Cities and Local Government Devolution Bill [HL] — House of Lords, 2015-06-22
Topic: Government Operations
Paul Tyler (Liberal Democrats, Centre to centre-left): My Lords, I mentioned that I currently serve on the Delegated Powers and Regulatory Reform Committee, and I very strongly support the committee’s recommendations to the House. I think I should apologise to the Minister, and indeed to the House, by saying that, in referring to two of the paragraphs in the committee’s report that refer to affirmative and negative process, I ought also to have referred to paragraph 61, which is much more important, and to which the Minister responded. I was very grateful for that response. I think I should put before your Lordships, and on record, the recommendation in paragraph 61: "We note that the Government have introduced the Cities and Local Government Devolution Bill, currently before this House, and that provisions in that Bill relate to the same policy area as that addressed by the LRO. It seems to us that operating in one policy area through two separate legislative vehicles, which are progressing in parallel though at different speeds, presents particular difficulties to the House in considering the combined effects of the changes proposed" The Minister was one step ahead of me because she responded to that point, and I am very grateful to her. But now, on record, both of us are clear as to what that issue was. I am grateful for the assurances that she gave It may be that, in response to the debate on this group of amendments, the Minister can give us a clear idea of the timetable for bringing together these two very important developments on comparable issues relating to devolution and local government structures I see from the department’s note to that committee that there are repeated and very welcome references to the need for democratic accountability. With that in mind, I hope that the Minister will therefore respond positively to our amendments, particularly Amendments 14 and 17, to which I now speak. My noble friend Lord Shipley has already referred in general terms to these amendments, and we think that they are extremely important. They deal, of course, with Clause 1, along with a new schedule, and go to the very heart of the Bill During Second Reading, and to some extent again today, colleagues in all parts of your Lordships’ House expressed serious concerns at what I regard as the democratic deficit inherent in concentrating powers in the hands of one person. It is that which I fear weakens the Government’s promise of improved accountability. What we seek to achieve is a level of direct democratic accountability comparable to that now enjoyed in London. I challenge Labour and Conservative Members of your Lordships’ House to argue either that the Bill provides better accountability for the people of the areas concerned than that experienced by the people of London or, alternatively, that the inhabitants of at least the first tranche of combined authority areas up in the north do not deserve the same level of democratic accountability. It is surely patronising and divisive to say that what is needed for London is not needed outside London. Certainly, that is not in the spirit of effective devolution. Our amendments are designed to adapt the now well-established governance system, bringing together citizens, boroughs, an Assembly and a mayor for London to make it appropriate for these new authorities Earlier, the noble Lord, Lord Brooke, explained with what care and huge scrutiny and attention the legislation for London was considered. All those who have looked again, as I have, at the requirements for the Greater London Authority and for the mayor, will recognise that that was indeed an important parliamentary exercise. I certainly agree with the noble Lord that we should examine it with care Amendment 14 simply articulates the principle that there should be an assembly in each of the mayoral combined authorities. It provides for each local authority area that makes up the combined authority to contribute five directly elected assembly members to the total. This would mean that a combined authority with only two constituent councils would have a small assembly of only 10. A large authority would have a larger assembly. But in view of the comments made earlier, for clarity, I should explain that we have at this stage not ruled out additional representatives indirectly appointed by constituent authorities. However, this is just one option for further discussion. Each assembly member, properly elected, would be a member of the combined authority in their own right Amendment 17 takes the Committee through the detailed arrangements for the way in which these assemblies would work. As the Committee would expect of an amendment from these Benches, we would provide for members to be elected by the single transferable vote. It also provides that all those entitled to vote in the election for mayor would also be entitled to vote in the election for assembly members. Most critically, this new schedule seeks to mirror the accountability arrangements set out in the Greater London Authority Act for assemblies to hold mayors’ feet to the fire—to hold them effectively to account Members of this House who have been members of the Greater London Assembly would certainly tell us that its current functions should be strengthened. I agree, not least in relation to budgets—I know that my noble friend Lord Tope certainly takes that view, too—yet the provisions in the GLA Act are so much stronger in terms of accountability than anything the Government are currently proposing in this Bill. If the Government are at all serious about accountability, therefore, these provisions must be the starting point for holding mayors accountable for what they do on behalf of the wider community. The GLA arrangements would give statutory rights, for example, to assembly members to ask questions of the mayor and senior employees of the authority and have them answered. They would also provide for the assemblies to set up committees and these could be particularly important in relation to, for example, the PCC powers that the Government wish mayors to take on The Minister must have before her a brief setting out manifold technical difficulties and reasons for resisting this attempt to make a simple, easy-to-read-across between these authorities and the GLA, so I should say up front that we do not say that our drafting is the last word—of course it is not. It is merely the first word. That is why we have a parliamentary process. That is the whole point of having Committee followed by Report and Third Reading. But Sections 50 to 65 of the GLA Act should be recommended reading for all of us if we are looking for some sort of template for how to ensure that the combined authorities are accountable and therefore capable of taking on greater power. The tried and tested clearly gives a real advantage in terms of empirical evidence, compared with just simply hoping for the best In summary, this set of amendments seeks to give full expression to the Government’s declared intention to provide the effective exercise of new responsibilities and powers in a way which is answerable to the local population of the area concerned. It gives practical expression to the local democracy initiatives set out earlier so eloquently by the noble Lord, Lord Heseltine. It is surely essential to address this; otherwise, the development of the policy as set out in the Bill is not going to be popular and will fail in terms of democratic accountability. Irrespective of how the overview and scrutiny committees are constituted or chaired, they would certainly not fulfil the Government’s promise to make the combined authority, "democratically accountable to local people" Without the tried and tested assembly system to provide effective accountability, we are indeed in danger of creating new one-party states, as my noble friend Lord Shipley put it earlier, with the mayor, the deputy mayor and a vast majority of indirectly appointed members of the combined authority from the constituent authorities, all of the same political persuasion. Without the safeguards in our amendments, your Lordships’ House will be conniving at the creation of new elective dictatorships—new rotten boroughs, if you like This solution will be particularly appropriate for areas like Norfolk, to which the noble Baroness, Lady Hollis, referred, and indeed to my erstwhile area in Cornwall. That is because if we move beyond the first tranche of combined authorities, areas such as those would expect a degree of democratic accountability. I am delighted to see the noble Lord, Lord Sherbourne, in his place, as indeed he has been throughout our debates today. He made a very important contribution in the debate on Second Reading. He referred to, "the need for transparency and public scrutiny" He continued: "the Bill could lead to a concentration of power in the hands of one political party. We have seen all too recently—I am thinking of Tower Hamlets—what can happen when too much power is put in the hands of one person without effective scrutiny.—[Official Report, 8/6/15; col. 707.] I agree entirely, and I hope the Minister will too. She has said this evening that her aim for this legislation is strong and accountable democracy. I agree with that as well, but I do not see it in the Bill as it stands, and therefore I beg to move.