Examination of Witness (Question numbers
481 - 563)
RT
HON GREG
CLARK MP
14 FEBRUARY 2011
Q481 Chair:
Minister, thank you very much indeed for coming; you are most
welcome. Quite appropriately, you are the last witness in the
final evidence session of our inquiry into localism. For the
sake of our records, could you just introduce yourself?
Greg Clark: I am
Greg Clark, Minister for Decentralisation.
Q482 Chair:
Thank you very much indeed. The appropriate first question is
about decentralisation. The Committee is looking at localism.
We understand that there are people also interested in the big
society. Are these different concepts or are they all part of
some genuinely joined-up thinking?
Greg Clark: They
are related. I see localism as the ethos, if you like, to try
to do everything at the most local level. I see decentralisation
as the way you do that. If you start from a relatively centralised
system, you decentralise to achieve that. You might have seen
the guide I wrote for that. If you do that seriously and comprehensively
then I think you move from a position of a very centralised state
to something that we have called the big society. Therefore,
localism is the ethos; decentralisation is the process, and the
outcome is the big society.
Q483 Chair:
When we heard evidence from the New Local Government Network,
Simon Parker talked about the difference in his view between localism
and decentralisation. He drew a distinction between the extent
to which one was passing down powers and responsibilities to local
government, which then sought to devolve power further to local
citizens and communities, and simply passing power from the centre
down to local citizens and communities, bypassing local government.
Do you draw a distinction? Are they two different processes?
Greg Clark: I think
there are different models of it. The process of decentralisation
that we have adopted, set out in the guide, is both. It involves
transferring powers from central Government to local government,
a clear example of that is getting rid of a lot of the ring-fencing.
But it also imposes some requirements on local government to
transfer powers to communities, so the right to challenge neighbourhood
planning in the Localism Bill takes what was, as it were, the
monopoly preserve of local government and gives people in communities
the power. Therefore, it is both; it is a double deal, if you
like.
Q484 Chair:
The double process is one that many people could feel comfortable
with. I suppose there has been some concern when the process
bypasses local government altogether. The idea of a Secretary
of State sitting there and somehow having a direct relationship
with individuals in the community does not necessarily seem to
be an even-handed position or one where communities can exercise
as much power and responsibility as they might do if they worked
with their local councils in a more devolved framework involving
the councils.
Greg Clark: I am
a fan of local government. I should declare an interest as a
former local councillor.
Chair: Join the club.
Greg Clark: That
goes for many members of the Committee. I am quite impressed
that we do not see some pallid faces among all those members of
the Committee who are simultaneously members of the Localism Bill
Committee. I am impressed by what has obviously been a healthy
weekend of fresh air.
I think it is a question of both. Even when we are
empowering local communities, for example as in neighbourhood
planning, I very much see a leadership role for local councillors.
This provision is not excluding local councillors by any means.
Just as we all hope our political and community leaders in our
own constituencies will play their part, we expect ward members
to play that part in taking advantage of the rights that are available
to communities. But I think it is a combination of both. It
would be wrong to see this just as a shift between central and
local government. It would be equally wrong completely to ignore
local government and put the focus exclusively on individual citizens
and communities, so there are various aspects that do one or the
other and sometimes both.
Q485 Simon Danczuk:
Minister, let me start by wishing you a happy Valentine's day.
Greg Clark: Thank
you, sir. It is the first time I have been wished that by an
MP colleague, so I am grateful.
Q486 Simon Danczuk:
I cannot think of anything I would rather be doing now than talking
to you about localism.
Greg Clark: I was
going to say it was mutual, but I have been rather looking forward
to this session.
Q487 Simon Danczuk:
What international examples have the Government drawn upon for
its approach to localism?
Greg Clark: There
is a whole range of examples. If we start by looking across the
world, as I am sure you know for your hearings, we have one of
the most centralised systems, whether it is the centralisation
of finance or the planning system. For example, if you look at
the Dutch planning system, in which we have been very interested,
there is much greater involvement by communities at that level.
If you look at some of the rewards that come from development
and planning, you will see that, for example, in the Danish system
there is greater community ownership. If you look at the US,
for example, as I said on Second Reading debate on the Localism
Bill, I think it would be considered extraordinary if you were
sitting in Colorado and were told that the detailed rules governing
the behaviour of the local council were set by a member of President
Obama's Cabinet. Wherever you look you come to the ineluctable
conclusion that we are very centralised to a dysfunctional extent.
Q488 Simon Danczuk:
So, in terms of examples, Manchester will end up more like Århus
in Denmark. What are the examples of countries that we will become
more alike under the Localism Bill?
Greg Clark: I think
we will be more like the rest of the world. I do not think there
is a particular, single model of which we are trying to turn the
UK into a clone. We have different traditions.
Q489 Simon Danczuk:
But have we borrowed examples from any particular places?
Greg Clark: Mayors,
for example. You mentioned Manchester. One of the things that
impels us towards the idea of mayors for our bigger cities is
to look around the world. We observe that the strongest cities
in the world, whether it is Paris, Lyon and Marseilles or New
York, Washington and Chicago, have figures who are rallying points
and represent in a very personal way their cities. That has been
very influential. As to planning, I think the Dutch system has
been very influential. If you look at some of the community rights,
again across Europe there are different approaches to this, but
there is always a consistency that there is a sense of entitlement
and of checks on the monopoly use of power, whether it is at the
centre or even at local government level.
Q490 Heidi Alexander:
I hope you will forgive me if I don't also wish you a happy Valentine's
day. My fiancé might have something to say about that.
Greg Clark: I'm
devastated, Heidi.
Heidi Alexander:I would like to turn
to how localism is going to work over the next five years. In
your vision for localism, do you see local councils having fewer
or more powers and resources in five years' time than they do
currently?
Greg Clark: I certainly
see them having more power and greater control over their resources.
What they have will be increasingly up to them in a way that
it is not at the moment. In terms of more power, the general power
of competence establishes the right default that, rather than
local government existing almost literally to do the things that
central Government tasks it to do, you should turn it the other
way round and say that local government should be able to do things
other than those things that are explicitly banned. If you think
that way, that is literally a general power which would enable
councils to operate in different ways. Some will choose no doubt
to go further than others in terms of innovation; some will be
innovators; some will be imitators and some will be rather more
cautious. Therefore, I certainly see local councils having greater
powers.
As to resources, one of the decisions we took, which
is reflected in the Bill, was to replace capping for council tax,
for example, with a local referendum whereby if a council wants
to make the case for a higher than usual increase in the council
tax, presumably for a particular purpose, it can make that case.
I think that policies like the new homes bonus and the change
we are making to the community infrastructure levy are about getting
more local control of finance. I am sure that in future sessions
you will take an interest in the review of local government finance,
when it is very much intended that that process will continue.
Therefore, I would say it is both.
Q491 Heidi Alexander:
As to how it will work, perhaps you could take the example of
your constituency. Is it Tunbridge Wells?
Greg Clark: Yes.
Q492 Heidi Alexander:
Tell us what you see councils and different layers of civil society,
perhaps community groups locally and nationally, doing in five
years' time. What will the delivery of public services look like
in five years' time in your constituency? Do you have any ideas
about what those different layers will be doing?
Greg Clark: That
is a good question. For a start, I think the county council and
borough councilwe have a two-tier authoritywill
be able to distinguish themselves from perhaps their neighbours
and do things in different ways. For example, they might choose
to target the town of Tunbridge Wells, which has a lot of potential
as a tourist destination. It also has a degree of potential in
some of the new media centres, so, for example, they could use
the powers they will have, whether it is to vary business rates
or promote particular aspects of the local economy. They can
do that and make a pitch for distinguishing themselves from neighbouring
councils. In other words, they are not just a vehicle for delivering
services; there can be something more tangibly Tunbridge Wells
about it.
What I would also hope and expect to see is a much
greater engagement and partnership with local communities and
voluntary groups. It should be easier for them to access the
provision of services. I think it should be less of a situation
in which they are dependent on just the grants programme, but
those boundaries around the town hall should be chipped away at
so there is a greater flow. On planning, for example, I would
like to see a good proportion of the neighbourhoods in Tunbridge
Wellsthe whole constituency, not just the townexpress
a vision of how they would like their community to be in the future.
Therefore, I would like to see greater civic engagement from
the grassroots and a greater sense of local difference, I suppose.
Q493 Heidi Alexander:
Some people might argue that rather than decentralise from the
centre, the Government might be better off perhaps decentralising
to local authorities and allowing them to make the decisions about
how to decentralise to the community beyond that. What would
you say to those people?
Greg Clark: I understand
their case and it is a very rationalistic view that you devolve
just to one level and then leave it up to them and that, just
as people can make decisions about who forms the Government, they
can make decisions about who forms the council. We advisedly
chose a different route to combine the devolution to communities
as well as to councils. It comes down to this: whether it is
central or local government, I think there is a degree of power
that if unchecked means that those people who are not the best
performersthey will do these things anyway without thismay,
without safeguards, choose not to give powers away and empower
communities. I think that imbalance of power between those who
have it and those who are excluded from it needs to be addressed.
That is why we need a programme of Government to make that happen,
because unless you do, people, frankly, are pretty pleased to
have the power they have. Sometimes you need almost physically
to prise their fingers off the levers of power if you are to make
that difference, so I think it is right to push it further than
local authorities.
Q494 George Hollingbery:
I was intrigued by your description in response to Heidi's question
about what Tunbridge Wells would look like in five years' time
after passage of the Localism Bill, because it sounded to me that
there was nothing in what you said that could not be done now.
It seemed to me to be absolutely what could be done now. You
did not mention community budgeting and much greater integration
of local delivery of services between local councils and local
budgets, the health service and so on. I just wonder whether
or not localism has become a matter of tone for this Government
rather than forcing Government departments particularly to start
to do more locally with each other.
Greg Clark: I think
it is a big difference. If you consider the status quo and talk
to elected members or officers of any authority, they will tell
you in all candourit is not particularly a party-political
pointthat not just over the last decade they have become
increasingly constrained in what they can do by having to abide
by CAA, by having funding coming in into tightly specified pots
of money so that they could not exercise the degree of discretion
that I said was a more desirable precondition to doing things
differently. Therefore, I think it has required that change.
It is certainly true that the good councils engage with their
communities and often help to nurture and support a very diverse
range of civic organisations. I regard my council as a good one;
it does a lot of that already, but it needs to be something that
is not exceptional or relies just on the good will of the council.
I think people should have the right to do things differently.
One of the key reforms that shoots through a lot
of the different measures is to go beyond the idea that this should
be discretionary on the part of councils and to give rights to
people in communities. Members will forgive me if I have said
this before, but I think it comes from the Sustainable Communities
Act whose principles are one of the most revolutionary pieces
of legislation introduced by Parliament. The power is very simple:
first, that people in communities below levels of Government,
whether local or national, should have the right to know what
is being spent and done on their behalf; and, secondly, they should
have the right to suggest alternative ways of doing it and be
reasonably considered rather than just abruptly refused. We have
tried to continue the ethos of that Act, as it is now, in the
Bill, and I think it is revolutionary.
Q495 George Hollingbery:
Therefore, localism has become a stick for local communities to
hold over their councils' heads, and if they do not delegate or
consult enough or do not deliver what people want them to deliver,
the people can challenge them on that. Is that what you mean?
Greg Clark: I do
not regard that as a stick so much as an opportunity. I believe
very strongly that the best ideas are not the preserve of elites,
whether they are in Whitehall, Westminster or, frankly, necessarily
the people who occupy the upper echelons of the town hall from
time to time. I think lots of people in communities and working
with their communities have great ideas but often they do not
have either the influence or access to the mechanisms available
to those in power and authority in order to achieve what they
want. Therefore, it seems to be incumbent upon us as a Government
and also upon local government to make some of the resources and
support that we have to make our ideas fly available to people
in communities with good ideas. I am absolutely certain that
if you do that over time and across the country people will, if
they have their head, do things in ways that represent innovations
and will be a motor for progress that can be tremendously exciting.
Q496 James Morris:
Minister, I think that in evidence you gave to the Committee previously
you commented on your cross-departmental role and said that in
a sense there was a paradox in that there was a Minister for Decentralisation
at the centre trying to decentralise power. Given your experience
since the Government has been in power for eight to nine months,
what blockages have you found in terms of making sure there is
a commitment by Government to decentralisation, because a lot
of the evidence we have heard is that one of the barriers to localism
is the sense of cultural inertia in Whitehall.
Greg Clark: Yes.
It is one of the reasons that I really welcome this inquiry.
I hope that if the Government needs a nudge, you will go beyond
that and give a firm shove to all of us in Government just to
reinforce the need to make this change. To start with your first
point, Mr Morris, it is a conscious paradox. For the reason
I said, if people have power at the moment, often it takes quite
an effort to make them give it up. That is why I think you need
a dedicated programme to do that. When the Prime Minister appointed
me, he asked me to work obviously primarily for the Department
for Communities and Local Government but to try to help the process
of decentralisation across Government and indeed to report back
to him in July on how different departments were doing.
I have shared with Members that one of the first
fruits of that is the guidance we have put out for people who
may think that decentralisation is a rather abstract term to which
it is easy to pay lip-service, but how do you put it into practice.
We have broken it down into the six actions that you see there.
Whether it is getting rid of central impositions or having a
determination to be much more transparent in data, they are actions
that not only can be taken by different departments but can be
judged against, so the reply that I will give the Prime Minister
in July will judge them against that, and some will do better
than others.
Q497 James Morris:
How would you resolve a particular tension that existed if you
thought that a department was taking decisions that did not support
the decentralisation agenda? Hypothetically, I think of DWP.
We have had evidence to suggest that the Work programme being
implemented by the Government is in essence not really a localist
programme; it is determined very much from the centre. How would
you go about resolving some of those tensions, or are there certain
areas of Government policy that you would not be able to influence
directly?
Greg Clark: I cannot
direct them but I would hope to influence them. Before Christmas,
I wrote to different departments asking them to set out how they
were doing against these actions in order to bring together what
they have achieved so far. Therefore, having that remit and the
opportunity for those conversations does, I think, give one influence
across Government.
Sometimes it requires a conversation because, just
as we have not taken what I would regard as a very crude form
of decentralisation going just from Whitehall to the town hall,
it is fair to have a conversation about some of the necessary
safeguards. Therefore, child protection is clearly an area in
which, reasonably, it is not possible to say that however a council
discharges its child protection services will be purely a matter
for the ballot box four years hence. I think that if there is
something wrong with it, people should know early and there should
be decisive intervention. Therefore, I think it gives rise to
an intelligent conversation but gives an opportunity for some
of these issues to surface so you can make sure you are casting
it in the right way rather than in a way that does not reflect
the differential circumstances.
Q498 James Morris:
To what extent do you interact with the Cabinet Office? It seems
that the Cabinet Office has responsibility for, as it were, crossdepartmental
monitoring, if I may put it that way, of implementation and performance.
Do you have a formal relationship with the Cabinet Office?
Greg Clark: You
are absolutely right. I do not know how formal it is, but, for
example, I spend a lot of time with Oliver Letwin, the Minister
for Government Policy. I do not think you have taken evidence
from him. He is closely involved in the structural reform plans,
for example, and assessing new Government policies. In Opposition,
he and I worked very closely on this agenda over many years.
We have frequent and close interaction on this, so not much goes
on in terms of other departments that has an aspect of decentralisation
that I do not know about and in which I have not been involved
in a very flexible way.
Q499 Chair:
I want to pick up just a couple of points. As to the letter you
sent out, I would be very interested to see what reply you get
from your colleagues about the progress they are making. Perhaps
you can tell us which departments do need a shove in agility in
that regard. We have already asked the Minister for care services
whether he could think of any other issues where decentralisation
might be on his agenda. The Minister of State for the Department
for Work and Pensions could not think of any either, and the Police
Minister with a bit of prompting thought that perhaps some elements
of criminal justice might be appropriate. Does it disappoint
you that there is not enthusiastic thinking going on about future
issues that could be decentralised?
Greg Clark: I do
not see it quite like that. If you look at what other departments
are doingI do not deny that there are leaders and laggardsand
take education and what is going on in terms of the schools agenda,
I think it is very radical; ditto on health. In social care,
for example, the move towards personal budgets is very ambitious.
But the opportunity arising from this request by the Prime Minister
is to do a bit of cross-fertilisation in advance of July. If
there are approaches on, say, transparency that have been made
in one department that another department may not have thought
about, or not thought about enough, it gives the opportunity to
say, "These three departments are taking these steps to make
information more transparent and available. Why are you not doing
it in yours?" It may be the case that it simply never occurred
to them, and to have a framework against which they can be judged
provides a greater degree of rigour.
The report that I shall issue in July is something
in which I would hope all departments would want to appear favourably,
so they have an interestI hope an incentiveto learn
lessons from other departments in Whitehall before then so they
can present a picture of good practice. After all, this is one
of the principal approaches of the Governmentthe power
shift, as the Deputy Prime Minister described it. I cannot think
that there is a department that would consciously want to be without
that.
Q500 Chair:
To paraphrase, a few minutes ago you said decentralisation was
about transferring powers to local councils or communities.
Greg Clark: Correct.
Q501 Chair:
GP commissioning hardly seems to fall into either of those, does
it?
Greg Clark: I think
it does. It takes away a level of bureaucracy that was unaccountable
in strategic health authorities and PCTs and gives much more influence
to local people as to which GP they can go to, for example.
Q502 Chair:
But the real commissioning decisions are not going to be influenced
by local people, are they? GPs are not going to be accountable
in any way.
Greg Clark: They
are in effect because if you give people the choice of GP, the
performance of GPs in commissioning is something over which people
will have a direct influence in a way that they simply do not
at the moment. In years to come we will look back to the devolution
to GPs as one of the most empowering things we have done for local
people.
Q503 Chair:
I represent an urban constituency. If I represented a rural constituency
and the next GP was 20 miles away it probably would not seem to
me to be an enormous transfer of influence and power.
Greg Clark: I am
sure that even those GPs would want to serve their communities
well and have the good opinion of them. Everywhere has geographical
margins and I am sure that they would want to make sure that even
in those areas of competition they were doing well. But, more
than that, my view of professionals, public service professionals
in particular, is that the reason they follow their vocation,
whether it is in the health service or in education, is that they
want to do well; they want to exercise their professional judgment
for the benefit of their patients. That is why you take the Hippocratic
oath if you are a doctor. I have never met a teacher who was
attracted to teaching other than because he felt he had a gift
and talent for transmitting knowledge and inspiring people to
learn. I think the more you circumscribe and describe centrally
how you do that, however good the intentionsI recognise
the reason for it is to have a degree of standardisation that
seeks to improve standards across the countryyou reach
a period of diminishing returns, in that most professionals would
say that the degree of prescription and control has taken the
edge off the calling that brought them into their profession in
the first place.
Q504 George Hollingbery:
You talked a little about the process of your driving through
this change. The last time you were with us we asked you a similar
question. You talked about wanting to say to local authorities
and other groups in the community, "Come to us and make suggestions."
To what extent should local communities and their representative
authorities be reaching up to draw down, and to what extent should
central departments be pushing out?
Greg Clark: I think
it is both. In terms of reaching up to draw down, I think that
if you establish the right to do things differently that is the
correct way to do it. To take neighbourhood planning as an example,
it would be the wrong approach to impose a requirement that every
neighbourhood across the whole country had to adopt a neighbourhood
plan on a particular date. It would be over-prescriptive and
would not reflect the reality that some communities might be perfectly
happy with the way their local planning authority's plan sets
out their needs. But to give communities the right to do things
differently is the correct approach; similarly in terms of the
provision of services and the right to challenge.
If the way things are being done is pretty much perfect
and no one would want to change it then presumably people will
not come forward with challenges, whereas if there is a case to
be made that things could be done better, it will be made. Therefore,
to give people the right to do things differently but not forcing
them to do so is a reasonable way, but it is right to put some
safeguards into the system to ensure that, whether it is central
or local government, it does not stymie people's ability to take
up to those rights.
To go back to the Sustainable Communities Act, one
of its principles is about information, requiring more information
to be disclosed so people can make that assessment about whether
things are being done properly or could be done better. A second
is to make sure that bureaucratic procedures cannot be used to
frustrate the will of communities among those authorities or departments,
hopefully quite small in number, that would rather not be challenged.
Q505 George Hollingbery:
I take you back to the example of Tunbridge Wells. From the evidence
we have received there is a fairly strong suspicion that the greatest
result localism can produce is the pooling of local budgets from
Government departments. You are not talking about that. Evidence
we received on our most recent field trip is that somehow the
Government system is not yet fit for purpose in terms of the localism
agenda. There were a number of examples where local organisations
and/or councils wanted to reach up and make budgets work together
and the silo guardians at that stage said, "Well, I'm afraid
that I haven't had that authorisation; I can't spend the money
that way." Therefore, from the evidence I have heard there
is a lot of work to be done at the centre to ensure that people
lower down the chain in Government are prepared to offer a mechanism
to local people to take control.
Greg Clark: That
is exactly the right approach to take, and I would like to extend
the principle that people have the right to do things differently
and prevail against a reluctant bureaucracy. Just as we are establishing
that against councils, I think it should be established against
central Government. I completely agree with that. I think it
should be done at the initiative of different communities. There
is also a programme of bringing people together as a matter of
deliberate policy, but I think there should be the space there.
It runs throughout the document I published that people should
have the right to do things differently and make a reasonable
case for that.
Q506 George Hollingbery:
You have put up structures around things where communities can
draw power downfor example, local planning, right to challenge
and so on and so forthbut you have not done that around
central Government budgets that are being spent locally.
Greg Clark: We
are, and I think we should do more. The 16 pilots for community
budgeting that we have started with are designed to work out what
changes you need to make to central Government machinery to make
that happen with a view to rolling it out nationally, but the
initial pilots concern families that place great demands on local
authority services. But I agree with you that the approach you
have described is the one I favour and I intend to see it as the
way that communities can access money.
George Hollingbery: I
would like to press you further, but my colleague has a question
that I suspect might touch on this.
Q507 Bob Blackman:
If I may press you further, roughly 10% of total Government expenditure
in any one place is controlled at local level. Clearly, we have
the pilot areas looking at community budgeting. What is the end
game here? How much of total Government spending at local level
do you envisage being controlled at local level?
Greg Clark: It
is hard to give a precise figure, Mr Blackman.
Q508 Bob Blackman:
Try between 10% and 100%.
Greg Clark: I think
Nick Clegg got into trouble when he tried to put numbers on something
a bit different like that and to be invited to say "no more
than", so I am not going down that route. But it accords
with Mr Hollingbery's point. If you establish the right to do
that then it is up to local communities to take it up. My sense
is that it is a lot more than is done at the moment. In my discussion
with Miss Alexander I talked about the fact that other countries
had a much greater local control over finances than we do. My
objective is to establish the right to do that. I am confident
that if you do that, people will take it up and we will transform
the system.
Q509 Bob Blackman:
Can you envisage the day when we will be looking at a much larger
proportion, say 50%?
Greg Clark: You
are very beguiling in your temptation.
Q510 Bob Blackman:
Say, 50% of the money spent at local level could be given to the
local authority to decide on local priorities and local expenditure,
possibly within the requirement that, "You will spend money
on health and various different things," but they could decide
on the degree to which they spend.
Greg Clark: I honestly
have not thought about what is the right ballpark figure, so it
would be misleading of me to come up with one, but we can agree
that it is more than 10% and more than it is at the moment.
Q511 Bob Blackman:
To quote an example, on one of our visits we considered the example
of looked-after children where a vast array of different departments
and Government agencies intrude on one young person's life, yet
at local level there is hardly any control whatsoever. Can you
envisage that being turned round to being one agency that looks
after this?
Greg Clark: I think
you put it very powerfully. That is the vision that I have.
Whether you can get it down to one person, you should certainly
have far fewer than we have at the moment. It reminds me of the
old adage of Tip O'Neill, who said that all politics was local.
I have just been struck over the past year in talking to councillors
and people in communities how it has gone even beyond that. Policy
at least is increasingly personal. I mean it in this way: you
are a former councillor, Mr Blackman. Are you still a councillor?
Bob Blackman: Not now.
Greg Clark: You
will know in your community who are the individuals and familiesyou
know their names and where they livewho have a disproportionate
call on public services. I think that is the experience across
local government. People know personally those who need help.
The frustration is that, in order to put the required offer of
help together, first of all they may not be able to do so, even
though they know what is best required. Even in so far as they
can, it is such a tortuous knitting together of different strands
of funding that it is completely wrong. Therefore, I think we
should act on the principle that problems and policy often require
to be personal and work from the bottom up and design Government
around that, rather than try to make our most vulnerable people
fall into line with the structure of central Government departments
that were set at the beginning of the 20th century.
Q512 Bob Blackman:
I can assure you that you do not lose that knowledge when you
cease to be a councillor and become an MP.
Greg Clark: Absolutely;
it is the same in my constituency.
Q513 Bob Blackman:
To press you on one other area, as we have talked about, there
is quite a lot of fragmentation between the services delivered
by Government departments at local level. Is it not a higher
priority to rationalise those than to decentralise so we get some
consistency in approach rather than the fragmented approach we
seem to have with various different Government departments?
Greg Clark: I think
that is one of the advantages of the right-to-challenge approach,
if I may call it that, where you give the right of initiative
to people to do things in different ways, whether it is to provide
a service or to control budgets in that way. I see the principles
of community budgeting being similar to those of the right to
challenge, just as Mr Hollingbery said. If you do that one
of the most important outcomes is that I hear local people saying,
"Well, there is this money being spent on this service and
on this other service over here and something else over here.
We have an idea that we can pull it together and provide a better
service for the people at whom it is aimed." I think that
a lot of the exercise of these rights, whether it is to have a
community budget or deliver services, will be to de-fragment,
consolidate and bring together a more coherent service for those
individuals.
Q514 Bob Blackman:
Some would say it would be better for the Government to bring
those services together in single delivery units and then decentralise
rather than decentralise all these fragmented services and hope
that local people do bring them together.
Greg Clark: I think
that is a very perceptive point. You are absolutely right that
the debate is whether you design it from the top and crash things
together so everything flows down to a local level or whether
you give people the right of initiative locally to do things in
a different way. I think there is room for both. What the Prime
Minister and our colleagues have said about vulnerable families,
for example, is a particular approach to try to bring together
the relevant budgets for that in a very deliberate way. I think
that should be supplemented with the ethos we are establishing
whereby communities themselves can suggest different ways of doing
things.
Q515 Bob Blackman:
I accept that, but can I be clear what your position is as Minister
for Decentralisation? Is it your priority to decentralise or
to bring these services together?
Greg Clark: Clearly,
I want to decentralise and allow local people to bring them together
locally, but I also see the need for particular services - some
of the narrower services. The Bill Committee had a discussion
with people in the voluntary sector who deal with people with
particular disabilities. In that respect, the community may not
be the same as a spatial community. There may be people with
particular needs that can be serviced across quite a wide geographical
area. In that case, one probably needs to bring budgets together
at a higher level than the geographical community, so I think
there are different approaches depending on the different communities.
Therefore, where you have a geographical community, there is
a strong case for that, but if you have communities of needs,
shall we say, it might require a slightly different approach.
Q516 Steve Rotheram:
If I may follow up what both Mr Blackman and Mr Hollingbery said
in regard to the Minister being reluctant to be tied down on the
range between 10% and 100%, at a philosophical level would it
be the aim to achieve as near as possible 100% freedom.
Greg Clark: I do
not come to it with that perspective. I think that if you establish
a right, I genuinely do not have in mind a figure that people
should get to. They should be able to get to whatever level they
want; there should be no maximum level. But it is a bit like
neighbourhood planning. If people are pretty happy with the way
things are and do not want to change it, that is cool; they should
be able to continue with that. It is the same with community
budgets. If they are satisfied with the services that are provided,
fine, but if they think they can do things better, they should
be able to.
Q517 Steve Rotheram:
The reason for my hesitation is that I have never been on a Select
Committee before, so I apologise if I get some of the protocols
wrong. In regard to what you have just said on this question
now and earlier, even though you are reticent to get tied down
to a specific figure, is the aim to release as much as possible
and, therefore, achieve as nearly as possible 100% freedom in
regard to any budgeting responsibilities, or are there some issues
that you think are outside the scope of that which need to continue
to be ring-fenced?
Greg Clark: I really
do not have a figure in mind. I think it is about giving people
the right to do things differently. I do not think in that way.
If you have a particular figure in mind then, to be frank, that
is rather corrupting of your purpose because then you tend to
try to drive everything to get to that figure and end up being
more directive than empowering. I would rather give people the
right to pool budgets and challenge the way things are done but
genuinely not drive them to get to a particular percentage.
Q518 Chair:
I think the "fragmentation" argument is a really important
issue. As to the problem of central Government siloswe
have heard descriptions of how they still operate right down at
the lower level with the involvement of Government officialsis
there also a danger that by not using local government as a focal
point for decentralisation in all respects in creating the elected
police commissioner, the free school, the community trust and
the neighbourhood planning arrangement you create fragmentation
at local level where there is nobody overseeing all these issues
and trying to pull them together in some kind of coherent approach
to local service delivery?
Greg Clark: You
raise a very interesting point, Chairman. My view is that if
you have people responsible for the things for which they are
responsibleon other words, the police commissioner responsible
for approaches to policingpeople will get to know who is
responsible for what. In our lives we regularly operate in a
situation in which different people are responsible for different
things. As long as you know they are and you have some relationship
with them and can replace them, or can go elsewhere, then in my
view that is fine. The position we are in at the moment is that
things are done to people without them knowing either who is responsible
for them or, even if they did, being able to do anything around
them. I take PCTs. I daresay that all of us as Members of Parliament
have experienced a situation in which there is something wrong
with our local health economy. We talk to the Secretary of State
who says it is the responsibility of the PCT. We talk to the
PCT and they say it is the responsibility of the Department of
Health. Naturally, you are lost and frustrated in the midst of
it, so in this case I would rather have responsibility for commissioning
with GPs so that people know who it is and that they can go elsewhere.
I do not think it is beyond people to know that actually their
GP is responsible for where they go to access the health service.
Chair: They will probably
still get their MP to go to the Secretary of State, so we may
still end up in the same place.
Q519 Mark Pawsey:
My question is to explore this direction of travel that has been
started on under localism and what the limits of localism might
be. You have already spoken about the right for local people
to take control wherever possible. We have the community right
to buy which is part of that. If a local authority looks at the
delivery of services that remain with central Government and believes
that it might be able to deliver those better would there be a
right to challenge Government and for the local authority then
to take that over? Is that a logical extension of the process
we have already started?
Greg Clark: It
goes back to what I said at the beginning. It is about power
being at the most appropriate level. It is not an extremist approach
that all power resides at the neighbourhood level. I think different
levels should be responsible for different things. To take a
case in point, I do not think the borough of Tunbridge Wells should
be responsible for its own defence policy, for example. I think
the standing army in Tunbridge Wells might be quite a scary thing.
I don't know, but it might be more Dad's Army than a killer
force. But I think for that reason, whether it was scary or not,
I think it should reside nationally. As you go through services
the question is: what is the most appropriate level for this?
Q520 Mark Pawsey:
This is part of the "0% to 100%" question that Mr Hollingbery
and Mr Rotheram raised. Who determines what is the most appropriatecentral
Government?
Greg Clark: This
is why my answer to Mr Blackman was meaningful in the sense that,
if you tot up defence spending and all the other things, what
would be a realistic percentage even if people did exercise all
these rights? I think there is an exercise to be done there.
Perhaps the Committee's advisers might identify what is the maximum
level. I think there are judgments to be made. I am not in favour
of abolishing this Parliament. The fact that this Committee is
looking into localism means that one of the underlying questions,
I daresay, is: what are the limits? What services should be decentralised
and what should not? I give an example of defence; earlier I
gave the example of child protection. My view is that the answer
on child protection is that the delivery should be decentralised
but there should be pretty tight reporting requirements and powers
to intervene if that goes wrong. I think it does vary. I do
not have a generic answer as to what the proportion is.
Q521 Mark Pawsey:
If we accept that defence is not on the agenda, in evidence to
this Committee local authorities have said they would like greater
powers in dealing with the question of worklessness. That is
not included within the Localism Bill. If local authorities are
able to make a convincing case for them to receive powers in that
field what would be Government's response?
Greg Clark: I think
that goes to community budgeting essentially. I think you took
evidence on that. I think local councillors do have a sense of
who in their communities need help and often what type of help.
We all know that the type of help in one particular area can
be very different from what is required in another, so I would
like to see those services subject to this "right to challenge"
approach. On the other hand, there is a desirethat is
why it is I think a conversationto have a system where
contracts are let and there are national providers. To build
in the degree of opportunity for challenge is what we need to
establish case by case.
Q522 Mark Pawsey:
So, is that the Localism Bill No. 2?
Greg Clark: I think
it is a sensible suggestion, Mr Pawsey. I do not think this is
the end of it by any means. This is an important step down the
road to a more decentralised country, but if this Committee meets
in a couple of years' time I hope it will be able to look back
and think that this has been another big step forward in the progress
we make on community budgets. No doubt the review of local government
finance will be another contributor to this. I think you are
absolutely right to suggest that it will not all be done and dusted
by this Bill.
Q523 Heidi Alexander:
It could be argued that many local authorities are already doing
localism, just as it could be argued that we are already doing
the big society. Can you explain to me how you see the localism
that is being promoted by your Government as being different from
those examples in parts of the country where it is already happening?
You have talked about things like neighbourhood planning. If
local authorities have gone about putting together their core
strategy in the right way there would have been a huge amount
of local community involvement and engagement. You have spoken
about the community right to bid to run services. Again, in many
local authorities who are working with the community and voluntary
sector some of that will already be happening as well. Therefore,
do we really need the Localism Bill?
Greg Clark: One
of the classic questions in relation to any Bill and reform of
this sort is: because the good practitioners follow these principles
anyway, why do you need to introduce anything that makes it more
widely available? I think the answer to that has two components.
The first is that I think it should be available to everyone,
perhaps especially in those areas where people might be living
under a local authority, or indeed areas of national Government,
that need to be challenged as to the way they are doing things
because they do not represent best practice. I do not think it
should be random and depend upon whether you happen to live under
a progressive council or that you are dealing with a Government
department that takes an enlightened view of these things.
Q524 Heidi Alexander:
But that would be a local decision by the local electorate.
Greg Clark: It
is really what we have talked about. There is a purist view that
it is all about moving things up and down the scale between central
Government and local government and it is just the ballot box.
I take a different view. It is similar in my view to the approach
we take in the private sector about having laws against the abuse
of monopoly power. You can say that companies exist; they are
free to trade; it is really nothing to do with us whether they
act in an abusive way using their dominant market power. I think
there is an acceptance not just in this country but across the
world that you need a framework in which the people lacking power
enjoy some protection against those who do have power and abuse
it, or have the capacity to abuse it. In competition law, the
concept is the abuse of a dominant position, so you can have a
dominant position but you should not abuse it. I think it is
a similar thing here. Therefore, I think we should have protection
for people in communities and voluntary groups so they cannot
be abused in that way.
But I would also say it is not just about protecting
those people against abuse who might be subject to it, but a lot
of what we are doing extends new powers and flexibilities to everyone.
In terms of neighbourhood planning, to have a neighbourhood plan
that has force in the planning system as a neighbourhood plan
is not available at the moment. Its principles can be reflected
in a local plan but nowhere near as directly as the opportunity
is here. If you take the ring-fencing of funds, every local authority
had to comply with the Government's intentions as to how money
was spent and report in a way, so even our greatest critics among
the members of the Local Government Association from perhaps rival
parties would agree that all of local government was being held
back by some of the existing provisions. Therefore, I think it
is a question of removing as many of those restrictions as we
can and in giving rights, to make sure that they cannot be overridden.
Q525 Heidi Alexander:
I am sure that we will spend a lot of time over the next couple
of days talking about neighbourhood planning, but let me put it
to you that under the local development framework an authority,
in responding to community pressure, could have decided to do
a piece of supplementary planning guidance for a neighbourhood
area and could involve the community in that, making sure that
that piece of supplementary planning guidance was in general conformity
with the local development framework for the area as a whole.
Do you ever worry about the fact that, with the neighbourhood
plans and forums that you are setting up, you are stoking up expectation
among local communities that may inevitably be disappointed?
Greg Clark: I do
not think they will be disappointed, but in terms of continuity
we deliberately modelled neighbourhood development orders on the
local development orders introduced by the previous Government.
It was very much modelled on the right for a local authority
to create, as it were, a special planning zone in an area, and
we have learnt from that. What we have established is the right
for a neighbourhood to do that even if the local authority is
resistant to it, and there is a process of dialogue and agreement.
I think it is a good example of making use of a procedure that
is not entirely novel but entrenching rights for people to do
it. This is not the occasion to talk about the failures of the
planning system that we have collectively inherited, but I think
everyone would concede that the opportunity for local engagement
is not what it might be and, more than that, has been one of the
principal reasons for so much antagonism in the planning system.
I think most people would accept a greater degree of local participation.
It is hard to imagine that there is anyone who could not think
that was a good thing.
Heidi Alexander: I am
not sure that that antagonism will necessarily go away but we
will leave that for another day.
Q526 Chair:
Is there a model of how neighbourhood planning works elsewhere
in the world on which you have drawn and we could look at?
Greg Clark: As
I said in response to an earlier question, we have not modelled
these reforms by just taking off the shelf another country's approach
and adopting it, but in planning, the Dutch approach, in terms
of its opportunities for neighbourhoods to come together, provides
some lessons from which to learn.
Q527 Simon Danczuk:
Do you intend to devolve more responsibility in decision-making
powers to directly elected mayors than you do to other local authority
structures?
Greg Clark: We
are considering what package of powers might be available to mayors.
We have said that as the Bill progresses we will come forward
with some suggestions as to the powers they might have.
Q528 Simon Danczuk:
Anything in particular?
Greg Clark: It
is probably premature to talk about that, but I will happily come
back to the Committee to set it out with the reasons when we have
put it together.
Q529 Chair:
Is there any timescale for that?
Greg Clark: It
is during the passage of the Bill.
Q530 Chair:
It would be helpful to have a note on that.
Greg Clark: Yes,
absolutely.
Q531 Chair:
Where you have the elected mayor taking the executive decisions
and the public deciding on the budgets through a referendum and
the community deciding on various things to do with planning,
what is left for the local councillor to do?
Greg Clark: The
role of a local councillor is significant in many ways. In a
mayoral model there is a very important scrutiny function, for
example, just the same as in Parliament. You do not need to be
a member of the Government in order to play a useful role as a
representative of local people both as a community champion and
community leader. We all exercise that responsibility very actively,
but in terms of debating the things that the mayorthe Government
for the purposes of comparison heremight be doing, we are
also important contributors to what is in the Government's or
the mayor's mind, and scrutineers of that.
If I may be so bold, your Select Committee is a good
example of that. Its members are not members of the Government
but, as I said at the beginning, I very much welcome this inquiry
and will take very seriously the conclusions you come to; they
will influence my thinking and, I hope, that of my colleagues
in Government. You will also, quite rightly, pass judgment on
whether you think the Government is doing the right thing and
well enough.
Q532 Chair:
I accept the point that if you are not a member of the Executive
you can still contribute, but generally we do not have direct
referendums constraining our decisions in Parliament in the way
referendums will potentially constrain how local councils operate.
Greg Clark: The
referendum for a council tax increase, for example, follows a
proposal from the council leadership or mayor to have an increase
that is beyond the level at which it would have been capped, so
I would assume there would be pretty vigorous discussion as to
why this was desirable and what it would be used for. Therefore,
it is not a true reflection of the model to say that the decision
as to what the council's budget should be is, as it were, put
out to the community to decide on and then the mayor and council
just implement it. There is a proposal put out for ratification,
if you like.
Chair: It would be interesting
if we could have put the VAT increase to a referendum, but perhaps
we will not go down that road today.
Q533 George Hollingbery:
Minister, you mentioned a couple of times local government finance
and the review that is going on. Let us set aside for a moment
the argument about community budgets and national income and focus
entirely on local government. As a former local councillor, it
seems to me that there is really no localism without fundraising
locally. One of the great problems we have had recently is that
only 5% or so of what I could do as a local councillor was something
I could control. The only way to remedy that is to have the money
raised locally and for local councillors to be entirely responsible
for that and to be held accountable for it. What options do you
think the review of local government finance should look into?
Are you an enthusiast, like the Deputy Prime Minister for example,
our close colleague, for a hugely increased role for tax-raising
locally for local government?
Greg Clark: The
first thing to say is that local government finance and the opportunity
for councils to make meaningful decisions over the finances is
not just about tax raising. Getting rid of ring-fencing so you
can make local decisions and be accountable for the money you
get from central Government is an important part of that. I think
there is a very important component for participating in and being
given the right to access some of the money that at the moment
slips through the fingers of local government and goes straight
to the Treasury in effect, so the new homes bonus and the community
infrastructure levy and the reforms we are making there to require
a proportion to be spent in neighbourhoods make for a much more
meaningful discussion about spending than we have had so far.
We have council tax referendums rather than the capping of council
tax. There are big steps forward there, but it is well known
and well established that that is a direction we want to go in,
and you are absolutely right to say that the more localist you
are, the greater the reflection of councils' behaviour is in financial
matters.
Then you come to the question of local revenue raising.
Again, this goes to one of the themes about localism. You could
imagine a very crude way of thinking whereby we just make every
local council completely independent of the state and not bother
about what it can raise and spend and say, "You are on your
own." That would be crude. The fact is that we all know
that the local government financial settlement and system involve
two things. One is revenue raised locally but the other is an
equalisation. For better or for worse, there are different parts
of the country that have a different capacity to raise revenue
from others and often have needs that are also different. It
is often the case that they point in opposite directions, so places
with very high needs might have a reduced ability to raise the
funds necessary for that. Therefore, it would be nice to imagine
a circumstance in which we did not have to think about that but
we do because it is real, it exists, and it would be wrong just
to cast everyone loose.
Q534 George Hollingbery:
One accepts there will always be councils that need help. I totally
understand that. There are issues about buoyancy of taxation and
all sorts of other technical issues. Is the direction of travel
that you personally as the Minister for Decentralisation would
like to see towards more local raising of taxes or not?
Greg Clark: Yes.
Q535 George Hollingbery:
And not just NDR but allowing councils to raise more of what they
then spend?
Greg Clark: That
is the direction of travel. The point about a direction of travel
is that you need to consider the actual steps to get you there
and they are not without complication. What we have said initially
is that we will look at an NDR regime, which in some ways is a
microcosm of the system. There are authorities that raise a lot
of money in business rates and pass them to the Treasury and have
fewer demands than others. If we start with the clear intention,
as we have done, of making it more worthwhile for communities
to respond positively to business that is the right way to start.
The direction is clear, but I think we need to proceed with it
sensibly.
Q536 Chair:
Therefore, you are on the side of the Secretary of State or the
Deputy Prime Minister?
Greg Clark: Everyone
is always very keen to find differences of view and opinion, but
the territory we are in genuinely does represent an area in which
there is very strong commonality of views between members of the
coalition and, if we leave aside our party colours, a lot of people
across Parliament. One of my predecessors, John Healey, suggested
recently that things got a bit too centralised and the drift needed
to be corrected. I do not regard this as being a dividing line.
Chair: It is one of the
few issues on which I might actually agree with the Deputy Prime
Minister.
Q537 Mark Pawsey:
Minister, you have argued that the process of localism is about
better decision making locally. You have not spoken about this
being a financially driven matter, but what are the costs of localism?
Will localism save money or cost local taxpayers more?
Greg Clark: I do
not think it will cost taxpayers more because, if you take the
right to challenge for example, and give local people an opportunity
to say how things could be done differently, that approach will
be taken up only if it can do a thing better for the same amount,
or do the same thing for less. One of the virtues of unleashing
this type of reform is to bring in the possibility of innovation
driven by the bottom up that is absent from the present system,
where things have to come from the top down.
I am not someone who abuses the motivations of those
who introduced the system we have; it arose genuinely because
people took the view that you needed to distil a set of operating
instructions in an expert way at the centre and then require everyone
to follow them and that would bring up performance - I think that
is why people did it. However, one of the reasons we have to change
the system we have inherited is that the centralised approach,
even with the best intentions, is quite an expensive system to
operate. If you are to promulgate instructions from the centre
you need people to do that; you need people who receive those
instructions in the subordinate institutions, as it were, and
turn them into practice. They then need to report on how they
are doing what they are told to do, which involves more people,
and then you need people at the centre who receive those reports
and presumably analyse them and look for deviations and exceptions.
You then send people in to correct them. It is quite an expensive
system.
One of the reasons the Local Government Association
pressed for the repeal of the CPA regime and various allied aspects
was that it was very costly, quite apart from being dysfunctional.
Therefore, I think that getting rid of this and allowing for
innovation offers the opportunity to save money.
Q538 Mark Pawsey:
On the one hand you get rid of the cost of bureaucracy, but is
not the danger that on the other side you have lots of smaller
organisations going about doing their own thing; they are not
joined up, and on issues such as procurement the economies of
scale get totally lost? Is there not a danger that that additional
cost, and perhaps people championing local causes and drifting
off with grandiose schemes, might compensate for the savings made
by this bureaucracy?
Greg Clark: Take
the right to challenge, which is perhaps one of the purest expressions
of this, if it is going to cost more money you would not do it
unless you thought that the transformation of service to the people
in receipt of the services was so pronounced that it was worth
it. Therefore, I do not think that is going to happen, because
if it costs more money you would not take it up. It is a right
to challenge rather than a right to insist. More than that, just
because something is done differently and locally does not mean
to say that it necessarily costs more money. Often there is a
greater sense of economy that comes from people operating in a
way that is closer to their community. The more insulated people
are from people on the ground, the more inefficiencies can creep
in and be undetected. It is also the caseI do not want
to labour thisthat there are opportunities to have joint
procurement even when you have a decentralised number of providers.
I think the free schools network is an example of this. I imagine
there would be quite a lot of joint purchasing among the independent
schools.
Q539 Mark Pawsey:
Following on from that, is it going to impede the success of localism
or is it a good thing that we are doing it in a time of austerity?
Greg Clark: It
is certainly not a good thing. I think it is something that is
actually unrelated to it. The reason I was given this job was
that I wrote a pamphlet in 2003 on the drivers of centralisation
as I then saw being established six years into the previous Government.
That was at a time of relative plenty and prosperity. At that
time, I was arguing that that would suppress people's initiative,
make for a less dynamic and diverse way of doing things and would
turn out to be costly. Therefore, it is a set of reforms that
was needed whatever the circumstances. We happen to be in difficult
economic times. As it happens, I think that getting rid of some
of the apparatus of the centralised system, such as the CAA regime,
releases some funds that might make a useful contribution to the
economies that people have to make anyway, but I would want that
done at any time.
Q540 Simon Danczuk:
Decentralising even further down local government and getting
services delivered, as you have just been saying, by local people
sounds on the face of it potentially a good thing. A number of
us met with the Council for Voluntary Service in Exeter. The
chief executive was concerned about large national charities coming
in to deliver local services. My question is: what safeguards
are you putting in place to stop that happening? He was comparing
it with the cloned town centre where you have lots of national
charities taking over local services as opposed to the local voluntary
services taking them over. What are the safeguards against that
happening?
Greg Clark: I am
not sure I agree with the description that these are cloned services
nationally. My experienceI do not know about other Membersis
that even with national charities, when they have local branches,
they tend to have quite a local character to them. I think of
Age Concern in my constituency, for example. It is part of a
national network but is absolutely local and is run by people
who are part of the community, know everyone in the community
and are really in touch with the needs of that community. I think
this goes for some of the other charities. I think of the Alzheimer's
Society. Again, it is part of a big national network but has
a very intimate relationship with local people.
In terms of spreading opportunities to do things
differently, I think a good national charity can be a lot of help
to communities that need assistance. The common denominator of
a lot of these national charities is that they are in business
to make a difference to people and help them. Therefore, if they
spot an opportunity, that here is a part of the country where
services are not being provided terribly well at the moment, and
therefore by implication people, often quite vulnerable, are not
being as well looked after as they might be, it is completely
consistent with their mission to say, "We know how to provide
services; we've done it successfully in this and that part of
the country. Let's see if we can turn things around there."
I think the consequence of doing that would be to
do what we really take for granted in private business. If someone
has a good idea, it spreads like wildfire across the country.
I would like voluntary organisations to have the same thing rather
than a fantastic success in one place. It is a nightmare; it
becomes almost impossible to replicate that in other places.
I would like the opportunity for successful voluntary organisations
to be able very quickly to work their magic in other communities,
confident in knowing that, almost without exceptionI cannot
think of anythe way they tend to do it in my experience
is very much with the grain of local people anyway.
Q541 Simon Danczuk:
Therefore, there are no safeguards for this to be a stepping stone
to the privatisation of services, so they go from the public sector
monopoly you talk about to the voluntary sector of social enterprise,
and if there is a failure at that level, it then goes to private
provision. There are no safeguards for that either.
Greg Clark: There
is no difference compared with the present situation. The right
to challenge is just available to voluntary organisations and
social enterprises. We are debating the definition of this.
We could have made it available to businesses. We chose not to
do that; we wanted it to be a community right to challenge. We
had the discussion we have just had as to whether you should ban
national voluntary organisations from this but, for the reasons
I have said, we concluded that it could help communities, especially
those suffering particular problems. But we have not established
any means for private companies to access this right.
Q542 Simon Danczuk:
So, in terms of that provision if it went to the voluntary sector
it could not then go off to the private sector after that?
Greg Clark: No;
it stays with the voluntary sector. If they were to give up the
contract or whatever, it would be just as same as anyone giving
it up at the moment. It goes back to the authority. There is
no requirement for it to go elsewhere.
Q543 Bob Blackman:
One of the exciting things about this for people at local level
is the opportunity for community assets to be transferred to organisations,
but often those will be dependent upon one, two or possibly a
slightly larger group of individuals who are keen to make things
happen at a particular time.
Greg Clark: Yes.
Q544 Bob Blackman:
How will you make that sustainable in the long term and ensure
this is continuous rather than that someone comes up with a bright
idea and says, "Yes, we'll do this," and suddenly they
either move away, get fed up or decide to go off and do something
else?
Greg Clark: I think
all communities have community leaders. There are people who
are more active than others. The idea that someone, or a group
of people in their community, inspires other people to participate
is the way things have always been. If you look throughout our
history, people have been motivated to make a difference and have
organised people to come along with them. I think we are creating
more opportunities.
One of the things you considered was the MORI survey.
I am pleased you have alighted on it in this inquiry because
when I talk about decentralisation it is one of the slides I take
around. At the moment only 15% of people think they can have
any influence on decisions made about their community; 85% think
they have no influence over that. Even more alarming in some
ways is that of the 15% who are involved in decision-making bodies
in their communities, more people who are involved think that
they have no influence over decisions made in their communities
than do, even among the people who actually sit on the boards
of these things. Therefore, we inherit a situation in which the
vast majority of people feel they have no influence over the future
shape or organisation of their communities. Even of the people
who are active, 56% think they cannot have any meaningful influence.
What we are doing in providing these opportunities
and rightsthings that have a bit of edge to themis
doing something that I hope will transform that situation and
that more people will think there is a reason to get involved
because there is something you can do about it; and, hopefully,
even more, that the people who are involved will think there is
a purpose in being involved rather than just being a name on a
list.
Q545 Bob Blackman:
One of the other issues is that local authorities in the budget
round this year are often deciding to reduce funding to voluntary
organisations and close down community facilities. The Localism
Bill will not take effect for the best part of a year. Therefore,
the opportunity to do some of these exciting things in the community
will be reduced because the funding, the people and support will
not be there. How do you answer that?
Greg Clark: First,
I think it is premature to say that this typical or the majority.
As you know, councils are considering these matters. Every day
there are examples of councils that reflect the kind of discussion
we just had: that there are opportunities to engage with their
local community that offer to do things better and sometimes more
cost-effectively. I think it is a bit premature to say that most
councils have not decided to do that.
It comes back to the discussion Heidi and I had about
whether you need these safeguards and protections and whether
you cannot just rely on the good will of all councils to do the
right thing no matter what. My view is that there should be these
rights, and if they had been enacted five years ago, there would
not be the same power in these councils at the moment to make
these decisions. They would have to act in a way that reflected
the power that the community has.
But I share Heidi's view that more councils than
perhaps is perceived to be the case recognise that to cut disproportionately
the voluntary sector would not just be the wrong thing to do but
would be a bizarre and counter-intuitive thing to do. I hope
this will be quite a prominent issue in the election campaigns
coming up and people will feel the consequences of their electors
if they behave in a way that is unnecessary.
Q546 Bob Blackman:
That is quite difficult in London when we do not have elections
until 2014. Perhaps I may press you on what happens to community
assets that are closed down by local authorities now in the current
budget round and before the Localism Bill becomes an Act of Parliament
and therefore the community right to challenge is ingrained.
What happens to those community assets if local authorities just
dispose of them?
Greg Clark: I would
expect and hope that every local authority seeing the provisions
that are to be introduced in the Localism Bill act consistently
with the principles that are being established as public policy.
As you know, the Government simply do not have the means to direct
particular authorities to do particular things. The Government
never have had those means and have not had them for many years,
so it is not as though we have powers that we are not using.
But the expectation of the Government is very clear. We have
set out in terms of the transparency regime that we expect councils
to make a full account of what they are spending on the voluntary
sector. When the average reduction in budgets is 4.4%, councils
that cut disproportionately and first, rather than look for opportunities
to involve the voluntary sector more widely, are bad councils
and ought to be castigated for that.
Q547 Bob Blackman:
My final question, because I see that others are twitching to
get in on this, is are you saying that the Government are powerless
to stop the closure of these community facilities in the current
year and there is no action that local people can take?
Greg Clark: No.
What I am saying, Bob, is that it is no different from how it
has been for the last 40 years. There were never powers to require
councils to invest in a particular community centre. Even if
I were to be introducing these in a Bill, which I am sure you
would castigate me for in this Committee, that could not be done
overnight anyway. Therefore, I think it is important to send
a messageI hope this Committee will want to send a messageto
every council that to choose not to involve the voluntary sector
more is the mark of a bad council.
I was just reading a letter that I got today from
the leader of Reading Council, which has chosen to increase the
budget for the voluntary sector in anticipation of this. Last
week I was talking to the leader of one of my local councils who
said that his proposal to his budget committee would be to increase
the budget for the voluntary sector for precisely these reasons.
I hope and have some degree of expectation that that will be
more typical than is perhaps thought at the moment before we get
to the time when actual budgets are being set.
Q548 Heidi Alexander:
Have you instructed your officials to look at the definition of
best value in relation to the disposal of community assets?
Greg Clark: Not
specifically. I think the question of best value is being looked
at generally.
Q549 Heidi Alexander:
It seems to me that quite a significant amount of work probably
needs to be done in order to start to help councils address the
conundrum they face in the transitional period, between what might
be happening as a result of budget decisions taken in the next
few weeks and before the Localism Bill is enacted. It would be
quite interesting for our Committee to understand what work is
taking place in your department on that.
Greg Clark: Perhaps
I could drop the Chairman a line.
Chair: That would be helpful.
Q550 Steve Rotheram:
I have to say it is slightly disingenuous for the Minister to
use the national average of 4.4% and say that therefore if anybody
makes cuts
Chair: I do not think
we accuse the Minister of being disingenuous, even slightly.
Can you rephrase the question, please?.
Q551 Steve Rotheram:
Okay. I think the Minister is mistaken if he believes that councils
are bad purely because they cut. If there is a national average
of 4.4%, not all councils obviously get that. If it is an average,
obviously some are under and some are over, some significantly
over. Some councils are facing double that particular cut, so
it is a full 8.8% reduction. Believe me, the last thing any council
would want to do is make cuts to the voluntary and community sectors,
but there are councils that are having to do that and make those
awful decisions. Simply because of the front-loading and the
formula that is used to determine it, the councils most in need
of assistance and help seem to be the ones that are being clobbered
the hardest. Therefore, the community and voluntary sector is
the ones on which they will have to rely on the most and yet they
will have to make cuts to that particular budget line. Therefore,
it is not good enough to say it is a 4.4% cut and therefore nobody
should suffer more than anybody else. There are people whose
budget allocation is significantly less than that.
Chair: We are perhaps
straying a little from the main issue.
Greg Clark:
We could have another discussion of local government on the settlement.
Did you have the Secretary of State before you?
Chair: Yes.
Greg Clark: I recognise
that 4.4% is the average and some have more than that; some have
twice that, but I think there is a more general point. Just to
parcel this out proportionately is to miss the kind of opportunity
that the Localism Bill embodies, which is to see whether the voluntary
sector can help.
The principle of the right to challenge is that the
voluntary sector and community organisations should have the opportunity
to say whether things could be done differently. Sometimes that
will save money; sometimes it will not, but if things can be done
better, there is no need to wait for the Localism Bill to be implemented.
Therefore, any council that is considering reducing the budget
to the voluntary sector should not think just in terms of having
a kind of wall around the funding and saying this is the voluntary
sector budget. First, they should be taking down that wall, looking
across its services and saying, "Are there opportunities
for you to do more in other areas, even if we are not going to
do the same in this area?" so they can break out of that
corral, if you like.
Secondly, they should reflect before making a decision
and voluntary organisations should be given the chance to make
suggestions and representations as to how the whole of the budget
can be better managed. I am saying it would be wrong to say,
"The budget is being cut by a certain percentage and we're
going to allocate it evenly." I think they should invite
voluntary organisations to sit down and say, "This is our
budgetary situation. What could you do? Are there any things
we are doing in a certain way that you think could be done in
another way?" I think that good councilsas Heidi
says, across the country they are mostly good councilswill
do that.
Q552 David Heyes:
If you succeed in prising local authority fingers off the levers
of powera phrase you used earlierand service delivery
is pushed down to community groups, voluntary organisations and
the private sector, how will those bodies be audited?
Greg Clark: Mr
Heyes, it is no different from the present situation. They will
be providing services under contract to the local authority.
Q553 David Heyes:
Much of what is being proposed here, genuine localism, will remove
the local authority from the scene; they will be bypassed and
services will be delivered directly by community groups, voluntary
organisations and others outwith a contractual arrangement with
the local authority.
Greg Clark: No;
they would all be within the contractual arrangement. The provisions
in the Bill give people the opportunity to say they should be
able to be considered for providing a service, but if they are
accepted then it is subject to the contractual regime of the council,
and quite rightly so for the questions of accountability that
you implied.
Q554 David Heyes:
There is much talk about them being held to account by local people.
How would that be achieved?
Greg Clark: The
councils?
Q555 David Heyes:
The groups, voluntary organisations and others that deliver services
in future will, you say, be held to account by local people.
Greg Clark: The
decision to make use of them will rest with the council. They
do not have the right to displace the existing way of doing things
without the council agreeing to it. The council must accept that
different approach, so it is the council's decision that is relevant.
Therefore, the council should be held to account for making that
decision, and it is also subject to the contractual system that
the council practises.
Q556 David Heyes:
If you are comfortable that this audit will be achieved through
contractual arrangements that is not a view shared by the Public
Accounts Committee. I do not think it is a view Sir Gus O'Donnell
shares, is it? Has he not tasked your permanent secretary with
looking at precisely where accountabilities will lie in future?
Sir Gus is quoted as saying three weeks ago, "I think this
is something we need to sort out." Are you saying that it
is sorted out and it is not a problem? What is it that needs
to be sorted out?
Greg Clark: I think
you will find that when Sir Gus comes to look at it across the
piece the reporting lines for the use of public money are established
and are as robust as they are. I was on the Public Accounts Committee
in the last Parliament when we considered these matters. We did
an interesting piece of work to ask whether there was any greater
record of fraud or mismanagement on the part of voluntary organisations
than on the part of either the private sector or public sector.
The advice of the Comptroller and Auditor General at the time,
based on an inquiry that he conducted, was that there was not
any greater track record. Mistakes were made by the public sector,
private sector and voluntary sector but there was no increased
incidence. I think it is really important that we do not inadvertently
and unthinkingly suggest that there is something more risky in
terms of the use of public funds in contracting with a voluntary
organisation than with any other type of organisation. Empirically,
there is no greater loss of funds with them than anyone else,
and I think we should be rigorous about the use of public funds
across the board rather than in some way finger voluntary organisations
with suspicion.
Q557 David Heyes:
Therefore, was Sir Gus mistaken in asking your permanent secretary
to look at this? Sir Gus said three weeks ago, "We are doing
some very new things here; payment by results for a lot of contracts
will create some issues about precisely where the accountabilities
lie. I think that is something we need to sort out." You
are saying that is just a mistake, misunderstanding or failure
to realise that local authorities will do this through contractual
arrangements.
Greg Clark: That
was for local authorities under the right to challenge. Payment
by results is more about the welfare-to-work reforms. As he said,
these are different arrangements from how they have been done
in the past. It seems to me perfectly reasonable, in fact unexceptional,
that the Government's accounting officer would want to make sure
that the oversight he had was as good as it always had been, but
I do not think there was any implication in what he said that
he had any reason to believe that they were not. He reasonably
said as the Government's chief accounting office that as payment
mechanisms change you need to make sure that your guidance as
to practice of oversight reflects that.
David Heyes: I will not
press you because of time constraints.
Q558 Chair:
Is the report going to be made public?
Greg Clark: I did
not even know there was going to be a report. You are better advised.
Q559 Chair:
You will understand that we get all our intelligence from the
Guardian.
Greg Clark: My
understanding, as I just said to Mr Heyes, is that it is a reasonable
thing. I think Sir Gus was appearing before the Public Accounts
Committee and was asked about accountability where there were
different and new payment mechanisms. My understanding is that
he reflected back that, of course, as accounting officer he would
in the normal course of things make sure the practice was up to
date. I do not think there is any formal inquiry with a report.
It was reflecting what he would do as Government accounting officer.
Q560 Chair:
I think that in his evidence to the Public Accounts Committee
Sir Gus said that he would he happy to pass this on to the Committee,
so can you make sure we have it?
Greg Clark: I think
you might invite Sir Gus to do that.
Q561 Chair:
Okay; we might ask for that. Finally, was the term "guided
localism" a carefully thought-out policy in which you were
involved or a throw-away line by the Secretary of State?
Greg Clark: I think
what Eric meant by that was really what we have been talking about.
There is a version of localism that says everything goes to the
neighbourhood or the local authority. It is guided in the sense
that we are establishing certain rights. Sometimes these are
rights that people in power would rather did not exist, but we
are nevertheless going to insist on them. I suspect that is what
he was referring to.
Q562 Chair:
Is there not a dilemma here? All Ministers and Secretaries of
State are politicians and have views on things, but if responsibility
is handed down to local authorities to decide on their refuse
collection policies, or the ring fence is taken off the Supporting
People programme so local authorities can make choices and decisions,
when they make those choices they are immediately castigated for
making the wrong ones. Is not localism also about a cultural
change as well as a legal change?
Greg Clark: You
think it is that. I have a very clear view on that. I think
it is the right thing to decentralise and not respond to every
situation by taking yet more powers to the centre. But does that
mean you do not have an opinion on things and you regard anything
that is ever done as being for the best in the best of all possible
worlds? Clearly not. What the Secretary of State has said on
occasions, whether it is to do with bins or whatever, is to express
his view, but you will notice that he has not taken a power to
require weekly bin collections. As I have said to you today about
voluntary organisations, I will not be slow to say that I think
it is a mistake for any local authority to cut funds to the voluntary
sector and they should as a matter of good practiceit is
bad practice if they do notmake sure they have a proper,
open discussion with the voluntary sector now to anticipate the
rights in the Bill and invite it to say how it could do things
better. I think I am entitled to express that view. All of us
in public life are elected to give an opinion on things, especially
if we see things that could be done better.
Q563 Chair:
But do you accept that if we are to change the culture and localism
is a force that will continue then there is a responsibility on
all politicians, particularly at national level, to give a clear
impression to the public that they not actually responsible any
more for some of these matters and real responsibility rests somewhere
else?
Greg Clark: I think
that is right, but it is also a timeI think it was alluded
to in some of the other questionsof robust debate. One
of the great things about localism in my view is that things are
not driven by some invisible bureaucratic process in which people
are given the result. There will be discussions as to what is
the best thing to do and those discussions on occasionMr Danczuk
made the pointwill be pretty robust and vigorous. The
Secretary of State in all my years of experience with him specialises
in that.
Chair: On that point we
have probably reached agreement. Thank you very much indeed,
Minister.
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