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Memorandum submitted by the Local Government Association (ACC17)
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 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, i.e. 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 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 6.7. (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 . · "be aware, be prepared, take action: how to integrate climate change adaptation strategies into local government" [LGA,EA,UKCIP 2008] http://www.lga.gov.uk/lga/publications/publication-display.do?id=566301 · "Cutting through the green tape: the powers councils have to tackle climate change" [LGA,2008] http://www.lga.gov.uk/lga/core/page.do?pageId=874285
8 October 2009
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