English Devolution and Community Empowerment Bill Debate
Full Debate: Read Full DebateZöe Franklin
Main Page: Zöe Franklin (Liberal Democrat - Guildford)Department Debates - View all Zöe Franklin's debates with the Ministry of Housing, Communities and Local Government
(1 day, 6 hours ago)
Commons ChamberI call the Liberal Democrat spokesperson.
Zöe Franklin (Guildford) (LD)
It is a privilege to speak in support of the Liberal Democrat amendments to the Bill. They remain true to our party’s tradition of empowering communities, upholding democratic accountability, protecting the environment and defending the role of local government at all levels. Our amendments, numbering around 120, exist because the legislation as drafted falls short of the Government’s own declared aim for meaningful devolution. My colleagues and I on this side of the House have found ourselves needing to strengthen provisions, close loopholes, and introduce safeguards just to ensure that power genuinely flows outwards to communities, rather than upwards to centralised mayoral offices.
Before turning to the amendments, I thank my hon. Friend the Member for Stratford-on-Avon (Manuela Perteghella) for her work in Committee, and my hon. Friend the Member for Mid Dorset and North Poole (Vikki Slade) for her efforts in both the earlier stages of the Bill and in Committee. The volume, detail and quality of the amendments they presented and defended have improved the Bill and clearly reflect the seriousness with which Liberal Democrats approach devolution.
As the MP for Guildford in Surrey, I feel that it would be remiss of me not to comment on what the Government have said about decisions on local reform being led by local people and local councils. I can state that that has not happened in Surrey. The Government have: overruled local people who indicated a strong preference for option three; ignored geography, natural place and communities; and clearly stated that the decision was led solely by the financial state of Surrey, which was created by a number of Conservative-led authorities. I will leave that thought there.
As drafted, the Bill would allow the mayors of combined authorities and county combined authorities to appoint unelected commissioners over substantial areas of public service delivery, from transport to planning, economic regeneration and even aspects of social care. It is astonishing that a Bill claiming to devolve power begins by concentrating it in the hands of one individual, with the authority to outsource major public functions to people who have never faced a ballot box. This is not localism. It is not devolution. It is centralisation masquerading as reform.
Let me be clear, this is not a minor administrative detail. It is the ability to hand over control of core public services that shape our constituents’ lives to someone who has not been elected, cannot be removed by the public, and whose appointment could be based on personal loyalty rather than competence. We have seen this in the past, with police and crime commissioners, where concerns have been raised about appointments of close associates or unelected political allies to influential roles. Even the perception of that is damaging to the public’s confidence in the role. It is extraordinary that the Government would open the door to repeating those mistakes on an even larger scale.
Liberal Democrat amendment 85 would stop that from happening. It eliminates the ability to make those unaccountable appointments entirely. It guarantees that important public roles cannot be delegated to individuals chosen behind closed doors, safeguarding the integrity of devolution by ensuring power is exercised transparently and by those answerable to the public. If the Government insist on pressing ahead with this centralising model—this top-down, trust-us-we-know-best version of “localism”—then the bare minimum is democratic safeguards.
That is where our new clause 14 comes in. It ensures that an elected representative must carry out any development or delivery of policy within a strategic authority’s remit. But let me be clear: new clause 14 is the fallback; amendment 85 is the safeguard. If the Government are genuinely trying to create democratic, community-led devolution, we must not allow unaccountable commissioners to be appointed to run major public services.
Turning to environmental protections, I welcome the Government’s concession on air quality—it is a meaningful win for public health. Once again, I thank my colleagues for their work in Committee lobbying for its inclusion, and the Government for engaging so constructively and now including it in the Bill. But we are still looking for one crucial assurance from the Minister: will nitrogen dioxide be explicitly included in the provisions, not just general air quality? Nitrogen dioxide is one of the most harmful pollutants we face. It disproportionately affects children, older people and those with respiratory illnesses. I hope the Minister can offer that reassurance today.
We also tabled amendment 75, which would require a review of the financial needs of local authorities in tackling health inequalities. Devolution without actual resources is not devolution, but rather the delegation of responsibility without the means to deliver. In my constituency of Guildford, for example, the difference in health outcomes between neighbourhoods just a short distance apart is stark. Life expectancy, rates of chronic illness and access to preventative services vary dramatically. Local authorities cannot hope to address these inequalities without the right resources, data and powers. Amendment 75 ensures that those needs are properly understood and resourced.
I also want to take a moment to recognise the work of my hon. Friend the Member for Twickenham (Munira Wilson), who has re-tabled important amendments on sports provision and the committee system. I thank her for doing so, and the Government for picking up the committee system amendment.
Finally, regarding town and parish councils, for a Government who have repeatedly assured me and others of the importance they place on these levels of local government, the Bill is surprisingly silent on their vital role. We, as Liberal Democrats, have consistently proposed amendments throughout the Bill process to address that gap, safeguard their role, and ensure they are not overridden or abolished without genuine community approval. Parishes are often the tier of government closest to our constituents—strengthening them strengthens democracy—yet the Government have generally refused our amendments.
Taken together, the Liberal Democrat amendments make the Bill stronger, fairer and more democratic. They turn a framework that risks re-centralising power into one that can, if implemented properly, deliver genuine community-led devolution by: protecting against the unaccountable concentration of power; ensuring environmental and public health commitments are meaningful; and giving local communities, right down to parish and town councils, the voice they deserve. We have already seen that when concerns are raised clearly and constructively, the Government can listen, as they did with the committee system and clean air commitments, but there is so much more to be done.
If we want devolution that the public can trust and that empowers rather than bypasses communities, we must ensure robust safeguards are in place. Amendment 85 is absolutely central to that effort. It would ensure that public services cannot be handed to unelected appointees, and that accountability remains where it belongs—with the people elected by the people. I urge Members from across the House to support the amendments that I have spoken to—and, above all, to support amendment 85—so that the Bill delivers the democratic, transparent and community-led devolution that our constituents need.
I rise to speak to Government new clause 44 and new schedule 2. These provisions give powers to the Mayor of London to establish a pilot to set up a strategic licensing policy statement, which would cover sections 4 and 5 of the Licensing Act 2003. In summary, that is the sale by retail of alcohol, a licence for the “provision of regulated entertainment” under schedule 1 of the 2003 Act, and
“The provision of late night refreshment licences”—
within the meaning of schedule 2 of the 2003 Act.
I am proud to represent a borough that has some of the best licensed premises in the country. In Shoreditch, Dalston and elsewhere, we have some of the best restaurants in the world. I visited Counter 71 in Shoreditch a little while ago, and they told me how they had hit social media in Japan, which had led to a lot of visitors. If the Minister ever wants to do any outreach on licensing, she is welcome to come to my borough, where she will get the best of the best. But there are also people who chance it and try it on, so it is important that we have licensing rules that local authorities can enforce properly—and that they have the money to do so.
In Hackney, the hospitality industry is a growth area, boosting the economy in the way that the Chancellor wants to see. It is also facing pressures, as all Members will know from their own constituencies. There is a well-worn route on licensing in Hackney that is well understood. We need to support the licensing process, and ensure that there are fees available to cover the costs, while also supporting businesses and ensuring that they can do this with relative ease when they play by the rules—and if they do not play by the rules, ensure that enforcement kicks in.
It is important to lie this Bill alongside the joint industry and Government taskforce, which reported to the Department for Business and Trade on, I think, 6 November. That taskforce and its report plays into some of the proposals that are outlined in the Bill. Some of the concerns that we have in Hackney—I know other inner-London MPs share some of these—are around the potential impacts on pavement licences, which are important to support businesses that want to grow.
In covid, when there was a proposal to rapidly increase pavement licences—later solidified by the Levelling Up and Regeneration Act 2023—we learnt that there could be real issues without the proper involvement of the community, police and licensing authorities. In that case, it was a rushed process—28 days—to change the rules in the Highways Act 1980 to allow licences to the same level as were provided for internal spaces. It was an unholy alliance of inner-London MPs that managed to eventually get that ameliorated in the Lords. That legislation was done at pace during covid; we have more time to think about it now. But new clause 22 and new schedule 2 have both been tabled at quite late notice.
The length of licences is also an issue, because if licences are allowed to run on too long it can be very complicated to rescind them—it can take 12 months. Although a licence that needs a regular fee, which can be rolled over relatively easily, is a cost on the business, overall, it can be a low fee if the business behaves well. There are measures that many boroughs have introduced to ensure that those that play by the rules are treated fairly.
Although not directly related to the Bill, fees could be part of the wider debate on licensing. Some fees are very low. Temporary events notices, for example, are still £21 each; that would be £37 if they had been uprated. That is still low—barely an hour of an officer’s time. There are examples in Hackney of some licensed premises regularly putting in for temporary events notices.