Prospects for codifying the relationship between central and local government

Written evidence submitted by the National Association of Local Councils (NALC)

(LG 13)

1. As you know, the National Association of Local Councils (NALC) is the nationally recognised membership and support organisation representing the interests of around 9,000 parish councils and many parish meetings in England .

2. The parish councils and parish meetings we support and represent serve electorates ranging from small rural communities to major cities, and raise a precept from the local community. Together, they can be identified as among the nation’s most influential grouping of grassroots opinion-formers. Over 15 million people live in communities served by our parish councils , around 35% of the population, whilst over 200 new parish councils have been created in the last 10 years.

3. Pa rish councils and parish meetings work towards improving community well-being and providing better services at a local level. Their work falls into three main categories:

§ representing the local community;

§ delivering services to meet local needs; and

§ striving to improve quality of life in the community.

4. Through a range of powers, parish councils provide and maintain a variety of important and visible local services including allotments, bridleways, burial grounds, bus shelters, car parks, commons, community transport schemes, crime reduction measures, footpaths, leisure facilities, local youth projects, open spaces, public lavatories, planning, street cleaning, street lighting, tourism activities, traffic calming measures, village greens and litter bins. These existing powers were strengthened by the extension of the well-being power to eligible parish councils in 2008.

5. NALC provides support and advice directly to our member councils through a network of county associations. Working with and for our member councils, we are actively involved in working with, and influencing, g overnment and other bodies at a national level to advance and protect the interests of local councils and the communities they serve.

6. The National Association welcomes in principle the publication of the draft Concordat, but does rather wonder why it was not asked to present evidence to the Political and Constitutional Reform Committee during its deliberations on the first draft. The fact that local (parish and town) councils are hardly mentioned at all in the draft document reflects this formative fact, and belies a lack of vision and breadth of understanding of the wider local councils’ sector because of this omission. That said, commenting on the draft document per se, we welcome Parliament recognising free and independent principal local authorities and local councils in England, accountable to local citizens. It is an if truistic statement that such councils should independe n t ly be able to represent, unfettered, the needs of their residents. We welcome the Painesian reference to equality and protection under the law for principal local authorities and think that, despite the General Power of Competence com ing the way of local councils- they should also be covered by this umbrella.

7. Below are the National Association’s thought s on the Co ncordat’s nine draft articles ; responses received from the wider local councils’ sector are included in the Annex to this submission;

Article 1 : General Intent

8. We agree that the draft Code should represent a consensual agreement between central and local government, but obviously think that this should include local councils and not just principal local authorities. The suggestion that councils or central government could seek legal adjudication should it be felt that there had been a breach in the Code is acceptable, but somewhat defeats the localist object of autonomy and laissez-faire non-interference.

Article 2: Local Autonomy and Local Self-Government

9. We agree with the statement that councils are democratically elected and autonomous bodies. It is also right that councils are codified to govern the public affairs of residents within their boundaries not otherwise the responsibility of other public authorities. We re-enforce our support for the General Power of Competence being extended to local councils. Local councils and principal local authorities should be trusted to use such powers and do so without being fettered.

Article 3: Scope of Local Government:

10. We agree with the assertion that local government should be consulted as early as possible by central government departments, within decision making processes. This obtains especially if local government and their communities will be directly affected by changes in central government policy.

Article Four: Inter-Governmental Activities

11. There is no intrinsic problem with central government and local government being allowed to set up suitable joint inspection regimes, but in the current financial climate the transparency agenda will weed-out incompetence and malpractice anyway.

Article Five: Territorial Autonomy

12. It is obvious that any changes in the boundaries for local councils and principal local authorities should by conducted by the Local Government Boundary Commission for England, involving a referendum.

Article Six: Council Governmental Systems

13. Whilst we agree it is right that any principal local authority should be able to adopt the system of governance it wishes, having to review such systems every eight years (unless there have been obvious and public problems with the same), would be a mammoth waste of officer time and money.

Article Seven: Local Government Financial Integrity

14. We agree that local government should not be capped in terms of its fiscal taxation abilities. This applies to council tax as much as the parish precept. We also agree that transparency should apply as much to central government as to local government.

Article Eight: Councils’ Right And Duty To Co-operate And Associate

15. It is obviously true that councils should be able to freely associate, domestically and internationally, with any honourable and transparent body which will help ameliorate the quality of life of its residents.

Article Nine: Local Referendum

16. Again, it is axiomatic that any local authority conducting a referendum should be judged against the Electoral Commission’s standards for such referenda.

Article Ten: Legal Protection Of Local Government

17. It is right that local councils and principal local authorities should be able to use the General Power of Competence free from legal or political interference.

June 2012

Annex- Responses From The Local Councils’ Sector To The National Association o n The Draft Central/ Local Governance Concordat

Respondent	Comments
Christine Lalley	I am afraid the first paragraph of the concordat illustrates the fact that this tier of local government is always forgotten and not treated as an integral part of local government. Town and parish councils are not included in the list of local authorities. The document appears to be an academic exercise rather than a document which would be of use to our sector.