Hilary Kitchin from LGIU says that the upcoming local government white paper should adhere to the principles of European Charter of Local Self-Government which the government signed in 1997.
The forthcoming local government White Paper will be a serious test of Labour’s commitment to devolution. Its publication presents the government with an opportunity to make its position clear on subsidiarity, that is, the principle that public responsibilities should generally be exercised, in preference, by those authorities that are closest to the citizen. This involves judgements about the most appropriate level for decision making, and will require central government to devolve responsibilities more than it has been prepared to do so far.
The road-map for subsidiarity can be found in the European Charter of Local Self-Government, an international commitment that has teeth, and needs to be fully recognised in the White Paper. The Charter provides the principled framework that will support the practical role for local authorities, summarised as ‘place-shaping’ by Sir Michael Lyons, a working concept that has gained widespread support.
The Charter was signed on behalf of the UK on the election of the new Labour government in 1997, and ratification followed quickly, in 1998, creating a legitimate expectation that the government will adhere to its provisions when considering reform. In brief, the Charter stresses the right of local authorities to regulate and manage a substantial share of public affairs in the interests of local people, and enshrines the concept of subsidiarity. The Charter is also clear that local authorities must be able to exercise discretion over adequate, diverse and buoyant resources.
The Charter provides a litmus test for considering the appropriate level at which decisions are made. For central government, formal recognition of these principles would involve all service departments with local responsibilities, such as health, recognising the role of local decision making and being prepared to relax centralised constraints. Subsidiarity also calls into question the role of quangos, and the implications of public responsibilities being heavily influenced or discharged by bodies without a democratic mandate.
The government must be explicit in its commitment to make a real devolution of responsibility. There have been indications in recent weeks that the thinking is taking place. Gordon Brown, speaking at Labour Party conference, said “It is right that local councils, not Whitehall, should have more power over the things that matter to their community and from economic regeneration to public transport, the empowerment and strengthening of local councils and local communities is what we must now do”. Ruth Kelly, Secretary of State with responsibility for local government, told a recent conference that she plans to “usher in a new and unprecedented era of devolution” going on to say that it is intended “to devolve power and accountability to the right level, to enable citizens to benefit from more responsive government”.
Much will depend on what this means in practice. Some changes - such as stronger powers over economic development, transport and employment skills - will need cross-departmental support: can the Minister deliver such a consensus? And success will depend on good judgement as to the appropriate level at which decisions should be made.
The European Charter, by making clear the direction of travel, will allow us to test the government’s plans against a set of internationally recognised principles. The White Paper will be about governance, and the extent of devolution. It should indicate to what bodies and at what level (regions, towns and cities and rural councils, neighbourhoods) and by what means (neighbourhood councils, Local Area Agreements, reduction of central targets and indicators, devolution of specific responsibilities) central government intends to release its control on decision making. Achieving a workable balance will be crucial: if communities are given powers to make demands of local authorities, but those authorities are not empowered to make locally determined choices, ‘devolution’ will fail.
