Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019

Lord Bourne of Aberystwyth Excerpts

Wednesday 13th February 2019 Grand Committee

Moved by

[Lord Bourne of Aberystwyth]

That the Grand Committee do consider the Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, a draft of these regulations was laid before this House on 14 January. They are an enabling element in the processes for implementing the locally led proposal to replace the five existing Buckinghamshire councils with a new single unitary council. If approved by Parliament and made, the regulations will allow orders to be made under the Local Government and Public Involvement in Health Act 2007 to implement the Buckinghamshire proposal. In short, this is the first of two steps for these proposals.

Specifically, the regulations provide that Part 1 of the 2007 Act is varied in relation to Buckinghamshire so that: proposals may be made for the purposes of the 2007 Act by any principal authority in Buckinghamshire on its own initiative; any unitary proposal received by the Secretary of State from Buckinghamshire councils, including pre-existing proposals from before the regulations are made, may be implemented with or without modification by order; and the requirement for the Secretary of State to consult the councils and other persons affected by the proposal does not apply, reflecting the extensive consultation undertaken by the county council and the subsequent period for representations.

The regulations would expire at the end of March 2021 to allow sufficient time for all necessary orders under the 2007 Act to be made, to give full effect to the proposal. For regulations made on or before 31 March 2019, the Cities and Local Government Devolution Act 2016 requires at least one of the councils to give its consent to the making of the regulations, if the regulations are to be made. Buckinghamshire County Council has given its unconditional consent to the making of these regulations.

Alongside these regulations, in addition to the usual Explanatory Memorandum, we have also laid a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make them, as required by Section 15 of the Cities and Local Government Devolution Act 2016. The report also provides contextual information about the regulations.

Regarding the context, as that report explains, the Secretary of State considers it appropriate to make these regulations which provide for Part 1 of the 2007 Act to be varied in its application to Buckinghamshire, to reflect the initiative of Buckinghamshire County Council to make a proposal for structural change without an invitation having been received from the Secretary of State.

The context to this proposal is that there is wide consensus that the current local government arrangements in Buckinghamshire are unsustainable and inappropriate. In September 2016, the county council submitted a proposal for a new single unitary council. In January 2017, the four district councils submitted a proposal for two unitary councils. My right honourable friend the Secretary of State and his predecessor evaluated these proposals against the Government’s criteria. They concluded that both proposals met the criteria about a good deal of local support. The over 3,000 representations we received on this matter showed overwhelming support for change, with 87% of all representations supporting unitarisation in principle, 35% of all representations supporting a single unitary council, and 47% supporting the two-unitary proposal.

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[Lord Beecham (Lab)]

My Lords, I declare an interest as a member of a local authority with a population of 280,000. I am also an honorary vice-president of the Local Government Association.

We are in the paradoxical position of passing regulations which effectively bypass the wishes of four district councils in Buckinghamshire and of the 47% of respondents to the consultation on the proposal to abolish these councils and merge them with the county council. As we have heard, they voted for two unitary authorities to be created from the four districts. Slough, which is geographically in Buckinghamshire, is already a unitary authority, and so is Milton Keynes. Their views were backed by the chair of the District Councils’ Network, who blamed the decision on what he described as “ill-conceived legislation”; namely, the Cities and Local Government Devolution Act. This includes a sunset clause expiring—curiously enough—in March, which permits the Secretary of State to fast-track changes with the consent of only one local authority; in this case, the county council.

Even the Secretary of State, who bears the uncannily appropriate name of Brokenshire, acknowledges the concern that a single unitary authority might weaken democratic engagement at the most local level. Incidentally, he said he would consult on whether this year’s local elections should be delayed to avoid councillors being elected for only one year. Can the Minister say what has been decided in respect of this matter?

The public consultation produced only a 35% response in favour of the proposals. How can the Government justify proceeding with such a slender measure of support? I understand that Chiltern and Wycombe District Councils—neither of them, I regret to say, yet Labour-controlled—wrote to the Secretary of State with notice of intention to institute a legal challenge. Joined by South Bucks, they are now seeking judicial review. Can the Minister indicate when the case is likely to be heard? Would it not be more seemly to defer any decision on the regulations until the legal proceedings are concluded?

In the debate on the draft regulations in the Third Delegated Legislation Committee, Dame Cheryl Gillan, the Member of Parliament for Chesham and Amersham, launched a blistering attack on the proposals. Among much else, she quoted the previous Under-Secretary of State, James Wharton, who, during the passage of the then Cities and Local Government Devolution Bill, stated that it was the Government’s intention to build consensus, saying:

“We are not going to impose change on areas that do not want it”.—[Official Report, Commons, 7/12/15; col.772.]


Given that four of the five authorities involved—that is all the district councils affected—oppose the proposals, how can the Government square their decision with that emphatic commitment? In addition to the unanimous view of the district councils, 70% of parish councils in the area support the proposal for two unitary authorities, as do local businesses and other stakeholders.

Dame Cheryl also drew attention to the Government’s effective imposition of the county council leader as the initial leader of the new authority, with a majority of county councillors on the executive and the potential appointment of the county chief executive as “implementation leader”. This looks uncannily like a county council takeover—a sort of Amersham Anschluss.

In his reply to the debate in the Commons, Minister Rishi Sunak said:

“It is time for a fresh start for Buckinghamshire. It is time for people to forget about what has happened in the past, leave aside the tags of district and county, and come together to work for the benefit of residents”.—[Official Report, Commons, Third Delegated Legislation Committee, 4/2/19; col. 18.]


This is all very well, but the people are being given no voice and no vote on the issue.

This is yet another example of government practice since 2010. Then, some councils were compelled to hold ballots on whether to move to elected mayors. Although many, including Newcastle, voted not to do so, the Government’s reaction over time was to require elected mayors as a condition of the establishment of combined authorities. Their contempt for local government was further exemplified by the abolition of regional offices of government—originally established by an earlier Conservative Administration—which had proved a successful way of building constructive relationships between the two tiers of government.

I trust that the Minister will not emulate his colleague in the Commons, who concluded the debate on the regulations by declaring that he was,

“confident that, before too long, we will have a happy resolution to all outstanding matters, and that the people of Buckinghamshire can look forward to a bright future”.—[Official Report, Commons, Third Delegated Legislation Committee, 4/2/19; col. 18.]

This is the utterance of a political Candide, believing that all is for the best in the best of all possible local government worlds.

[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who have participated in the debate on the proposals for unitarisation in Buckinghamshire. I remind noble Lords that a locally led proposal is the background to this—as it should be, as the noble Lord, Lord Beecham, rightly said. The provisions will run out on 31 March this year, when we will revert to the previous procedures and to legislation brought in under Tony Blair, if I am not mistaken. That would require an invitation from the Secretary of State to amend local government procedures, unless there is unanimity among local authorities, in which case it would not be necessary.

The noble Lord, Lord Stevenson, made a point about Milton Keynes. He is right that it is a dog that has not barked and was not part of the locally led proposal. I recognise that Milton Keynes is significant in that area but it was not part of the process. He also made a point about viable geography and the size of a unitary authority. I think this issue has been addressed; indeed, my honourable friend the Minister for Local Government dealt with this issue in the other place and followed it up with a letter that talked about the process. I will make sure that the relevant letter is sent to noble Lords.

Originally, we imagined a population range of between 400,000 and 600,000 people, but subsequently found that this was too high. I am not saying that no ranges are above that figure, but the norm is somewhere around the 300,000 mark I referred to. It is not a hard-and-fast rule, but it is a guiding principle. The size has an effect on the nature and the split of services; indeed, the children’s commissioner gave the view that one unitary authority would be more beneficial than two. That view was reflected in the consultation—not exclusively, I accept, but getting 100% support for proposals is always pretty unlikely in a consultation. There was certainly discontent from the authorities, all of which were not content with the status quo. We have not had representations from local parties saying that the proposals are untenable.

The choice facing my right honourable friend the Secretary of State was between progressing with one unitary authority for the four district authorities or with two. Obviously, a judgment of Solomon must be made. With respect, all the authorities are Conservative-led, so there can be no idea of this move being for political gain; that was not suggested but I want to make the point. The Minister acted in this way after looking at the viable geography and representations made, and trying to work out which proposal presented the best option for local government in the area. He thought that a single unitary authority was that best option.

I do not pretend that this will please everyone; clearly it will not. For example, it will not please the noble Lord, Lord Beecham, which I suggest will not change after I finish speaking and after the regulations have, I hope, been agreed to. As I say, we must look at the considerations I presented, the provision of services and the size of the entity. All are important but there was certainly little or no support for the status quo: 87% of people felt that the status quo was not viable, so the suggestion that this will upset everybody in the area is somewhat far-fetched. The noble Lord also mentioned the deferral of elections. They are being deferred for a year, in line with what all the authorities—district and county councils—asked for.

If I have missed any other points made by noble Lords, as I almost certainly have, I will pick up on them in a letter. Echoing the point made by the noble Lord, Lord Stevenson, noble Lords will get another bite of the cherry when the order comes forward and we look at some of its provisions in more detail. With that, I commend the regulations to the Committee.

[Lord Stevenson of Balmacara]

Given that the Minister welcomed the idea of further debate on the order, is he prepared to meet me and other colleagues from the area to exchange views on some of the deeper issues raised by this?

[Lord Bourne of Aberystwyth]

It is always a pleasure to meet the noble Lord. I am very happy to do that, but without any promise that it will make any difference.

Motion agreed.