The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)

I thank the noble Baroness and the noble Lord for their questions and comments on the Statement. Your Lordships have now heard in full the Statement made by my right honourable friend the Secretary of State in the other place, and the House has raised a number of thoughtful and serious points about process, legality and democratic principle, which I appreciate. I wish now to draw together the key arguments and restate clearly why the Government acted as we did, in answer to the questions that I have been asked, and why we have now changed course. First, as noble Lords will know, this sits in a much wider programme of reform. The Government are determined to fix local government through a fairer funding settlement based on need, through devolving power out of Whitehall and into the hands of local leaders and through reorganisation designed to deliver stronger, more sustainable unitary authorities and better services for residents. It was in that context that the original decision was taken, and the Government were guided by two clear principles. First, the postponement of elections should occur only in exceptional circumstances. I repeated a number of times in this House that it would be only in exceptional circumstances and only where there is compelling evidence-based justification. Secondly, as a Government committed to devolution, we should be guided by local leaders themselves. Following extensive engagement with councils in the areas concerned, a number from across the political spectrum expressed serious anxiety about their capacity to run elections while simultaneously undertaking structural change. They warned of duplication, uncertainty, additional cost and the risk of impeding the reorganisation process at a critical phase. On the basis of those representations and on the legal advice then available, the Secretary of State concluded that statutory tests were met in 30 cases. An order was therefore brought forward using powers provided by Parliament that had been exercised by previous Governments in comparable reorganisation contexts. However, as is entirely proper, the legal position was kept under review and further legal advice was subsequently received. At that point, the responsible course was clear and the proposal was withdrawn. After reconsideration, the conclusion was that elections in the affected areas should proceed as scheduled in May 2026. A further instrument has been laid to give effect to that decision. I recognise, as the noble Lords have said, and as our friends in the other place said, that this has been a significant change for councils, and it will of course mean some additional pressures for them in making sure they are ready for elections. That is precisely why the Government acted swiftly once the new advice was received so that clarity could be provided as early as possible. We are working very closely with returning officers, suppliers, the Electoral Commission and sector bodies to ensure that elections are delivered safely and effectively. Local authorities have a strong track record of administering polls within compressed timeframes—as I know only too well from my experience—including snap general elections and by-elections, and we are confident in their ability to do so again. At the same time, our focus remains firmly on supporting reorganisation itself. Last week the Secretary of State announced up to £63 million in additional capacity funding—to answer the comment from the noble Baroness, Lady Scott—building on the £7.6 million previously provided to develop proposals. That is substantial support, and no previous Government have provided dedicated capacity funding for reorganisation on this scale. This funding is there to help councils manage both the transition and service delivery sustainably. We will continue working hand in hand with councils across the 21 reorganisation areas to progress toward unitarisation. As has been made clear, subject to Parliament, for Surrey there will be elections to the new unitary councils as planned this year. Noble Lords also raised the question of ministerial powers over the timing of local elections, and both the noble Baroness, Lady Scott, and the noble Lord, Lord Pack, asked me a specific question about the English Devolution and Community Empowerment Bill. As the Secretary of State set out in his Statement, our Bill provides an opportunity to look again at the statutory framework, and the Government are reflecting seriously on the amendments tabled and the concerns expressed by noble Lords. To respond to the noble Lord, Lord Pack, we will do that as quickly as possible. Reforming local government is not optional. Councils are the front line of the state; they shape whether communities feel they are thriving or falling behind. The public are entitled to expect better local services, and rightly so. When we received the legal advice, the Government acted swiftly. I do not pretend that this has been easy for the councils concerned—I spoke to many of them—and nor do I dismiss the disappointment that has been expressed, but responsible government requires that when the legal position changes, we respond accordingly. Elections will go ahead in May 2026. Reorganisation will continue, and we will proceed in a way that upholds both democratic accountability and the long-term sustainability of local government. I hope I have picked up the noble Lord’s questions as I have gone through. On the election pilots, as far as I know, only one council has pulled out of the pilot, but for a reason that has nothing to do with reorganisation and is a specific local issue. If that is not correct, I will respond to the noble Baroness in writing. On the question asked by the noble Lord, Lord Pack, about last May’s election, there are legal powers to cancel elections. Each situation is taken on its merit. I do not have any detail, and I could not give legal detail because this year’s is privileged information, so I do not know what the difference is. On prejudging the outcome in a Times article, I say to the noble Lord, Lord Pack, that the Secretary of State, other Ministers and I received many representations from councils about the possibility of cancelling elections, so it may be that the Secretary of State was reflecting on that rather than prejudging the extensive consultation that we carried out.