My Lords, this group of amendments considers various aspects of a combined county authority’s constitution and its day-to-day working. Although I appreciate it is a probing amendment, Amendment 67, tabled by the noble Baroness, Lady Hayman, would remove the ability of the Secretary of State to amend the regulations on the constitution of a combined county authority. These regulations include the membership of the combined county authority, which must be amended if, for example, another area wished to join a CCA. Members of the new area would need to be added to the CCA. If no such change were possible, there could be no change to the make-up of an established combined county authority, regardless
of the wishes of the local area. CCAs must retain the flexibility to include a new area or for an area to leave, or to reflect other such changes.
Turning to Amendment 68, I completely agree with the noble Baroness on the need for consultation with combined county authority members on regulations regarding the constitution of a CCA. Clause 44 of the Bill already goes further than this amendment by providing that the consent of all the constituent councils is required if the Secretary of State is to make any such regulations. It is worth my making the point that these clauses should not be read in isolation, but rather in the round.
I noted the noble Baroness’s position that CCAs, once established, should just be allowed to get on with it, without the involvement of or interference by the Secretary of State. I look at the issue from the other perspective. The clause enables constitutional arrangements for a CCA to be established in the regulations that will also establish the CCA. These arrangements are the fundamental working mechanisms of the CCA; they include aspects such as the membership of the CCA. As such, it is appropriate that they are set out in secondary legislation to ensure the establishment of a stable institution with good governance. A CCA can set out its own local constitution or standing orders with additional local working arrangements. This is done locally and does not require secondary legislation. However, the local constitution cannot be allowed to contravene primary or secondary legislation. There has to be consistency, and we believe that this is the right way to ensure that.
Amendment 69, tabled by the noble Lord, Lord Shipley, and spoken to by the noble Lord, Lord Kennedy, would prevent the Secretary of State making provision for the executive of a combined county authority to represent the political make-up of its members. A combined county authority is to be made up of members from each of the constituent councils on a basis agreed by those councils through their consent to the establishing regulations. These regulations will also provide for the make-up of the CCA’s executive. It is essential that the constituent councils can agree together the make-up of the combined county authority’s executive that properly reflects the local political membership of the CCA. This is essential to underpin the collaborative working required to make a CCA work in practice.
The amendment would, in effect, impose on a combined county authority an executive that did not reflect the make-up of CCA members, which could negatively impact on the working of the CCA. It would also place the executive of a combined county authority in a different position from that of either a local authority or a combined authority, neither of which requires political balance.
Amendment 71, tabled by the noble Lord, Lord Foster, would enable a two-tier district council to be a constituent member of a combined county authority. As I said, the combined county authority is a new institutional model made up of upper-tier local authorities only. Only two-tier county councils and unitary councils can be constituent members of a CCA. We contend that this model will provide the flexibility required for
devolution to areas with two-tier local government, which has proved a challenge to date. It allows a combined county authority to be established with agreement from the councils across the area that will be the constituent members of the CCA; that is, the upper-tier local authorities.
I realise that some noble Lords are sceptical about this, but this model removes the risk of one or two district councils vetoing the wishes of the great majority for devolution, as has happened with some two-tier local government areas wishing to form combined authorities, where unanimous consent from all councils in the area, including upper- and lower-tier councils, is needed.
I come back to a point I made earlier. While they cannot be constituent members of a combined county authority and, as such, cannot consent to its establishment, district councils can have a voice in a CCA via the non-constituent member model, as set out in Clause 9. As stated in the levelling-up White Paper, we expect CCAs and their upper-tier local authorities to work closely with their district councils, and have been pleased to see this happening in deal areas. This flexible model will enable the county, district and unitary councils to work together in the way that best meets local needs and wishes. The bottom line, I contend, is that this amendment would defeat those objectives.
It is important for me to say to the noble Lord, Lord Foster, that we are not taking away district council powers. Devolution is about giving power from Whitehall to local leaders. We expect the upper-tier local authorities we are agreeing devolution deals with to work with district councils, as I have said, to deliver the powers most effectively being provided. In discussions thus far, we have been pleased to see collaboration of the kind I have mentioned.
I realise that Amendment 72 is, in essence, a probing amendment. It will not surprise noble Lords to hear that I cannot accept it, because it would prevent a combined county authority resolving that non-constituent members could exercise a vote on matters where the CCA considered this to be appropriate. Non-constituent members are non-voting members by default. As I tried to make clear earlier, the combined county authority can give them voting rights on most matters, should it wish to. For example, a combined county authority may have provided for there to be some non-constituent members from the area’s district councils to enable their input on matters of importance to district councils in the CCA’s area. The CCA may wish to maximise this input by allowing in certain circumstances for these non-constituent members to vote. This amendment would prevent these non-constituent members being given a vote and would risk undermining the CCA’s ability to work in collaboration with its district councils and other non-constituent members.
Amendment 75, also tabled by the noble Lord, Lord Shipley, would prevent a combined county authority resolving that associate members could exercise a vote on matters where the CCA considered this to be appropriate. I am afraid that this is another proposal that I cannot accept, for reasons similar to those I have just outlined for Amendment 72.
Associate members are non-voting members by default, but the combined county authority can give them voting rights on most matters, should it wish to. For instance, a combined county authority may have provided for an associate member who, for example, may be a local business leader or an expert on a local issue to enable the member’s input on matters on which they have relevant expertise in the CCA’s area. The CCA may wish to maximise this input—