Miatta Fahnbulleh
MP for Peckham · Labour (Co-op) · United Kingdom
“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.”
“I hope this Bill represents the start of a journey that will fundamentally change the way that Government works and how we, in this place, serve the communities that we are here to represent; where the principle of devolution by default, underpinned by a clear framework, is locked in; where local leaders are empowered to drive economic ch…”
“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 Secr…”
“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.”
“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…”
“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.”
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“I beg to move, That this House insists on its disagreement with the Lords in their Amendments 89B and 89C but proposes amendment (a) in lieu of those amendments.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“Clause 59 Local authority governance and executives Resolved, That this House insists on its disagreement with the Lords in their Amendments 36, 90 and 155, insists on its amendments 155A to 155F and 155H to the words so restored to the Bill by that disagreement with Amendment 155, and proposes amendment (a) to the words so restored to the Bill by that disagreement.— (Miatta Fahnbulleh.) Clause 92 Commencement Resolved , That this House insists on its disagreement with the Lords in their Amendments 85 and 86, 97 to 116, 120, 121 and 123, insists on its amendments 123C to 123H and 123J to 123K in lieu, and proposes further amendments (a) to (e) in lieu.— (Miatta Fahnbulleh.)”
“Finally, I would like to thank my brilliant team of officials who have worked on the Bill—Hannah, Caragh, Guy, Jenna-Marie, Alice, John, Rachel and Wendy—as well as my private office team—Molly, Simon and Lucy—who have all done an absolutely heroic job in taking a mammoth Bill through the House. With that, I commend the Government motions to the House. Question put and agreed to .”
“I hope this Bill represents the start of a journey that will fundamentally change the way that Government works and how we, in this place, serve the communities that we are here to represent; where the principle of devolution by default, underpinned by a clear framework, is locked in; where local leaders are empowered to drive economic change and improvements in living standard across their patch; and where communities are put in the driving seat and given powers to shape the places in which they live and work. I have been clear throughout the passage of the Bill that this legislation represents the floor, not the summit, of our ambition for devolution. I look forward to working with my hon. Friends on the Government Benches and with hon. Members from across the House as we build on the provisions in the Bill.”
“The reason we are trying to support the shift in governance arrangements is to ensure that we have enduring local authorities that can fundamentally deliver. We think that we have achieved that in the concessions that we have made. Throughout the passage of the Bill, I have found it hugely heartening that there is a clear point of consensus across the House that if we are to deliver change in our communities, we must push power out into our communities, into the hands of local leaders, into our neighbourhoods and to people who know their patch best.”
“What drives us is the impact that this will have in our communities, and we have strong measures that will help us to ensure that we are putting communities in the driving seat so that they can shape their place. I hear the points made by the hon. Member for Taunton and Wellington (Gideon Amos) on local government governance. The example of Sheffield is one that many of my hon. Friends have advocated for on behalf of their communities, which is why we made the original concession. We think that we have found the right balance. We are clear that if we are to empower local authorities in the way that we want to, they need strong governance in order to make decisions for their communities that will impact on those communities.”
“I thank hon. Members for their continued engagement and their insightful debate on these issues. In the remaining time, I will respond to some of the particular points that have been made. I want to put on record my thanks to Opposition Members for the constructive way in which they have approached the debate, so that we can progress the Bill. The hon. Member for Ruislip, Northwood and Pinner (David Simmonds) and I will continue to disagree on whether this is a centralising Bill or a radical shift in power. I still fundamentally believe that the Bill marks a huge step in transferring power outside Whitehall, but, candidly, we will demonstrate that through our actions and through the impact of Bill.”
“However, the Government are not prepared to accept any of the other Lords amendments that we have discussed today—not because there is fundamentally a difference in policy, but because we are thinking about the most effective mechanism for ensuring that these policies bite. I therefore urge the House to support the Government’s position and accept the Government’s concessions.”
“We already propose updating policy to address these issues, and I have committed to reviewing the guidance, in order to help disseminate best practice. Again, there is no fundamental difference in the policy intent; we are talking about the mechanism for taking it forward. We believe that the changes that we have in train will ensure that important businesses are protected from the effects of new development. With that, I urge the House to reject the Lords amendments. The Bill has undoubtedly been improved as a result of the scrutiny in ping-pong so far, and we are incredibly grateful. We are pleased to be able to offer concessions on rural affairs, coastal communities, the power to direct a mayor, and town and parish councils.”
“We believe that our amendment strikes the right balance, alongside our commitments to reviewing and updating the guidance on community governance reviews, and to publishing a neighbourhood governance framework. While I thank my noble colleagues for their insightful comments on the “agent of change” principle, I continue to hold that the most effective way to ensure the proper consideration of that principle is by strengthening existing mechanisms. National planning policy is not wishy-washy, as some have suggested. The framework carries significant weight in the planning system, and we are already in the most ambitious period of planning reform for a decade. I recognise the concerns that have been raised with me throughout this debate, and it is clear that the principle is not being effectively implemented.”
“Central Government should not intervene and direct that any particular model of neighbourhood governance is right for a place. However, we have proposed a further amendment, building on our previous commitments. The new change requires local authorities to engage with town and parish councils where appropriate regarding parish representation under neighbourhood governance arrangements. That makes it clear that parish councils, where they exist, have an important role to play in neighbourhood governance. Again, we absolutely recognise the role of town and parish councils—I have made that point consistently throughout the passage of the Bill.”
“We continue to believe that our approach strikes the right balance between encouraging a more consistent model of governance across England’s local authorities and respecting local democratic mandates and decisions where a committee-run council has adopted its governance model more recently. We have got the balance right; we have listened and adapted, and we do not intend to go further. I invite hon. Members to reject the Lords amendment. I recognise the strength of feeling about the role of town and parish councils in neighbourhood governance. The Government have considered Lords amendments 37 and 91 carefully, and we cannot accept an amendment that would undermine the principles of autonomy and localism. The creation of new parish councils is for local authorities to decide on, based on their community’s needs.”
“The Government consider the amendment passed by the other place to be impractical, as it would undermine effective plan-making, limit consideration of local circumstances, and create inconsistency between the requirements for spatial development strategies prepared by mayors and strategic authorities, and those prepared by upper-tier county councils and unitary authorities. I therefore invite hon. Members to reject the amendment in lieu on brownfield land. Let me turn to the issue of local authority governance arrangements. We remain firmly of the view that executive models of governance—in particular, the leader and cabinet model—provide the clearest and most transparent decision-making in local government.”
“On brownfield land, the Government fully agree on the importance of prioritising the development of brownfield land. As previous stated, planning policies and decisions are, and should be made, under the national planning policy framework. It remains the right place to set clear expectations on how and where developments should come forward. I have previously set out that imposing a legal requirement in the Bill would risk undermining effective plan-making and local flexibility in supporting sustainable development.”
“For the benefit of the House, I will repeat the Government’s commitment not to commence the ministerial powers of direction to establish non-mayoral strategic authorities or expand existing strategic authorities without local consent for a period of two years following Royal Assent. This is the approach that we have taken in conversation and engagement with local authorities in order to form foundation strategic authorities, and this is the approach that we continue to take. At the same time, we have listened carefully to concerns raised by some in this House and in the other place about the backstop powers set out in schedule 1. We therefore propose removing the power for the Secretary of State to establish a mayor in an area without local consent.”
“As we extend devolution beyond the predominately urban centres of England, it is right that strategic authorities look to use the powers and funding at their disposal to support communities across a wide range of geographies, whether urban, rural or coastal. The Government are therefore prepared to accept the addition of “rural affairs” and “coastal communities” to the list of subjects included in the areas of competence. Hon. Members will know that the Government’s objective is for every part of England to benefit from devolution, and that we want this to be fundamentally a bottom-up process.”
“I am grateful for the opportunity to speak once again on the English Devolution and Community Empowerment Bill. I am pleased that we have worked constructively throughout the Bill’s passage to ensure that the Bill is as strong as possible. We have engaged in good faith with Members from across the House and incorporated their feedback. With that, I turn to the amendments that remain in scope for ping-pong. Lords amendment 2 seeks to add “rural affairs” as a distinct area of competence in clause 2 of the Bill. As I have said before, there is no difference in policy intent here; the Government’s position remains that those matters are captured in the existing areas of competence. Nevertheless, we recognise the strength of feeling that has been expressed by noble Lords in the other place.”
“Critically, we are also building the power of our communities, whether through strengthening the community right to buy so that communities can take hold of assets of community value or through the creation of neighbourhood governance so that we have a tier of local governance that ensures that communities have the power and voice to drive the change they want to see in their place and shape their neighbourhoods and communities.”
“I also remind him that his Government had over a decade to drive through wholesale, consistent devolution in the way that this Government are doing, and they did not take up that opportunity. We had a decade of slow, ad hoc, piecemeal transfer of power to our communities and our local leaders. We do not agree with that approach. In the Bill, we are doing two things. We are setting out a framework for clear economic devolution to our regions that makes devolution by default the norm and creates a mechanism by which that can happen without individual deals being negotiated.”
“I thank hon. Members for their continued engagement on the Bill and their insightful contributions to the debate. I am glad that our concessions have secured support. I thank both my hon. Friends on the Labour Benches and hon. Members across the House for their feedback and insights, which have led to these concessions— [ Interruption. ] Thank you. Since the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) piped up, I will start with him. There is the consistent theme of the hon. Member accusing the Government of making this a centralising Bill and, in a way that is becoming tradition, I must push back on that. I remind him that this is the biggest transfer of powers out of Whitehall and Westminster to our local leaders at regional level and to our communities.”
“I thank my hon. Friend for raising that question and for being a clear, consistent and passionate advocate of town and parish councils. I will pick up her point, but I want to start with her forceful and effective contribution about coastal communities and the amendments that we are proposing. The Government have heard the concerns that rural affairs will be marginalised with our new devolution framework. As we extend devolution beyond the urban centres of England, it is absolutely right that strategic authorities look to use the powers and funding at their disposal to support communities across a wide range of geographies, whether they are urban, rural or indeed coastal communities.”
“We are committed to doing our part to support strategic authorities, to ensure that they are dealing with issues from housing through to transport and the infrastructure that we need, in order to ensure that our rural communities thrive. Members across the House have our commitment that we will do that, so that local plans reflect the composition of different parts of the country, and that we are putting in place the building blocks to ensure that none of our coastal or rural communities are left behind.”
“This relates to the point that my hon. Friend the Member for East Thanet (Polly Billington) made about commissioners and the governance arrangements. We are clear that strategic authorities absolutely must think about how they drive the prosperity and wellbeing of their rural and coastal communities. The structures—and, indeed, the policy framework—that they put in place to do that will be in the gift of local leaders and the mayor. That is right, and that is the basis of devolution. What we are trying to do through the Bill—I think we have achieved it through the amendments and the existing provisions—is to ensure that there is a clear framework that strategic authorities and mayors are working towards. We as a Government absolutely recognise the important role that coastal and rural communities play.”
“I would like to put on record my thanks to the hon. Member for Mid Dorset and North Poole (Vikki Slade), who has been a consistent advocate for town and parish councils, both in Committee and in the House. Our amendment in lieu provides that regulations made under clause 60 may provide for parish councils to be represented on neighbourhood governance structures. This locks in the importance of town and parish councils within the new neighbourhood framework that we are putting in place. It places beyond doubt the expectation that local authorities should engage with parish councils about parish representation under that framework.”
“My hon. Friend is completely right. Indeed, the reason that the Government originally resisted this amendment was on that very point. Ultimately, we believed that the framework and the set of competences that we had set out were broad enough to capture the complexities of different areas with a mix of urban, rural and coastal. However, we understood the strength of feeling in the other place and we have made this concession. Now it is for our local leaders, through the context of devolution, to ensure that they come together to put in place a plan that can deal with the specifics of their area. Let me turn to the points on town and parish councils that hon. Members have raised. I have been consistent through the passage of this Bill that we absolutely recognise the importance of town and parish councils.”
“We are criticised for being centralising, and I have pushed back against that constantly. I think it would be hugely centralising to say that, irrespective of what your community wants—whether it is an area or ward forum, a neighbourhood forum or a structure that already exists—central Government think you must have this model and this model only, and that is not the approach we are taking. Yes, we recognise the importance of town and parish councils, but we ultimately think it must be left to communities and local areas to decide the right neighbourhood governance structure for them that represents what the community wants and can be the voice for the community to drive the change that they want to see.”
“I absolutely agree that communities are a fundamental level. Part of the reason we are putting in place a neighbourhood governance structure is to address the point that my hon. Friend the Member for East Thanet made, which is that at the moment the neighbourhood structure is not built within our framework for local government. We believe that communities must be empowered, and this is an important step to rectify that. Where we disagree, however, is that I think it is wrong for Government to impose on places any particular neighbourhood governance structure. It is absolutely right that it is left to local areas to decide the right neighbourhood governance structure for them. Town and parish councils exist across 80% of our geography, so in many areas they will be the default, but in other areas they may not be.”
“The hon. Member is completely right. There is a gap, and we are putting in this provision for a neighbourhood governance structure across the country to address that gap. Many areas that do not have town and parish councils will have other mechanisms in place. I point to my borough of Southwark, where we have area committees that work really well and represent the community. The key principle here, however, is that it must be for the community to determine the right structure that represents their area and can be an effective voice. We cannot and must not dictate from central Government.”
“My hon. Friend makes a good point. We as a Government are committed to putting in place a neighbourhood governance framework, and that framework will set in place the key principles. It will be a guide for what effective, strong neighbourhood governance looks like. We will put in place regulation and guidance to support local authorities as they go through the endeavour of working with their communities to put the right structure in place. We have done a huge amount of work with the sector, and have taken evidence, which has informed the principles, but one of the big messages we got from everyone across the sector is: “Whatever you do, do not dictate what this looks like; build on what exists, and ultimately leave it to communities and local areas to come up with the right model for them.” When the sector speaks, we listen.”
“I have been clear that the NPPF is the framework under which planning policy and decisions are and should be made, and it remains the most appropriate tool for supporting brownfield development.”
“We are driving forward community power—something I am fundamentally passionate about and committed to—but we have balanced that with the imperative that national Government must not dictate the structure; that must be left to local areas to decide. I would like to pick up on “brownfield first”, raised by the hon. Members for Ruislip, Northwood and Pinner, and for Guildford (Zöe Franklin). I continue to stress that the Government fully agree with, and support, the principle of “brownfield first”. There is no difference in policy intent here, and there never has been. We have demonstrated our commitment by strengthening support for brownfield development in national policy in December 2024, and we proposed further changes earlier this year.”
“We were clear that, ultimately, we would ask local areas to come forward with a range of proposals, based on a set of criteria. They have done that, and my hon. Friend the Minister for Local Government and Homelessness is judging the proposals that have come forward against the objective criteria that have been set. What we would not do—I will never concede on this point—is nothing, because that would have left local government collapsing at the very time when our communities need it to be working. I reassure hon. Members that we think that we have struck the right balance, particularly on town and parish council governance. We are clear that town and parish councils have an important role.”
“I have had this debate many times with the hon. Member. His Government were in power for over a decade and oversaw the decimation and denuding of local authorities through a sustained period of austerity. His Government saw that local authorities were not sustainable, yet did not act. It falls to this Government to recognise those failures. We care about having strong local government that can deliver services for communities. Local government reorganisation is neither easy nor fun—it is hugely time-consuming, and we know that it is a difficult endeavour for our local authorities—but it was a necessity because of the previous Government’s failure to act for nearly a decade and a half. They saw the failings and issues in local government and did not respond; we have not done that.”
“My hon. Friend is completely right: we need to build more homes. We are absolutely committed to doing that, but they have to be the right homes for communities. That is why this Government are investing £39 billion to ensure that we have the biggest boost to social and affordable housing in a generation. We must build homes that our communities can afford, and that are appropriate for our communities.”
“The amendment is fundamentally centralising, and we would be much better off trying to achieve “brownfield first”, an objective that we all agree on, through a policy that gives local leaders the flexibility to apply policy in a way that makes sense for their area.”
“We are as impatient as my hon. Friend is to get building on brownfield land, so we are working closely with all our authorities and strategic authorities to ensure that they have the power and tools to do that. We recognise that a big barrier to building on brownfield land is funding. This Government committed a record amount—£5 billion over the spending review—to supporting the remediation of brownfield sites, so that we can unlock the development that we all want. The Opposition, who are pushing this amendment, accuse us of centralising, yet the amendment would, by its very nature, remove flexibility, whereas the Bill allows our local leaders, be it at regional or local authority level, the flexibility to deploy policy in a way that makes sense for their area.”
“It makes it explicit that the decision-making policies should not be repeated in local plans and provides for these policies to bear on the system from day one. That is why we have not taken forward statutory national development management policies at this stage, although we are keeping that decision under review.”
“I absolutely agree with the points and concerns that have been raised. National planning policy exerts a significant influence on the planning system in two principal ways. Plan-making authorities must have regard to national policy when preparing development plans that form the basis for decision making, unless material considerations indicate otherwise. National policy itself is a material consideration, meaning that the NPPF can have a powerful and immediate effect on planning decisions, allowing policy changes to take effect quickly. Furthermore, the new draft framework aims to improve delivery across the planning system by setting out much clearer policies for plan making and decision making.”
“My hon. Friend is absolutely right; I could not have put it better myself. If we believe in “brownfield first”, which we do, then it has to be enabled. That requires funding, which requires political will, which we Labour Members have, but which is sadly too often missing from the Opposition. I turn to agents of change. I thank hon. Members for their contributions on the subject, particularly my hon. Friends the Members for Leeds Central and Headingley (Alex Sobel), and for Sunderland Central (Lewis Atkinson), who talked knowledgeably, articulately and persuasively on this question. I reiterate our strong reason for maintaining the view that a policy approach is best suited to addressing issues of implementation, when it comes to the agent of change. As with “brownfield first”, there is no difference in policy here.”
“He is content to meet to discuss what more can be done, but I hope that Members hear the Government when we say that we agree with the policy intent and that the national planning policy should be strengthened—we are undertaking that. We think there is an opportunity to make more progress through the local plan, and we are committed to working with local authorities to do that. We have committed to working with Members from across the House to ensure that this bites in the way that Members are keen for it to bite.”