Baroness Taylor of Stevenage:

Moved by Baroness Taylor of Stevenage

39: After Clause 2, insert the following new Clause—“Reports: local authoritiesA Minister of the Crown must publish guidance for county councils, unitary authorities and combined county authorities to publish annual reports on the delivery of levelling up missions.” Member’s explanatory statementThis means that a Minister of the Crown must publish guidance for county councils, unitary authorities and combined county authorities to publish annual reports on the delivery of levelling up missions.

My Lords, I am assuming, optimistically, that local government will be a key partner in levelling up; I hope that is the case. It is therefore a bit disappointing that we had so little knowledge among us about the Spatial Data Unit, the deep dive team and the Levelling Up Advisory Council. I hope that we can put that right as we go through the Bill.

In speaking to these amendments, I hope that the wording of Amendment 39 has not caused consternation among my local government colleagues. If it has, they can blame my inexperience in your Lordships’ House for that. It was certainly not intended to represent a burdensome, bureaucratic reporting process; I have had plenty of those in my time as a council leader.

My point in tabling the amendment was to reflect our overall concern that it is currently difficult to determine from the Bill what mechanisms will be introduced to enable the effective monitoring and management of levelling up, either between government departments or by consolidating the actions of local government with what happens in government departments. I have suggested that guidance be published for the exact opposite reason than burdensome bureaucracy: to give local government clarity about how we would contribute to that monitoring mechanism. That is Amendment 39.

My second amendment in this group refers to the perceived gap between the planning framework and the levelling-up missions. If the two do not correlate, we will once again be in a position where what happens in the day-to-day business of local government is in danger of being disconnected from the overall aim of levelling up. For example, the noble Baroness, Lady Fox of Buckley, referred earlier to the critical role that housing delivery can play in levelling up and my noble friend Lady Young spoke about the importance of the environment. Planning can certainly help tackle poverty of environment. The last example refers to the earlier comments from the noble Lord, Lord Lansley, about the ability of planning to provide the framework to drive local economies. These are vital issues for levelling up. My second amendment is a probing one designed to determine both how that will be done and how the link will be made between the National Planning Policy Framework and the levelling-up missions.

Amendment 55 reflects my experience in local government, where there are always additions—they are generally helpful but sometimes are not quite so helpful—at the end of reports on legal, financial and equalities issues, climate change et cetera. The wide-ranging nature of levelling up means that it stretches right across government, and the business of local government is not necessarily an easy fit with government departments. It has been interesting for me since I came to your Lordships’ House to see that adult social care, for example, which is very much part of everyday local government life, does not sit in the local government department in central government but sits with health and social care. I have a big domestic abuse unit in my council in Hertfordshire; that sits very much with the Home Office in central government. There is not always an easy link so part of the mechanism to ensure that the Bill is considered properly as legislation goes through should be that those impact assessments refer specifically to how legislation reflects the aims of the Bill. Of course, in this case, I am thinking specifically of local government legislation as it comes forward.

I beg to move.

My Lords, the noble Baroness, Lady Taylor of Stevenage, has raised some significant points in her amendments in this group. The first is to include in the Bill the engagement of local authorities in reporting on levelling up in their areas. My noble friend Lord Shipley said in our debate on the previous group how there has been an obsession in government, from Governments across the decades, with ruling England from Westminster and Whitehall down to minute areas of decision-making. Certainly on this side of the House, we believe that local people and their locally and democratically elected representatives are best placed in this context to determine what areas within their council boundaries would best benefit from the levelling-up missions and funding. They would also be able to report on them because they have a depth of understanding and data that would help to make clear what progress has or has not been made.

That is a point well made, as is the point that the National Planning Policy Framework, which is currently in review, will relate to many of the missions in the Bill. Are we going to build new homes that are car-reliant or will we ensure that they can access public transport? Are we going to make them safe places in a safe environment for housing? Is there going to be in the framework allocation of land so that businesses are in appropriate places and are accessible for people who want jobs? All of that means that that is a very important point well made. No doubt it will be pursued at later stages of the Bill.

My Lords, this group of amendments tabled by the noble Baroness, Lady Taylor of Stevenage, looks at the role of local government and the National Planning Policy Framework in delivering levelling up.

First, Amendment 39 would mean that county councils, unitary authorities and combined county authorities would publish annual reports on the delivery of levelling-up missions. I hardly need to re-emphasise that local authorities and local leaders have a crucial role to play in levelling up places across the UK. Empowering local leaders, including through agreeing devolution deals and simplifying the funding landscape, is a cornerstone of the levelling-up agenda.

This principle of empowerment is absolutely critical. Noble Lords have tended to criticise the Government for any suggestion of the centre telling local authorities what to do; writing this amendment into the Bill might appear to do just that. Having said that, many organisations outside central government, including All-Party Parliamentary Groups, academics, business bodies, think tanks and local organisations, have been debating and scrutinising the levelling-up agenda and how it could be taken forward in particular areas of the country; I have no doubt that they will continue to do so. The provisions on reporting in the Bill will further enable such independent assessment and thinking but requiring local authorities to report in this way, as I think the noble Baroness herself recognised, would surely be disproportionate and unnecessary.

Amendment 55 would mean that a Minister must publish a report on the impacts of this legislation on local government and a strategy to consider how this part of the Bill will impact local authorities through future legislation. The new burdens doctrine, established and maintained by successive Governments, requires all Whitehall departments to justify why new duties, powers, targets and other bureaucratic burdens should be placed on local authorities, as well as how much such policies and initiatives will cost and where the money will come from to pay for them. It is very clear that anything which issues a new expectation on the sector should be assessed for new burdens. As the Government develop new policies to deliver against their levelling-up missions, they will fully assess the impact on local authorities and properly fund the net additional cost of all new burdens placed on them. Therefore, this provision already ensures that the Government must properly consider the impact of their policies, legislation and programmes on local government and fully fund any new burdens arising.

Amendment 54 would mean that a Minister must publish draft legislation for ensuring that the National Planning Policy Framework has regard to the levelling-up missions. Although it would not be appropriate to legislate to embed the levelling-up missions in planning policy, the levelling-up missions are nevertheless government policy. Planning policy to achieve these will be a relevant consideration when developing local plans and determining planning applications.

The department is currently consulting on updating the National Planning Policy Framework. The consultation document was published in December 2022 and the consultation is due to close in March 2023. It sets out a number of areas where changes to national planning policy might be made to reflect the ambitious agenda set out in the levelling up White Paper, and invites ideas for planning policies which respondents think could be included in a new framework to help achieve the 12 levelling-up missions in the levelling up White Paper. The department will respond to this consultation by the spring of 2023 so that policy changes can take effect as soon as possible.

In summary, I suggest that these amendments, though well intended, are unnecessary. I hope that the noble Baroness will feel able to withdraw her Amendment 39 and not move Amendments 54 and 55.

My Lords, I am very grateful to the noble Earl for his thoughtful response. On the first amendment, Amendment 39, I explained that I thought that perhaps the wording was a little confusing. I did not intend to impose a burdensome doctrine on my colleagues in local government; I do not think that they would have forgiven me if I had done that—I want to walk out of here unscathed. I think that is really important. However, it is important that local government understands what its role is going to be in measuring and monitoring the success or otherwise of the levelling-up missions. I will withdraw my amendment, but I hope that Ministers will consider how local government is going to take part in that essential exercise of determining whether the levelling-up missions have been successful and, just as government departments are going to have to pull that together, how local government will be required to do so.

In relation to the second amendment, Amendment 54, I understand that the National Planning Policy Framework is being revised at the moment. I hope that it will be revised with the levelling-up missions embedded in it, because that will help clarify matters for local government. When we get legislation coming forward without the documents to support it, it is difficult to say whether that is going to happen. I hope we will get the opportunity to have good scrutiny of the National Planning Policy Framework when it comes forward so that we can make our decision at the time about whether it actually works in terms of having a countrywide set of levelling-up missions.

On the last of my amendments, Amendment 55, it is always good to hear that financial aspects are being taken into account. I understand all about the new burdens funding—which, I have to say, sometimes works and sometimes does not in practice—but that was not exactly the point that I was making. I was referring to how local government contributes to those missions. We have the Levelling Up Advisory Council, which I presume is going to draw together the work of different departments and how they contribute. My point was about how we make that assessment as legislation is issued and how that legislation contributes to the missions. If this is to be the biggest change we are going to have across local government, then surely it is important that any legislation coming forward talks about the contribution that it is going to make. Of course, it will need funding, and I would welcome new burdens funding for new challenges that it brings with it, but we also need to understand how it works in terms of new legislation that will come forward. I am grateful to the noble Earl for his response.

Amendment 39 withdrawn.

Clause 3: Reports: Parliamentary scrutiny and publication

Amendments 40 and 41 not moved.

Clause 3 agreed.