Buckinghamshire (Structural Changes) Order 2019

Lord Bourne of Aberystwyth Excerpts

Monday 20th May 2019 Lords Chamber

Moved by

[Lord Bourne of Aberystwyth]

That the draft Order laid before the House on 2 April be approved.

Relevant document: 24th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, on 2 April a draft of this order was laid before this House and the other place, which approved it on 13 May. If now approved by Parliament and made, it gives effect to the decision of my right honourable friend the Secretary of State that the locally led proposal to replace the five existing Buckinghamshire councils with a new single unitary council should be implemented.

This order is a key element in the legislative process for establishing unitary local government in Buckinghamshire. It provides that on 1 April 2020 the existing five councils will be wound up and dissolved—that is, for the abolition of the county council and the district councils of Aylesbury Vale, Chiltern, South Bucks and Wycombe. It provides that in their place the new unitary Buckinghamshire Council will be established. The order also provides for appropriate transitional arrangements. These are centred on the new Buckinghamshire Council being established in shadow form once the order is in force, with that council becoming fully operational on 1 April 2020.

We have already debated and approved regulations on the Buckinghamshire proposal, which were made on 21 February 2019. As I said during the Grand Committee consideration of those regulations, they enable orders implementing unitary proposals in Buckinghamshire, such as the order we are considering today and any further order that may be necessary, to be made if Parliament approves.

There is a powerful case for implementing the locally led proposal for change submitted by the county council. Indeed, there has consistently been consensus among all five Buckinghamshire councils that local government across the county should be reorganised and that retaining the status quo is not an option.

This unitary proposal, submitted to my right honourable friend the Secretary of State and which will be implemented if Parliament approves, is that there should be a single council for Buckinghamshire, with community boards enabling local councillors to take decisions on issues such as funding for community groups and local roads maintenance, and community hubs to provide access to services. The proposal envisages devolving responsibilities to those town and parish councils that have ambitions to take greater ownership for local decisions regarding the management of assets and delivery of services, so that they can tailor these to community needs.

My right honourable friend the Secretary of State has assessed that the proposal meets our three criteria for unitarisation. These were set out by my honourable friend the Member for Nuneaton in the other place in February 2017. These criteria are: first, whether a unitary proposal, when assessed in the round, would if implemented be likely to improve the area’s local government; secondly, whether it commands a good deal of local support in the area; and thirdly, whether the area itself has a credible geography for the proposed new structures.

On 12 March 2018 my right honourable friend the Secretary of State announced that he was “minded to” implement the proposal for a single unitary council in Buckinghamshire and invited representations to be made to him. Having carefully considered the more than 3,000 representations he received, on 1 November 2018 my right honourable friend announced his intention to implement the proposal, if approved by Parliament.

In reaching this conclusion he was clear that the proposal met our three criteria. On the first criterion, it will improve local government by: enhancing social care and safeguarding services through closer connection with related services such as housing, leisure and benefits; offering opportunities for improved strategic decision-making in areas such as housing, planning and transport; providing improvements to local partner- ships with other public sector bodies; generating savings estimated by the county council to be £18.2 million per annum; enabling 19 community boards, each with a community hub, to be established to serve Buckinghamshire towns and villages; and providing a single point of contact so that residents, businesses and local communities will be able to access all council services from one place.

On the second criterion, it commands a good deal of support. The more than 3,000 representations we received following my right honourable friend’s “minded to” decision in March 2018 showed overwhelming support for change, with 87% of all representations supporting unitarisation in principle and 35% of all representations supporting a single unitary council, with 47% supporting two unitary councils.

The public sector service providers—the police and crime commissioner, the South Central Ambulance Service, Buckinghamshire Healthcare NHS Trust and Buckinghamshire Clinical Commissioning Group—all support a single unitary council and highlight that the majority of partner organisations operate on a countywide geography; they support a shared geography with the council to improve the overall provision of services in Buckinghamshire.

The Department for Education-appointed Children’s Commissioner, in his report on Buckinghamshire children’s services, strongly supported the single unitary proposal as the option that would best safeguard children’s services if local government restructuring were to take place.

Business organisations are strongly supportive of a single unitary council. Buckinghamshire Business First, with more than 10,000 members, considers that a single unitary council is the most effective and affordable proposal. The Buckinghamshire business group supports a single unitary council on the basis that it will deliver significant savings, simplification for businesses and strategic alignment with other bodies. Of the 18 individual representations, the split is about 50:50.

On the third criterion, the proposal represents a credible geography. The current county council geography has a widely accepted credibility that has been in existence for many years, as highlighted by the support for a single unitary council from public sector service providers that already operate on these shared boundaries. The Buckinghamshire Thames Valley Local Enterprise Partnership is very clear that Buckinghamshire is a functional economic area.

Since the announcement on 1 November, we have, in discussion with the councils concerned, been preparing the necessary secondary legislation to implement this proposal: the regulations which streamline the process, and which have already been approved by Parliament, and this order. Our discussions with the councils have been largely about the transitional arrangements for which provision is made in this order. This includes how the shadow authority and its executive will drive forward the implementation. Where there has been agreement between all five councils, we have adopted their preferred approach. Where there are different views on detailed provisions, my right honourable friend the Secretary of State balanced the differing views in the context of his decision to implement the proposal for a single unitary council and the need to ensure stability of key social care services, taking particular note of the recommendations of the Children’s Commissioner.

The most significant details of the transition arrangements are as follows. The shadow authority will be made up of all the members of the five existing councils, giving a total of 236 seats; although in practice the number of twin-hatters—members sitting on both the county council and one of the district councils—reduces the number of councillors to just over 200. The shadow executive, to which the transition functions are delegated from the shadow authority, will be made up of 17 members nominated by the existing councils. The leader of the shadow executive will be the leader of the county council; eight further members will be nominated by the county council and two by each of the four district councils. The executive can decide to change their leader if they wish. There will be new electoral arrangements, including the date of the first election on 7 May 2020, when 147 councillors will be elected for the first five-year term; subsequent elections, which will be held in May 2025 and every fourth year thereafter; and new warding arrangements for the May 2025 elections.

These arrangements are consistent with those in previous unitarisations, providing the leading role for the council that submitted the proposal and ensuring a good mix of experience among shadow executive members. For example, in Central Bedfordshire, the proposal was submitted by district councils, and in this instance the leader of the shadow executive was specified as the leader of one of the district councils. The shadow executive had a majority of district councillors, but representation from the county council ensured a mix of experience. Following the practice of previous unitarisations, the structural change order specifies that the functions of the shadow authority are to be exercised largely by the shadow executive.

In conclusion, we are seeking to replace the existing unsustainable local government structures in Buckinghamshire with a new council that will be able to deliver high-quality sustainable local services to the people of Buckinghamshire and provide effective leadership at both the strategic and the most local level. The inclusion in the proposal of community boards and delegation to parish and town councils, where this is wanted, will mean that the arrangements not only open the door to improved local services but shift power to communities, helping them get involved in decision-making in their local area. All the existing councils have made it clear that they share these aims and are committed to the best services for Buckinghamshire communities—for which we are most grateful. This order delivers this, and on that basis I commend it to the House. I beg to move.

--- Later in debate ---

I am not opposing the order, but I feel there is something not quite right about how local government is evolving in England. It is not clear; it does not give certainty or value for money, either for the taxpayer or for the council tax payer; and it is no way to deliver services. Reorganisations will not get the Government off the hook with the crisis we have in local government, which is a result of the nearly £8 billion funding gap that local authorities face no matter what structures we have. I look forward to the Minister’s response.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in this debate. I will do my best to answer the valid points that have been raised.

Like the noble Lord, Lord Stevenson, I appreciated the meeting we had which, as he said, was also attended by the noble Baroness, Lady Pidding, who is not in her place at present. I found it a useful discussion. In that meeting and again today, the noble Lord made some very valid points. He indicated that the message on support is ambiguous. I accept that overall, in terms of personal interventions, there was more support for two unitary authorities than one. But the point I was making, which I think unanswerable, is that there was an overwhelming response in favour of change—in favour of unitarisation. I see that the noble Lord accepts that.

I turn to a point made by the noble Lord, Lord Kennedy, about democracy in general. He and I have had this discussion previously. As a councillor of great and long standing, he knows very well that in a democracy one has to respond to the people who respond, whether through surveys or votes. He and I would both like more people to participate, as I am sure would all noble Lords in the Chamber.

The noble Lord, Lord Stevenson, also raised an issue about the changes that are undoubtedly happening in the country at large, such as with HS2 and housing. Those are certainly important developments but they affect many councils, not only Buckinghamshire. I was not quite sure at one stage whether the noble Lord wanted us to look at this in terms of a larger unit or a smaller one. The support that he seemed to be getting behind was in favour of having two unitary authorities but, looking at it more broadly, some of the housing issues on the Oxford-Cambridge arc would indicate the need for a larger authority.

[Lord Stevenson of Balmacara]

I am sorry if I did not make myself clear. What I was trying to argue for was a review in the not too distant future. The statutory instrument says that there will be no review, because once this unitary council is established local democracy will take care of any changes, but I think that that misses the point that he has just made: there are substantial changes on the horizon, some of which are happening even today, and it would be sensible to have in mind the thought of thinking again about the overall structure.

[Lord Bourne of Aberystwyth]

I am grateful for that. The noble Lord did indeed make that point. I was going to come on to look at the issue of the review. I think he has indicated now, although perhaps not as strongly as earlier, that we are looking at the electoral response in terms of a review of arrangements. As he has indicated previously, most of these changes affect other council areas as well as Buckinghamshire, which is the subject of the debate at the moment.

During the course of his very useful contribution, he referred to winners and losers. That is not how we are looking at this. I accept that the breakdown will see nine representatives on the executive from the county council area and eight from elsewhere, but I do not think that that is domination; it is a narrow majority. As I have indicated, there will be an opportunity to replace the leader if there is a desire to do so—so that is there as well.

All the council leaders have indicated—and I am very grateful for this—their strong support for the new arrangements and their desire to get behind them, which, in all fairness, the noble Lord, Lord Stevenson, also indicated. That is the way we have to look at this. It is not with unanimous support, but with local government reorganisations it would be strange if it were. It seeks to represent the fact that we need a compromise. I am very grateful to the noble Lord, Lord Stunell, for indicating his support for the Secretary of State and the sensible compromise. We are trying to work towards a consensus with the three-member wards and the 147 members.

The re-warding that will happen after 2025 will be led by the Boundary Commission. It would be unwise for me to opine on that at this stage, but obviously it will be guided by experience. I share with the noble Lord the general desire that we do not want too few members. We perhaps have to recognise that there is a real job of work to be done here. I have to say that 147 sounds reasonable to me—but, as I say, this will be guided by experience and by the Boundary Commission. Obviously there will be a chance to look at this as things develop.

The noble Lord, Lord Stunell, made some very useful comments. I thank him for them and for his broad support for the measure. I agree with him on the need, as I say, to have a generous number of members—not too few—to represent democracy. I also agree about the important role of the parish councils. I have sought to find out, during the course of the discussions we have had, what is proposed. This will be led by the new authority, of course, but they have indicated that they want community hubs for the 19 areas, and the intention is that they should be represented by community boards for those areas to serve Buckinghamshire towns and villages and enable local councillors to take decisions on very local issues such as funding for community groups, local road maintenance and things that would apply to those particular communities. That is the intention. For example, residents in communities such as Buckingham and Beaconsfield at different ends of the county and in the surrounding areas would be able to look to decisions on local matters being made closer to those communities. The intention is to work closely with public sector providers in those areas as well to try to ensure that there is a genuinely local feel to the way that decisions are reached there.

I turn to the contribution by the noble Lord, Lord Kennedy. Again, I thank him for his general support for what we are doing—or at least for the fact that he will not oppose it, as I think he phrased it. He made some very fair points about the strategy. He was concerned that we had something more like a detailed blueprint. That is not the way in which we have been seeking to do this. Things are different in different areas, and the consistent theme running through this is democracy. It would be hard to see some sort of metro mayor operation in Buckinghamshire, for example, although I think it is appropriate for Cambridge and Peterborough. I think the noble Lord would accept that different rules apply to different parts of the country.

He talked—perhaps this is an indication of Labour being somewhat rooted in the past—about the sweet counter at Woolworths. I have news for the noble Lord: that has long since gone. But I accept his general point that there is perhaps a need for a more consistent theme. He will know that we will be making a Statement on devolution in England; we are committed to doing that. That will perhaps be in relation to the metro mayor position. I hope that the noble Lord will take comfort from that.

To come back to democracy, it is worth noting that this proposal came from the area; it did not come from the Government. Obviously we have had a hand in shaping it, but the initial proposal came from the councils of the area itself.

[Lord Stevenson of Balmacara]

I listened to the Minister explain the position and I am picking up on what my noble friend Lord Kennedy said. Does the Minister accept that we have an area that has perhaps grown up with a particular style of government, and where there has not been much change over the last 30 years or so? There is a danger that by listening to only that voice and considering the representation from only one of the five councils, one is playing to a particular style and approach, and not thinking about the wider context of metropolitan-type counties near London, many of which will have similar problems. The point my noble friend was making was that there is probably a level of perspective above that, which suggests that we need a better template for all that, to make sure those particularities do not dominate a more general case.

[Lord Bourne of Aberystwyth]

I certainly accept that there is a need to listen to a broad range of opinions. In fairness to local representatives, MPs and councils, I think we have done that in Buckinghamshire. There is not unanimity of opinion; that is a perfectly valid point. I also accept, and this will be reflected when we look at devolution arrangements for England, that there is a need to look at a broad feel for the country and how matters are governed. That is fair, but we also have to recognise that a uniform, monochrome blueprint—I have mixed my metaphors—for councils is undesirable. There is perhaps a way around this that accommodates both.

I am really grateful for the contributions made. I am sure we will take account of these comments. I will seek to update noble Lords on any points I have missed in this very useful debate. I thank them for their contributions and their general support.

Motion agreed.