Local Democracy, Economic Development and Construction Bill [Lords]


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Mr. Jackson: It is a shame that the hon. Member for Liverpool, Walton (Mr. Kilfoyle) is not able to speak to his amendment; the Whips have no doubt intervened to ensure that he does other things on a Tuesday morning. I heartily concur with the views of the hon. Member for North Cornwall. I was remiss in not fully quoting from the public service agreement delivery agreement 7, which seeks to encapsulate the meaning of sustainable economic growth as
“economic growth that can be sustained and is within environmental limits, but also enhances the environment and social welfare, and avoids greater extremes in future economic cycles.”
We concur with that.
We should also not disregard the importance of the Sustainable Communities Act 2007, which had cross-party support, and in which the hon. Member for Falmouth and Camborne played a significant part. On that basis, we will support the amendment if it is pushed to a vote.
Ms Winterton: I will be very brief. Essentially, clause 70 requires the regional strategy to take account of sustainable development principles and to be subject to a sustainability appraisal. It applies to all policies in the regional strategy, and it would be superfluous to add a specific reference to land use and development. Amendment 72 would have a negligible effect, other than to make explicit what is required by clause 74(1)(a). For that reason, I hope that the Opposition will not press their amendments.
Dan Rogerson: I am not surprised by the Minister’s response. In my few years in the House, it has been usual practice for Ministers to say that the legislation covers the issue that we have raised, even if it is sometimes hard to find the key definition that we are looking for.
Mr. Paul Goodman (Wycombe) (Con): Does the hon. Gentleman agree that the Minister has been putting two arguments simultaneously? When it suits her, she has said that the duties in Opposition amendments should not be included in the Bill. At other times, she has said that it is essential that duties on local authorities are included in the Bill in extraordinary detail.
Dan Rogerson: The hon. Gentleman makes an excellent point as usual.
The Minister indicated that we should consider these matters under clause 74(1)(a), which refers to
“national polices and advice contained in guidance which has been given by the Secretary of State”.
I do not think that people will feel that that is explicit enough. That guidance may change, and there is a whole range of guidance. The issues that we are discussing, particularly with regard to climate change, are of such overriding importance that I cannot see a reason for not including our proposals in the Bill.
Mr. Raynsford: My understanding of what my right hon. Friend the Minister said is that amendment 72 was covered by clause 74(1)(a), which refers to having regard to
“national polices...contained in guidance...given by the Secretary of State”,
which is exactly in line with the thinking in amendment 72. However, will the hon. Gentleman tell me what on earth amendment 100, which inserts the word “sustainable” in line 16, does to add to the duty that we are discussing? The duty is absolutely clear and precise, and all the responsibilities in this part of the Bill are covered. The duty is not obscure or difficult to find—it is pretty clear. Clause 70 says:
“The responsible regional authorities and the Secretary of State must exercise their functions under this Part in relation to the regional strategy...with the objective of contributing to the achievement of sustainable development.”
That seems pretty clear. I cannot see what on earth the point is of adding another clause or subsection to the Bill to say exactly the same.
Dan Rogerson: The difference is that “contributing to” is fairly vague. One could contribute to the achievement of sustainable development in a fairly minor way and satisfy the provisions. The importance of these issues necessitates putting our proposals where we propose in the amendment and saying that the key purpose of any regional strategy is to secure sustainable development.
Definitions of the word “sustainable” are commonly accepted, including in the Sustainable Communities Act 2007. I would be far more comfortable and reassured if we included sustainable development as a primary purpose of the regional strategy, rather than saying, “The regional strategy is there to look at economic development. In passing, it may contribute to other issues.” That is just not good enough.
Mr. Jackson: I hesitate to speak for the hon. Member for Liverpool, Walton, who is absent, but my recollection is that he specifically told the Minister on Second Reading that he was endeavouring to include the amendment in the Bill because he had no idea of the real meaning and practical effect of sustainability in his area—the north-west. The issue is self-evident. For that reason alone, the hon. Gentleman’s amendment should stand.
Dan Rogerson: I thank the hon. Gentleman for his intervention and for those closing remarks. It is clear that there are different views across the Committee. None the less, many hon. Members feel that the amendment deals with an important principle so I wish to press it to a vote.
Question put, That the amendment be made.
The Committee divided: Ayes 6, Noes 8.
Division No. 34]
AYES
Curry, rh Mr. David
Dunne, Mr. Philip
Goldsworthy, Julia
Goodman, Mr. Paul
Jackson, Mr. Stewart
Rogerson, Dan
NOES
Cooper, Rosie
Efford, Clive
Heppell, Mr. John
McCarthy-Fry, Sarah
Raynsford, rh Mr. Nick
Stewart, Ian
Watts, Mr. Dave
Winterton, rh Ms Rosie
Question accordingly negatived.
Dan Rogerson: I beg to move amendment 101, in clause 67, page 50, line 35, at end insert—
‘(9) Prior to the regional strategy being approved for a region it must be passed by a vote at all participating authorities within the region.’.
We have discussed how agreements reached at regional level, as defined by the Government, are seen as binding on local communities by their democratically elected authorities. A similar gap has emerged with regional spatial strategies. It is clear that up and down the country, there are differences of opinion among local residents about what regional spatial strategies propose and among local authorities about what is appropriate for their areas. As local authorities are the democratically elected representatives of their areas, it would be more democratic to have a framework through which local authority members can vote on whether a regional strategy should come into force.
I am sure that the word “veto” will pass the Minister’s lips in her response because the amendment would hand a veto to individual local authorities over regional spatial strategies. However, if a democratically elected local authority feels so strongly that what is being proposed over its head for the Government’s idea of a region is inappropriate, there ought to be a means by which it can call people back to the table to enter into further negotiations to ensure that the strategy is appropriate to the needs of people across the region.
Mr. Curry: What would happen if one small council were to say no? In the south-east, there are 77 councils. The basis on which it would say no would almost certainly be pressure from inhabitants about proposed housing plans. How many would have to say no and how much renegotiation would have to take place? What would happen if the other side of the argument did not want to budge? I do not like the concept, but if we have it, we must try to make it work.
Dan Rogerson: The right hon. Gentleman is responding to the issue of a veto that I raised. Part of the problem, as he has pointed out, is how difficult it is to conceive of the south-east as a region and to set regional priorities that would be appropriate to all local authorities across the area. The amendment is what the Minister referred to earlier as a probing amendment. I wanted to prompt a discussion about what role democratically elected members of local authorities should have in approving regional strategies.
Mr. Curry: If the hon. Gentleman wants to build in a safeguarding mechanism, would it not have been more sensible to propose a weighted vote that depends on the proportion of the population of the region represented by each local authority? That is analogous to the European Union objective. That would be a forum for renegotiation, but there would have to be links between rural and urban areas to force it to happen.
11.45 am
Dan Rogerson: We could move into the type of debates that we held in our consideration of the Business Rate Supplements Bill about double key votes and those sorts of issues. However, the purpose of the amendment is to prompt a discussion about what role democratically elected members might have in the approval of the regional strategy.
The Bill sets out a role for leaders’ boards, which are an attempt to replace regional assemblies. Regional assemblies, because they are unelected and because they have all sorts of co-opted people on them, have proved to be an experiment that has not worked; the Government seem to acknowledge that with their plan for ending them. Leaders’ boards are another attempt to put in place some role for local authorities in this sector of regional planning. Again, however, they are somewhat limited.
People elect councillors in their areas in the hope that they will be able to take decisions on their behalf. The democratic gloss that has been put on this regional policy is that leaders’ boards will be in place, but people will not feel reassured that leaders’ boards are either powerful enough or sufficiently legitimate to carry out that role in regional planning. The Minister has also talked about Regional Select Committees in the past and the role that they have in scrutiny. However, the Liberal Democrats have highlighted the fact that there are weaknesses with that system too.
A number of solutions have been proposed. I agree with the Minister that ultimately the only solution is to have a democratically elected tier of regional government in areas where there is public support for that system. In passing, I could mention that there is still a petition somewhere in Downing street with 50,000 signatures that calls for a Cornish assembly which the Minister might like to look at in her new role.
We come back to our earlier debate about whether or not these regions actually work. From my point of view, I do not think that we will ever move to a stage of having democratically elected regional assemblies unless the people in each region feel that that is the region in which they belong. That is a problem that our earlier debate attempted to overcome, but I will not revisit that debate now, Mr. Amess, as I am sure that you would rule me out of order if I did so.
The amendment is a probing amendment to prompt discussion about whether or not there should be a greater role for local authority members in considering these regional strategies, because they are the people who are held to account by the electorate, as Members of Parliament are, yet neither local councillors nor MPs have a significant role in the planning process as set out in the Bill. I do not think that leaders’ boards go far enough.
Mr. Jackson: We were getting on well with the Liberal Democrats, but I am afraid that we will have to disagree with them on this issue. For the Liberal Democrats, it again comes down to their desire to square the circle. They find themselves between a rock and a hard place, because they are committed to regional government and the diktat of the European Union, which of course was the genesis of regional policy, but at the same time they have to pay lip service to the local authority, local autonomy and democracy. They are therefore trying to square the circle, by supporting a regional strategy while at the same time effectively encouraging councils to veto the regional strategy, as it is set out in the legislation.
The Liberal Democrats cannot have it both ways. Our heart is with their desire for local democracy, but the amendment is effectively a wrecking amendment, because the fact is that it is completely impractical. There are large numbers of authorities in the south-east, the south-west and other regions. Even if one accepted the Minister’s premise that business needs certainty and the capacity to make long-term decisions at regional level—a premise that has not been demonstrably proved and that will not be proved by Ministers—the amendment goes against that premise. How can that kind of long-term planning and certainty be possible when, for instance, 77 local authorities in the south-west have been invited to impose a veto? The amendment is impractical, but we are sympathetic to parts of the argument made by the hon. Member for North Cornwall. We will be sitting on our hands regarding this particular amendment.
Ms Winterton: With your permission, Mr. Amess, my instinct is that I will be able to address more fully some of the issues later, particularly the leaders’ board, which is dealt with in the next clause, and the process of approving the strategies, which is dealt with in clause 75. In the meantime, the problem with the amendment is that it would duplicate provisions elsewhere in this part of the Bill, and would fundamentally change the partnership approach, which we devised as a result of extensive consultation last year. For those reasons, I urge the Committee to oppose it.
Dan Rogerson: I said in my opening remarks that I did not intend to press the amendment to a vote: I simply sought an opportunity to raise the issue. There are serious questions to be asked about the democratic accountability of the set-up proposed in the Bill, but as the Minister says, we will discuss that at a later stage, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
 
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