APPENDIX
NOTTINGHAMSHIRE COUNTY COUNCIL CROSS SERVICE
AND EXTERNAL AFFAIRS SELECT COMMITTEE STUDY OF REGIONAL GOVERNMENT—2005
INTRODUCTION
1. In July 2004 Nottinghamshire County Council's
Cross Service and External Affairs Select Committee agreed
to develop an evidence-based scrutiny study of Regional Government;
the scope of the project was to examine the work of the key East
Midlands regional agencies, their current links with Nottinghamshire
County Council and partners, including impact on partnership working,
potential future developments, and including developments around
Regional Government elsewhere in the country. An objective of
the study was to gather evidence to inform opinion, should a referendum
on an elected Regional Assembly be carried out in the East Midlands
region.
METHODOLOGY FOR
THE STUDY
2. The methodology for carrying out this
study was to request and commission presentations to Cross Service
and External Affairs Select Committee meetings by a number of
representatives from key regional agencies. The presentations
were then followed by discussion and questions from Members; on
several occasions an invitation to attend the presentations was
extended to all Members of the County Council in order to help
facilitate the widest possible debate on the issues raised. A
smaller Study Group of members also met separately to plan the
direction of the study and to distil the main points arising from
the evidence into conclusions and recommendations for the Committee's
consideration. Study Group members also attended a Debate on the
Future of Local Government, which followed the East Midlands Regional
Local Government Association General meeting on 29 November 2004,
and reported back the main issues to the full Select Committee.
3. The key messages arising from this study
are shown as conclusions and the points recommended for further
action, either for Council Cabinet or other agencies, are listed
as recommendations.
4. The study's conclusions and recommendations
were then sent to Nottinghamshire County Council's Cabinet on
27 April 2005. As the Cross Service and External Affairs Select
Committee no longer exists, and corporate and strategic issues
are now dealt with by the Corporate Strategy and External Affairs
Select Committee, the Leader of the Council gave a response to
each of the recommendations to this Select Committee on 4 January
2006. At its meeting on 9 November 2005 the County Council Cabinet
had considered and accepted the Leader's response to the recommendations.
Conclusions from Nottinghamshire County Council's
Cross Service and External Affairs Select Committee's study of
Regional Government
5. The Select Committee considers that the
issue of democratic accountability is currently lacking in Regional
structures; there is a clear democratic deficit in the structures.
Decision making on key issues should be clearly defined, transparent,
democratically accountable, and located at the most appropriate
level of Government. However Members do not recommend going down
the route of having an elected Regional Assembly as a means of
addressing this issue. Members also wish to continue to work with
existing structures whilst they remain, as our prime duty is to
Nottinghamshire residents.
6. Members also consider that the current
structures are unwieldy, and that there is the potential for duplication
and overlap between the work of different regional agencies. However
Members do believe that these structures are capable of reform
assuming we are to retain a regional dimension to our responsibilities
as a Local Authority.
7. During this study Members have learnt
that it is vitally important for the East Midlands Regional Local
Government Association to reflect the views of local Councils.
Therefore it is important to ensure proper arrangements for reporting
back to the County Council the details of business conducted at
the East Midlands Regional Local Government Association and the
East Midlands Regional Assembly and ensuring that the County Council
is fully included in influencing the work of these bodies.
8. Members have learnt about the current
arrangements between the EMRLGA and Assembly; that the East Midlands
Regional Local Government Association currently retains financial
responsibility for Assembly staff as the Assembly does not have
its own legal identity at the moment. Members believe that these
arrangements are unsatisfactory, and are concerned that in the
future the EMRA could become a financial liability to the EMRLGA
or, through this body, to local Councils. The study has investigated
arrangements between Regional Local Government Associations and
Regional Assemblies in other parts of the country.
9. Members note the result of the referendum
in the North East and that there are currently no plans for referendums
elsewhere in the country. Members had been seriously concerned
that an elected Regional Assembly of only 25-35 Members could
not have adequately represented an entire region. However Members
also note that the Government is committed to decentralising power
and strengthening the regions. The Assemblies have a key influence
on issues such as housing, planning, and transportation. For example,
they review and develop RPG8 including the regional transport
strategy and the regional spatial strategy. They have a scrutiny
role, for example in areas of economic development, and skills
and training. New developments are also proposed such as Regional
Skills Partnerships and bringing Regional Housing Board activities
under the Regional Assembly. Members are concerned about these
proposed new /greater powers for Regional Assemblies, such as
the proposals that Regional Housing Boards should be brought within
the Regional Assemblies. Members would not wish to see any strengthening
of existing Assemblies' powers.
10. Members have learnt that the current
Assembly has two thirds local government membership. In light
of the fact that the regional responsibilities undertaken by Assemblies
are set to continue, Members consider that the key roles undertaken
by the Assembly should be undertaken by the East Midlands Regional
Local Government Association, which is totally made up of democratically
accountable elected members from across the region. The key role
of scrutinising the Regional Development Agencies should also
be undertaken by elected Members. While other regional stakeholders
on the current Assembly should be involved in discussions, voting
members on these issues should be local government Members.
11. Members have learnt about the role of
the current regional agencies and how they are intended to examine
issues that the Government feels cannot be solved within the boundary
of one authority. However Members consider that there should be
a legal duty on local authorities to consult their neighbours
on matters of clear mutual interest, including strategic planning
issues. This should also include consulting neighbouring authorities
who do not fall within the same "rigid" regional boundaries.
To give an example; in a separate study carried out by this Select
Committee's into the impact of Robin Hood Airport Doncaster Sheffield
on Nottinghamshire, this would have involved statutory consultation
by an Authority in the Yorkshire region with Nottinghamshire in
the East Midlands Region.[44]
12. Members consider that the discussions
at the East Midlands Regional Local Government Association debate
on the Future of Local Government, which some Study Group Members
attended on 29th November 2004 raised interesting points about
the future of local government and the need for democratic accountability;
for example that "Trust should be two-way. The current relationship
with central government is excessively controlling. Regional structures
too should be reviewed, to enhance local accountability".
Conclusions from Nottinghamshire County Council's
Cross Service and External Affairs Select Committee's study of
Regional Government
The Select Committee made the following recommendations
to Nottinghamshire County Council Cabinet from this study of Regional
Government:
| 1. | Members recommend that existing regional structures are reformed as there is a clear democratic deficit. However Members do not recommend that we go down the route of an elected Assembly as a method of addressing this issue.
Response of the Leader of Nottinghamshire County Council
|
It is accepted that there is a democratic deficit in regional
structures, which is a matter for concern. The position of the
national Local Government Association has been that changes to
regional structures should address the democratic deficit and
that they should involve a devolution of power from Westminster
rather than a "drawing up" of powers from local government.
Following the referendum result in the North East, the Government
has made clear that elected regional assemblies will not be taken
forward in this Parliament and there can be no further referendum
in the North East for at least 7 years from the date of the referendum
in 2004. The Government has also emphasised that the decision
whether to have elected regional government rests with the people
in each region.
2. | Members recommend that we do continue to work with existing structures while they remain, as we have a prime duty to the residents of Nottinghamshire. Members recommend that the County Council carries out a study of relationships between the County Council, and District, Town, and Parish Councils. Members also recommend that the County Council carries out a detailed examination of the mainland European dimension where we believe that there are examples of genuine decentralisation and devolution of decision making.
Response of the Leader of Nottinghamshire County Council
|
The principle of engaging with regional structures where
this benefits the County Council and the residents of Nottinghamshire
is supported.
The Corporate Strategy and External Affairs Select Committee
is currently undertaking a study into relationships between the
County Council and other councils in Nottinghamshire, so this
particular recommendation is being taken forward.
It is not felt that undertaking a study of the European dimension
would be a good use of the County Council's resources. This might
be the type of study that could be undertaken by Government or
by other regional organisations. If the Select Committee is keen
on exploring this issue further, then this could be a matter for
further work by the Committee.
The need to have effective reporting procedures of business
conducted at the East Midlands Regional Assembly and East Midlands
Regional Local Government Association is supported and it is proposed
that this is explored further through the normal channels.
| 3. | Members recommend that in the interests of democratic accountability the Regional Local Government Association and the current Assembly should be one body, and only that "Elected" members nominated by their respective Local Authorities should have votes in that Forum. Other stakeholders should be involved in discussions but should be non-voting.
Response of the Leader of Nottinghamshire County Council
|
| |
This recommendation also relates to Recommendation 1 about
the democratic deficit at the regional level.
The structure of the Assembly with stakeholders taking about
30% of the membership stems from Government advice and as a result
all the regional assemblies are similar in this respect.
With regard to the financial and legal relationship between
EMRLGA and the Assembly, the latest position is understood to
be that the option of the Assembly becoming a limited company
in its own right has not proved possible and discussions are now
taking place between the Chairs/ Chief Executives of the two organisations
on the best way forward.
| 4. | Members recommend that the relationship between Government Office East Midlands and the Regional Development Agency with this Forum should be further examined so that responsibilities and roles are clear and that there is no potential for duplication. The Select Committee has no difficulty in recommending working with other organisations which have a specific remit, but would also wish to ensure that their role is advisory rather than prescriptive when they deal with democratically accountable Local Authorities.
Response of the Leader of Nottinghamshire County Council
|
| |
There is support for the principle that duplication should
be avoided and that the aim of regional organisations should be
to add value to the work being carried out by local government
and sub-regional partnerships rather than take on responsibilities
better provided by local government and sub-regional partnerships.
At the same time, it has to be accepted that the regional
organisations quoted all have specific statutory and advisory
roles to undertake laid down by Government.
| 5. | Members note there are some occasions when it is legally required for local authorities to consult with neighbouring councils and other public bodies, on certain planning matters for example. Members further note that there are occasions when it would significantly contribute to good decision-making to consult with relevant neighbouring councils and other public bodies even though there is no legal duty to do so. It is therefore recommended that the County Council's Consultation Strategy should include a clear commitment that in any decision-making process, the decision maker should undertake, where relevant, consultation with neighbouring councils and other public bodies as part of best practice to ensure that informed high quality decisions are taken. The County Council's Cabinet would need to lobby the Local Government Association and Government if it wanted to campaign for additional statutory consultation legislation. Committee Members recommend that Cabinet carries out such lobbying for this necessary additional statutory consultation legislation.
Response of the Leader of Nottinghamshire County Council
|
| |
It is understood from the Select Committee's conclusions
that this in part arises from a specific example involving Doncaster
unitary authority and the development of the Robin Hood Airport.
There is support for the principle that regional boundaries
should not restrict consultation between neighbouring authorities.
With regard to statutory consultations, such as involving planning
applications, the presence of regional boundaries should not give
rise to problems. However, the concern from the Select Committee
seems to arise from non-statutory consultations and if this has
been causing problems there would be support for taking the matter
further with the appropriate authorities.
The Council will be considering the adoption of a public
engagement policy which will set out the principles for consultation
with all stakeholders, including neighbouring councils and other
public bodies.
44
One example of the need for cross- border co-operation was raised
at the 26 January 2005 meeting of the Select Committee, and is
provided as only one illustrative example. The Select Committee
received a report on Robin Hood Airport Doncaster Sheffield; the
Committee is studying the impact of this new airport on Nottinghamshire,
as well as carrying out its study of Regional Government. The
Committee learnt the following; at the planning stage for the
airport it was anticipated that funding would be built in to the
airport's business plan to support public transport. Indeed, at
the public inquiry Nottinghamshire County Council identified the
need for regular hourly bus services from both Retford and Worksop
to be paid for by section 106 contributions from the developer
(Peel). Unfortunately, although section 106 funding was made available
for public transport by the developer as part of the planning
approval, the determining authority Doncaster MBC allocated this
exclusively to services within their area, and none to provide
transport links to Nottinghamshire. This was not a decision over
which Nottinghamshire County Council had any influence. Back
| 
