All 2 Debates between Lord Shipley and Lord Bichard

Lord Shipley Portrait Lord Shipley (LD)
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My Lords, in this group I have Amendments 49, 95 and 96, and I have signed Amendment 182 in the name of the noble Lord, Lord Bichard.

In speaking to Amendment 49, I want to thank the Minister for having written to us last week—she proposed a whole raft of new amendments on the scrutiny functions. My amendment, which would require the mayor of a combined county authority to establish a scrutiny committee of elected members with powers of summons to examine and report on the mayor’s exercise of functions, is therefore rather out of date now, so I will not be pressing that.

However, I want to raise a broader question, because at times the rest of England seems to be following London, and at other times it is not. On this occasion—this relates to Amendment 95—in London, the mayor of London is required to hold a public meeting known as a People’s Question Time twice per financial year to answer questions from the public; that is in Section 48 of the Greater London Authority Act 1999. I would like that to be replicated across all mayors in England so that something similar happens. I think that mayors are going to need—and I hope that they will want—to be held accountable for policy decisions they make. But the Minister might look at that issue of a people’s question time. We shall not reach it tonight for voting purposes, so I can consider what to do as a consequence of the Minister’s reply.

I feel very strongly about Amendment 96. I was a member of a regional development agency a number of years ago, and the RDA was required to turn up to every local council in its area once a year to answer questions from elected members, so that seems an entirely appropriate thing to do. I am suggesting only that a combined authority mayor should

“appear annually before each constituent local authority to answer questions from elected councillors”,

which would strengthen

“democratic accountability within devolved areas”.

I find it difficult to know what would be wrong with that, so I hope very much that the Minister will indicate her approval.

I will not speak about the amendment tabled by the noble Lord, Lord Bichard, as that would steal his thunder, but he has hit on a very important issue around local public accounts committees. I have similar concerns to those that I think he has, but I will leave it to him. I beg to move.

Lord Bichard Portrait Lord Bichard (CB)
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My Lords, I rise to speak on cue to my Amendment 182, declare an interest as an honorary vice-president of the Local Government Association and thank the noble Lord, Lord Shipley, for supporting my amendment.

I welcome the Government’s amendment to establish overview and scrutiny committees. Why then have I persisted in my amendment for what I have called local public accounts committees? It is because the overview and scrutiny committees will focus only on scrutinising strategic authorities. I believe that we need to extend the focus of scrutiny from a single institution—the strategic authority—to the wider scrutiny of the place. The crucial difference between my amendment and the Government’s proposal is that my scrutiny committee would have the power to report not just on strategic authorities but on how effectively all local public service partners were collaborating in a place for the benefit of the public and the wider community.

Why is this so important? I will not go through the points that I made at length in Committee, but over the last four decades our public services have become increasingly fragmented, with the establishment of a myriad of disconnected, sometimes single-purpose agencies whose objectives and targets have on occasions overlapped and even conflicted. As we all know, those agencies have worked too often in silos. As a result, the public have struggled to access or even make sense of the disjointed services that are on offer. Money has been wasted because the silos do not work together to deliver the best value for money. At worst, people, sometimes children, have died because data and intelligence were not shared quickly enough to protect them.

In many places public service partners have worked very hard to break down these silos, but that is not uniformly the case. The prevailing culture in our public services has too often been one of competition rather than collaboration. I am convinced that for that to change we need in every local area a body with the power to scrutinise and report on how all public sector partners co-operate or do not co-operate for the good of citizens. If instead we establish overview and scrutiny and scrutiny committees which address only the performance of a single institution, we will reinforce the silo-based mentality that we have created for another generation—all for the want of adding a simple power for the overview and scrutiny committees to report on how the wider system is working.

If we do give those committees that additional power, we will also demonstrate that in a devolved system, accountability does not always have to be to the centre. Accountability can be local, should be local and can be done more effectively if it is. Extended scrutiny committees and local Public Accounts Committees of this sort would be very visible. They could involve local business communities and the voluntary sector, perhaps with an independent chair. They would become a very visible local body.

I promoted this idea when I was chief executive of Gloucestershire County Council. Your Lordships must suspend your disbelief—that was in the 1980s. Therefore, I was delighted when the English devolution White Paper committed government to explore the local public accounts committee model. The problem is that this Bill and the Government’s amendment do not follow that through. However, my conversations with the Minister since Committee—which I am grateful that she was prepared to be involved in—suggest that she remains supportive of the concept but wants to see more policy development and more stakeholder consultation before progressing further. I understand that.

If the Minister can confirm this from the Dispatch Box tonight, that will take us quite a long way further forward and I will not press this to a vote. If, for example, we could set up a working party to produce a fully formed proposal for local public accounts committees, we would have taken a big, decisive step in changing the very culture of our local public services—from competition to collaboration.

Lord Shipley Portrait Lord Shipley (LD)
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My Lords, I rise to move Amendment 53 on behalf of my noble friend Lady Pinnock. This amendment is about how you scrutinise mayoral commissioners. I noted what the Minister said in responding to the previous group about the mayor or combined authority members being responsible for scrutinising commissioners, yet that removes any responsibility on the constituent authorities to undertake scrutiny. It is doubly important that elected members of the constituent local authorities have some powers in scrutinising the work of a commissioner. They will need powers to do that—to require the mayor and relevant commissioner or indeed any member of their staff to attend and give evidence—so it can be a requirement to attend rather than a request to attend, and there should be an ability to require the production of any documents relevant to the exercise of a commissioner’s function.

There should then be a right to publish reports on the committee’s findings and recommendations, with an absolute power to do so; it would not be for the combined authority or the mayor to say that this matter cannot be published. It is really a fundamental matter about who is in a position to scrutinise what mayors do.

Can I make just two points about scrutiny, which will come up later in our deliberations? The best form of scrutiny is one that happens before the decision is made, not one that comments on a decision after it has been made. The best way in which to deliver that objective is through a committee system, because a committee system actually authorises decisions to be made and has the major advantage that the scrutiny is happening at the same time as a decision is made.

I have found it very disappointing in the Bill that quite so much is being said about the committee system and its perceived failures, most of which I do not recognise. It may be that when we get to further discussions in Committee and then on Report, further consideration can be given to those matters. I hope the Minister will be able to say that the Government do not downplay the importance of scrutiny, particularly when so many issues and so much public money is involved in the proposals to devolve power to mayors and commissioners. I beg to move.

Lord Bichard Portrait Lord Bichard (CB)
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My Lords, I rise to speak to my Amendment 191, and, in doing so, declare an interest as an honorary vice-president of the Local Government Association.

The amendment would provide for the establishment in every local area of a local public accounts committee to ensure the effective scrutiny and accountability across the whole range of public service spending and activity in that area, not just the actions of the strategic authority or the mayor. So why is an amendment like this necessary?

During the past 40 years we have seen in this country a radical fragmentation of our public services with the establishment of a myriad disconnected, sometimes single-purpose agencies. Sadly, these have too often worked in isolation, seeking to achieve their own specific targets energetically, but on occasions their efforts have conflicted or overlapped with their partners. They have too often worked in silos and, sadly, regulators have been very slow to recognise and challenge that. As a result, the public often struggle to access or even make sense of the disjointed services which this system has produced. In addition, resources are wasted because of the overlap and duplication, bureaucracy thrives, and there is inevitably a culture of competition rather than collaboration. This needs to change, but I do not believe that, as drafted, the Bill alone will achieve that level of change. If we are adequately to integrate public services in a locality, all public service providers and partners have to build co-operation into everything they do.

A later amendment in my name seeks to impose a duty on all local public partners to do just that. But alongside that kind of duty we also need to put in place local accountability—and not always accountability to the centre, which has been the model we have followed for so long. We need more local accountability to ensure that genuine co-operation does take place, so that services are delivered which are actually recognisable to ordinary local people and which meet their needs effectively.