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
(Limited Text - Ministerial Extracts only)
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The Chair
I will call the Minister to move the first statutory instrument, and debate on the second will follow. Debate on each statutory instrument may continue for up to one and a half hours. I remind the Committee that the debate should be confined to the statutory instrument being considered.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Rishi Sunak)
I beg to move,
That the Committee has considered the draft Dorset (Structure Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018.
It is a pleasure to serve under your chairmanship, Sir Henry. I am delighted to see so many hon. Members present. The statutory instruments were laid before this House on 29 March. If approved, they will provide for the abolition of the nine existing local government areas in Dorset and their councils, and similarly affect the existing boroughs of Bournemouth and Poole, the county of Dorset and the boroughs and districts in the county of Dorset. They will also allow for the establishment of two new local government areas and two new single-tier unitary councils for the area on 1 April 2019.
The Government, as made clear in our manifesto, are committed to supporting those local authorities that wish to combine to serve their communities better. We have also announced to the House that we will consider any locally led proposals for local government restructuring that are put forward by one or more of the councils concerned and that improve local government and service delivery, create structures with a credible geography and command a good deal of local support.
The Dorset councils’ proposals would establish a single tier of local government across the whole of Dorset, replacing the nine existing local government areas and their councils with two new local government areas and councils: one to cover the areas of Bournemouth, Christchurch and Poole, and a second covering the rest of Dorset.
Dorset estimates that that has the potential to generate savings of at least £108 million over the first six years. The full transformation programme, which unitarisation makes possible, offers the potential to save more than £170 million over that period. In bringing forward their proposal, the nine Dorset councils undertook extensive engagement and open consultation. That included a formal consultation from August to October 2016, comprising the following elements: an open consultation; a representative household survey; a survey of all parish and town councils; 15 lengthy deliberative workshops; nine in-depth telephone interviews with representatives of some of Dorset’s largest companies; and finally, the opportunity to submit written submissions.
Simon Hoare (North Dorset) (Con)
Could my hon. Friend amplify two points? First, the proposal is to create two new councils, not to merge existing local authorities; secondly, the most germane point is that this has been a grassroots-up proposal, not a top-down diktat.
Rishi Sunak
I thank my hon. Friend for both his points, which he made well and with which I am delighted to agree. This locally led and locally driven proposal came from the bottom up for Government to consider.
The consultation programme achieved well over 70,000 responses. There was clear support for moving to two unitary councils. In the representative household survey, 73% of residents were supportive. In general, across all the areas of Dorset, there was an emphatic preference for the proposed option, with 65% of residents in the representative household survey supporting it.
The then Local Government Minister, my hon. Friend the Member for Nuneaton (Mr Jones), told Parliament in February last year what criteria Government would use for assessing locally led proposals for local government restructuring, namely that the proposal is likely to improve local government in the area concerned; that it has a credible geography; and that it commands a good deal of local support.
Conor Burns (Bournemouth West) (Con)
The Minister is talking about the widespread grassroots support for the proposal. Will he also acknowledge that it enjoys my support as the Member of Parliament for Bournemouth West and the support of my right hon. Friend the Member for West Dorset, my hon. Friends the Members for Poole, for Mid Dorset and North Poole, for North Dorset and for South Dorset, and my right hon. Friend for Bournemouth East (Mr Ellwood)? Only one Member of Parliament in Dorset is in opposition to the proposal.
Rishi Sunak
I agree with my hon. Friend. He states the fact clearly: every Member bar one in the county of Dorset is supportive of the proposal.
Sir Christopher Chope (Christchurch) (Con)
I am that person, but I know that the Minister believes not in the tyranny of the majority but in democracy and the undertaking given by the Government in the House of Commons in 2015 that no local authority would be abolished without its consent. May I ask him to confirm that the criteria to which he has just referred were not published until after submission of the application? They were only published in response to a parliamentary question from me.
Richard Drax
I want to put on the record that I support the move, as my hon. Friend the Member for Bournemouth West has said. Initially, I did not take part in the discussion or make a decision because I believe that it is one for local people and local councils. However, the evidence that they wanted it was overwhelming, so I back them.
Rishi Sunak
I thank my hon. Friend for that comment. I say to my hon. Friend the Member for Christchurch that I am happy to discuss the issue now, except I fear that he may want to return it in reference to the exchanges on the passing of the Cities and Local Government Devolution Act 2016 and the assurances he believes he was given. He has corresponded at length with the Department on that point. Suffice to say, I think there was a misunderstanding on his part about what was said. It was clearly set out by the then Secretary of State, my right hon. Friend the Member for Tunbridge Wells (Greg Clark), that the Government would not impose a top-down solution on local government but would respond to locally led and locally driven proposals. That was further clarified in the other place by Baroness Williams of Trafford, who made it explicitly clear that no one council should have a veto on restructuring proposals.
Simon Hoare
It is not only the noble baroness who has confirmed that point. In early December, during the Adjournment debate secured by my hon. Friend the Member for Christchurch, the then Minister, my hon. Friend the Member for Nuneaton (Mr Jones), confirmed in response to an intervention by me that unanimity was not required.
Rishi Sunak
My hon. Friend is absolutely right. In fact, my hon. Friend the Member for Nuneaton told the House that the Government’s intention was for those criteria to be assessed in the round and across the whole area subject to a reorganisation, and not to be considered individually by each existing council area.
Following on from that, on 7 November 2017 the then Secretary of State told the House in a written statement that he was “minded to” implement the proposal made by the Dorset councils. A period of representation followed, until 8 January this year, during which we received 210 representations. On the basis of the proposal, the representations and all other relevant information available, the Government are satisfied that all the criteria are met. On 26 February 2018 the Secretary of State announced his decision to implement the proposal, subject to parliamentary approval, and on 29 March laid the draft statutory instruments.
We believe that the proposed governance changes for which we are seeking parliamentary approval will benefit people across the whole of Dorset, in every district and borough. Our aim as a Government is to enable the people of Dorset to have as good a deal as possible on their local services. That is not the view of the Government alone; it is shared by 79% of all councillors across the whole of Dorset, and by other public service providers and businesses, including in particular those responsible for the provision of healthcare, and the police, fire and rescue, and rail services across Christchurch and the wider Dorset area.
As has been mentioned, on 29 November a number of my right hon. and hon. Friends with constituencies in the area wrote to the then Secretary of State, my right hon. Friend the Member for Bromsgrove (Sajid Javid), urging him to support the proposal submitted by the Dorset councils as the option that commanded strong local support and that will do the job that needs to be done. They stated that
“the further savings required to be made, if our councils are to continue delivering quality public services, can only be done through a reorganisation of their structures”.
The representative household survey, commissioned by the nine Dorset councils, estimates that 65% of residents across the whole of Dorset support the proposal. Of the nine Dorset councils, eight support the proposed change and have formally consented to the necessary secondary legislation.
Regarding the one Dorset council that does not support the proposal—Christchurch Borough Council—a third of its elected councillors do support the proposal. Those councillors wrote to my right hon. Friend the then Secretary of State, stating:
“We are acutely aware of the constraints on local government funding and the financial pressure that upper tier services are facing. We therefore consider it our duty to respond to these challenges by supporting the restructuring of local government in Dorset.”
Finally, it might be helpful to say something about the statutory framework.
Toby Perkins (Chesterfield) (Lab)
We have heard from many local Members about their support for the proposal. I have a letter here from the leader of Christchurch Borough Council outlining its view that Bournemouth and Poole could go together but, because 84% of residents voted against it in a referendum, Christchurch should be allowed to stay independent. Could the Minister explain why he came to the conclusion that Christchurch should be forced into it when the people seem to be saying that they are against it?
Rishi Sunak
I thank the hon. Gentleman for that intervention. I think the poll he refers to was an open-ended one run by the borough of Christchurch, which accounts for only 6% of the population of the Dorset area. Secondly, it is not only Christchurch Borough Council that is responsible for the services provided to the residents of Christchurch. The county council provides about 80% of those services. Across the piece, in the representative household survey, which was designed to be statistically representative, there is strong support among more than 60% of Christchurch residents for this particular proposal.
Simon Hoare
I have searched, as I am sure the Minister has, all the regulations and guidance for the status of a referendum in this process, but it cannot be found. To call it a referendum is incorrect. It was a parish poll, which is not binding on the commissioning body—that is, the borough council—and it is certainly not binding on Her Majesty’s Government.
Rishi Sunak
I thank my hon. Friend for his intervention. He is right to raise the validity of the poll. I am sure we will return to that issue later. Suffice to say, there are questions as to whether the poll is valid and they should be taken into consideration.
Sir Christopher Chope
In that case, why did my right hon. Friend the then Secretary of State encourage the holding of that local poll, at tremendous expense to local people, implying that the decision taken would be compelling evidence in the case?
Rishi Sunak
It is not my understanding that the then Secretary of State encouraged the running of that poll. Regardless of that—and my hon. Friend knows this because my right hon. Friend the previous Secretary of State told him—he did take the poll into account when considering the proposals.
To return to the statutory framework, the regulations vary the Local Government and Public Involvement in Health Act 2007 in its application to the case of the Dorset councils during the period from when the regulations come into force until 31 March 2020. The regulations require the consent of at least one relevant authority. In this case, Bournemouth, Poole, the county of Dorset, five of the districts within Dorset and eight of the nine councils in Dorset have consented to the regulations being made.
In conclusion, the merits of the abolition on 1 April next year of the nine existing local government—
Sir Christopher Chope
Before the Minister finishes, will he say something about the legal action that is being taken against the Government by Christchurch Borough Council on the advice of leading counsel, the letter before action that was sent, and the implications for good local government in Christchurch if we end up with litigation that ultimately results in the regulations being quashed?
Rishi Sunak
I am happy to do that. The Department has received what is called a pre-action protocol letter from Christchurch Borough Council, informing of its consideration of a judicial review. It is important to note that that is not the start of a formal legal proceeding. It is an exploratory letter, to which the Government have responded extremely robustly. We have set out in no uncertain terms why we believe—
Simon Hoare
I note the use of the word “again”, Sir Henry. Is my hon. Friend the Minister aware that in two conferences with leading counsel, which my hon. Friend the Member for Christchurch has referred to and one of which he attended, leading counsel advised Christchurch Borough Council that there were no grounds for a judicial review?
Sir Christopher Chope
I do not think we are going to make much progress in this Committee if there is such misrepresentation of the facts. Leading counsel was indeed asked by Christchurch Borough Council to look at the legal issues. It was only after the regulations were laid that the council went back to leading counsel and said that it was shocked to find that they were retrospective in effect. On going back a third time to leading counsel, they advised that the borough council had a good case for quashing the regulations and wrote a letter asking the Government to withdraw them. The point made by my hon. Friend the Member for North Dorset is completely irrelevant.
Rishi Sunak
My hon. Friend the Member for North Dorset was making a point about the substance of the case. I can tell the Committee the content of the Government’s letter in reply to the pre-action protocol letter. It notes that there is a bad case on the grounds of delay and that the substance of the case is wholly without merit; the Government believe that it is not arguable at all. I have no doubt we will hear from Christchurch Borough Council in due course.
Richard Drax
I want to make one more important point. As far as the decision makers are concerned, there was cross-party agreement—all parties agreed to this.
Rishi Sunak
I thank my hon. Friend for that intervention. It is important to note that there is widespread support from different parties and people from different walks of life, across the entire piece, for the regulations.
That is an important note to conclude on. This is a locally led proposal, submitted by the Dorset councils, which we believe will improve local government and service delivery in the area. It represents a credible geography and commands a good deal of local support. I have full confidence in the area to implement the unitarisation by next April, enabling the elections to the new council in May next year. On that basis, I wish the councils involved the best of luck and good speed with all the proposals they want to bring forward. I commend the regulations to the Committee.
Rishi Sunak
It is with some trepidation that I attempt to respond to my hon. Friend the Member for Christchurch, not only because he held this brief a long time ago and is a distinguished Member of this House, but because when I was a small boy growing up in Southampton, his was perhaps the first local MP’s name that I knew. I put on the record my respect and admiration for his persistence in pursuing this course. It is right that we have a proper thorough, detailed debate on the issues he has raised, which we will no doubt continue to discuss after we consider this statutory instrument and move on to the next.
I would also like to thank my right hon. Friend the Member for West Dorset and my hon. Friends the Members for North Dorset and for South Dorset for their contributions. I also note the presence of my right hon. Friend the Member for Bournemouth East (Mr Ellwood) and my hon. Friends the Members for Poole and for Mid Dorset and North Poole, who I am sure we will hear from later.
We have covered so many issues. In the short time I have to respond, I will summarise and pick up in detail in the next part. In short, I echo the comments of my right hon. Friend the Member for West Dorset. He put it very well: ultimately, what we are discussing today is about people. Often frail and elderly, they are the people whom we as MPs or councillors across Dorset have the privilege to represent. Those representatives have thought long and hard about how best to serve those people, and how best to provide the public services that their constituents rely on in the financial climate and changing demographics they face.
Those councillors and people in the local area, who know their constituents best, have put forward the proposals we are considering. As I opened, I will close: these are locally led proposals, which have been developed and supported extensively across Dorset. We have heard a lot about polls, retrospection, invitations and reorganisations but we should leave with this point in our heads: across the entire area, including in Christchurch, there is a good deal of support for these proposals. They will improve local government in the area, as we heard so eloquently from my right hon. Friend the Member for West Dorset. They will improve local government for the people who live in those places. The geographies we are considering make logical sense. As the Committee considers these undoubtedly complex and difficult matters, I leave them with that in mind. This is not a top-down, imposed reorganisation.
The Government have responded constructively and diligently to the proposals that were put forward. It has taken an incredible amount of time, care and patience to consider those proposals carefully. That has included engaging with my hon. Friend the Member for Christchurch and others on many occasions on the points he has consistently raised. I am fully confident that the proposals in front of the Committee deserve our support and will benefit the good people of Dorset in the years to come. I commend the regulations to the Committee.
Question put, That the Committee has considered the draft Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018.
Rishi Sunak
I beg to move,
That the Committee has considered the draft Bournemouth, Dorset and Poole (Structural Changes) Order 2018.
It is a pleasure to commence debate on the second order. The order, which is made under section 7 of the 2007 Act, has several provisions. First, it will introduce a single tier of local government for a new local government area, comprising the existing boroughs of Bournemouth, Christchurch and Poole, and a single tier of local government for a new local government area covering the remainder of the county of Dorset. It will wind up and dissolve the counties and boroughs of Bournemouth and Poole, and the county of Dorset and its districts, and it will provide appropriate transitional arrangements, a shadow authority and a shadow executive for each new unitary area. Finally, it will establish, in agreement with the councils, new electoral arrangements. The order provides contingency warding arrangements for the May 2019 elections, but it is important to note that we expect the Local Government Boundary Commission for England to undertake a full electoral review of the area in time for those elections.
The order gives practical force to our debate and the restructuring that we have already considered. This is a locally led proposal submitted by the Dorset councils, which if implemented will, we believe, improve local government and service delivery in the area. It represents a credible geography, and commands a good deal of local support. I have full confidence in the local area to implement unitarisation by next April, enabling elections for the new councils in May next year. On that basis, I commend the order to the Committee.
Rishi Sunak
It is a pleasure to wind up this spirited and thoughtful debate. I echo my hon. Friends in thanking the hon. Member for Oldham West and Royton for the typically constructive attitude he has brought to our proceedings. I look forward to many more discussions with him in the months to come. I join my hon. Friends in paying tribute to Mr Rowsell, who we have heard a bit about. He and his team have worked tirelessly over the past few years to ensure that we arrive in this debate having gone through thorough diligence and due process. He is a sidesman of the 11th century priory in Christchurch, which I believe has one of the longest naves in England.
Rishi Sunak
I am corrected by my hon. Friend; it is the longest. Mr Rowsell follows his father in that role, and I thank him and his team for all the work they have done on this project.
I will briefly touch on some of the substantive issues raised. All the contributions from Members of Parliament from Dorset have been thoughtful and passionate, and they have demonstrated clearly that they take seriously their duty to represent their constituents, to disagree respectfully and to ensure that all voices are heard. I thank them for the way they have approached proceedings.
We have heard a lot about the parish poll in Christchurch and what it meant or did not mean. Not only did the Secretary of State consider that poll in the round with all the other representations, but he also received representations that were highly critical of the conduct of that poll, with many suggesting that it should have little validity at all. It is worth bearing in mind that the properly representative sample survey that was done as part of the formal consultation shows that 63% of residents in Christchurch supported the principle of two unitaries and 64% supported the specific proposal that we are considering.
It is the Government’s view that there is nothing retrospective about what we are doing here. That is similarly the view of the Joint Committee on Statutory Instruments, which has not commented particularly on this matter. These statutory instruments modify existing legislation, so that in the future certain acts can take place. According to most people’s common understanding, retrospectivity means changing the legality of an act that has already happened. In this case no act has happened. We are talking about things that are to happen.
Rishi Sunak
I will not, because there is lots to cover, and my hon. Friend and I have discussed this topic a great deal.
Let me turn to the questions raised about council tax and savings. On council tax, it is right that people are expecting a view, and I can set out for the Committee the position, not just in this case but in previous cases. There is a joint committee in place at the moment involving the councils in both proposed unitaries. It will produce proposals for the Government setting out its plans for council tax harmonisation. The Government’s job is to bring legislation to the House—which we will before the summer—that sets in place the maximum number of years over which equalisation can take place. It is then for the local authorities to decide on the exact path. It is worth bearing in mind that in the previous round of unitarisations in 2009, the period envisaged in the legislation was five years. That is something that hon. Members can work with, and soon enough we will come to a view. In the meantime, we are happy to take representations from colleagues and anyone else on that important matter. As my hon. Friend the Member for Christchurch pointed out, there are specific criteria with which those will be judged.
I will conclude by paying tribute—
The Chair
Order. Minister, I am afraid we have to put the question now.
Question put, That the Committee has considered the draft Bournemouth, Dorset and Poole (Structural Changes) Order 2018.