My Lords, Amendment 176, tabled by my noble friend Lord Moylan, would change the local consents required for traffic emission road-charging schemes to be introduced, and apply these new requirements retrospectively. I reassure the Committee that this amendment is not necessary for regions outside London as it maintains the status quo. In London, the amendment as drafted could remove established devolved powers from an elected mayor and as we have discussed in Committee, this is not our intention for devolution.
In London, under the Greater London Authority Act 1999 the mayor has the authority to create a new road scheme that charges users, or vary one, so long as doing so will directly or indirectly facilitate the achievement of the policies and proposals in the mayor’s transport strategy. As drafted, this amendment could be in conflict with the Greater London Authority Act, and it would potentially create legal uncertainty and conflict between the mayor and the London borough councils.
The Department for Transport has not made statements in support of the ULEZ: Transport Ministers have been completely clear that this has been a matter for the mayor to decide. I understand that my right honourable friend the Secretary of State for Transport has been engaging and will continue to engage with MPs whose constituents may be impacted by the proposed ULEZ expansion.
Outside London, charging schemes have been introduced for addressing congestion issues, improving air quality and raising funds for investment in new transport infrastructure and improving transport quality. The Transport Act 2000 already sets out how road-charging schemes can be introduced. In combined authority areas, these powers are held between the combined authority and the local traffic authorities—that is, the constituent authorities of the CA. Therefore,
outside London local authorities are already required to introduce schemes and existing legislation already delivers what this amendment seeks to achieve.
Additionally, the amendment would require the reconfirmation of a number of existing charging schemes and it would allow any local authority unilaterally to revoke them. These schemes have been introduced and agreed locally and, where they cover multiple local authorities, agreed jointly. Decisions on whether to amend or revoke these schemes would therefore also be made jointly, as the powers in the Transport Act 2000 already ensure. I nevertheless recognise how important this issue is not only to my noble friend but to many others, and not just in London. I am happy to meet with him to discuss these matters further.
Amendment 178B, also in the name of my noble friend Lord Moylan, seeks to lower the threshold for amending the Mayor of London’s final draft budget from two-thirds of assembly members present and voting to a simple majority. While the amendment would undoubtedly strengthen the power of the London Assembly and mirror the voting threshold applied at earlier stages of the assembly’s consideration of the mayor’s annual budget, it must also be balanced against the benefits of the current strong mayoral model in London. I agree with my noble friend that it is crucial in any of these systems that we have strong audit and scrutiny. That is why the Bill strengthens both audit and scrutiny committees in these new authorities.
I recognise my noble friend’s interest in and experience of London governance matters and I would be pleased, as I say, to engage with him not only on his earlier amendments but these. Perhaps we might review the operation of London’s devolution settlement separately from the Committee’s consideration of the Bill, and I ask my noble friend to withdraw his amendment at this time.