Contribution
My Lords, it is a funny thing when the unelected House of Lords has to regret the cancellation of elections. Democracy is the foundation stone on which the fabric of our nation is built. It is not to be carelessly discarded and requires the most careful consideration. I accept that general elections are far more important than most, but local elections are not any less valuable in shaping the local doorstep issues that people value the most in their towns, villages and cities. I am a councillor, and a veteran of many local elections, so I know more than most how they keep councillors on their toes, and refresh and reinvigorate those councils.
I accept that elections have been cancelled before—under the Local Government Act 2000 and in special circumstances such as Covid or foot-and-mouth. Those are truly exceptional circumstances, mostly in cases of national emergency where all elections in all areas are cancelled, but that is not the case here. We are not cancelling elections in an emergency, where Section 87 of the Local Government Act 2000 is engaged. No, this is a case of devolution and local government reorganisation, where, last week, the Minister in the other place could give no assurance that the process would be complete even in this Parliament, by 2029. Time is clearly not of the essence, so what is the rush today?
When the Secretary of State wishes to move the local government deckchairs around the deck, Parliament has determined the process to be followed in bespoke legislation: Section 7 of the Local Government and Public Involvement in Health Act 2007. It lays out in excruciating detail the particular processes, statutory tests and consultation requirements that must be engaged before elections can be cancelled in local government reorganisations. I am grateful to the Library for all the research it has done on this.
The Government say that they are following the precedent set in 2021, when Somerset, Cumbria and Yorkshire were reorganised, but they are wrong, and I will explain why. Back in 2021, the process started in October—fully seven months out from the proposed elections. Back then, all principal authorities and other interested parties were invited to make proposals. Those proposals resulted in the number that came forward, and Members of Parliament and the public were fully engaged. Later that February, the Government expressed a preference in a well-defined timetable and laid orders and cancelled the elections, following the process established by the Labour Government in 2007.
Let us contrast that with this time. This time, the majority of the cohort of principal authorities were excluded from the discussions, as the Minister will know. Only about 30 of the 200 or so principal councils affected by the proposals were engaged before the Secretary of State made her decisions. How does she justify that? Invitations were circulated to those 30 or so councils, mostly the county councils, to endorse the concept of a mayoral devolution, with carrots—nods and winks—to agree that they would cancel their elections. There was no public consultation. Consider for a moment the conflict of interest in asking the councils facing elections whether they would like to cancel those elections without asking the other principal authorities what they thought of the idea, to say nothing of asking the public what they felt. In January, 18 of the councils wrote to say that they would quite like to dispense with those elections in exchange for a connivance on the mayoralty and, oh yes, early LGR.
I am reminded of my noble friend Lord Pickles, who is no longer in his place. He told me, as a young council leader, “If you don’t trust the folks, don’t go into politics”. So in February, when the Secretary of State said that nine of them had got lucky, if that is an appropriate phrase for denying electors their democratic right, it was announced that their elections would be cancelled. You have to feel for the 10 that were suckered into asking for cancellation but got the mayor anyway.
The Government have wilfully conflated two separate, albeit linked, ideas: devolution and the creation of a mayor; and LGR and the abolition of councils. We were told that the population size for the new councils would be at least 500,000, with no upper limit. We now learn from the Minister that the figure is between 350,000 and 500,000, with the possibility that 500,000 may just be the average within a territory. The 30 councils that connived were misled and entered into the process on a false prospectus. They were suckered. Councils and mayoralties are different. You do not speed the creation of one by cancelling elections to the other. That exposes the dishonesty of the Government’s approach and is why we are right to regret their actions.