Code of Recommended Practice on Local Authority Publicity Debate

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Lord Beecham

Main Page: Lord Beecham (Labour - Life peer)

Code of Recommended Practice on Local Authority Publicity

Lord Beecham Excerpts
Wednesday 30th March 2011

(13 years, 6 months ago)

Lords Chamber
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A code of publicity, with these two changes, and the streamlined and clarified presentation of the draft before us will be of benefit to councils, local taxpayers and communities across the country in ensuring that councils promote themselves in a fair and uncompetitive way. It will stop waste and unnecessary spending, and will bring about consistency between authorities in understanding the actions that they can take to promote themselves and their message. I beg to move.
Lord Beecham Portrait Lord Beecham
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My Lords, your Lordships will be familiar with the old saw about an ambassador being a good man sent abroad to lie for his country. From my short time in this House, it seems to me that a Minister in this House is a good Peer sent to this place to defend the indefensible. I congratulate the Minister on the customary charm and thoroughness with which she has moved the adoption of the publicity code.

The Secretary of State often reminds us that in his younger days he read Marx before he joined the Conservative Party; indeed, in a debate in the other place on Monday he referred, albeit not approvingly, to Lenin and Stalin. The Secretary of State’s brand of localism seems to come very close to Stalin’s democratic centralism, in as much as it seems to amount to a situation in which councils can do anything they like so long as the Secretary of State approves of it.

As the Minister has said, there has long been a code of practice on publicity. The consolidation and simplification elements are absolutely acceptable, while the seven principles are perfectly correct and welcomed by all in local government. The other points, though, particularly the restrictions on publicity and the number of publications, like so many other policies enunciated by the Department for Communities and Local Government, really reflect the Secretary of State’s own obsessions. We have had a series of pronouncements around waste collection, chief executive pay, the roles of mayors and chief executives being combined and compulsory referendums, all reflecting the Secretary of State’s somewhat unique view of the world and his determination to enforce that view upon local government in general. He seems to suffer from a political variant of that rather distressing condition, OCD, in his case the letters perhaps standing for obsessive compulsion disorder. He seems to wish to compel everyone to reflect and act on his obsessions.

The ostensible reason for the restriction of publication of communications to four a year is to protect the local press so that it can hold councils to account—a function that it certainly ought to exercise and ought to be encouraged to exercise. One might find this somewhat ironic from a Government who, if they have not bent over backwards to accommodate the Murdoch dynasty’s extension of its influence over the media, have at any rate inclined in that direction, but let us leave that aside.

I have been a member of Newcastle City Council for 44 years, 24 of those as either chairman or leader of the council. In the early days it was certainly true that the local media held the city council to account. They regularly attended meetings of all kinds and were regularly in touch with leading members of the council. Several journalists in the north-east went on to achieve national prominence, which reflected the quality of their work. However, over time—I ceased being leader of the council in 1994—the degree to which council affairs were covered dropped remarkably. Indeed, at one point I challenged the local press to do more, asking why it was not covering council activities more. In summary, the reply was, effectively, “It doesn’t sell newspapers”. The press had conducted a survey that found it was not something that sold newspapers. I understand that a commercial decision was therefore taken to cut back. Whereas for many years I would receive a telephone call from the municipal correspondent of the local press every day, by the time my term finished such calls were much less frequent. They have become less so since. Latterly, although there is some coverage of council meetings, there is virtually no coverage of the scrutiny committees—the very committees that one might have thought a local press looking to hold a council to account would attend and report, but they do not do so.

The Government complain that there is unfair competition because some councils incorporate adverts in their publications. Around one-third do not; others do. However, many of these adverts are there for the fulfilment of statutory requirements—statutory planning notices, for example. Councils will sometimes use their own newspapers as a medium for these notices because it is a more cost-effective way of publishing them. They reach every citizen, whereas local newspapers do not, and it is often cheaper to do that. In any case, is this not consistent with the oft-proclaimed belief of the Government—perhaps of all of us—in the virtues of value for money and, in the case of the Government in particular, of competition and the market?

The noble Baroness touched on the question of evidence. What is the evidence that newspapers are suffering as a result of this competition? The Select Committee stated in paragraph 44 of its report:

“Very scant evidence has been presented to this inquiry, and to previous inquiries, which would sustain the claim that local authority publications have contributed significantly to the decline of local newspaper advertising … or sales … There is no evidence of a widespread problem of unfair competition”.

It is not surprising that it should say that. Less than 1 per cent of councils publish a weekly newsletter. Less than 3 per cent publish one fortnightly. Thirty-six per cent publish a quarterly newsletter. A council with which the noble Baroness is very familiar—the Royal Borough of Kensington and Chelsea—publishes six newsletters a year of 16 full-colour pages, which are full of information. That is perfectly correct. It would be constrained from doing so by the terms of this order. The Merits Committee said:

“The House may wish to seek a better explanation”—

from the Department for Communities and Local Government—

“of what evidence leads them to conclude that there is currently unfair competition and why … four issues a year represents the right balance between the … need to give information to local residents and the interests of commercial newspapers”.

It was interesting that the Select Committee heard from the general secretary of the National Union of Journalists, one Jeremy Dear. He said that 68 per cent of editors believed that there was less coverage of council functions than there was when he was a working journalist. He said:

“The vast majority of the stories”

in his day

“were from council meetings and council coverage. It is just not the case that there are people dedicated to doing that. Despite the best efforts of newspaper companies and journalists, they simply do not have the staff any more to be able to cover it … You see the correlation between that decline and the expansion of a whole number of different council publications”.

There are significant reasons for the decline of the local press. One of the early ones was perhaps the development of local commercial radio, itself funded by advertising. The second is the widespread use of the internet. The third—again, ironically, your Lordships might think—is the existence of free newspapers, sometimes published by the very local press that is apparently pressing the Government to impose these restrictions. Many of us take home our free copy of the Evening Standard as we leave your Lordships’ House. In the north-east, Trinity Mirror publishes a free so-called newspaper; it consists mainly of advertising. These, I submit, are much more likely to be responsible for the decline of the local press than are local council publications.

Councils often join up with the National Health Service, the police and others to provide information. Many councils reckon that this is a more cost-effective way of conveying that information. For example, the Liberal Democrat-controlled council in Portsmouth not only publishes its own newspaper, which reaches all 85,000 households in Portsmouth, but spends £970,000 advertising in the local press. Many councils continue to advertise. However, the local press in Portsmouth reaches only 30,000 of those 85,000 houses. If the council wants to reach everyone, it has little option but to distribute its newsletter more widely. Around £40 million is spent nationally on advertising planning notices alone in the paid-for press.

The code proscribes, as the Minister has pointed out, the engagement of lobbyists to influence public officials or government. I would be sceptical about the value of employing lobbyists, but it does not seem necessary for the Government to proscribe their use if a democratically elected council chooses to use that resource. Nor is it necessary for them to prohibit the production of stands or displays at party conferences to influence members or political parties—something which, frankly, I would like to see a little more of from certain political parties at present. On lobbying, it should be noted that the Select Committee suggested that a code of practice should be developed. The Government have rejected that outright.

The Select Committee concluded that it was,

“concerned that some of the changes … run counter to ‘localist’ principles and have potentially negative implications for local democracy”.

That goes to the heart of the matter before us tonight. Decisions on these issues should be made by elected councillors answerable to their electorate. It is interesting that the Minister rightly points out that the legislation requires councils to have regard to the code, which is essentially unenforceable, although a district auditor may make a report on a complaint by an aggrieved resident or, presumably, an aggrieved local newspaper in this case.

Like the Minister, I hope that councils will have regard to the code and that they will make their decisions on the basis of their judgment of the local circumstances, and not simply defer to the prejudices of the Secretary of State. They should also, perhaps, consider the following statement:

“If the Department for Communities and Local Government was truly committed to localism it would not be introducing draconian rules dictating to councils how often they are allowed to share information with residents. It is extremely disappointing that ministers have failed to make any significant amendments to the code following consultation, and appear to have ignored the advice of their own MPs. Newsletters delivered to people’s homes have consistently proved to be the cheapest way for councils to directly communicate with residents and keep people informed about local services. The Communities and Local Government select committee found there was scant evidence of council publications competing unfairly with local newspapers. Most are distributed between four and six times a year and pose no threat to the local press, on whom the growth of the internet has had a far greater impact. It is extraordinary that Government ministers have chosen to ignore this and take such a heavy-handed approach. Not only are these rules completely unnecessary, but they have the potential to harm local democracy and drive up the amount of money councils will have to spend on advertising to fulfil their legal requirements. We strongly agreed with the Communities Secretary when he said in one of his first speeches that no-one working in local government signed up to be told what to do for the rest of their lives by Whitehall”.

Those words were not my words; they were the words of the noble Baroness, Lady Eaton, the chair of the Local Government Association and long-standing associate and colleague of the Secretary of State. She was the leader of Bradford council in her day, after the Secretary of State had departed to higher, perhaps greater, things.

The noble Baroness is not in her place tonight, which I do not for a moment criticise. I warned her that I was going to be quoting her. She might feel somewhat conflicted, which I quite understand. I have no criticism at all of her. Indeed, I admire her for having the forthrightness and courage to speak on behalf of local government over this issue.