English Devolution and Community Empowerment Bill

Wendy Morton Excerpts

Monday 24th November 2025 Commons Chamber

[Miatta Fahnbulleh]

I am delighted to bring the English Devolution and Community Empowerment Bill back to the House on Report. Before I go any further, I would like to place on the record my gratitude to Members from across the House for their continued engagement on this Bill, and in particular to the Chairs and members of the Public Bill Committee for their diligent and thoughtful contributions to line-by-line scrutiny.

This Bill will secure the biggest transfer of power out of Whitehall to our regions and communities in a generation. At its heart is the principle that if we take power out of Westminster and Whitehall and place it in the hands of local leaders and communities who know their patch, we can unlock the economic potential of places, revive communities that have been held back for too long, and deliver for people in the places where they live, raise a family and work.

We will provide mayors and their strategic authorities with new powers over planning, housing, transport and regeneration so that they can get Britain building and unleash the economic potential of their areas. We will reform and rebuild local government so that it can once again deliver good local services that people can rely on, and we will empower local communities to shape their places so that they can drive the change they want to see on their doorstep.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Can the Minister assure me that the devolution of powers to our mayors—the west midlands is a really good example, because we have had a mayor for a number of years—will be accompanied by a devolution of accountability and scrutiny to local councillors and, importantly, to local communities? I fear that that is exactly what is missing and continues to be missing in this piece of legislation.

[Miatta Fahnbulleh]

Absolutely. We are very clear that with powers come responsibility and accountability. We are strengthening scrutiny powers for local government, and we will continue to look at ways in which we can strengthen scrutiny and accountability powers for mayors. We are absolutely clear that we have got to devolve power, but alongside that it is really important that local people can hold to account the institutions we are creating and building.

Since the Bill left this Chamber after Second Reading, the Government have made a modest number of amendments to ensure that it will operate as intended. To be clear, we have not introduced significant new policy; rather, we have responded to concerns raised by Members in the best traditions of parliamentary scrutiny. I am therefore confident that we are bringing a better Bill back on Report.

Today’s debate is concerned with parts 1 and 2 of the Bill, on strategic authorities and their powers, duties and functions. Many of our amendments are minor and technical, and I will therefore focus on explaining the more substantive changes we made in Committee and the further amendments we have brought forward on Report that relate to these parts of the Bill.

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[Miatta Fahnbulleh]

I will make a little more progress, and then I will give way. The Bill provides mayors of strategic authorities with the ability to intervene in planning applications of potential strategic importance and to make mayoral development orders to better support growth in their area. Those powers are currently only available to the Mayor of London. When a mayor decides that they will become a local planning authority for an application of potential strategic importance, our amendment will enable them to choose between either a written representation procedure or an oral hearing, so that applicants, local planning authorities and other parties can make representations before a final decision is made.

To be clear, we want oral hearings to continue to be an important part of mayoral decision making. Applications of potential strategic importance that a mayor is dealing with will often be significant developments with wider ramifications for the area, so it is crucial that there is an opportunity to make direct representation to the mayor. However, an oral hearing may not be necessary for certain applications where planning matters may be less substantial, such as where an application deals with a variation to an earlier permission and the planning matter has already been established. We believe that this provision, which creates options and gives flexibility to the mayor, could save up to several months, such as by avoiding an unnecessary repeated oral hearing period.

[Wendy Morton]

I am concerned that this measure will result in a railroading of planning applications, which will impact on constituencies such as mine, on the periphery of the west midlands. What specific safeguards will the Minister be putting in place to ensure that ward councillors, local planning committees and local Members of Parliament continue to have a voice? At the moment, the Mayor of the West Midlands does not even reply to my letters.

[Miatta Fahnbulleh]

We are clear that where a mayoral development order is being put in place, there will be processes and procedures that the mayor will have to set out so that people can make direct representation. Ultimately, I come back to the fact that mayors will be democratically elected. Therefore, the need to consult will be critical, whether that is with their constituent authorities in order to deliver or, importantly, with their community, who can vote them in or out. We have set out and designed this measure to allow that representation and that consultation. Ultimately, there is a democratic lock if a mayor does not abide with that engagement.

Amendments to schedule 12 remove the need for the mayor to secure the local planning authority’s approval before making, revising or revoking a mayoral development order. I reiterate, however—this is important—that this change is not an attempt to bypass local planning authorities. Mayors will still have to bring those authorities along, as they will be crucial for delivering these orders. If mayors cannot build the consent and support of the local planning authority, it will be much more difficult to deliver the development and ensure that consents and approvals go through. The Bill is about empowering mayors, because we believe that they have a democratic mandate to provide that strategic leadership. Critically, they must and will do that in lockstep with their constituent authorities.

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[Paul Holmes]

My hon. Friend is entirely correct, and, indeed, in the Bill, there are plenty of other examples—which we discussed in Committee—of the Government not genuinely devolving to mayors, local authorities and combined authorities powers that they would actually quite like, but giving them the powers that they want them to have, while taking other powers away. That is not true devolution, and the Government should look again at delivering true devolution throughout the United Kingdom.

[Wendy Morton]

Will my hon. Friend give way?

[Paul Holmes]

Very briefly, but I must then make some progress.

[Wendy Morton]

Does my hon. Friend agree that this is more of an English centralisation and community disempowerment Bill?

[Paul Holmes]

My right hon. Friend tempts me; I agree with her wholeheartedly. It is crazy that the Government are embarked on one of the largest sets of planning reforms in the country at this time. Fair funding formulas are being announced, and many planning reforms have been announced over the past few months, but the authorities concerned are being abolished and, essentially, reorganised. The way that the Government have approached their reforming agenda is topsy-turvy, and they need to go back to the drawing board.

Far from creating clarity, the Bill piles new combined authorities, new mayoralties and new boards on top of already overlapping local councils. The Government are introducing complexity at a moment when the public want simplicity—clear lines of responsibility, not an ever-changing maze of institutions—and they are doing all this while fundamentally changing planning laws. Residents should be able to know, without needing a flowchart, who is responsible for transport, planning, regeneration or housing, but the Bill fails that basic test of good governance. As I have said, there is a plethora of reforms at different stages and in different bits of legislation.

Many—I would argue—very good amendments and new clauses have been tabled by my right hon. and hon. Friends, including new clause 39, tabled by my hon. Friend the Member for Gosport (Dame Caroline Dinenage), and new clause 48, tabled by my hon. Friend the Member for Isle of Wight East (Joe Robertson), which I moved in Committee, and which would allow a mayor to benefit from the true devolution that the Government have spoken about by being allowed regulatory responsibility for ferries. Both my hon. Friend and the hon. Member for Isle of Wight West (Mr Quigley) have signed that new clause. I brought the matter up in Committee, and, to her credit, the Minister committed to ensuring that the Department for Transport would have another look at establishing the body that my hon. Friend was promised; that, I believe, has not happened yet. New clause 48 would allow mayors to ensure that they were acting, in respect of transport connectivity, on behalf of the people who elected them. I do not see why the Government are resisting the new clause, because they have allowed mayors regulatory responsibility for many areas across the United Kingdom, and not only geographically.

The Isle of Wight, which is just to the side of my Hamble Valley constituency, is a special case because of the desperate access needs of those living there. They have relied on a service that is basically being run into the ground. It charges extortionately high fares, it often has cancellations, its equipment has not been updated for a very long time, and the company has just been sold. I ask the Minister to look at giving true powers of devolution to mayors once again. My hon. Friend the Member for Isle of Wight East will speak to his excellent new clause; I hope that the Minister will look at giving mayors true powers, on my hon. Friend’s behalf and on behalf of her hon. Friend the Member for Isle of Wight West. I hope that the Minister will also consider new clause 39, tabled by my hon. Friend the Member for Gosport, which would allow water taxi services to be regulated by a mayor.

The official Opposition tabled amendments 8, 16 and related amendments. They speak to a principle that should be absolutely fundamental to our system: changes to local governance should not be imposed from Whitehall without the consent of the councils and communities they affect. The amendments would remove the ability of the Secretary of State to create a combined authority or alter its composition without the agreement of the local authorities involved.

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[Miatta Fahnbulleh]

The clear thing for authorities across the country is that they recognise the status quo is not working. Conservative Members are criticising, yet they have no alternative. The status quo is not sustainable, because we had 14 years in which the Conservatives stripped local authorities of investment and denuded their capacity, so local authorities across the piece recognise that reform is necessary. I come back to the fact that we are reforming for a purpose; we are reforming to deliver stronger services at the appropriate level so that local authorities can deliver the outcomes that their people want.

Let me take the point around devolution and resources, which the hon. Members for Glastonbury and Somerton (Sarah Dyke) and for Guildford raised. We recognise that if devolution is going to be successful, our mayors and strategic authorities absolutely need the resources to do it well. That is why a new burdens assessment will always come in place where new responsibilities are placed on devolved authorities.

Critically, where we are devolving power—for example, to our priority areas—we are providing capacity funding. The principle that we will always ensure that places have the resources they need to do the job is absolutely right, because we care as much as our mayors and the Opposition parties care that we get devolution right and that it is delivering for people across the piece.

[Wendy Morton]

Will the Minister give way?

[Miatta Fahnbulleh]

I will make progress.

The hon. Member for Guildford pushed back on commissioners, and I disagree with her amendments. I agree with my hon. Friend the Member for Dunstable and Leighton Buzzard (Alex Mayer) that mayors need to be able to bring in additional expertise to do the very hard job that we and their voters ask them to do. Commissioners will be appointed by and accountable to mayors, and they will be subject to scrutiny. They are there to bolster the capacity and expertise of the mayor. All we are doing through the Bill is allowing the flexibility for the mayor to build the right team with the right skills and expertise in order to deliver the priorities for local people.

Let me turn to the strong advocacy by my hon. Friends the Members for Vauxhall and Camberwell Green (Florence Eshalomi) and for Uxbridge and South Ruislip (Danny Beales) for the tourism levy. Our mayors are advocating strongly for this measure. They have made an impassioned and effective case, but as I said in my opening remarks, I will not pre-empt the Chancellor. Tax decisions are for the Chancellor, and we will have a Budget in 48 hours.

Let me pick up on the issue of CIL, which my hon. Friend the Member for Vauxhall and Camberwell Green and other Members spoke very powerfully about. We recognise that there is an issue here, one that needs to be addressed. We are committed to finding a solution; we will move quickly to do so, and we will set it out in due course. A number of Members also raised the question of the GLA powers, and I reassure my hon. Friend that the GLA already has an explicit power to acquire land for housing and regeneration. Existing safeguards remain in place, and the Bill does not change the current framework.