Local Government Bill [Lords] Debate

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Local Government Bill [Lords]

Alan Whitehead Excerpts
Thursday 21st October 2010

(13 years, 6 months ago)

Commons Chamber
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Alan Whitehead Portrait Dr Alan Whitehead (Southampton, Test) (Lab)
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This is a rather strange debate. We are discussing a Bill with which it appears to be unnecessary to proceed, and which is being defended on grounds that seem far from anything relating to the reality of what occurred with the applications for unitary status. Indeed, it is being defended by the Secretary of State on the basis of what was, in fact, a series of spurious claims about costs and various other elements. It provides for the retention on the statute book of the 1997 legislation enabling unitary status applications to be received by the Secretary of State. The Secretary of State said, in typically colourful language—clearly it was a metaphor, or he would have been arrested—that there was a pistol in his desk which he would take to anyone who dared to suggest to him that the democratic structures of local authorities might be changed in favour of local people’s wishes.

Even stranger is the Secretary of State’s argument about value for money. He suggested that one conclusion of a consultant’s analysis of local government in general might be that one of the impediments to really good value for money was the number of councillors making decisions, holding meetings and incurring expenses as a result. He implied that local government would become much more efficient in terms of value for money—if that is the sole criterion—if local councillors were abolished, along with any local concerns about their election, and councils were replaced by a series of local authorities run by commissars. I do not think that any Member present would be particularly happy with that outcome—I imagine that they would want local councillors to run local authorities—but as soon as it is decided that local councillors should run local authorities, the question arises: what kind of authorities should those be?

To say that in the light of those value-for-money considerations, the whole question of who wants what kind of local government to act in their interests in particular areas is irrelevant, is fundamentally to miss the point of what local government is about. It certainly misses the point in terms of the Conservative party’s claim that it is now the party of localism. That would be so even if the arguments about the financing of the authorities that we are discussing were not as finely balanced as they have been.

The Secretary of State’s claim that unitary status would cost £40 million ought to be withdrawn by the end of the afternoon. It is grossly misleading, and a shameful defence of the Government’s proposals. Almost all the money would be recouped within five years, and there would be savings thereafter. Even if there were a financial argument, however, it would be trumped by arguments about local accountability, and about the purpose of councillors and local democracy.

Keith Simpson Portrait Mr Keith Simpson
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This is not the hon. Gentleman’s fault, but I do not think that he participated in any of the earlier debates on this subject. Many of them were held in Westminster Hall. I suggest that he read the evidence presented by my hon. Friend the Member for South Norfolk (Mr Bacon), a senior member of the Public Accounts Committee, who said that all the arguments about the savings that would be made had invariably been substantially wrong.

Alan Whitehead Portrait Dr Whitehead
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I hear what the hon. Gentleman says, but my figures are from the explanatory memorandums to two statutory instruments that were presented to the House—and indeed have been confirmed by figures from the Government. I am at a loss to understand why more weight should be given to certain views on what costs might be than to cost figures that have been deposited in the House for Members to examine. I am not sure that the hon. Gentleman’s point was very telling, but even if it had been a little more telling, I do not think that it would have undermined the real question before us, which is how local government can work in the best interests of the people who elect councillors and want them to run services on their behalf.

Again using colourful language, the Secretary of State snuffed out the ambitions of Norwich, Exeter, and by implication Ipswich, to become unitary authorities in the future. That suggests—I am reminded again of the pistol analogy—an overall and enduring hostility on the part of the Secretary of State and others to the very idea of unitary authorities in the future, although the Local Government and Public Involvement in Health Act 2007 still provides for the possibility.

The position could have been different if that deep prejudice had not lain behind the decisions that were made. Even the judicial review was clearly based on narrow parts of the overall tests and consultation. The judge concluded that, essentially, the issue was fixable. He said

“this does not prevent them”—

the proposals—

“being put forward for approval after what need only be a short period of consultation.”

His judgment was based not on the grounds that the proposals were irrational, but on narrow grounds relating to the tests before the consultation, and anticipated that the proposals might be presented again. It has been made clear today that they will not be presented again, because of what the Secretary of State and the Government have decided is their view—not the people’s view, not the local authorities’ view, not councillors’ view, but the Government’s view—of how local government should be conducted in the future.

Another strange aspect of the debate is the suggestion that the proposals result from the revolutionary ideas of local authorities that are attempting to break free from counties and move into unknown territory on their own, to the detriment of those counties. In fact the whole history of local government, not just in Norwich and Exeter, but across the country shows that the opposite is the case.

It is interesting to reflect on the history of county boroughs. As has been mentioned, both Norwich and Exeter have a long history of independent self-governance as local authorities. The 1889 legislation that created the modern local government system introduced the idea of county boroughs; the large number of county boroughs reflected the wishes of people in those cities. The framers of that legislation specifically said that it would be impractical for towns and cities whose local government had previously been independent to be incorporated into counties, which was why the county boroughs were introduced. That was done to ensure that that tradition and that system continued, and residents of cities and towns could exercise unitary self-government within the cradle of the county around them. This is not a new idea that was just dreamed up by the Labour Government; it is historically the way in which local government outside metropolitan areas has been conducted.

What has happened in local government in relatively recent years is that with the overwhelming approbation of the people living in these towns and cities, there has been a move back towards what is, in essence, a local government structure of county boroughs across the country. Some 85 of the 87 unitary authorities introduced between 1889 and 1965 survived until that date; three of them then became London boroughs. In 1974, 37 of those county boroughs became metropolitan boroughs, and subsequently, particularly in the early 1990s under a Conservative Government, a large number of those became unitary authorities again. Some 24 of the 45 remaining county boroughs became unitary authorities, but 21 did not, and two of the five largest of those are Exeter and Norwich. It was largely a matter of chance that they did not become unitary authorities as a result of that process.

People with a reasonable memory of local government will recall the hanging commissions that went around the country in 1992 to determine the future of local government, county by county, across England. Commissioners were sent out within those county frameworks to produce independent reports about what the future local government structure would be, and the then Government implemented them. Those reports advanced a variety of different approaches, depending on the view of the commissioner involved.

Some commissioners produced reports saying, “The county borough is so important to the county that we cannot possibly have it excised from the county, so there must be two-tier local government.” On other occasions, the same commissioners sent out to perform the same exercise in the same county said, “The county borough is so important in the county that it must be excised from the county and given back unitary status, because that is logically the right thing to do.” In one part of the country a particular commissioner was so enthusiastic about unitary government that he abolished the whole county, and six unitary authorities were produced instead. That commissioner is familiar to many of us in a different guise—as the hon. Member for Christchurch (Mr Chope). A variety of conclusions were reached at that time, which meant, among other things, that Exeter and Norwich did not become unitary authorities because of the accident of who went out to do the report.

We have heard this afternoon that the people of Norwich and Exeter overwhelmingly support the idea that the long tradition of unitary government in those towns should be restored.

Keith Simpson Portrait Mr Simpson
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Can the hon. Gentleman give the House the factual evidence for that view? What polling has been done? Has a local referendum been held?

Alan Whitehead Portrait Dr Whitehead
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The hon. Gentleman will recall hearing earlier this afternoon about the results of various polls conducted in those local areas, the results of consultations with councillors and the information that came from various bodies within the local authorities, all of which pointed to the idea that the people in those areas strongly supported the idea that their authority should become unitary.

Alan Whitehead Portrait Dr Whitehead
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I shall give way to my right hon. Friend first.

Ben Bradshaw Portrait Mr Bradshaw
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Perhaps I can help my hon. Friend here. The city council in Exeter commissioned an independent MORI poll—the only scientific poll conducted during this process—and it was overwhelming in favour of unitary status. I would be very surprised if a local newspaper that has its ear as close to the ground as the Norwich Evening News would have misjudged the mood of the people of Norwich by giving such strong support to Norwich’s unitary bid.

--- Later in debate ---
Alan Whitehead Portrait Dr Whitehead
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I shall now give way to the hon. Member for Great Yarmouth (Brandon Lewis).

Brandon Lewis Portrait Brandon Lewis
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I defer to the right hon. Gentleman’s expertise on the polling in Exeter, but the comments made by the right hon. Member for Don Valley (Caroline Flint) and others about Norwich did not give evidence of any polls; they just referred to the feeling of the people. As far as I am aware—I would be happy for the hon. Member for Southampton, Test (Dr Whitehead) to show me otherwise—no clear polling was done in Norwich, other than the work done by the Local Government Boundary Commission, which showed that 85% of the people wanted the status quo, 10% wanted a county unitary authority and only 3% wanted a Norwich answer. Yet that is what the Labour Government opted for.

Alan Whitehead Portrait Dr Whitehead
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The hon. Gentleman has neglected to listen carefully to the points made so far in this debate, and to the idea of a variety of consultation devices to find out what people want in various areas. As has been said this afternoon, the councillors of all parties in Norwich overwhelmingly supported the aim of Norwich having unitary status. The idea that there was little or no support for this in either area is not sustainable.

However, it is true, as has been emphasised, that some members in county areas do not welcome the idea of unitary authorities in cities and towns within their county area. I cannot say that I am particularly surprised at that notion. Indeed, one issue that arose during those local government reorganisation consultations and discussions in the early 1990s was that counties, by and large, did not want those cities and towns to be removed from their overall county structure, and made strong representations to that effect. To say that some people in county areas might say that it would be nice to have their county council running a particular city or town is not surprising. That does not in any way undermine the central concern, which was reflected as long ago as 1889, that those towns and cities should have unitary status because of their particular position within those county areas, and the importance on a regional and sub-regional basis of many of those local authorities.

I speak as a former leader of a large city council when it was not a unitary authority, and I have been the MP representing that same city when it has had a unitary authority. I can say that the differences are enormous—for example, in terms of those cities having responsibility for their own services and their own arrangements and being able, among other things, to put to the people that simple arrangement that appears to have been missed in this afternoon’s debate. The Secretary of State has stated on this occasion and on other occasions that people do not particularly want to concern themselves with the structure of local government, but just want services to be provided. In a unitary authority, that is palpably the case. One authority is providing the services, looking after the city or town, and it is close to the people in that respect and accountable to the people as a result of what it does.

Ben Bradshaw Portrait Mr Bradshaw
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Does my hon. Friend also accept that the fact that Southampton’s unitary status was restored in no way impacted negatively on the performance of Hampshire? In fact, Hampshire is one of the highest performing county councils in England. We could say the same for Swindon and Wiltshire. The myth perpetrated by the Government and by the opponents of unitary status for cities—that somehow the counties suffer—is not supported by the evidence. On the contrary, they tend to do better.

Alan Whitehead Portrait Dr Whitehead
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My right hon. Friend makes an important point. Indeed, the counties do better in many ways, because the concerns of a particular city, freestanding within a far less urban environment, are focused on that city, and the concerns of the less urban environment are focused in the county council. It is certainly true that after some slight ill feeling, and attempts to foist less up-to-date computers on the unitary authority when the equipment was divided up, the arrangements between Hampshire and Southampton have been very good. They have worked very well, and as my right hon. Friend correctly points out, the county has prospered in its way, and the city has prospered in its way, as a result of unitary status.

I know that the Secretary of State will have his way this afternoon. He ought to hang his head in shame because of the fundamental contradiction between what he says about localism and what he is proposing to do this afternoon, but he will undoubtedly have his way. My concern, among others, is that we should not, as a result of this vindictive and spiteful early legislation, lose the idea that unitary local government—particularly in cities and towns outside metropolitan areas—is palpably a good thing for those cities and towns, and ought to be pursued.

It is interesting, in terms of the historical full circle that we might come in the end, that the mechanism in the Local Government and Public Involvement in Health Act 2007 is essentially the same as the one introduced in the local government legislation of 1889. If a local authority wanted to make the case that it should become a unitary authority, that could be done without a huge upheaval, with the whole of local government being reorganised and commissioners going up and down the country.

Indeed, between 1889 and the present a number of local authorities became county boroughs over the years, without a crisis in local government or a series of legislative measures going through this House on local government as a whole. That was a method of securing the way in which people in those areas wished to be self-governed. That is at the heart of this subject, and that is what is being denied this afternoon. I hope that as a result of some of the corrections of the myths put forward in this afternoon’s debates, we can concentrate our attention on what is best for local government, not on what is best for particular people’s opinions on particular days about how they would like to see local government run.