Localism Bill

Clive Betts Excerpts

Monday 17th January 2011 Commons Chamber

[Mr Clive Betts (Sheffield South East) (Lab)]

It is always a pleasure to follow the hon. Member for Mole Valley (Sir Paul Beresford). He and I had some very interesting years together on the Select Committee on Communities and Local Government in the previous Parliament. Let me say to him in a friendly way that memory loss can be longer than 13 years and that compulsory competitive tendering was hardly the most decentralising policy that any Government have brought in.

By instinct and philosophy I am a localist, so it gives me no great pleasure to say to the Secretary of State that the Bill is a missed opportunity. I simply do not see in the proposals a coherent philosophy telling us what localism is all about. The Select Committee is currently conducting an inquiry into localism, and I do not want to pre-empt or prejudge its findings, but one thing that a number of witnesses have regularly asked is whether local authorities are at the heart of localism or whether they are bypassed by the Secretary of State going directly to communities and ignoring elected representatives. The answer is that the Government do not really know because there is a mixture of proposals that treat localism and local authorities in a totally different way.

The Secretary of State was dismissive when he was challenged about the number of order-making powers, of which there are 140, but it is no answer to say that there were more in previous legislation. If this is genuinely a decentralising measure, why is it necessary to have all those order-making powers and so many regulations about how local authorities should exercise scrutiny? There might be elements of genuinely good policy in neighbourhood planning, the community right to challenge and in dealing with community assets, but why is there so much prescription from the Secretary of State and Ministers about how local authorities may use their new powers? Why can we not allow local authorities to get on with the policy within a general broad framework? I am disappointed that we have not taken further local authority involvement in the remits of the Departments of Health and Work and Pensions—those are genuine missed opportunities.

I welcome some aspects of the Bill, such as the power of general competence, although I wish we had set it more clearly in a new constitutional settlement for local government—we will come back to that in due course. I am concerned about the Secretary of State’s power to revoke any council’s ability to do anything it wants to do under the power. I am pleased about the reforms to the housing revenue account, but concerns have been expressed that local authorities will not be able to keep all their right-to-buy receipts and that extra borrowing controls beyond prudential borrowing controls will be imposed on them. I do not think those measures are particularly localist or decentralising.

I welcome the transfer of powers from the Infrastructure Planning Commission so that it will be elected politicians who eventually sign off decisions on major infrastructure projects. I argued for that when I was on the Government Benches in a previous Parliament. I am pleased that local authorities will be able to return to local committee systems if that is what they want, but why can a local authority with a committee system not have the same devolved powers as an elected mayor? Why does the devolution of those powers depend on which system of governance the local authority chooses? That is not a particularly localist measure.

[Angie Bray]

Does the hon. Gentleman also welcome the abolition of the Standards Board for England? Under that dreadful, anti-democratic device, which was brought in by the previous Labour Government, all sorts of decent, hard-working local councillors were always under the threat of petty allegations being made, often for partisan reasons, undermining local authorities.

[Mr Betts]

There was a problem with the initial design of the board, but it was subsequently reformed and now works an awful lot better. My concern is that if a local authority chooses not to have one, there will be nothing between the action of pulling a local councillor up and questioning their actions in some way and taking criminal action against them for failing to deal properly with an issue in relation to which they have a registered interest. There could be a real problem there with a void in the system.

I have other real concerns. The Government are embarking on a fundamental change to the planning system in this country, which Government Members cheered because that is what they believe in. With regard to the abolition of the regional spatial strategy and the development of neighbourhood plans, my concern is that change of this kind brings uncertainty and, to an extent, a lack of clarity, and that it could bring delays and, potentially, unintended consequences.

What will happen ultimately? The Government say that their policy is to build more homes than we were before the recession. They have obligations on renewable energy and ensuring that wind farms are developed to meet them, but what will happen if the sum total of all those local decisions is that fewer homes are built and not enough wind turbines are built to meet our renewables obligations? What is their fall-back position? Is it at that point that the Secretary of State will intervene, or is it that they will accept the sum total of local will across the country and fall down on their national house-building targets and their renewables obligations? What is the Government’s position? I have not heard a coherent explanation of it.

[Toby Perkins]

It was a tremendous privilege to be a member of the Select Committee alongside my hon. Friend for a short time. During one of its meetings that I attended, a number of witnesses expressed different views on the strength or otherwise of regional spatial strategies, but every one of them, to a man, agreed that the proposals being produced by this Government would lead to fewer houses being built, not more.

[Mr Betts]

Ultimately, the test will be whether the policy works. My question is this: if the policy does not work, what is the Government’s fall-back position? The Bill includes a duty on local authorities to co-operate on a range of issues, and it is important that they do so, because many of those decisions will have an impact beyond the boundaries of an individual authority. What will happen if local authorities do not co-operate? The Bill is vague about what will happen in that case.

I have mentioned that local authorities stand at the heart of localism. I believe in elective, representative democracy, so I do not understand why it is necessary for the Bill to spell out what the Secretary of State thinks is a proper increase in council tax and for there to be the power to have a referendum in such cases. Rather than a referendum on whether local authorities should cut services, there can be only a one-way referendum if a Secretary of State thinks that a council tax increase might be excessive, as defined by him. Why can we not just leave it up to elected local representatives to make such decisions? I continually refused to vote for the previous Government’s proposals on capping council tax because I did not think that they were right either.

[Gavin Barwell (Croydon Central) (Con)]

Will the hon. Gentleman give way?

[Mr Betts]

I will not give way again, because many other Members wish to speak.

As for local democracy and decisions being taken at local level, why is it necessary for the Secretary of State to take a raft of powers relating to shadow elected mayors? Why can we not leave it to local people or councils to hold a referendum so that local communities can decide whether they want an elected mayor? Why must the Secretary of State take powers to bring in shadow elected mayors? The proposals do not seem very localist or democratic.

On the reform of council housing, I am not against different forms of tenure. I believe that they have a place, but if the proposals on flexible tenure are put together with the 50% cut in funding for social housing—that is the Government’s policy—the only social houses that will be built, after those that the previous Government committed to, will be those built on flexible tenure at rents related to market rent levels. The Government are thereby effectively ending the provision of any new social housing as we know it in this country, and I cannot agree with that. By all means let us have additional forms of tenure, but not at the expense of removing altogether the existing forms of social housing tenure for new build.

I know that other Members wish to speak, so I will conclude. I regret that the Bill does not really deliver on a holistic localism agenda. It is a missed opportunity. There is no coherent philosophy. It is very unclear whether local councils are at the heart of the process or whether it is the Secretary of State, bypassing local councils on a range of measures and imposing the way localism operates locally, which is wholly contrary to the meaning of the word.