Intellectual Property

Debate between Martin Caton and Rehman Chishti

Tuesday 7th February 2012 Westminster Hall

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate the hon. Gentleman on securing this important debate. Let me declare an interest at the outset. I have spoken to Allison Coleman, my former law tutor at the university of Wales, Aberystwyth, who advises the Welsh Government, the National Library of Wales, the National Museum Wales, the Royal Commission on the Ancient and Historical Monuments of Wales and the People’s Collection Wales on access to orphan works. Her concern is that it is possible that national institutions with vast collections of works whose copyright owners are unknown will be charged a licence fee when they digitise those items and publish them on the web. As Hargreaves argues and almost everyone accepts, it is in the national interest that tremendous resources are held by our libraries, archives, museums and galleries. If those public institutions have to pay a fee to digitise each item—

[Martin Caton (in the Chair)]

Order.

[Rehman Chishti]

I will finish on that point, Mr Caton.

Sustainable Communities Act 2007

Debate between Martin Caton and Rehman Chishti

Tuesday 16th November 2010 Westminster Hall

[Martin Caton (Gower) (Lab)]

It is a great pleasure to serve under your chairmanship this afternoon, Mr Turner.

Back in 2007, I was one of the sponsors of the Sustainable Communities Bill, which was so ably steered through its various stages by the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd), who is now a Parliamentary Secretary in the Cabinet Office. I know that he would agree that the Sustainable Communities Act 2007 is rightfully the legitimate offspring of more than 120 national organisations, which came together under the umbrella of Local Works.

Pressure for the Act came out of the experience of people up and down this country who had watched their communities decline over the years and who recognised what that meant for their quality of life. At the heart of the problem was the loss of key local services. There was the closure of a fifth of the post office network in just a decade, and the loss of a quarter of our local grocery stores; also, a fifth of local bank branches went over that same time frame. More than 30,000 community retailers were painted out of the picture.

However, that process was not just about the high street or the village store, but about the quality of our public spaces and the run-down of community halls, community centres and children’s playgrounds. In addition, it was about recognising that losing community resources is not only bad for the local environment but impacts on the bigger picture, as it forces people to travel further and further from home to gain access to what used to be on their doorsteps. At the same time, Local Works and its contingent parts observed our country’s increasing disengagement with politics, while also picking up the message that people are prepared to re-engage and get involved if they believe they can make a difference by doing so.

The philosophy behind the drive for what became the Sustainable Communities Act 2007 is simple. First, community decline is a national and ongoing problem, and it will clearly worsen if nothing is done. Secondly, in most instances, the best efforts of local citizens and communities will not be enough to reverse the trend, so Government must help. However, communities are the experts on local problems and the solutions to them, so Government actions must be directed by communities and not central diktat. What was needed was a mechanism by which local people could drive Government action to reverse community decline and promote local sustainability. The Act was and is the vehicle for doing so.

I have said that the Act is the baby of the Local Works coalition. So it is, and I congratulate the coalition, but we should remember that the gestation period was very long and that a succession of hon. Members volunteered to act as midwife along the way. Essentially the same legislation was promoted by Julia Goldsworthy, by the hon. Member for Bexhill and Battle (Gregory Barker), now Minister of State at the Department of Energy and Climate Change, and by the much-missed David Drew, then MP for Stroud. That demonstrates the cross-party nature of support for the legislation, just as early-day motion signatures and attendance at the Second Reading debate in 2007 demonstrated the strength and depth of that support in all parties.

One thing that united MPs with the organisations and communities so actively campaigning on the issue was the determination that the Act should not be just another consultation exercise. Of course consultation has a valuable place in our political development, but to reverse community decline, we needed something that delivered rather more. The Act sets in law for the first time a bottom-up process in which central Government have a duty to co-operate and reach agreement with the designated selector, the Local Government Association, on which proposals for Government action made by communities and councils will be implemented.

What has happened since the passing of the Act? In October 2008, the previous Government launched the first invitation of proposals. Local Works responded by holding more public meetings across the country, and organisations, communities and individuals lobbied their councils to resolve to use the Act. Some 100 local authorities responded, and in partnership with their communities they drew up 300 proposals for Government action and submitted them to the Local Government Association by the end of July 2009.

The scope and breadth of the proposals is eye-opening. They included measures to protect local post offices, shops, pubs and other suppliers; to increase the sale and production of local food; to protect local public services; to promote local renewable energy, microgeneration, energy efficiency and recycling; and to increase democratic participation. The wide-ranging nature of the proposals showed how enthusiastic communities had become about various aspects of the sustainability agenda.

The Local Government Association shortlisted 199 of the proposals and submitted them to the Government in January this year. Of those 199, Local Works identified 30 that it described as a vision for local sustainability, arguing that it is vital that the Government agree those proposals to protect and create truly sustainable communities. Many of the proposals involve no extra financial burden to the Treasury, as they simply devolve power, give councils new powers or change existing rules. So far, so good.

In preparing for this debate, I read the Hansard report of the Third Reading debate on the Sustainable Communities Bill. It is noteworthy that Members from all parties regarded the Bill as important legislation, especially for a private Member’s Bill. It is also noteworthy how many of them—including Ministers in the current coalition Government—looked forward to seeing the Act’s impact. There was a sense of urgency in the Chamber on that day.

The situation in which we find ourselves is therefore astonishing and extremely disappointing. To date, no negotiations have been reported between Government and the Local Government Association, as required by the Act, to reach agreement on the shortlisted proposals. Delaying doing good is always a cause for concern, but I believe that in this case there is an additional danger. Many people have spent time and energy getting involved in identifying how the Act can deliver for communities throughout the country. The feedback I have seen shows that some of those people are becoming extremely disillusioned, and disillusionment is often followed by disengagement.

To demonstrate that point, I shall quote from a few councillors and organisations worried by what they see as unnecessary delay. Councillor Anne Ward of South Hams district council said:

“It’s a disgrace that there’s been no movement on this for over a year—makes you wonder why we all bothered!”

Councillor Richard Robinson of Broxtowe borough council said:

“It has now been over a year and three months since proposals were submitted and yet they have still not been dealt with by the Government. There is now widespread grave concern that the huge numbers of people who put their time and energy into getting involved in the Act are becoming disillusioned and disengaged.”

Councillor Clare Hopkinson of Warwickshire county council said:

“It is unacceptable that government moves so slowly.”

Councillor Elaine Hall of Moor Monkton parish council said:

“It has now been a year and three months since these proposals were put before government and we need to see some action.”

Councillor Robert Dyson of Shadwell parish council wrote to the Minister, saying:

“I gather that 300 ideas were finally put forward to the last government some 15 months ago, since which time there has been neither feedback nor action.”

Tellingly, he went on:

“You are now part of a new Government, which is promoting the idea of the ‘Big Society’. If the idea is to be something more than a mere slogan, can you please give me some assurance that some active consideration will be given to the ideas put forward to promote local sustainability?”

Ruth Bond, chair of the National Federation of Women’s Institutes, said:

“We now are encouraging the government to ensure the Act is properly implemented by dealing with the proposals. It is important that this is done soon as it is over a year since the proposals were submitted…When our members and others start to see results at a local level their involvement will have meant something and more people will be inspired to engage in this new democratic process. However if things drag on there is a serious risk that disillusion will creep in and further damage public involvement in democracy.”

Mike Benner, chief executive of the Campaign for Real Ale, said:

“Since early last year, many communities and councils, as well as our members and branches, have been involved in the Act. Hundreds of exciting ideas for government action to promote thriving communities, many of those relating to protecting and enhancing local pubs and local beer, were submitted as proposals. However, we are concerned that the process is dragging. It is over a year since the first set of proposals was submitted. Our members and others who got involved are starting to ask what is going on. Because of this we believe it is vital that the government deals with the proposals made under the Act urgently.”

I have similar comments from the chief executive of the Rural Shops Alliance, the director of Unlock Democracy, the chief executive of the Association of Convenience Stores, the chief executive of the National Council for Voluntary Organisations and the executive director of Friends of the Earth.

A while ago, to try to stimulate action, I tabled early-day motion 178, which calls on the Government to deal expeditiously with the proposals under the Act. That motion is now supported by 236 Members from across the parties in the House—by far the highest number of signatures for any early-day motion this Session. I understand that the Government have said that it might be next year before all the proposals are dealt with. If so, the disillusionment I have demonstrated will deepen.

It also raises another question about process. Before the end of this year, the Government must announce the timetable for the second invitation of proposals required by the Sustainable Communities Act 2007 (Amendment) Act 2010.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate the hon. Gentleman on securing this debate on such an important issue. On process, does he agree that local authorities should have the option to submit proposals when they want, so that the 2007 Act creates a continuous, streamlined process?

[Martin Caton]

It will be a continuous process, but I support the timetabling in the original Act, because it ensures that projects are considered and should have ensured that the Government were engaged by now with the Local Government Association.

I mentioned the consequences of the 2010 Act. That Act will mean that a new tranche of proposals will be invited very soon. As I say, if the Government do not pull their finger out, they will have to announce the second invitation before having dealt with the proposals from the first. That will send out all the wrong signals about the Government’s commitment to sustainable communities. Let us get things moving right now.

I recall that the Minister was at the Bill’s Second Reading debate. He intervened on the hon. Member for Ruislip, Northwood and Pinner on the issue of garden grabbing—a subject I know is close to his heart. In responding, the Bill’s promoter described the Minister as

“a well-known champion of localism”—[Official Report, 19 January 2010; Vol. 455, c. 1041.]

Today, I am asking him to prove that that description is accurate.