English Devolution and Community Empowerment Bill (Eleventh sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I completely agree with the importance of protecting community assets from unscrupulous owners, but it is not clear that new clause 12 is wholly necessary or appropriate, and I am worried that it would place an unreasonable burden on local authorities by requiring them to monitor the management of all assets of community value in their area.

The substantive provision of the new clause gives local authorities the power to intervene and take on assets of community value, but those intervention powers already exist where land has been neglected or mismanaged. For example, under section 215 of the Town and Country Planning Act 1990, local authorities can take steps to clear up land and buildings whose condition adversely affects the amenity of the area, and we are refreshing the guidance to ensure that local authorities can make full use of those existing powers. For that reason, I do not think that new clause 12 is necessary, and I ask the hon. Member for Stratford-on-Avon not to press it to a vote.

Regarding new clause 20, it is really important to make it clear that the purpose of this policy is not to compel landowners to sell their property without first disclosing an intent to sell under proposed new section 86M of the Localism Act 2011. There are already well-established legal mechanisms for the acquisition of land without the consent of the landowner—I refer again to the existing compulsory purchase order powers. Local authorities can use those powers on behalf of community groups or parish councils to acquire sporting assets of community value that are derelict, mismanaged or inaccessible.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
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The Minister talks about existing compulsory purchase rights for local authorities, but that is very different from communities wishing to list assets of community value and then coming together to go through the process of purchasing them. If the Minister wants to say, “Well, this isn’t needed because we already have that,” why is the Bill even bothering with assets of community value or giving communities the right to buy? This provision is designed to put the power in the hands of the community. We know that most of the district councils will not exist anymore, and the strategic authorities will not be interested in a little block of garages or piece of land. That is why the new clause is about the assets being in the hands of the community.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I completely agree that the community right to buy is about putting power into communities, but the new clauses would require local authorities to enable and facilitate. My point is that, in the instances where we need a local authority to step in, support and enable, there are existing powers to do that. We want communities to have the right of first refusal, and that is why we are including this provision. We want them to be able to designate vital local assets as being of community value, and combined with existing CPO powers, our view is that this provides the right set of provisions to ensure that the system works, and that it works in the interests of communities.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Let me first clarify that no decision has yet been made on who will deliver public provision. It is important to state that. The Bill is drafted deliberately to allow flexibility, whether through the Local Audit Office itself, through a company that it establishes or in collaboration with the private sector. That said, I fully agree that if the Local Audit Office does act as the audit provider, it must be subject to robust and independent scrutiny to maintain trust and confidence across the sector. That principle is wholly right, and I think everyone would agree with it.

Clause 66 already requires the Local Audit Office to appoint an independent entity to scrutinise its audit work. We do not consider that amending the language from “independently” to “wholly independent” would change that position, although I recognise that it is a small change and I understand the intent behind it.

The expectation that the appointed body must possess appropriate expertise is inherent in the function itself and a statutory requirement for expertise would be unnecessarily prescriptive—it is in the practice, the guidance and the strength of the infrastructure and the institution that we are creating.

The LAO will remain accountable with the Department, and there will be robust mechanisms to ensure transparency and competence. That is a big priority for us as a Department, given the state of the system that we inherited. The Secretary of State will continue to use all the available levers to ensure we have a system and an LAO that is independent when it needs to be and of the highest standard and competence. I hope the hon. Member agrees that there are sufficient safeguards in place and will withdraw the amendment.

Vikki Slade Portrait Vikki Slade
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I believe the public would expect it to be very clear that someone was not “acting independently”, but were in fact independent, so I will push the amendment to a vote.

Question put, That the amendment be made.

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David Simmonds Portrait David Simmonds
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The only element where I have any disagreement with the hon. Member for Mid Dorset and North Poole is over whether the legislation needs to be implemented for local public accounts committees to happen. There have been a number of measures in this regard, and I think of the Localism Act 2011, where there was a great deal of debate about the role of the local armchair auditor and the requirement for local authorities to publish all expenditure over £500—itemised—so that people can see what is being spent day to day, as a means of bringing about transparency.

In this debate about audit committees, we have already covered the fact that there are different local arrangements. Some have everything dealt with by a single, financially focused scrutiny and overview committee, while others do it as part of a wider context or in the context of individual service areas. So there are different approaches, and it is important that that local discretion continues to exist.

I am not convinced that it is necessary to have further legislation, but it is right that we bring the matter to public attention. One weakness of the Westminster-focused Public Accounts Committee is that it does not always grasp local nuance. Home-to-school transport in rural Lincolnshire or North Yorkshire is a completely different challenge from that in Greater London, where all local authorities are, effectively, levied so that public transport in the capital is free for children going to school. Such things are difficult to capture. When we hear that North Yorkshire spends £51 million over a couple of years taking kids to school, that sounds like an extraordinarily high level of expenditure, but it is driven entirely by local circumstances; it is not the result of inefficiency or negligence on the part of decision makers. The point is well made that we have to have that really clear grasp in decision making that comes from people understanding and knowing their local place.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I thank the hon. Member for Mid Dorset and North Poole for tabling new clause 45, and I have a lot of sympathy with what it tries to do. She rightly quoted the English devolution White Paper, in which we committed to explore local public accounts committee models. We consulted on the initial proposal for such a model in December last year, as part of our local audit reform strategy. The Government’s response on 9 April confirmed that they would explore how any model could draw on audit findings and interact with the Local Audit Office, once established. It is important to consider how that would fit with the reformed local audit landscape.

Mayoral strategic authorities are already expected to follow the principles and processes described in the English devolution accountability framework and scrutiny protocol. That includes the requirement to have overview and scrutiny committees and an audit committee. We absolutely recognise that there is scope for further strengthening the system of accountability and scrutiny for mayoral strategic authorities, and we are carrying out engagement with the sector on what that looks like. Although I accept the principle of new clause 45, the Government intend to do further work to ensure that whatever new regime or additional arrangements to strengthen the status quo we put in place, they work well alongside not only the huge reforms we are driving through in the audit system but what already exists on the ground, to ensure that we are not duplicating or creating confusion.

We need a little time to work that through and to think about the right set of reforms to put in place. However, the principle that we absolutely need to strengthen the status quo is one we completely accept and recognise the need for. I ask the hon. Member for Mid Dorset and North Poole to allow us the time to do the work properly, so that we can come up with a system that works alongside the reforms we are driving through. I therefore ask her not to press the new clause.

Vikki Slade Portrait Vikki Slade
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My resistance is because I wonder how long it is likely to be before the different stages of the Bill go through. What assurance do we have that the new clause does not disappear, in the same way as other things have disappeared on the journey so far? That puts me in a difficult position, because this issue is hugely important. Allowing the Government time and then seeing the new clause disappear would not give us the chance to have anything on the record. It is because enough organisations feel that they want to have it on the record that we have pushed it. I know that the Minister wants me not to push the new clause, but I need to for the benefit of all those organisations that have worked so hard on it and that want to see it go as far as it possibly can.

English Devolution and Community Empowerment Bill (Twelfth sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Vikki Slade Portrait Vikki Slade
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I welcome that intervention. During covid, a lovely, very elderly Conservative lady on Bournemouth, Christchurch and Poole council decided to take her laptop into the toilet with her. I think we all have such stories to tell. There are huge merits in online training and training in person.

We talked previously about audit training. There is compulsory training for our quasi-legal systems, including licensing and planning, but what about scrutiny, audit and even, “How on earth does a council work? How do I behave? What is the code of conduct?” Training on all those things is not currently required. It is not unreasonable to ask that when somebody takes on a responsibility—particularly when they receive an allowance so to do—they understand what is required of them. There should be a minimum training standard, across the board, but that is currently absent. Training is very variable from place to place.

My simple request is for the Government to agree to the new clause and produce guidance that allows local authorities to look at the relevant content.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I will be brief because the Committee has discussed this question before. We absolutely recognise the importance of training, which is why the Government currently fund the sector support programme, which is delivered by the Local Government Association and open to strategic authorities and local authorities. That will continue and we will build on it.

It should be for strategic authorities and local authorities, as independent bodies that we are trying to empower, to decide the form of training for elected members. The Government will do our part to work alongside them and to give the LGA what is required, but we do not think that a one-size-fits-all requirement on strategic authorities to provide training is proportionate. The best way to do that is to build the infrastructure to enable and support training in an effective and sustainable way. For that reason, I urge the hon. Member to withdraw the new clause.

Vikki Slade Portrait Vikki Slade
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It is not a requirement of all local authorities to be a member of the Local Government Association. I speak as a vice-president and former board member of the Local Government Association. The new clause does not dictate what the training should be; it dictates that there should be a requirement for training. On that basis, I would like to push it to a vote.

Question put, That the clause be read a Second time.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The new clause conflates two issues, and I will try to unpack them. On the one hand, there is the question of recognition of national minority status, which is particularly pertinent in the case of Cornwall. My hon. Friend the Member for Camborne and Redruth has been a steadfast, impassioned and persistent champion and advocate for it.

My departmental colleagues and I have put it on the record that we absolutely recognise the unique status of Cornwall. We are looking for ways both to enhance the protections that are already there and, critically, to support the Cornish local authority in responding to the challenges that it faces and unlock the potential of the area. That is all on the record. We will continue to work, not just with members of the Committee but with MPs across Cornwall and the local authority, to take that forward. However, that is distinct from the ambition to create a regional tier of government. I remind colleagues that that was roundly rejected in a referendum. I know it was a couple of decades ago, but the question was tested.

There is a fundamental question here: if we are trying to drive the economic prosperity of places, where is it best to locate that? One model proposes that the best place is large regional blocs, while another model says that functional geographies around city and county regions are better placed to drive that. The large regional blocs model was tested with the regional development agencies, and we found that the connection to the local economy was weaker. Critically, the democratic link to people in those places was weaker. That is why the model did not endure, and why, unfortunately, the Conservatives undid all the good work that we did when we were last in power. Our strong view is that strategic, functional geography—city and county regions—is the best place to make decisions around transport, housing and planning, skills and travel-to-work areas. That is why we are conferring powers at that level.

If we seek to create another regional tier that is not about the collaboration that we are seeing, for example, with Northern Powerhouse Rail or our authorities in the midlands to deal with issues, predominantly to do with rail, that cut across functional areas, I worry that we will denude the very institutions that we are trying to strengthen, confuse the system, create more complexity and bureaucracy, and undermine the one thing we all want to achieve: stronger, functional economic geographies that can drive prosperity in places.

There are two issues here. I understand what the hon. Lady’s new clause is trying to do, but it is fundamentally wrong. We have tested that model, and we believe that functional geographies at the strategic authority level are where we can make progress. I point her to the evidence of the past decade, in which we have had mayors in Greater Manchester and the Liverpool city region driving growth and prosperity. That is the right geography. We need to build the power there. We should not confuse the matter. I ask the her to withdraw the new clause.

Vikki Slade Portrait Vikki Slade
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No, I am not going to withdraw the new clause. If the Minister reads it, she will see that I am not conflating the issues at all. I simply gave Cornwall as an example of where it might work. The new clause does not mention the word “Cornwall”. It allows for

“a regional governance body in any part of England, where in the opinion of the Secretary of State there is demonstrable local support for such a body”,

so it does not undermine the role of the strategic authority.

Let me give the Minister another example. Whether Cornwall is or is not included is up to the people of Cornwall, but Wessex, we presume, will come forward in the next wave of devolution deals. Wessex may be a functional geography in terms of our connectivity, but the south-west of England is the place that most of us identify with far more.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The hon. Lady talks about regional assemblies in the context of Cornwall. Can she explain the purpose of the local authority and the elected council in the model that she is proposing?

Vikki Slade Portrait Vikki Slade
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I refer the Minister to the fact that I gave Cornwall as an example of a place where people may want to set up a regional governance body. The new clause was tabled by my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon), initially in reference to Yorkshire, which has a number of mayoral authorities that want to work together. The people of Yorkshire feel that they have an identity as Yorkshire, and they want a regional assembly.

If the Minister would like me to withdraw my comment about the fact that that may work for Cornwall, she should feel free to ask, but I know for a fact that my hon. Friend the Member for North Cornwall (Ben Maguire) believes that the new clause would benefit him in Cornwall, so I will not withdraw it. It is important to give people the opportunity to have something that they feel works for them.

Question put, That the clause be read a Second time.

English Devolution and Community Empowerment Bill (Seventh sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Vikki Slade Portrait Vikki Slade
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I beg to move amendment 60, in schedule 17, page 195, line 23, leave out from “that” to end of line 24 and insert

“the majority of members of an MDC are elected members of relevant councils”.

This amendment would require that the make-up of Mayoral Development Corporation boards must have a majority of members from constituent councils.

We welcome the introduction of the mayoral development corporations across the country. Some good successes have been achieved in London; not many miles from here, the Queen Elizabeth Olympic Park continues to grow and expand, and it has some incredible facilities, including a new arts hub.

The one small thing that we would like the Minister to consider is the make-up of the corporations. It is important that people trust the organisations that are doing such large-scale development, which can potentially make enormous changes to the landscapes around them, whether on credible brownfield sites or, as others have said, through new towns or greenfield development, about which people are far more sensitive.

The Bill states that a mayoral development corporation must have at least one member from each constituent authority and that there must be no fewer than six members, but it does not give a maximum number. There is a real risk that if there is simply one member from each authority—some of these authorities are fairly large to start with—the majority of a corporation may be made up of people who are not connected to the community. It is absolutely right that there should be expertise, strategic people, and perhaps people from other sectors with skills, talents and experience from other places or sectors, but the organisation needs to be locally led. That is why my amendment 60 simply states that a majority of members of an MDC should be

“elected members of relevant councils”.

We think that that is a minor amendment that would benefit and broaden trust, and lock it in to local decision making.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I recognise the hon. Member’s intention to strengthen the voice of local councillors in the decision making of mayoral development corporations in their areas, and I support that intent. The Bill will introduce a requirement on mayors outside London to appoint at least one elected member from each council in which the development corporation operates. That mirrors the existing requirement on the Mayor of London, which has been in place since 2011, and how this function has been conferred on mayors outside London so far. That is working; the evidence from on the ground and from practice is that this approach is the right one and strikes the right balance.

I agree with the hon. Member that membership of a mayoral development corporation should absolutely include local expertise from the relevant councils, but it is important that it should be led by people with experience and capacity in the matters that the corporation is taking forward and delivering. When they work well, the corporations bring together local and technical expertise from both the public and private sectors to address complex, long-term projects that in most cases will take longer than an election cycle to deliver.

I worry that the amendment would weaken the mayor’s ability to choose the right mix of expertise that he or she and the strategic authority need in the mayoral development corporation, and limit the corporation’s capacity to drive delivery. Although we agree that there must be council representation, we think that the amendment as drafted provides that, without binding the hands of the mayor, in a way that allows them to bring in any key technical experience that they might need from outside their area in order to deliver impact on the ground.

Question put, That the amendment be made.

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None Portrait The Chair
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I feared we might stray into other considerations on planning, so I am grateful to the hon. Lady for speaking specifically about land use and nature recovery, which is the subject of the amendment. I call the Minister.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I thank the hon. Lady for the amendment. I will say three things. First, local growth plans are locally-led documents with the flexibility to consider the challenges and opportunities that matter to particular areas. Places are already taking into account whether there are green growth opportunities in their area. In rural areas they will take into account the rural economy, the farming economy, and how that has a bearing on economic development opportunities. We need a framework that allows the flexibility for plans to be locally specific. In areas where it makes sense, places are already doing that in practice and we expect them to do that going forward.

Vikki Slade Portrait Vikki Slade
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Local nature recovery strategies matter not only in rural areas. If someone lives in the most urban part of the country, the local nature strategy is critical to those tiny pockets, so I would argue that it is as relevant in cities as it is in rural areas.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The hon. Lady is absolutely right. She pre-empted the second point that I was about to make, which is that local nature recovery strategies are critical for every part of the country. Decisions that impact on land use and nature recovery will still need to consider the relevant policy framework, including the local nature recovery strategies that exist across the country. Any strategic planning decision will have to have regard to those local strategies. Thirdly and finally, we recognise that economic development sits alongside nature recovery. The two should not be and do not need to be in conflict.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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That is why we have the planning process. We will come on to talk about the strategic spatial plan. That is a document that will have to be done in consultation with constituent authorities. It will focus on strategic infrastructure and development that is needed in the area. Ultimately, we hope that that process will be done through consensus. When it is not, and when there is a dispute between the constituent local authority and the strategic authority in the round, we have said that that will go to the Secretary of State to make a determination through the independent Planning Inspectorate. The planning process already has provisions for us to mitigate that instance.

We have discussed the land use framework in Committee before. We have consulted on it and will publish the response to the consultation in due course. Although the principle of ensuring alignment across the piece is the right one, we think that before we have a tangible framework that is live and has been tested, it is premature to put a requirement in legislation that we would need to have regard to the land use framework.

Vikki Slade Portrait Vikki Slade
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I recall a similar argument being made last week to my hon. Friend the Member for Stratford-on-Avon, and a reference to “nascent” organisations. My hon. Friend pointed out that by the time the Bill comes into play some of the land use frameworks will be up and running, so they predate the legislation that will form the local growth plans. It feels completely pointless and a waste of money for local authorities to spend all that time putting in place the land use frameworks only for this legislation to come along and say, “Well, they haven’t really been tested.”

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We are developing the process of providing a land use framework, and we are taking onboard the responses that have come through the consultation. Whether that framework ends up being high level and strategic or quite granular will come out through that process, so it feels incredibly prescriptive and constraining to put that requirement on local plans at this stage.

Whether it is the local plan that is thinking about how we drive economic opportunities in the area, or it is the spatial development plan that mayors will be required to have in place, it will obviously have to take into account land use, the composition of the area, nature and all the key considerations in order to be an effective plan that works and that is supported by all the constituent members and parts that need to get onboard. I ask the hon. Member to withdraw her amendment.

English Devolution and Community Empowerment Bill (Eighth sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I share the hon. Lady’s concern and her view of the importance of environmental and climate change targets. The economic plans of any strategic authority must be compatible with our legal targets for those core considerations.

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. I refer the hon. Lady to the local growth plans that are already in place and the actions of mayors who are already in place, which show that a regard for climate change and air quality obligations is a driving force.

Vikki Slade Portrait Vikki Slade
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There is a big difference between what has been done by mayors who have gone before and creating mayors across the whole country. The new mayors will have very different backgrounds and landscapes, both geographical and political, to deal with. The word “hope” has done a lot of heavy lifting today, and although I also hope that all these mayors are as great as some of the mayors who have gone before, the Minister has more confidence in them than I do. Legislation is there to ensure that we are not reliant on the good will of hard-working people in political posts, and to protect us from people who may achieve political office and then seek to create something that we will have to undo, at great cost to our economy and health.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I have a lot of sympathy with the hon. Lady’s point. Mayoral strategic authorities are already subject to the recently strengthened biodiversity duty, which supports the delivery of legally binding biodiversity targets. We have seen that mayors have complied with the duties on local authorities around air quality and producing air quality action plans. Those have shown to be effective in London. 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. We will reflect on the guidance that comes alongside local growth plans to ensure that, across the piece, those national obligations are reflected in every tier of Government. The hon. Member has my assurance that we will reflect on it, and I ask her to withdraw the amendment.

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Vikki Slade Portrait Vikki Slade
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Amendments 52 and 53 are about funding strategic authorities for the local growth plans. I apologise to Committee members—they are going to get bored of hearing me say the same thing—but the point I am trying to make with these amendments is that we are pushing huge amounts of responsibility, cost and activity into a space that does not yet have clarity about how that will be paid for.

As we all know, our local authorities are at breaking point, with many of them expecting to make section 114 declarations within the next 12 months. I am deeply concerned that additional responsibilities to help to fund a strategic authority above them—they will have to pay in through a levy but they will have only minimal involvement in the decision making coming back down—will put them under more pressure.

These amendments are designed to make that point, to probe the Minister and to ask for further consideration about how the Secretary of State can assure local communities, who will be paying for these authorities, that there will be sufficient financial resources and adequate administrative support to discharge the functions involved in the preparation, publication and delivery of the local growth plans. There is no point in having a fantastic plan if it cannot be delivered, or if the organisations beneath the strategic authority have just gone bust.

I have said it before: the money is coming either from levies, from precepts, or potentially from grant funding through central Government. These amendments are really about probing to ask whether these growth plans will be coming with the money attached to them so that local areas, wherever they are in the country, have a fighting chance of producing a really good growth plan that benefits every resident within their area. That is why I have tabled these amendments: to try to draw a bit more out of the Minister.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Lady for these probing amendments. Again, we had a debate about this earlier in Committee. Let me put on record that we are clear that, if we are asking strategic and mayoral strategic authorities to drive this critical function, they must have the capacity to do that job well. It does not serve them, the Government or their constituents if they do not have the capacity and capability to do that well. That is why we are, for example, providing capacity-building funding for mayoral strategic authorities, so that they can not only set up but do some of the core enabling functions, such as producing plans, well and effectively.

As I said, the principle holds that capacity-building support must be there to ensure that strategic authorities can do their functions incredibly well, but I do not think it is necessary to specify that on the face of the Bill, not least because we already have the spending review process where strategic authorities set out their demands, ambitions and resources, and have a conversation with Government about ensuring that they are adequately resourced.

The principle of capacity building is therefore absolutely clear and firm, and is designed into the way we are trying to drive the legislation forward. Putting it on the face of the Bill would be too prescriptive when there are already processes in place to enable it to happen.

Vikki Slade Portrait Vikki Slade
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For clarity, at the point of the spending review when Departments are given their spending powers, are we to expect the strategic authorities to be separately and directly given a settlement each year, or will that be over a three-year period in the way that local authorities are given that settlement? I just want clarity that it is a separate pot of money from local authority funding, because I would not want to see them have to fight like rats in a sack with the mayoral authorities above them.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The process in practice is distinct from the local government funding settlement. Established mayoral combined authorities are all going through the integrated settlement process, which is a negotiated process where the demands and ambitions of the mayor are weighted against the funding in Government Departments that we have provided with an integrated settlement. That is being rolled out among established combined authorities.

For other mayoral combined authorities that are not established, the process in practice has been, “This is what we have tried to do in our area. These are the resources, and this is where we can use, for example, the mayoral precepting power,” and then there is a conversation with Government to enable them to do what they want. We are moving towards multi-year settlements, because we think that is a better way to run the public finances. The principle of multi-year settlements applies to local government and across Departments, and will apply in the context of mayoral combined authorities.

Vikki Slade Portrait Vikki Slade
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On the basis of that assurance, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I beg to move Government amendment 171.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Often, funding held by combined and combined county authorities is best used by local councils to deliver their responsibilities. Consistently throughout our proceedings, I have said that the mayor is only as strong as its partnership and relationship with the constituent authorities that have to drive the delivery. That is why the clause will standardise the power already held by most existing combined and combined county authorities to pay grants to their constituent councils.

The ability of combined and combined county authorities to pay their constituent councils is vital to the smooth running of transport, for example. Constituent councils are the highways authority in their area, with the duty to manage their road network and deliver highways maintenance; the authority therefore needs a power to fund them for delivering those key functions. We understand highways authorities’ need for sufficient funding to deliver against their duties, which is why clause 39 requires combined or combined county authorities to have in mind the necessity of ensuring a council has enough to deliver its highways functions when paying grants.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I welcome this provision. It is hugely important that money can flow in both directions, but there is one glaring omission, and the Committee will know what it is. The clause gives the strategic authority the power to pay a grant to a constituent council, but not to a town or parish council.

It may be that a town or parish council is fulfilling one of the areas of competence for the strategic authority. For example, under clause 2(g), public safety, a town council might be running CCTV or paying for community safety accreditation team officers. Under clause 2(e), environment and climate change, that parish or town council might be delivering solar insulation or be rewilding. I did not table an amendment on this, but might there be a drafting error in not allowing the strategic authority to pay a grant to an organisation associated with a constituent council? There is an opportunity there to use our town and parish councils in this way.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I commend the Liberal Democrat Members for their consistent championing of town and parish councils. This power is focused on the constituent authorities, in part because the use case we have in mind is transport, where we can see the importance of highways authorities in particular.

The hon. Lady will know that town and parish councils in the round tend not to draw down Government grant or funding. In conferring on strategic authorities this power, which currently goes from the Secretary of State to constituent authorities, we are thinking in particular about grant funding. That is why we have constrained it in the way we have set out. I will take her point away and consider it to make sure we have not missed a trick, but our focus is particularly on transport and highways authorities and the ability to pass through grant funding.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I thank the Minister for that assurance. I simply want the opportunity not to be denied. Town and parish councils often say, “Well, we are not allowed to access that,” but there may be an opportunity here, and to exclude them would be a shame. Perhaps use of “may” would give that opportunity for grant funding. I would welcome a tiny amendment at some point in the future. It is something to reflect on.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clause 40

Encouragement of visitors and promotion of visitors

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

It would. One thing that the Bill does create is a statutory duty for Government to respond to formal requests from mayors for new powers—the right to request. Calls for any new fiscal powers should be made through that process. The Government propose to take account of the impact of visitors on local authority areas through the fair funding review. That point has been made by local authorities and by Committee members, and we are doing so to account for the fact that visitors—

Vikki Slade Portrait Vikki Slade
- Hansard - -

I fear I am about to be told off by the Chair, but—[Interruption.] The shadow Minister has just taken an interest. I welcome the Minister’s comment that the impact of visitors will be taken into account in the fair funding review. It is really important to add that that affects the fair funding review for our police authorities, as well as our local authorities.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

There are already mechanisms to enable places to introduce overnight stay levies through the accommodation business improvement district model, as the hon. Lady mentioned. With that, and allowing that this good Committee is not the Chancellor, I ask the hon. Member for Stratford-on-Avon to withdraw the amendment.

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Vikki Slade Portrait Vikki Slade
- Hansard - -

Amendments 247 and 248 are similar to those that we tabled on other issues. They seek the assurance that combined authorities will have “sufficient financial resources” and “adequate administrative support” to fulfil their duties on health and health inequalities. I will not repeat myself, because we have a lot to get through this afternoon, but I will add that there is a real risk that more and more responsibility is going to the strategic authorities from other Departments. The Department of Health and Social Care is under huge financial pressure, but it would be remiss if this responsibility were moved across to a strategic authority without sufficient funding. I am assured by the Minister of sufficient capacity-building funding and an integrated settlement for these organisations in future. I trust—I need some assurance—that that will include sufficient funds to take account of the health inequalities in our regions. If that happens, I will be happy not to press the amendments.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I reiterate the assurances that I have given. We have a vested interest in ensuring that, where strategic authorities take on new functions and duties, they have the resource and capacity to do so. That could mean: providing capacity funding to the strategic authorities; ensuring that the budgets necessary to deliver the outcomes that they are committed to are in place through the process of devolution, or, ultimately, when they become established combined authorities, through the integrated settlements. I again put that reassurance on the record.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Vikki Slade Portrait Vikki Slade
- Hansard - -

Amendments 21 to 23 relate to the integration of police and crime commissioners into the strategic mayoral system. They are quite straightforward, requiring the Secretary of State to make regulations and thereby ensure more parliamentary oversight of the inclusion of the police and crime commissioners, given that this is such a fundamental change in so many areas.

I am upset that established authorities in several areas have already taken on those roles, but many of the strategic mayoral authorities are brand-new organisations that will potentially be taking on functions way beyond their scope. They will also potentially be taking on police and crime functions that run across completely different policing and crime areas with different strategies and ways of working in terms of police and crime panels and their scrutiny. We believe that to do that through the proposed process will produce a rushed system. I commend the Minister for her decisiveness, but sometimes it is better to pause and take a slower approach to bringing together those organisations, rather than rush the process.

We are already seeing huge changes to our integrated care boards, with many being abolished. Rather than alignment, we see some coming together for financial reasons or for convenience. There is a real risk that trying to do all of that in harmony ends up not with the right outcomes but ones that suit the creation of a very simplistic jigsaw. Most of the mayors will be taking on roles that they have never performed before. We feel that it is time to pause, slow the pace and ensure that this has more parliamentary oversight.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

The purpose of the provision in the Bill is to give the Secretary of State the power to make that transfer in a way and at a time that makes sense. Whether with regard to the electoral timetable or to issues of deliverability and the viability of the transfer, the Secretary of State’s ability to take a view and set a future date is why we have provided that power to mitigate the issues the hon. Lady is concerned about. The default should be that the police and crime commissioner function sits with the mayor where the geographies align. That is an important principle as we build up the mayoral strategic authorities across the country.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

This cluster of amendments to clause 46 allow a mayoral combined authority or a mayoral county combined authority to take on the role of a fire and rescue authority, where appropriate.

These amendments strengthen the fire and rescue provision in clause 46. They give the Secretary of State the power to designate strategic authorities as fire and rescue authorities. They also ensure that where strategic authorities cover more than one fire and rescue area, they take on responsibility for all fire and rescue authorities in their area.

Collectively, these amendments provide consistency and prevent fragmentation of governance, by requiring mayors to cover all fire and rescue authority areas within their boundaries, creating stronger accountability across local areas.

Amendment 209 agreed to.

Amendments made: 210, in clause 46, page 51, line 17, leave out from “for” to second “a” and insert—

“an area by virtue of subsection (2)(f) or (g),”.

This is consequential on Amendment 209.

Amendment 211, in clause 46, page 51, line 23, after “the” insert “combined authority or”.

This corrects an omission.

Amendment 212, in clause 46, page 51, line 25, leave out from beginning to end of line 37 on page 52 and insert—

““1A Designation of mayoral combined authorities and mayoral CCAs

(1) The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.

(2) The Secretary of State may—

(a) by order specify a part of the area of a mayoral combined authority or mayoral CCA, and

(b) by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.

(3) But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—

(a) two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;

(b) the relevant mayoral authority is designated as the fire and rescue authority for each specified part;

(c) all of those designations come into effect at the same time.

(4) Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—

(a) there are separate fire and rescue authorities for each area specified under subsection (2)(a);

(b) the fire and rescue authority for each of those areas is the relevant mayoral authority.

(5) The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.

(6) An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—

(a) section 1A(2) area,

(b) section 2 combined area, or

(c) section 4 combined area.

(7) The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.

(8) An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—

(a) a metropolitan county fire and rescue authority,

(b) a combined fire and rescue authority constituted by a scheme under section 2, or

(c) a combined fire and rescue authority constituted by a scheme to which section 4 applies.

(9) The provision that may be made by regulations under section 52 of the English Devolution and Community Empowerment Act 2025 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—

(a) provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable),

(b) provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;

(c) provision about who is to scrutinise the exercise of those functions;

(d) any other incidental, consequential, transitional, transitory or supplementary provision.

(10) In this section—

“section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time);

“section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);

“section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time);

“shadow period” , in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which—

(a) ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and

(b) is no longer than one year.””

This would make further provision about the Secretary of State’s power to provide for a mayoral combined authority or CCA to be the fire and rescue authority (see Amendment 209). In particular, subsection (3) would ensure that, where the area of a mayoral combined authority or CCA is to consist of several fire and rescue areas, it must be the fire and rescue authority for all of those areas.

Amendment 213, in clause 46, page 52, line 40, leave out from beginning to end of line 9 on page 53.—(Miatta Fahnbulleh.)

This would be consequential on Amendment 209.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I beg to move amendment 24, in clause 46, page 53, line 15, at end insert—

“(7) Regulations made under this section are subject to the affirmative procedure.”

This amendment would ensure that regulations made by the Secretary of State regarding the functions of fire and rescue authorities receive parliamentary scrutiny.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I should probably declare a personal interest—my father spent his life as a London firefighter throughout his career; I was a member of the local fire authority, and I have spent a lot of time talking to and engaging with the fire and rescue services. That was not because I managed to set my bedroom on fire as a child—although I did—but because fire safety has always been a lifelong passion of mine.

I am troubled that the Bill rolls fire and rescue services into the role of a mayor. That may be a great idea; in some cases, I know that fire and rescue services have come together with police and crime. However, the amount of attention that this Bill gives to fire and rescue, and indeed the comment made last week when I asked questions about the precepting and the funding of fire, which suggested that it was outwith the scope of this Bill, makes it feel as though fire and rescue are an afterthought. It feels as though the work of the fire and rescue services is not being given enough attention and that there has not been real thought about how they can best be delivered.

Fire and rescue authorities around the country are doing a really good job in supporting our services, often on tiny precepts, and in dealing with big, and changing issues. Wildfires around my Mid Dorset and North Poole constituency have been horrific this year, and we have just put in for Bellwin funding. The proportion of energy that is used in dealing with fires that are usually human-caused and flooding, which is also related to climate resilience, has gone through the roof.

To add fire and rescue services in as a couple of pages in a large Bill feels inadequate, which is why we are looking to ensure that regulations made under clause 46 are subject to the affirmative procedure, and why we are seeking more parliamentary scrutiny and energy around bringing in the fire and rescue services, particularly where they do not align.

My area is likely to be Wessex, if we get into the next round, and it will probably cover three different fire authorities. As well as having to get two or three different police authorities together, we will now have to get two or three different fire authorities from the police authorities. Adding the clause in at this stage is complicated, and sticking it in as two and a half pages of a Bill feels inadequate. Therefore, we ask that regulations made under the clause are subject to the affirmative procedure and receive suitable parliamentary scrutiny.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I want to put on record that the Government absolutely recognise the vital role the fire and rescue authorities are playing across the piece; there is a huge amount of work going on in my Department to ensure that they are fit for purpose, that they are resourced and that they can continue to evolve. The Government believe that the negative procedure is the right and proportionate route for these regulations. The powers here in the Bill are simply technical powers, enabling powers that are already conferred in legislation for the fire and rescue authority functions to be transferred. That is why they take up such a small proportion of the Bill—it is a technical change rather than a substantive one, which exists already in legislation.

It is important that there is a timely transfer of these functions so that mayors can deliver joined-up services without lengthy procedural hurdles. Subject to clause 46 standing part of the Bill, Parliament would have already approved the principle of mayors exercising fire and rescue functions. This part of the Bill makes that transfer live and real. I hope the hon. Member for Mid Dorset and North Poole appreciates the care that we certainly have around the fire and rescue service and that there is much wider work going on outside the scope of the Bill about how we ensure those services are fit for purpose, and will therefore withdraw her amendment.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I would have loved to do that, but I feel that this transfer needs to be a deliberate and active thing. I spoke to my chief fire officer, who seemed completely oblivious to what is going on. If our chief fire officers are not really aware of what is going on, then more needs to be done, and therefore I would like to press the amendment to a vote.

Question put, That the amendment be made.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I must tell the hon. Lady that I can barely hold them back. Our mayors are pretty independent-minded and robust, and they are very clear when they want a particular power. They run effective campaigns and they are very good at advocacy, so I do not think the Government need to—or indeed can—tell them what to do. They are very clear about the powers they want; they build consensus among all their partners to ensure that they apply maximum pressure on Government to respond effectively to the right to request, and rightly so. That is the case now and I suspect that, once we give them legal powers in this Bill, it will continue to be so.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I am content that the scope of the amendment may have been broader than intended in terms of some of the minor things that a local authority may wish to do, but I ask the Minister to keep in mind the larger-scale changes that may be required, which really should come with some form of Government statutory intervention. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 49 ordered to stand part of the Bill.

Clause 50

Powers to make regulations in relation to functions of strategic authorities and mayors

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

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank you, Dame Siobhain, and all hon. Members for the swift and substantial progress we have made on the Bill today. I am grateful for everyone’s patience and the constructive way they have engaged in debate.

The devolution framework delivered by this Bill is the floor, not the ceiling, of our ambition for devolving real powers to local communities. That is why we are taking the power to add new functions to the framework, which will ensure that strategic authority mayors have the powers they need to deliver for local people. The Government will not be taking those decisions in isolation; any new functions added to the framework will be subject to votes in both Houses of Parliament and to consultations with the mayor, the constituent councils and the body currently holding those functions.

It is important that the governance arrangements within strategic authorities enable local leaders to make effective decisions to deliver for their people, so the Government are taking the power to modify governance arrangements where necessary. In some cases, the best way to bring about real, substantive devolution across the country will be to test it in one or two places first. The Bill therefore allows the Government to confer or modify functions on a pilot basis, which will enable local leaders to innovate in order to deliver the best outcomes for their citizens.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.—(Deirdre Costigan.)

English Devolution and Community Empowerment Bill (Fifth sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

For mayoral strategic authorities, it will be the full general power of competence, but for foundation strategic authorities, at the single tier level, it will be exercised in the context of economic development and regeneration; the constituent local authority that makes that foundation strategic authority already has the wider general power of competence.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 21

Power of mayors to convene meetings with local partners

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
- Hansard - -

I beg to move amendment 8, in clause 21, page 23, line 28, leave out subsection (b) and insert—

“(b) one or more of the following—

(i) health and social care;

(ii) planning;

(iii) environmental concerns;

(iv) funding;

(v) sustainability measures;

(vi) education;

(vii) transport provision and

(viii) green and community spaces.”.

This amendment ensures that mayors must consider specific community matters when consulting with local partners.

In previous contributions, my hon. Friend the Member for Stratford-on-Avon and I have made clear the importance of decision making at the lowest possible level. I welcome the explicit provision on convening meetings with partners.

On clause 20, the Minister talked about the breadth of issues that come under the general power of competence and the scope and interest of combined authorities and mayors. We are concerned that the wording in clause 21 on the topics about which meetings can be convened is too narrow, as it is restricted to the items in clause 2.

There should be an ability to convene meetings at a strategic level about matters that are not covered there, such as education. Where skills are within the remit of the strategic authority, and education remains the remit of the constituent parts, the impact and the opportunities available would be across the strategic area.

There is also a concern that while the Bill provides the opportunity to convene meetings and consult, share and partner, it does not provide any sense of obligation for a mayor to do so where others are involved. We would like to see more of an obligation on mayors, rather than a sense of, “Let’s hope they do; if they don’t, never mind.”

The amendment seeks to broaden the scope of clause 21 beyond the items listed in clause 2. I am looking for some assurance that the Minister will be interested in broadening the clause so that we get a meaningful sense of two-way discussion, where the mayor is part of that area conversation.

David Simmonds Portrait David Simmonds
- Hansard - - - Excerpts

The Opposition are not entirely persuaded of the argument for this amendment, although the point is well made. We will be listening attentively to what the Minister has to say.

We are always very conscious that there is a risk with this legislation of creating conflicts. I know you have done a lot of work in the past in the field of education, Mr Stuart; we have seen that the well-intentioned education policy of school autonomy can come into conflict with the statutory duties placed on a local authority. We need to ensure that is resolved. As we heard from the hon. Member for Mid Dorset and North Poole, education is a good example of where conflict can crop up—for example, a university technical college is part of the skills economy, but is also, for the purposes of the Bill, a school. There is a need to ensure that all those statutory duties are squared off.

Although we are not persuaded of the need for the amendment, we would like to hear what the Minister has to say so that we can be confident that those points have been fully taken into account.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Member for Mid Dorset and North Poole for her amendment. I am not sure that, as drafted, it achieves the intended effect. The Bill already defines the meaning of a relevant local matter as one that occurs within the geographical boundary of a strategic authority and relates to one or more of the areas of competence set out in clause 2. The areas of competence are deliberately broad to allow for a wide range of activities to fall within scope. However, the amendment would remove the existing references to skills and employment support, economic development and regeneration, climate change, public service reform and public safety. That risks inadvertently constraining the matters on which a mayor may convene meetings with local partners.

On the specific point about the dialogue needing to be two-way, I refer the hon. Member to the evidence we heard in the context of the Greater Manchester combined authority. Ultimately, for the mayor to have impact and traction, and to deliver, they must work with key partners, because ultimately those partners are the delivery arm of any strategic intent of the mayor. That requires two-way engagement and a two-way conversation. While we have not locked that in explicitly in the way that the hon. Member suggests in her amendment, that is fundamentally the principle that sits behind the way a mayor ought to work.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Yes. Where a local transport authority exists, the power will essentially be conferred on it.

We will discuss the detail of the regulatory framework when we come to schedule 5. I commend the clause to the Committee.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Schedule 5

Providers of micromobility vehicles

Vikki Slade Portrait Vikki Slade
- Hansard - -

I beg to move amendment 372, in schedule 5, page 124, leave out lines 1 to 14.

This amendment would remove the Secretary of State’s power to make regulations which create exemptions from the prohibition on the provision of micromobility vehicles without a licence.

We welcome the clarification that micromobility vehicles will be licensed, but I am slightly concerned—I hope the Minister will provide some clarity—that the broad nature of the provision may inadvertently catch hundreds of leisure-hire businesses in tourist areas such as the Camel trail in Cornwall, the New Forest and parts of the Purbeck, where visitors can hire bikes from a public place. Those businesses do not need to be licensed, and licensing them would create a huge burden on the council and on those small businesses. They may be covered under the exceptions in proposed new section 22G, but if that is the case, it does not feel defined precisely enough—it talks about a person having made

“arrangements between the licensing authority and that person”.

I would like some clarity that the new section will not inadvertently capture businesses that are not share schemes whereby people pay by the minute or by the hour, which I think is the intention of the legislation.

We have Beryl bikes in Bournemouth, Christchurch and Poole, and in parts of Dorset. Such schemes are excellent and licensing them is a great idea. We want more measures to be put in place to protect pedestrians and road users, particularly from scooters. We have seen so many cases of unregulated and unlicensed scooters travelling at as much as 30 or 40 mph on pavements. Any additional measures to prevent that will be useful.

We also see a lot of e-scooters and e-bikes being used in crime. In Dorset, innovative work is happening, with smart water being used to spray offenders as they go, thereby allowing them to come back later and not risk either the offender or the police in a dangerous chase. Whatever we can do to make the legislation tighter for organisations would be a good thing.

I am sure I am not alone in regretting the fact that we still do not have clarification of the law on the private use of e-scooters and other micromobility vehicles. I am concerned that if local and strategic authorities are going to get more powers to license vehicles that are used through hire organisations, it will be a real missed opportunity if the Department for Transport were not encouraged to bring forward a decision on private use at the same time. So many local authorities get calls from the public about problems only part of which local authorities can deal with. Councillors’ and MPs’ inboxes are filled with people asking, “Why can’t you act on x?” We reply, “Well, we cannot act on that bit, but we can on that bit.” Alignment in respect of the use of micromobility for public or private use would be really helpful.

My particular concern, and the reason for the amendment, is that schedule 5 caveats important powers granted to strategic and local authorities by allowing the Secretary of State to override them with new regulations at any point of their choosing. That would appear to have a direct effect on the number and types of locations, as well as the purpose for their use. A situation last year demonstrates the point. Bournemouth, Christchurch and Poole council wanted to extend its successful partnership. We had no e-bikes in Christchurch, where the population was oldest and most in need of e-bikes, and we wanted to increase the physical number of scooters from 500 to 1,000, because the scheme was so successful. But the council was forced to come to the Secretary of State to get permission for changes that everybody locally wanted and that the provider could deliver, and we missed a window in the season when we would have got really strong use.

The amendment would delete lines 1 to 14 on page 124 of the Bill, so that the power truly remains at the local authority level, rather the powers just granted being undevolved by allowing the Secretary of State to override them. I will be grateful to hear the Minister’s thoughts on that.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Lady for tabling the amendment. I have a lot of sympathy for the principle behind it. The framework that we have set out is necessarily broad in scope to capture all types of micromobility schemes, including those that may emerge in the future. We have made it clear, however, that the exception power ensures proportionality in licensing to avoid unnecessary burdens on, and the criminalisation of, businesses such as those to which she referred that operate small, low-impact schemes. We have specified the type of exemptions that we expect we might make in order to keep the scope of the power contained—for example, community schemes with a handful of cycles, or cycle hire on privately owned but publicly accessible land. While I accept the sentiment behind her proposals, I do not believe that the amendment is needed. I therefore ask that it be withdrawn.

Vikki Slade Portrait Vikki Slade
- Hansard - -

That deals with my first concern, but the second one was about subsections (2) and (3) in proposed new section 22G on the first 14 lines of page 124. However, I apologise and withdraw my comments—the clause applies specifically to the exemptions and not to the ruling. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

English Devolution and Community Empowerment Bill (Sixth sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Local transport is a key responsibility of strategic authorities, which will continue to be the local transport authority for the area. These authorities will be responsible for local transport planning, the duty to secure the provision of local passenger transport services such as buses or trams, and other relevant powers for bus partnerships, bus franchising and travel concessions. This will allow them to make strategic decisions to support growth and placemaking across their areas through improved transport outcomes.

Currently, combined authorities and county authorities hold varying local transport powers under diverse governance arrangements. The Bill gives authorities certainty and clarity about these powers by standardising them. I commend schedule 9 to the Committee.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I rise to speak to new clause 11 on funding for transport authorities. There is a lot of merit in harmonising and simplifying the way that transport authorities work. Having borders between different systems can cause huge complications for people crossing them. Obviously, such borders will still exist, but hopefully they will be fewer and farther between.

The purpose of our new clause is to address the elephant in the room. The legislation adds a healthy set of new transport functions for combined authorities, set out across the various measures we have already heard about, and many of them are very positive, but the reality is that those transport authorities that are currently local authorities receive a lot of central Government funding, while the strategic and combined authorities sitting at the higher level do not. Their money is not coming from the magic money tree; it is coming from levies and precepts.

Additional responsibilities are great, but given the additional work involved in all this transport reporting that we have heard about, and the additional functions at a higher level, I am greatly concerned that we may be setting some of these organisations up to fail from the start. Through new clause 11, I am seeking assurance that the Secretary of State will continue to assess and review whether authorities have sufficient support and capacity to carry out these functions, and ensure that they are not too onerous given the source of their funding—levies on the authorities beneath them and precepts directly on the taxpayer.

This Bill is a move away from how we have been funding local authorities; yes, some local authorities are on zero revenue support grants, but many are still quite heavily reliant on central Government funding, and this is the first opportunity for me to say, out loud: are we sure this is a good idea? We are creating a whole framework of legislation and a whole set of local authorities, that have no real central funding. New clause 11 provides the first chance to ask that question and get assurance from the Minister about precisely where the money is coming from. If the money is coming directly from our residents through precepting, we should say that out loud, so that they understand what they have let themselves in for.

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Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I thank the hon. Member for Stratford-on-Avon for her constructive and helpful amendment 252. In principle, the ability to integrate a land use framework and energy plan at the strategic level obviously makes sense. Regarding the amendment as drafted, the Government have consulted on a land use framework but have not yet provided a response, so the land use framework is not a tangible thing that strategic authorities can hinge their plans on.

Similarly, strategic spatial energy plans, which I have a lot of support for, and which I hope to see across the country, are at an embryonic stage. We do not know how high level they will be. The principle—that as strategic authorities are thinking about their strategic plans they should think about a whole host of things—holds, but we do not think that the amendment is appropriate because of the frameworks that it hinges on.

Vikki Slade Portrait Vikki Slade
- Hansard - -

I wish to clarify the purpose of raising the issue of strategic spatial energy plans. There is a real risk that people confuse local area energy plans with net zero and climate change, but there is a possibility for us all to agree that it is far easier to put the role of the strategic authorities to think about the future of energy, from grid capacity to how we get things done, in those terms than to risk it becoming a net zero football. I would love to see, as the Bill goes through Parliament, a way for this measure to be inserted, because there are some real risks coming down the line, with potential leaderships that may try to drive things in a different direction.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

I agree with the hon. Lady’s broader point. There is absolutely a piece for us to think about regarding energy infrastructure. Having served as Minister for energy consumers, thinking about how we drive warm homes and the interaction with the grid, there is clearly a big piece of work that needs to be done there, and a role for strategic authorities to play in thinking about that planning in an integrated way.

The frameworks that amendment 252 refers to are nascent and likely to be quite high level, but the principle is that as strategic planning authorities think about their spatial energy plan they should think about both how they effectively use the land and the energy and transport infrastructure that is in place.

I agree with the intent behind amendment 304. I refer hon. Members to the national planning policy framework, which rightly places greater emphasis on the use of previously developed land, and we want to see mayoral development orders used to support urban regeneration. On those points, we are completely aligned. However, we should not over-constrain mayors. We want legislative flexibility to allow a mayor to use a range of land types across their area. Where an urban extension or a new town is the appropriate thing, we do not want to bind the hands of mayoral strategic authorities and stop them being able to use the right land for the right development.

English Devolution and Community Empowerment Bill (Third sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I spoke to the leaders of Hampshire and the Solent just last week, and they were unanimously enthusiastic about what was being proposed, because they could see the opportunity. I am pleased that it is being voted on, and ultimately it is for places to come forward. What we have said to them is, “If you go through this journey, there are powers that you can draw down that will allow you to drive change in your areas.” The strategic authorities, combined authorities and constituent authorities can see the economic prospect. They see what is happening in Greater Manchester, the Liverpool city region and the west midlands, and they want that for their residents. That is absolutely right, and what we are doing is enabling and supporting that.

Let me talk about the backstop power provided here. We do not expect to use it, which is why it does not come into force at Royal Assent; it is there if we need to draw on it. The only reason it is there—because we think the demand and the momentum created by devolution will do the job for us—is in the instance where there are blockages. That means when constituent authorities that want to move forward are being resisted by a particular authority, we give ourselves the ability to intervene. The reason we are doing that is because we do not want any residents to be left out. We do not want areas to be devolution deserts, not being able to benefit from the economic opportunities and prospects provided.

Vikki Slade Portrait Vikki Slade
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The reality is that the only reason they are queuing at the Minister’s door to access devolution is that they are being denied access to funding if they do not. Let me give the example of Wessex: Somerset, Dorset and Wiltshire have all been unitarised over the past 10 years. They should have been in the ideal position, but they were overlooked for the first wave of devolution. They were apparently not ready, and I accept that fact, but they have missed out this financial year on more than £300 million—£159.29 for every single household in that area—compared with other areas. They have no real choice but to devolve to a single authority, because why would their residents think it is acceptable for them to miss out on £300 million? So it is not fair, or it is disingenuous, to suggest that this is not compulsion. The other point I want to make—

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Vikki Slade Portrait Vikki Slade
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Will funding be made available for areas that are not yet in a programme on the same footing as the areas that are already in one? It would be completely inappropriate if that funding was not committed to. I want to get that on record.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We have established a principle that there should be mayoral capacity funding. We have established a principle that for places that are going through the transition, to ensure that any mayor that is created is able to hit the ground running, capacity building needs to be a core part of that. That applies to the places that are going through the devolution priority programme at the moment, but the same principle invariably will apply across the piece.

None Portrait The Chair
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Vikki Slade, do you wish to divide the Committee on amendments 38 and 39?

Vikki Slade Portrait Vikki Slade
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We were seeking to divide only on amendment 39, but given that we have had that assurance, I am happy not to do so. I beg to ask to leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 3 ordered to stand part of the Bill.

Clause 4

Combined authorities and CCAs: establishment, expansion and functions

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

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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Clause 4 introduces schedule 1, which will streamline and simplify existing processes for establishing new combined authorities and combined county authorities, and for changing the arrangements of existing authorities. The Government have been clear that their goal is to achieve universal coverage of strategic authorities. We are therefore confident that clear and tangible benefits of devolution will be experienced across the country. We have also been clear that we want to create mechanisms that will ensure that the process is streamlined—that it is fast, and effective and efficient locally—and allows representation, but fundamentally allow us to move through the process that we see appetite and demand for across the country.

The powers introduced by the clause will be used as a backstop. They will be deployed only where we have devolution deserts and we want to work with areas to remove blockages, to the benefit of residents.

English Devolution and Community Empowerment Bill (Fourth sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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The public rightly expect that mayoral strategic authorities will have access to the expertise they need, that they will work with businesses and other stakeholders, and that mayors will work full time to deliver for their communities. Mayoral strategic authorities will undertake critical new functions, including a stronger set of planning, transport and skills powers and, increasingly, police, fire and public health duties. The authorities will also represent their region in engagement with national bodies, and undertake joint working with partners. It is simply not realistic to expect a single mayor to do all that on their own.

The appointment of commissioners will be a local decision and no additional funding will be provided. I will gladly take Members’ questions now, but when we discuss schedule 3 in four groups’ time, I will expand on some of the checks and balances we are introducing to ensure that commissioners add real value to local decision making. I commend clause 9 to the Committee.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
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The name of the Bill promises devolution and community empowerment, yet a number of its clauses cause the Liberal Democrats some concern, and this is one. A key principle of democracy, local or national, is to have elected people—Ministers, Members of Parliament or councillors—delivering for the people who elect them. It makes little sense that a mayor of a combined county authority or combined authority, with dozens or scores of skilled constituent councillors and council leaders beneath them, might instead choose to appoint a commissioner to such an important role.

We heard in oral evidence from Councillor Bev Craig about the model used in Manchester, where the leaders of the constituent councils perform one of the portfolios. That strikes me as much more appropriate in a large strategic authority, where each of those individuals has skin in the game. There is no reason why a mayoral authority should not operate in the same way as large unitary authorities do. Mine represents more than 400,000 people and does not require a commissioner to look at planning, although it does have a head of planning—a paid member of staff. Policy decisions have in the English system traditionally been made by politicians, so I struggle to see why creating a new layer of authorities, further away from people, should take away the principle that such decisions should be made by elected people.

Some have suggested that there are not enough constituent council leaders in some areas—perhaps areas that have only three or four council leaders. There are some incredible deputy leaders and portfolio holders. There may be a case for drawing from a broader pool, but suggesting that those people are not sufficiently qualified in understanding their area or area of expertise could damage the respect that council leaders have in their area, as well as the connection between a constituent council and the strategic authority that sits above it. If we want constituent councils to drive better strategic decisions and better strategic outcomes for all residents, it would be much more sensible to give those individuals a real role in the authority. Given the way that additional responsibility allowances are scheduled, that can be a lot cheaper, because the Bill does not provide for people to have the double allowances that we already have in other parts of the system.

If we bring in external individuals as commissioners, there will be few checks and balances; they are not democratically accountable. The mayor may well be able to remove them, as is detailed in the Bill, but the public cannot remove them. Fundamentally, the people who are making policy decisions should be able to be removed by the public. They should also be held to the standards regime, as well as the other elements of conflicts of interest and financial declarations that councillors must follow.

I think that is all I want to say, but I feel really strongly that a model is there, such as the one in Manchester. We have heard about London evolving over time, but we have some great models running in the country. To me, it seems a sensible way forward to look at what they are doing in Greater Manchester, which is already incredibly successful.

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Vikki Slade Portrait Vikki Slade
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I have no principled objection to the mayor setting a precept. I found it confusing when I heard Mayor Houchen explain how he had a zero precept. How does anything get done? Where does the money come from? [Interruption.] I am sure he has a salary, and I am sure he has an extensive office that is paid for by someone. I accept that the principle of a precept is, in some respects, self-limiting, but what bothers me is that the combined authority mayors have no referendum cap, unlike upper-tier, lower-tier, police and crime or fire authorities.

It is fire authorities I particularly want to speak to, because although some Government amendments have been tabled on the role of the mayor in terms of fire and rescue, there is almost silence in the Bill about the role of the fire and rescue service, while embracing it completely and almost making the whole service disappear. I am really concerned that fire authorities are already desperately under-resourced. Dorset and Wiltshire Fire and Rescue Service gets £1.76 a week per household. It has desperately been trying to get a 20p per week increase, but has been told, “No, you can’t have that.” There is nothing in the Bill that protects and ringfences any money for fire services, whereas there is more talk about police services. I am looking for some reassurance and commitment about how fire services funding will be properly resourced and ringfenced to make sure that no area suffers as when we had those horrendous wildfires, where fire services had to beg, borrow and steal equipment.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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We are all hugely sympathetic to the funding of fire and rescue—as we see climate change, the imperative of fire and rescue services is key—but it is outside the scope of the Bill. We believe that we have the balance right between allowing precepting powers for mayors and allowing democratic accountability by which the electorate can hold any mayor and politician to account.

Question put, That the amendment be made.

English Devolution and Community Empowerment Bill (First sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Vikki Slade Portrait Vikki Slade
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Q Welcome to the Committee. Communities will be able to nominate assets of community value that are of economic value. Nick, that is particularly relevant for the community businesses that you support. Can you say a little about how communities could use the new power, and whether there are resources that need to come with that power?

Nick Plumb: At Power to Change, we think that the Bill’s provisions on community right to buy are a positive step forward. Power to Change has been calling for this for several years. To illustrate why the right is so needed, the key piece of data on the current regime on assets of community value and the community right to bid is that of every 1,000 assets that are listed as assets of community value, only 15 end up in community hands. The expansion of the definition of assets of community value to include economic as well as social benefit is a positive step, as is the introduction of a community right to buy as opposed to a community right to bid.

Some of the questions lie in the implementation. We think that there are potential challenges with this new right if you are asking councils to maintain a broader list of assets of community value and trying to get the new right to live up to the expectations that communities are rightly bringing forward. One thing that Power to Change has been calling for since the end of the community ownership fund is continued community ownership funding to support groups, particularly at the early stage at which groups might have a great idea for an asset but are not quite sure how to take it forward. A combination of revenue and capital funding is really important.

One of the lessons of the community ownership fund is that communities have a real ability to raise funds themselves. One of the great stories of the fund was that Government money leveraged lots of other investment, whether that was through private loans or by community share raising, where groups go out to the community to raise money from local members. Any future funding model for community ownership to sit alongside the community right to buy could be quite mixed. It could involve grant, loan and, importantly, revenue funding support and training. I know that there is mention of that in the Bill, and I am pleased to see that.

There is one final point to add, on the economic contribution of community-owned assets. Power to Change recently did some work with the 11,000 community businesses across England and found that they contribute roughly £1.5 billion in direct gross value added to the economy, which is equivalent to the solar sector, so they are important economic actors. Importantly, the economic contribution of community-owned assets sticks locally: we found that roughly 56p in every £1 circulates in the local economy, due to local supply chains, compared with roughly 40p for large private businesses. With the agenda around local growth, I see a successfully implemented community right to buy as a key driver of local growth outcomes.

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Q Thank you for setting out how we are building on the community right to bid and the additional powers that are baked in to the legislation that will generally give communities the power to take over assets. One of the things that we have done a huge amount of work on over the past decade and a bit is building the capacity of our community organisations to be in the position to do this. I am interested in your take on the relationship with the neighbourhood governance powers in the Bill and the extent to which you think that this is an opportunity to build the capacity of some of our community organisations both to take over ownership but, critically, to have voice and power to change their places.

Nick Plumb: I want to make a couple of points. It was a really interesting conversation this morning on neighbourhood governance from colleagues from parish councils and local government. Power to Change is a member of the We’re Right Here campaign, which has been campaigning for community power legislation such as some of the measures in this Bill. We are keen that the neighbourhood governance measures that are introduced through the Bill allow for local variation and for a whole range of different organisations that exist at a neighbourhood level to be a part of that neighbourhood governance arrangement. We think that one of the risks with the area committee model is that it is a prescriptive top-down model that says, “This is the way to do things,” rather than saying, “What exists already in a neighbourhood, and how do we build on that?”

One of the ideas that Power to Change has been working on and testing in place is a community covenant. We have been testing that so far in Market Drayton in Shropshire through a partnership of 20 local organisations—everyone from the local authority to community organisations to representatives from town and parish councils—on the idea of a family and neighbourhood hub. So far, the results from that work are really positive. There was some initial scepticism about a new way of working, but one of the council officers has fed back that the new approach is a real gift that has helped them to move much further and faster with their communities than they would have done if they were just doing things from the council down.

One of the calls from us through this legislation is to try not to be too prescriptive with neighbourhood governance but lean into a model that puts people on an equal footing and gives people an equal seat at the table. I will not spend too long on this, but my other point is that it is great that we have a piece of legislation with “community empowerment” in its title, and I think that community right to buy and neighbourhood governance, if done right, go some way. Power to Change and the We’re Right Here campaign would like to see community right to buy as one of several community rights. We have been calling for a community right to shape public services, which would entail involving the people who receive services from the state in the design, delivery and development of public services. That would build on provisions in the Localism Act, such as the right to challenge, and it would make that a much more expansive right.

We would also like to see a community right to control investment, which would involve certain bits of investment from central Government sitting at that neighbourhood level. Both of those rights really lean into some of the Government’s existing agenda. The plan for neighbourhoods is a real example of that. There are some questions still to be answered on what that looks like, but it could involve trusting neighbourhoods to take hold of money and think, “How do we improve our lot together?”

The right to shape public services is very in line with some of the test, learn and grow work that is happening in the Cabinet Office. We would see the community empowerment element of the Bill really living up to its name if it was the beginning of a set of community rights rather than the community right to buy tick and done.

English Devolution and Community Empowerment Bill (Second sitting)

Debate between Vikki Slade and Miatta Fahnbulleh
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- Hansard - - - Excerpts

Q You make the point about creating organisations and capacity that reflects the will and want of the people. A big part of that is diversity and representation. One of the challenges that we have had in the community sector is that it tends to be those parts of the community who have the social capital, the time and so on who are at the forefront of that. I am interested in your views on what we should be thinking about to ensure that whatever neighbourhood governance structures we create are genuinely representative and have that diversity of views and opinions to genuinely drive the will and want of the community.

Sacha Bedding: The first thing is that we have to make it accessible. I will always advocate for a community organising approach, because I think that releasing people’s agency, so that they feel that they can take action on the things they care about, is a route to that. However, whether it is asset-based community development, old traditional community development or community organising, that is where we start. We start where people are, not where we would like them to be.

If we can do that and resource that, there are thousands of people willing to roll up their sleeves and get involved where they live. I see it every day; you see it in your constituencies every day. This is not some great big secret—it is just, “Go out and ask them.” On the flipside of that, our sector, like every other sector, has been hammered for a long time, but releasing the skills and talents of local people to take action on the things they care about will answer that question.

Vikki Slade Portrait Vikki Slade
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Q I absolutely support your comment about the reopening of the community improvement fund or similar, but last week we had the Museum of Broken Dreams downstairs, which showcased some incredible projects that had failed due to various issues. This Bill is a good start, but does it go far enough? For example, it is great to see supporting assets included, but are they the right ones? What about environmental assets—places within communities for nature and open space? Would they be something you would be interested in expanding to?

Sacha Bedding: I do not work in an area of environmental concern. If there are environmental opportunities in places, the broader the scope of what we consider an asset of community value to be, the better, in my opinion. I do not think we should prescribe that it must be bricks and mortar. For us in Hartlepool, things such as long-term plans for neighbourhoods should include the sea. That is our greatest asset, after the people who live there, and every community plan could involve the sea, for example. The environmental opportunities are there; whether we can distinguish whether they are social or environmental does not matter—let us expand the scope.

However, we should also look at the right to shape public services, because too often the people who are receiving services do not have a stake in the design of those services and the right to control investment. That is a big one. I do not mean, for example, Hartlepool getting 10 nuclear modular power stations, although that is great news; I mean at the neighbourhood level, where houses can be built, or not built, as we have just heard. People should have a stake in that decision. If you want more housing built, work alongside people who live in that community now. Do not just internally exile them, flatten the houses and say, “Hard luck, son.” That is not an answer.

The more expansive the assets of community value are, the better. The opportunity to expand the community rights is there, and it makes more sense for everybody. On homelessness strategies, where people are still on the streets and we are spending hundreds of thousands of pounds, or a literacy strategy, where one in three people is illiterate and that works with cohesion, if people can bring those together, they will coalesce around a place, and they can do that far better if those rights are enhanced.

ECO4 and Insulation Schemes

Debate between Vikki Slade and Miatta Fahnbulleh
Thursday 23rd January 2025

(9 months, 1 week ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Miatta Fahnbulleh Portrait Miatta Fahnbulleh
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I will absolutely meet my hon. Friend to discuss spray foam insulation. Given the correspondence and parliamentary questions I have received on this issue, I offer to meet with hon. Members more broadly, because we need to ensure that we are listening to constituents. If the work was done under the green homes grant, we need to think about how we can get the system to respond as it should. I give that commitment to him and other hon. Members across the House who have cases in their constituencies and are worried about this.

Vikki Slade Portrait Vikki Slade (Mid Dorset and North Poole) (LD)
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I apologise to the Minister, because like the hon. Members for Shrewsbury (Julia Buckley) and for Bolton West (Phil Brickell), and my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon), I will raise the issue of spray foam. My constituent Matt was told that his house was unmortgageable with the nation’s largest building society, despite his paying extra for an extensive survey of his timbers to prove that there was no problem. He has since been forced to replace his roof at a cost of £21,000 just to get a chance to remortgage and perhaps one day sell his house. The roofing companies told him that the market is booming for spray foam removal by the very same people who put it in, which feels like exploitation. How will the Government address that, and why are Government sites still promoting and recommending spray foam insulation?

Miatta Fahnbulleh Portrait Miatta Fahnbulleh
- View Speech - Hansard - - - Excerpts

It is important to stress that the Government never recommend a particular solution. The approach that the last Government took and that we have adopted is that, in the end, people have to find the right measure for their home. We never promote any particular measure.

I acknowledge that there is a problem with spray foam, and that installers in the market are putting spray foam in properties where it is not fit for purpose. We have been doing a lot of work with colleagues at the Ministry of Housing, Communities and Local Government to respond to that point about lenders. If there are specific cases where a lender finds something problematic despite a survey saying that it was absolutely fine, please feed that through to us, as we are continuing to work with the industry on that. There should not be a blanket ban.

It is important to stress that where spray foam insulation is carried out well and is appropriate for a property, it is a good thing, but I agree that there are too many cases where it has not been carried out well and is not appropriate. I therefore extend an offer to meet. We need to think about what we will do in response. We have inherited this system, and I wish I could change the past, but I cannot. What we can do is draw a line under it. We can absolutely ensure that we reform the system so that this never happens again, and so that we can command the trust of consumers.