Select Committee on Communities and Local Government Committee Seventh Report


1  Introduction

1. Sir Michael Lyons's report on local government envisaged local authorities as 'strategic place-shapers',—building and shaping local identity and cohesiveness and fostering economic development as well as providing services and regulating behaviour—but he identified a number of factors which he considered constrain their capacity to perform this role fully.[1] Chief among these are:

  • the high degree of control exercised by central government, driven by sophisticated performance management, a burdensome weight of targets and indicators, and an increasing tendency on the part of central government to take responsibility directly for specific issues;
  • little local flexibility over the deployment of existing resources, compounded by a tendency for an increasing proportion of local government revenue to come from central government as ring-fenced grants or monies otherwise tied to specific purposes, and
  • limited capacity to raise additional revenue locally.

2. We share these views on the constraints limiting local government's effectiveness. We welcome Sir Michael's report and the emphasis it places on rebalancing financial arrangements as part of the mix of progressive reforms required to renew and empower local government, enabling it to engage more fully with local communities, including businesses, and better to reflect and shape localities.

Local government finance: the status quo

3. Local authorities derive income to fund their activities from four main sources:

The contribution made by central Government to local government is in the form of 'formula grant' and other grants that may or may not be tied to specific purposes. Formula grant is made up of three elements—NNDR income, revenue support grant (RSG) and police grant. Collectively formula grant and specific grants are termed Aggregate External Finance (AEF). In addition to AEF, central Government makes other special grant payments to local authorities, usually referred to as special grants outside AEF, some of which are related to mandatory payments such as rent allowance payments. Others may be targeted but without restrictions. In 2006-07, central government financed 76 per cent of local government's gross revenue expenditure.[2]

4. Since the mid-1970s the RSG has been what is usually known as an 'equalising grant'. This means that it has been distributed between local authorities in such a way as to take account of differences in their spending needs, as assessed by central government, and their ability to raise money from local tax. In theory, if each local authority were to spend at the level assessed by central government each local authority of the same type—e.g. all district councils—would be able to set the same rate of council tax. Although local authorities and others have often questioned the reliability of successive governments' methodology for measuring spending need, there has been broad agreement over the merits of having an equalising grant system.

5. Currently householders' liability for local taxation is based upon the broad capital value of their property while businesses' liability depends on the rental, or rateable, value of the premises they occupy. Although the tradition of property taxation in Britain dates back several centuries, local authorities' powers to levy local taxes largely date from the nineteenth century. Initially liability for a local 'rate' was aligned to the right to vote, a right that was itself often determined on the basis of property ownership or occupation. Thus both businesses and residents became ratepayers. Debate over the basis of local taxation, and aspects of its impact, has existed from the start. Politicians from across the political spectrum, from the nineteenth century Conservative Prime Minister Lord Salisbury to the radical thinker Sydney Webb to former Labour leader George Lansbury who, as Mayor of Poplar in 1921, led his local borough council in refusing to forward the tax revenue it had collected, have questioned the size of rate demands and the effect on individuals.

6. Local authority services have been subsidised from central sources for more than a hundred years. In the wake of the Second World War, local authorities played a significant role in the development of the welfare state, with services such as education, housing and social services being delivered, and paid for, at the local level. Although the support given to local authorities by central Government increased significantly to meet these new demands, local rates increased in real terms. In the 1960s, the 'domestic element', a small subsidy from central Government, was introduced to reduce the rate of increase in householders' bills relative to other ratepayers but this did not compensate fully for the combined effects of the high inflation in the early 1970s and the costs involved in the provision of an increasing range of local services. Local taxation was consequently forced up to levels far higher than previously. In 1974, the average annual increase in local rates for all ratepayers—businesses and householders alike—exceeded 30 per cent.[3]

7. Such huge rate rises provoked widespread dissatisfaction and, in response, the Government appointed (later Sir) Frank Layfield QC to lead the first of what was to become many modern inquiries into local government finance. Reporting in 1976, the Layfield Committee put forward two models for future funding. The first effectively put central Government in control of local government finance. The second option, favoured by a majority of the Committee, envisaged much greater local autonomy and the introduction of a new source of local revenue. In the event, neither proposal was implemented and no reform of local taxation took place.

8. The post-1979 Conservative Government contemplated significant reform, publishing a Green Paper in 1981, which considered a range of alternatives to the domestic rates, including a local income tax, local sales taxes and a poll tax. Again, no reform followed. A further Green Paper in 1986 revived the idea of a poll tax, now termed 'community charge'. The latter replaced domestic rates in Scotland in 1989 and in England and Wales a year later. At the same time direct central control over the revenue raised from business was imposed and the NNDR became a nationally determined 'assigned revenue'. The community charge proved unworkable and short-lived: in 1991, the Government reduced liability by £140 per head and simultaneously increased the rate of Value Added Tax from 15 to 17.5 per cent to compensate. A further review of local government revenue resulted in the replacement of the community charge with council tax two years later. The NNDR remains in place.

9. In January 2003 a further review of local government finance was launched by the then Local Government Minister Rt hon. Nick Raynsford MP, this time focusing on balance of funding issues specifically. It reported in July 2004. Shortly beforehand our own predecessor committee had reported on Local Government Revenue, calling for a re-localisation of the business rate and a severing of the link between increases in the business rate and the Retail Price Index (RPI).[4] At the same time, the Government asked Sir Michael Lyons, Director of the Institute of Local Government and Professor of Public Policy at the University Birmingham and a former chief executive of three major local authorities, to undertake an independent review of local government finance. His remit and timescale were extended in 2005 to include the role and function of local government. Sir Michael's final report, Place-shaping: a shared ambition for the future of local government, was published alongside the Budget in March 2007.

10. Like Sir Michael, we have found that many are under the misapprehension that before 1990 local authorities were free to reduce the burden of taxation on residents at the expense of business ratepayers. This was never the case. Before the abolition of the domestic rate and the 'nationalisation' of the business rate in 1990, businesses and householders in principle paid the same local tax at a rate set by the local authority. Indeed, as Sir Michael Lyons notes, "business and domestic rates were actually aspects of the same tax."[5] In practice the 'domestic element' reduced the tax rate for householders by 18p in the pound.

11. Following the 1990 transfer of the non-domestic rate to central government and £140 reduction in the community charge in 1991, the proportion of local authority resources raised from local taxation fell to 20 per cent. Although this has since increased slightly there is still a significant gearing problem for local authorities: each one per cent increase in expenditure leads to a council tax increase of some four to five per cent. Over time successive Governments have encouraged local authority expenditure to rise more steeply than the central funding supporting that expenditure, meaning that the revenue required from council tax, that is from householders, has risen far more sharply than spending. At the same time increases to the NNDR have been capped by a statutory linkage to the RPI, so the contribution made by business has remained constant in real terms even though it has declined as a proportion of overall local authority revenue.

12. The business rate is chargeable on all non-domestic properties barring certain reliefs and a total exemption for agricultural land or buildings dating from 1929. Although collected by local government (district authorities in two-tier areas), a uniform national rate is determined by central Government. Between 1990-91 and 2006-07, business rate receipts were paid into a national pool and redistributed by central Government to local authorities as a flat-rate grant according to the number of people resident in an area and, from the introduction of council tax in 1993, also taking into account the range of functions undertaken by the local authority (different arrangements apply in the City of London).

13. In 2006-07 the Government made a number of changes to the grant distribution arrangements including removing schools funding from the RSG and introducing a new, ring-fenced Dedicated Schools Grant (DSG), new needs formulae and a new block grant distribution mechanism. Most of the funding for the DSG came from the RSG. The amount remaining for distribution fell from £26.7 billion in 2005-06 to just £3.4 billion for 2006-07, increasing the proportion of central government funding for local authorities which is ring-fenced for specific purposes or targeted from five per cent to 53 per cent (54 per cent in 2007-08).[6] Having taken this decision, the Government was forced to use income from the NNDR to equalise between local authorities in terms of needs and resources purposes as there was insufficient RSG remaining within the formula grant pot. Indeed NNDR income has become essential to the equalisation process. Another consequence of ring-fencing schools funding is that the gearing ratio has been changed.

Our inquiry

14. Reforming the way in which local government is funded is an urgent necessity if local authorities are to continue to fulfil their duties to local residents, to take on the place-shaping role set out by Sir Michael Lyons and to exploit fully, to the benefit of the communities they serve, the devolutionary approach set out by the Government in the local government White Paper, Stronger and Prosperous Communities.[7] Current funding arrangements, dominated by the will of central government, inhibit such aspirations. We are conscious that, despite the sterling work done in the series of reviews which have taken place over the last 30 or so years, little has been done to affect strategic, as opposed to reactive, reform of local government finance in the round. Wishing to avoid any possibility of causing a further delay in Government action, we have conducted a short and pointed inquiry into Sir Michael's most significant proposal relating to local government finance—the suggestion that local authorities be given the power to raise a local supplement to the NNDR. We have also examined concurrently and on a similar timescale proposals to alleviate problems within the council tax benefit system. A separate report is in preparation. The urgency with which we have undertaken this work signifies the importance we attach to these matters and our belief that persistent procrastination by successive Governments over devolutionary reform, demonstrated by the long history from Layfield onwards of ineffectual reviews never fully implemented, is damaging both to communities and to local government and is contrary to the principles of fair and good governance. We started our inquiry in May 2007, just 11 weeks ago.

15. We have built upon, rather than duplicated, the work undertaken by those who have examined local government finance over the years. In this respect we owe a debt of gratitude not only to Sir Michael Lyons and his team for their expertise, for their interesting proposals, and for their willingness to share the fruits of their labour with us, but also to those who contributed to earlier reviews. We are particularly grateful to those individuals and organisations who contributed to our inquiry directly through written submissions or by answering our questions in person. We would also like to extend our thanks to our specialist advisers for this inquiry, Rita Hale OBE, former Director of Rita Hale & Associates Ltd and a local government finance consultant, and Professor Tony Travers, Director of the Greater London Group at the London School of Economics, for their guidance, insight, and willingness to work to our demanding schedule.

16. We regret that, despite the series of reviews of local government finance that have taken place over the last 30 years, from the Layfield Committee onwards, there has under successive Governments been little change designed to create a funding system that supports and enables local authorities to fulfil their role as 'strategic place-shapers'. We agree with Sir Michael Lyons that reforming local government finance is a key component in empowering local authorities. There is no excuse for the Government to squander the opportunity to develop an agenda for change alongside its response to the Lyons report, its implementation of the 2006 Local Government White Paper and reforms contemplated in the recent Green Paper, Governance of Britain.


1   Sir Michael Lyons, The Lyons Inquiry, Place-shaping: a shared ambition for the future of local government (hereafter 'Lyons report'), March 2007, executive summary, paras 22-9 Back

2   House of Commons Library Standard Note, Local Government Finance Settlement 2007-08, January 2007, page 4 Back

3   ODPM: Housing, Planning, Local Government and the Regions Committee, Ninth Report of Session 2003-04, Local Government Revenue, HC 402-I, para 3 Back

4   ODPM Committee: Housing, Planning, Local Government and the Regions Committee, Ninth report of Session 2003-04, on Local Government Revenue, HC 402-I, paras 155-160 Back

5   Lyons report, para 8.6 Back

6   House of Commons Standard Note: Local Government Finance Settlement 2007-08, January 2007, p. 3 Back

7   Department for Communities and Local Government, Stronger and Prosperous Communities, October 2006, Cm 6939 Back


 
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Prepared 7 August 2007