My Lords, I will speak to and move Amendment 58 in my name and those of the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock; I thank them warmly for their support for it.
The legal basis relies on the previous Regulation 5 of the regulations made under Section 78 of the Coronavirus Act 2020. During the pandemic, it was generally felt that remote meetings of councils worked very effectively, and the change has been a source of great disappointment and increasing irritation to local councils, to those elected to represent their constituents at that level and to professional clerks. I received some powerful briefings from the two organisations especially concerned: the LGA and the SLCC, which represents the professionals who man the councils.
I listened carefully to my noble friend Lord Howe’s response in Committee. He clearly stated:
“The Government are of the view that physical attendance is important for delivering good governance and democratic accountability”.—[Official Report, 15/3/23; col. 1392.]
He went on to say that it permits the public to “view proceedings remotely” but that he was prepared—indeed, he promised—to keep the matter “under review”. I urge my noble friend to use this opportunity to review the regulations, to reintroduce them, to revise the law and to agree to Amendment 58.
The lifting of the Covid regulations that permitted councils to meet virtually has been a retrograde and undemocratic measure. The Government removed councillors’ right to democratically represent their constituents when they are temporarily unable to attend or, as I found on many occasions while trying to nurse a constituency in North Yorkshire, when they find that they are physically unable to attend meetings given the climate, particularly in the bad-weather months from December through to March, owing to snow or ice on the roads. They may also have care responsibilities towards an older or a younger generation and they could fulfil those duties if they were able to attend the meetings remotely. They may also suffer from a moment of temporary infirmity that prevents them attending.
In Committee, I mentioned distances to travel. The 57 miles from probably the furthest point in my former constituency, Filey, to the county town of Northallerton would take at least an hour and a quarter on a good day, so you are looking at something approaching a three-hour round trip. In the summer months, you have additional traffic, which delays matters, and I mentioned the inclement weather in the winter months.
These regulations worked perfectly well during Covid; all I am asking my noble friend and the Government to agree to do is revert to them. The particular weakness in my noble friend’s argument is that the House of Lords permits committees to meet virtually, so we have a situation where, regrettably, there appears to be one rule for those of us who are fortunate enough to serve on a House of Lords committee and another for those who are elected to councils, who are unable to meet remotely and virtually. I believe that that is unfair and undemocratic.
I received some powerful briefings in this regard; I will briefly share them with noble Lords. Following an extensive survey, the Local Government Association recently published a report showing that 95% of those responding from principal councils indicated that they wanted to reintroduce virtual meeting technology as an option at statutory meetings. They have suffered an impact on the recruitment and retention of councillors,
and barriers have been created since the removal of these regulations permitting virtual attendance, particularly where there are work and caring commitments or health and disability issues.
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I had not appreciated that, in certain circumstances, some committees, particularly licensing ones—I declare an interest in that I chaired both the original committee looking into an inquiry on the Licensing Act 2003 and the subsequent follow-up inquiry—are currently convened under legislation other than the Local Government Act, such as for licensing hearings, schools admission appeals panels and regional flood and coastal committees. These have been able to continue to use virtual meeting options to hold their meetings. In the view of the LGA, this has created a two-tier system, where councils can reap the benefits of virtual attendance at some meetings but not others. This demonstrates that councils already deliver accountability and good governance in hybrid meetings.
The Government confirmed in Committee that they are prepared to keep the matter under review. I believe that there is no time like the present to review it. You cannot have a situation where some council meetings can be virtual but others cannot and where we meet virtually in committees in our own House. There are very good reasons for hybrid or remote meetings in certain circumstances; the flexibility that was enjoyed during the Covid pandemic should apply where councils choose to use it.
With those few introductory remarks, I beg to move.