My Lords, in the situation where a local authority does not consent to a combined authority adopting a mayor, the Bill requires that if the Secretary of State makes an order to enable the mayoral model to be adopted, the Secretary of State must remove the non-consenting local authority from the combined authority. Amendments 11 and 12 would change this requirement to an option that the Secretary of State could choose to take and enable a local authority in this position to make representations.
I appreciate the intention behind these amendments but, as we have said, the Government are open to discussing devolution proposals from all places. We want areas to come forward with proposals, developed and proposed by local areas. If a local authority within an existing combined authority does not want to have an elected metro mayor, we believe that it should neither be forced to do so—going back to discussions earlier—nor be able to veto the rest of that combined authority from adopting this model. This is what the Bill does.
Amendment 11 would give discretion to the Secretary of State as to whether to remove the non-consenting local authority when making an order to provide that the combined authority area has a mayor. This would
in effect mean that the Secretary of State can force the local authority to remain within the combined authority, which we do not believe is appropriate.
Amendment 12 enables a local authority which has been removed from an existing combined authority, by virtue of its non-consent, to make representations. We also believe that this is not necessary. The Secretary of State must gain consent from each constituent local authority before an order can be made to enable an existing combined authority area to have a mayor. It is open to the local authorities when deciding whether to consent to make any representations they wish to.
Amendment 23 would omit new section 107D(6)(a) to remove the power of the Secretary of State by order to,
“provide for members or officers of a mayoral combined authority to assist the mayor in the exercise of general functions”.
As the Bill stands, this provision allows for the mayor to be supported in his or her executive functions, in the same way that council officers support an elected mayor or leader of a council. For example, the mayor may set the strategy for the combined authority and officers would support the mayor in drafting, preparing and publishing any necessary plans. Removing this provision risks creating arrangements that would hinder the delivery of the mayor’s executive functions and hence frustrate the very purpose of a devolution deal. Mayors will be clearly identified as the accountable figurehead and be answerable to their electorate for any function they undertake or are assisted in undertaking, so it will be clear where the responsibility lies.
With all these assurances, I hope the noble Lord will agree that the amendments are not necessary.