Memorandum by the Trades Union Congress
(TUC) (DRA 31)
SUMMARY
— The TUC welcomes the proposals to
introduce elected regional government in the English regions where
the majority are in favour. The Draft Regional Assemblies Bill
brings some clarity to the debate surrounding the proposed functions
and responsibilities of elected regional assemblies.
— We believe any changes to Government
and other staff following the creation of an elected regional
assembly should take place with the full consultation and negotiation
of staff and their trade union representatives.
— We welcome the requirement on assemblies
to be open and accountable bodies, subject to scrutiny.
— The proposal to give assemblies general
powers to help deliver sustainable development is important. The
duty placed on assemblies to promote equality of opportunity is
a significant step forward. Assemblies should be required to take
pro-active measures to deliver greater equality in their structures
and activities.
— The proposed powers of an assembly
reflect the process of regionalisation that has taken place within
Government and public policy since 1997.
— The Draft Bill is right to highlight
that stakeholders with large constituencies, such as trade unions,
should play a role in an assembly. However, the Draft Bill as
it stands suggests that assemblies will be free to form a relationship
with stakeholders as it sees appropriate. We believe assemblies
should engage with those stakeholders outlined in the Draft Bill,
including trade unions. Unions play a significant role in the
Scottish parliament and the Welsh Assembly.
TUC EVIDENCE TO
THE ODPM SELECT
COMMITTEE INQUIRY
ON THE
DRAFT REGIONAL
ASSEMBLIES BILL
1. The TUC represent the interests of nearly
seven million working people through 69 affiliated trade unions.
The TUC's mission is to be a high profile organisation which campaigns
successfully for trade union aims and values, assists trade unions
to increase membership and effectiveness, cuts out wasteful rivalry
and promotes trade union solidarity.
2. We support the Government's approach
to tackling disparities between the UK's nations and regions by
devolving greater decision-making power, responsibility and resources
to the regional level. However, such decentralisation raises important
questions over the democratic accountability, oversight and scrutiny
of agencies and bodies charged with delivering the governance
of regional development. It also raises issues about the staffing
arrangements for new and existing bodies within the region or
regions concerned.
3. TUC policy on elected regional government
was agreed at the 2001 Congress. Delegates supported a composite
motion calling on the Government to bring forward legislation
to introduce elected regional government as a means of tackling
the growing democratic deficit at the regional level, and reversing
public disengagement from the political process.[37]
In May 2002, we welcomed the publication of the White Paper on
Regional Governance,[38]
and the proposals to create elected regional assemblies in regions
where there was sufficient demand for such bodies. The Draft Regional
Assemblies Bill[39]brings
further clarity to the debate surrounding the functions and responsibilities
of elected regional assemblies. The public should have access
to clear and accessible information setting out the proposed arrangements
for reforming the governance of the English regions.
4. The Government indicates that further
powers could be devolved to assemblies in time, suggesting that
the Government is open to persuasion that additional aspects of
public policy could be delivered more effectively at the regional
level in the future.
5. In our written evidence to the Select
Committee we make some general comments before reflecting on the
specific responsibilities and powers envisaged in the Draft Bill.
6. We welcome the publication of the Draft
Regional Assemblies Bill. Since the White Paper, there has been
speculation about the proposed powers and functions of elected
regional assemblies. The Draft Bill addresses some of the ambiguity
surrounding the debate on how a democratic regional institution
could add value to delivering more sustainable, equitable and
balanced regional economic development. In addition, the Draft
Bill re-emphasises the importance attached to democratising the
existing tier of regional governance, and providing new space
for non-party political and more pluralistic contributions within
an emergent regional polity. An elected regional assembly will
be judged on whether it heralds a new style of politics. The new
body may emerge at a time when there is widespread dissatisfaction
among the general public at the traditional party political system.
Regional assemblies will have to offer innovative mechanisms for
re-connecting with the wider population. The requirements on assemblies
to be open and accountable bodies, subject to scrutiny through
an annual state of the region report, will deliver greater accessibility
and transparency. While it is important that the Government issues
guidance to assemblies, we would also encourage assemblies to
be innovative and adopt new practices, some of which might reflect
the best aspects of UK territorial politics.
7. In terms of staffing, transfers and transitional
arrangements, any transfer of staff following the creation of
an elected regional assembly should be undertaken in full consultation
and negotiation with staff and their trade union representatives.
The establishment of an assembly will present a major challenge
for civil service and other employees. Placing their interests
at the heart of any restructuring is more likely to facilitate
the successful transition to an elected regional assembly. There
has to be consideration for the impact upon staff who transfer
to newly created bodies, as well the workload implications for
those staff who remain in existing bodies.
8. We welcome the commitment to give assemblies
general powers to promote the economic, social and environmental
well-being of the region. Assemblies will have wide-ranging powers
to take such action they consider likely to further to achieve
their general purposes.
9. Assemblies should champion equality of
opportunity in the region, and lead by example. We are pleased
that the Government has recognised the success of the equalities
duties placed on the Welsh Assembly Government and the Mayor of
London and Greater London Authority, and proposes to introduce
similar measures for elected regional assemblies. The "legal"
duty in Wales has made groundbreaking strides in ensuring that
equality of opportunity is addressed in a systematic and integrated
fashion.[40]
For example, in Wales:
— The Assembly has undertaken a comprehensive
examination of its policies and practices to assess whether they
cause disadvantage to some groups.
— Equality reforms have been initiated
that would either not have taken place, or would have taken much
longer to implement.
— Resistance or obstruction to the
promotion of equality of opportunity has been overcome.
— The Assembly is playing a key role
in promoting equality and monitoring progress in the public sector.
10. The success of the model in Wales is
due to the duty placed on the Welsh Assembly Government to undertake
pro-active measures to deliver equality of opportunity in all
its structures and activities. We believe that assemblies, in
their annual report, should spell out the innovative steps they
have taken to promote greater equality. An assembly committee,
comprised of elected members and regional stakeholders, could
monitor the progress made by an assembly executive. There is also
scope for exploring the potential relationship between an assembly
and the regional arm of the proposed Commission for Equality and
Human Rights (CEHR).[41]
11. The Draft Bill recognises that an assembly
could play a powerful political leadership role in sustainable
development. We welcome the duty on an assembly to develop a scheme
setting out how it intends to contribute to the achievement of
sustainable development.
12. A major responsibility of elected regional
assemblies will be to set policy determining regional economic
development. The TUC has been at the forefront of calling for
the RDAs to be given additional resources, responsibility and
flexibility (eg we welcome the measures announced in the 2004
Spending Review, which will see the RDAs assume new powers over
rural development and Business Links).
13. We note the intention to increase the
number of local LSC Board Members appointed by an elected assembly—from
the two members to five. This is a welcome step, and should help
to integrate further the work of an assembly and the LSC.
14. A robust skills policy lies at the heart
of modern regional economic development. The regional skills landscape
has altered significantly since the White Paper was published.
When plans for the RDAs were first muted, the TUC called for the
agencies to be given responsibility for producing adult skills
strategies.[42]
However, the RDAs failed to gain direct control of learning and
skills in the regions. The Government has since sought to integrate,
where appropriate, the strategies and activities of the RDAs and
the Learning and Skills Councils (LSCs). However, the TUC identified
an uneven state of skills and learning delivery in the regions,
and called for greater clarity to be brought to the clutter of
initiatives, programmes and agencies delivering the skills agenda.[43]
The Better Regulation Taskforce had also criticised the institutional
arrangements for regional economic development as confusing.[44]
15. The TUC welcomes the steps taken to
address the complexity surrounding regional skills by regionalising
the planning and delivery of adult learning and skills under the
guise of "New Localism". The Government introduced pilots
pooling adult skills and business support budgets in a number
of regions. The Government has also listened to proposals for
greater regional flexibility by the three northern RDAs, which
are developing a joint programme under the auspices of the "Northern
Way".
16. The 2003 Skills Strategy builds on earlier
pilots by introducing new Regional Skills Partnerships. The TUC
is playing an active role in the National Skills Alliance and
Regional TUCs have been influential agents in the Framework for
Regional Employment and Skills Action (FRESA) and are now working
closely with the Regional Skills Partnerships. The new regional
partnerships should achieve an effective balance between the supply
and demand sides of the adult skills spectrum. Raising the demand
for learning is crucial to tackling skills deficits at national
and regional levels, and requires "buy-in" from both
employers and individuals, whose interests should be represented
on the Regional Skills Partnerships.
17. The new Regional Skills Partnerships
need time to bed down. The RDAs are taking a lead role in developing
the Partnerships. The proposal that elected assemblies would lead
on the working of the Regional Skills Partnerships is a logical
step, as RDAs will become accountable to assemblies. The Partnerships
need sufficient resources and autonomy to deliver on regional
skills priorities. The LSC and Department for Work and Pensions
(DWP) provide the bulk of financial support. The Draft Bill states
that the Government expects the LSC Regional Director to deploy
the LSC adult skills budget in support of the Regional Skills
Partnership priorities. We believe there is scope for the relationship
between an assembly, RDA and LSC and other partners to be developed
further:
The Government agrees that there needs to be
a much closer link between the LSC and RDAs. It will support any
region that develops their own mutually acceptable arrangements,
in line with the concordat principles, to enable the supply of
skills, training and workforce development for adults to be better
matched to the needs of the region, within the framework of national
targets and priorities set for the LSC and RDAs. The Government
will consider favourably proposals for further integration of
planning and funding of adult skills and workforce development
at the regional level.[45]
18. Transport cannot be divorced from the
planning, housing and economic development agendas.[46]
Effective, integrated and affordable transport networks are vital
to delivering genuine sustainable development. The task of delivering
the transport agenda is impossibly complex and voluminous to handle
solely at the national level.[47]
National criteria for transport investment is based on tackling
congestion, an important priority in the South East, but less
so in regions such as the North East. This militates against directing
investment towards schemes more attuned to the needs of differing
regions. This obstacle has been noted by the Treasury in its response
to statements submitted by the regions in advance of the 2004
Spending Review:
Several regions commented that the Department
for Transport PSA1 (congestion) should be modified to recognise
the differing impact of congestion in different regions.[48]
19. Whilst some aspects of devolving powers
are welcome, there needs to be a note of caution. It is important
that funding decisions are based on robust evidence and on the
right balance locally between forms of public transport. We would
want to avoid the danger of fragmentation of rail services and
of their permanent removal on cost grounds.
20. In the aftermath of the Devolving Decision
Making Review, the Government has begun to recognise the significance
of delivering greater decentralisation of transport responsibility
to regional and local levels. In some regions pilot Regional Advisory
Transport Boards have been established to evaluate how spending
priorities can fit with the needs of individual regions. In the
recent Department for Transport (DfT) White Paper, the Government
indicated that:
We will improve the current arrangements for
making decisions on transport. Central to this will be giving
regional and local bodies more influence to ensure that transport
services can be tailored to local needs and preferences. Currently
their influence is largely limited to investments by local authorities.
This will be progressively extended, initially to regional priorities
for some strategic road schemes, and potentially to decisions
on regional railways.[49]
21. We welcome the proposal that elected
regional assemblies should work closely with regional stakeholders.
We have suggested that the proposals to introduce regional assemblies
should not diminish from the existing influence and engagement
of regional stakeholders. Stakeholders have made valuable contributions
to shaping and delivering regional strategies, and they should
have an enhanced role in the new regional structures that goes
beyond mere consultation. We believe stakeholders should play
a role in the development, implementation and scrutiny of policy,
and we welcome the indications that stakeholders would undertake
such functions.
22. The Draft Bill proposes that an assembly
must make arrangements to encourage and facilitate the participation
of persons and organisations, including "representatives
of persons employed in the region". We believe the Government
is right to highlight certain stakeholders with large constituencies,
such as trade unions. In fact, we have called for this right to
be enshrined in statute similar to provisions laid down in the
Government of Wales Act 1998. The Government has been anxious
not to be seen as too prescriptive, inviting comments and views
on how it should proceed in this area. We appreciate the challenge
of striking an appropriate balance between national regulation
and regional devolution. The Draft Bill suggests that assemblies
themselves will determine when it is appropriate to engage with
stakeholders. A much firmer commitment is needed that assemblies
will have to engage with "assembly participants". The
precise mechanism for delivering such engagement could be left
to the assemblies themselves, but we would be concerned if assemblies
could pick and choose which stakeholders to form a relationship
with. The proposed statutory guidance about assemblies' duties
on stakeholder engagement may fill some of the gaps in this area.
We look forward to commenting on the text in due course.
23. Capacity building amongst stakeholders
will be crucial. An assembly should set aside a specific resource
to develop the capacity of stakeholders. Individuals who play
a role within the assembly should also have a right to paid time
off for public duties. If we are to encourage new ideas, interests
and participants, then the process of stakeholder engagement should
not be left simply to a professional service class.
37 TUC (2001) Congress Decisions 2001, London,
Trades Union Congress. Back
38
Cabinet Office/DTLR (2002) Your Region, Your Choice, Norwich,
The Stationery Office. Back
39
ODPM (2004) Draft Regional Assemblies Bill, Norwich, The
Stationery Office. Back
40
Chaney P and Fevre, R (2002) An Absolute Duty: Equal Opportunities
and the National Assembly for Wales, Cardiff, Institute of
Welsh Affairs. Back
41
DTI (2004) Fairness for All: A New Commission for Equality
and Human Rights, Norwich, The Stationery Office. Back
42
TUC (1997) Regional Development Agencies: TUC Submission,
London, Trades Union Congress. Back
43
TUC (2002) Half the World Away, London, Trades Union Congress. Back
44
Better Regulation TaskForce (2002) Local Delivery of Central
Policy. Back
45
HM Treasury (2004) 2004 Spending Review: Meeting Regional Priorities:
Response to the Regional Emphasis Documents, London, HM Treasury
(paragraph 4.34). Back
46
Humphrey, L, Pike, A and Pinkney, E (2004) Making a Difference?
A Policy Assessment of Elected Regional Assemblies in the English
Regions, CURDS/Regional Studies Association. Back
47
Adams, J and Tomaney, J (2002) Restoring the Balance: Strengthening
the Government's Proposals for Elected Regional Assemblies,
London, IPPR. Back
48
HM Treasury (2004) 2004 Spending Review: Meeting Regional Priorities:
Response to the Regional Emphasis Documents, London, HM Treasury
(paragraph 4.24). Back
49
DfT (2004) The Future of Transport, Norwich, Department
for Transport (paragraph 9.4).
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