My Lords, Amendment 125A tabled by the noble Lord, Lord Hunt of Kings Heath, brings us back to a set of issues that we have discussed in a number of our earlier debates: the question of which authorities can prepare a proposal for the establishment of a combined county authority and submit the proposal to the Secretary of State. The amendment seeks to add second-tier district councils within the proposed CCA’s area to this list of authorities. However, as the noble Lord is aware, the Bill provides that only upper-tier
local authorities—county councils and unitary councils—can be constituent members of a CCA. District councils cannot be constituent members of a CCA and, as such, cannot prepare and submit a proposal for a CCA.
Let me take the Committee through the rationale for this approach. When CCAs come into being, they will ensure that there is a mechanism for strategic decision-making across a functional economic area or whole-county geography; in other words, co-operation over matters for which upper-tier local authorities already have responsibility.
In the Government’s view, therefore, it makes sense to enable upper-tier local authorities to decide, albeit following appropriate consultation, whether a CCA across a wider geographic area might offer advantages for such whole-county strategic decision-making. That is not to say that district councils should have no voice in the way a CCA comes into being; quite the contrary. While we believe that it is right for district councils not to form part of the constituent membership of a CCA, they are nevertheless key stakeholders in the devolution process. As we stated in the levelling up White Paper, while we will negotiate devolution deals with upper-tier local authorities across a functional economic area or whole-county geography, we expect county councils to work closely with the district councils in their area during the formulation of the proposal and subsequently. This is exactly what has been happening to date, and we have been pleased to see it.
How can we ensure that the voice of district councils is heard as a CCA proposal is being put together? As discussed in Committee previously, authorities proposing a CCA must undertake a public consultation on the proposal. As key local stakeholders, district councils would be consulted. Their views would be reflected in any summary of consultation responses submitted to the Secretary of State for consideration.
The task of the Secretary of State is then to assess whether the consultation has been sufficient. In doing so, the Secretary of State will have regard to whether it reflects the views of a full range of local stakeholders, including district councils should there be any. The Cabinet Office principles for public consultations are very clear that those conducting a public consultation must consult the full range of local stakeholders, not simply local residents but businesses, public authorities, voluntary sector organisations and others with a legitimate interest. If the Secretary of State, mindful of those principles and in the light of the evidence presented, deems the consultation not to be adequate, they themselves must consult on the proposal. Any such consultation would include consulting district councils.