3. Debate: Stage 4 of the Local Government and Elections (Wales) Bill

– in the Senedd at 3:17 pm on 18 November 2020.

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Photo of Elin Jones Elin Jones Plaid Cymru 3:17, 18 November 2020

(Translated)

The next item is the debate on Stage 4 of the Local Government and Elections (Wales) Bill. So, don't sit down, Minister, please, you are putting forward this motion. So, Julie James.

(Translated)

Motion NDM7486 Julie James

To propose that the Senedd in accordance with Standing Order 26.47:

Approves the Local Government and Elections (Wales) Bill.

(Translated)

Motion moved.

Photo of Julie James Julie James Labour 3:17, 18 November 2020

Diolch, Llywydd. I move the motion.

I would very much like to begin by thanking the Chairs and members of the Equality, Local Government and Communities Committee, the Legislation, Justice and Constitution Committee and the Finance Committee, as well as other Members who've contributed to the scrutiny of the Local Government and Elections (Wales) Bill. I'm also really grateful to all the stakeholders who responded to the consultations on both the White and Green Papers, which informed the Bill, and those who contributed evidence to the scrutiny process. I'm especially grateful to all those in local government who have worked with me and my officials to agree a shared vision for the future and to jointly develop solutions to the challenges they face, which have shaped the final Bill. Lastly, Llywydd, I would just like to pay tribute to the Bill team and the officials in Welsh Government, who've absolutely worked their socks off in supporting the Bill through its very many iterations. It's a year to the day that we introduced the Bill to the Senedd, very nicely.

So, I do acknowledge that the provisions in this Bill have been a long time in the making. The proposals for reforming local government have been subject to much detailed discussion and consultation. It may well have taken several years to get to this point, but I believe we now have a Bill that will deliver effective reform that has been designed with local government.

The Local Government and Elections (Wales) Bill, which was introduced to the Senedd exactly a year ago to the date, provides a broad package of reforms. These include a general power of competence for principal local authorities and eligible community councils and a new performance and governance regime for principal councils. The Bill provides increased opportunities for public participation and transparency in local government to give more power to local people. It includes measures to encourage greater diversity amongst office holders and members in principal councils, such as those relating to job sharing, remote working and family absence.

The Bill will enable corporate joint committees to be established by regulation. These will bring more coherence to regional governance arrangements; they will strengthen local democratic accountability by ensuring that it is local elected members making decisions together about local government services, delivering for people and communities across Wales. 

Consultation on the establishment regulations is currently under way until 4 January, and I very much welcome Members' views on those regulations.

The Bill will also improve the electoral arrangements for local government. This includes the extension of the franchise to 16 and 17-year-olds and to foreign citizens legally resident in Wales, allowing them to have a say in how their communities are run. This reflects the rights of 16 and 17-year-olds and qualifying foreign citizens to register and vote in Senedd elections.

The Bill will reform the legislation relating to local government finance, including national non-domestic rates and council tax and strengthen and modernise the operation of local government over a range of miscellaneous matters.

In summary, this Bill will enable us to implement our proposals for strengthening and empowering local government in Wales. It will build resilient and renewed principal and community councils, providing them with better tools to work with each other and with us, their communities, and across all sectors to reconstruct Wales in the light of the coronavirus pandemic. I urge all Members to support this Bill. Diolch.

Photo of Mark Isherwood Mark Isherwood Conservative 3:20, 18 November 2020

Corporatism is the theory and practice of organising society into corporations subordinate to the state. It is this approach that has been holding Wales back since 1999, swamping localism and thereby shackling social entrepreneurship and community innovation. This Bill, which could have driven the changes needed, has instead become a missed opportunity. In any body or organisation, top-down leadership blocks the change needed in the way that people, organisations and systems relate to one another, when all concerned should instead be elevating the voices and wisdom of people and communities, recognising that creativity, ingenuity and imagination are widely distributed amongst the population. National and local government should be developing and releasing that potential towards common goals.

In its statement today, on a framework for regional investment in Wales, the Welsh Government states that the Cabinet has agreed to transfer as much decision making and prioritisation to local areas and regions, quote, 'as possible', but then adds that their intended mechanism is the proposed corporate joint committees under this Bill. However, the Minister gave the game away during the debate on Stage 3 of this Bill here last week. As I then stated, given their role in terms of regional infrastructure and economic development, the ability to allow Welsh Ministers to mandate the creation of corporate joint committees also undermines the internal devolution and local partnership working established in areas by bodies such as the North Wales Economic Ambition Board, a coalition involving both Governments, all six north Wales councils, business and academia.

However, whilst acknowledging that principal councils have a wealth of experience in delivering economic functions, including at a regional level, through, for example, the city and growth deals, the Minister then stated that she is hoping that regions will transition their current regional arrangements into the corporate joint committees, once established. But the corporate joint committees are required, under the Bill, to have regard to any guidance that we Welsh Ministers issue in respect of their operations, including their functions, and that the Welsh Ministers will also be able to place limitations on the exercise of the economic well-being function through regulations. This therefore either misunderstands or undermines the key issues I outlined earlier, where the success city and growth deals, or any other local or regional initiatives, depends upon the seeds being planted and nurtured locally.

Effective leadership is about being respectful to others, about unlocking their innate strengths and about being able to delegate. However, throughout her responses during previous Stages to this Bill, the Minister has stated her personal belief in proposals within this Bill, which are directly contradicted by the evidence provided by the expert bodies working in the relevant fields, and then led her party to defeat all our associated amendments.

Dismissing international good practice, she rejected the minimum residency requirements before foreign citizens can vote here. Dismissing the Electoral Reform Society, she rejected a requirement for politics and democracy in Wales to be taught in all Welsh schools. Dismissing academics, she rejected provision to ensure that individuals are not automatically registered on the open electoral register, impacting those individuals who have purposely chosen not to register for fear of being identified by violent former partners or others who may wish them harm.

Dismissing the Welsh Local Government Association, the Society of Local Authority Chief Executives and the Electoral Commission, she rejected proposals to keep one local government voting system for the whole of Wales. Dismissing the Auditor General for Wales, she rejected his argument that those town and community councils wishing to exercise the general power of competence should prepare a strategy for the proper exercise of the power.

Dismissing the Electoral Reform Society Cymru, Building Communities Trust and Co-production Network for Wales, she rejected several proposals to involve local people and locally based community organisations in the making of decisions at all levels of local government in order to deliver sustainable social economic and community regeneration. Instead, as the Building Communities Trust researchers found, people in Wales feel increasingly less able to influence decisions affecting their local area. She even dismissed unanimous evidence from Welsh fire and rescue authorities that the changes to the governance arrangements that this Bill proposes would seem, quote, 'a retrograde step, not without some risk to public and firefighter safety.' And she rejected a duty on the Welsh Government to compensate local authorities for any costs incurred as a result of provisions contained within this Bill. All responsible Members should therefore be opposing this Bill, and we will be voting against it accordingly.

Photo of Delyth Jewell Delyth Jewell Plaid Cymru 3:26, 18 November 2020

(Translated)

We, as a party, are supportive of a number of aspects of this legislation, particularly extending the franchise to young people at 16 and 17 years old and also those who have chosen to make their home here in Wales. That is to be welcomed and praised, and it's important, and we will be pleased to vote in favour of the legislation this afternoon.

But I have to say that there's been an opportunity missed here too. There was an opportunity to change the culture of local government in so many ways, introducing more equality and to change the voting system at a national level. During discussions on the legislation, the Minister committed to take a number of steps to improve equality and diversity, and we expect and very much hope that those commitments will be acted upon. We would agree with some of the things that Mark Isherwood said about the corporate joint committees too.

Thank you, again, to the clerks and the Equality, Local Government and Communities Committee support staff for their hard work. We will hope that there will be further important developments to come in light of this legislation. Thank you.

Photo of Julie James Julie James Labour

Diolch, Llywydd. Just to reiterate my thanks to everyone who's worked so hard on the Bill, including the committees and everybody here in the Senedd. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru 3:28, 18 November 2020

(Translated)

In accordance with Standing Order 26.50C, a recorded vote must be taken on Stage 4 motions, so I defer voting on this motion until voting time.

(Translated)

Voting deferred until voting time.