Miatta Fahnbulleh

“I am pleased to speak once again on the English Devolution and Community Empowerment Bill. I thank Members from across the House for their constructive engagement in getting the Bill to this point. This Bill matters because, if we are to transform our economy, drive up living standards and deliver better public services in every community, a fundamental change is needed in the way that the country is run. This landmark Bill will deliver just that. It represents the biggest transfer of power out of Whitehall to our regions and communities in a generation. I am glad that we have found a way forward on several of the issues that we most recently discussed—namely, the role of strategic authorities and mayors in rural affairs, agents of change in the planning system, and the role of town and parish councils in neighbourhood governance. We have listened carefully to the concerns raised in both Houses on the remaining issues: the ministerial power of direction in schedule 1, the prioritisation of development on brownfield land, and the models of governance in local authorities. That is why the Government have today tabled three amendments, which I will now outline. On the question of the ministerial power of direction in the Bill, I remind the House that ensuring that every part of England can benefit from devolution remains a key objective of this Government. I repeat for the record that we on this side of the House believe strongly that the Government have a duty to drive economic growth, unlock investment and deliver better outcomes for our communities. To deny communities that opportunity would be to hold them back. That is why we originally put in place a backstop power of direction for the Secretary of State to use in exceptional circumstances—I emphasise “exceptional circumstances”—but to be clear, the approach that we are taking in practice is to work with local leaders to forge enduring local partnerships and strong local institutions with their consent. However, we have heard the concerns and strength of feeling from some noble peers about the scope of the powers previously included in schedule 1. To that end, and in the interests of not delaying the progress of the Bill and of showing that communities can benefit from the powers that we all wish to see enacted at the earliest opportunity, the Government are content to remove all powers in schedule 1 that would allow the Secretary of State to direct the establishment of a strategic authority, whether mayoral or non-mayoral, or to provide directly for a mayor of an existing non-mayoral strategic authority. In addition, I am happy to commit that the Government will not seek to use the remaining power to direct the addition of a local government area to an existing strategic authority for a period of four years following Royal Assent. It will then remain subject to all the same safeguards that have been discussed at length. As I have said consistently throughout the passage of the Bill, our policy and our practice are very clear. We are working with local leaders and we will continue to work with them to develop devolution proposals that command broad support across their area. That collaborative approach will always be our clear preference. The concessions I am making here today put that commitment beyond any doubt. I shall turn now to the issue of brownfield land. The Government consider Lords amendments 89B and 89C to be unworkable. They would undermine effective plan making, constrain proper consideration of local circumstances and introduce inconsistency between spatial development strategies prepared by mayors and strategic authorities and those prepared by other authorities. As I have previously said, national policy remains the most effective route through which planning reform can be pursued, and it is the right place to set clear expectations about where development should take place. Where concerns have been expressed about the effectiveness of existing policy, it remains too early to assess the full impact of the recent and proposed changes to national planning policy. However, in recognition of the strength of feeling expressed about inappropriately located development and to further reinforce a brownfield-first approach, the Government have tabled their own amendment. This would set a requirement in primary legislation for the Secretary of State to use existing regulation-making powers to ensure that strategic planning authorities have regard to the desirability of prioritising development on land that has been previously developed. This will put consideration of brownfield land on the same legal footing as other highly important issues that are also on the face of the legislation, such as promoting sustainable development and the impact on health and health inequalities. It will ensure that the prioritisation of brownfield land is front and centre when strategic planning authorities are producing a spatial development strategy and considering how to meet the growth needs of their area. The drafting of our amendment is consistent with national policy, making it clear that prioritising development on brownfield land is an overall objective and clearly desirable. Enshrining this requirement in legislation will elevate its importance and further solidify the Government’s clear commitment to a brownfield-first approach. I now turn to the matter of local authority governance. As hon. Members will know, the Government have set a clear default position. Councils that are currently operating the committee system and are not otherwise protected should be required to move to the leader and cabinet model within one year of the relevant Bill provisions coming into force. That remains the Government’s firm expectation. However, we have heard concerns expressed in the other place and in this House that requiring a council to move to the leader and cabinet model within a year could create challenges for some councils, their members and officers—for example, where an authority has submitted a proposal for a boundary change or merger in response to the Secretary of State’s new power to invite such proposals. The Government amendment we are bringing forward today responds to those concerns. It allows the Secretary of State to extend the one-year transition period for non-protected councils by a further year in certain circumstances. This provides flexibility where a council is already on a clear path to dissolution, so that it is not required to undertake a significant governance change that may have little practical benefit. This does not change the Government’s wider policy on local authority governance reform, but it does provide a proportionate and pragmatic safeguard in response to the points that have been raised over the pace of change. To conclude, the Bill has undoubtedly been improved as a result of the scrutiny in ping-pong so far, and I thank the noble Lords and this place for their contribution in helping us with that. We are pleased to be able to offer concessions on brownfield land, local authority governance and the ministerial power of direction. I urge the House to support the Government’s position and accept these concessions.”