Memorandum submitted by the Local Government
Association (LGA)
1. INTRODUCTION
1.1 The Local Government Association (LGA)
promotes the interests of English and Welsh local authorities—a
total of just over 420 authorities. These represent over 50 million
people and spend around £74 billion a year on local services.
1.2 The LGA continues to place a strong emphasis
on adaptation within its broader environmental work. We continue
to work closely with national and regional partners, particularly
Local Regional Adaptation Partnership (LRAP), Nottingham Declaration
Partnership (NDP), Environment Agency (EA) United Kingdom Climate
Impacts Profile (UKCIP) and Department for Environment, Food and
Rural Affairs (Defra) on the national Adapting to Climate Change
(ACC) programme, in particular supporting the delivery of the
performance indicator on climate change adaptation (NI 188), and
the statutory programme arising from the Climate Change Act 2008.
1.3 Under our Small Change, Big Difference campaign,
we have issued a number of policy statements, and sector guidance.
For example in May 2008, the LGA published Be aware, be prepared,
take action. This guidance was developed by the LGA, Environment
Agency and UKCIP and was designed to signpost the tools and resources
which local authorities can draw upon in developing their own
climate resilience and adaptation strategies.
1.4 In August 2008, the LGA published Cutting
through the green tape—the powers councils have to tackle
climate change. This document aimed to cut through some of
the legislative uncertainty (green tape) by highlighting the key
powers local authorities have, signposting the tools and resources
councils can draw upon and offering some practical examples of
those councils that have successfully utilised these powers.
1.5 The LGA therefore welcomes the opportunity
to respond to this inquiry and is encouraged by the interest shown
by the Committee on this subject.
2. SUMMARY OF
KEY LGA POSITIONS
2.1 National Government must empower local
authorities to build adaptive capacity, however it is councils,
rather than central Government, who should take the lead in deciding
what changes are needed in their local area The specific needs
of local communities cannot be understood, prioritised and planned
for at a national level.
2.2 We accept that future costs are difficult
to judge, but contend that the cost of delivering adaptive change
must not fall to local authorities alone. We seek assurances from
Government that funds will be available to manage risks that represent
a threat over and above existing operations.
2.3 Conversely, the Adapting to Climate
Change programme must ensure councils have sufficient leverage
over other public bodies and statutory undertakers where necessary
to design and deliver robust adaptive action.
2.4 Our aim for 2009-10 is to continue to
be the credible advocate for councils on adaptation; encourage
raised awareness and maximum use of the UK09 projections, and
by working with national partners ensure all local areas understand
how climate risks affect core service delivery, infrastructure,
assets and the well-being of local communities.
3. POLICY APPROACHES
3.1 The LGA is encouraged by the level of
commitment demonstrated by central Government in regards to national
adaptation policy. We would call on the Government to be mindful
of proposing any actions or measures, which are based on a narrow
understanding of the local authorities.
3.2 There are several different types of local
authority across England and Wales, each with varied roles, responsibility
and funding streams. Policy approaches therefore must not be "one-size-fits-all",
but allow for local, regional needs and vulnerabilities to be
understood, identified and accommodated.
4. REPORTING
POWER AND
NI 188
4.1 During the passage of the Climate Change
Bill, the LGA expressed reservations over the need for the Secretary
of State to have this Reporting Power over local authorities,
given that the expectations under NI 188 are so closely aligned
with what reporting authorities would be expected to deliver under
legislation.
4.2 We are therefore pleased that the Government
have listened to our representations and that the recent consultation
proposes that local authorities will not be asked to report under
the "first round" of the adaptation reporting power.
4.3 Local government has in place an improvement
framework, enshrined in the National Improvement and Efficiency
Strategy, which it regards as the primary route for tackling under-performance
and improvement in the sector. It is important that the Reporting
power is not used as a back door method to circumvent the National
Indicator Set or duplicate what is going on elsewhere.
4.4 At present, NI188 is unusual amongst
National Indicators in that it is process- rather than outcome-driven.
There will of course become a time when the indicator will need
to establish more outcome-based requirements. We would assert,
however, that Local Authorities must not be unduly singled out
because of judgment taken outside of the performance framework.
4.5 We would expect that assessments of
whether a local authority should or should not be asked to report
to be based on a full understanding of the authority and the challenges
it faces.
4.6. Similarly, the LGA through its partnership
with organisations such as the LRAP and the NDP will encourage
the Government to use the recent submissions from all authorities
on NI188 to shape future programmes and generate clear national
guidance on adaptation.
4.7 We would seek assurances that any proposed
use of the reporting power is taken as a measure of last resort,
which does not disproportionately increase the burden of bureaucracy
on either local authorities or local stakeholders covered by the
definitions.
5. CO-OPERATION
5.1 We are pleased that the recent Government
consultation on the Reporting Power recognises that local authorities
can provide reports jointly with other organisations where necessary.
Effective cooperation will be vitally important across any possible
combination of reporting authorities. While, non-cooperation at
the local level should be the exception rather than the rule,
those exceptions will still need to be addressed in terms of this
power being applied to local authorities.
5.2 Local government can report on its own estate
and services under its direct control, it cannot and should not
be expected laboriously to chase down information in a compatible
format from non-council reporting authorities. For example in
flooding incidents, the flood waters may arise from multiple sources—sewers,
highway drains, watercourses, overland run-off, etc. It is essential
that the different bodies with responsibilities for the relevant
assets collaborate in the investigation of the causes to resolve
problems successfully, ie explain their actions and policies and
work with the local authority to make improvements. It is not
enough simply to assume through central guidance that reasonable
steps will be taken by non-council reporting authorities to co-operate
and respond effectively under this proposed duty.
5.3 The Pitt review confirmed what local
Category 1 responders (statutory bodies) have long known—that
some Category 2 responders (utilities, transport, etc) have hidden
behind commercial confidentiality when asked to share information
essential for emergency planning. Although the forthcoming Flood
and Water Management Bill aims to address this in relation to
Flood Risk Management, there will be a need for a more general
compulsion on others to co-operate with local authorities.
5.4 It is the LGA's held view that if there
local authorities are required to report under this legislation,
then the sector must be empowered to require robust and timely
co-operation from non-council reporting authorities.
5.5 A more simple way of achieving this
would be for regulations to be made under the Civil Contingencies
Act 2004 to put a duty on all Category 2 responders to cooperate
with Category 1 responders when carrying out duties under the
Act.
6. CONCLUSIONS
6.1 Public sector organisations are defined
by the services that they are expected to deliver to the public,
and they are answerable to Government, and hence to the public,
on their performance against targets agreed around these services.
Local authorities have a significant interest in adaptation because
of the wide range of community services they provide.
6.2 The Local Government Act 2000 gave many local
authorities powers to address the overall "wellbeing"
of their communities. This gives them an important role in looking
at the economic, social and environmental wellbeing of their communities
in their role as "place-shapers"—creatively using
their powers and influence to promote the general wellbeing of
their communities and citizens.
6.3 As democratically elected and accountable
local leaders, local authorities also carry overall responsibility
for assessing risk and leading the recovery from civil emergencies.
As evidenced during the floods in the UK during summer 2007, elements
of the response by the privately owned utilities was perceived
to show a lack of capacity and capability. Because they are the
most competent actor to do so, local authorities need to be put
firmly in charge of coordinating planning for emergencies of all
key infrastructural services provided in their areas.
6.4 National Government need to empower
local authorities by devolving responsibility and funding to them
for building local adaptive capacity and undertaking adaptation
actions other than particularly large and costly infrastructure
projects (such as large sea or river defences). Local authorities
are best placed to understand the needs of their local areas because
potential climate impacts vary markedly between even small areas
for reasons such as variations in topography, local weather conditions,
proximity to the coast, land-use patterns and the characteristics
of their populations.
6.5 The specific needs of localised communities
cannot be defined, prioritised and planned for at a national level.
National Gvernment also need to act as clearing houses and conduits
of information on adaptation to local authorities. They must also
provide the support local authorities need to ensure adaptation
is undertaken at local level.
6.6 We accept that future costs are difficult
to judge, but contend that this must not fall to local authorities
alone. The national Adapting to Climate Change (ACC) programme
must work to support councils on both Building Adaptive Capacity
(BAC) and Delivering Adaptive Change (DAC).
KEY BACKGROUND
DOCUMENTS
— See LGA Small Change, Big Difference
campaign
http://www.lga.gov.uk/lga/core/page.do?pageId=269299—
"A climate of change: final report of the LGA Climate Change
Commission" [LGA, 2007]
http://www.lga.gov.uk/lga/publications/publication-display.do?id=20630
8 October 2009
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