Local Authorities (Conduct of Referendums) (England) Regulations 2012
Debate between Lord Tope and Baroness Farrington of Ribbleton
Baroness Farrington of Ribbleton
My Lords, I declare an interest, having been a councillor over a long period of time and, as the noble Lord, Lord Tope, knows, having served on two major European institutions and met a variety of people from a variety of backgrounds. I am proud to be able to say that Europe is diverse. Speaking personally—do not worry; I will not break into song—I do not want to be in America where there is a system that means that you can elect the dog catcher or somebody to do this, that or the other job. I quite like Europe because of its diversity. I like the fact that in Spain people can choose whether they have a Catalonian region. I like the fact that regions were developing in Greece. I am sorry for the problems that now face the people in that country.
The noble Lord, Lord Shipley, made my blood run cold when he said that we ought to get on with this because the campaigns have already started. That rings a bell with other bits of this Government’s legislation. We are told that, although we have not finished the health Bill, putting it into effect has already begun. That is not the democracy that I believe in. In the democracy that I believe in, you get the legislation in place and then you enact it. If the noble Lord, Lord Shipley, believes strongly in this, then he and my noble friend up in the north-east are perfectly free to go back and get 5 per cent of the population to agree to test the water. What is not in order is for somebody down here in the Government to decide, “You’ve got to spend that money”.
We have not yet seen the full impact of what the Government are doing in terms of local authority budgets and the effect on services. Earlier today the noble Baroness, Lady Hanham, whom I, too, respect, in answer to a question about differential funding for local authorities in the north vis-à-vis the south, said, “That is the system we use”—I hope that my paraphrase is agreed to be accurate—“and that is the way the money is allocated”. Well, speaking from the north, that way is not a fair way or a good way. People living in northern authorities that are suffering under the cuts in local government expenditure would not choose to spend this money at this time in this way. It is no good saying that it comes from a different budget, pocket or source. Money is money up north; brass is brass, and if there is brass going, they want it spent on old people. The current climate is not one that encourages people to want to spend money on this sort of thing.
I am totally in favour of choices. I actually argued in favour of choices for local people over police and crime commissioners. I asked why we could not have a referendum in each police authority area to ask people whether they wanted a police and crime commissioner or whether they wanted a few more police officers on the streets. The Government did not seem to want to ask them that question. In fact, the Government resisted it, as did one or two Liberal Democrat Members of your Lordships’ House. At this time there is an issue of accountability. It is no good Members of the coalition, be they on one side or the other, swinging backwards and forwards, saying that the people out there want choice and forcing a referendum on them. What they actually want is choice as to where their hard-earned brass is spent, and at the moment the Government are wasting it on a variety of schemes.
I think that it was the noble Lord, Lord Shipley, who spoke about the importance of individuals and I think that the Government believe in the importance of individuals. In a local authority, the one good thing about the current system, and people know it, is that if a leader is corrupt, difficult or fails to fulfil their duties, those who work with them day after day know about it and they either challenge them and hold them to account or the leader is unseated the next time round.
As for the issue of cities punching below their weight, that has to be seen against the background of the break-up of the regions. This was all too slow in development under my Government. We do not want sub-regionalism. I certainly do not want anything less than north, south, east, west and central in terms of regional strategy. What I actually want is to see people being given a choice. So let us ask the people, and let us ask them all the questions, not just the one or two that the Government favour. I am sure that I am not allowed to gamble in your Lordships’ House, but I would bet that if I went home to Ribbleton in Lancashire and asked the people whether they wanted a referendum or a home help, or whether they wanted a police and crime commissioner or more police officers at the end of the street—given the descent into rising crime figures under this Government—I know what they would say. With all her distinguished experience in local government, I believe that the Minister does, too.
Lord Tope
My Lords, I should probably start with the same words as the noble Baroness who has just spoken. For the past 38 years I have been—and still am—a councillor; indeed I am a member of the executive of a London borough council. I have been a member of the Committee of the Regions, mentioned by the noble Baroness, Lady Farrington, since its inception in 1994, and I agree wholly with what she said about that. One of the great joys of being on that committee—there are not that many—is learning about the diversity of what I would call “sub-state government” right across the European Union. I have also been a council leader for 13 years. Where I make a unique claim in this Chamber—well, I was going to say “unique claim”, but the noble Lord, Lord Harris of Haringey, has joined us—is that of having had the doubtful pleasure of spending eight years serving on an authority with the first elected mayor in this country, the Mayor of London.
The noble Lord, Lord Grocott, asked for comparisons between the mayoral system in London and what went before. That is an impossible comparison. I get very annoyed when I hear people say—with a lot of justification—that the 10 years with a Mayor of London have been a lot better than what went before. Of course they have. Back in the late 1990s, the Labour Government offered us in London a referendum where the choice was, “Do you want a strategic government for London or not?”. I and most of us did. Yet we were not offered the choice of having what the noble Lord, Lord Grocott, referred to, as I would, as a parliamentary system—the traditional local government system, which at that time existed everywhere in the United Kingdom—or a presidential system with a strong mayor and a very weak assembly. The Labour Government told us that if we wanted a strategic government, which many of us had campaigned for over many years, the only choice on offer was an elected mayor with a weak assembly—a system once described to me as being just like having George Bush with no Congress. Some of us who had long campaigned for a strategic authority in London found that choice difficult to make, but it was the only choice that the Government gave us. Clearly, had there been a no vote in that referendum, we would not have had another choice to come back and say, “Let us have a parliamentary system instead”. There would have been nothing. So forgive me if I am a little cynical when I hear Members on the opposition Bench now complain about the lack of choice.
The other way in which I may be unique here relates to the fact that I have noticed that the debates tonight and on previous occasions have almost always fallen into those opposing the referendums being those who oppose the directly elected mayoral system and those supporting the referendum being those who broadly favour having elected mayors. I find that very odd. I have not yet been tainted by my noble friend Lord Shipley to start changing my mind. I have always been and I remain unconvinced of the case for directly elected mayors. There have been some very good directly elected mayors, both in this country and in other parts of the world, yet we all know that there have quite a few very bad directly elected mayors, some of whom have ended up in prison. Maybe we know about them. I suspect that the vast majority that we do not know about at all have been as indifferent as any other system. We simply do not know about them because they did not make much difference.
I am here tonight to support the Government’s intention to have a referendum and to encourage those who hope that it will have a no outcome to have a little more trust and confidence both in their ability to argue that case and in the people to believe it.
Baroness Farrington of Ribbleton
My Lords, would the noble Lord, Lord Tope, accept that those of us who oppose at this time spending this money on forcing people to have a referendum do so because it is inappropriate? The noble Lord does not know which way I would vote about a locally elected mayor. He knows that I oppose the elected police and crime commissioners.
Lord Tope
My Lords, the arguments about whether we spend money on this or that are always easily made in any debate. Tonight, I should be at my own local authority debating our council budget for the coming year, where the Conservative opposition will argue that we should not put £250,000 into this at the same time as we make a £300,000 cut to something else. You can always have these arguments. The costs of the referendums are very small in comparison to the total budget of any of the authorities, let alone to the national expenditure from which they come. Frankly, that is not a terribly strong argument for or against.
My point was that those of us who would argue yes if they had the chance—I would not, but the noble Lords, Lord Beecham and Lord Shipley, would—should have more faith in their ability to convince the electorate. Yes, we would all wish for a higher turnout so that the decision, whatever it is, is more representative of the people at large. Again, the more vigorous the argument and the campaign, the higher the turnout will be. What are the Opposition arguing? Are they saying that there should be a threshold? Are they saying that it should be passed only if a given proportion votes for it? We tried that once before in Scotland and it did not resound terribly well. We simply have to campaign for a high turnout for whatever it is that we believe in. I do not want to be that provocative.
Baroness Farrington of Ribbleton
My Lords, the local people already have the ability to make that choice without spending money. Let me say this to the noble Lord, Lord Tope. I know that one can stand in this Chamber or in a council meeting and say, “This is a relatively small amount of money”. But in an area where an old people’s home is being closed or the home helps are being reduced, the general public do not see the money that the noble Lord dismisses as trivial or small by comparison as being small when their services are being cut.
Lord Tope
My Lords, I entirely accept that. I am quite sure that in her distinguished career, the noble Baroness as a county councillor—indeed, chairman of the education committee—must on many occasions have had to make such unpopular arguments. I understand that and I am sure that the noble Baroness does as well.
I do not want to take too long or carry on being quite so provocative. However, we come now to the question of why we should have the referenda. First, it was stated in the Conservative Party manifesto, which was at the time of no great excitement to me, but it was then agreed in the coalition agreement—my party has agreed to the commitment that there will be referendums in the originally 12 and now 11 cities. That is an election commitment. It is a governmental commitment. We can all argue what the public do or do not expect. They may not expect political parties to carry out their commitments, but they ought to be able to expect political parties to carry out their commitments. Rightly or wrongly there was a commitment to hold these referendums. It is right that the Government should now be doing that, whatever we may individually hope will be the result of those referendums.
We had the question again about legislation. The Localism Act did not expressly state that these referendums would take place, but it certainly gave the power for them to take place. It was very well known, not least because the coalition agreement referred to it, that this was going to happen. The fact that people are only now in February preparing for a referendum that will probably take place on 3 May is hardly surprising, given all the commitments and all the legislation, including the passing of the Localism Act.
Therefore, I think that the Government are right to be holding these referendums in accordance with the commitments given. Those of us who hope for a no vote should have a lot more confidence in our ability to convince voters. Above all, we ought to trust the people to decide on this. It will decide the issue one way or the other for the foreseeable future. We can then get on with debating an issue that I think is far more important, which is the powers that our local government has—whoever is running it and whatever governance system they choose to have—to get on and revitalise not only our cities but the whole of the rest of local government in this country.
Localism Bill
Debate between Lord Tope and Baroness Farrington of Ribbleton(13 years, 5 months ago)
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Lord Tope
This is the first time I have spoken in Committee and I again declare that I am a councillor in the London Borough of Sutton and a member of its executive. I put my name to my noble friend’s amendment for a very particular reason. I have heard it described as a Second Reading amendment—slightly a contradiction in terms, but I understand what is meant—and it prompts an important debate that we should have at the start of our proceedings.
Unusually, we have a Bill with a one-word title: “localism”. It seems to mean different things to different people and it appears to mean different things in different parts of this Bill. Above all, it seems to mean entirely different things in different parts of the Government. Therefore, my noble friend and I thought that the amendment would prompt a useful Committee-stage debate at the beginning to try to discover between ourselves what we understand by “localism” and where we disagree about it. Of course, neither I nor my noble friend would pretend that this is the ultimate, perfect, absolute definition, but it sets out fully some principles that we believe are important when considering localism. It is not localisation, as I often hear it described. It is not simply decentralisation or devolution.
We have had an interesting debate. Almost every speaker has, in effect, said, “Yes, but”. One or two, notably the noble Lord, Lord Ouseley, welcomed the debate for the right reason—that it sets out what we are trying to do. As others have said, localism is not atomisation. As I said at Second Reading, localism is not populism and it is important to understand that. Alternatively, as someone else said, it is not majority-ism—I do not know whether that is a word or whether I can say it. Local democracy, which is what this is about, is democracy. It is about ensuring that all voices are heard and listened to with equal respect. It is a system and a process, not necessarily one that makes the decisions but one that informs those who are democratically elected and accountable for the decisions. In other words, it is a process that informs the decision-makers. It may be that, in particular circumstances, it is appropriate for those decision-makers to delegate that decision, but it is not simply dumping decisions and abrogating the responsibility that local councillors are elected to take.
After all these years in local government, I would be the very last person in this House to claim that all local councillors and all local government are always perfect and get things right. Of course they do not. There are too many examples, probably run by all parties, where local authorities are not good at engaging with local people and local groups, whether they be geographical or interest groups. This amendment tries to say that that is a very important part of the decision-making process. I shall not deprive my noble friend Lord Greaves from turning the clock back some 20 or so years to that time on Lancashire County Council when he was answering the questions put to him by the noble Baroness, Lady Farrington. However, as she knows, not quite 20 years ago both of us were members of the EU Committee of the Regions, the body set up in 1994 to be the voice of regional and local government. We both have some knowledge and experience of subsidiarity, as practised on the continent but rarely in this country. Subsidiarity in this country seems to stop at national level. We have all argued for many years that if subsidiarity means bottom-up, in simple terms, it should start at the bottom and not be top-down. Devolution is top-down—and is a very good and necessary thing in a centralised state—but subsidiarity should build from the bottom up.
I agree with the noble Baroness that, as in other countries, decision-makers should be informed by their engagement with their local communities in a much better way than is the case now. At issue is the way that they are informed in making their decisions. We need properly accountable and elected people and bodies. All of us who have been councillors for any length of time can cite similar examples to those cited by the noble Baroness, Lady Farrington. I am sure that we have all faced quite strong public opposition. As leader of the council and even in the ward that I represent, I, too, faced such opposition. I will not digress for too long, but I was faced with a similar instance of a mental health hostel being set up in a residential road in my ward. There was initial fear, suspicion, worry and concern among the neighbours. The way in which we approached this was to hold a meeting of residents in somebody's front room. We discussed the issue and went through a lengthy process. In the end, as a result of the engagement, the immediate local community were not just supportive of the proposal but remained very supportive of the house itself and of the people in it, and integrated them as an active part of the community. Of course, it does not always work that way; it is never that easy or simple, but it is part of the answer to how you approach the making of those responsible decisions.
Baroness Farrington of Ribbleton
My Lords, does the noble Lord accept that in the cases that he and I cited, that applied, but that in the case of our school for ex-prisoners, pressure was put on the seller of the property when permission had been given, and the seller refused to sell to NACRO?
Lord Tope
I am grateful to the noble Baroness. I did not mean to imply that these things are simple and easy and that all you need to do is talk to people and everything will come out right; I am not that naive or simple. I am just saying that the way in which decisions are made is often as important as what the final decision is, and sometimes helps and facilitates the making of those difficult decisions. They need to be made by the appropriate sphere of government that is democratically elected and accountable.
We set out here, at some length, what we believed should be the definition of localism—what we believe it means. We did so in part to see who would agree with us and who would not. We think that these are the criteria on which we should judge the Bill as we go through Committee: that is why we tabled the amendment in Committee, at the beginning. We are saying that these are the criteria by which we should judge whether this part of the Localism Bill reflects what we understand to be localism, and that if it does not meet the criteria perhaps something in the Bill could be improved. We have had a useful, relatively short debate and perhaps have a better understanding at least of what we on these Benches mean by localism. I am not sure quite what noble Lords who made a “yes, but” response understand by localism. As they said, perhaps it will become clear as we go through the various stages of the Bill.