Martin Vickers
Main Page: Martin Vickers (Conservative - Brigg and Immingham)(12 years, 9 months ago)
Commons ChamberI want to make three points. The first is about the codes of conduct and the abolition of the Standards Board. I, like many local councillors at the time, was the subject of numerous referrals to the Standards Board. The first that anyone heard of it was when they received the letter from the Standards Board saying that it had decided to take no further action on the vexatious complaint. It could take many months and, in certain cases, years before a complaint was determined one way or the other. In cases that were chosen for investigation, the investigations could take the length of a councillor’s term of office before it was decided whether they were guilty.
I have concerns about what is being proposed. I completely agree with having a national standard for the codes of conduct that local authorities should impose. There should be national standards and everybody should abide by them, even though they will be monitored at a local level. There is a key concern about how valid complaints will be investigated. I have a concern about elected councillors overseeing complaints about other elected councillors and about how politicians might seek to gain party political advantage over one another through standards committees. The concept of having independent individuals in charge is of course welcome. However, the risk is whether such people can be found for every local authority and whether they will be of a suitable standard to make the system work. I have concerns but, broadly speaking, the Government’s amendments should be welcomed.
My second point touches on the amendment tabled by my hon. Friend the Member for Richmond Park (Zac Goldsmith) on referendums. The key concern is about the difference between a local authority consulting the people it serves and it being bound by a referendum, possibly on a single proposition. I do not think that local authorities in this country consult properly. Instead, they notify the public that they will do something to them, regardless of what they think of it.
I will give an example from a local authority on which I used to sit. The London borough of Brent has decided to close half its libraries. The council put it to the public and 82% of people said that they did not like it. The answer from the council was, “We’re still going to do it.” That was the result of a consultation. The idea was overwhelmingly rejected, but the council are progressing with it. That would be a case, like my hon. Friend the Member for Richmond Park described, in which a referendum would undoubtedly go against what the local authority wishes to do. However, that does not change the fact that local authorities are elected to serve and to make decisions. They should do so even if those decisions are not liked by the people whom they represent.
I will also cite the case of Bristol, which several years ago conducted a referendum on the level of council tax to be charged. The council put four options to the people of Bristol: a reduction in council tax with a drastic reduction in services; a marginal reduction in council tax with a marginal reduction in services; a stand-still option; or the council’s preferred option of an increase in council tax and keeping services at the same level. Lo and behold, the people voted for a substantial reduction in council tax and a substantial reduction in services—not quite what was expected. One has to be careful in taking on a referendum. For the purposes that I have described, a referendum is clearly not the route to follow.
Equally, as I have said in interventions, if we had referendums with a trigger of 20% or 30% of people signing a petition, that would not necessarily work if the turnout for such a referendum would be far too low. That would be ridiculous and would impose on local authorities an unfair basis for making decisions. As we all know, it is easy to get people to sign a petition, but it is another thing to get them to vote. Clearly there is a role for petitions in consultations, but using them to trigger referendums is difficult.
My third point relates to the position on council tax. I have always been an advocate for councils being free to set council tax at the level they choose. If councillors choose to impose a swingeing increase in council tax, the public have the right to vote them out at the next election. We should trust the people to do that. I have always been stringently opposed to the capping of council tax or previous forms of local taxation, because it takes away the decision-making powers of local authorities. Councils should not have referendums held over their heads on council tax, but people should have the power of the ballot box to remove councillors who vote for a swingeing increase. That is the right way to protect people.
Most local authorities in this country have their councillors elected by thirds, so the local electorate has the power every year to remove councils and councillors who choose to vote for large increases in council tax. In unitary authorities, there are all-out elections, which means that councillors, having been safely elected, can take decisions at the beginning of their cycle to get their betrayal out of the way before they face the threat of the ballot box three or four years later. Perhaps we need to re-examine the governance of local authorities and ask whether they should face more frequent local elections, rather than having periodic elections when the decisions made by the local electorate are often more about the national Government of the day than the decisions that are made at a local level.
Having spoken about those three key issues, I will conclude my remarks. I warmly welcome the amendments proposed by the Government.
I rise to speak about the referendum issue. Members will note that I am one of the signatories to the amendment tabled by my hon. Friend the Member for Richmond Park (Zac Goldsmith).
I support the principle of referendums and believe that they are a natural development of our democratic process. Having spent many years as a local councillor fighting against centralisation, I warmly welcome the moves that the Government are making, but they could go further. To give an example, I sponsored and secured a referendum in one ward of my unitary authority to abolish a town council. I did so because there was clear opposition to a council that was charging in excess of £100 per household for band A properties. There was an overwhelming vote to abolish that council. Unfortunately, the referendum was not binding, because it was held under the Local Government Act 2003, to which the Minister referred. The unitary council of North East Lincolnshire subsequently overturned the referendum result.
I agree, it was outrageous that a decision of the electorate that had been arrived at democratically through the ballot box should be overturned by a local authority. Having granted the referendum initially, it should have reversed the result, if that was its wish, only through another referendum.
To assist my hon. Friend in his point, I add that in my constituency the people of Old Goole are seeking to separate from Goole and form their own parish council. There is a huge argument going on, and the one way in which it could be resolved is through a binding referendum.
Absolutely. My hon. Friend makes an extremely valid point, and I am sure Members of all parties can think of such examples.
The hon. Member for Warrington North (Helen Jones) made a valid point about premises that cater for people with mental health difficulties. I accept that local authorities have very difficult decisions to make in such cases. I can recall there being such a decision in my ward six or seven years ago, and if a referendum had been taken in the street in question there would certainly have been an overwhelming vote against such an establishment. However, it would be open to local authorities, as it is under the 2003 Act, to determine the arrangements for a referendum —whether it should be held in a ward or within the authority as a whole. There are ways of broadening the electoral base to cover such circumstances.
I am listening very carefully to my hon. Friend’s points. I think Members of all parties have been guilty of trying to explain why they do not think particular referendums, on serious issues, should be binding.
If there were a referendum suggesting that councillors should not receive any money whatever for their work, I believe it would find popular support, yet councillors work hard and need some sort of recompense. If that referendum were binding, how would councillors deal with that situation?
My hon. Friend makes a very interesting point, and my response is obvious—I am arguing in favour of binding referendums, so I believe that such a referendum would have to be binding. There could be turnout—
That is the word I am looking for; I thank my hon. Friend. Such referendums could therefore easily be accommodated.
Members should appreciate that there is growing apathy and disenchantment with our whole political process. The Government have tried to respond to that through measures in the Bill, through e-petitions and so on, but the only way we can really give people power is by giving them a clear-cut vote on issues. Although my hon. Friend the Member for Richmond Park said that he would not press his amendment, I hope that it will spur the Government on to further developments in the months and years to come.
I apologise to the House for coming so late to the debate. I am afraid I have been chairing a meeting elsewhere. I regret the fact that the hon. Member for Richmond Park (Zac Goldsmith) is not in his place now, but of course he has assiduously attended the rest of the debate. I wanted to ask him a couple of questions, but maybe other sponsors of his amendment will be able to intervene to clarify matters.
I can see the attraction of holding referendums on issues that are politically significant in an area, so that local authorities can seek guidance. Even if they were not binding, they would at least create a debate, and the local authority could take into account the views expressed.
Proposed subsection (5) of the hon. Gentleman’s amendment sets out the local authorities that it would apply to, including
“the Common Council of the City of London in its capacity as a local authority”.
I wish to ask the amendment’s supporters whether, under the regulations and rules to be laid before Parliament designing the mechanisms and ground rules for referendums, as mentioned in proposed subsection (11), universal suffrage would apply in the case of the common council of the City of London. In other words, will it be one person, one vote, or will businesses be able to purchase votes and outvote local residents, as they currently can? Referendums could enhance local democracy, but I do not want us to enhance the power of businesses to control the lives of residents with the City of London corporation area.
The hon. Gentleman makes a valid point. My view—I can speak only for myself—is that democracy means one person, one vote, and that that would apply whether in the City of London or elsewhere.
That is incredibly helpful, because although amendment (a) might not be pressed to a vote, the House in due course—fairly rapidly—will need to look at how undemocratic the City of London corporation actually is.
There are numerous examples of when a referendum in the City of London on the basis of universal suffrage—one person, one vote—would enable residents to address some of the abuses of the system that take place currently. If people want an example of those abuses, they should read the front page of The Guardian today. The City of London corporation has applied City cash—anything up to £100 million in local authority funding that is never audited or publicised; that completely lacks any form of transparency to local residents or the rest of the electorate in both the corporation area or elsewhere; and that is never investigated—to enhance a property development on the edge of the corporation area in Hackney. That also enhances the value of properties owned by Hammerson, which employs the lord mayor of the City of London corporation. A referendum in the City of London area could valuably take place on that matter. Residents could vote on whether it is appropriate for the City of London to enter into developments of that sort.
The Hackney example is not the only one; there was the Spitalfields development and opposition from the Barbican Association. The City of London corporation has ridden roughshod over the wishes of local residents to enhance the profits of businesses which employ council men on the corporation. If the hon. Member for Richmond Park is suggesting that the rules and regulations made under proposed subsection (11) of amendment (a) would ensure universal suffrage in the City of London corporation, it would be a major breakthrough for democracy in London.
I hope that the amendment is pressed to a Division if we gain assurances from all who have tabled the amendment that that is what it means. Even if we cannot use the amendment to prise open democracy in the City of London corporation, there will be other opportunities. Hon. Members from all parties should try to place this matter firmly on the agenda again, because allowing businesses to have the vote and to ride roughshod over the wishes of local residents in the corporation area is 21st-century abuse of power and democracy.