Cities and Local Government Devolution Bill [HL] — House of Lords, 2015-07-15
Topic: Government Operations
Susan Williams (Conservative, Centre-right): My Lords, this amendment seeks to remove Section 9NA of the Local Government Act 2000, which currently provides that, where a council has been required to hold a mayoral referendum under an order made by the Secretary of State, and where that referendum has been successful and a mayor duly elected, the mayoral model of governance cannot subsequently be changed except by a further Act of Parliament I recognise the strength of feeling that the noble Baroness, Lady Janke, brings to this debate and her view—I do not know whether it is the view of the people of Bristol—that the people of Bristol should have the opportunity to hold a governance petition for a referendum on a change to their governance arrangements. In summary, if I have understood the noble Baroness’s arguments, she would like the people of Bristol to be in the same position as they would have been in if they had, in 2011, had a petition for a mayoral referendum, and in the resulting referendum in 2012 had voted to have a mayor Were this to be the situation, I accept that the people of Bristol could petition for and hold a further referendum at any time from May 2022 on whether to switch from a mayoral form of governance to some other form of governance. The people of Bristol are not in that situation. The situation in Bristol is that Parliament agreed that there should be a referendum on whether to have a mayor, and the people of Bristol voted to have one. Accordingly, as noble Lords will have heard me say in Committee, I cannot accept this amendment on the grounds of both precedent and principle I have spoken previously about the precedent established by the arrangements put in place for establishing the London mayoralty, whereby Parliament instigated a referendum through enacting primary legislation and the electors subsequently voted for a mayor. The arrangements were then put in place by a further Act of Parliament. There is no provision in these arrangements for the people of London to vote that they no longer want a mayor I have also spoken about the position in Bristol, where Parliament instigated a mayoral referendum under the Local Government Act 2000 through both Houses approving an order establishing a referendum and the people of Bristol then voted for a mayor. That form of mayoral governance was then established under the Local Government Act 2000. As in the case of the Mayor of London, mayoral governance in Bristol can be changed only by a further Act of Parliament. The amendment before us would mean that the electors of Bristol could, if they chose, have a referendum following a governance petition, and if they voted to end the mayoral model, it would end I have also been quite clear that, in those cases where a mayor has been introduced wholly by local choice, it is right that wholly local choice should be able to end the mayoral governance. However, in the case of Bristol, a change of governance should be by both local choice and some decision of Parliament specifically related to Bristol Following our previous discussions, I have been considering what further options there could be for properly involving both Parliament and the people of Bristol in such a decision. I do not believe the noble Baroness’s amendment would properly involve Parliament in a decision about Bristol. However, the Bill provides a means for Parliament to be involved in various ways with specific places in the course of implementing a devolution deal Clause 10 provides that, with the consent of the councils involved, regulations can be made that modify an application in particular cases of the provisions of Part 1A of the Local Government Act 2000. Among other things, this makes provision about mayors, including provisions about mayors in Bristol’s situation. As we have discussed during the passage of the Bill, any regulations under Clause 10 powers need to be approved by a resolution of both Houses of Parliament, and the intention is to make such regulations where this is necessary to implement an agreed devolution deal Accordingly, as part of an agreed devolution deal with Bristol, through its approval of Clause 10 regulations —which would provide the opportunity not afforded by this debate for full consideration of the issues for Bristol—Parliament could indicate its willingness to see the electors of Bristol have a choice through a referendum to end, if they wished, the Bristol mayoralty. Having said this, it is, of course, entirely a matter for the councils involved in any such deal to decide what powers they wish to be devolved to them and what changes in governance arrangements they wish to propose. While the Government are ready to have conversations with any area about any proposals, I cannot prejudge what the outcome might be in a particular case. On that note, I hope noble Lords will be prepared to withdraw their amendment.