English Devolution and Community Empowerment Bill
I am trying to calculate the time; I hope that we have more than one speaker bobbing.
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I am trying to calculate the time; I hope that we have more than one speaker bobbing.
Marvellous. As we have four more speakers and we definitely have to finish business by 10 pm, Back Benchers are on a speaking limit of 10 minutes.
The previous Minister.
Let me begin with the title of the Bill; it claims, perhaps optimistically, to empower communities. By the end of this debate, we will see whether the Government truly intend to empower them. Community empowerment matters. I believe that my constituents and the councillors who represent them are far better placed to make informed decisions about their area than bureaucrats sitting in Whitehall. Every amendment I have tabled seeks to do one thing: empower communities. If Labour Members truly believe the Government’s rhetoric and intentions, I hope that they will support those amendments today. I will focus primarily on my amendment to introduce a statutory requirement for referendums ahead of local government reorganisation, but before I do, let me briefly highlight my proposal on cross-boundary planning. New clause 33 seeks to fix a flaw in the planning system. My constituency straddles three local planning authorities. Too often, councils place the housing that they are required to allocate right on their boundary, knowing full well that the impact on services and infrastructure will fall primarily on a neighbouring authority that has little power to do anything about it. Now, I am not a nimby. I recognise the need for better, affordable homes, but the system encourages siloed thinking. It enables councils to tick off the list their obligation to deliver housing stock, while residents living on the boundaries bear the brunt. Introducing joint planning committees for developments within specific distances of neighbouring authorities would at least bring about a dialogue that is currently absent. I ask the Minister to look at this anomaly in the planning system, so that local communities are better empowered over decisions in their area. Amendments 104 to 106 offer the greatest opportunity to empower communities. We know that the Government will press ahead with local government reorganisation, and I understand the motives behind that; there is too much waste, and often there is duplication, and this would be one way of reducing it. But if the Government want to take people with them, including my constituents, residents must have the final say on their preferred reorganised boundaries through local referendums. This is of real importance to the villages that I represent in Mid Leicestershire, where there is immense concern about being absorbed into the greater Leicester city council area. Residents in Birstall and Anstey have told me of their concerns that if reorganisation takes place and they are placed within Leicester city, they will face higher council tax. I thought that we in this place believed in the principle of no taxation without representation. Meanwhile, residents in Braunstone Town and Leicester Forest East are visibly and immensely concerned about the sad decline of Leicester city over the last few decades. After years of mismanagement, they have no desire whatsoever to see the Leicester city mayor have influence in their communities. My constituents in Glenfield and Kirby Muxloe know exactly why the mayor wishes to extend his boundaries. After declaring a housing crisis, it is obvious that he would look at sites such as the old Weston Park golf course in Glenfield to meet the city’s housing stock requirements. The city mayor knows full well that this would place the burden squarely on the villages, not the city. In conclusion, I commend the Government’s stated intention of empowering communities and reducing waste in local government. However, they should accept the amendments that I have tabled.
My constituents are very concerned about that. It is a strange anomaly. In addition, under the current legislation, councils are required to hold referendums when they wish to increase council tax beyond a certain level, so it seems very strange that the Government will not empower local communities to hold a referendum when local boundaries are to be redrawn. In conclusion, let us empower our communities to decide their own destinies.
We do need to build more homes, including more affordable homes, but they have to be built in an environmentally sustainable way. Why are Ministers, through the Planning and Infrastructure Bill, taking powers such that any planning application for more than 150 houses, if turned down by the democratically elected councillors, is sent straight to the Secretary of State? Why have local elections and elect people who know their own area to take decisions if they will simply be overruled automatically by someone whose whole mantra is “Build, baby, build and let the devil take the consequences”?
I listened carefully to the Minister’s rather Kafkaesque reply, but could I ask him a technical question? Given that the Prime Minister oversees the code and appoints the independent adviser, when the independent adviser reports, who adjudicates whether to take further action, because it could be argued that the Prime Minister has a vested interest? Should another Minister take that decision—perhaps the Health Secretary, or does he have a vested interest, too?
The Prime Minister boasted to ITV at the weekend that he had strengthened the ministerial code and the powers of the ethics adviser, and that any Minister who makes a mistake must refer themselves to the adviser. The former Deputy Prime Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner), was referred for breaching the ministerial code, so why has the Prime Minister not referred himself? It this just more Labour double standards?
Does the Minister agree that the information that came to light over the weekend seems to suggest that a very worrying bias has entered the decision-making process, and that this has cast a stain on Birmingham’s reputation as a welcoming city as well as raising serious questions about the senior leadership of West Midlands police ?
T3. The Planning Inspectorate recently overturned a decision by North East Lincolnshire council for a development of 200 houses in New Waltham in my constituency. The objections centred on highway capacity. In his report, the inspector acknowledged that the nearby roundabout was over capacity, but said that an increase from 100% to 107% capacity would make very little difference. Clearly, local residents disagree. Would the Minister acknowledge that public confidence in the process—
The independent adviser on ministerial standards is currently appointed by the Prime Minister, and it is a genuine question for the whole House whether that model is still fit for purpose. If the adviser were incapacitated or ill—it is to be hoped that will not happen to the current one—what would happen? Would we all wait for many months? Might a new model involve bringing together three ministerial advisers to the Prime Minister on ministerial standards, so that if one were incapacitated, the other two could step in, or if there were deadlock in reaching any agreement, there would be a casting vote? Clearly, having the Prime Minister appointing the individual who oversees the highest standards of integrity in public life is not longer fir for purpose.
I suspect the name of this statutory instrument is probably longer than my speech will be. I am grateful to the Minister for his words about the details of this instrument. Its intention is to bring more people who are not saving into pensions into the pension schemes. In that respect, it builds on work done by the previous Conservative Government, which I think we would all agree were 14 years of strong and stable Government [Hon. Members: “Hear, hear!”] Thank you very much. We are 100% behind this. It continues the work of the previous Government. It has the intention that we always had—to get more people saving into pension schemes. In the broader sense, it follows the intentions of the Pension Schemes Bill, which is currently passing through Parliament, and on which we disagree with one or two things. But we are in agreement on the overall thrust of this statutory instrument, so I will not trouble the Committee any longer.
Is Surrey going to get a mayor?
I will try to speak really slowly and ask not multiple questions but just the one. How much cash did David Kogan give the Prime Minister?
I support several new clauses and amendments to the Bill, but, frankly, I am fundamentally opposed to the changes it would impose on our constituents. That is why amendments 104 to 106 are so important, as well as new clause 1, which is due to be discussed tomorrow. Before strategic authorities or any other new bodies are created, the amendments would ensure that local people have the power to decide the future in their area. In Committee, the Minister for Devolution used some very creative language to ensure that councils were not being forced into reorganisation. The Minister spoke of “inviting councils” and “having a conversation” with residents, but that is doublespeak. If the Government really wanted to give councils and local people a proper say, they would pass these amendments, but I fear they will not. That refusal strikes at the heart of the contradiction of devolution. There have been lots of warm words from the Government about giving people a stake in the place where they live and in their life and transferring power out of Westminster. But this Bill, and what we are already seeing in the priority areas, keeps real decisions with Ministers and civil servants in Whitehall. In Surrey, which has already been mentioned by the hon. Member for Guildford (Zöe Franklin), we have seen the Secretary of State decree at the stroke of a pen that there will be two new unitary authorities, probably with a strategic authority on top of that, rather than three unitaries, which most councils have supported. For all the talk from this Labour Government about a bottom-up process, it is clear that no matter what existing councils decide following extensive public consultations such as we have had in Hertfordshire, new local government structures will be whatever best suits the Minister and civil servants in Whitehall.
I thank my hon. Friend for all the work he has done on the Floor of the House putting forward our case on where the Government have got it wrong on devolution. He raised an important point about the Government having instructed local councils to come up with proposals for devolution and unitarisation. There has been no choice in that, as I know from speaking to my fantastic councillors at Broxbourne council, which is Conservative led under Councillor Corina Gander. She does not want to reorganise, does not want devolution and does not want it forced on the areas that she and I represent. When I go out on the doorstep, no one has ever said to me, “You know what, Lewis? This is what we need to do in our area—we need to reorganise. We need to have an elected mayor, a strategic authority and a new massive unitary council representing up to half a million people.” No one has ever raised that with me on the doorstep, and it just goes to show that this Government are not listening to the priorities of the British people.
The council leader has fed that back to Government and the answer has been, “Tough—get on with it. This is what we are doing, and this is what we propose to happen. You have to come up with a proposal that you think works in your area, regardless of whether you want to do it.” I have spoken to many councils and council leaders across the country, and that is the message they have given us loud and clear, and that is the message I have received locally from my local council leader.
I can take the hon. Member to my constituency if he wants to see a pro-growth local council that has delivered a local plan and delivered housing. What has held us back is the fact that we do not have the infrastructure in place because of that. We have been punished; we have been a good local council and met our housing targets, yet this Labour Government are forcing more housing on us with no powers to get the infrastructure that people need. My constituency borders London, and when the Bill came out, my constituents said to me on the doorstep, “I do not want to be part of the Greater London area and to be under the Mayor of London”. We have seen the disastrous effect that devolution has had on London, and my constituents definitely do not want to be a part of that. I gently push back on the hon. Member that I do not agree with his analogy of the current state of play. If the Government really wanted to empower councils—I stray a tiny bit away from the topic—to help them improve town centres and create economic growth, they could give powers to the councils we already have. They could get on and do that tomorrow, rather than waiting for this Bill to go through the House, with all the amendments the Government put down, because this Bill is clearly not ready to receive Royal Assent. We tabled a number of amendments in Committee. It just shows that the Government have got this wrong and should go back to the drawing board.
One more time, and then I will make progress.
I do not think that the Bill does that. It enables Ministers to force councils to reorganise. It keeps power in Whitehall. It does not devolve powers to councils. I have mentioned a number of times in questions to the Ministry of Housing, Communities and Local Government that my council is crying out for more powers over the houses in multiple occupation that are affecting our town centre. As I said in Committee, a tiny part of the Bill is good and deals with the licensing of e-scooters. We all know what a scourge e-scooters represent across our constituencies up and down the country. That is the tiny good thing in the Bill, but the Government do not need a Bill to do that; they could legislate very quickly to give councils the powers to deal with that issue. Instead, we have to wait for months on end to solve a small issue through this Bill.
My hon. Friend is a passionate advocate for his constituents. We had a long discussion about that issue in Committee. I completely agree that “Isle of Wight” should be in the name of that combined mayoral authority. The Isle of Wight has a good local identity. It is important, when we create these new strategic authorities, that we take local people with us. We will not take the people of the Isle of Wight with us if we do not include such a significant community in the name of that combined authority.
As he is a Hampshire MP, I will give way to the shadow Minister.
I agree. We tabled a number of constructive amendments in Committee, and we worked across parties, with Members of all stripes, to improve the Bill and get these powers out into the community, where they can best be used. As my hon. Friend quite rightly points out, the Government would not even listen to logical arguments about how the Bill could empower local communities. As I have said, “community empowerment” might be in the Bill’s name, but it is not what is in the Bill.
The hon. Lady makes an interesting point with which I have great sympathy. We have to try to take different communities together, but we should not compare the rural county of Hertfordshire with a significant number of large towns that are not interlinked naturally by roads and railways or by people’s jobs. Lots of my constituents work in London and would never, or hardly ever, make the journey of about an hour along the A414 to Watford or Hemel Hempstead. The situation is very different. I can understand how devolution works when there is a single city centre and why in some respects it works in our towns and city regions where there is a single space, but I do not understand how it will work in practice when there are a number of towns all of the same size.
I was talking about the physical aspects of the transport currently in place, and the transport in Hertfordshire makes it very difficult for such interlinking services. The hon. Lady makes an interesting point around shared services of councils. The Government have said on a number of occasions that they have brought forward this community empowerment Bill and devolution in order to make councils more efficient and save loads of money. I do not believe it will save lots of money, for the reasons the hon. Lady has rightly pointed out: many councils already have those shared services. There are lots of councils with shared planning departments or shared audit, and indeed combined authorities also have shared back-office functions.
I completely agree with my hon. Friend. The Government must come forward on that, as we are yet to hear solutions for councils with large amounts of debt. Councils are being forced into reorganisation and to have conversations about who they want to be joined with, but some of them have no choice, because it is a matter of geography, and sometimes they might not be able to join with the partners with which they have strategic and shared services. In summary—
I will not take any more interventions, as I have been more than generous—
Oh, go on then; I will take one more intervention.
I thank my hon. Friend for that intervention. I signed his amendment, as that issue is important. It goes back to what I said at the beginning of this debate: the Bill is not ready to go any further. The Government should have thought about this. The amendment is logical and seeks to achieve what the Government want to achieve on, for example, buses; it seeks to achieve lots of the same things around other strategic transport and other active travel routes, so it should be in the Bill. It has cross-party support from both Members representing the Isle of Wight, and goes back to the cross-party working on the Bill Committee, where we put forward logical amendments that seek to benefit the strategic authority that the Government want to create in Hampshire and the Isle of Wight. The new mayor who is elected for that authority is going to have one hand tied behind their back, because he or she will not have the powers to join those communities together and really create the economic growth. I am against the principle of what the Government are trying to do in this Bill; just because they have “community empowerment” written at the top of the Bill does not mean that it will empower local communities, and I urge the Government to think again.
The last Labour Government, which was elected in 1997, established devolution and moved powers away from Westminster under the premise of a referendum result. However, this Labour Government are choosing not to undertake such a referendum. Which does the hon. Gentleman support: having a referendum or not having a referendum?
The hon. Gentleman says that the Conservatives did not have referendums on structural political changes, but we did have a referendum to change the voting system; I voted against a change. That is a prime example of the Conservatives seeking the consent of the British people for a political change.
Does the hon. Member support my proposal that councils, particularly local district councils that currently have planning powers, need more powers over the licensing of houses in multiple occupation? They cause terrible antisocial behaviour issues and parking issues right across the country, and we need more powers to stop HMOs where they are not wanted. What are his views on giving local powers to councils to stop HMOs?
Does my hon. Friend understand why my Isle of Wight constituents reject the idea of a new mayor being imposed upon them under the name of “Hampshire and Solent”, with the Isle of Wight name disappearing? My constituents do not live in the Solent. Indeed, nobody lives in the Solent other than fish.
Will my hon. Friend give way?
rose—
My hon. Friend is very kind to give way, perhaps with a little pressure from more senior Members sitting just in front of him. He poses the question of whether there is a combined area where all the unified communities link well together. Sadly, I can give an example of a forthcoming area where they do not: Hampshire and the Isle of Wight. The only link between the Isle of Wight and Hampshire is through the ferry companies which are entirely privatised, unregulated and controlled by private equity groups. This was the perfect opportunity for the Government to ensure that fare regulation was given to the mayor, so the mayor had that strategic transport authority across the whole area, but the Government have so far failed to do that, which is why I brought forward an amendment that I will speak to later. Does my hon. Friend have a view on this missed opportunity to bring ferry companies within the regulatory framework of, say, rail and buses, which is perfectly consensual among parties in this country?
My constituency is popular with tourists. In the spirit of the hon. Gentleman’s conversation with my hon. Friend the Member for Broxbourne (Lewis Cocking), I invite him to visit my constituency; I think he missed our Health and Social Care Committee visit last year. Airbnbs are a big challenge, and are detrimental to the business of some small hoteliers, who are really struggling to keep their businesses going. Can the hon. Gentleman offer a small thought on that?
The hon. Member is speaking about an important issue—that of utility companies seemingly closing roads without due consideration. Indeed, Southern Water tried to close the main road into Bembridge in my constituency from 1 December to 21 December; it did not consult with the local community, and only backed down after I intervened in my role as a Member of Parliament. It is the same for Ventnor on the Isle of Wight, so the hon. Member is speaking about a very important issue that probably affects every constituency, or nearly every constituency.
The hon. Member speaks very eloquently, and many of the issues that he is raising resonate with me and with my constituents on the Isle of Wight. We are being forced into a union with Hampshire, where 93% of the new electorate in the new combined authority will live and where some powers currently exercised by our unitary council, Isle of Wight council, will instead be exercised by someone whose largest responsibility rests with the 93% of the population who do not live on the Island. If the hon. Member cannot achieve what he seeks to achieve on the Government Benches I worry about what I might be able to achieve, but it is good to hear another voice speaking about those same issues.
I draw attention to my entry in the Register of Members’ Financial Interests, in that I am a serving Isle of Wight councillor. I want to speak to new clause 48 in my name and new clause 39 in the name of my hon. Friend the Member for Gosport (Dame Caroline Dinenage). The two new clauses seek to do similar things. I thank Members across the House who have signed new clause 48, not only Opposition Members but those on the Government Benches, as well as from the Liberal Democrats and the Greens. It is my position that this support shows that new clause 48 is an objectively reasonable amendment to seek. It is about the principle of fairness: it ensures that the ferry services that connect communities all over this country of islands connect those islands, and the communities that live close to bodies of water, including rivers, under the same fare framework that trains and buses operate under. New clause 48 sits in the following context: for generations, for decades, there has been a political consensus that train operators, whether they be state providers or private businesses, operate under a framework of regulation and licensing, and that Government have a say in how train fares and timetables are structured. The same goes for bus services. Indeed, even trains and buses in the private sector have, to a greater or lesser extent, been subsidised by the public purse. Ferry providers in this country sit outside that consensus of regulation and licensing in public transport, so there is no comprehensive regulation that sets down how ferry operators may work. That has led to my constituents on the Isle of Wight relying on privatised, unregulated, unlicensed, foreign-owned, debt-laden companies for essential travel. Those companies are so profitable that they are regularly exchanged from private equity group to private equity group, including the Canadian pension fund. That is because private equity understands that it is a predictable form of income generation, as the service users—Isle of Wight residents—have no alternative but to use the ferry companies they control. There is no effective market, as the private sector operates properly only when there is competition. However, the bar to entry into the ferry services market is so high—a company would need to buy land and ferries, and ensure compliance with all maritime law—that there is no alternative to the existing providers. I use my constituency as an example. One provider, now called Wightlink, used to be part of British Rail, when British Rail was a public service; the provider was unfortunately sold off without any obligation on it, and it is private equity investment that has benefited from that.