Transcript Like this - Cornerstone Barristers

The Local Government and Public
Involvement in Health Bill and the
Local Government White Paper
Damien Welfare
2-3 Gray’s Inn Square
Introduction
• White Paper, “Strong and Prosperous
Communities”, 26 Oct 2006
• “Local Government is a vital part of our
democracy”: Tony Blair
• White Paper is about: “a rebalancing of the
relationship between central government,
local government and local people”: Ruth
Kelly
LG and PIH Bill
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Part 1: Structural and Boundary Change
Part 2: Elections
Part 3: Executive arrangements
Part 4: parishes
Part 5: co-operation with partners (LAAs)
Part 6: byelaws
Part 7: Best Value
LG and PIH Bill (cont)
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Part 8: Local services: inspection & audit
Part 9: ethical standards
Part 10: Valuation Tribunal for England
Part 11: Patient and public involvement in
Health and social care
• Part 12: Powers of NAW
• Parts 13 and 14: Misc and Final Provisions
Timetable of Bill
• Second Reading (Commons), 22 Jan 2007
• Public Bill Committee Evidence sessions
(first Bill to go through this procedure)
commenced 30th January 2007
• Committee to be concluded 8th March
2007
• Report and Third Reading (Commons)
• Lords stages
Main areas for this presentation
1. Stronger executive powers/three models
(Part 3)
2. Community Call for Action (Part 5, Clause
92)
3. Reductions in Performance Indicators
(Part 7, Clause 107)
4. Unitary Status (Part 1, Clauses 2-4)
1. Stronger executive
(Background)
• 12 directly-elected Mayors
• 318 (four out of five) authorities have
Leader and Cabinet
• Remainder: reformed Committee system
• Most Leaders face annual election
• Research shows leadership is single most
important driver of change (WP)
Stronger Executive
powers/three models
• All Executive powers to be vested in
Mayor/Leader
• Three choices of leadership model:
a) directly elected Mayor
b) directly elected Executive
c) Leader elected by fellow Councillors
• All models to have four year mandate
• NB: all-party demands in Commons for
discretion to return to Committee model
Stronger executive (rationale)
• Greater powers to be balanced by clearer
accountability (WP, 1.18)
• Council to have strong role in scrutinising
Leaders’ actions, approving budget,
approving major plans
Delegation/appointments
• Mayor/Leader will discharge powers, or
delegate individually/collectively to Cabinet
• Mayor/Leader will appoint Cabinet
• Or if directly-elected Executive, will have
agreed those persons are on his/her slate
of candidates for election
• Mayor/Leader will allocate portfolios
• 318 LAs: new executive arrangements
Four-year terms
• Mayors unaffected (save Stoke: mayor
and council manager; to move to new
system)
• D/e executive: four years in all
circumstances
• Leader: authorities decide how Leader can
be removed during term
• If council elects by thirds or halves, Leader
stands down when term as councillor ends
Moving to new models
• Moving to d/e Mayor or executive: no
requirement for referendum: Council
resolution after wide consultation.
• Local people can still petition for Mayor
• Presumption of no moving back once
directly elected models adopted.
Whole council elections
• Turnout remains below 40% (inc mayors),
but higher in all-out elections
• Local authority may move to whole council
elections and single-member wards,
without SofS permission
• Single member wards: LA may ask
Electoral Commission to review, to which
Commission required to have regard in
planning programme
Stronger executives – key
clauses
• Clause 32: changing scheme for elections
• Clause 39: executive arrangements,
amends s 11, LGA 2000
• Clauses 44-48: directly- elected
executives and slates
• Clause 44: by-elections if slate elected
• Clauses 47/48: supplementary vote
system for executives
• Clause 49: Leader and Cabinet executives
2. Community Call for Action
• “When things go wrong local councillors,
supported by their communities, will be
able to demand an answer to their
questions”: Ruth Kelly (WP)
• Parallels remedy in Police and Justice Act
for crime and disorder
• Does not cover areas where statutory
appeals process (eg planning, licensing,
non-domestic rates)
CCfA (cont)
• Not intended to displace informal approaches,
nor internal negotiation
• Any cllr able to refer any “local government
matter” to relevant O&S Committee
• LGM = relates to discharge of functions, affects
electoral area of member (or person who lives or
works there), and not an excluded matter (crime
and disorder, or specified in order by SofS) – s
92(10)-(11)
Response to CCfA
• Power to make regulations as to
information which relevant partner
authority must provide to O&S cttee
• Insofar as actions relate to functions or
service delivery connected with the
authority (WP)
• Council to respond to O&S report within 2
months
Response to CCfA (cont)
• Duty on relevant partner authority to have
regard to recommendations when
exercising functions, in relation to local
improvement target in LAA
Scrutiny – other changes
• Encouragement to create area O&S cttees
• And to focus O&S at council level on
“strategic” issues (eg LAA priorities) and
policy advice (WP)
• Encouragement for councillors to have
small budgets to deal with local problems
(WP and clause 166)
CCfA – key clauses
• Clause 92: CCfA (new s 21A, LGA 2000)
• Clause 94: power of O&S Cttee to require
information from partner authorities
• Clause 95: requirement on authority to
respond within 2 months to O&S report
• Also: clause 166: exercise of functions by
local councillors
3. Reductions in performance
indicators
• Allowing “freedom and space” for councils
to respond flexibly to local needs (WP)
• “radical” reduction in national targets, and
tailoring others to local needs. Lighter
touch inspection system.
• Revision to Best Value duty
Performance indicators (cont)
• Three-tier system:
• a) Sustainable Communities Strategy
(overarching vision)
• b) local development framework (physical
development)
• c) Local area agreement (priorities for
improvement. Govt sees as heart of central/local
relationship). “New partnership locally” and
“mature conversation” with Govt
Performance indicators (cont)
• Single set of c 200 national outcome-based
indicators against which all partners report
(developed from national priority outcomes)
• About 35 local targets/priorities for improvement:
some non-negotiable or floor targets
• plus c 18 DES statutory childcare and education
attainment targets
• Plus any additional targets agreed by LAA (not
reported upwards)
• Youth Justice Bd (YOTs) and other inspection
regimes (eg PCTs, police) to be aligned
Performance indicators (cont)
• Duty to prepare annual Best Value
performance plans and conduct reviews
ended
• Duty to take steps to secure participation
of local people in shaping services
Inspection
• More proportionate, risk-based inspection
• Annual risk assessment; scored use of
resources judgement; direction of travel
judgement.
• Comprehensive Area Assessment
Performance indicators – key
clauses
• Clause 106: involvement of local
representatives
• Clause 107: abolition of performance
indicators – not Wales
• Clause 108 – abolition of best value
performance reviews
4. Unitary status
• Permissive approach (WP) to restructuring
in county areas: councils in those areas
able to seek unitary status
• Strict criteria, inc enhancing strategic
leadership, broad cross-section of support,
costs from existing resources
• Small number expected (rumoured 8); 26
received
Unitary status (cont)
• WP: preliminary decisions end March 07;
final decisions by early July 07
• Second Reading (Kelly): expect only small
number to meet strict criteria
• Clause 2(1): power to invite or direct
authority to restructure: included to deal
with detrimental effects on an area of other
restructuring; will be amended by Govt to
clarify (Hansard, 22 Jan 2007: col 1246)
Unified service delivery
• Collaboration in two-tier areas (LAs and other
public bodies): pathfinders
• Govt sees as essential to secure more effective
working arrangements (eg common employees
or councillors)
• Section 101, LGA 1972. Possible amendments
to governance and accountability rules (WP)
• Evaluation of pathfinders over 2,4, 6 years
• Corresponding evaluation of new unitaries
Unitaries – key clauses
• Clause 2: invitations or directions to
restructure
• Clauses 4, 7: consultation and
implementation by Order
• Clause 11: content of orders
Bill –other changes
• Clause 56: extension of well-being power
to eligible parishes
• Clause 97: alternative procedure for byelaws
• Clause 122: Audit Commission not to carry
out consultancy studies
• Part 10: Valuation Tribunal for England
• NB: main provisions of Bill apply to
England only
Conclusions
• Possible controversy during Bill’s passage
over fourth option (committees) and
direction to restructure
• Parliamentary concerns over scope of
scrutiny provisions
• Significant potential improvements in local
discretion
• Importance of community call for action to
role of backbench councillors