Supplementary memorandum by Department
for Communities and Local Government (BOP 53A)
CLG SELECT COMMITTEE—RESPONSE
TO QUERIES
When I met the Committee on 12 January,
I undertook to provide you with further information on various
issues. My detailed response on these matters is below.
In relation to the questions on the numbers
of senior staff in CLG and the Government Offices with local authority
experience, raised by Dr John Pugh:
Q625: Can you give us any kind of figures
or data that indicate the number of top civil servants in your
own department that will have local authority experience? Have
you any idea what percentage of them would have either worked
for a local authority or been on a local authority?
Q626: Could you couple that with a note on
the number of heads of government offices in the various regions
that have had direct experience of local government?
We have surveyed our senior leadership team
on these points. The survey shows that around a quarter of Senior
Civil Service staff in the Department have previously worked in
a local authority. The proportion for senior Government Office
staff is one third. The survey also shows that, of those who responded,
none had served as an elected member on a local authority.
The Chair also asked about the origins of pooled
money:
Q634: Can I just ask about the money in relation
to local area agreements? Where money is being pooled does your
department have information on how much of that money is coming
from local government and how much from the other partners? If
you do not have it now can we have it later?
Q635: The perception is that it is largely
local government money that is put in and not much else
All local government funding, except ring-fenced
grants whose conditions restrict them for doing so, is available
for pooling. This includes formula grant (RSG/business rates),
Area Based Grant, specific un-ringfenced grants, and specific
ring-fenced grants whose purposes make pooling possible. It also
includes councils' own resources, whether from council tax, fees
and charges, or other income. It is a matter for each individual
council to decide how much to pool, and we do not collect information
on that. There is also no requirement for us to collect this data
from other partners.
You may also be interested to know that we are
reducing the overall amount of ring-fenced funding (excluding
schools) as a proportion of Government grant over the three year
period from 11.2% in 2008-09 to 8.0% in 2010-11.
In response to the points made by Andrew George
and the Chair on the European Charter for Local Self Government:
Q663: The Council of European Municipalities
and Regions and others also in their evidence have suggested that
we are not compliant with Articles 2, 4, 8 and 9. Would it
be possible for you to perhaps provide a note to us to demonstrate
the extent to which the Government is compliant with those articles
in particular?
In ratifying the Charter in 1997, the Government
satisfied itself and Parliament that existing domestic legislation
and policies for local government were already wholly compatible
with the Charter. A copy of the Command Paper which was laid before
Parliament at the time of ratification is attached.
Except as prescribed by legislation, local authorities
in England are independent and not accountable to central government.
Hence they are able to determine their own administrative structures,
recruit competent staff, raise local taxation etc.
ARTICLE 2 OF
THE CHARTER:
CONSTITUTIONAL AND
LEGAL FOUNDATION
FOR LOCAL
SELF-GOVERNMENT
This article provides that the principle of
local self-government should be enshrined in written law or that
it should be recognised in the constitution "where practicable".
In the UK the principle of local self-government is recognised
in the whole corpus of domestic legislation including, particularly,
the Local Government Acts, that make provision for the powers
and procedures of local government which are entirely compatible
with the Charter. There is no need for taking the exceptional
step—as suggested by some—of giving this principle
specific constitutional recognition or providing a comprehensive
statement of the Charter's principles in an Act of Parliament.
ARTICLE 4: SCOPE
OF LOCAL
SELF-GOVERNMENT
This article lays down the general principles
on which the responsibilities of local authorities and the nature
of their powers should be based. It provides for powers and responsibilities
to be prescribed by statute—as is the case in the UK. It
further provides for authorities to have full discretion as to
how they exercise their powers "within the limits of the
law". In the UK this is certainly the case—local authorities
are independent and not accountable to central government. It
also articulates the general principle that the exercise of public
responsibilities should be decentralised, that the overlap of
responsibilities should be avoided, that authorities should be
allowed discretion in adapting the exercise of their powers to
local conditions and that they should be fully and openly consulted
on relevant matters—very much at the heart of the 2007 Central-Local
Concordat between the government and the LGA.
ARTICLE 8: ADMINISTRATIVE
SUPERVISION OF
LOCAL AUTHORITIES'
ACTIVITIES
This article deals with the supervision of local
authorities' activities by other levels of government and provides
for such supervision to be exercised according to statute—clearly
the case in the UK. It requires that supervision should normally
aim only at ensuring compliance with law, and that any intervention
shall be kept in proportion.
Whilst CLG retains the powers to intervene in
cases of significant and enduring under performance, the emphasis
in the first instance is on the sector to be given the opportunity
to address issues. Local government and partners have the prime
responsibility for managing performance within their local areas.
They will be supported by local government-led Regional Improvement
and Efficiency partnerships, made up of authorities, working with
partners, committed to working together to raise performance collectively.
Where performance issues are not being addressed
quickly or effectively, Government Offices will work with central
and local partners to provide challenge and broker appropriate
action. This may range from additional support from the sector
to consultancy support, inspection, or, ultimately, formal intervention
action. Any formal engagement needs to be proportionate, reflecting
local context and performance as well as where the most efficient
and effective sources for support are located. Increasingly this
will be at local or sector level.
Comprehensive Area Assessment (CAA) will be
introduced from 1 April 2009 as part of the new local
performance framework, replacing Comprehensive Performance Assessment
(CPA) and most other existing inspection programmes for local
authorities. CAA will be carried out jointly by the independent
local service inspectorates on behalf of Government and is designed
to focus on assessment rather than regular on-the-ground inspection.
Inspection will primarily be triggered by identified risk and
tailored to local circumstances, so that the inspectorates can
target their effort on those areas and services where inspection
can have the greatest impact or where the risk of failure is most
significant, thus reducing the administrative and overall impact
of inspection on local bodies which commission and deliver services.
Finally, the government's better regulation
policy aims to reduce burdens by simplifying existing regulatory
regimes, removing consent requirements etc and ensuring new policy
imposes the minimum new burden by following better regulation
principles.
ARTICLE 9: FINANCIAL
RESOURCES OF
LOCAL AUTHORITIES
The UK fully complies with Article 9 which
deals with financial freedoms and entitles local authorities "to
adequate financial resources of their own". Hence, the UK
recognises that authorities are free to decide how to use resources
"within the framework of their powers"; recognises authorities'
need for their own resources (decisions as to quantum are taken
in accordance with national economic policy); and, in England,
the Government's new burdens procedure requires that the net additional
cost of all new burdens placed on local authorities by central
government must be fully and properly funded.
Q666: We have a slight interact with our
signing the European Charter of Local Self-Government, for example,
because if you are saying that Parliament has untrammelled powers
would the signing of the European Charter of Local Self-Government
actually limit Parliament's powers to, should it wish, convert
us into a totally centralised state?
The European Charter of Local Self-Government
places obligations on States parties to the Charter. These
obligations are binding as a matter of international law. UK governments'
consistent policy is to comply with the UK's international obligations.
If Parliament legislated contrary to the provisions
of the Charter the UK would be in breach of its international
obligations. If the Government wished to propose legislation that
would result in breaching these obligations, it would either first
denounce the Charter under Article 17 or ensure the legislation
did not come into force until the Charter had been denounced.
If there were a prospect of Parliament passing
legislation which would contravene international law, the Government
would highlight fully to Parliament the consequences of such a
step and would take any necessary action to avoid the UK becoming
in breach of its international obligations.
Finally, I would like to take this opportunity
to emphasise the work my Department has done with Department of
Health to encourage greater partnership working between local
government and NHS organisations.
A significant part of this has been ensuring
that health structures and processes are properly aligned with
the local performance framework. The legislative framework for
Local Area Agreements (LAAs) places a duty on PCTs, NHS trusts
and NHS foundation trusts to cooperate with Local Authorities
(LAs) and other named statutory partners in determining the targets
for their LAA. Further, PCTs, NHS trusts and NHS foundation trusts
are required to have regard to the targets they agree during this
process. This joint working on target setting is reflected in
the fact that 3 of the top 10 indicators selected in
the largest number of LAAs are health related—teen age pregnancy,
smoking and obesity. For example, 70 percent of areas (106)
are aiming to lower teenage conception rates (the second biggest
priority in England).
This work is supported by the new assessment
and inspection regime, Comprehensive Area Assessment. This is
an integrated assessment of outcomes in a local area, including
how local partners work together to deliver on priorities for
local people.
Meanwhile, the NHS Operating Framework 2009-10 draws
specific attention to the importance of PCTs and Trusts working
with Local Authorities and other members of the Local Strategic
Partnership to develop their area's LAA. It also emphasises that
PCT plans should be aligned with Local Area Agreements. This is
facilitated by close alignment between the NHS Vital Signs, and
the National Indicator Set. Recent information from areas such
as North Somerset shows health organisations are working to embed
LAA targets into their PCT plans.
This system alignment has been matched by the
development of joint appointments and commissioning initiatives
between PCTs and LAs. Evaluation of the Local Government Procurement
Agenda suggests that 30% of local authorities are involved in
joint commissioning of health and social care, with 14% considering
it (although this could include other collaborations than just
with the PCT). One example of joint commissioning is North East
Lincolnshire Care Trust Plus. this is new organisation which commissions
all health and social care services within its area, in addition
to managing the staff who provide these services to local patients
and service users. It is responsible for a combined health and
social care budget of £270 million for the 170,000 residents
of the Immingham, Grimsby and Cleethorpes area.
I do hope you find this information useful.
Hazel Blears
March 2009
EXPLANATORY MEMORANDUM ON A COUNCIL OF EUROPE
CONVENTION ON LOCAL SELF GOVERNMENT
Title of Treaty
The European Charter of Local Self Government.
Command Paper Number: 3884
Subject Matter
1. The purpose of the Charter is to lay
down basic standards protecting democratically elected local government
within the constitutional or legal framework of member states
of the Council of Europe. The Charter was opened for signature
as a convention on 15 October 1985 and was signed on
behalf of the United Kingdom Government on 3 June 1997.
2. The Charter is in three parts. Part I
contains the operative provisions relating to local selfgovernment
to which signatories to the Charter agree to be bound. It specifies
the need for a legal or constitutional foundation for local self
government (Article 2), defines "local self government"
as the right of loyal authorities to "manage a substantial
share of public affairs under their own responsibility" (Article
3), and establishes (Article 4) the principles governing the nature
and scope of local authorities' powers.
3. Further articles in Part I are concerned
with: protecting the boundaries of local authorities (Article
5); ensuring that they are able to determine their own administrative
structures and recruit competent staff (Article 6); defining conditions
for holding local elective office (Article 7); ensuring that supervision
by higher level or controlling authorities of the activities of
local authorities is not disproportionate (Article 8); and, within
the constraints of national economic policy, ensuring that local
authorities have adequate financial resources at their disposal
on terms which are commensurate with their responsibilities under
the law (Article 9). The remaining provisions in Part I cover
the right of local authorities to co operate and form associations
(Article 10) and the protection of local self government by the
right of recourse to a judicial remedy (Article 11).
4. Part II contains miscellaneous provisions
relating to the scope of the undertakings entered into by the
parties. Parties undertake to be bound by at least 20 of the 30
paragraphs which make up the Articles of Part I (10 of which must
be chosen from 14 specified paragraphs) but can agree to be bound
by additional paragraphs after ratification (Article 12). On ratification
a Party can specify the categories of local authorities to which
it intends to apply the Charter or the categories to be excluded
(Article 13). A Party is also required to supply the Secretary
General of the Council Europe with information concerning how
it has complied with the Charter (Article 14).
5. Part III contains final provisions consistent
with those customarily used in conventions drawn up under the
auspices of the Council of Europe: the Charter enters into force
three months after ratification by a Party (Article 15); a Party
may specify, at the time of ratification, that the Charter will
apply to certain of its dependent territories (Article 16); a
Party may denounce the Charter five years after the Charter comes
into force for it (Article 17); and the Secretary General is required
to notify member states of acts such as signature and ratification
by member states (Article 18).
EUROPEAN UNION
(EU) IMPLICATIONS
6. There are no specific EU implications.
The Charter relates to matters which are entirely within the competence
of member states of the Council of Europe.
MINISTERIAL RESPONSIBILITY
7. The Secretary of State for the Environment,
Transport and the Regions takes the lead, in consultation with
other relevant UK Ministers, on inter governmental issues affecting
local government. The Secretaries of State for Scotland, Wales
and Northern Ireland are respectively responsible for the framework
of local government in those countries. However, referenda in
Scotland and Wales held in September 1997 have established
the demand for a Scottish parliament and a Welsh assembly. Subject
to legislation, it is proposed that responsibility for local government
should, in future, become a matter which is devolved to those
bodies. Policy implications:
(i) General
8. The benefits to the United Kingdom of
being a Party to the Charter derive, firstly, from its position
as a supporter of the principles of the protection of human rights
and of democratic self government which are fundamental to the
purpose of the Council of Europe and, secondly, from the value
of local government as providing local democratic leadership to
communities and as securing the provision of public services.
9. The importance of local democracy to
the promotion of human rights and the preservation of stability
in Europe was specifically acknowledged in the final declaration
of the last Council of Europe Heads of Governments Summit held
in Strasbourg on 10-11 October 1997. The United Kingdom is
fully committed to the view expressed in the declaration. Subscribing
to the Charter demonstrates the depth and authenticity of that
commitment and will strengthen the United Kingdom's advocacy of
local democracy in international relations.
10. The UK Government accepts that a wide
range of domestic policies on, for example, education, social
services, transport, economic development, environmental protection
and law and order can only be properly developed and implemented
in close partnership with local government. The Charter enshrines
basic principles already reflected in the United Kingdom system
of local democracy which the Government intends to develop and
reinforce. Subscribing to the Charter strengthens the Government's
partnership with local government and will enable key domestic
policies to be developed and implemented more effectively.
11. By subscribing to the Charter, the United
Kingdom is bound to apply the standards prescribed in the Charter
to its own system of local government. The standards are compatible
with the existing and developing system of local government in
the United Kingdom.
(ii) Financial
12. There are no financial implications
of subscribing to the Charter since, as already stated, the United
Kingdom system of local government is already compatible with
its provisions.
(iii) Reservations and declarations
13. For the reasons given above in relation
to the existing compatibility of the United Kingdom system of
local government with the principles of the Charter, the United
Kingdom proposes to undertake in subscribing to the Charter to
be bound by all of its provisions, without recourse to the provision
in Article 12 for subscribing only to certain of its provisions.
14. As regards the provision in Article
13 in relation to the categories of authorities to which
the Charter applies, the relevant categories of local authorities
in the United Kingdom to which it is proposed to apply the Charter
are: in England, all county councils, district borough councils,
London borough councils and the Council of the Isles of Scilly;
in Wales, all county councils and county borough councils; and,
in Scotland, all councils constituted under section 2 of
the Local Government (Scotland) Act 1994.
15. Accordingly, it is not proposed to apply
the Charter to parish and community councils in the United Kingdom,
given their limited statutory powers and role in relation to local
service delivery, or to the Common Council of the City of London,
given its unique and distinctive organisational and electoral
arrangements. Moreover, it is, and always has been, the understanding
of the United Kingdom that the term "local authority"
in the Charter does not include local or regional bodies such
as police authorities which, by reason of the specialist functions
for which they are responsible, are composed of both elected and
appointed members.
16. For the time being, it is also proposed
not to apply the Charter to district councils in Northern Ireland,
given the lesser range of functions currently assigned to local
authorities in that country compared with the rest of the United
Kingdom. The Government reserves the right, however, to apply
the Charter to local authorities in Northern Ireland in the light
of future constitutional and political developments.
17. In view of the limited role of local
government in those territories, it is not proposed that the Charter
should (under the provisions of Article 16) apply to any of the
United Kingdom's dependent territories.
IMPLEMENTATION
18. No amendments to United Kingdom law
are necessary to ensure compliance with the Charter. It is the
Government's intention that any future legislation affecting local
government should further strengthen the degree of compliance
with aspects of the Charter and ensure continued compatibility
with its provisions.
CONSULTATIONS
19. There have been wide ranging discussions
on the significance and relevance of the Charter TO the United
Kingdom since it was opened for signature in 1985. Local government,
in particular, has made clear its strong support for the Charter
as a basic text setting out the principles of local democracy
and the role of local government in member states of the Council
of Europe. The Report of the all party House of Lords Select Committee
on Relations between Central and Local Government published in
July 1996 recognised that subscription to the Charter:
"would provide a clear signal by central
government that it recognises the value of local government".
Responses to the Government's signature of the Charter on 3 June
1997 were entirely favourable.
20. The document, "A Framework for
Partnership", signed by the Deputy Prime Minister and the
Chairman of the Local Government Association on 3 November
1997 and setting out the basis of the relationship between
central and local government in England, specified that the Government
intends to ratify the Charter "in recognition of the independent
legitimacy of local government". A similar but separate document
is planned for Wales. The Independent Commission on Local Government
and the Scottish Parliament will be studying how to develop the
role of strong local government in Scotland.
Hilary Armstrong
Minister for Local Government and Housing
Department of the Environment Transport and the Regions
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