Cities and Local Government Devolution Bill [HL] — House of Lords, 2015-07-13
Topic: Government Operations
William David McKenzie (Labour, Centre-left): My Lords, I start by declaring my interest as a vice-president of the LGA. I shall speak also to Amendment 2, which we consider to be consequential. In moving this amendment, I welcome the support of the noble Lord, Lord Shipley, and the LGA Throughout our consideration of the Bill there has been an explicit recognition that it is an enabling framework Bill. Specifically, it could enable, by order, the transfer of any function of any public authority to a combined authority, and for the mayoral combined authorities some or all those functions could be exercisable only by a directly elected mayor. The scope has been widened by government amendments relating to single authorities. We support those amendments and will be considering them later today. That is being supplemented by a fast-track process and by relaxations on what can qualify as a combined authority Our approach to the Bill has been supportive of its thrust—not to seek to stifle the process of devolution and the innovation that it can engender but to endeavour to understand the parameters of the Government’s willingness to devolve, to ensure that devolution is fairly available to local authorities across England and to make sure that the approach is comprehensive. As we have sought more detail, the Government have resisted being prescriptive, and the answer has always been to the effect that they stand prepared to listen to any propositions from local authorities and will evaluate them on a case-by-case basis. Nothing is seemingly off the table, there are no constraints on the capacity of the Government to respond, there is no programme with priorities, everything is possible in the best of all possible worlds, and deals are done behind closed doors with announcements at politically propitious moments When we sought to put some structure in the process and to publish a forward strategy, it was suggested by the noble Lords, Lord Heseltine and Lord Bichard, that this would give central government an opportunity and leverage to claw back some of the powers that they are about to lose. Therefore, we have moderated our approach, as Amendment 2 in particular will indicate Hitherto, the only parliamentary oversight on offer has been the affirmative process for the relevant orders and the debate in both Houses of Parliament. We know from experience that this gives restricted effective oversight. The commitment to expand the process with individual reports covering matters laid down in government Amendment 33 and related expanded provisions, is to be welcomed, but that covers only part of what is required. It addresses individual deals at the time they are made, and, when we come to discuss these later, we will explain that this will not necessarily be comprehensive. As we have seen in the case of Manchester, devolution arrangements can evolve, and not all components would require a Clause 6 order—the trigger for the Government’s additional report. Much of the proposed health devolution in the case of Greater Manchester does not appear to need the provisions in the Bill at all Therefore, the amendment calls for an overall annual report on the progress of the devolution: agreements reached, work in progress, functions transferred and resources devolved. Each year, such a report would provide the opportunity to take stock of progress across the country. It would be an opportunity to see whether and how devolution was working for different types of authorities—the counties as well as the metro cities—how devolution was shaping up in rural and coastal areas, whether all relevant authorities had been able to take advantage of similar functions, and whether devolved funding was fair. It could be a driver of best practice and would serve as a bulwark against those who might be tempted to linger in the slow lane. The annual report would be part of the process of holding government, central and local, to account in that it would shine a spotlight on them It would also be an opportunity to see progress on the devolution statements referred to in Amendment 2. This amendment was inspired by some of the comments of the noble Lord, Lord Bichard, in Committee, when he commented on the propensity of government—civil servants and politicians—to seek to constrain the process of devolution. The concern expressed was that they would seek to claw back powers through other legislation; that as we focus on this Bill there will be moves in that other legislation to prevent real devolution happening It was suggested that each piece of primary legislation coming before Parliament should have a devolution test—a devolution litmus test, if you like. The Minister who has introduced a Bill in either House should be required to make a devolution statement before Second Reading to the effect that the provisions in the Bill are compatible with the principles of devolving power to the most appropriate level. A statement itself would not, of course, directly trigger a process of devolution but would concentrate the minds of government and be a reminder that if the Government are serious about devolution, it should be the collective responsibility of central and local government and of all departments I hope the Government will accept Amendment 1 and the consequential Amendment 2 as being entirely supportive of their devolution agenda and a positive contribution to the Bill. I beg to move.