4 A new relationship
"We should reverse the trend of the last 100
years, which I think has neutered vast areas of this country outside
London"—Rt Hon Lord Heseltine.[43]
REBALANCING THE RELATIONSHIP
64. The draft code for relations between central
and local government is an attempt to take the debate regarding
the centralisation of power in England to the next level. Some
83% of the population of the UK reside in England, and while people
in other parts of the Union have statutory devolution, people
in England do not. Elected representatives in the Devolved Assemblies
and Legislatures make decisions for populations comparable to
those of England's larger regions. The UK Government still takes
decisions on behalf of over 50 million people living in England.
65. The codification of the relationship between
central and local government would also clarify the roles and
powers of each level of government. Taken together with the new
general power of competence given to local government in the Localism
Act 2011, it is likely that codification would lead to a decline
in litigation relating to a local council's power to act, as that
right would be doubly enshrined in law.
66. The Commission on the consequences of devolution
for the House of Commons, also known as the McKay Commission,
is considering "how the House of Commons might deal with
legislation which affects only part of the United Kingdom, following
the devolution of certain legislative powers to the Scottish Parliament,
the Northern Ireland Assembly and the National Assembly for Wales."[44]
However, the Commission is not directly examining the fact that
power in England is extremely centralised in comparison to other
countries in Western Europe. We will revisit this aspect of the
English Question in our forthcoming report into whether there
is a need for a constitutional convention for the UK.
67. The Association of North East Councils put it
succinctly: "At a time when more powers are being devolved
to territorial administrations, local authorities in the largest
country in the United Kingdom remain subject to extensive legal,
financial and regulatory constraints. This cannot be right or
equitable".[45]
If local government were to be given enhanced power, enforced
by statute, this could go some way towards ensuring that local
people had more say over policies that affect their lives. Councillor
Mehboob Khan, Leader of Kirklees Council, stated that codifying
the relationship between central and local government in statute
"would be an important step towards radically revitalising
local democracy".[46]
68. Tony Travers, local government expert and Director
of LSE London, a research centre at the London School of Economics,
told us that he thought a constitutional settlement for England,
which devolved power to local government, could be a possibility:
I think it's not unimaginable that there could be
a sort of England Act that sought in a once and for all way to
create a constitutional devolution settlement within England for
local government, possibly subjecting it to a referendum, which
would give it the quasi constitutional status that the Scotland
and Wales arrangements have given to Wales and to Scotland.[47]
69. It will always be legitimate for central government
to set national priorities in certain policy areas, and the code
would not seek to deprive central government of this right. Much
work would need to be done to specify which powers and responsibilities
would remain with central government and which would lay with
local government. Consideration would also need to be given to
the role of the UK Parliament in the context of the devolution
of powers. National governments in many countries with devolved
settlements deliver on their political priorities by incentives
and programmes. That is not at issue. What is at issue is the
micromanagement by Whitehall of essentially local choices. The
centre should incentivise not mandate: one size does not fit all.
APPETITE FOR THE CODE
70. A majority of those who provided us with oral
or written evidence were broadly in favour of the idea of a code
and felt that the discussion about codification was timely.
71. The large cuts to budgets that local councils
were having to make due to reductions in central government funding
was cited by some as a reason for supporting codification. The
Association of North East Councils told us:
The current economic position makes it all the more
important to pursue this agenda. If, as seems likely, local authorities
are going to be subject to a further round of cuts in the next
spending review, it is imperative that they should be allowed
to be innovative and creative in working out their own solutions
to how they are going to continue to meet demands for services
in a changed financial climate.[48]
72. Sir Robin Wales, Mayor of Newham, wrote in favour
of the code:
First of all thank you for starting this important
discussion. I have long believed that we need much greater clarity
about the role of local government and clearer limits to the legitimate
boundaries of national government influence over what we do.[49]
This was reiterated by Sir Albert Bore, Leader of
Birmingham City Council, who stated:
We can debate further the precise wording of the
articles in the code. But I believe it is a banner behind which
all localists should unite in demanding the independence for our
local councils that is taken for granted in many other nations.[50]
73. The enthusiasm for the draft code displayed by
some respondents was most welcome. As Nigel Slack, a member of
the public, wrote: "this should be viewed as a new Magna
Carta, complete with scrolls, seals and a copy in every council".[51]
Others felt that only a code, enforced by statute, could reduce
the tendency of central government to involve itself too much
in local government affairs. Councillor Jillian Creasy of Sheffield
City Council said that she supported the draft code because "one
of the most disheartening and destabilising challenges facing
local politicians is the rapid change to the very structure of
our institution".[52]
If the draft code were introduced, local government would have
long-term stability.
74. Although at the political level the Government
supports localism, there were worries that, at the administrative
level, Whitehall would just pay lip service to the code if it
were introduced. Dr Catherine Durose, from the University of Birmingham,
and Councillor Ruth Dombey, Leader of Sutton Council, were sceptical
about whether central government, in particular the Treasury,
would be willing to let local councils keep more of the money
raised by taxpayers in their own localities. Councillor Dombey
stated simply that she supported the aims of the code but "the
prospects for establishing this financial independence though
would appear to be very slim given the centralist mindset of the
Treasury".[53] If
the code is to progress Ministers will need to exercise political
leadership within their respective departments.
75. The campaign group Unlock Democracy conducted
an online survey of 2,118 people between 26 October and 6
November 2012 to gauge the public appetite for codifying
the relationship between central and local government. The results
show that the vast majority of respondents, over 82%, were in
favour of clarifying powers across different levels of government.
Only 2% of respondents did not favour a code that clarified the
power held by different levels of government. Although Unlock
Democracy emphasised that their survey was not representative,
the survey suggests that there is some public appetite for clarifying
where power in the UK lies.
| Table 1: Should there be a code clarifying the powers of Whitehall, Parliament and local Councils?
|
| Answer Options
| Response Percent
| Response Count
|
| Agree |
82.3% | 1744
|
| Disagree
| 2.1% |
45 |
| Open Minded
| 13.5% |
285 |
| Don't Know
| 2.1% |
44 |
| Please explain the reason for your response
| 1402 |
| answered question
| 2118 |
Source: evidence submitted by Unlock Democracy
76. A clear majority of respondents were also in
favour of local government being able to run its affairs independently
of central government, a sentiment which was reflected in many
of the written submissions to the inquiry.
| Table 2: Do you think that local councils / authorities should be independent of central government?
|
| Answer Options
| Response Percent
| Response Count
|
| Agree |
59.4% | 1182
|
| Disagree
| 15.8% |
315 |
| Open Minded
| 21.4% |
425 |
| Don't Know
| 3.4% |
68 |
| Please explain the reason for your response
| 1181 |
| answered question
| 1990 |
Source: evidence submitted by Unlock Democracy
77. We heard evidence that some councils, after decades
of central government control, could find managing their own affairs
very challenging. Councillor Roger Gough of Kent County Council
told us:
It's a sort of Stockholm syndrome...There are one
or two anecdotes about things that have happened since the election
where Ministers have turned round and said, "You're on your
own", and people have said, "Oh, but there's going to
be some guidance, isn't there?" So there is an element of
it.[54]
Local government expert Tony Travers also concurred
with this view, adding:
As I understand "the Stockholm syndrome"
that is actually sympathising with your captors, isn't it? There
is an element of that about it. I think this goes further. At
some level it does suit both central government and local government
to have blurred accountability. The codification that you're discussing,
however achieved, would improve that. People would know where
accountability lay.[55]
Journalist Simon Jenkins stressed that if the devolution
of power were an aim, it should be implemented without waiting
for unanimous support. He stated:
Sometimes you have to be forced to be free; it's
an old cliché. But if the reason for not decentralising
power in Britain is that nobody wants it, or none of those people
on to whom you would be decentralising it wants it, you'll never
decentralise power.[56]
78. A few responses to the consultation were against
the idea of a code backed by statute. Councillor Mark Crane, Leader
of Selby Council, wrote to us: "my personal view is 'if it
ain't broke don't fix it'. I see no reason or logic for this legislation"[57].
Councillor Ray Manning, Leader of South Cambridgeshire District
Council, and Councillor Peter F Adams, of the Borough of Poole
Council, were also against codification. However, the evidence
set out in the previous chapters, the steps currently being taken
by the Government, and reports from the Communities and Local
Government Committee and the House of Lords Committee on Relations
Between Central and Local Government suggest that the current
overcentralisation of England is not a sustainable option for
the long term. Clearly, there is much room for improvement in
relations between central and local government.
79. We received a great deal of support for the
idea of a code for relations between central and local government.
We wish the Government to use this draft code as the start of
a national conversation. We urge all interested parties to engage
with the debate on how greater autonomy for local government could
be achieved in a lasting and meaningful way.
43 Uncorrected transcript of oral evidence taken before
the Political and Constitutional Reform Committee, The impact
and effectiveness of ministerial reshuffles, 13 December 2012,
Q 211 Back
44
Terms of reference for the Commission on the consequences of devolution
for the House of Commons, the McKay Commission, http://tmc.independent.gov.uk/
Back
45
Ev w13 Back
46
Ev w37 Back
47
Q 94 Back
48
Ev w13 Back
49
Ev w107 Back
50
Ev w106 Back
51
Ev w32 Back
52
Ev w35 Back
53
Ev w63 Back
54
Q 19 Back
55
Q 59 Back
56
Q 58 Back
57
Ev w31 Back
| 
