Written evidence submitted by Localis
(L&CG 09)
Prospects for codifying the relationship between
central and local government
A written constitution as an idea is potentially
quite interesting, but codifying the relationship between central
and local government does not require it. The relationship must
be considered in the whole, including consideration of local government
finance, performance management, interactions, administrative
capacity and the presence of the centre in localities as well
as a whole range of other factors. A constitution can be undermined
by central government as the evidence of other countries shows.
The driver of this interference is most likely the result of a
range of factors that go beyond a constitution.
Whilst codification might not need to be constitutional,
it is important that permanent measures are put in place to ensure
that the centre cannot change the rules of the game at its own
will. There are a number of ways that this could be achieved:
Local Government Finance
Addressing the balance of funding between central
and local government is the single most important change in addressing
the relationship between central and local government in the UK.
Whilst this must be coupled with sufficient and significant administrative
powers, this would be one way of ensuring a long lasting and meaningful
change in the relationship between central and local government.
Whilst the UK is not unique in central government's
use of reorganisations, rate capping and other financial burdens,
it is often said that the UK is one of the most centralised countries
in the developed world, due in large part to the low degree of
self funding that UK local government receives.
There are a lot of questions and problems as to how
exactly you achieve the rebalancing, but one obvious place to
start would be to look at how to re-localise business rates, which
makes up a large proportion of the formula grant which is distributed
by central government
Provide local government with greater administrative
capacity
Without responsibility for sufficient, and importantly,
the right functions, local government will never be considered
to be an equal partner with central government. The right powers
need to be devolved to the local level, particularly those that
are considered to be creating duplication or waste when run centrally.
These would sit within a broad commissioning role for local government,
and could be further enhanced by pooled or community budgets.
Give local government a place at the decision
making table
There are many ways that this could be achieved.
It may be possible to get a stronger local government representation
in the upper house, although something similar could be achieved
through a joint committee of both the houses.
Clarifying accountability and responsibility between
different tiers of government
Codifying what lies at what level will provide greater
clarity and lines of accountability, so as to ensure that people
are more likely to turn to their local councillor rather than
their MP over the most appropriate issues.
Localism to run through departments
The current Government has created a Structural Reform
Plan, which is designed to provide a framework to ensure that
localism is a theme that runs through every department, and not
just CLG. There are a range of initiatives that would enable understanding
of local government issues, such as secondments from central departments
to local government.
General Power of Competence
The General Power of Competence is potentially a
far reaching power that could help to codify a clear intention
that local government is able to do whatever it wants in the interests
of its residents.
3 December 2010
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