Local Government Bill [Lords]

Stephen Pound Excerpts

Thursday 21st October 2010 Commons Chamber

[Gavin Shuker]

I draw the hon. Gentleman’s attention to the comments of both the former and the current Norwich South MP, both of whom were in favour of the change. If we agree about local decision making and local representatives knowing their community best, we need to start with their comments. Indeed, I am looking forward to hearing the comments of the hon. Member for Norwich South (Simon Wright). I hope there will not be the screeching noise of a U-turn. I do not know what the whipping operation is like for Government Members, and I have no desire to find out, but I could imagine that, possibly, on a long train trip up to their constituencies the hon. Member for Norwich North (Miss Smith) might have put a friendly arm around the hon. Member for Norwich South and talked about this issue.

[Stephen Pound (Ealing North) (Lab)]

Steady on!

[Gavin Shuker]

Well, we are in the era of the new politics. I am genuinely looking forward to hearing the comments of the hon. Member for Norwich South, however, for whom I have a huge amount of respect.

On a national level, we need to ask this question: why would these people want this change? Government Members were at one time very much in favour of unitary status. Lib Dem councillors in Norwich wanted this, of course, and initiated the beginnings of the change, and the Tory party initiated getting on for 100 unitary authorities in their last spell in government. We can have an argument about whether the people want this but it certainly seems that the evidence on that is not clear, yet it is clear that the elected representatives in Norwich do want it.

The second question is: is it rational? The Department’s own impact assessment showed that the most expensive option for Norwich was the status quo. Let us consider some comments made in another place—a fine place, I have heard, and one that I quite enjoy dropping into every now and again. Lord McKenzie of Luton noted that the High Court judgment had concluded that

“the Secretary of State was entitled to reach the view he did on the merits of the proposal and that it was not irrational.”

He also said:

“in an arrogant, dictatorial and brutal way”

the judgment of the Secretary of State

“shut out Exeter and Norwich from the opportunity to become unitary councils—an outcome for which there is genuine local appetite”.—[Official Report, House of Lords, 30 June 2010; Vol. 719, c. 1802-05.]

We might also look at the judicial review that was initiated. We can see that the appropriate orders were quashed, but the judge said that

“this does not prevent them being put forward for approval after what need only be a short period of consultation.”

There was no wide-ranging set of criteria under which the orders were thrown out. The judge clearly considered that aspects were rational, but he chose to highlight the short period of consultation needed. As a result, the orders were quashed—but they need not be by the Secretary of State.

Should a place such as Norwich be allowed to become a unitary authority? I speak for the nearest bastion of red in the east of England, although admittedly it is about two and a half hours away, which I feel acutely when I travel throughout East Anglia—the lovely place I am from. However, Luton became a unitary authority in 1997, which is a decision from which we have clearly benefited. It is important that Luton’s people are able to elect local representatives who will stand up and speak for the areas they choose to represent, and who understand the local needs. There is a vast disparity in the Luton area between the types of areas, houses and villages, and between the feelings that people have about their area.

That is the point. Unitary authorities that are small enough to respond to the needs and views of its people will be best able and best placed to make the decisions that respond to the needs of the residents. If a place such as Luton is allowed to have that right—a right, coincidentally, that was bestowed on it under the previous Tory Government—I do not see why Norwich and Exeter should not also have the right to make their own decisions in their own ways. Norwich has a population of about 135,000; Luton is slightly larger, with about 200,000 people, but we are a mere borough. I love Luton borough council as much as the next man, but I do not understand why the great cities of Norwich and Exeter, with their shining beacon status as cities, should not be allowed to take responsibility for their own affairs. I look forward to hearing the arguments put by Government Members for why they should not.

We in Luton would, of course, like to become a city—indeed, we have a city status bid in the file—and we would like all cities to have the opportunity to put forward their cases, as they did under the previous Government, but that right has been quashed under this Secretary of State. Why can these places not have their freedoms? Why can the voices of the local people not be heard? Why can the spirit of the judicial review not be followed through? I believe that the Secretary of State is a roadblock to reform, and I stand with the people of Norwich and Exeter.

--- Later in debate ---

[Robert Neill]

As I hope I can demonstrate to my hon. Friend in a moment, what caused the previous Government’s plans to go awry was the fact that, not liking the results that they were getting, they decided to shift the goalposts at the very last moment—

[Stephen Pound]

Cliché!

[Robert Neill]

It was pretty much in extra time, with the referee about to blow the whistle. Then there came the next stage earlier this year, when the right hon. Member for Salford and Eccles had bravely walked into the outer darkness—I believe that the right hon. Member for Don Valley (Caroline Flint) did so at much the same time, but she has returned to bask in the sunlight of the Opposition Front Bench, so clearly does not share her right hon. Friend’s opinion now. The then Secretary of State, the right hon. Member for Southampton, Itchen (Mr Denham), decided that his assessment of the Exeter and Norwich proposals was the same as his predecessor’s. However, he decided to do the opposite, concluding that there were compelling reasons, which had never previously been articulated anywhere, to depart from the presumption that a proposal had to meet all five criteria. That decision was ultimately struck down by the courts. That attempt to ram through a change and shift the goalposts in the dying days of a Government is why we are in the present mess.

The hon. Member for Norwich South (Simon Wright) is right to say that we need not go into the legitimate debates that we could have about the efficacy or otherwise of unitary authorities, because we have here a classic example of how not to go about a local government reorganisation. That is why we need the Bill—to sort out that mess and put an end to the proposals that, having been struck down by the court, would otherwise have been left hanging in the air at the end of the process.

I shall say a word about two of the arguments that have been deployed this afternoon, the first of which is the need for local councils to be master in their own house and restore power to what I accept are ancient and proud cities. There is a serious flaw in that argument, which runs through all the Opposition’s arguments: the fact that they confuse structures with power. That underlines and sums up the error in their approach to local government. They believe that we should give local authorities power by changing structures, reorganising and calling an authority unitary. On the contrary, we seek to give real power back to local authorities by removing the ring-fencing of centralised grants, providing them with the power of general competence, enabling them to work together collaboratively and removing restrictions on their right and ability to represent their constituents. That difference is a classic demonstration of the Opposition’s idea that power is all about tinkering, whereas we think it is actually about giving communities real choices rather than worrying about structures.