London’s (abandoned) Garden Bridge – lessons for EDDC?

” … Launched as a privately sponsored gift to the city, Joanna Lumley’s “tiara for the Thames” had soon gobbled up £60m of public cash and the promise of an extra £3.5m a year for evermore. It was quickly revealed to be more a corporate events space than public crossing, a planted branding opportunity just 200 metres from an existing bridge, where groups would have to register and visitors would be tracked via their mobile phones. It was relentlessly exposed to be the product of the “chumocracy”, flouting all the usual rules of procurement. The miracle is that it ever got so far, and that so much public money has already been flushed into the Thames.

The blame lies firmly with former mayor Boris Johnson, the one actor in this sorry saga who refused to comply with Margaret Hodge’s recent inquiry into the project. Her investigation found multiple failings from the start, from the Garden Bridge Trust’s shaky business case (which put a lot of faith in the lucrative potential of selling T-shirts and pens), to a tendering process that was “not open, fair or competitive”, to confusion as to what the project was even for, concluding that the bridge should be scrapped before it burned through any more cash. And it all comes back to Boris. …

It was Johnson who took up his childhood chum Lumley’s idea for the sylvan crossing (which was initially conceived as a memorial to Princess Diana and pitched to Ken Livingstone, who had the good sense to say no) and had it bulldozed through the system with flagrant disregard for due process. Hodge’s report found that his deputy mayor for transport, Isabel Dedring, and Transport for London’s director of planning, Richard de Cani, saw to it that the choice of Lumley’s team of Thomas Heatherwick and engineering giant Arup was a foregone conclusion. The team was allowed to revise their bid while their competitors were not, the scoring was found to be irregular, while de Cani admitted that he alone judged the bids.

In a move that raised concerns over conflict of interest, both Dedring and de Cani now enjoy senior positions at Arup, where most of the £37.4m of public funding spent to date has been funnelled; TfL and the department for transport have both denied any such conflict and Arup gave assurances to Hodge which she accepted.

Hodge also raised concerns over the private interests of the garden bridge trustees, who appeared to have business interests on both sides of the river where the bridge was due to land. The project’s business case spoke of a 5% increase in the value of property and a 30% increase in revenues for retail units, revealing the green tiara as a cynical garnish for raising land values in these central London areas – which the trust preposterously described as being “in need of regeneration”.

As the champion of novelty infrastructure projects, Johnson saw in the garden bridge his chance for another trinket to furnish his mantelpiece of ill-conceived urban ornaments. It would be a fitting addition to the empty Emirates Air Line cable car, his fleet of overheating Heatherwick-designed buses and the lunatic tangle of the ArcelorMittal Orbit sculpture in the Olympic Park. They are all projects characterised by the promise of private sponsorship that have ended up draining the public purse, standing as costly monuments to Johnson’s self-promotion.

By refusing the guarantee of further public funding for the garden bridge, Khan has effectively pulled the plug: since major private donors have pulled out, the project has a £70m funding gap and its planning permission expires in December. But he must go further and hold those responsible to account; we must insist that the lake of public cash already drained into consultants’ fees and building full-scale prototypes is repaid.

“It has the potential to be the slowest way to cross the river, with intimate moments and a lingering scale,” rhapsodised Thomas Heatherwick when I first met him to see his garden bridge plans in June 2014. He added with a twinkle in his eye: “It feels like we’re trying to pull off a big crime.” The conclusion of this long drawn-out public heist should be that crime doesn’t pay.”

https://www.theguardian.com/artanddesign/2017/apr/28/garden-bridge-dead-38m-public-money-repaid-boris-johnson

Parish slags off Sherford new town (Plymouth) but not Cranbrook


Cranbrook


Seaton


Axminster


Sherford

Owl says: it rather sticks in the craw when a long-time MP criticises his own party for things he has never before stood up for after having watched ticky-tacky boxes going up all over his constituency with never a word.

Your party, your fault, your buck Mr Parish.

“… Local people must be given the tools and encouragement to create their own design codes and plan the sort of development they want. Not only will it improve the quality of housing stock, it gives people a stake in their community and a sense of civic pride in new developments. …”

http://www.devonlive.com/homebuilders-must-be-held-to-account-and-an-independent-ombudsman-formed-neil-parish-mp-column/story-30481265-detail/story.html

In East Devon! You must be joking – or living on another planet!

Developer Bovis too poor to finish Axminster estate – and “steep slopes” came as a surprise (and Owl says ‘I told you’!)

Owl predicted problems with this development LONG ago:

Axminster regeneration

Recall the site was acquired below market value when Axminster Carpets got into difficulty.

And it seems that Bovis has its own troubles:

Bovis slow down will hit East Devon hard

Although again Owl drew attention to another problem affecting house sales on the site:

Axminster and Cranbrook – slums of the future says Councillor Hull whilst Councillor Moulding says – nothing

So, it’s hardly surprising we find that Bovis blames everyone but themselves for their so- called plight – though its directors are probably not too worried about their bonuses:

New Bovis Homes boss buys extra £2m shares

“HOUSE building on the Bovis Homes Cloakham Lawn estate could cease unless planning conditions are removed or eased.

Bovis Homes says the scheme is in the process of stalling and, unless it can be brought back into viability, the company will have “no option but to cease work and mothball the development”.

But Axminster Town Council feels it is an attempt by the developer “to wriggle out of its commitments”, with district councillor Ian Hall saying: “‘Trying it on’ comes to mind.”

Bovis Homes has submitted a planning application to East Devon District Council (EDDC) to vary the Section 106 agreement (a set level of affordable housing and contributions towards the local infrastructure and facilities).

The development includes permission for up to 400 dwellings, and the company celebrated the second anniversary of its on-site sales office in September last year.

But a summary of an independent viability assessment, produced by chartered surveyor Belvedere Vantage Ltd, says: “The local market in Axminster has proved very difficult, with interest in the first phase of the development having slowed significantly, resulting in a large number of completed unsold ‘standing units’.”

The summary also referred to a number of physical constraints at the site, and “potential abnormal costs” associated with the constraints, which started to become clear during detailed site investigations after outline planning permission had been given.

Constraints include areas with very steep slopes, a flood plain boundary, two distinct drainage catchments, a watercourse running through the site, the need to maintain access to existing leisure facilities.

The negative impacts, including an inability to plan the scheme effectively, of a tree preservation order are also mentioned.

Axminster Rural district councillor Ian Hall, having declared an interest as he is the chairman of Cloakham Lawn Sports Centre (a Bovis Homes tenant), said in a formal response: “I have absolutely no sympathy.

“This land was purchased by Bovis for £2.9m cheaper than the market price when the failing Axminster Carpets Ltd was winding up.

“Bovis representatives (who were the strong arm of Bovis during the purchase of the land) were very aware of the agreements and were more than happy to proceed with the bargain of the decade.

“I am not one to make unnecessary fuss, although, on this issue, I will not compromise.

“ ‘Trying it on’ comes to mind.”

The independent viability assessment is confidential because it contains commercially sensible information, which is not included in the publicly available summary.

Axminster Town Council has requested more detailed confidential information and, in its formal response to EDDC, said: “The town council objects to this application, which appears to be an attempt by the developer to wriggle out of its commitments.

“There is insufficient information on which to make a well-reasoned response.”

The town council requested a meeting with EDDC and the developer so that it would be able to “respond in the light of more detailed, commercially confidential information”.

The town council also requested a site meeting in the company of a planning officer.

Town clerk Hilary Kirkcaldie said EDDC replied it could not share confidential information, but had appointed an independent viability consultant.

EDDC also expressed a willingness to host a site visit, which is yet to be arranged.

In her formal response to the application, EDDC housing strategy officer Melissa Wall said: “We are disappointed that the applicants have not approached the council before submitting their application to vary the S106 contributions to discuss their viability concerns.

“We are open to suggestions regarding changing the tenure and numbers of affordable units in order to assist viability.

“We are hopeful that agreement can be reached between the council and the applicant to ensure that the development can support some form of affordable housing.”

Bovis Homes would not say how many houses have been built and how many are under construction – nor would the company comment on Councillor Hall’s claims.

A spokesperson said: “We cannot comment on live viability applications but we will continue to work closely with the local authorities to deliver the new development at Axm- inster, which is providing much-needed new homes as well as an economic boost and jobs for the area.”

https://www.viewnews.co.uk/housing-development-axminster-stop/

“Inclusive growth” or exclusive growth in East Devon (soon to be Greater Exeter?)

Greater Exeter or Greater East Devon?

A follow-on from the previous post.

“Inclusive growth is emerging as a key agenda in the UK. The general election was fought from both sides with a promise to create an economy that works for everyone.

City leaders across the country are pursuing inclusive growth as a means for addressing some of the big challenges facing their communities, from poor health and economic exclusion to high demand for services and spiralling financial pressures. Our report, Citizens and Inclusive Growth

Click to access rsa_citizens-and-inclusive-growth-report.pdf

explores how we can build on this agenda and support impactful next steps by engaging citizens as part of our strategy for inclusive growth.

The RSA Inclusive Growth Commission set out a bold vision for a new model of growth that truly moves on from the failed trickle down economics of the past. But it also identified a critical gap in current thinking and practice around alternative economic models: the role that citizens should play in shaping them. A “place based” economy is unlikely to succeed without active citizen and community participation. The RSA’s Citizens’ Economic Council has underlined the real value created by getting citizens involved in shaping economic thinking and policy, both in terms of the quality of decision making and the positive effect it has on people’s skills, as well as their sense of agency, self-efficacy and belonging to their place. …

So how can we take the agenda forward in the UK? It’s clear that citizens aren’t featuring enough in conversations and decisions about devolution and strategies for economic growth and development. The parameters of inclusive growth are largely being set by officials, which has meant that too often we are tinkering at the edges of existing growth models rather than transforming them. Evidence from the report suggests greater involvement of a broad range of citizens (especially those with lived experience of hardship and poverty) may have a transformative effect on priorities and policies for growth, encouraging greater equity and sustainability.

There are ways that government and cities could demonstrate their commitment to citizen engagement in pursuit of inclusive growth. One of our suggestions is that in future phases of devolution, localities should negotiate significant devolved funds that are controlled by their citizens through participatory budgeting. The same could apply to the programmes that ultimately replace EU structural and social funds after Brexit.

Inclusive growth should go hand in hand with an inclusive form of decision making. Towns and cities in the UK have a real opportunity to make this happen. “

https://www.thersa.org/discover/publications-and-articles/rsa-blogs/2017/07/give-citizens-real-power-for-inclusive-growth-to-succeed

Is it time for some more rebellious towns?

Colyton proudly announces itself as “the most rebellious town in Devon” for its part in supporting the Duke of Monmouth against James the Second.

Is it now time for another rebellion?

EDDC is the largest District Council in Devon with a population of about 140,000. It is growing rapidly. All this is happening against the backdrop of relocating EDDC’s headquarters and possible mergers amongst councils, in particular the creation of Greater Exeter.

Does everyone in East Devon want to be part of this process of rapid population growth and incorporation into the Exeter conurbation?

Residents of Exmouth, Honiton and Cranbrook may well look towards Exeter and work in the city, but our more rural and coastal communities increasingly see crowded and congested Exeter as something of which they do not wish to be a part. They tend to look towards the slower population growth and protection of the environment that can be found across the border in Dorset.

Budleigh Salterton, Sidmouth, Beer, Colyton and Seaton, and perhaps Ottery, seem to see themselves more as operating in an economy linked primarily to tourism and agriculture. They have no wish or requirement to be absorbed into the Exeter behemoth. Cleaner and greener.

These communities also have little representation in the hierarchy at Knowle, (or even acknowledged by Greater Exeter) where the leadership is dominated by councillors from Exmouth, Honiton and Axminster.

In such circumstances, and with relocation offering a timely opportunity, is it not time to seriously consider splitting the District Council and introducing a healthy dose of localism?

We already see many functions and services involving cross-authority cooperation. Such sharing of services could and should continue were coastal East Devon to secede. But those coastal communities would have far greater control over their own affairs.

Is it time for Eastern East Devon, or perhaps “Jurassic Devon”, to secede from EDDC and withdraw from the Greater Exeter project?

And maybe join with Dorset’s idea of a Jurassic National Park?

All it takes is a few rebellious people to get it started!

On-the-spot fines: has anyone been in-the-spot to fine anyone?

The by-law enacted by EDDC regarding feeding seagulls has hit national headlines again:

http://www.express.co.uk/news/uk/840603/Seagull-attacks-feeding-birds-fine-food

But has anyone ever been fined?

Same with dog fouling – the fouling is still there but where are the fines?

Perhaps Neil Parish should be spending less time on widening the A303 and more time on making the A35 safer

Many of us know the disaster that is the Hunter’s Lodge interchange near Axminster and its catalogue of accidents and deaths.

Now there have been three serious accidents on the same road, all near Kilmington.

http://www.devonlive.com/third-crash-in-three-days-on-a35-between-honiton-and-axminster-after-car-and-motorbike-collide/story-30480246-detail/story.html

Swire might also start thinking about his side of the A3052, which has seen two accidents (one fatal) at Four Elms in recent days:

https://eastdevonwatch.org/2017/08/04/tory-councillor-agrees-with-comments-by-independent-councillor-a-first/

Of course, there is no money for road repairs or improvements in East Devon – all money in our area is being poured into roads to Hinkley C, widening the A303 and nationally into shaving off 20 minutes on journeys between London and Birmingham.

Priorities, dear boy, priorities.

Devon County Council councillor responsible for Highways – former Monster Raving Loony Party representative Stuart Hughes:

102 Temple Street
Sidmouth
Devon
EX10 9BJ
01395 578414
stuart.hughes@devon.gov.uk

The money is there – just not here!

Hospital staff shortages causing dangerous “nursing on the cheap”

Owl says: 20 people in a hospital ward being looked after by, say, 4 staff – 1 member if staff to 5 people, 3 shifts a day = 12 nursing staff. That’s with FULL staffing (plus, of course, other staff such as doctors, physios, etc). 20 people under their eagle eyes, at least one of them professionally qualified, assessing their needs, watching for deterioration, alert for emergencies.

If all those 20 people are being nursed at home – how would those same 12 staff care for the same 20 people in a dispersed rural geographical area? Which ones would get care from the qualified nurse, which ones the “cheap” alternative? No more staff – because already there is a shortage. And using their own cars (if they drive and can afford one) to get between them all, summer tourist season and winter snow.

In this government’s eyes, land to sell off to fund vanity projects and line pockets is more important than people being cared for when they are sick.

“Nearly all England’s 50 biggest hospital trusts are failing to hire enough nurses to ensure patients are safe.

Nine in 10 of the trusts, which oversee 150 hospital sites, are not meeting their own safe staffing targets, according to analysis by the Royal College of Nursing (RCN).

The data also suggest nurses are being increasingly replaced by cheaper, unqualified healthcare assistants.

To cope with the shortage of nurses, more than half the largest hospitals (55%) brought more unregistered support staff onto shifts, the figures show. The situation is worse at night, with two thirds (67%) of hospitals using unregistered support staff — which critics claim will lead to higher patient mortality rates.

Janet Davies, chief executive and general secretary of the RCN, said patients can pay the “very highest price when the government encourages nursing on the cheap”.

She added: “Nurses have degrees and expert training and, to be blunt, the evidence shows patients stand a better chance of survival and recovery when there are more of them on the ward.”

A separate study of staffing in NHS hospitals, published in the online journal BMJ Open, found that in trusts where registered nurses had six or fewer patients to care for, the death rate was 20% lower than where they had more than 10.

Hospitals have had to publish staffing levels since April 2014 in response to the scandal at Stafford Hospital, where hundreds died from neglect.

The RCN analysis, which calculates the average fill-rate across the month, reveals the worst affected site was the Royal Blackburn Hospital, which had on duty only three quarters of the nurses needed.

According to the RCN there are 40,000 nurse vacancies. Brexit, low morale, the end of bursaries for tuition fees, and the public sector pay freeze have all been blamed.

The Department of Health said: “Just this month we announced an extra 10,000 places for nurses, midwives and allied health professionals by 2020, and there are over 12,500 more nurses on our wards since 2010.”

Sunday Times (pay wall)

The Swamp UK-style: David Davis – 6 days work a year for a pal – £34,000 and help to cancel a £450,000 fine

David Davis backed a City high-flyer’s appeal against a huge fine for insider dealing a month after accepting a lucrative position at one of his companies, the Observer has established.

The Brexit secretary has been a staunch ally of star banker Ian Hannam for many years. Both men were members of 21 SAS Reserve Regiment and Hannam donated £2,000 to Davis’s Tory leadership campaign in 2005. But their relationship deepened in 2012 when Davis criticised the Financial Services Authority in its pursuit of the City’s leading dealmaker, who was forced to leave his job with JP Morgan after being found guilty of “market abuse”.

The £450,000 fine imposed by the FSA (replaced by the Financial Conduct Authority or FCA in 2013) was one of the largest handed down to an individual and was considered a major coup for the authority. But Davis described its action as “unBritish”. He said at the time: “This is an incredible extension of what constitutes insider trading by the FSA. It’s quite an astounding pattern of behaviour by the FSA.”

Ian Hannam, former global chairman of equity capital markets at JP Morgan, was fined £450,000 by what was then the Financial Services Authority.
Ian Hannam, former global chairman of equity capital markets at JP Morgan, was fined £450,000 by what was then the Financial Services Authority.

When the authority first brought the case against Hannam, Davis had no financial relationship with his friend, who was considered one of the most powerful people in the Square Mile for his ability to make deals happen. But this was to change a year later when Davis was appointed to the supervisory board of a German company, Mansfelder Kupfer und Messing (MKM), which describes itself as the “leading European manufacturer of primary and semi-finished products made of copper and copper alloy”.

Davis listed his position – for which he “anticipated remuneration of approximately £34,000 per annum” – in the register of MPs’ interests on 10 June 2013 and disclosed that the role was for six days work a year. The disclosure was made a month after Hannam bought MKM via a company called Copper 1909. MKM confirms on its website that it is owned by Hannam & Partners.

In further updates to the register of interests, Davis acknowledged that he received a series of payments from Copper 1909 – each for around £7,000 – until he stood down from the company on becoming Brexit secretary last year. The Observer estimates that he may have earned more than £100,000 from the arrangement, based on his anticipated remuneration of £34,000 a year.

In July 2013, a month after he accepted the position at MKM, Davis made a very public show of support for Hannam when the banker sought to have the FSA’s decision overturned. The former shadow home secretary sat behind his friend, formerly JP Morgan’s global co-head of UK capital markets, when his appeal was heard. The FSA’s decision to fine Hannam was upheld in 2014 by the upper tribunal, the ultimate arbiter of authority decisions. There was no suggestion that Hannam was acting for private gain and he was granted a licence to continue operating in the Square Mile after the decision was handed down.

The FSA’s case against Hannam was based on two emails in which he revealed that his client, Heritage Oil, had struck oil before the discovery had been announced publicly, and that it was a potential bid target.

Commenting after the appeal was dismissed, Tracey McDermott, then director of enforcement and financial crime at the FCA, said: “This has been a long and complex case but the tribunal’s substantial judgment is a landmark. It should leave market participants in no doubt that casual and uncontrolled distribution of inside information is not acceptable in today’s markets. Controlling the flow of inside information is a key way of preventing market abuse and we would urge all market participants to pay close attention to the judgment.”

Davis was one of several people Hannam thanked for their support after the tribunal’s ruling.

The Observer put a series of questions to Davis, including requests for him to confirm how much he had been paid by Hannam’s company, what the work entailed and whether he believed the position had opened him up to any conflicts of interest. Davis declined to comment. However, his friends said he has made no attempt to hide his friendship with Hannam and that all his appointments, and income received, have been declared in accordance with MPs’ rules.

The Observer approached the Committee on Standards in Public Life. A spokeswoman said it would not comment on individual cases but confirmed that the committee was exercised by the issue of MPs holding second jobs.

The spokeswoman said: “We are currently collecting evidence and will feed our findings into the review of the MPs’ code of conduct in due course.”

https://www.theguardian.com/politics/2017/aug/12/david-davis-linked-to-city-trader-fined-for-insider-dealing

“Conduct of health committee members investigated by Devon council” – Diviani and Randall-Johnson heavily criticised for behaviour

“Devon County Council has confirmed it is looking into the conduct of members of one of its committees following a debate and vote not to refer a decision to close 72 community hospital beds in Devon to the secretary of state for health.

The matter was debated by the health and adult care scrutiny committee meeting at Exeter’s County Hall on July 25.

Among those who have expressed their concerns is Val Ranger, East Devon District Council ward councillor for Newton Poppleford and Harpford.

She says that at a meeting of East Devon District full council meeting on July 26, Cllr Paul Diviani, who sits on the committee as a representative of district councils, admitted he had not asked the opinion of other district councils about whether they wished to refer the decision to close local hospital beds to the secretary of state, and could offer no evidence on that basis that he was representing their views.

At the meeting Cllr Diviani was among those who voted not to refer the decision to the secretary of state.

Cllr Ranger said: “He said he voted not to because it was unlikely that the secretary of state would overturn the decision.

This seems duplicitous on two count. The first for failing to adequately represent the views of the district councils.

“Secondly for assuming the role of the secretary of state by stating there was no point in referring the matter to him as he was unlikely to overturn the decision.

“At the EDDC scrutiny committee on June 22, EDDC’s views and recommendations were very clear; Northern, Eastern and Western (NEW) Devon Clinical Commissioning Group (CCG) has failed to provide the evidence needed to support their plans.

“However, Cllr Diviani failed to represent those views or the views of other district councils as he did not seek them. He has admitted he voted independently of both EDDC and other district councils, rendering his vote as entirely without integrity in his role at the DCC meeting.

“The vote is an entirely unsafe and undemocratic way of conducting business and brings both EDDC and DCC into disrepute.”

A spokesman for Devon County Council said: “We have received a number of comments, representations and complaints about the health and adult care scrutiny committee held last week and about the conduct of members at that meeting.

“We will be looking at all the points raised by Cllr Ranger and others under our normal procedures to see if there are any issues to be addressed.”

However, Cllr Diviani is confident the investigation by DCC will conclude there has been no wrong doing.

He said: “I take this predictable and entirely politically motivated complaint against me by people who contribute little or nothing positive to the debate at face value, and feel sure that DCC will dismiss the allegations as unfounded.

“I have neither seen or heard anything from Ms Ranger on how her party would address the huge challenges facing the NEW Devon CCG and the NHS.

“As the web cam at County Hall malfunctioned and didn’t record properly, the gist of what I said is as below. I did also explain that my position on that scrutiny committee is by virtue of my being elected by the other leaders of all the Devon districts to represent the county-wide views of the district councils, not just East Devon, and is a function I perform regularly both locally and in London through the District Councils Network where I represent the South West.

“There is a tendency to assume that everything is fine as it is, when it quite clearly is not, and that the government will keep throwing money at the NHS as they always have in the past.

“What that underestimates are the social care costs which are massive, but if tackled correctly will reduce the acute care costs, as evidenced by the Kings Fund report. We will still need our hospital buildings which in Honiton are already being used differently, for example, for kidney or chemotherapy treatments. Staffing is still a problem but that is not building dependent.

“Many of us have made a positive decision to live and indeed work in the countryside and a direct result of that decision is a diminution of accessible services we can reasonably expect the state to provide. When able, it is a price we gladly pay for the quality of life afforded.

“In straightened times, we need to cut the cloth accordingly. As is well documented, the largely under funded cost of adult social care is a significant factor in the problems besetting the NHS where the acute care service is the treatment of last resort, and very good it is too, but with the budget sliced off to the top tier local authority.

“As the truly excellent Kings Fund Report from 2016 made exceedingly clear, sorting adult social care comes first and if we tackle that with the help of the district councils the benefits will flow. The NHS cost pressures will diminish and the money can best be spent where most needed.

“In East Devon we have enormous and justifiable pride in our local hospitals and all our existing towns were well endowed. Costs are, however, never static and will always rise without innovation.

“But here we are talking service industry which is always people dependent and where low wages do not necessarily translate into low cost. Simply put, if one person falls, it will take two people to rectify the situation, and if not rectified speedily, the condition and costs multiply exponentially.

“And speedily must mean access to care, quickly. Our travel times are well known and until they are resolved, we will always need staging posts to either stop people occupying the acute provision when unnecessary or to maintain them in a degree of comfort until they can reach the comfort and safety of their own living space.

“The major flaw appears to me to be the ever present ‘one size fits all’. Flexibility is key and our response should be the start.

“Attempting to browbeat the secretary of state with a demand to overturn his own policies is counter intuitive. I prefer to ask him to rural proof our rural situation before allowing any further reductions in service which we on the ground can see will be detrimental, but our transformers would discount. But that is a local decision which should be made locally.”

Also among those who have raised concerns over the debate and vote at the scrutiny meeting is Claire Wright, Devon County Councillor for Otter Valley Ward.

She has said how she was “disappointed” by the behaviour of scrutiny committee chair Sara Randall Johnson who “appeared to do her utmost” to prevent any referral.

She said: “I am also disappointed with the attitude of the majority of the Conservative group who used a variety of ill-informed views and remarks to justify their determination not to refer, refusing to hear or see any member of the public’s distress, frustration and disbelief at the proceedings.

“The chair’s attitude made me angry and led to a protracted row where I repeatedly asked her why she had allowed a proposal to be made and seconded at the very start of the meeting by her conservative colleague, Rufus Gilbert, not to refer to the secretary of state for health, when I already had a proposal that I had lodged with her and the two officers, before the meeting.”

She added: “When they did what they did at the health scrutiny meeting, the Conservatives betrayed thousands of local people.”

The close vote whether to refer the decision was six votes to seven, with two abstentions. All those who voted with Cllr Gilbert’s motion were Conservative’s.

Cllr Wright, who is seeking advice on what happened at the meeting, concluded: “I am quite certain that with a different approach by the chair the outcome would have been different, and local peoples views would have been respected and acted upon.”

http://m.devonlive.com/conduct-of-health-committee-members-investigated-by-devon-council/story-30478465-detail/story.html

Citizens could lose right to sue Government post-Brexit; government says tradition will protect us

“The Brexit Bill includes a provision that could strip UK citizens of the right to sue the government, campaigners have pointed out.

Currently, the UK is subject to rulings of the European Court of Justice, including the so-called Francovich rule, which has been part of EU law since 1991. It allows EU citizens the right to sue their respective governments for failing to implement EU law such as environmental law, workers rights and business regulation.

However The European Union Withdrawal Bill states: “There is no right in domestic law on or after exit day to damages in accordance with the rule in Francovich”.

This has sparked concern that this weakens the rights of citizens to seek redress if the government were to fail to uphold certain laws.

Liberal Democrat Brexit spokesman Tom Brake, said: “This is a shameless attempt to take away people’s rights through the backdoor.
“Citizens must be able to hold the government to account when it breaks the rules.”

Martha Spurrier, director of the civil liberties group, Liberty, told The Times: “This chilling clause, buried deep in the Bill’s small print, would quietly take away one of the British people’s most vital tools for defending their rights,

“Putting the government above the law renders our legal protections meaningless. It exposes a clear agenda to water down our rights after Brexit.”

However, the government said the UK has a “longstanding tradition” of ensuring public rights and liberties are protected.

A government spokesman said: “The people of the United Kingdom voted to leave the EU and that is exactly what we are doing. The right to Francovich damages is linked to EU membership – the government therefore considers that this will no longer be relevant after we leave.

“After exit, under UK law it will still be possible for individuals to receive damages or compensation for any losses caused by breach of the law.”

http://www.publicfinance.co.uk/news/2017/08/citizens-rights-redress-threatened-brexit-bill

Clinton Devon Estates to take over work of Jurassic Coast Trust

Oh dear sweet Lord – clifftop holiday homes and Disneyland here we come – and definitely no National Park!

An East Devon landowner is set to play a significant part in the future of the Jurassic Coast World Heritage Site.

Clinton Devon Estates, which owns and manages 25,000 acres of land across Devon, has pledged its support to the Jurassic Coast Trust which is taking over the management of the 95-mile stretch of world heritage coastline, from Devon and Dorset county councils this July.

The landowner is joining the Trust as one of four Lead Business Partners, currently the only partner in Devon alongside three based in Dorset, and will pledge £3,000 per year to the charity, helping to safeguard its future.

The Trust’s link with businesses and landowners is essential in ensuring it can carry out its work looking after the world class coastline, which stretches between Exmouth in Devon and Studland Bay in Dorset, on behalf of UNESCO for the “benefit of the whole of mankind”.

A large part of the Estate’s East Devon acreage is made up of the Pebblebed Heaths, which are named after the Budleigh Salterton pebblebeds and are a designated conservation area.

The Trust is poised to support the landowner’s existing educational outreach, which focuses on the ecology and management of the heaths by the Pebblebed Heaths Conservation Trust.

Kate Ponting, countryside learning officer at Clinton Devon Estates, said: “We have had an informal, mutually supportive relationship for a long time as our paths have crossed over the years.

“The Estate owns land very close to, or on the Jurassic Coast, and the Trust is keen to extend its work in East Devon, so the partnership should afford more opportunities for collaborative working.

“We have a lot in common with the Trust whose work is based on geology; the geological story of the Pebblebed Heaths is part of our shared heritage which we’re passionate about.

“We hope to celebrate this heritage further, through extended community engagement and we’re hoping the Trust’s expertise will enhance what we already do.”

The Trust also plans to provide downloadable audio guides about East Devon’s geology for the Clinton Devon Estates’ website.

Guy Kerr, Programme Manager for the Jurassic Coast Trust, said: “We are delighted to have Clinton Devon Estates on board as one of our Lead Business Partners. The East Devon pebblebeds are a crucial part of the Jurassic Coast World Heritage Site and we look forward to working closely with Clinton Devon Estates to preserve this landscape and enthuse people with its incredible stories.”

http://www.devonlive.com/clinton-devon-estates-take-over-management-of-jurassic-coast-world-heritage-site/story-30478379-detail/story.html

Flooding – the past doesn’t predict the future

“Nearly every major city and town in Europe is built on a river and we protect this urban infrastructure by using past floods as a gauge of the potential risk,” said Mark Maslin, Professor of Climatology at University College London.

“The study shows that this approach underestimates the risk, as climate change has made European floods occur earlier in the year, increasing their potential impact.

“This means all the infrastructure that we have built to protect our cities needs to be reviewed as much of it will be inadequate to protect us from future climate change-induced extreme flooding. … “

http://www.bbc.co.uk/news/science-environment-40889934

Outsourcing kills democracy

“Outsourcing of public services began in the 1980s, a central feature of the drive to roll back what neoliberalism casts as a bureaucratic, inefficient state. Its proponents claimed the involvement of private providers would increase cost-savings and efficiency, and improve responsiveness to the “consumers” of public services. Thirty years later, the value of these contracts is enormous – more than £120bn worth of government business was awarded to private companies between 2011 and 2016, and their number is increasing rapidly. At least 30% of all public outsourcing contracts are with local authorities.

Unlike government, private companies have no duty to provide for any public interest; the laws of the market mean their primary motive must be to maximise returns for shareholders. Questions have been raised about whether corruption or “misuse of public office for private gain” contributed to the Grenfell disaster; but the nature of outsourcing public services means that even the most well-meaning politicians can enter into contracts that result in severe detriment to the public, in both financial and human terms, without any crime having been committed.

The relationship between local councils and companies bidding for contracts is usually highly unequal. Local government funding cuts have caused a reduction in resources dedicated to providing scrutiny and oversight. The Audit Commission, previously responsible for scrutinising local authority contracts, has been abolished. The private companies involved, often huge multinationals, have significant advantage over local authorities in terms of technical knowledge and negotiating experience.

If it’s hard for councillors to evaluate and oversee these contracts it is nigh on impossible for the people using and experiencing services to apply scrutiny to the contracts governing their delivery. “Commercial confidentiality” is frequently cited as a reason for not disclosing the information necessary to assess contract content – and services, when delivered by the private sector, are not subject to the rules on freedom of information that apply to local government.

Attempting to use opportunities promised in legislation when the Audit Commission was abolished, residents in Lambeth, London, recently undertook a “peoples’ audit” of the councils accounts. The resident audit group included highly experienced finance professionals, who spent hundreds of hours chasing information requests and working their way through poor quality data. The published report claims to have identified numerous instances of inadequate governance of contracts, including questionable valuations of council property and land, systematic overcharging and billing for work that wasn’t carried out. The report calculates financial losses that run into millions.

In the London borough of Haringey, council leaders are planning the highest value local government-private sector contract in history. It was never presented in any manifesto on which voters could express their opinions or make their voices heard. The deal involves placing £2bn worth of council homes, property and land into a new “development vehicle” that will demolish and rebuild vast swaths of the area. This new entity will be 50% owned by private company Lendlease, a multinational property company with a turnover of billions of dollars.

Lendlease has form when it comes to contracts with the public sector. Its redevelopment of the Heygate estate in Southwark initially promised 500 social homes, that number reduced to just 82 in the final plan – only 20 have so far been built. It has made millions of pounds from its contracts with Southwark council.

Five years ago the company admitted fraud in government contracts in the US. Three years ago an Australian local government deal resulted in the authority being hundreds of millions of dollars out of pocket. In 2016, the company was named in an investigation into noncompliance with building regulations in Melbourne, Victoria, for using highly flammable cladding on a public hospital construction project, although subsequently Lendlease has offered to replace the cladding in the spring at no charge to the taxpayer, and says test panels were successfully installed in May.

In Haringey, local campaigners have found it almost impossible to examine the content of the Lendlease contract. Senior councillors have ignored the overview and scrutiny committee’s advice against the deal, and campaigners now plan to challenge it via judicial review. Although the councillors responsible for agreeing the deal may no longer be in power come next May’s local elections, its consequences will outlive many political careers. Any future council wanting to reverse the deal will be breaking the terms of the contract, and that is likely to incur financial penalties which will impact heavily on all the borough’s residents. So where is the accountability?

Less than 90 years after the right to vote was extended to all men and women in the UK regardless of wealth, the practice of outsourcing government services to private companies is rendering democracy ineffective, particularly for those most affected. While we could attempt again to insert more transparency and accountability into these opaque agreements, it may just be simpler, and more cost-effective, to return responsibility for government provision where it belongs – back in-house – with the people elected to represent us.”

https://www.theguardian.com/commentisfree/2017/aug/10/outsourcing-killing-local-democracy-britain-stop-it

“Rough sleeping in Britain is forecast to rise by 76% in the next decade unless the government takes urgent action, homelessness charity Crisis has stated.

The charity today published its analysis of homelessness in all its guises in England, Scotland and Wales, prompting housing groups to warn the problem is likely to get worse unless more housing becomes available and there are changes to welfare.

According to Crisis, in 2016:

9,100 people were sleeping rough
68,300 households were sofa surfing
37,200 households were living in hostels
19,300 households were living in unsuitable temporary accommodation
12,100 households living in squats
8,900 households sleeping in tents, cars or on public transport
5,000 households in women’s refuges or winter night shelters.

The report warns that, if current policies continue unchanged, the most acute forms of homelessness are likely to keep rising, with overall numbers estimated to increase by 26.5% and households in unsuitable temporary accommodation set to rise by 93%.”

“Labour criticises government hospital asset sales”

“Labour has accused the government of selling off valuable hospital assets to help plug a hole in NHS finances.

Figures from data body NHS Digital show that the amount of NHS land in England earmarked for sale has more than doubled in the past year.
Analysis commissioned by Labour found 117 sites deemed surplus were still in medical or clinical use.

Ministers said selling land would give vital funds for patient care and free up space for much needed new housing.

The government has set itself a target of selling off enough public sector land to generate £5bn worth of income by 2020.

The NHS is asked to contribute as a major property owner.

NHS property being included for sale includes hospital buildings and some ambulance stations.

But Labour said hospitals were being stripped of their assets and forced into a “fire sale”.

Shadow health secretary Jonathan Ashworth said: “This government’s refusal to fund the health service has seen standards of care for patients drop and NHS building and upgrade works pushed back.

“The NHS needs an urgent injection of funding to make up for years of Tory underfunding, but the answer is not a blanket sell-off of sites which are currently being used for patient care.”

The Department for Health said disposing of surplus land and buildings reduced running costs and it was right to put sites that were no longer needed to economic use.

It said any income generated would be used to improve the quality of the NHS.”

http://www.bbc.co.uk/news/uk-politics-40883502

“Secret NHS land sales” by Tory Government

“A secret “fire sale” of hospital land – including dozens of properties still being used for medical care – is planned to bail out the cash-strapped NHS, new documents show.

The Department of Health has quietly doubled the amount of land it intends to dispose of, triggering accusations of desperate measures to plug a big hole in NHS finances.

Details of more than half of the 1,300 hectares now up for sale have been kept under wraps because of “sensitivity” – raising suspicions that many other sites also have clinical uses.

Today’s analysis, carried out for Labour by the House of Commons Library, went through Department of Health data of land that NHS organisations “have deemed surplus” and eligible for sale.

Of the 543 plots, totaling 1,332 hectares – worth many hundreds of millions of pounds – 117 are currently being used for clinical or medical purposes, Labour said.

However, data on 734 of those hectares, spread over 63 sites, has been held back due to “issues of sensitivity”, the analysis found.

Jonathan Ashworth, Labour’s Shadow Health Secretary, claimed a long-running failure to fund the NHS properly had forced “a blanket sell-off of sites which are currently being used for patient care”.

“Crumbling hospitals are in desperate need of investment for repair and renewal,” Mr Ashworth said.

“But the Government must provide that investment, not strip hospitals of their assets and force them into a fire sale.

“There has been a huge rise in the amount of NHS land available for sale this year, but for more than half of it the Government are keeping the details secret and refusing to fully answer reasonable questions.

“It all adds to the suspicion that ministers are drawing up secret plans for a fire sale of valuable NHS assets to plug the black hole in their finances.”

The criticism comes as Labour launches a major assault on the Prime Minister’s management of the NHS, warning her tenure has seen rising waiting times, cancelled operations and a growing crisis in social care.

However, the Department of Health hit back, insisting only truly unwanted land would be sold – with the cash raised ring-fenced to improve NHS services.

“There will be no ‘fire sale’ of NHS assets, but we continue with our ongoing efforts to help hospitals dispose of land they do not need,” a spokesman said.

“This will provide vital funds for the NHS to spend on patient care and free-up space for much needed homes.”

Ms May’s adoption of the Naylor report triggered criticism during the campaign. Dr Kailash Chand, the former deputy chairman of the British Medical Association, called it “an outline to sell off the NHS”.

The NHS Confederation then urged the Government to step back, calling for the land to be set aside for homes for NHS staff unable to buy on the open market, because of the housing crisis.

It linked the housing shortage to rising NHS vacancies, with 15 per cent of registered nursing jobs unfilled and 12 per cent of positions at GP practices vacant.

The most valuable site on today’s surplus list is the Royal National Orthopaedic Hospital, in Stanmore, London, which has a market value of £38.75m.

Other highly-priced locations include the Ida Darwin Hospital, in Cambridge (£20m), two sites at Broadmoor Hospital, in Berkshire (£16.75m and £11m), the Royal National Hospital for Rheumatic Diseases, in Bath (£10m) and Papworth Hospital, in Cambridgeshire (also £10m).

Meanwhile, Jeremy Corbyn, on a visit to Cornwall, will focus on the condition of the NHS to mark the release of performance data up to the point of the Prime Minister’s first anniversary in No 10.

He will say that, after 11 months, nearly 2.4 million people had waited more than four hours for treatment in casualty departments – or one in 10 patients.

Suspected stroke sufferers faced only a 50-50 chance of getting to a hospital within one hour and about 270,000 people had been added to NHS waiting lists.”

http://www.independent.co.uk/news/uk/politics/nhs-hospital-land-secret-sale-tories-privatisation-sell-off-theresa-may-labour-warning-medical-sites-a7885071.html

Special interest groups (such as blogs) and democracy

Summary of article:

“How should the interest group process operate in a liberal democracy?

• Elected representatives and politicians should recognise a need for continuous dialogue between decision-makers and different sections of the public over detailed policy choices. Procedures for involving interest groups in consultations should cover the full range of stakeholders whose interests are materially affected by policy choices.

• The resources for organising collective voice and action in pressure groups, trade unions, trade associations, non-governmental organisations, charities, community groups and other forms should be readily available. In particular, decision-makers should recognise the legitimacy of collective actions and mobilisations.

• The costs of organising effectively should be low and within reach of any social group or interest. State or philanthropic assistance should be available to ensure that a balanced representation of all affected interests can be achieved in the policy process.

• Decision-makers should recognise inequalities in resources across interest groups, and discount for different levels of ‘organisability’ and resources.

• Policy makers should also re-weight the inputs they receive so as to distinguish between shallow or even ‘fake’ harms being claimed by well-organised groups, and deeper harms potentially being suffered by hard-to-organise groups.

• Other aspects of liberal democratic processes, such as the ‘manifesto doctrine’ that elected governments implement all components of their election programmes, do not over-ride the need to consult and listen in detail to affected groups, and to choose policy options that minimise harms and maximise public legitimacy and consensus support.

• Since policy-makers must sometimes make changes that impose new risks and costs across society, they should in general seek to allocate risks to those groups best able to insure against them.”

The some paragraphs from the article:

“Between elections, a well-organised interest groups process generates a great deal of useful and perhaps more reliable information for policy-makers about preference intensities. By undertaking different levels of collective action along a continuum of participation opportunities, and incurring costs in doing so, ordinary citizens can accurately indicate how strongly they feel about issues to decision-makers.

So sending back a pre-devised public feedback form, writing to an MP, supporting an online petition to the government, or tweeting support for something indicates a low level of commitment. Paying membership fees to an interest group or going to meetings shows more commitment, and gives the group legitimacy and weight with politicians. Going on strike or marching in a demonstration indicates a higher level of commitments still. A well-organised interest group process will allow for a huge variety of ways in which citizens can indicate their views. …

This area of policy-making has been stable for many years, with occasional fringe scandals. Two small changes have taken place recently. The 2014 Lobbying Act introduced an official register of paid lobbyists operating with MPs in Westminster and in touch with Whitehall departments. But this was on a rather restrictive basis, affecting especially paid-for lobbying firms and some groups with developed governmental or parliamentary liaison operations.

The lobbying industry (estimated by some sources to be worth £2bn a year) also remains self-regulated. For a period during the bill’s passage (2013-14), the Cabinet Office proposals seemed to threaten to make academics, universities and a wide range of charities advocating for policy changes register too. But after much criticism this proposal was fought off. However, the legislation is still somewhat controversial – particularly among charities, who complain that it stifles them before election campaigns. …

Nobody now claims that the UK’s interest group process is an equitable one. There are big and powerful lobbies, medium influence groups and no hopers battling against a hostile consensus. Democracy requires that each interest be able to effectively voice their case, and have it heard by policymakers on its merits, so that the group can in some way shape the things that matter most to them. On the whole, the first (voice) criterion is now easily met in Britain. But achieving any form of balanced, deliberative consideration of interests by policymakers remains an uphill struggle. Business dominance is reduced but still strong, despite the shift to cognitive competition and more evidence-based policy-making.”

http://www.democraticaudit.com/2017/08/10/audit-2017-how-democratic-and-effective-is-the-interest-group-process-in-the-uk/

Electoral Officers might – one day in the distant future – be fully accountable

The Freedom of Information (Extension) Bill is slowly (very, very slowly) wending its way through parliament and, as the title suggests, hopes to extend the reach of the FOI Act. The Statement of Purpose (in full here) sums up the aims:

‘The Freedom of Information (Extension) Bill will seek to make housing associations, local safeguarding children boards, Electoral Registration Officers, Returning Officers and the Housing Ombudsman public authorities for the purpose of the Freedom of Information Act 2000, whilst making information held by persons contracting with public authorities subject to the Freedom of Information Act 2000…’

See:
http://services.parliament.uk/bills/2017-19/freedomofinformationextension.html

for the very, very, very slow timetable.

How Ireland tightened lobbying rules (and why)

Likelihood of this happening here – zero. All that happened here was the opposite – charities were banned from criticising the government:
https://www.theguardian.com/politics/2017/jun/06/chilling-lobbying-act-stifles-democracy-write-charities-party-chiefs

“Two years after Ireland introduced some of the strictest laws in the world on lobbying transparency, the reforms are being held up as the gold standard for policymakers looking to shine a light on the often murky world of influence peddling.

Calls for transparency are growing louder across Europe, especially in Germany, where a series of scandals have put a spotlight on the car industry’s close ties with senior politicians.

Ireland’s experience, say proponents of the law, has dispelled worries that tough lobbying rules would cripple the industry or limit the ability of politicians to do their job — as MEPs in Brussels resisting similar obligations have argued.

“Transparency is catching hold,” said Sherry Perreault, head of lobbying regulation at Ireland’s Standards in Public Office Commission, who’s traveled across Europe to showcase the Irish reforms. “To see this catching fire outside of Ireland is really terrific.”

The Irish reforms are simple. Any individual, company or NGO that seeks to directly or indirectly influence officials on a policy issue must list themselves on a public register and disclose any lobbying activity. The rules cover any meeting with high-level public officials, as well as letters, emails or tweets intended to influence policy.

For those in the business, the impact of the register and its requirements are primarily about the way the industry is perceived — and, broadly, they’re happy about it.

“I’ve not heard anybody suggest the Lobbying Act has impacted in any way the willingness or the ability to influence [policymakers],” said Conall McDevitt, CEO of Hume Brophy, one of Ireland’s largest lobbying firms. “It’s always better in our industry to have transparency, we’re all the stronger for it.”

Indeed, the push for more transparency is often advocated by lobbyists themselves, eager for legal clarity and happy to present themselves as fulfilling a vital role in modern democracies through the information they provide to policymakers.

“Lobbying has got a very bad name because of the actions of some individuals,” said Cian Connaughton, president of the Public Relations Institute of Ireland. “What the register has done is clarify to people what is happening, who is doing what.”

“It means people can’t say, ‘God knows what’s going on there,’” he added. “The fact that [the] new regime has hopefully increased people’s trust in the system, it’s a big plus.”

Popular revulsion

The tougher laws have their origins in the 2008 financial crisis that brought the Irish economy to its knees. The country’s travails are widely regarded as a consequence of the close relationships between politicians from the Fianna Fáil party, in power at the time of the crisis, and Ireland’s property developers.

“The fact that we had gone through this economic collapse [and that there was] a broadly held belief that influence had been peddled, there was such a ground swell of support for reform,” said Brendan Howlin, currently leader of the Labour Party and minister for public expenditure and reform between 2011 and 2016.

Popular revulsion at corruption had been building for decades. Several inquiries — including one into Ireland’s planning system that found widespread corruption had taken place in the 1980s and 1990s — had concluded that underhand payments had become endemic in the country.

To write what would become the 2015 Regulation of Lobbying Act, Howlin looked at existing rules across the world, including Canada’s, whose government first introduced transparency requirements in 1989 and subsequently strengthened them four times.

“There wasn’t much opposition to the concept,” Howlin said.

The law uses one of the broadest possible definitions of a lobbyist: anyone who employs more than 10 individuals, works for an advocacy body, is a professional paid by a client to communicate on someone else’s behalf or is communicating about land development is required to register themselves and the lobbying activities they carry out.

That means NGOs and other civil society organizations are just as much subject to the rules as groups representing multinationals or local industries.

Failure to register or filing incorrect information can result in a fine of up to €2,500 and a two-year prison sentence. …”

http://www.politico.eu/article/ireland-lobbying-clampdown-model-for-europe/