer and women nearly two years. We need to extend those benefits to the 20 million people who currently lack access to green space within a 15-minute walk, and allotments are some of the healthiest and most rewarding green spaces we can provide. The new clause is a path to more nature, more access to that nature, and improved public health.
Manuela Perteghella
Allotments are also about producing our own food, and developing skills in doing so, which is important. They are also social spaces, so they are good for social cohesion. Because of all those benefits, does the hon. Lady agree that at a strategic level, when there is a land use framework and planning, authorities can put in place spaces for allotments?
Siân Berry
Those are all excellent points that I could have made. Allotments cross many different policy areas and areas of benefit. My experience of allotments and community food growing projects of this kind is that they are social, but they are also multicultural—they are about sharing people’s experiences.
Vikki Slade
Allotments also offer an opportunity for intergenerational activity. I wonder whether the hon. Member for Broxbourne would like to spend some time at an allotment, because it does not look like something he would like to do.
Siân Berry
That is a great point—allotments are intergenerational space. They do have an effect on health for no reason; they are beneficial and great. They are a tradition in this country that we are losing. Let us get this action put into the duties on authorities. I urge the Minister to look favourably on how this extension to the proposed health function could be constructively included in what happens in the new strategic authorities.
Miatta Fahnbulleh
We understand the intention behind this provision on allotments, and we are big fans of allotments and nature-rich spaces. However, I would point out that a duty to provide allotments already exists and sits with local authorities, which is the appropriate level. In addition, the provision of nature-rich spaces is already being tackled through multiple Government initiatives, whether that is the access to nature programme or the Natural Environment and Rural Communities Act 2006, which places a duty on all public authorities operating in England to consider, from time to time, what action they can take to further the conservation and enhancement of biodiversity.
We recognise the need for green spaces and allotments for communities. We think that there is already sufficient provision in legislation, so the new clause is unnecessary. Actually, putting the duty at the strategic authority level is not appropriate; it should be at the local authority level. For that reason, I ask the hon. Member for Brighton Pavilion to withdraw the motion.
Siân Berry
I take those points constructively, as they were intended. I hope that this issue can be looked at during future stages in a cross-party manner, so that we can put something together. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 16
Duty to contribute to delivery of nature, clean air and climate targets
“(1) When exercising their functions, a strategic authority, mayor, or local authority must contribute to—
(a) meeting the targets and carbon budgets set under Part 1 of the Climate Change Act 2008;
(b) meeting the targets and interim targets set under Part 1 of the Environment Act 2021;
(c) meeting the limit values set under Schedule 2 of the Air Quality Standards Regulations 2010; and
(d) the delivery of the programme for adaptation to climate change under section 58 of the Climate Change Act 2008.
(2) A strategic authority, mayor or local authority must not make any decision that is incompatible with the duty described in subsection (1).
(3) Within one year beginning on the day on which this Act is passed, the Secretary of State must publish guidance describing the contribution that each strategic authority should make toward meeting the targets listed in subsection (1).
(4) Guidance under subsection (3) must include clear metrics and measurable terms for strategic authorities, mayors and local authorities to meet.”—(Siân Berry.)
This new clause requires strategic authorities, mayors, and local authorities to act in accordance with the statutory Climate Change Act and Environmental Act targets, carbon budgets, Air Quality Standards Regulations, and climate adaptation programme across their functions. The Secretary of State must publish guidance for defining authorities’ contributions towards these objectives.
Brought up, and read the First time.
Siân Berry
I beg to move, That the clause be read a Second time.
It is my pleasure to make the case for new clause 16, which would introduce a climate and nature duty into the Bill. I have been working with a tremendous group of campaigners who, like me, cannot see why the duties are not currently in the Bill. Those campaigners include the Climate Emergency Group, the Wildlife and Countryside Link, the Healthy Air Coalition and Friends of the Earth. As I have previously argued, the Bill lacks strong safeguards to ensure that the new authorities embed climate action and nature recovery, and action on deadly air pollution in their work. There is a growth duty, but not yet any equivalent duty for climate mitigation, adaptation or nature recovery.
Subsection (1) of the new clause sets out the different targets that ought to be passed down from national Government to strategic authorities. Subsection (2) would compel local authorities and strategic authorities not to make decisions incompatible with the duties—in other words, not to make things worse. Subsection (3) is a really important part of the new clause and would require the Secretary of State to publish guidance describing the fair contribution that each area must make toward meeting the national targets. That is what we currently lack. There is nothing in the Bill that helps to achieve the national targets through the actions of the strategic authorities that we are creating, and that is an important gap. I am not idly making this point; reaching our national targets requires a contribution from the authorities with these important powers, areas of competence and actions. Leaving out how we will share out the contribution to the national target—leaving it out altogether—just does not wash.
The evidence from the allies I have been working with, and from monitoring of what goes on at council level, shows that every council scoring 20% or below in the climate action scorecards that get produced is in England or Northern Ireland. That is because we have had the duties passed down by the Governments in Wales and Scotland. It is our duty to ensure that this Bill fills the gap.
Precedents exist not only in Scotland and Wales, as I have mentioned, but in London, because this is done effectively under sections 42 to 44 of the Greater London Authority Act 2007. Each of them systematically passes on a duty for the GLA—the Mayor and Assembly combined—to act to address climate change. This has led to more action in London. It has meant that the Mayor has produced results. The legislation mandates the creation of a climate change mitigation and energy strategy. The strategy, the law says, will contain proposals for the contribution to be made in Greater London towards the mitigation of climate change. These are not hard clauses to write. These are not hard things to pass down, and yet these things are missing from the Bill. That is why we have put together new clause 16, which should be adopted. It could be adopted today, and I intend to divide the Committee on this issue.
We have had discussions about these issues before. We talked about clause 2 and the different ways in which air pollution might be included in the legislation governing the new strategic authorities, and the Minister responded in a similar way each time. For example, this was a typical response:
“The principle and the intention are that we are baking our climate and environmental obligations into the way that we are thinking about how we drive the economy.” ––[Official Report, English Devolution and Community Empowerment Public Bill Committee, 21 October 2025; c. 327.]
It is no good giving these assurances—setting up a baker in a back room behind a curtain—for climate, pollution and nature action, when for so much else, the targets, accountability and duties, is clearly stated in the Bill. As I mentioned before, there is an issue of fairness. Talking to each local area about what contribution each of them will make cannot be done behind closed doors. It requires a transparent process, which the new clause provides for.
The measure has massive and wide support not only from the kinds of campaigners that I associate with on a daily basis, but from more than 100 hundred businesses, which have twice signed open letters in support of such a duty. For them, it would provide the certainty needed to unlock support and drive green investment. The Local Government Association has made it clear that councils require further statutory duties, powers and resources to lead on climate action, while 150 councils responded to a climate consultation, with the vast majority in favour of these duties in England. The District Councils’ Network in its general election prospectus, London Councils, the Association of Directors of Environment, Economy, Planning and Transport, and 88% of UK100 members all called for a climate statutory duty.
The Minister also said this in Committee:
“National Government and local government at all levels, along with business and individuals, must continue to make a contribution to tackling climate change and improving the quality of the environment around us.” ––[Official Report, English Devolution and Community Empowerment Public Bill Committee, 21 October 2025; c. 327.]
Those words need to be reflected in the Bill, and the new clause would do that very effectively. We have the opportunity right now to embed climate, clean air and nature duties for all local authorities and strategic authorities, and to make sure that they hit the ground running for our national environment targets. That would mean no delay for them to take action on clean power, warm homes, clean air and making space for nature. We know very well that there is willingness on the part of local authorities to act, so why would the Labour Government not use the Bill to codify that, and help, inspire and support them in further action?
Miatta Fahnbulleh
I thank the hon. Member, who has consistently talked about the challenge of tackling climate change and the important role that local government has to play in that. We absolutely recognise the imperative of climate change and nature recovery, and the vital role that all levels of government, including our strategic and local authorities, can and must play in that endeavour.
Local authorities already have a statutory duty to improve air quality in their areas. Thanks to the combined efforts of local authorities—for example, the Mayor of London—we have seen huge improvements. That is testimony to the fact that, when all tiers of government work together, we can tackle these big structural issues. My key point is that the existing tools and duties already support the things that the hon. Member is trying to achieve through her new clause. For example, we have talked before in the Committee about the local nature recovery strategies, the biodiversity duty under the Natural Environment and Rural Communities Act 2006, and the Environment Act 2021. All of that requires public authorities to consider, take account and take action to conserve and enhance nature and biodiversity.
On the point about climate adaptation, I recognise that there is both an urgency and an imperative for us to take action, and Local authorities are at the vanguard of wanting to push this already. The Government are working with a number of local authorities that have come forward with climate risk assessments, and that is something we hope and expect to see at authorities across the country. In October we launched a local authority climate service, which provides tailored data on climate change impacts to enable local authorities to do their assessments and think about adaptation strategies. We also ran the first adaptation reporting power trial for local authorities last year, providing guidance and support on how to assess climate risks to their functions and services.
That is all to say that this Government recognise the importance of this issue, and we are taking action. Acting and working in collaboration with all tiers of government to respond to the climate change and the nature recovery challenges is the way we do that. Further duties at this stage would not add to that; what we need is action and collaboration, and that is what this Government are cracking on with.
Siân Berry
I hear the Minister’s words, which are very similar to previous words, but I do not believe she has really dealt with the key things this new clause does that others do not: subsection (1) specifies that local authorities and strategic authorities must contribute, and not just consider; subsection (2) requires authorities not to make things worse; and subsection (3), in particular, sets out the importance of defining fair contributions. The mirror of what happens at an international level needs to happen fairly at a local and strategic level in this country. Those points were not answered to my satisfaction, so I must push the new clause to a vote.
Question put, That the clause be read a Second time.
Siân Berry
I beg to move, That the clause be read a Second time.
I will, as briefly as I can, because this is an interesting concept, outline the proposals in new clause 30 for the establishment of a public engagement commission. I have been part of some rocky debates in Committee, and I commend the new clause as a less fraught way to consider deep public participation, to come to terms with the benefits of participatory processes in appropriate situations and to look at democratic innovation in other ways.
The key issue here is that, as additional powers are gained, the choices and challenges facing public authorities in general—particularly these new ones—are becoming harder, along with the issues they are considering and the world situation. The need for citizen participation grows with that if we are to maintain trust and confidence in our public institutions. We need these new institutions to build trust and public confidence from the start.
The new clause closely relates to our legal obligations under the Aarhus convention, of which I am quite a big fan, as conventions go. It was adopted in 1998, when the Rio process really started to bed in, in the period when I started to become very involved in politics. I am certain that some of the processes taking place within central and local government as a result of our signing up to the convention encouraged my interest in politics, and led to some of the people who I work with now becoming my colleagues, so I am a big fan. The Aarhus convention links environmental rights and human rights. It establishes that
“sustainable development can be achieved only through the involvement of all stakeholders”
and it focuses on interactions between the public and public authorities in a democratic context. It is absolutely wonderful, but we are miles behind other countries in how we do that.
There are some really good examples of engagement in Britain. However, I see Ministers in the current Government not acting in the spirit of the convention, who are not keen to hear from the public, or who are certainly not keen to engage with them in new ways. I hear a lot about how engagement with the public slows down building—they put it less politely than that. We need to think more about how we undertake this kind of democratic innovation, not just in planning applications but in the wide range of powers and services that we are devolving. It should be part of the Bill’s DNA, and the new clause would do just that.
The new clause would set up a national body to guide and spread best practice, and it would take on the task of engaging and involving the public in innovative ways on very big and difficult questions—it would be a really positive addition to the Bill. The proposed public engagement commission is modelled on the French National Commission for Public Debate, which is celebrating its 30th anniversary—we can feel the vintage this comes from. The French commission started out by looking at big schemes such as TGV lines, and it has organised consultations on 130 schemes and projects. Some of the projects have been modified, some have been significantly redesigned, and some have actually been abandoned as a result of the public engagement. It is a success story in France, and we could make use of it here.
We had the National Infrastructure Commission, which governed planning applications, and that has recently been widened to the National Infrastructure and Service Transformation Authority, so it is intended to look at services as well. I think that a similar commission looking at strategic and national-level engagement would be a positive addition in helping us to fulfil some of our rights. Obviously, the commission would not intervene on every scheme, but it might intervene on schemes at a range of levels to establish best practice. It would be an ideal place to look at some of the knottier issues that we have come across.
I will finish with a few examples. I can see that Members do not want to debate this and they are feeling a little confused about what it might actually do. We have talked about proportional representation and voting systems today. For subjects that can be difficult to discuss, such as planning issues, which can descend into name calling, we could try different methods of engagement. We could listen to how to modify projects—that is an obvious one. We could also look at local growth plans and think about how they could be scrutinised to involve the public more. There is also the neighbourhoods work that the Government are still proposing. All would benefit from the involvement of this commission.
The commission could also try out and report back on new digital approaches. It could make sure that consultations work for younger people, while also ensuring that the digitally excluded can also join engagement exercises. Getting that kind of balance right is very hard, and establishing a commission to make sure that it works well would be a good thing. On things such as community infrastructure and mayoral levies, which are raised and spent in the local area, the commission should look at participatory budgeting and establish best practice. We know that mayoral development corporations are not really designed to be directly accountable or involve the public, but the commission could look at how those bodies could engage more effectively in local areas.
It is interesting that in engagement connected with new towns, it is people in the local area who are consulted when new towns are intended mainly to attract new people to an area. How should people who might come to live in an area be consulted? Those are interesting challenges and I think that the commission would be a positive addition.
More seriously, I hope that the Minister will recognise that there is a participation gap in relation to the Aarhus convention in this Bill. I hope that she will go away and look again at how that affects environmental rights and compliance and about how that might work at a national level. She should also think about how this challenge today might affect a wide range of different participation processes at the Government level.
Apologies for again making a very long case for a new clause. I do not table them idly.
I hope that the hon. Member for Brighton Pavilion does not develop a complex because I speak on all of her new clauses. She is a doughty parliamentarian who has deeply held views, and I do not want her to think that I oppose them because of any personal vendetta. However, as I am sure many expected, I rise to speak against the new clause because it lets politicians off the hook. It also does what I suggested many of the hon. Lady’s previous new clauses do.
The politicians, mayors and combined authorities we are talking about must have democratic legitimacy. They are accountable to their electorate in the traditional ways, which is an election at the current engagement levels that many mayors have. It is inherent within our system that if a mayor wants to be re-elected and build up incumbency so that people in the region say they are doing a good job, they will go out and show that they are working hard for those people.
The hon. Lady mentioned that we should follow France on this. These are not usually words that come out of my mouth, but I remind her that we are nearly at the end of the collapse of the Fifth Republic. I am not sure how much the commission helped, given how they have conducted their affairs over the last few months.
Much of the new clause adds a burden to an already overstretched and inadequately funded model. This is not to knock the Government, but establishing these authorities will be an incredibly long and complicated process, and there is going to be some disruption. The new clause would add a burden to many authorities for something that I do not think will deliver the outcomes that the hon. Lady expects.
I am a fan of Parliament and of the British Government, and I want them to do well—not that the Committee could see that from today—but I also believe in the position of the Secretary of State, and I think that asking the Secretary of State from “time to time” to lay a report before Parliament on the work of the public engagement commission during the period, and progress towards improving public engagement, is both setting up the Secretary of State for a fall—I am not sure how to measure public engagement—and letting the Secretary of State off the hook. The last Conservative Government and the Labour Government before them were in office for between 12 and 14 years. I could do it twice if I managed to survive as Secretary of State for 12 years—it may happen one day.
Miatta Fahnbulleh
We all agree that we need stronger community engagement, and a big strand of what we are trying to do through the Bill is to ensure that our communities across the country have greater powers and voice. A new commission is not the answer. The answer is in the doing—us doing the job of enabling all levels of Government, including our national Government, to engage the public and our communities better.
There is a role for the LGA, supported with funding, in building local authorities’ capability to do community engagement effectively. We have discussed the neighbourhood governance structure that we are trying to build, and creating an effective locus for communities to exercise their voice and power, and to be interlocutors with local government. We are building the network for neighbourhoods, which will bring together communities and partners to share best practice, as the hon. Member for Brighton Pavilion is suggesting, and strengthen the capability of communities to exercise their voice and power.
Critically, we are already putting this into practice through pride in place. We are putting investment into communities, organising community leaders on to neighbourhood boards to make decisions about the things that matter. While I appreciate the need for greater community engagement, I think that rather than set up a long-winded commission, we should crack on with the doing. That is what the Government are committed to.
Siân Berry
A standing commission that offers regular advice to all the groups that are trying to innovate would be a boon to them, not a burden as the hon. Member for Hamble Valley said. I believe that reporting back from “time to time” is completely normal language in Bills that set up an independent agency or organisation and we want to receive reports back; it definitely does not mean anything in particular.
I remind the Minister that there are risks if we do not do something to ensure that we stand by the important rights that people expect to be upheld. It is not just full of opportunity and excitement, as my previous speech implied; there is genuinely a risk that the new bodies—these unfamiliar, geographically drawn strategic authorities—will rejected by the public if the Government do not get this right. Trust is a crucial metric that we cannot measure ourselves—it just happens or not in other people. We need people to genuinely trust the new bodies. We cannot tell someone to trust them—they do or they do not. The Government must ensure that they are doing that right.
I do not want the reforms to fall flat any more than Ministers do. I think this provision is an important thing that could be done to ensure that they succeed better than they otherwise would. However, I am not going to press it to a vote. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Siân Berry
I beg to move, That the clause be read a Second time.
I have been working on the new clause with the Centre for Local Economic Strategies. The new clause would require strategic authorities to prepare community wealth-building action plans and makes provision for partnerships with anchor organisations such as hospitals, colleges and employers, to support them. That would create the opportunity for organisations to come together to build collective action on things such as procurement, employment and the better use of owned assets in the local area. It would also grant mayors a right to request levies on private equity in local public services to limit extraction. The new clause is tailor-made for Labour Members, whose party outside government has long championed community wealth building.
In brief, community wealth building is the practice of creating an inclusive and democratically owned economy. It puts people before private equity profits, and champions the kind of economic development activity that is overlooked by industrial strategies, focusing instead on the everyday economy, where most people—our carers, our cleaners, our builders—work. Community wealth building is the missing piece of the puzzle to unlock growth for the benefit of everyone, everywhere. Scotland has a Community Wealth Building (Scotland) Bill passing through its Parliament. England must not be left behind.
We have all heard about Preston’s remarkable success in this field. Analysis of Preston’s programme in The Lancet Public Health found fewer mental health problems than expected during the community wealth building programme compared with similar areas, as life satisfaction and economic measures improved. The analysis found that the approach can provide an effective model for economic regeneration, potentially leading to substantial health benefits. Community wealth building is also part of the economic strategy of my city of Brighton and Hove, with a consensus to work on it over successive administrations.
To further the case, I will quote comments on the London borough of Islington’s programme made in November 2024 by its director of inclusive economy. She said:
“As I say very clearly to our team, this is not about levelling the playing field. This is about tilting the table. In an economy like Islington, we have to focus our limited resources on those who are least served by this economy…It’s about sustainability, it’s about justice, and that idea of creating prosperity for everyone. The core focus is on being locally rooted—trying to make sure that the money we spend and the efforts we make are all rooted within Islington and our wider regional economy”,
and that such programmes
“make sure that the big businesses who are in our local economies are able to engage with a local supply chain and local employment practices so that we can create that virtuous circle at a local level.”
The Islington programme director also commented on how equality is helped, saying in the interview,
“Similarly, lots of investment money typically goes to male-owned businesses. We’ve set up a series of programmes aimed at supporting underrepresented entrepreneurs.”
They reduce rents in their affordable workplaces if the operators support local people’s employment and local businesses and work on the supply chain. She also gives the example of dedicated incubation programmes
“to make sure that we ‘tilt the table’ in the favour of people who are least served by this economy.”
She says that, in short,
“It is about trying to make prosperity local”.
Who in this room could disagree with that?
I hope that the new clause is taken in the constructive spirit in which it is intended and receives a positive response from the Minister.
Miatta Fahnbulleh
I thank the hon. Lady for tabling this amendment. As a proud Co-operative MP and as part of a Government who are driving through changes to the economy that put people at the heart, I support the intent behind this amendment. I know of the good work CLES does to drive this agenda across local and regional government. As I have said before, for us, the purpose of devolution is to equip and enable our mayors, local authorities and communities to rewire the economy so that it works for local people and fundamentally builds the wealth of communities. That is clear.
However, a duty to create a separate community wealth building plan will not achieve the intent of the new clause. These approaches should be embedded in the local growth plans that mayors are developing. We see that in practice if we look across the country at what our Labour mayors are doing, whether that is in Greater Manchester, the Liverpool city region or the West of England combined authority. Their approach builds in the principles of building community wealth, of co-operatives and mutuals and of community power, with a strong emphasis on the everyday economy.
We can legislate as much as we like, but what is important is the doing and the practice. We are clear that our job is to empower and equip our local leaders to do this. Many of them are already at the vanguard and well ahead of national Government because of the legacy of the previous Government. We will work with our mayors and strategic authorities to embed this in their local plans.
Critically, we are making sure that there are clear levers at the community level to drive this approach, for example, through the community right to buy. We agree with the intent, but a separate plan is not the way to deliver it. It needs to be fundamentally baked into the way that mayors drive local economic growth—a way that will put their communities at the heart and not just improve living standards, but build the wealth of those communities.
Siân Berry
I thank the Minister for her response. I am not entirely convinced that these measures are as baked in as she said. All these issues are vulnerable to election cycles. Something more specific along these lines, potentially within the requirements of the local economic plans, would help to ensure that people consistently see this approach taken across the country. The Minister talked about Labour mayors, but is she convinced? I am not sure that other mayors will take this on board, despite the proven benefits. However, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 34
Local government data
“(1) LURA 2023 is amended in as follows.
(2) In Section 84, in subsection (2)(b), after “planning and development” insert “including in relation to economic conditions, transport, tourism and nature”.
(3) In Section 91 (Interpretation)—
(a) after “(g) Part 8 of GLAA 1999,” insert “(ga) Parts 2 and 3 of the Transport Act 2000”;
(b) after “(k) this Part or Part 4 or 6 of this Act” insert “ the Environment Act 2021, Part 3 of the Planning and Infrastructure Act 2025, Part 3 of the English Devolution and Community Empowerment Act 2026”.”—(Siân Berry.)
This new clause extends data standardisation powers contained in the Levelling-Up and Regeneration Act 2023 to encompass Local Growth Plans, Local Nature Recovery Strategies and Local Transport Plans. Currently, proposals in these other plans may not constitute “development”, so would be outside the scope of existing powers.
Brought up, and read the First time.
Siân Berry
I beg to move, That the clause be read a Second time.
New clause 34 is about something that I do not think Ministers have yet considered, but it would be of real benefit to the efficiency and transparency of these new authorities. The Levelling-up and Regeneration Act 2023 created a number of new powers to standardise planning data, including local plans, planning software and the ways in which we can get information about planning applications and policies. The new clause would make sure that other activities of the strategic authorities were, from the start, set up to provide a similar level of data. We are talking about spatial data, spending data, data for inward investments, and data for the jobs created in association with different parts of economic plans. It would be marvellous to put that level of digitalisation of public data into the Bill, for the same Department mandated the planning data reforms that are being taken up extremely well.
We must do something about this either now or at the next stage of the Bill. We have seen provisions in the Bill—I have tabled other amendments on this—say things like, “Mayors must publish in such a manner as the mayor thinks appropriate.” That kind of wording is a recipe for PDFs inaccessible to organisations such as Natural England seeking to scrutinise or interact with these different strategic authorities around the country. Ministers themselves may want to know some data about what is going on in these local authorities, as well as the public at large—civil society. If we do not make things standardised, we will end up having to go through multiple inaccessible PDFs. Sometimes, those are Excel documents that have been turned into PDFs, and yet the Excel documents are not released. It would be tremendous for standardised, accessible data in API formats—searchable, integratable and comparable—to be produced as a matter of course through the Bill.
The measure would also help to support the goals of the Aarhus convention, which is all about transparency and being able to find out information. It would also be a gift to people who want to create things like accessible apps, websites and maps for pamphlets about the services in a local area. Those are the kinds of benefits that the Government talked about at the time of introducing the requirements on planning. They need to look again at whether they want things published in multiple different ways that become hard to integrate later, or whether they want things to be organised a little better from the start. The new clause is tabled in a constructive way. I hope that Ministers will ask their teams to explore the idea and talk to the people working on planning. It would be of huge benefit not to have to unpick a mess of data for these new authorities later on.
Miatta Fahnbulleh
The hon. Lady has set out the Government’s ambition to move away from a document-led planning system to a data-driven one, where planning data is openly available and more easily accessible. I recognise the intention to expand the data standards provision to ensure that it covers other types of plans produced by strategic authorities, such as the local growth plan or the local transport plan.
The Levelling-up and Regeneration Act 2023 grants the Secretary of State the power to specify in regulations which planning information must meet set data standards. Given that data standards can evolve, the Secretary of State also has the power to define those standards. The definition of planning and development is already broad enough to capture the types of data that would be used for the plans sought to be covered by the hon. Member for Brighton Pavilion.
The Government are confident that existing powers in the 2023 Act are broad enough to make the new clause unnecessary. I come back to the consistent theme of many of my responses to the hon. Lady: it is now in the doing and the acting. We have the powers in statute to respond; it is about how we put those into practice. I ask the hon. Lady to withdraw the new clause.
Siân Berry
I implore the Minister to go away and look at this again. The courts have confirmed that transport schemes, such as the cycleway running along the Embankment, do not count as development. Therefore, the wider applicability that I think the Minister was asserting may not be in place without some kind of amendment to make sure that things such as the local economic plans, local growth plans, nature recovery strategies and local transport plans are fully covered by the Levelling-up and Regeneration Act. It may need some changes that I think the Minister is unaware of at the moment. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
The Chair
We now come to new clause 41, which was debated with amendment 358 and is in the name of the hon. Member for Bath (Wera Hobhouse), who is not a Committee member. Does anyone wish to press the new clause to a Division?
Siân Berry
I do not wish to move the new clause, but my hon. Friend the Member for Bristol Central (Carla Denyer) may bring it back on Report.
New Clause 56
Authority involvement in local skills improvement plans
“(1) Section 1 of the Skills and Post-16 Education Act 2022 is amended as follows.
(2) In subsection (7), after ‘relevant authority’ insert ‘and, where the specified area covers any of the area of a Strategic Authority, the Strategic Authority’.
(3) After subsection (7) insert—
‘(7A) Where a specified area covers any of the area of a Strategic Authority within the meaning of the English Devolution and Community Empowerment Act 2025, the Secretary of State may approve and publish a local skills improvement plan for the specified area only if satisfied that—
(a) the Strategic Authority and the employer representative body for the area have exercised joint leadership in developing the plan,
(b) the plan has been agreed by both the Strategic Authority and the employer representative body, and
(c) the boundaries of the plan align with the strategic authority boundaries.
(7B) For the purposes of subsection (7A), “joint leadership” means that—
(a) strategic priorities for skills development in the area are agreed by both the Strategic Authority and the employer representative body, and
(b) spending priorities relating to devolved adult education funding are jointly determined.
(7C) A local skills improvement plan may only be altered if both the Strategic Authority and the employer representative body agree to any proposed alterations.
(7D) Where there is disagreement between a Strategic Authority and an employer representative body exercising joint leadership under subsection (7A), either party may refer the matter to the Secretary of State, who may—
(a) issue guidance to resolve the disagreement;
(b) give directions to either or both parties to ensure effective coordination;
(c) require the parties to adopt alternative arrangements for decision-making;
(d) approve and publish a plan that addresses the disagreement.
(7E) In exercising functions under subsection (7D), the Secretary of State must have regard to—
(a) the effective delivery of post-16 technical education and training in the area,
(b) employer engagement in identifying local skills needs,
(c) value for money in delivery of services by Strategic Authorities, and
(d) democratic accountability of Strategic Authorities in delivering such services.’
(4) Section 4 of the Skills and Post-16 Education Act 2022 is amended as follows.
(5) In subsection (1), at the appropriate place insert—
‘“Strategic Authority” has the meaning given by section 1(2) of the English Devolution and Community Empowerment Act 2025;’”.—(Manuela Perteghella.)
This new clause would require Strategic Authorities to exercise joint leadership with employer representative bodies in developing Local Skills Improvement Plans. The amendment also requires Local Skills Improvement Plan boundaries to align with Strategic Authority boundaries to enable effective coordination and provides dispute resolution mechanisms where joint leadership arrangements encounter difficulties.
Brought up, and read the First time.
I echo those comments, Dame Siobhain. The Bill may be poor, but the organisation and support have been flawless—[Interruption.] And the quality of the heckling is without parallel. I know we will be returning to many of the topics of debate later on in the parliamentary process, so we will have the opportunity to relitigate and seek to deliver the necessary improvements to the legislation. I thank all the officials, all those who contributed to the Bill, and the witnesses, whose evidence has been so helpful.
Siân Berry
To what everyone else has said, I want to add that, while I have spent a lot of time in the Committee complaining that scrutiny is not done well, we have done a really good job of scrutinising this Bill. My team has had the most amazing support from the Public Bill Office and the Clerks, and the Chairs have been fantastic, so thank you very much, everyone.
The Chair
I extend my thanks to all the Members, who made it very easy to Chair, and to all the staff for their support. I am just grateful that the microphones continued working after the first day.
Question put and agreed to.
Bill, as amended, accordingly to be reported.