Localism Bill

Baroness Warwick of Undercliffe Excerpts

Tuesday 7th June 2011 Lords Chamber

[Baroness Warwick of Undercliffe]

My Lords, I share many of the concerns about the Bill that have been expressed across the House during this debate. Many of these reflect noble Lords’ particular interests and I do not propose to repeat these, except to say that they have given the House real cause for anxiety about many of the Bill’s provisions. I shall restrict my remarks to some general points that strike me as particularly worrying.

First, however, I make it clear that I support the concept of localism. I agree with the principle that those elected in a local area should be able to do what is in the interests of the communities they serve, rather than do only the things that Parliament specifically authorises them to do. I certainly believe that local groups, so often supported by dedicated volunteers, are perfectly placed to take decisions that will make a difference to their communities. Long before we became familiar with the phrase “big society”, these groups were working to care for older people, run nurseries and playgroups, manage co-operatives and give families and parents much valued support and advice. Devolving power to local communities and giving people a real say in how their local area is run makes sense. Indeed, my party has long believed this. As has been highlighted already in this debate, when in government it took important steps in that direction.

I am concerned that the potential benefits of the new powers that the Bill proposes giving to councils will be at risk because of the massive cuts in local authority budgets. The Government’s rather bombastic barrier-busting rhetoric means little when councils are facing a total funding shortfall of £6.5 billion in the next two years, putting many council services under threat. Coming at a time when the Government are reviewing all duties of local authorities and talking in terms of demands, burdens and restrictions, it is vital that we have a list of protected council duties. I am particularly concerned about the need to protect services such as libraries and duties towards children in care and the homeless. Will the Minister give us an assurance that this issue of protected services will be addressed?

Although the Bill in its current form gives local community groups and council employees the right to bid to run local services, the cuts which the Government are simultaneously imposing on local councils will hit community and voluntary groups particularly hard. As others have already observed, far from doing more, as the Government assert, they may be able to do rather less. As I and others in this House have said on previous occasions, vital services cannot simply be shifted to voluntary groups as a way of cutting spending.

Although I would have liked to see Amendments 36 and 37 that were proposed in the other place go through, as it would have set out the statutory provisions to be protected under the Bill, I realise that we have to deal with the Bill as it is. But therein lies my deeper concern. It is difficult to be persuaded that this Bill can deliver genuine localism when it confers so many powers on the Secretary of State to curtail it. Although these powers have received some amendment in the Bill’s passage through the other place, notably to ensure proportionality and to achieve a fair balance between the public interest and the interests of any person adversely affected, I am nevertheless still deeply worried by the wide-ranging nature of the Secretary of State’s proposed new powers.

I particularly share with many others a view that it is not desirable for the Secretary of State to be able to,

“amend, repeal, revoke or disapply”,

any duty on local authorities. In this regard the Bill has worrying echoes of the Public Bodies Bill, which so exercised this House in recent months. I spoke to amendments on that Bill, declaring my interest as chair of the Human Tissue Authority, and we made some reassuring progress. As was pointed out by noble Lords during that debate, amending primary legislation by simple affirmative order is a device which Governments must use with care. This House was urged from all sides to reflect on the strictures of the Constitution Committee, which clearly stated: “Departures from constitutional principle”, such as these Henry VIII clauses,

“should be contemplated only where a full and clear explanation and justification is provided”.

That explanation and justification are needed equally in our discussion of the Bill before us today.

We have had much discussion this afternoon on what real localism may look like. Real localism will allow local communities to decide for themselves whether or not they want a mayor, and who their shadow mayor should be, and will require local authority pay policy statements to include the lowest paid as well as the highest paid so that local communities can see for themselves that there is fairness in local government pay. But most importantly, a Localism Bill that delivers will be one that clearly protects the vital duties of local councils—those duties which were created by legislation and which provide services on which people rely. Those duties must be protected from the powers being proposed for the Secretary of State by this Bill.