David Simmonds MP: speeches

Speeches

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  The key challenge is that, unlike any other public body, local authorities are democratically elected. They are subject to an annual process of budget fixing, where they are legally obliged to balance that budget in year. That rule does not apply to any Government Department, or NHS bodies and so on, all of which have a conversation with central Government about how overspends, capital expenditure, borrowing and so on are dealt with, in a completely different way from local authorities. Could the Minister address that, and ensure that the Committee is fully aware of how those provisions will be considered? Local authority finance is not the most exciting subject— [ Interruption. ] I hear murmurs of agreement—but ensuring investment for housing, children’s social care, adult social care, education and local transport depends on us getting this right. Rather than create a system that sets local authorities up to fail, we need to have that debate and put that right straightaway. Taking into account fully the specific, unique legal and financial impositions on local authorities in this audit arrangement is critical, so that decisions can be made locally in good faith and with the relevant level of local democratic accountability.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  I will briefly return to the question of accounting standards and how they will operate. As the Minister set out, the aim is to streamline and, broadly, to restore the Audit Commission district auditor-type system we have seen in the past, which itself had a number of issues. Clearly, when local authority councillors make their decision on fixing council tax—when local authority finance officers put that information together—they will always be mindful of the accounting standards that apply. One of the issues is that there are a lot of different ways of approaching that. Some may use cash accounting and some will use accruals; some will use Sage and some will use Oracle. All of those have different characteristics in managing the system, and different auditors may have different views about which they prefer. Many of us will have experience of where a difference of opinion between auditors on the treatment of a transaction can have a significant impact, including by directly impacting the level of council tax that needs to be set. I have not been able to locate a response from the Minister on the different types of accounting. Can she set out how the system will ensure sufficient flexibility to recognise legitimate professional differences between different types of accountants, authorities, businesses and systems? None of them is inherently wrong or incorrect; they just reflect different approaches to managing the finances of that local authority. Flexibility for local decision making should remain at the heart of what is supposed to be a devolution Bill.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  The section 151 officer is the person in the local authority who has whistleblower protection; they have a legal obligation to ensure that the local authority has the information that it needs when setting its budgets, and that the information is true and correct. However, disputes about the treatment of financial decision making are also common, where a section 151 officer may have a lesser degree of comfort about a risk arising from a decision. We talked earlier about assets of community value, and there are many MPs in this room who will have campaigned for their local authority and undertaken responsibility or an intervention to preserve an asset or local amenity. That leads to a debate about whether that is a good use of taxpayers’ money. The elected folk may be of the view that it is, but a section 151 officer may say that it does not stack up in financial terms. There needs to be a process for resolving that dispute, and that will revolve around the professional standards that the Minister has just set out. It would be helpful if she could set out what process of assurance there will be following a decision, so that we can all be clear that there is an adequate pipeline of people, as she has described, to undertake those roles, and that we do not suck out all of the expertise of section 151 officers, who are the only people who can undertake them. What consultation has the Minister undertaken with accounting bodies, such as the Association of Consulting Actuaries, CIPFA and all the others, so that they can ensure that the necessary degree of influence has been exerted to ensure that the training standards and process that will emerge from this will be sufficiently robust?

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  rose—

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  The Minister is perhaps being a little mischievous in responding politically to what was essentially a technical question. We all recognise that there are challenges. Broadly, the audit system suffers not from a lack of regulation but from a lack of capacity. Measures such as Public Sector Audit Appointments were designed to address that, but they have not been sufficient, despite being implemented in consultation with the sector. We therefore agree that an alternative approach is required. The Minister has been clear to the Committee that she feels that many of the requirements imposed by the current system are unnecessary. She has returned a number of times to the point about there being things that do not add value and are onerous. It would be helpful if she set out what those things are so that our colleagues in local authorities can understand what will be removed from the requirements upon them and the Committee can understand what risks, if any, that poses to the public.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  A number of these other local bodies are subject, in the Treasury’s eyes and legally, to different accounting rules. In particular, Government Departments have revenue and capital departmental expenditure limits, and the Treasury is happy to shift money between those annually: capital may be allocated to cover revenue shortfalls and so on. That is something that a local authority cannot do. Will the Minister set out how the appointment process will ensure a high degree of transparency, particularly at the local level, so that people can see the difference between bodies that are subject to the local authority regime of in-year balancing and the other local bodies that are subject to a separate regime, and why the levels of assurance and the nature of decision making may be different? I would be grateful for clarity and assurance on those points from the Minister.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  It is a pleasure to serve with you in the Chair, Sir John. My hon. Friend the Member for Hamble Valley set out the view of the official Opposition during the debate last week, so I will not relitigate that in its entirety, although I am sure he will be keen for me to emphasise the sheer cross-party commitment on assets of community value. We know about the risk to assets that are at the heart of a community, from a village pub or cricket field through to community centres and business premises. We need a means laid out in the law whereby the value they add to the local community can be retained where necessary. That was enshrined in legislation by our party when we were in government, and in general we support the direction of the current Government in taking up those principles. We will listen carefully to the debate.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  Broadly, the Opposition agree with the Government’s direction of travel, and this seems a logical thing to do. This kind of update is periodically required. However, it would be helpful if the Minister could set out, for the benefit of transparency in Committee, what the assurance process will be around risk. To reflect on where things have gone wrong, West Somerset district council—then the smallest local authority in England—was essentially not financially viable, but it was also the planning authority for the Hinkley Point nuclear power station, so it was absolutely critical that it could do its job for the needs of national infrastructure. Its budget was essentially broken by the loss of a business rates appeal in respect of Hinkley Point, which cost its £6.5 million out of its already very small budget. Sometimes there are risks that sit beneath what will be classified as smaller authorities, especially given our earlier debate about how reorganisation is seeing asset transfers between districts and parish and town councils as a result of the need to manage opportunities and challenges. Could the Minister therefore set out who will be accountable? Will Ministers sign this off? What is the role of the delegated legislation Committee in making these decisions? What will be the role of the Local Audit Office in deciding how risks are managed? We need to be confident that what may appear to be a low-risk environment does not produce a very nasty surprise.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  The only element where I have any disagreement with the hon. Member for Mid Dorset and North Poole is over whether the legislation needs to be implemented for local public accounts committees to happen. There have been a number of measures in this regard, and I think of the Localism Act 2011, where there was a great deal of debate about the role of the local armchair auditor and the requirement for local authorities to publish all expenditure over £500—itemised—so that people can see what is being spent day to day, as a means of bringing about transparency. In this debate about audit committees, we have already covered the fact that there are different local arrangements. Some have everything dealt with by a single, financially focused scrutiny and overview committee, while others do it as part of a wider context or in the context of individual service areas. So there are different approaches, and it is important that that local discretion continues to exist. I am not convinced that it is necessary to have further legislation, but it is right that we bring the matter to public attention. One weakness of the Westminster-focused Public Accounts Committee is that it does not always grasp local nuance. Home-to-school transport in rural Lincolnshire or North Yorkshire is a completely different challenge from that in Greater London, where all local authorities are, effectively, levied so that public transport in the capital is free for children going to school. Such things are difficult to capture. When we hear that North Yorkshire spends £51 million over a couple of years taking kids to school, that sounds like an extraordinarily high level of expenditure, but it is driven entirely by local circumstances; it is not the result of inefficiency or negligence on the part of decision makers. The point is well made that we have to have that really clear grasp in decision making that comes from people understanding and knowing their local place.

• 28 Oct 2025 · English Devolution and Community Empowerment Bill (Eleventh sitting) · Hansard source

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  In many ways, the clause reinforces the concerns that I set out earlier. The Minister said that this was an area where no value was being added and that it was the Government’s intention to reduce expectations. In fact, the clause increases expectations: it requires the publication of a separate opinion on the pension fund’s accounts. As I set out earlier, the concern we all recognise is that, where there is a shortfall, the local authority is required to make up that shortfall and, where there is potentially a surplus, it may choose to reduce the pension contributions that it makes on a regular basis, as is already the case. We have seen examples across the private sector in the past when that has been significant in both negative and sometimes positive ways. The assumptions made about the pension fund are critical to the setting of the council tax, which is a statutory process. This is not the only set of relevant accounts that must meet that same test. Local authorities have limited but varying degrees of control over the parking revenue account, housing revenue account and dedicated schools grant, but all are ringfenced for specific purposes and all can create significant financial liabilities that fall on the council tax payer in the event that something emerges within them that had not previously been considered. Although I understand that the Minister thinks that separating out the requirement makes life easier for some parts of the Government, it can none the less create significant issues in the council tax fixing process. Will she set out the Government’s thinking about how those risks will be managed? In particular, how will the legal requirement to set an in-year balanced budget be met, and how does imposing a requirement for an additional and separate opinion, with a separate timetable, represent a reduction of the burden on the local authority?

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I listened carefully to the Minister. We have great sympathy with the amendment. One of the concerns that has run throughout this debate and that on the Planning and Infrastructure Bill, with which this legislation interacts, is that it complicates the planning system still further. My earlier example illustrates that well: a developer applies to the local authority and gets consent for something; it comes back for something larger, but is refused; it goes to the planning inspector, gets consent for something else; it puts in another application, going to the mayor and getting the chance of going to a Secretary of State call-in; and then the developer sells the site, and the whole process starts again. No homes are built and no infrastructure is delivered, but value is added from the developer’s perspective, because it has traded the site on. There is clearly a risk to introducing that extent of mayoral call-ins as well. They will provide massive incentives for a developer at every stage to second-guess the decision maker, whether that is the planning committee at the local authority, the mayor, the planning inspector or the Secretary of State, continuing the merry-go-round of the 1.5 million planning permissions in England at the moment where development has not commenced. In many cases, that is because of that trading process. We are minded to support the amendment. I appreciate that the Government have the numbers and we will be defeated, but the point is well made: we need to streamline the system, not add to its complexity and bureaucracy in this way.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  We have tabled amendment 291 to schedule 7. I know that this is an issue of great contention; the major concern is, as we have seen to a degree in London, mayors choosing to use their powers to levy fines, largely as a way of generating income. That sits somewhat ill with the regulations for parking, which are treated separately and are a local authority matter, where the proceeds from fines and enforcement activity is part of a ringfenced parking revenue account that may only be used for purposes connected to parking and the maintenance of the highways and the roads. There is therefore already a measure, regarding local authorities, that ensures that those who are paying the fines, fees and charges can see that the contribution that they are making through those is used to improve the safety and quality of the environment in which they drive, walk or cycle. We remain concerned about the implications of this measure; some of those mayors and combined authorities may see this as a very handy revenue raiser, and start to ramp up enforcement in a way that is unhelpful. As we have seen in the case of Greater London, policies that might work well in highly congested central London are simply totally inappropriate on the fringes, and a replication of that scenario could be seen across other parts of the country—a one-size-fits-all approach that we would wish to see avoided. That is the motivation behind amendment 291, but I will be interested to hear what the Minister has to say about how the Government will ensure that this is not simply a measure to use motorists as a cash cow.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  Briefly, the Bill states, “including road traffic reduction”, and the Opposition’s concern is that when we consider our UK transport infrastructure, the one area in which we conspicuously lag a long way behind our peers is our provision of roads, particularly our motorways. We have about 20% less road capacity than peer countries, but we are in line with them on things like high-speed rail, trams and bus networks, where we have seen enormous progress in recent years. However, I recognise that these are plans that will be implemented subject only to that local democratic process, so we will not oppose this provision. Question put and agreed to. Clause 27 accordingly ordered to stand part of the Bill. Schedule 8 Key Route Network Roads

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  If the Minister can give us an assurance that she will provide that in writing before the conclusion of the Committee, I am happy not to press these amendments to a vote.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  On a point of order, Ms Vaz. I think, in my enthusiasm for the proceedings, I made reference to the amendments that we will be dealing with in the next grouping. I shall not repeat my observations, but I am sure the Minister will hold my comments in mind and be desperate to respond to them when she makes her introduction to the next group.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I shall speak to amendment 304, which stands in my name. I would like to think that it is one of those amendments that the Government will adopt, if they are wise, because it would do something practical towards the delivery of a higher level of housing through the Bill. Despite the provision of very large amounts of capital funding by the previous Government, the Mayor of London has been a case study in the failure to deliver. There will be complex reasons in the wider market why it has been a challenge, but the previous Government delivered just shy of a net additional 1 million new homes over the life of the previous Parliament, in line with the target. Since then, house building has collapsed. Partly that seems to be because operators in the market—big developers and house building companies—are looking at the Bill and seeing opportunities to increase the potential value of their sites by arbitraging between all the different layers of bureaucracy, rather than delivering homes. However, many of our constituents look at areas that have good PTAL—public transport access levels—scores, and so an ability to access effective public transport, as offering a high degree of opportunity. The Opposition’s view is that we should prioritise sites like that, which in some cases are quite close to securing planning consent, because of their ability to densify our urban centres. In London and other big cities, such as Manchester, where we had our recent party conference, we see examples of this approach delivering large amounts of additional housing in city centre areas. It contributes to growth, to housing delivery and to the economy of those local areas. For all those reasons, the amendment is positive, so I hope that the Government will accept that it would add significant value to the Bill. I look forward to the Minister’s response.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I beg to move amendment 287, in clause 28, page 36, line 12, leave out “implement” and insert “have regard to”. This amendment, and Amendment 288, would ensure that councils had to have regard to local transport plans, rather than be under a duty to implement them.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  Mindful of your invitation to repeat my earlier remarks, Ms Vaz, I am none the less going to risk your displeasure by refraining from doing so.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  The current Mayor of London clearly has a mountain to climb, given the distance by which he has fallen behind his housing targets. We remain concerned that some issues are sometimes seen as easy pickings, such as the disposal of TfL surface car parks, where we have seen a series of unwelcome planning applications that have risked creating congestion in town centres across Greater London. However, we recognise that the purpose of the clause is more about the technicality of the consultation process, and therefore we will not oppose this provision. Question put and agreed to. Clause 26 accordingly ordered to stand part of the Bill. Clause 27 Key route network roads Question proposed, That the clause stand part of the Bill.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I rise to ask some brief questions of the Minister, perhaps starting with the last point, about where there is a conflict. London is a good example. The Mayor’s total failure to achieve the housing targets set by central Government is creating a knock-on pressure at local authority level. We know that, in trying to unlock developments, the Government are currently engaged in discussion about significantly reducing the target for affordable housing. There is the potential for call-in powers to create a conflict with the housing duties of the local authority against its overarching objectives. I can think of places in or close to my constituency—a good example is Hendon circus, where 27 years ago I chaired a planning committee that granted consent. That is still a derelict site, despite multiple interventions with the Mayor of London, because it has basically been ping-ponging between developers. We need to make sure that this legislation has rigour and will actually deliver. Will the Minister provide some assurance that an effective mechanism will be in place? It is all very well talking about mayoral powers to direct planning authorities, but we often see a mayoral failure to progress developments, to the frustration of a planning authority. How will we ensure that there is that rigour, so the homes for which planning consents are granted actually get built?

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I will speak to amendment 287. We understand the point that the Minister is making about a need to ensure that there is strategic oversight of what is going on. Our concern is that, as we have seen in London, where a version of this already exists, there is sometimes a conflict between what a mayor seeks to do and the views of a local authority—in particular, the elected mandate of that local authority. We have heard a lot of evidence and had a lot of lobbying as constituency Members of Parliament about issues such as the impact of floating bus stops on people who are partially sighted, and the conflict that the use of bus lanes can sometimes introduce with cyclists. Rather than a duty to implement whatever the mayor decides, there clearly needs to be a duty to “have regard to” it, so that those two things can operate constructively together. That is the thinking behind the amendment, which we intend to push to a vote in due course.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  We understand the logic of this. Could the Minister set out for the Committee where the liability will sit for issues arising from the maintenance, standards or provision of those roads under the clause?

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  I am very sympathetic to what the hon. Lady has said. In my constituency, people come from as far afield as Sheffield for a day out at the Ruislip lido, the only beach in Greater London. It is a huge cause of trouble for local residents, and I am glad that we have a local authority that is using its existing powers and is implementing measures such as towaway zones and higher parking fines to begin to address that. She probably feels, as I do, that we do not see mayors who do not know the local area, but the specific purpose of our amendment 291 is to ensure that this is not an opportunity to raise funds for them at the expense of the ability of the local authority to use its powers in a specific area to deal with the traffic management issues for which it is responsible.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  We have some concerns about the real-world impact of the measures outlined in these amendments. We all recognise that there is a logic in bringing consistency to concessionary travel, but public transport is commonly not uniformly available across all parts of single existing and combined authority areas. If we think of the footprint of Greater London, there are places such as Harefield in my constituency and Orpington on the opposite side of London that are essentially rural villages that do not have access to trains and are not on the tube network. They are entirely reliant on buses and their transport connections are frequently outside the boundary of Greater London. The value to people who live in those places of the transport network for which they are paying is therefore significantly less than it is to people who live in the centre of the city. It certainly feels like this set of measures will benefit people in urban areas at the heart of some of these new combined authority areas, but leave people in areas on the fringes paying but not seeing much benefit in terms of access to transport. We know that in many rural parts of the country, access to bus services, for example, is infrequent. Such services are certainly not fit for purpose in terms of providing school transport and transport for medical appointments or similar purposes. I have a couple of questions for the Minister. One is around how existing settlements—whereby local authorities that will become constituent authorities are already, in effect, levied through the local government finance settlement to pay into a centrally co-ordinated concessionary travel scheme, which is what operates in London—will be managed. The London boroughs effectively forgo a part of their budget in return for free public transport being paid for children of school age. The Freedom Pass also operates for older people, alongside a variety of other concessions—for example, for people with disabilities. How will that be managed so that we do not see a situation where the mayor takes control of it but has no responsibility for that element of the financial impact, or indeed chooses to redeploy resources away from the things for which that resourcing was originally provided? Secondly, how will that issue be addressed in areas where this factor is newly established? When the end of that first financial year comes into effect, the constituent authorities, which may have a variety of schemes—for example, because one has a particular priority around access to apprenticeships and may have set up a concessionary travel arrangement to enable people to access that—might find themselves at risk of losing them because the combined authority does not have the same priority? It would be helpful to hear from the Minister how those arrangements, many of which are designed to take account of specific local circumstances, will be accounted for in the provisions.

• 16 Oct 2025 · English Devolution and Community Empowerment Bill (Sixth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Ms Vaz. It seems to the Opposition that this schedule is weaker than it would have been had the amendments been accepted. I know that when we have debated other areas of local government legislation, the issue that comes up time and again is the frustration that our constituents feel when they are unable to get what sounds like a perfectly robust regulation enforced in practice—whether that is fly-tipping, antisocial parking or the point made by the hon. Member for Brighton Pavilion around delivery drivers, scooters and so on, which I know exercises many of my constituents. We remain concerned that this is a missed opportunity to give local authorities the most robust tools that would put beyond doubt what the test that had to be met was, and create the appropriate legal path for effective and rigorous enforcement locally. None the less, the schedule broadly represents a step forward. Therefore we will not oppose it.