Centre for Governance and Scrutiny warns Devolution Bill needs stronger accountability measures
The Centre for Governance and Scrutiny (CfGS) has said that plans in the English Devolution and Community Empowerment Bill to expand mayoral powers and duties "must go hand in hand" with stronger expectations on accountability.
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In a letter to Deputy Prime Minister Angela Rayner, CfGS chief executive Mel Stevens argued that while the bill opens "a door to greater democracy", there is a genuine opportunity to go even further on embedding robust and effective scrutiny.
The organisation warned that its experience with councils under intervention showed that "almost always, scrutiny and governance are weak in those authorities."
Stevens wrote: "We see this Bill as a vital opportunity to rethink the accountability system to meet your ambition for devolution and community empowerment, ensuring that the strength of scrutiny and accountability are equal to the powers the Bill devolves."
The bill was published in July and set out a plans to introduce a new category of authority, a new "neighbourhood governance structure" that will require councils to establish effective neighbourhood governance, and the abolition of the committee system of governance, among other things.
On the decision to scrap the committee system of governance, the letter said it was "regrettable that the government has chosen to remove choice from authorities by abolishing the committee system, particularly for those councils that have a direct mandate from residents".
It added: "Our experience of working with different governance systems is that it is better to set standards and principles for their operation than to set hard rules on governance arrangements."
The CfGS meanwhile welcomed provisions in the bill that require councils to secure effective 'neighbourhood governance', describing the move as an "essential step" to ensure that structural reform does not diminish local voices.
However, it urged the Government to avoid a prescriptive model that could stifle local flexibility and innovation.
"The opportunity in this Bill is to go beyond a one-size-fits-all model and instead offer a pluralist approach that retains flexibility to design models appropriate to local contexts," it said.
The letter also highlighted concerns about provisions in the bill allowing the Secretary of State to grant mayors additional powers.
It argued that these should be accompanied by "stronger accountability arrangements" and requiring areas benefiting from integrated settlements to demonstrate "a culture of transparency, self-awareness and openness to challenge."
CfGS also raised questions about the accountability framework for mayoral commissioners, suggesting that "clearer provision should be made within the Bill itself" regarding oversight of these roles, with their justification and costs subject to scrutiny.
The organisation warned that changes to voting arrangements in combined authorities - moving from unanimity to majority voting - "could speed up decisions but risks undermining local consensus if not handled with care."
The CfGS added that it would welcome clarification on the timing and details of several reforms, including plans to introduce remote meetings.
It highlighted remote meeting legislation as a "matter of priority", adding: "This is a long-standing issue that will affect growing numbers of combined authorities and short-term arrangements connected to local government reorganisation. A legal framework exists, tested during the pandemic and informed by Welsh experience. As such we would recommend bringing plans forward to this bill rather than waiting to legislate in the future."
Other areas identified as requiring legislative attention included enhanced powers for strategic authorities, including provision for local Public Accounts Committees, stronger local authority scrutiny frameworks, proxy voting arrangements, community involvement duties, and standards protections for councillors against harassment, bullying and intimidation.
Stevens concluded: "We are committed to working with you, to contribute more to the Bill, to further legislation and then to supporting councils, strategic authorities and sector partners to meet this exciting moment for local democracy."
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