Lord Lloyd of Berwick
Main Page: Lord Lloyd of Berwick (Crossbench - Life Peer (judicial))
Lord McKenzie of Luton
My Lords, I can cite a number of flourishing unitary authorities, particularly my own, Luton, and those created in Bedfordshire under the previous Government’s legislation but with Conservative-controlled councils. What I am trying to discover is the democratic legitimacy of the Bill before us. The Conservative manifesto contained a commitment to scrap uncompleted plans to impose,
“unwieldy and expensive unitary councils”.
However, no one is supporting unwieldy and expensive unitary councils. I shall come in a moment to the impact assessment, but perhaps the Minister can tell us whether she views the unitary councils which came into existence some 15 months ago—some of them Conservative controlled—as unwieldy and expensive? Why could not the significant service improvements already being delivered by these councils be delivered by Exeter and Norwich?
The coalition document—the post-election manifesto—looks in both directions. It supports the,
“radical devolution of power and greater autonomy to local government”,
but not, it seems, if you are a citizen of Norwich or Exeter.
The Government cannot possibly argue that they have a democratic mandate from the general election for this measure. Halting the creation of a unitary Norwich and Exeter is totally incompatible with the expressed policy of devolving power to local government and local areas. It runs directly contrary to Conservative manifesto rhetoric around leadership and the promotion of,
“single municipal leadership injecting dynamism and ambition into their communities”.
The Government’s argument for this Bill rests on the assertion that the unitary council proposals do not represent value for money, but this is a somewhat selective reading of the components of the impact assessment, which show that if unitary status were to proceed it would involve gross restructuring costs of some £40 million but gross savings of £39.4 million over the transition period—a broad equivalence but with ongoing savings after this of some £6 million per year; and this is before factoring in the benefits which would flow from the spur to economic development which unitary status would bring to Exeter and Norwich. The impact assessment asserts that the scale of efficiency savings forecast from unitary status could be achieved by other means. Perhaps the Minister in replying to the debate could give us more detail about these other means. What detailed work underpins that assessment and has it been verified independently? What consultation is planned around the proposition?
Much has been made in the past—we have heard it again this afternoon—of the direction that the previous accounting officer required of the then Secretary of State. But the core of the accounting officer’s concern was the lost opportunity of the savings from the Boundary Committee proposals—which of course had little support from anyone—essentially involving unitary counties. However, these opportunities are being rejected by this Government also.
Our starting point in considering proposals for unitary authorities was the five criteria of: affordability; whether there is a broad section of support; strategic leadership; neighbourhood empowerment; and value-for-money services. In the case of Exeter, each of the criteria was satisfied with the sole exception of one component of affordability—the payback period for transitional costs was six years rather than five. Taking account of the accepted ongoing savings, the opportunities for enhanced economic development and the development of Total Place, there were and remain powerful reasons to grant unitary status to Exeter. Similar considerations apply to Norwich where the payback period was originally a little longer than five years but with clear ongoing savings—the House will hear more about this from my noble friend Lady Hollis—and with the Total Place approach enabling the delivery of value-for-money services.
We might have understood if, in the circumstances, the new Government had said that they wanted more detail on these additional issues and indeed, as the House determined, and even Mr Justice Ouseley suggested, some more consultation. But what this Bill does in an arrogant, dictatorial and brutal way is to shut out Exeter and Norwich from the opportunity to become unitary councils—an outcome for which there is genuine local appetite, which in Exeter has cross-party support and in Norwich has the support of the Lib Dems, the Greens and Labour Party members. It is the desired outcome, not dictated or imposed by government but proposed by the democratically elected councils of these cities.
The benefits of unitary city councils are widely recognised. They reinforce a city’s distinctive identity and sense of place. They provide the basis for clear leadership to drive dynamism and ambition into their communities. This opportunity would not be new to Norwich or Exeter. The latter governed itself for nearly 800 years and provided all services for the city until county borough status was removed in 1974. Norwich ruled itself for almost 600 years. In neither case did that undermine the surrounding counties.
A two-tier structure of local government has not served either city well. Both are potential engines of economic growth within their own boundaries and more widely within their counties and sub-regions. The strategic leadership coming with unitary status can provide a powerful thrust to the regeneration and development of the economy in a local area, facilitating councils which are focused, innovative and entrepreneurial, and helping to deliver jobs, economic growth and prosperity at a time when the country most needs them.
Anyone who has served as a councillor in a two-tier system—as I did in Luton, mostly under a Tory-controlled council—will recognise the confusion over who is responsible for which services, which councillor covers which council, and indeed which local election is under-way. More importantly, there are the challenges of keeping a focus on an urban area and its needs within a larger rural county—especially an urban area with pockets of deprivation and diversity. In those days, Luton used to be referred to, not with any particular affection, as the urban bottom of the county. Its needs were neither fully understood nor provided for. What sticks in the memory is the meals-on-wheels service organised from County Hall without any recognition of the cultural needs of our diverse population. I have seen how liberating unitary status can be for a local authority—in particular, the tremendous boost that it can give to regeneration efforts and the concentrated way in which it can meet adversity, in our case the closure of the car plant. This did not harm our relationships with the rest of the county. It strengthened them. Anyway, they have now followed suit and are unitary councils.
Why should Norwich and Exeter be denied the opportunities we have in Luton, opportunities provided by a Conservative Government? The cities have addressed their value-for-money and service-delivery issues. They want to deliver a clear and focused place-shaping for their cities. They want to tackle deprivation and raise educational attainment, skills and aspirations. They want to deliver economic prosperity for all.
Lord Lloyd of Berwick
I am grateful to the noble Lord for giving way. He has dealt at great length and very helpfully with the underlying merits of the argument on both sides. Has he taken sufficient account of the fact that the orders in question have been, or will be, quashed by Mr Justice Ouseley—a decision which he is perfectly entitled to take?
Lord McKenzie of Luton
Yes, indeed, my Lords. I thought I had recognised at the start of my presentation that that had changed the basis on which we are debating the Bill. I am simply reiterating why unitary status for Exeter and Norwich should be supported.
This Bill will deny those two cities that chance. It will do this without clear manifesto cover, with unsubstantiated assertions of alternative savings, and there is no desire that unitary status should be at the expense of the rest of Norfolk and Devon. Unitary status does not change the position of the remaining district councils. It opens up opportunities to co-operate in the shaping of upper-tier services and enables the county councils to provide a greater focus on addressing rural issues. There remains much to scrutinise in this short Bill and we intend to do this thoroughly.
However indirect the mandate that this coalition Government have secured, they are entitled to a fair wind for the thrust of their programme. However, this is an unworthy measure—a grubby little Bill with a cobbled-together parliamentary majority to crush the legitimate aspirations of two proud cities. We will continue to support Exeter and Norwich in holding fast to their ambitions for unitary status and help them to achieve this at the earliest opportunity.
Baroness Hanham
I thank my noble friend for his intervention. He is correct. A large number of questions were raised. As I said at the beginning, it was one of the most withering reports that I have read. I think that we should let it rest at that for the moment.
The question of judicial review was originally raised as a possibility by the Permanent Secretary when he was demanding categoric instructions to allow the unitaries to go forward. Judicial review became possible because they were orders, so it was a judgment not on a parliamentary decision, but on secondary legislation that arose from primary legislation. The judge was quite clear in what he said and has quashed the first article of the orders. The second article, which relates to the elections, has yet to be decided, and presumably will be so decided at the next hearing of the court on 5 July. How much of the Bill proceeds depends on what happens there, and we will move amendments accordingly.
Lord Lloyd of Berwick
Do I understand that the Minister accepts that if the orders are quashed, Clause 1(3), which revokes the orders, will be otiose? It may also be that Clause 2 will not be required, so one wonders how the Bill will have any real impact.
Baroness Hanham
The noble and learned Lord has raised a point that I knew I ought to have cleared up before. There is one aspect of Clause 1 that would still proceed. Clause 2 would become otiose and we would have to see how much was left to proceed with. I have been advised that, whatever happens, the Bill will have to proceed to the end now that it has started.