Draft Dorset (Structural Changes) (Modification Of The Local Government And Public Involvement In Health Act 2007) Regulations 2018
Draft Bournemouth, Dorset And Poole (Structural Changes) Order 2018
Debate between Conor Burns and Christopher Chope(5 years, 11 months ago)
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Sir Christopher Chope
My right hon. Friend is wrong about that. In the discussions with Christchurch, Hampshire said that it needed assurance that it would be a net beneficiary of the resources from Christchurch in Hampshire rather than in Dorset. Christchurch tried to persuade Dorset County Council to make that information publicly available so that Hampshire could be reassured that it would benefit financially from having Christchurch transferred back into Hampshire.
Unfortunately, even as we speak, Dorset County Council has not finalised the desegregation costs of splitting Christchurch at the borough council and upper tier levels from the rest of Dorset. We are told that those figures will not be available until the middle of June.
Sir Christopher Chope
Hold on a moment! The consequence of those figures not being made available is that Hampshire, in the short window of opportunity given by the Secretary of State, was unable to sign up to the idea of entering negotiations with Christchurch on transferring Christchurch to Hampshire.
Before I give way to my hon. Friend, may I point out another problem? The Secretary of State in his announcement of 7 November changed the goalposts. Bournemouth and Poole were not willing to merge together on their own. A proposal that involved Christchurch leaving Dorset and going into Hampshire fell foul of the fact that Poole and Bournemouth in effect had a veto. My right hon. Friend’s aspiration for Christchurch to stay in Dorset was made non-viable by the Government’s insistence, in changing the rules, that Bournemouth and Poole should each have a veto over proposals that did not involve Christchurch joining Bournemouth and Poole—the very same reason. I shall now give way to my hon. Friend.
The Chair
Order. I would be very grateful if that can of Coke in the front row could be put out of sight because it is appearing on the webcam.
Sir Christopher Chope
My hon. Friend has always been younger than me, even going back to the time when he helped me enormously as a student, when I was the Member for Southampton, Itchen. I am eternally grateful to him for his help during those campaigns in Southampton.
However, it would be much easier to sell this project to the people of Christchurch, who are manifestly opposed to it at the moment, if there were more understanding on the part of Bournemouth of how much the people of Christchurch resent the prospect, under delayed harmonisation and equalisation proposals, of them cross-subsidising the people of Bournemouth and Poole by up to £200 a year at band D for up to 20 years. That has caused an enormous amount of resistance.
The councillors in Christchurch went into a joint working party with councillors from Bournemouth and Poole, but one of the conditions for entering it was that Bournemouth and Poole should accept that in the event of a new unitary combining Bournemouth, Poole and Christchurch, it would be fair and equitable that everyone at band D should pay the same council tax from year one. That is the way to achieve general support for a new council. General support for a new council is not achieved by telling residents at band D in Grange ward in Christchurch, which includes some of the most deprived housing estates in the whole of the west of England, that they will be cross-subsidising people living in Sandbanks, and other areas in the conurbation with really smart properties, for up to 20 years. It is a pity that my hon. Friend has not been able to persuade his councillors to be more reasonable about that.
Indeed, I do not blame my hon. Friend for this, but some of his councillors, and the leader of Bournemouth council in particular, have been throwing petrol on the fire by pushing through proposals such as borrowing £70 million to buy an asset that is estimated to be worth £50 million after development. They are borrowing money when Christchurch has no borrowings—it is debt-free and has been prudent all these years. Christchurch has raised its council tax over the years in order to balance its books. Meanwhile, Bournemouth and Poole kept their council taxes artificially reduced, leading to the financial crisis they now have. They are hoping that the burghers of Christchurch will come along and bail them out, and they will be assisted in that way.
Conor Burns
On the point of the council tax freeze, that of course was the policy of the coalition Government that the councils in Bournemouth and Poole implemented. I am not necessarily in favour of criticising Conservative councillors for following Conservative Government policy.
There is a very contentious point that worries people. On the point of the 20-year period to council tax equalisation, has my hon. Friend had any indication from a Minister that a period anywhere close to 20 years would be acceptable to them? I have not.
Sir Christopher Chope
There was a meeting of officials from Dorset councils with the Department in June 2016, before the consultation papers were finalised. That meeting has been confirmed in answer to a parliamentary question that I tabled. I have been told that the minutes and notes of that meeting no longer exist, if they ever did. I have been told by the section 151 officer at Christchurch Borough Council, who was present at that meeting, that, in response to representations on the big council tax gap between Poole and Bournemouth, and Christchurch—more than £200 at band D—the officials said that the Government would agree to a 20-year harmonisation period. It was on the basis of that statement made by Government officials, presumably with the knowledge and support of Government Ministers, that the consultation document was drawn up, using figures based on a 20-year harmonisation period. As my hon. Friend knows, if there is a 20-year harmonisation period, that means that the figures look a lot more attractive than they do for a much shorter harmonisation period.
Indeed, I questioned council officers in Dorset about that at the time. They explained that although the shorter harmonisation period would benefit my constituents in Christchurch, it would drive a coach and horses through the financial prospectus that had been produced, because it would eliminate almost all the savings from the reorganisation. The reorganisation was presented in the consultation on the basis of net savings, but a lot of those savings were increased income from the people of Christchurch, to the benefit of those in Poole and Bournemouth. This is a long answer to my hon. Friend’s intervention, but the short answer is that the Government did know and encouraged this.
Sir Christopher Chope
That is a succinct but absolutely correct analysis, and if it was not correct, the people of Christchurch would not have voted as they did. More than 17,000 people went to a local poll to express the view that they do not want to be subject to Bournemouth and Poole control. I say “control” because in a Poole, Bournemouth and Christchurch unitary authority, Christchurch will have 13% of the councillors, which means that they would always be outvoted and in a minority. The green-belt area around Christchurch would be open to being removed at the behest of Bournemouth and Poole, so that they could land grab and so on.
Conor Burns
I accept fully the poll that took place in Christchurch, and the information put before the electorate by my hon. Friend and others. He has made the point in a number of speeches in the House and Westminster Hall that Bournemouth has an eye on the Christchurch green belt for development, but there is no evidence for that at all, and there have been no statements to that effect by Bournemouth or Poole. What evidence can my hon. Friend provide to substantiate the allegation that he has repeatedly made about the green belt?
Sir Christopher Chope
There is masses of evidence. Obviously it is coming not openly from councillors, but from landowners and developers who know well the council set up in Bournemouth. I know from talking to people in Christchurch that that is exactly what they have in mind. Sadly, I must point out to my hon. Friend that our Government are really giving a green light to councils to remove land from the green belt. That is a Government policy that could not be implemented at the moment in Christchurch, because Christchurch is not willing to put forward such a proposal to the Government. However, a big conurbation of Bournemouth, Poole and Christchurch combined would be able to make such an application to the Government. There would be only 10 councillors from the Christchurch constituency in the new unitary authority, compared with 33 at the moment. There would be a significant reduction in the number of councillors from Christchurch and, consequently, in their influence.
Sir Christopher Chope
My right hon. Friend has made a long intervention, but he misunderstands my point about leading counsel. Leading counsel is saying that it seems quite clear that my hon. Friend the Member for Gainsborough and I were given an assurance that has now been reneged upon by the Government, and that redress is to be had not through the courts, but politically. That is why I am raising the matter in this Committee. There may be quite a lot of people in this Committee who regard it as very poor form for the Government to go back on their word in terms of an assurance that has been given to Parliament. Indeed, I raised the issue with Mr Speaker on a point of order in March 2017. Mr Speaker said it was not right to think that just because there had been a change of Minister or Government, the word given to the House could be reneged upon.
The first time I had any inkling that the Government were minded to renege on that undertaking was in March 2017. That is when I raised the point of order on the Floor of the House. I also wrote to the Prime Minister expressing my concern. As a result of that letter, she intervened. In the end, although it was expected that the Government would announce a “minded to” decision on the application in March 2017, they did not do so. There was then a period of purdah, as my right hon. Friend will remember, for the local elections. That was then closely followed by the general election, which amazingly was only just short of one year ago.
After the general election, all the Conservative councillors who had been re-elected in my constituency wrote to the Prime Minister asking her to intervene in this matter to ensure that Christchurch Borough Council was not abolished against the consent of the people. The Prime Minister wrote back in October 2017. In her letter of 9 October, she said:
“I understand that conversations are now continuing between the affected councils and interested parties to see if, and how, an agreement can be reached that is supported by all of the councils.”
The clear implication of that was that the Prime Minister accepted that there had been an undertaking that all councils should reach an agreement, with the emphasis on the need for councils reasonably to participate in this rather than just saying, “We are not talking to you.” That was the concern expressed in that debate. If a council had an absolute veto, it could say, “I am not prepared to parley with you. I am not prepared to have any discussion.” The Government perfectly reasonably said, “We want to encourage councils to enter into discussions and debate to try to move forward with consensus or consent.”
Conor Burns
I am grateful to my hon. Friend and to you, Sir Henry. For the benefit of the Committee, it is my understanding that Christchurch Borough Council is now fully participating in the joint working and preparations for the implementation of the new authority.
Sir Christopher Chope
Christchurch Borough Council was doing that under duress in the spirit of co-operation, but specifically on the basis that it had not withdrawn its objections; that there would be no period of harmonisation; and that in the event of there being a new unitary authority, all band D taxpayers would pay the same from day one.
I take your point, Sir Henry. I had not realised that we are now approaching 4 o’clock and we started at half-past 2, so we have only got five more minutes. I am very grateful to the hon. Member for Oldham West and Royton for objecting to our dealing with the two statutory instruments together. That has enabled us to have a proper debate on this very important matter, which covers retrospection. I have not yet really got into retrospection, but the letter before action from Christchurch Borough Council draws attention to the fact that it is important for Committees to look at retrospection before the matter goes to the courts, with all the problems that flow from that.
Conor Burns
My hon. Friend and neighbour is absolutely correct. There are many people who will be making a sacrifice when these changes come into being; there are also many, I assume, who do not think it will be them and are supporting the proposals for those reasons.
My hon. Friend and neighbour the Member for Christchurch has fought a doughty, determined, vigorous and principled campaign. I pay tribute to him for standing up for what he believes to be the interests of his constituency and community in Christchurch. He pointed out that I helped him a little bit in his campaign for re-election in Southampton, Itchen in 1992. I first met him some 27 years ago this October, when I enrolled at Southampton University. I suppose I had a little part to play in him now being a Member of Parliament for Christchurch and standing up for his constituents, because we were unsuccessful in the campaign that I participated in, so he was liberated from Southampton and able to seek the nomination for Christchurch, which he won back for us in 1997.
I pay tribute to the Minister and his predecessors. This process has been going on for a long time, through two general elections, three Secretaries of State, and countless Ministers for Local Government. On behalf of the chief executives and the leaders of Bournemouth and Poole councils, I also pay tribute to the officials in the Department, who have been incredibly professional in working through the proposals. In particular, I pay tribute to Paul Rowsell, who has been involved throughout and who our people in Bournemouth and Poole could not speak more highly of. I thank him for what he has done.
My right hon. Friend the Member for West Dorset spoke movingly about adult social care. I want to bear out what he said earlier. When the process began, he was far from converted to the cause of local government reorganisation, but he moved over time as we explored it. He has always been analytical and facts-driven in his approach to politics—there should be more like him—and the numbers ultimately persuaded him that it was the right course of action for councils across Dorset, including Bournemouth and Poole.
My hon. Friend the Member for Christchurch had an exchange on council tax equalisation, on which I would like some clarity from the Minister. If we faced a position where council tax equalisation took place over 20 years, I would join my hon. Friend the Member for Christchurch in opposing the proposals—although it would make no difference because I do not have a vote. We do not need anything like 20 years. It should be done in no more than six years, possibly with equalisation in year seven or maybe in a slightly shorter timeframe.
Sir Christopher Chope
Why does my hon. Friend not accept that it would be fairer and better to organise a new unitary authority on the basis that everybody pays the same band D council tax from the outset?
Conor Burns
I will address that point a little later. My hon. Friend will acknowledge that it will require substantial council tax increases for my constituents in Bournemouth and Poole—I am the only one who represents both Bournemouth and Poole. They will need to raise their council tax to come up to the level in Christchurch.
Conor Burns
Christchurch may wish to do other things in the new arrangements to protect its identity that may require some claim on the council tax. I will come on to that in a moment.
I would like to inject a note of positivity. It is not all about frail, vulnerable old people, although it is massively about that. It is an enormous opportunity. It is a fantastic fresh start for the conurbation, part of which I serve. If the Committee endorses this instrument, the new authority of Bournemouth, Christchurch and Poole will have a population of more than 400,000 people. It will be the 16th-largest urban area in the United Kingdom. The ability that that will give the authority to punch above its weight and argue for its case to be considered by central Government and internationally is why it is supported by the local enterprise partnership and by Dorset’s two world-class universities—Bournemouth University and the Arts University Bournemouth—which play an incredibly powerful role in getting our local area recognised as the fastest-growing digital economy in the United Kingdom. It is also supported by our internationally renowned and recognised football club, which is safe again in the premiership for another season.
We have an enormous opportunity. Our conurbation is recognised internationally. Many students come to Bournemouth to study at the universities or to learn English at the language schools, and go away imbued with a love of the area that we are proud to serve. We can go out there now and argue our case for infrastructure. Tomorrow I will go down to Bournemouth to the official opening of the Pier Approach, funded by money that I argued for from the coastal communities fund. The strength that we will have with all the Members of Parliament from the conurbation coming together to make our case to central Government will be incredible. That does something else as well. It recognises the difference that my hon. Friend the Member for Christchurch alluded to when he talked about the fact that Bournemouth and Christchurch used to be in Hampshire. One can drive all the way through my Bournemouth West constituency and eventually come to County Gates, the historic border between Dorset and Hampshire. Bournemouth and Poole have a different identity, with Christchurch, to the rest of rural Dorset. That allows the two new councils to forge the right vision for themselves.
I end on the point about identity that my hon. Friend talked about. I will fight any attempts to change the mayoralties and civic functions of the existing councils, because they are very important for local dignity and pride and people feel a sense of belonging to them. But there will be an opportunity in the new arrangements for different areas to have their own town and parish councils that can further entrench and protect a sense of identity. There will be an opportunity for people in Christchurch to seize and they will have our support. This is not a takeover, as it has been presented as so often. It is about us coming together and forging something new, where every voice will carry weight and every opinion will matter. There will not be x number of councillors from Christchurch, y from Bournemouth and z from Poole. There will be a total number of new councillors for one authority and each one will matter and each opinion will count.
I beg the indulgence of my colleagues and the Opposition. I pay tribute to the shadow Minister who has approached this matter in a balanced and calm way, and I warmly welcome that. The matter is too important for the future of our county for us to play politics. Every Dorset Member of Parliament and every councillor who has put themselves forward for election in Dorset has one thing in common: the desire to serve and do the best we can for the communities that have trusted us to elected office. I urge my colleagues on both sides of the Committee to give us the chance to do even better for the communities we care about.
Sir Christopher Chope
Absolutely. I hope that the Minister will agree with the hon. Gentleman. What better way of setting up a new council, as my hon. Friend the Member for Bournemouth West was saying, than by having a new culture, a new agenda, new vision and all the rest of it? It is very difficult to achieve that if we do not start off with everybody paying the same council tax at band D. I hope the Government will come off the fence and declare their hand, because I think behind their hand is hidden a proposal to introduce a notional council tax system, which would presume that the council tax in Poole, for example, had been raised by more than the threshold that triggers a referendum. I think that that will happen over a period of time, rather than immediately. I share the hon. Gentleman’s vision that if there is to be a new unitary authority, everybody should pay the same.
Sir Christopher Chope
I will not because I only have two more minutes. My hon. Friend made a number of good points and I want to respond to another of them.
On severance payments, there is a lot of resentment that this exercise will result in council officers across Dorset receiving substantial payoffs and handouts. The Government have pleaded with the officers of the district councils, the county council and the urban unitaries that no exit payments should exceed £95,000. Exit payments include not just severance, but contributions to pensions. They have not had that guarantee and, up until now, there has not been support from councillors for such a policy, but it certainly strikes a strong chord with members of the public.
How does the Minister think the shadow authority will be able to take over within 14 days of the coming into force of the order? The order will come into force on the day that it is passed. When does he expect that to be, and how will the 14 days fit in with the forthcoming holiday period?
Will the Minister comment further on what the Government’s attitude will be if indeed the judicial review proceeds, as most people expect it to, to a successful conclusion? What then for good local government in and around Dorset? In that event, Christchurch will hopefully continue to thrive as an independent sovereign borough, in tune with the wishes and the will of its local people, having, alone among all the councils in Dorset, invited the local people to express their views in a local poll—something that all the other councils ran away from doing.
Navitus Bay Wind Farm
Debate between Conor Burns and Christopher Chope
Conor Burns
I entirely agree with my hon. Friend. The development company was given a vast area to put the wind farm and my hon. Friend will remember that in our initial meetings with its representatives, we told them that we would not oppose it if it was not visible from the shore, if its visual impact did not deter visitors and if it did not damage the world heritage site. All the company had to do was push it further out within the area given to it by the Crown Estate, but it did not do that.
I want to turn to some of the criticisms of the submission process, starting with the independence of the environmental impact assessment. I agree with the IUCN that it would have been more appropriate for DCMS to have commissioned an independent environmental impact assessment, rather than use one prepared by the proponents of the scheme—the Navitus Bay development company. In the words of IUCN,
“this raises questions on the credibility and objectivity of the assessment.”
I have heard some of the arguments made by Navitus Bay to discredit IUCN’s comments, including that they were merely interim and are not aligned with other impact assessments. Could that be because other impact assessments have been provided or commissioned by Navitus Bay itself? Is this a case of, “We’re right, because the documents we have written say so”?
Then there is the question of the appropriateness of the guidance used. The IUCN notes that the guidance used by Navitus Bay for its assessment was not the most appropriate possible. Rather than using the IUCN world heritage advice note on environmental assessment, Navitus Bay used the International Council on Monuments and Sites “Guidance on Heritage Impact Assessments for Cultural World Heritage Properties”, which is adapted to cultural heritage. According the IUCN, it did so despite being aware of the IUCN guidance, which is referred to in the environmental impact assessment.
IUCN claims that by adopting the other guidance rather than the IUCN advice note, Navitus Bay failed to adhere to all eight world heritage impact assessment principles. Notably, IUCN believes that Navitus Bay failed to adhere to the principle that
“reasonable alternatives to the proposal must be identified and assessed with the aim of recommending the most sustainable option to decision-makers, including”—
crucially—
“the possibility of the ‘no project’ option”.
Why did the DCMS not commission an independent environmental impact assessment?
Did the Minister or any of his current or previous colleagues in the Department approve the letter to UNESCO of 17 February—sent by Leila Al-Kazwini, the DCMS head of world heritage—that takes for granted the evidence provided by Navitus Bay regarding the impact of the proposal on the Jurassic coast while dismissing the concerns of, among others, the steering group for the world heritage site itself?
Sixthly, given those criticisms, does the Minister have confidence in the environmental impact assessment submitted by his Department but created by the Navitus Bay development company?
Mr Christopher Chope (Christchurch) (Con)
I congratulate my hon. Friend on introducing this important debate. Does he share my concern that the Department for Culture, Media and Sport did not issue a formal response to the UNESCO letter of 2 May? That letter contains some powerful arguments. Surely they merited a response from my hon. Friend the Minister. Instead, according to a parliamentary answer I received from him on 23 June, that letter was passed to the planning authorities as part of a process. Is that not most unsatisfactory?
Conor Burns
My hon. Friend makes a very important and valid intervention. One reason why I attempted to secure the debate was so that the Minister has the opportunity to explain the Department’s thinking. He also has the opportunity to explain to the House that this is not simply a matter for the Department of Energy and Climate Change or the planning inspector in Bristol, but a matter for the Department for Culture, Media and Sport, which has a vital, and indeed legally binding, obligation to do all it can to protect that world heritage site, and, as it says, to pass it on intact to future generations. I look forward to his response in a moment.
I conclude as I began. This is not about the Government’s energy policy, renewable energy or subsidy. Hon. Members have different views on those. The debate is about a proposal that my constituents and those of my hon. Friends fundamentally believe is the wrong proposal in the wrong place. Its demerits vastly outweigh its merits. The Government can achieve all their energy ambitions and still say no to the application. My hon. Friend the Minister of State now has an opportunity to tell us what he is prepared to do to assist us. It does not just affect us in Dorset. As things develop, it could affect Hampshire Members—I notice that my right hon. Friend the Member for New Forest West (Mr Swayne) is sitting on the Front Bench. The New Forest would be torn up to allow energy to get into the grid.
This is very serious. I say without exaggeration that it is possibly the most significant issue in Bournemouth and the conurbation, and Dorset more widely, in a generation. I hope that the Minister, in his reply, can assure us and our constituents that he is with us and will do what he can to protect that fantastic bit of England.