Localism Bill

Baroness Greengross Excerpts

Tuesday 7th June 2011 Lords Chamber

[Baroness Greengross]

My Lords, I declare an interest as a vice-president of the Local Government Association. Any Bill which devolves more powers to councils and neighbourhoods and gives local communities greater control over local decisions must be a good thing. I cannot praise the Government too strongly for going down this path. For far too long there has been a relentless move towards centralisation and I am delighted that, at long last, we have a Government who are not merely talking about it, but are setting out to do something about it.

Unfortunately, as currently drafted, the Bill would leave us with a local government system that is too complex, too prescriptive and in some ways even more centralist than the system that it replaces. For example, there is the power of the Secretary of State to direct, to control or to take over various powers himself or herself. Having some 30 pages of the schedules governing neighbourhood development and planning alone seems to undermine the entire principle of passing real power to the people. I can see the need for some parameters. Clearly, where there is a need for national standards or a national framework, such safeguards are essential but, as it stands, the Bill seems to go far beyond that. Maybe the Minister would be prepared to give an undertaking that powers will be invoked only where local decisions can affect such regional or national matters. Even with such an undertaking, I realise that there might still be much discussion about what is rightly national or regional and what is not, but at least the underlying principle would be clear. Unfortunately, even with all this length—or more likely because of it—much is still far from clear.

The Government have decided—I congratulate them again—to rip away years of creeping centralisation. It would be a shame if it was a missed opportunity to sweep away at least some of the complexities and confusions that have grown within the system. Unfortunately, in some areas, new and seemingly unnecessary complexities have actually been added. Is it, for example, really necessary to have five different referenda processes, with different rules and differences as to their binding power?

Again, if 5 per cent of the local electorate express the wish to have an elected mayor, the local authority must hold a referendum. That seems to be quite clear. Why on earth then does the Secretary of State, in some instances, want the power to tell an authority that it must have a referendum whether or not the wish has been expressed? Surely, the idea is that, in local matters, local people choose. Even more worrying is the Secretary of State's power to install a shadow mayor. That has been mentioned several times, but seemingly the Secretary of State will have the power to force the authority to put a shadow mayor, and the whole mayoral mechanism, in place even though not even 5 per cent of the voters have asked for a referendum. That does not exactly sound like the acme of devolution.

In the case of fines imposed on the UK by the EU, I can see no problem with a principle that says that, if the actions, or lack of actions, of a local authority can be shown to be the direct cause of an EU fine for the breach of an EU regulation which is binding on this country, the authority that caused it should carry the responsibility for that breach. Why not? If they rightly want to be treated as grown ups they must—and I am sure would—accept their responsibilities. However, they are rightly worried about the fear that central government will see this as a possibility to transfer what are clearly their obligations on to others. A clear statement from the Minister that authorities will bear the burden of actions only to the extent that they have caused the problem, would be a clear and welcome statement that the Government understand the worries of many local authorities.

However, as I started by saying, the Government are to be congratulated on addressing what has been a growing problem: that of centralisation. This is an opportunity that must not be wasted. I and, I am sure, many others will be pleading throughout the passage of the Bill for something that really delivers what it promises: to devolve everything reasonably possible. I hope that the Minister will give us a clear assurance on that, and that it is her desire to see that enacted in the simplest way. It would underline a principle which most of us—including the Minister, with her distinguished career in local government—hold close to our hearts.