LGA Response to the English Devolution and Community Empowerment Bill: Lords Committee Stage

The LGA supports the inclusion of amendments that:

• introduce an additional strategic authority competency covering culture, tourism and creative industries
• introduce a duty on local public service partners – such as NHS bodies, police, and fire authorities – to co-operate with Strategic Authorities and principal councils
• enable mayors to collaborate across mayoral combined authorities and regional bodies to coordinate promotion of and investment in regions
• requires a Mayor with Fire and Rescue Authority functions to delegate those functions to a Deputy Mayor for Fire and Rescue
• allow councillors to decide when and how to use remote attendance.

The LGA is concerned by amendments that:

• enable the Secretary of State to allow, by regulations, councillors of local authorities to vote by proxy. 

LGA proposed changes to the Bill 

• Provide safeguards to decision-making by simple majority to:
  • remove the Mayor’s casting vote on tied decisions on Spatial Development Strategies and Local Transport Plans
  • ensure political balance in decision-making
• impose additional limitations on the use of powers available to the Secretary of State to establish and expand strategic authorities without local consent, through an additional statutory test and parliamentary oversight
• require co-production of micromobility schemes and local growth plans with constituent authorities
• safeguard and clarify the role of appointed commissioners and their potential influence on delivery of strategic authority functions, specifically public safety commissioners and the interface with Deputy Mayors for Policing and Crime
• require Strategic Authorities to exercise joint leadership with employer representative bodies in developing Local Skills Improvement Plans
• introduce appropriate fire safety governance and scrutiny arrangements
• introduce an option for councillors to attend meetings remotely
• impose a duty on strategic authorities to prepare, publish and review a Warm Homes Strategy, in partnership with local authorities
• commits strategic authorities to improving the energy efficiency of homes in their area, in partnership with local authorities.

LGA proposed changes to the Bill as amended by the Commons:

• restrict the expansion of responsibilities for post-16 education to strategic authorities, providing clarity on existing roles and responsibilities to prevent duplication of local government services
• provide additional flexibility on the requirement for councils which currently operate a committee system to move to a leader and cabinet governance model
• re-introduce legal consent from local planning authorities for Mayoral Development Orders.  

Additional messages:

• the Government now needs to come forward with a clear timetable and a commitment to support those areas not part of the Devolution Priority Programme (DPP) or home to an existing foundation or mayoral strategic authority
• this timetable should provide a framework for the wider integration of public services, including the new NHS operating model (including Integrated Care Boards (ICBs)), reform of police and crime services and commissioners, and reform of fire and rescue services to ensure there is coordination across government departments, and efficient use of local and broader public service resource and capacity to meet national ambitions for change
• as it currently stands there is insufficient financial detail in the Bill, specifically the financial arrangements relating to mayoral SAs. Clarity is needed over how SAs will be funded over the long term. Over reliance on mayoral precepts and levies risks sustainability of SAs and is predicated on whether mayors choose to enact these revenue raising powers. New powers and responsibilities must be backed by sufficient resources, but these cannot be at the expense of existing, hard-pressed council budgets.

HoL22 (The Earl of Clancarty) – Arts, creative industries, cultural services

This amendment adds the arts, creative industries, cultural services and heritage as an area of competence for strategic authorities.

LGA view: The LGA supports this amendment. It responds to recommendations made by the LGA to introduce an additional area of competence focused on culture and creative industries.

This additional competency would empower Mayors, working in partnership with constituent authorities, to identify strategic collaborations at a regional level, taking account of any sub-sector regional specialisms or strengths (such as screen industries or tourism). It is crucial that this competency complements, not duplicates, the existing duties and responsibilities held by local government. It would assist those six Mayoral SAs to invest the devolved £150 million Creative Places Growth Fund, and the Tees Valley Creative Investment Zone funding, as announced in the Industrial Strategy. Constituent authorities would remain responsible for place-based cultural strategy and delivery, tailored to local needs and opportunities.  

A mayoral competency on culture and creative industries would provide: 

• Strategic leadership and convening power.  
• Integrated place-based planning linking culture, tourism and creative industries with transport, housing, health, and regeneration. 
• Enhanced coordination of funding and investment strategies, including revenue raised through the proposed overnight accommodation levy.
• Improved evidence for decision-making and data for impact measurement.  

HoL242 (Lord Freyberg) (Tourism)

This amendment adds tourism to the “economic development and regeneration” area of competence for strategic authorities.

LGA view: The LGA has argued for a strategic authority competence which recognises tourism, along with culture and creative industries. Explicitly recognising tourism in this competency will help improve how the new overnight visitor levy is governed and delivered. The LGA supports this amendment to include tourism within the economic development and regeneration area of competence.

HoL52, HoL53 and HoL54 (Baroness Scott of Bybrook) – Secretary of State directed Strategic Authorities

This amendment seeks to probe the proposal for the new combined authority, in circumstances where it is directed by the Secretary of State rather than by the communities it is intended to serve.

LGA view: The LGA has sought to amend Schedule 1 to limit the use of the ministerial powers to establish and expand strategic authorities without local consent. The LGA seeks to insert an additional statutory test and parliamentary oversight to embed the principles included in the English Devolution White Paper (EDWP) to determine appropriate geographies for any new SAs. This includes: 

• Scale: Have a comparable size to existing institutions, enabling effective delivery of devolved functions.  
• Economies: Reflect functional economic areas, including local labour markets and current and potential travel-to-work patterns. This should include consideration of rural economies, and where travel to work areas are small and fragmented. SAs must be capable of supporting coherent economic strategies, including Local Growth Plans and Spatial Development Strategies. 
• Identity: Reflect a coherent local identity that supports public engagement and democratic accountability. Demonstrate how residents will be able to recognise, engage with, and hold to account their devolved institutions.  
• Contiguity: Contiguous across current and potential constituent councils. Where contiguity is not currently met, there must be a clear and agreed plan for achieving it through local government reorganisation.
• No ‘devolution islands’: Must not create devolution ‘islands’ i.e. areas left too small to form viable authorities or lacking natural partners. Demonstrate how surrounding areas will be integrated or supported to ensure inclusive devolution.
• Delivery: Be capable of delivering key strategic functions, including: 
  • Spatial Development Strategies, Local Transport Plans and Get Britain Working Plans.
  • Show evidence of institutional capacity and readiness to implement devolved responsibilities. 
• Alignment: Promote alignment between devolution boundaries and other public sector boundaries, including health, policing, transport and fire. Minimise administrative complexity and duplication. 

To ensure appropriate and sufficient consideration of local identity, the legislation should set out a definition of local identity:   

• 'Local identity' means the shared sense of belonging, cultural heritage, civic recognition, and geographic association experienced by residents of a defined area, which contributes to their ability to engage with, understand, and hold to account local institutions.  
• In determining the presence of local identity, the Secretary of State shall have regard to:
  • The historical and cultural coherence of the area, including recognised place-names, traditions, and community institutions. 
  • The patterns of civic participation, including local democratic engagement, voluntary activity, and public consultation responses. 
  • The geographic recognisability of the area to its residents and neighbouring communities. 
  • The extent to which the proposed governance arrangements reflect and reinforce existing local identity rather than fragment or obscure it. 

There should be sufficient parliamentary oversight for the use of such a strong Ministerial power. The LGA recommends:  

• The Secretary of State publish a geography assessment statement demonstrating how a proposal to establish or expand an SA meets the statutory test, and submit this for parliamentary scrutiny, subject to the affirmative resolution procedure.  
• Introduction of a sunset clause, to impose a time limit on the use of these powers, aligning to the government’s ambition to achieve 100 per cent devolution in England, and impose a requirement to seek parliamentary approval for any extension to use these powers. 

HoL162 (Lord Bichard) – Public Service Partners

This amendment introduces a duty on local public service partners – such as NHS Trusts and ICBs, police, and fire authorities – to co-operate with Strategic Authorities and principal councils.

LGA view: The LGA supports this amendment. This directly responds to the LGA’s ask for a statutory reciprocal duty on all public service partners to engage with SAs and constituent authorities. Without this, the duty to convene meetings as set out in the Bill risks becoming a tick box exercise without meaningful collaboration. 

HoL142 (Lord Ravensdale) – Regional Collaboration

This amendment would enable mayors to collaborate across mayoral combined authorities and regional bodies to promote the region, develop and coordinate investable propositions, cultural activities and ensure coherence across areas of competence.

LGA view: The LGA supports this amendment. A power to enable broader collaboration across regions is important to ensure coordination and best use of resource across public services, particularly where geographies are not coterminous with SA boundaries.

The LGA supports a place-based approach to services, and the success of SAs relies on councils, communities and public services working together with mayors in true partnership. 

This closely aligns with and builds on the LGA’s proposed amendment to introduce a reciprocal duty on public service partners to engage with the strategic authority and local authorities in their regions. 

HoL75 (Baroness McIntosh of Pickering) – Local Growth Plans

This amendment, connected with another in the name of Baroness McIntosh, seeks to ensure that local growth plans include provision about cultural venues.

LGA view: The LGA has called for national formal recognition of culture and creative industries via an additional strategic authority competency within the devolution framework, as outlined above. These sectors directly and indirectly drive inclusive economic growth and there should therefore be consideration of culture and cultural venues in Local Growth Plans.

HoL26 (Lord Goddard of Stockport) – Fire and Rescue Functions

This amendment requires a Mayor with Fire and Rescue Authority functions to delegate those functions to a Deputy Mayor for Fire and Rescue, ensuring governance arrangements parallel to those for policing.

LGA view: The LGA supports this amendment. The LGA has called for robust governance and scrutiny arrangements for fire services. The LGA would support enabling mayors the option of appointing Deputy Mayor for Fire or a Fire Committee to oversee decision-making. The LGA supports ensuring that there are clear, strong and appropriate scrutiny arrangements with effective powers and tools supporting the delivery of fire services with clear lines of accountability for senior officers in the service. 

OP368, OP369, OP376, OP377 (Baroness Taylor of Stevenage) – Local Authority Governance

These amendments clarify the position for councils operating the committee system so that it is only those councils that are within an existing moratorium period – arising from statutory resolution made under the Local Government Act 2000 – that qualify for the protection period.

LGA view: Currently, 38 councils have chosen to operate a committee governance system, either through a referendum or council decision; these democratic decisions should not be disregarded but should be respected, as they have been for mayoral councils. Further to this, all councils currently have the option to move to a committee system if they and their communities feel it would be beneficial for local decision-making.

The Government’s amendment to Schedule 27 as brought from the Commons, and amendments tabled by Baroness Taylor of Stevenage ahead of the Lords Committee Stage, do not go far enough to provide flexibility for councils on this issue. The provisions in this clause and schedule still require some councils operating a committee governance system now to change immediately. Additionally, for those councils temporarily protected that wish to retain committee governance after the protected period has ended, this amendment proposes a significant administrative burden and costs associated with reviews and potential referendums.

Councils using the committee system now should be allowed to retain their governance system until they or their communities choose to move to a leader/cabinet model. This approach aligns with the treatment of councils that use a directly elected mayoral model. Duplicating the approach would demonstrate parity of respect for local democratic decisions and reduce the unnecessary bureaucracy proposed in the Government’s amendment.  

HoL12 (Baroness McIntosh of Pickering) – Remote participation in local authority meetings

This amendment seeks to enable the Secretary of State to lay regulations to allow virtual attendance at local authority meetings in certain circumstances, such as individual illness or disability or adverse weather or flooding. 

HoL114 (Lord Pack) – Remote participation in local authority meetings

This amendment seeks to require the Secretary of State to lay regulations to make provision to enable councillors of local authorities to participate in meetings remotely within three months of the day on which this Act is passed.

LGA view: The LGA has called for the government to act on their commitment to introducing remote attendance for councillors. Any amendment that supports this position is welcome; however, we support councils having the right to decide for themselves when and how to utilise remote attendance.

HoL113 (Lord Pack) – Voting by proxy

This amendment enables the Secretary of State to allow, by regulations, councillors of local authorities to vote by proxy.

LGA view: The LGA does not support the introduction of proxy voting in councils; we therefore cannot support this amendment.

HoL144 (Baroness Jake) – Fiscal Devolution

This new clause would require the Secretary of State to bring forward proposals for fiscal devolution, including greater local revenue-raising powers, tax flexibility, and longer-term funding settlements.

LGA view: The LGA supports this clause. The LGA has consistently called for increased financial freedoms for local government so that authorities have the tools and resources to match their responsibilities and respond to local changes. 

HoL44 and HoL46 (Baroness Scott of Bybrook, Lord Jamieson) – Local Government Pensions

These probing amendments seek to clarify the form and mechanism through which administering authorities would be expected to put forward local investment opportunities identified within their asset pools. They aim to test how such opportunities would be presented, assessed, and communicated in practice, and whether the Bill provides sufficient clarity to ensure that any process operates consistently with scheme managers’ fiduciary duties and existing LGPS governance structures.

LGA view: The LGA would welcome further clarity on the Government’s definition of how County Combined Authorities should be “co-operating” with LGPS administering authorities scheme managers and the investment pools they work with. Further, clarity is also needed on the requirements for proposals being developed. The LGA is ready to work with government on the practical arrangements surrounding co-operation to ensure this works for LGPS administering authorities, ensures clear outcomes for places, and is aligned to parallel provisions brought forward by the Pension Schemes Bill. It is crucial that clear expectations are set to enable areas to be truly innovative. 

OP362 and OP364 (Baroness Taylor of Stevenage) – Local Government Pensions

These amendments reflect changes to the definition of an asset pool company in the Pension Schemes Bill.

LGA view: The LGA supports these amendments. This responds to calls made by the LGA for additional clarity on asset pools and ensuring there is alignment between provisions in this Bill and the Pension Schemes Bill.

The LGA has identified the following opportunities to strengthen the Bill and ensure it strikes the right balance between protecting local decision making and delivering strategic oversight across new and established devolution footprints.

Local accountability and decision-making 

Clause 6: Combined authorities and CCAs: decision-making and validity of proceedings

While the LGA recognises the need for effective decision-making, and we see the value in part in introducing more standardised voting requirements, we are concerned at the prospect of moving to simple majority voting in MSAs.

In most instances, the Government's support for simple-majority voting is predicated upon a tied proposal being taken as disagreed. However, they have set out circumstances where a mayor may be granted a second, casting vote in such scenarios: this includes Spatial Development Strategies (SDS) and Local Transport Plans (LTP). This would disproportionately impact CAs with an even number of voting members and could mean that a strategic proposal is determined with the majority of local authorities in disagreement.

We believe that there is a need for safeguards in decision-making.
To ensure that consensus is at the heart of English devolution, we are advocating for:  

• the removal of the mayor’s casting vote in instances where decision-making is tied for SDSs and LTP
• the Bill to include a review of simple majority voting after 12 months, and additional reviews at five-year intervals thereafter, with a view to amending voting thresholds where needed
• the Mayoral Capacity Fund to be at least doubled and secured as a long-term government commitment, to enable the effective delivery of overview and scrutiny functions
• where there is local support, and a need due to large population disparities between constituent councils, places to have the option to adopt weighted voting. In areas which are expected to undertake local government reorganisation, there would be review points to possibly phase out this arrangement as population disparities are addressed
• in line with their constituent local authorities, it should be left to individual combined authorities to identify an appropriate level of quoracy for Overview and Scrutiny, rather than the current prescription of two-thirds in legislation
• the language contained within existing and future devolution legislation should reflect political groups rather than political parties to recognise the vital role of independent politicians. This should reflect the language contained in the Local Government and Housing Act 1989.

Appointment of commissions 

Schedule 3: Commissioners

We recognise that the appointment of commissioners could add sector-specific value to SAs’ vision-setting. Commissioners will fulfil a significant role in new strategic authorities and should be held to the same high standards as others in public life. We welcome the government’s recent announcement on plans to legislate to reform and strengthen the standards and conduct framework for local authorities in England. Commissioners should be explicitly in scope of anticipated reforms to the standards regime for local authorities, creating a common standard of conduct and behaviour for all those in public life in local and regional government.

Whilst the LGA welcomes the safeguards set out in the Bill to enable removal of commissioners, the threshold by which the SA can agree this decision is too high. The LGA seeks to amend Schedule 3 paragraph 10, by which the SA overview and scrutiny committee and then board can recommend the termination of a commissioner’s appointment, reducing the threshold for the latter from a two thirds majority to a simple majority. This decision should be in line with other decision-making principles included in the Bill for effective governance and scrutiny.

The LGA is ready to work with government on guidance surrounding the recruitment and appointment of Commissioners to ensure robust scrutiny and accountability arrangements are in place for these roles, and also seeks clarity in statutory guidance on how commissioners will be recruited, including their selection and appointment, and scrutiny arrangements for the work of commissioners. The LGA is ready to work with government on this to ensure recruitment processes are robust.

The LGA are concerned about the name ‘commissioner’ used in the legislation, as this has negative associations for councils to the role of government commissioners appointed to take over some or all of a council’s functions when it is facing severe financial or operational difficulties. The LGA suggests a change in name to move away from the potential optics of an external expert entering an SA and usurping the role of constituent elected local leaders.

Deputy Mayor for Policing and Crime and Public Safety Commissioners
Where a mayor holds policing and crime responsibilities (PCC), they are required to appoint a Deputy Mayor for Policing and Crime (DMPC) to oversee those police functions. The Bill also permits appointment of commissioners in any “area of competence”, which includes public safety.

This raises a risk of role duplication and confusion, which could blur lines of accountability in public safety, with both a DMPC and an unelected commissioner involved in community safety or policing matters.
The LGA seeks to amend schedule 3 to the effect that where a mayor exercises PCC powers, the mayor should rely on the Deputy Mayor for Policing and Crime as the dedicated lead for police and crime matters and should not appoint an additional Public Safety Commissioner. Conversely, mayors without police authority should continue to have the option to appoint a Public Safety Commissioner to advise on community safety – but not if they later gain policing powers.

Growth and micromobility

Schedule 20: Local Growth Plans and Schedule 23: Powers to make regulations in relation to functions of SAs and Mayors

Neither the Bill nor accompanying guidance includes explicit requirements on the mayor or strategic authority to engage with constituent authorities on the development of micromobility schemes and/or local growth plans. Whilst constituent authorities are included in the decision-making process for adoption of these plans and strategies, the sector believes it is crucial local government is involved from the outset to inform their development, as experts on their areas.

The requirement to consult is explicitly included for other fundamental regional plans and strategies, including Spatial Development Strategies. Therefore, this should be replicated in Schedule 20 to apply to local growth plans. Given local government's preeminent place-shaping role, wealth of experience in driving growth, and the fact that local authorities will be responsible for delivery of many of the plan’s outcomes, mandatory co-production from the outset is vital.

Whilst specific instances related to transport and micromobility require consultation and co-production with local authorities (for example preparation of local transport plans and provision of transport infrastructure), an up-front duty included in Schedule 23 will ensure this is robust and cover all instances.

Requesting additional powers

Clause 49: Requests by EMSAs for changes

The LGA seeks to amend clause 49 to enable those strategic authorities that wish to go further and faster, taking on new responsibilities, to be able to do so. The LGA seeks to amend this clause to include a mechanism whereby EMSAs can request additional areas of competence to be added to the framework for devolution set out in clause 2. This should be included in the guidance that the Secretary of State is required to produce on the formal request process. 

Climate duties 

New clause: Environment and climate change 

The English Devolution White Paper (EDWP) set out commitments to empower SAs to act on climate change and the environment, including in helping deliver the Local Power Plan and Local Nature Recovery Strategies.  
The LGA seeks to expand the environment competency within the Bill to respond to national adaptation and mitigation ambitions and include further detail on empowerment for local action on climate change and the environment.   

The LGA seeks to transpose commitments set out in the EDWP into the EDCEB on environment, energy generation and energy systems into the Bill with similar levels of detail as included for other competencies.  

Local authorities need statutory duties and powers for local authorities, along with sufficient funding, and robust support to lead on climate action. The LGA is undertaking further analysis on the duties and developing detailed costed proposals. 

Consensus could not be reached within the Local Government Association on the issue of statutory duties and powers for local authorities, along with sufficient funding, and robust support to lead on climate action.  

In line with the LGA's governance framework, this position therefore reflects a majority view of the LGA's political leadership. Both the LGA Conservative Group and Reform UK Group are opposed to this position and voted against it when put to the LGA’s Neighbourhoods Committee.  

The future of devolution in London 

New clause: Greater London Authority decision-making 

A new clause to require the Secretary of State to establish a London Combined Board to ensure cooperation and joint decision-making between the GLA and representatives from London borough councils.
The LGA has called for a formal joint decision-making role for London local authorities within the Greater London Authority. This would enable better collaboration, better outcomes, and better value for money in public services across the region.

If you are interested in working with us to ensure the Bill better supports local and strategic authorities to improve outcomes for the communities they serve, please contact [email protected].