New Towns Act 1981 (Local Authority Oversight) Regulations 2018
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Lord Shipley (LD)
My Lords, I remind the House that I am a vice-president of the Local Government Association, and I recognise the contribution of my noble friend Lord Taylor of Goss Moor in getting us to this stage.
As the Minister said, these regulations relate to both the new town development corporation model and to the oversight of them being transferred from the Secretary of State to local government where local government requests it—and, rightly, any designation will be subject to consultation and parliamentary scrutiny. As he also said, it is important that this process is locally led.
Our country has a proud history of the creation of new towns, mostly through the development corporation model. However, local government has a strong history of delivery—Northumberland County Council with Cramlington new town is an excellent example of local government leadership.
My noble friend Lord Taylor of Goss Moor referred to changing the regulations so as not to have an imposed borrowing limit of £100 million. That is the right thing to do. However, it means that strong financial controls will need to be in place and, in that respect, it will be necessary for the boundaries of the local authority oversight powers and the new town development corporation’s powers to be clarified in some detail in guidance as to exactly where the dividing line between the two is.
I am also pleased that the membership will be made up of a majority of independent members, who will have to demonstrate the required expertise and skills to make a success of the development corporation. However, what steps might the Government introduce in guidance to make sure that the appointment of independent members is a full and open process in which it can be demonstrated why they have been appointed?
My noble friend Lord Taylor of Goss Moor talked about the quality of development and the number of homes of quality that are required. He was absolutely right in what he has said. From my perspective, in order for this process to work, we need more highly professional planners who understand how to build communities rather than dormitory developments in the form of new housing estates. In my view, over recent years planning has become more about gatekeeping developers than strategic planning, so I hope that these regulations will be seen as a major opportunity to reverse that trend.
In conclusion, as the Minister said, this is about local ownership. Moreover, as my noble friend Lord Taylor of Goss Moor said, this should not be controversial because it is a major and welcome step forward.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I declare my interest as a vice-president of the Local Government Association. I am happy to support the regulations before the House and I congratulate the noble Lord, Lord Taylor of Goss Moor, on securing this change to the legislation when the Bill was going through the House. I am very happy that we will provide local authorities with the option of being able to lead on new town developments. That is a good thing and, as other noble Lords said, will allow a level of independence so that they can go forward. Given that, I am happy to support the regulations as they are.
I was pleased that the Government listened to the responses to the consultation on the financial limits; that is very good news. However, the report of the Secondary Legislation Scrutiny Committee talks about the length of the consultation. I have mentioned a number of times the question of consultations from the department. This appears to be truncated down to four weeks, whereas ideally it should be six weeks and perhaps even longer. There is also a general point to be made about the consultation itself, in that, whether it produces negative or positive responses, the level of those responses is actually very low. The Government should look at ways of trying to get more people to engage with what they are doing.
I agree strongly with the comments of the noble Lord, Lord Taylor of Goss Moor, about the construction of new towns and bringing the process up to date. Indeed, it is a good intention on the part of the Government to deliver on this. A number of noble Lords observed that new homes must be of sufficient quality, which is extremely important. They must be properly energy efficient, built using the best techniques and set within the right infrastructure. In that way we will have homes in new towns and elsewhere that will be there for many years. If we do not get this right, we will simply create housing problems for future generations. I am conscious that in the 1950s, 1960s and 1970s, while Governments of all persuasions built a lot of housing, in the end a good deal of it turned out to be of very poor quality. For all the promises, those houses failed the families who had to live in them. Of course, some of the properties are still here today. So it is important that, whatever is built, be it in new towns or elsewhere, quality should underpin it. Hopefully, having a local element in new towns, with local people being fully involved, will help with that. Again, I am happy to support the regulations.
Lord Young of Cookham
My Lords, I thank all noble Lords who have contributed to the debate, in particular the noble Lord, Lord Taylor of Goss Moor, for his continuing support and for putting these proposals into an historical context. As the Minister responsible for new towns in the 1980s, I found it rather nostalgic to be taken through the history of the new towns. As he and other noble Lords said, the climate has changed since then. There is more of an appetite for local engagement, and indeed, as the noble Lord, Lord Shipley, said, we now have the proven competence of local authorities to undertake major developments.
The noble Lord, Lord Taylor, said that the introduction of the regulations was a necessary and important step in helping to increase the country’s housing supply. Indeed, I think that there is general agreement on all sides of the House that localising new town development corporation powers will provide local authorities with a new and powerful vehicle for driving forward high-quality new communities at scale. I endorse what the noble Lord, Lord Kennedy said about quality. That is why we have written that into the regulations. The Government want the initiative to be a success and we recognise that the change that we have made, with the slightly lighter touch of the Treasury, makes it a more appetising proposition for local authorities.
I shall pick up some of the points that were made. The noble Lord, Lord Shipley, asked about the relationship between the oversight authority and the new town development corporation. Prior to agreeing to the establishment of a locally led development corporation, we would expect to see a proposal for governance arrangements that provided appropriate oversight of and independence for the new town development corporation.
On the membership of the development corporation, we want it to have operational independence to get on with the job, but we have required that the board should have a majority of independent members. In response to the question asked by the noble Lord, Lord Shipley, the appointment of the chair, the deputy chair and the independent board members should be through an open, transparent and publicly advertised process in line with the broader principles for local authority appointments. There has already been some indication of an appetite for these new regulations. The four local authorities that lead the North Essex Garden Communities project have expressed an interest in setting up a locally led new town development corporation.
The regulations provide a vital lever for delivering the transformational housing growth that we need while ensuring that surrounding existing communities will also benefit from well-planned infrastructure and community amenities. I beg to move.
European Union Referendum
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Lord Young of Cookham
Noble Lords had an opportunity to debate and vote on that in the recent EU withdrawal Bill. The notion of a second referendum was not one that found favour in either House. On the rest of the noble Baroness’s question, since the referendum, Parliament has voted to trigger Article 50 and we have passed the EU withdrawal Bill. That gives us a democratic mandate.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I know the noble Lord agrees that our laws on elections and referendums are not fit for purpose. Will he give an assurance to the House that the Government will act when all these inquiries and investigations are over?
Lord Young of Cookham
Yes. On one of the many occasions that we have debated this, I think I quoted a comment made by my party before the last election about the fitness for purpose of the current legislation. It makes sense to await the outcome of the court case, the EC inquiries into the referendum and the elections, and other inquiries. Then we can stand back and look at how the electoral law can best be brought up to date so that we have a digital framework for a digital age.
Elections: Electoral Commission Recommendations
Lord Kennedy of Southwark Excerpts(5 years, 10 months ago)
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Lord Young of Cookham
My noble friend will know that the Electoral Commission has made requests for legislation, particularly to increase the sanctions that are available to it. He referred to some commission inquiries. Last month, the commission published an inquiry into the activities of Vote Leave during the referendum campaign. He is quite right that there are two outstanding inquiries: one into Better for the Country Ltd and Arron Banks, and one into Vote Leave, Darren Grimes and Veterans for Britain, which commenced in November last year and, as I understand it, will be completed later this year. The Electoral Commission is an independent body so I need to be careful with what I say, but I am sure that Sir John Holmes will read my noble friend’s comments.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, does the Minister agree that our legislation on elections and referendums has not kept pace with technological advances, risks interference from abroad and is generally not fit for purpose?
Lord Young of Cookham
Yes; and I refer to the reply that I gave the noble Lord when he asked me the same question a few weeks ago. We have an analogue legislative process in a digital age and we do need to bring it up to date. I think it makes sense to wait for the outstanding court cases that are currently before the courts, the outcome of the DCMS inquiry into the impact of fake news on modern democracy and the reports to which my noble friend just referred into the referendum campaign. Once we have those, we can step back and look at the legislative framework and see how it will best be brought up to date.
Online Material: Identification of Promoters
Lord Kennedy of Southwark Excerpts(5 years, 11 months ago)
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Lord Young of Cookham
The noble Lord is quite right that this was a recommendation by the Electoral Commission some time ago. During the Scottish referendum these requirements were introduced and the commission said that the rules,
“caused some confusion amongst campaigners and the public”.
The commission recommended further consideration on how to make the imprint requirement on online material proportionate and relevant. That is exactly what we are doing with our proposed consultation. In Scotland there was some debate as to whether Facebook and Twitter exchanges needed the imprint if they related to the referendum.
On the noble Lord’s second point, if we did go ahead it would not require primary legislation; it could be done by statutory instrument. On his third point, I am looking forward to the Committee stage of his Bill, which contains an ambitious programme of electoral reform, not all of which may reach the statute book.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, the noble Lord, Lord Tyler, raises a very important issue. Does the Minister agree that the Question highlights that our laws around elections are woefully out of date and unable to provide the necessary framework, and that we urgently need to review, amend and update the legislation to meet the challenges of the digital world?
Lord Young of Cookham
Yes, I do agree. The Electoral Commission is currently conducting some inquiries into campaigning irregularities, and the results of those inquiries will be published in the next few months. When we have disposed of current cases before the courts, we will then be in a position to address the important issues raised by the noble Lord.
Somerset West and Taunton (Local Government Changes) Order 2018
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Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I declare my interest as a vice-president of the LGA and a district councillor in South Somerset. Taunton Deane and West Somerset have been collaborating successfully for some time and share several services and offices, as the Minister said. Taunton Deane now wishes to terminate its collaboration. Instead, it wishes to take over West Somerset. I have received many submissions from local councillors and others who are opposed to the merger, and none in favour. I shall try to briefly give the House a flavour of the communities being discussed this afternoon.
Taunton Deane Borough Council, as its name implies, includes the county town of Taunton. It has a large community and includes some rural villages and the market town of Wellington, but it can in no way be described as extremely rural. It has excellent infrastructure in the form of the main railway line linking down to Cornwall and up to Bristol and the north of the country. It is situated on the junction of the M5 spine, which runs down the west of the country, and has a thriving hospital, a sixth-form college and FE college, several secondary schools and numerous primary schools. There is a vibrant town centre. Generally, it has everything going for it.
West Somerset is a very different area and council. It is one of the smallest, if not the smallest, district council in the country. It has extremely poor connectivity to the surrounding area. The A39, which is the main route to the largest town of Minehead, has not been updated. Seventy per cent of the landmass of West Somerset is within the Exmoor National Park. This means that the area is extremely beautiful and, with its interesting coastline, West Somerset attracts a great many tourists. However, unlike Taunton, which can rely on the new homes bonus to boost its budget, it is impossible to build large numbers of homes in West Somerset due to planning restrictions in the national park.
There are also many other challenges. The community college at Minehead takes pupils from 14 to 18 and covers an area of 600 square miles. This means that pupils travel large distances on school transport and consequently find it difficult to have any social life outside school, which the pupils in Taunton take for granted.
West Somerset is, however, the site of the nuclear power plants at Hinkley. Power station A is decommissioned but has never been removed, Hinkley B is still operational and Hinkley C is still under construction. Despite this, the roads serving Hinkley are, for the most part, rural, winding roads taking a great deal of extra traffic during the construction phase. West Somerset should have been able to count on the business rates from Hinkley. However, when the Government allowed local authorities to retain business rates, they did not transfer funds to cover historical appeals by businesses against their rating. This was an amazing sleight of hand of which many magicians would have been proud. Consequently, when Hinkley’s appeal was allowed, West Somerset had to refund £6.7 million from its meagre resources to Hinkley. Hinkley’s business rates were £5 million, but they have been reassessed at £29 million. Not surprisingly, Hinkley is trying the appeal route once again.
We have before us a David and Goliath situation. Taunton Deane is financially stable and able to plan for its future with confidence. West Somerset, although having some capital assets, has a revenue budget that is not solvent. This is due not to incompetence on the part of its officers or elected councillors but to the greatly increased costs of providing services in deep rural isolated areas, coupled with the business rates issue outlined above.
Central government does not accurately reflect rurality in its settlement for West Somerset, nor does the Boundary Commission reflect this when reviewing electoral boundaries. It takes no notice of sparsity or connectivity but focuses solely on the number of electors, hence the four county councillors who cover the whole of West Somerset have a great many parished areas to cover. In one case, that is 25 parishes.
Contrast that with the county town of Taunton, which is unparished. The draft Statutory Instrument refers to the Government’s commitment to,
“immediately carry out a Community Governance Review to ensure that the currently unparished area of Taunton is parished as soon as possible”.
I do not see any costs for that in the statutory instrument.
Now we come to the issue of democratic deficit—a subject close to my heart. Currently Taunton Deane has 56 councillors and West Somerset 28. The proposal is for 58 councillors going forward—a 32% reduction. One of the new wards will have five councillors. How is that going to work? There will be five people, potentially from different political parties, all trying to represent the views of the electorate. Many councillors cannot agree among their own party colleagues, never mind those from another party. If the number of electors demands five councillors, why not divide the ward into smaller sections and give those elected a fighting chance of doing a decent job?
West Somerset will now be covered by four divisions with a total of 13 councillors—more than a 50% reduction, while Taunton Deane gets only a 26% reduction. Who devised these massive, multimember wards for very rural areas? This whole thing reeks of political gerrymandering on a massive scale. A consultation has taken place, but this does not appear to have been satisfactory. Like a lot of consultations, the questions asked are often to produce the answers required. I note that the Secondary Legislation Scrutiny Committee was concerned about the nature of the consultation. I quote from a letter sent to that committee, which I received this morning:
“The public consultation was biased in many ways as noted earlier in HL Paper, but it is not mentioned that the proponents of the merger had promoted it in the local press as a fait accompli, (emphasising that the councils had already taken a vote and the proposal to merge had already been sent to the Minister) BEFORE this consultation took place. It was also repeatedly claimed, inaccurately, that the merger per se would save £3.1m”.
I turn briefly to the predatory and unwelcome bid on 2 May by the leader of the county council to form a unitary county. We can see from press reports in the Telegraph on Monday that Somerset County Council is running a deficit budget. It is, therefore, looking to the districts, which are solvent, to bail them out. The leader of the county council says:
“This is the start of the conversation. At this stage the situation is best described as being in ‘talks about talks’ and I’m adamant that I will enter into these conversations with an open mind and nothing on my agenda except delivering long-term sustainable services for Somerset’s residents”.
Still on the subject of unitary, he says:
“I know the announcements earlier this month may have been unsettling, and even worrying, to some staff within SCC and also the districts, especially where it was coupled with alarming headlines. That was not the aim of publicising our discussions and I’m happy to apologise to staff in all organisations if that was the consequence”.
I find these words somewhat disingenuous.
The press release from the five district council leaders who met last Friday, states:
“The leaders of all five district councils together with the County Council have pledged today to work together on a joint review of local governance in Somerset. The aim of the review will be to determine the best way of delivering local public services and meeting community outcomes in Somerset in the future.
Whilst the details of the review are still to be finalised, the leaders have committed to some important principles including … Ensuring the review is independent of any one or group of organisations and that the focus of the review is on what is best for Somerset and its communities … Considering a range of options for the future”,
with all options having,
“a robust business case analysis … Inviting others, including health care, to work with the councils on the review … To engage with communities and stakeholders through the review process, keep people informed and undertake community consultation before any final decisions are made”.
Work will now commence on drawing up detailed plans and timetables for the review, and further updates will be issued in due course.
There was a debate in the other place on the proposed unitary yesterday—this despite the leader of the county council taking the trouble to go to London to lobby the MPs on his proposal. However, his proposal did not meet with unqualified support. I do not doubt that West Somerset is in desperate straits but, if Taunton Deane does not wish to continue its collaboration with it, why not look to Sedgemoor District Council? It also has a boundary with West Somerset and together they form one parliamentary constituency, represented by Ian Liddell-Grainger, who, incidentally, is opposed to the merger that we have before us today. He is recorded as saying that he was gobsmacked at the unitary proposal—and I take that from Hansard.
The costs of the merger are large, setting up a shadow authority on 1 April to be overtaken by the new authority in May 2019 and then, again, by a possible unitary authority. This seems like a desperate waste of taxpayers’ money. I regret that I do not think now is the right time to be progressing this proposal.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I again refer the House to my entry in the register of interests as a vice-president of the Local Government Association.
This is another set of proposals that seems fraught with local difficulty and, as I said before, the lack of clarity from the Government on their plan for local government in England as a whole is not helping matters. The Secondary Legislation Scrutiny Committee of your Lordships’ House has brought these two statutory instruments to the special attention of the House, on the grounds that there appear to be inadequacies in the consultation which relates to these instruments. Inadequacy in these sort of consultations is a matter that I have yet to receive a satisfactory answer on what the department will do to improve the situation.
I am very much in agreement that, for a consultation exercise to carry any credibility, those who organise it must be open-minded about its results, otherwise there is no point in the exercise. I also have some sympathy with the residents of Taunton Deane in respect of their concerns about this merger, as the independent auditor considers West Somerset District Council to be financially unsustainable. The merger may be the answer, but that has not been established to the satisfaction of many people locally. We then have various other individuals giving their views, as the noble Baroness, Lady Bakewell of Hardington Mandeville, said. The leader of Somerset County Council, the Conservative councillor David Fothergill, who lives in Taunton, wants a countywide unitary, which he claims will save the council £28 million. Marcus Fysh, the MP for Yeovil, who is a former county councillor, also wants the county unitary model. James Heappey, the Member for Wells, also wants a county unitary, but Rebecca Pow, the Tory MP for Taunton Deane, is firmly sitting on the fence, saying that she will wait to hear more proposals before she makes her mind up.
It is all a bit of a shambles again, which is not helped by the general approach from the Government, with no clear vision of how local democracy should be delivered in England. It just makes matters even more difficult to get right, although I accept that these things are very difficult. It would in my opinion be better, as we were saying, to see unitary local government in England, and we will work with local councillors and local communities to come up with the best options in each county to deliver that with full consultation.
I wonder whether the Minister can help me, because I am getting a little confused by all these mergers, and how it all works. I think that he said in our previous debate that when we have districts coming together in mergers, any one district can oppose that. Then he said that any unitary proposals are decided in the round, so a council cannot oppose it. But what happens if you get a county district wanting to merge with a unitary? Is that done in the round again, as well, or is there a third option? I am thinking of somewhere like Oxford City Council, which is a unitary and does not want to merge with Oxfordshire. Has it got a veto? I do not know. It all seems very confused to me, and we need to be clear because I think that the Government are very muddled on this.
Lord Young of Cookham
That would be an average, dividing the number of electors by the number of councillors. I have not drilled it down to an individual ward basis.
Lord Kennedy of Southwark
I thank the Minister for his contribution. I mentioned Scotland and Wales in the previous debate. I think the Minister was in the Cabinet when the Major Government introduced unitary government to both Scotland and Wales in 1996, producing 32 councils in Scotland and 22 in Wales. That has largely stood the test of time. It seems strange, if that was the right thing to do then—it seemed to work well then and carries on to this day—that in England, it is very confused. I accept that the noble Lord has said that is what the policy is, but when we have a unitary council in one place and a district council in another, it all just appears to be a muddle. I recall a discussion with, I think, the noble Lord, Lord Lansley, who described that he had five councils potentially levying council tax and other demands in Cambridgeshire, but in Cornwall there was only one. It certainly seems to me to be very confused.
Legislative Reform (Regulator of Social Housing) (England) Order 2018
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Lord Shipley (LD)
My Lords, I remind the House that I am a vice-president of the Local Government Association. I thank the Minister for his explanation and the noble Lord, Lord Best, for reminding us of the history of this matter. We support the order to create a stand-alone regulatory authority. It seems a logical and necessary step, given the changed nature of the Homes and Communities Agency, now Homes England, and the potential conflict of interest that could arise if a housing association was in financial difficulty. It should not be a secured creditor of organisations that it regulates, and the regulatory framework should be robust and seen to be robust by third parties and private investors. There is strong public support for the proposals and, as a consequence, these proposals should command our support, too.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I remind the House of my registered interest as a vice-president of the Local Government Association. The order before the House is one I support. I am grateful to the noble Lord, Lord Best, for reminding us of the history of this and of the bonfire of the quangos—I remember the debates we had in the House about that. Clearly, the phoenix has now risen from the fire and we are back where we started. I am very happy with that and with the explanation that the noble Lord has given us. I am happy to support the order.
Lord Young of Cookham
My Lords, I will respond very briefly. I am very grateful to the noble Lord, Lord Best, for his nostalgic journey through the history of social housing, its regulation and funding. I pay tribute to the key role he has played in a variety of ways in the development of social housing and the role that he still plays today. If I may say so, he made the case for what is before the House even better than I did. I am grateful to both noble Lords who have spoken in this debate for their support.
Bournemouth, Dorset and Poole (Structural Changes) Order 2018
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, I declare an interest as a vice-president of the Local Government Association.
The order and regulations before the House bring into effect proposals to create two new unitary authorities covering Dorset, Bournemouth and Poole. Generally, I am in favour of the establishment of unitary local government in England. I think that the local government structures in Scotland and Wales are generally more fit for purpose than the patchwork that we have developed in England. In those countries the two-tier approach was abolished at the end of the John Major Government, with 32 unitary authorities in Scotland and 22 unitary authorities in Wales.
On numerous occasions I have raised in this House the issue of how local government reform is evolving in England. Generally, it is confused, with little clarity on the objective, the purpose and how it is right to have four tiers of local government in one area while in a neighbouring county the view is that a unitary authority is best. This lack of clarity does not strike me as very strategic, nor mindful of the council tax payer or the delivery of efficient services.
There is also the issue of consent. Clearly, Christchurch Borough Council has not consented. It has gone further and held a referendum on the issue, where 84% of the borough’s residents—on a 54% turnout—rejected what is being proposed here today. The matter went before the Secondary Legislation Scrutiny Committee, which highlighted that Ministers will apply the criteria in the round rather than considering whether the criteria should be met in relation to each individual council area. This is all very strange. Perhaps the Minister can clarify what happened during Third Reading of the Cities and Local Government Devolution Bill in the other place. Did the Secretary of State provide assurance that the council would not be abolished without its consent? I do not know the answer, so perhaps he can tell me.
On 9 May, in Grand Committee in the Moses Room, we discussed local government changes in Suffolk. Having at first been quite complimentary about me, the Minister’s noble friend Lord Bourne of Aberystwyth went on to suggest that I was a Stalinist when all I asked for was clarity, certainty and value for money for the council tax payer. He said:
“We have a broad policy of saying these things have got to be locally led … local democracy is the key point”.
I then moved on to Oxfordshire. I was well aware that certain councils there are pushing for a unitary Oxfordshire, which Oxford City Council is opposed to—as I believe are the majority of the citizens who live in that area. I asked the noble Lord, Lord Bourne:
“Do I take it from what the Minister said that if councils do not want things to happen, they will not happen?”
His response was:
“That is essentially true. These have to be locally led. If they have not got local support, they will not happen … That does not mean that there has to be 100% support”.
He then clarified further:
“Well, for district mergers, there has to be 100% support from the councils. What I am saying is that there does not necessarily have to be 100% support from the local MPs, for example, and that has not been the case”.—[Official Report, 9/5/18; cols. GC 22-23.]
I think that the noble Lord, Lord Young of Cookham, and his department are in some difficulty on this one. His noble friend Lord Bourne made it clear in Grand Committee on 9 May that there has to be 100% support from district councils for mergers to go ahead. Christchurch Borough Council does not agree. Furthermore, it held a referendum and, as I told the House, 84% of the residents of the borough, on a very respectable 54% turnout, did not agree either.
Then we have the Secondary Legislation Scrutiny Committee of your Lordships’ House advising us that Ministers decide these things “in the round”, which it is at complete odds with what the Minister’s noble friend Lord Bourne told us on 9 May. As the noble Lord, Lord Young of Cookham, is well aware and has told the House, the Conservative leader of Christchurch Borough Council, Councillor David Flagg, has begun a judicial review of the actions of the Secretary of State and his department. I think that there are fairly good questions that have to be answered before a judge, because this seems to be a little confused. I respectfully suggest that this is a mess, and the wisest option for the noble Lord’s department would be to withdraw these two statutory instruments, sort it out and get the lines clear in the department to avoid a possible court battle and a waste of public money.
Lord Young of Cookham
I am grateful to all noble Lords who have spoken in this debate. I commend the persistence of my former colleague Sir Christopher Chope in garnering support from unlikely quarters to continue his campaign against this merger. I recognise the locus in the area of the noble Baroness, Lady Maddock. Indeed, I remember taking part in the campaign to ensure that she was not elected in the by-election—a campaign in which I and others failed.
Perhaps I may deal with the important issues which the noble Baroness and the noble Lord, Lord Kennedy, raised. She mentioned that Christchurch was debt free—which it is, as are a number of the other local authorities. However, that is only part of the story, because many services provided to Christchurch are provided by the county council, which does have debt. So the people of Christchurch pay council tax on local authority debt, which is at the level of more than £500 per head.
I have just had news from the front. There was a deferred Division in the other place on these statutory instruments. Had the votes gone the other way, I am not sure that there would have been a lot of purpose in continuing our discussions, but I am happy to say that the ayes were 293 against 19 and 294 against 19 on the other instrument, so we can proceed, the other place having done its duty.
On council tax levels, I think that I am right in saying that Christchurch benefits from harmonisation, as its average level of council tax is higher. Therefore, with harmonisation that level will come down.
I say in response to the noble Lord, Lord Kennedy, that there is a difference between the rules for mergers and those for unitarisation. He is quite right that, where we are talking about a merger, there has to be agreement from the councils being merged. But this is not a merger; it is unitarisation, and the rules for unitarisation are different. I read them out. Proposals have to be judged in the round as commanding a good deal of local support in the area. I quoted from what my noble friend Lady Williams said when the relevant legislation was being debated, which made it clear that there was not a right of veto of any one particular council within the proposed unitary; we had to look at the issues in the round.
The noble Baroness mentioned the poll conducted in Christchurch. There have been some criticisms of the conduct of that poll. Dorset County Council referred in its representations to,
“misleading and inaccurate information being circulated, not validated by the County Council or indeed Christchurch Borough Council. This was both before and while the poll was open and must introduce the question of bias in the process and undermine the validity of the findings”.
Poole Borough Council in its representation stated that the advisory poll in Christchurch,
“was supported by privately promoted information which was factually inaccurate and misleading”.
The borough council asserted that in its view the poll was “wholly unreliable” and asked the Secretary of State to “disregard” it.
None the less, we did have careful regard to the poll and its circumstances—but it did involve only 6% of the population of the whole area and we do not see this poll, for all these reasons, as casting doubt on the evidence that, in the round, across the whole area, the proposition has support. This proposal was locally led, developed and consulted on, and submitted jointly by the Dorset councils. The evidence is that nearly 80% of councillors across the whole area are in favour of the proposal, businesses and key public sector partners overwhelmingly support it, and the representative household survey showed that 65% of the public support it. Seven local Members of Parliament also support the proposal.
I have listened to the objections of the noble Lord, Lord Kennedy. I hope that I have addressed them and also dealt with some of the points raised by the noble Baroness.
Lord Kennedy of Southwark
That was a very helpful explanation and I thank the Minister, but will he explain a bit further why it is that if you merge two or three district councils, one council can object and veto it, whereas when you have a bigger reorganisation involving the unitarisation of a county, no one has a veto? Potentially, that involves many more services, a bigger area and bigger budgets, yet apparently no one has to be involved in that. Will he explain further, please?
Lord Young of Cookham
We made it quite clear that where an area wants to move from where it is now two-tier to unitary, we want to look at the proposal as a whole, and we do not believe it is right for any one component to have a veto. That is different from where two local authorities, as we are about to debate in a moment, want to get together and merge. We think that where they are going to merge—in other words, there is not going to be a wholesale reorganisation—it would be wrong to compel people to merge if they do not want to.
So, locally led proposals for district council mergers are to be assessed against criteria which we announced to Parliament on 7 November 2017, which include both the criterion that to be implemented a proposal should command a good deal of local support in the area and the criterion that the merger is proposed by all the councils to be merged. Locally led proposals for unitarisation are to be assessed against different criteria, announced to the Commons on 28 February 2017, which include the criterion that to be implemented a proposal for an area should, when judged in the round, be assessed as commanding a good deal of local support in the area.
Unlike in the case of mergers, unitarising an area does not need to be proposed by all the councils involved, since that area necessarily includes two tiers of councils, so that even if some councils in the area do not support the proposal, the area of those that do may cover the whole area. I may not have convinced the noble Lord—in fact, I can see that I have not convinced him—but he asked me what the criteria were and I have explained them.
Lord Kennedy of Southwark
I appreciate that, and I thank the noble Lord for it. I am not convinced, but I will leave it there. All I will say is that, as I have said many times before, I think that the local government reorganisation in England is confused, and I respectfully suggest that the noble Lord’s explanation highlights that.
Baroness Maddock
Does the noble Lord have any comment on the idea that one way out of this would have been to allow Christchurch to look at going into Hampshire? The Government were less than helpful when Christchurch wanted to do that.
Local Elections: Voter ID
Lord Kennedy of Southwark Excerpts(6 years ago)
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Lord Kennedy of Southwark (Lab Co-op)
Ensuring our elections are safe and secure is an important duty, and one which I fully support. Will the noble Lord, Lord Young of Cookham, say a bit more about the evaluation process? I hope that he can confirm that a speedy decision will be taken by the Government after the pilots have been evaluated, as we need simple but effective measures to ensure the integrity of the electoral process and to ensure that we do not get in the way of enabling people to cast their vote, which is the other side of the same coin and an important part of their playing their role as citizens of the UK.
Lord Young of Cookham
I am grateful to the noble Lord. There will be an independent statutory evaluation of the pilots conducted by the Electoral Commission. That will be published by the end of July, and it will inform the ensuing debate.
Hate Crime
Lord Kennedy of Southwark Excerpts(6 years, 1 month ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, these disgusting letters have, quite righty, caused revulsion in our communities and been condemned. I pay tribute to community and faith leaders, charities and others for what they have done. They and others will not let us be divided. Domestic extremism needs to be dealt with. Can the noble Lord reassure us that the Anderson review recommendations to the Joint Terrorism Analysis Centre will start to produce the threat assessments for domestic extremism? Can he reassure the House that the police have the resources they need? He will of course be aware that the police got less than half of what they asked for to deal with terrorism.
Lord Young of Cookham
On the first question, of course we want to take those recommendations forward, and perhaps I could write in more detail to the noble Lord on that. On the question of police resources, I am aware of the exchanges that took place in the other place yesterday. After speaking to all forces in England and Wales, the Government have provided a comprehensive funding settlement that will increase total investment in the police system by around £450 million in 2018-19. Overall public investment in policing will grow from £11.9 billion in 2015-16 to around £13 billion in 2018-19. We believe that the settlement enables police and crime commissioners to increase their direct funding by up to £270 million. It is then up to chief constables to decide how best to deploy officers in their force to effectively serve and engage their communities and to build trust and confidence. The Government have made it absolutely clear that this is one of the priorities that police forces must engage in as they deploy those resources.
Cannabis
Lord Kennedy of Southwark Excerpts(6 years, 1 month ago)
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Lord Young of Cookham
I am very happy to respond to the noble Lord’s opening question, namely to pass his request on. We are guided in this country by the MHRA, the authority that advises government on whether medicines should have a licence.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, we have a vast number of drugs that are strictly controlled and regulated here in the UK. I have no wish to change the law in respect of the general use of cannabis but I think the noble Lord has heard from around the House that the Government should surely move on it with a bit more speed and look at whether there is a genuine case for the medical use of this drug. I have no idea what the answer is; I will listen to the medical professionals on that matter.
Lord Young of Cookham
I agree with the noble Lord’s last sentence, that he will listen to the medical evidence. I say to noble Lords that I have listened to the exchanges over the last seven minutes and there is a clear view that we should try to make progress, not on legalising cannabis but on making it easier to prescribe cannabis in certain circumstances where it may have some therapeutic or beneficial value. I am very happy to take that message back to the Home Office and I hope that, next time, somebody more qualified than myself will be able to answer these questions.