Guardian on Devon Police and Crime Commissioner election expenses

“Investigators examining whether a police and crime commissioner failed to properly declare expenses during the last general election have referred the matter to the Crown Prosecution Service.

The Independent Police Complaints Commissionhas sent the CPS a file on the allegations against Alison Hernandez, the Devon and Cornwall police and crime commissioner.

Hernandez was an election agent for Conservative MP for Kevin Foster’s successful candidacy for the Torbay seat at the 2015 general election. Last year she was elected as the PCC for Devon and Cornwall after standing as the Tory candidate.

The IPCC revealed on Wednesday that the matter had been referred to the CPS.

A spokesperson said: “The managed investigation into allegations that Alison Hernandez failed to properly declare election expenses during the 2015 general election is complete and the matter has been referred to the CPS.

“Ms Hernandez was employed as an election agent for the Conservative candidate in the parliamentary constituency of Torbay. A referral to the CPS is made when the IPCC investigation indicates that a criminal offence may have been committed. It does not mean that criminal charges will necessarily follow. The CPS will decide whether any charges should be brought.

Q&A: what is the Conservative election expenses row about?

“The managed investigation was undertaken by West Mercia police under the direction and control of the Independent Police Complaints Commission, and overseen by IPCC deputy chair Sarah Green.”

Devon and Cornwall is among a dozen police forces to have passed files to the CPS over allegations that up to 20 Conservative MPs broke local spending limits at the last general election.

Prosecutors have to decide whether to charge the MPs or their agents, after a 10-month investigation into whether party spending on an election battlebus that brought activists to marginal seats was wrongly recorded as national spending.

Andrew White, chief executive for the office of the PCC for Devon and Cornwall, said Hernandez would continue in her role while the CPS considered the case.

He added: “Although the case is being referred to the CPS, at this time, no decision has been made about whether charges will be laid against Ms Hernandez. There is no presumption that their consideration will lead to a charge and even if the CPS decide to charge it may be many months before any case comes to court.

“This referral does not prevent the commissioner from holding the position of PCC. If a charge is brought this remains the case – it would not prevent her from remaining in office,.

“I am certain that some will see this as a significant stage in the investigation but in British justice an individual is innocent until proven guilty in a court of law.

“There is no charge, no trial and no verdict, and neither is there any impediment to the commissioner carrying out her duties as an elected representative of the people of Devon and Cornwall.”

Hernandez recently published her first police and crime plan and budget after Devon and Cornwall’s biggest ever public consultation on policing.

White said: “She has made additional funds available to the chief constable to allow him to recruit an additional 100 front line police officers and recently announced a new initiative that will change the way first time offenders are treated by the criminal justice system.

“If you consider her achievements since being elected to office I believe it confirms my view that the commissioner is fully meeting her obligations to the people of Devon and Cornwall.”

Hernandez is paid a salary of £85,000 a year, a figure is set by the home secretary. She has previously worked as a councillor.

She was on the Isles of Scilly on Tuesday speaking to police and members of the public and was understood to be working in Penzance on Wednesday.

Hernandez was not available for comment.”

What SHOULD super-Mayors (and LEPs) be doing?

This is what a think tank believes Mayors (and by extension Local Enterprise Partnerships) SHOULD be tackling.

Can anyone see any of these issues being given attention in our Devon and Somerset super-mayoral area?

… Mayors are due to be elected in May in Greater Manchester, the West Midlands, Tees Valley, Liverpool City Region, Cambridgeshire/ Peterborough and West of England, the latter an area based around Bristol.

The IPPR said its evidence base showed mayors should deliver inclusive growth by using their transport policy to prioritise poor neighbourhoods, establishing development corporations and championing the living wage and higher employment standards.

They could improve infrastructure by integrating land use planning and working with central government on housing investment and seek to embed health in all public policy.

The IPPR also urged mayors to set up companies to pilot ‘invest-to-save’ models in employment support, and to collaborate with councils to tackle homelessness….”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=30775%3Athink-tank-urges-new-mayors-to-make-full-use-of-powers&catid=59&

Devon Police and Crime Commissioner election expenses case will be referred for prosecution

“The investigation into Police and Crime Commissioner (PCC) Alison Hernandez and election spending will be referred to the Crown Prosecution Service (CPS). The Independent Police Complaints Commission (IPCC) has confirmed it intends to pass the file to the CPS after an investigation by West Mercia Police.

The CPS will consider whether any charges should be brought along with the cases of other MPs connected to spending on an election “battle bus” said to have exceeded the limit.

Andrew White, chief executive for the Office of the Police and Crime Commissioner for Devon & Cornwall, said the commissioner would not step down even if charges follow.

“This referral does not prevent the commissioner from holding the position of PCC,” he added. “If a charge is brought this remains the case – it would not prevent her from remaining in office.” To ensure absolute independence, in circumstances such as these, there is a clear legal process to be followed,” he said.

West Mercia police carried out the investigation into Ms Hernandez in her position as election agent to Torbay MP Kevin Foster in 2015, rather than Devon and Cornwall, to avoid any suggestion of bias.

The force is also considering whether to refer a second, linked investigation into spending locally to the CPS. A decision on this is expected soon and could see the commissioner face two charges in court.

“Although the case is being referred to the CPS, at this time, no decision has been made about whether charges will be laid against Ms Hernandez,” Mr White added. “There is no presumption that their consideration will lead to a charge and even if the CPS decide to charge it may be many months before any case comes to court.”

Mr White also clarified how the development affects Ms Hernandez’ position as PCC. “I am certain that some will see this as a significant stage in the investigation but in British justice an individual is innocent until proven guilty in a court of law. “There is no charge, no trial and no verdict, and neither is there any impediment to the commissioner carrying out her duties as an elected representative of the people of Devon and Cornwall.”

Read more at http://www.devonlive.com/crime-czar-s-election-expenses-case-referred-to-cps-for-charging-decision/story-30266031-detail/story.html

Hugo Swire – another job – Twitterer par excellence!

The proof? This wonderful picture of him, Stuart Hughes and A.N. Other – under another wonderful picture of an egg laid by one of the hens at his MID-DEVON home recently posted to his Twitter account:

Perhaps the photographer thought calves, ankles and feet were their best features to woo voters with.

Mrs Swire, who is employed at around £35,000/year in his office, is said to “help” with his publicity – perhaps she was the person taking the photo or putting it on to Twitter? Though never having seen her in the flesh locally (has anyone not in the higher echelons of the local Tory party EVER seen her?) Owl wouldn’t be able to identify her.

Perhaps she’s home in MID-DEVON looking after the hens. Important job if you want fresh breakfast eggs.

Just another reminder about Mr Swire’s view of his “non-job” in EAST Devon:
https://www.hugoswire.org.uk/news/blog-greed-george-osborne

How did TV companies get to Knowle so quickly?

How were BBC Devon and Westcountry News able to get to Knowle so quickly when the Exmouth “regeneration” Development Management Committee didn’t start its meeting till 10 am yet Mark Williams was able to give an interview for the 1.30 pm edition of Spotlight and one that appeared on West Country News at 6 pm? And TV cameras were inside the meeting too.

Somehow they never seemed to be interested in the public’s protests about the same issues ….. though West Country News did at least balance the news today with local campaigners who were in disagreement with the decision.

And should Mark Williams have said he favours Grenadier’s watersports centre – after specifically naming them in his interview – isn’t he supposed to be neutral?

Exmouth “regeneration” plan approved by EDDC

Farewell lovely, unique Exmouth, hello clone seaside town that will put off many tourists.

Swire says it’s positive to close Ottery’s “geriatric home” hospital

Venner’s earlier remarks here:
https://eastdevonwatch.org/2017/04/06/tory-dcc-candidate-in-ottery-thinks-hospital-closure-is-progress-and-it-was-just-a-geriatric-home/

Swire’s agreement here:

So, if you think it is positive and right to close your community hospital because it’s just a “geriatric home” – Venner and Swire are your (negative!) candidates and heaven help you when you.

It used to be that geriatric was defined as anyone over 60 – so Mr Swire is nearing that age and Mr Venner looks like he might qualify too – let’s hope neither of them finds the need for NHS geriatric care any time soon as, given local NHS plans, there won’t be any – though, of course, there will be luxury geriatric care for those who can afford it (perhaps at the Knowle in Sidmouth)!

Meanwhile remember that Independent candidate Claire Wright has campaigned tirelessly for a better, more secure NHS, wants to protect your environment – and isn’t geriatric but is willing to fight for anyone in that corner too!

And this information might be helpful for Messrs Swire and Venner:

“Data gathered by the charity Skills for Care, shows that in 2015-16 there were more than 1.3 million people employed in the adult social care sector in England.

Analysing the data, BBC News has found that:

An estimated 338,520 adult social care workers left their roles in 2015-16. That is equivalent to 928 people leaving their job every day.

60% of those leaving a job left working in the adult social care sector altogether

The average full-time frontline care worker earned £7.69 an hour, or £14,800 a year.

One in every four social care workers was employed on a zero hours contract.
There was an estimated shortage of 84,320 care workers, meaning around one in every 20 care roles remained vacant.”

http://www.bbc.co.uk/news/uk-england-39507859

Government fiddles with litter while NHS burns

Yes, dealing with litter IS important- but not as important as our NHS. Yet there is time and manpower for litter but not our NHS.

This is what a minister had to say about litter:

Communities Minister Marcus Jones said:

It’s time we consigned litter louts and fly-tippers to the scrap heap of history. Through our first ever National Litter Strategy we plan to do exactly that.

Our plans include targeting the worst litter hotspots, cracking down on litter louts with increased fines and getting people to bin their rubbish properly.

For too long a selfish minority have got away with spoiling our streets. It’s time we sent them a clear message – clean up or face having to cough up.”

https://www.gov.uk/government/news/government-publishes-new-anti-littering-strategy

Now imagine this re-formed as a comment about the NHS:

Health Minister Xs said:

It’s time we consigned CCG’s and Sustainability and Transformation Plans to the scrap heap of history. Through our first ever commin sense decision we plan to do exactly that.

Our plans include targeting the worst CCGs, cracking down on overpaid managers and consultancy companies with increased fines and getting people to design our health service properly.”

For too long a selfish minority have got away with spoiling our NHS. It’s time we sent them a clear message – clean up or face having to cough up.”!

Devon Tory MP admits election expenses errors

Well done to him for admitting it – but his election agent shares the blame. Wonder if our Police and Crime Commissioner and ex-election agent Ms Alison Hernandez will be forthcoming? Owl’s guess – no. Will our Police and Crime Panel (Tory majority) do anything – no. Will we see any criminal proceedings – no. Would we see them if it was any other party or independent – you bet!

“A Conservative MP admitted in a police interview that some of his election expenses were wrong but excused the errors on the grounds that he had no previous political experience, according to a report on how police handled the inquiry.

Johnny Mercer, Tory MP for Plymouth Moor View, was investigated by police after the general election in 2015 and a file was handed to the Crown Prosecution Service (CPS). It was decided, however, that there was insufficient evidence to charge him with any offence.

A Devon and Cornwall police report from the time states that Mercer had acknowledged during an interview that “some of his claims had been wrong” but had argued that they were minor, did not take him over election spending limits and that this was understandable given his lack of political experience.

The admission calls into question the Conservative party’s claim that “the local agents of Conservative candidates correctly declared all local spending in the 2015 general election”. …”

https://www.theguardian.com/politics/2017/apr/10/tory-election-spending-johnny-mercer-mp-police-some-claims-were-wrong

“Laptop with plans for UK’s new £18bn nuclear plant stolen from contractor’s car in security blunder”

“A LAPTOP with plans for the UK’s flagship new nuclear plant was stolen from a dozy contractor’s car in a huge security blunder.

He left the computer, packed with details about the £18billion Hinkley Point C reactor, on show in his motor on Wednesday night and thieves helped themselves.

The worker only realised it was missing the next morning and alerted the Civil Nuclear Constabulary, the armed force that guards nuclear sites. Police launched an investigation but last night the £350 Acer laptop and a £500 Samsung tablet nicked with it were still missing.

Officials at the plant, mainly funded by French energy giants EDF, insist there is no evidence either device holds “nuclear sensitive information”.

But only last Sunday, Energy Minister Jesse Norman warned nuclear chiefs to “remain resilient” amid fears ISIS was targeting their power stations. …”

https://www.thesun.co.uk/news/3291386/laptop-with-plans-for-uks-new-18bn-nuclear-plant-stolen-from-contractors-car-in-security-blunder/

No staff austerity cuts for EDDC – on the contrary!

The number of employees at EDDC continues to rise – up by 8 between September and December 2016. As these are full-time equivalent jobs, the cost of those extra 8 staff will likely be around £300,000 per annum.

Mysteriously, the employee statistics, which are normally published monthly, are now three months out of date …

Relocation: the sums just don’t add up

So Mark Williams says that ‘We have an asset that will appreciate in value’.

First of all, it may not, but more importantly, the increasing value of the Knowle as an asset has always been excluded from EDDC’s calculations.

Finally, after seven or eight years, EDDC have recognised that the Knowle is a capital asset that is likely to increase in value.

Even when the figures were manipulated to show the move as ‘cost neutral’, that façade was only maintained because the value of the Knowle (at least £7.5 million) was equated to the value of the new HQ at Honiton (valued by JLL at £2-3 million). Since then, of course, ‘cost neutral’ has gone out of the window.

So we now have the proceeds of sale = £7.5 million – possibly, assuming in these trying times a sale is even possible.

Cost of replacement buildings = £10 million (Honiton) + Exmouth £1.7 million + Manstone £1 million = £12.7 million.

Net loss £5.2 million.

Plus new road at Honiton = £225,000.

Plus admin costs to date = £2 million.

Plus costs of moving = say £3 million. (New equipment, staff compensation, etc.

Plus loss of asset value = £7.5 million – £2.5 million = £5 million.

Total loss is now in this scenario about £15.5 million.

This is all to achieve gains in running costs. However, estimates for Manstone were never included. The cost of running three HQs rather than one will be higher because of increased travelling, and commuting between sites.

Were Option 3 to be pursued, and the modern buildings improved at a cost of £1 million to £1.5 million, then the ‘new’ Knowle would be a very cheaply run building.

The £2 million already spent on admin cannot be recovered, so that is a sunk cost.

So pursuing Option 3 would cost £12 million less, and almost certainly reduce running costs. And leave EDDC with a far nicer building than a cheap and uninspiring shed of offices on an industrial estate at Honiton.

The above assumes that EDDC’s numbers are correct, but we all know that the cost of relocating will rise as the scheme is pursued, and we no longer have the guarantee of Pegasus money coming through. Plus, of course, EDDC may feel the need to employ even more consultants!

So, we will not see any change out of £20 million. And there will be no savings as to running costs compared to Option 3.

All this at a time of local government reorganisation.

Real numbers: not EDDC’s strongest point …

Supping with the devil – NHS talks to hedge funds to borrow £10 billion

The NHS is in talks with hedge funds about borrowing up to £10 billion to repair hospitals and beef up GP care.

Health chiefs believe that low interest rates mean the NHS has a “golden opportunity” to raise money for infrastructure without relying on the chancellor.

The Times has learnt that health officials have reached the outline of an agreement with one or two hedge funds, as well as other investment companies. However, no deal can be signed without Treasury approval.
Jim Mackey, chief executive of the financial regulator NHS Improvement, is to meet Treasury officials today to urge them to sign off a round of private borrowing to create a central NHS infrastructure fund to which local services can apply.

Health unions called the discussions a “cry for help” from managers. Hedge funds are investment companies, some of which are known for aggressive strategies. Simon Stevens, the head of NHS England, has agreed not to ask for more day-to-day funding after a spat with Downing Street this year, and negotiations in Whitehall now centre on cash for infrastructure.

Billions of pounds is needed for buildings, equipment and IT systems to implement Mr Stevens’s vision of tests and specialist care at GP surgeries, rapid-response teams to keep elderly people out of hospital and quicker and better treatment for cancer and mental illness. He warned last month that a lack of cash to get such services up and running was one of the “significant risks” to his plan.

A £5 billion maintenance backlog also needs to be cleared after years of raiding repair budgets to cover hospital overspending. “We have to be realistic because we are not going to get a £10 billion cheque to pay for all the transformation under way and the massive maintenance backlog, so we need to think long and hard about another way,” Mr Mackey said.

“Historically low interest rates are a golden opportunity for the NHS but we are constrained by rigid rules around borrowing that prevent us from taking action. An NHS fund could power the improvement needed to sort out problems at our hospitals and to drive the change required to get the NHS ready for future challenges.”

Ministers have accepted the need for some private cash after an official review concluded that £10 billion was required to boost an “insufficient” NHS infrastructure budget. However, they expect public money and land sales to provide most of it.

Jonathan Ashworth, the shadow health secretary, said: “It’s shocking that NHS leaders are in secret negotiations with hedge fund bosses . . . Theresa May has refused to respond to the needs of crumbling hospitals, ageing equipment or provide the necessary investment in community facilities.”

The NHS could expect to receive similar interest rates to the 1.1 per cent available to the government for ten-year loans. Concerns about how the borrowing would show up on government balance sheets must be overcome, as must Treasury scepticism about NHS financial acumen.

Mark Porter, head of the British Medical Association, said that while the Stevens plan “could have offered a chance to deal with some of the problems that the NHS is facing, this move shows how desperately the health service needs more funding. The government must take heed.”

Analysis: Proposals will scare Treasury

A new front has been opened in the NHS campaign for cash. The service’s leaders have largely accepted that there will be no more money until nearer to a general election but now the focus is on raising infrastructure funds.
There are two good cases for a one-off injection.

First, capital budgets have been raided to the tune of about £2 billion in two years to bail out struggling hospitals. Second, this has come at exactly the time the NHS needs money to set up the better local services that underpin its five-year plan. Cash spent now on therapists, equipment and computer systems to keep people well will pay off many times over in hospital visits avoided in future, the argument runs. Philip Hammond accepted the logic in last month’s budget, allocating £325 million for the most advanced transformation plans, describing it as a down-payment on a package to be negotiated this summer.

Today’s revelation raises the stakes in talks, which were already looking delicate. The Treasury tends to have a very poor opinion of NHS financial management skills and the prospect of the health service negotiating terms with seasoned hedge fund bosses is likely to cause palpitations in Whitehall. Then there is the spectre of the Blair-era private finance initiative. Although this helped dozens of shiny new hospitals to get built, many believed that they would have been cheaper in the public sector. The NHS is still paying £2 billion a year under PFI deals, with some hospitals claiming that they have had to cut other services to meet inflexible repayments.

Ministers do not want to say no to private funding if that will increase pressure to find more public money. Most likely is a compromise where less eye-catching ways to raise private capital are matched by taxpayers’ cash. If not, the winter row over NHS funding will erupt in a new form over the summer.”

Times – paywall

“Sale of Knowle set to be ‘uncoupled’ from EDDC’s £10million relocation”

DANGEROUS! DANGEROUS! DANGEROUS!

If/when it all goes pear-shaped, WE the council tax payers will not only foot the bill but see services cut – as interest payments on a loan will take precedence over services.

AND what happens when (as seems almost certain) “Greater Exeter” or Devon becomes a unitary authority? There will be no need for vanity project buildings which will be expensive white elephants as a glut of un-needed council properties hit the market.

Basically, EDDC is squandering OUR money. Disgraceful.

AND WHERE ARE THE INTERNAL AND EXTERNAL AUDITORS REPORTS ON THIS HIGH-RISK STRATEGY? Is EDDC ploughing ahead yet again with incomplete legal and financial information?

“Sidmouth representatives slammed the ‘cavalier’ decision to borrow money to fund the move to Honiton and Exmouth – but East Devon District Council’s (EDDC) top officers said there is greater risk in standing still.

Cabinet members were given the options of borrowing cash to ‘go now’, waiting for the outcome of developer PegasusLife’s planning appeal after it offered £7.5million for Knowle, or staying put and modernising the former hotel or its offices, together with a refurbished Exmouth Town Hall.

Speaking at Wednesday’s meeting, Sidmouth councillor Cathy Gardner said: “If you commit to borrowing a large amount of money at taxpayers’ expense, you aren’t in control. You are in more control when you know the outcome of the planning appeal.

“These figures aren’t certain. These are just estimates based on assumptions.”

She questioned if the officers had costed staying at Knowle, selling off part of the site and marketing its Heathpark plot in Honiton to another developer.

Councillor Marianne Rixson, who also represents Sidmouth, said EDDC was taking a ‘cavalier approach’ to spending taxpayers’ money, adding: “Any future developer will know you are desperate and will not match the price offered by PegasusLife.”

EDDC originally promised the relocation would be ‘cost neutral’, it would not borrow money and the project would not progress before Knowle was sold.

But chief executive Mark Williams disagreed, saying the ‘go now’ option ‘derisks planning’, while delaying ‘increases risk’. He added “We have an asset [Knowle] that will appreciate in value.”

Officers said pressing ahead with the relocation to Honiton’s Heathpark and Exmouth Town Hall is the most cost-effective option and could make EDDC £1.4million better off over 20 years.

If it chooses to delay the project so planning permission for Knowle can be secured, it could be £400,000 better off than it is now.

In contrast, members were told if they chose the ‘go minimum’ option – giving up on the new-build Honiton HQ, completing the refurbishment of Exmouth Town Hall and modernising a section of Knowle for £11.3million or £5.9million – they would be £4.5million worse off. There is no capital receipt to fund the modernisation.

Cllr Tom Wright said: “There has been a lot of talk about uncertainty. This building is unfit for purpose. Moving is not a vanity project. It’s to improve what we can do. If we stay here, it’s money down the drain. This building is useless for the 21st Century. This land isn’t going to lose value.”

The ‘go now’ option won the support of cabinet members but is now set to be considered by a joint meeting of the overview, scrutiny and audit and governance committees on April 18.

It will then go before the full council.”

http://www.sidmouthherald.co.uk/news/sale-of-knowle-set-to-be-uncoupled-from-eddc-s-10million-relocation-1-4966674

You want to know the (deliberately deprived) state of our NHS and Social Care?

Read these articles:

Cuts = more sick people:
https://www.theguardian.com/society/2017/apr/05/public-health-cuts-will-lead-to-more-sick-people-report-warns

Cut “pensioner perks” to pay for social care:
https://www.thetimes.co.uk/article/cut-pensioner-perks-to-fund-social-care-8wk9c83kc

Paupers funerals soar:
http://www.mirror.co.uk/news/politics/dickensian-style-paupers-funerals-soared-10180956

NHS: condition critical:
https://www.thetimes.co.uk/edition/news-review/the-nhs-condition-critical-dfzxsknrh

“The great town hall property buying spree” full text

“After a career as an investment manager at HBOS, the bank that had to be bailed out by Lloyds during the financial crisis, Donna Jones became leader of Portsmouth city council in 2014. It was a time of belt-tightening, with the prospect of government funding for local authorities drying up altogether by 2020.

“It was clear to me we had to start running councils like businesses,” said the 39-year-old Conservative councillor. “To survive during the austerity programme, the only way to protect high-quality public services was to go out and generate income. We’re not moving to fortnightly bin collections or closing any libraries, swimming pools or museums.”

She has been true to her word. The council is now selling back-office facilities, such as human resources and IT support, to charities and smaller councils. It has leased the naming rights to the Spinnaker Tower, the city’s 560ft-high landmark, to Emirates airline.

Portsmouth’s local authority has also amassed a commercial property portfolio — most of it many miles away from Fratton Park football stadium, HMS Victory and Southsea Castle.

Using £110m of debt, Portsmouth has so far bought properties including a DHL distribution centre near Birmingham, a Waitrose store in Somerset and a Matalan warehouse in Swindon. In December, it sold a long lease on the Wightlink ferry terminal to the insurer Canada Life for £73m. The proceeds will be used to raise the portfolio’s size to more than £180m.

Jones said the deals were already producing £4.9m of annual income after interest. Combined with other measures, that means only £900,000 of the £9m budget cuts that Portsmouth must implement in the coming year will have to be passed on to residents through service reductions, she said.

Across England, other councils are doing the same. Empowered by the 2011 Localism Act and funded by cheap loans from an obscure subsidiary of the Treasury, 49 local authorities went on a £1.3bn property buying spree last year — spending far more than the £142m recorded in 2015.

However, there are growing concerns in the private sector and parts of Westminster that government grant cuts, coupled with generous lending by the Public Works Loan Board (PWLB), are encouraging councils to take risks they do not properly understand — in an asset class that is more volatile than many realise. Most of the property deals have been 100% funded with debt, leaving both councils and the Treasury exposed to immediate losses if values fall.

William Hill, the former head of property at the fund manager Schroders, warned in January that councils were “behaving like hedge funds exploiting a financial arbitrage”. He questioned why the government was lending to local authorities “to buy real estate on terms that make bank lending to the property sector before the [great financial crisis] look positively conservative”.

Sam Resouly, a partner at the investment firm Trinova Real Estate, said the trend had caused “distortion” in the market, with the PWLB giving councils an advantage over other bidders. He added: “If they buy 10 years’ income, they have to accept that as 10 years goes to zero, they’re going to get a rapid deterioration in the value of that asset. At some point they’re going to have to spend money to get it up to standard, and what happens to councils’ accounts then?”

One management consultant, who did not want to be named, said: “It’s hard to see why councils aren’t just the dumb money in the property market.”

The borough council of Spelthorne, a patch of the Surrey commuter belt that is home to 95,000 people, had the dubious honour of doing Britain’s biggest local authority property deal last year. It boasted of outbidding “national and international” investors to buy BP’s Sunbury office campus for £360m. The complex has been leased back to the oil major for 20 years, yet Spelthorne financed its purchase with a 50-year fixed-rate loan from the PWLB.

Although the council is paying down the loan year-by-year — unlike most other PWLB borrowers, which pay interest only — the mismatch raises the possibility that Spelthorne will be on the hook for repayments on an empty building in 20 years, when BP’s lease runs out.

Terry Collier, deputy chief executive of the authority, said it had taken out a 50-year loan because “it was just the way the financing worked best for us”.

He said BP had been on the site for 100 years, and was an important local employer, but added: “We wanted to secure a key site within the borough which was 3½ miles from [Heathrow] Terminal 5. Regardless of what BP do long term, that’s a valuable site, and we obviously did our options analysis around various scenarios.”

Spelthorne took confidence from the fact it was advised by Cushman & Wakefield, a well-known property agent. Cushman, however, is likely to have received a seven-figure fee, based on typical industry contracts, meaning it was hardly incentivised to advise against the deal.

Of the 76 council property transactions last year, 58 involved authorities buying within their own geographic area, according to a report by the consultancy CBRE. Spelthorne’s purchase added £3m a year to its annual £13m income after interest costs, but also gave the council control of what it called a “strategic” local site. Similarly, Canterbury council in Kent spent £79m on 50% of the city’s Whitefriars shopping centre, with the dual aim of generating income and improving the mall, and Surrey Heath bought up a chunk of Camberley town centre for regeneration.

There were 18 instances of councils venturing beyond their boundaries for deals, apparently driven entirely by the hunt for investment yield. Tony Martin, a director at CBRE, played down the significance of this, saying there was “only a very small number who will do it”, but the trend among the likes of Portsmouth seems to be accelerating. Some are even considering going overseas.

East Hampshire is one. It was the only authority in England to announce a council tax cut this month. The council leader, Ferris Cowper, a former director of the confectionery giant Mars, believes the authority could scrap the tax altogether within five years despite the loss of central government grants.

As well as making money selling services such as planning and regeneration advice, Cowper has built a £24m property portfolio that produces more than £2m a year after costs.

He is in the process of negotiating £200m of new loans, at least half of them from the PWLB, to ramp up East Hampshire’s activities. Those borrowings would amount to eight times East Hampshire’s annual budget of £25m. “That will be for opportunities nationally and, depending on the yield and risk profile, internationally too,” said Cowper, who plans to remain a cabinet member to oversee the strategy.

At the heart of this property boom is the PWLB, a body set up in 1793 to lend councils money for sanitation works. It now gives them access to cash from the National Loans Fund for “capital projects” — in theory, building and infrastructure — and has a balance sheet of more than £65bn.

The PWLB allows authorities to raise finance at sovereign prices: according to its website last week, £100m from the PWLB over 20 years would cost a council just 2.2% annually. The equivalent private sector rate would be 4% to 5%.

The process is surprisingly simple. Since Sir Eric Pickles, the former communities secretary, abolished the Audit Commission, councils have set their own borrowing levels based on the Chartered Institute of Public Finance’s prudential code for capital finance without close supervision by the government.

Provided a council can assure the PWLB it is operating within its limit, which is agreed every year by the cabinet and signed off by its finance director, it can borrow as much as it likes without telling the PWLB the purpose of the loan. The PWLB lends to the council without taking security over the asset.

Councils’ interest payments must be paid ahead of their other commitments, such as spending on services, although the current spread between the PWLB’s rates and property yields means they can service the debt and keep a profit.
A parliamentary report last year noted that changes to the PWLB’s early repayment charges meant that fewer councils were paying off loans early.
Henry Stannard, an associate partner at the strategy consultancy OC&C, said councils were exploiting a loophole. He suggested they were using a legal but circuitous route to “launder” money ring-fenced for capital projects into the separate part of their budgets set aside for spending on services such as adult care.

“This is not what the PWLB was set up for, and it’s not what it’s been funding for the past 200 years,” he said. “There has to be a better way of funding local government than these sorts of cheats.”

The Treasury is absorbing the PWLB and taking over its functions, although it said local authorities would “continue to be able to access loans as before”, and that interest rates would “continue to be the responsibility of the Treasury”.

For now, the multibillion- pound property gamble is set to roll on. In the words of Tony Travers, local government expert at the London School of Economics, councils’ attempts to make profits are an “intended consequence” of Downing Street’s plan to cut local authority grants by 2020 while protecting spending on defence, the NHS and pensions.

The next property market crash will test the wisdom of that policy.

Are you being served?

Councils spent £1.3bn on commercial property last year as they sought ways of generating income to make up for central government grant cuts. They are doing this with cheap loans from an arcane branch of the Treasury that is supposed to help pay for infrastructure investment.

MPs raised the alarm over the trend in November. The public accounts committee, chaired by Labour’s Meg Hillier, said the Department for Communities and Local Government appeared complacent about the risks from councils “increasingly acting as property developers and commercial landlords with the primary aim of generating income”.

The report noted that:

• councils’ spending power on services, based on government grants and council tax, fell by more than a quarter from 2010-11 to 2015-16, and is set to drop another 7.8% by 2019-20;
• councils’ spending on capital projects ­— building and infrastructure, but also property investment — rose by 13.6% from 2010-11 to 2015-16; and
• a “significant” number were already having to use more than 10% of the money meant for services to meet interest payments on debts.

The MPs said the department did “not have good enough information” on the pattern of property investment. They pointed out that three-quarters of councils’ capital spending was grouped under one category — hiding the shift from building libraries and museums to investing in office blocks and supermarkets for yield.

The Tory MP Richard Bacon questioned councils’ ability to build portfolios. “We all know plenty of examples of local authorities that could not run a bath or organise their way out of a paper bag,” he said, referring to the early 1990s interest-rate swaps fiasco in Hammersmith & Fulham, west London. The council amassed £6.2bn of risky derivatives bets and was saved only when the House of Lords ruled them void.

Last week, Moira Gibson, leader of Surrey Heath council, accused critics of “underestimating councils”. She said her authority used outside advisers, including Montagu Evans, to help run its £130m portfolio.”

Times Newspapers (paywall)

“The Great Town Hall Property Buying Spree”

Full page article in today’s Sunday Times main section, page 5.

The article relates to borrowing from the Public Works Loan Board (PWLB – a Treasury outpost) from which East Devon District Council expects to borrow to pay for its new Honiton HQ, and which the article warns:

… there are growing concerns in the private sector and parts of Westminster that government grant cuts, coupled with generous lending by the
PWLB are encouraging councils to take risks they do not properly understand- in an asset class that is more volatile than many realise. Most of the property deals have been 100% funded with debt, leaving both the councils and the Treasury exposed to immediate losses if values fall. …

… Sam Resouly, a partner in an investment firm … said the trend had caused a distortion in the market … If they buy 10 years’ income, they have to accept that as 10 years goes to zero, they’re going to get a rapid deterioration in the value of that asset. At some point they’re going to have to spend money to get it up to standard, and what happens to council’s accounts then? …

… Councils’ interest payments must be paid ahead of their other commitments, such as spending on services …

… an associate partner of a strategy consultancy said” … councils were exploiting a loophole. He suggested they were using a legal but circuitous route to “launder” money ringfenced for capital projects into the separate part of their budget set aside for spending on services such as adult care. …

“UK to ‘scale down’ climate change and illegal wildlife measures to bring in post-Brexit trade, secret documents revea”

Bad news for East Devon.

The UK Government plans to water down regulations surrounding climate change and illegal wildlife trading in an effort to help secure post-Brexit trade, civil service documents have reportedly revealed.

In an upcoming speech by Tim Hitchens, the director-general of economic and consular affairs at the Foreign and Commonwealth Office (FCO), he said the UK must to change its focus to carry out Prime Minister Theresa May’s vision of the UK as a “great, global trading nation”.

“You have a crucial role to play in posts in implementing our new approach to prosperity against the huge changes stemming from last year’s Brexit vote,” the notes seen by The Sunday Times read.

“Trade and growth are now priorities for all posts — you will all need to prioritise developing capability in this area. Some economic security-related work like climate change and illegal wildlife trade will be scaled down.”

A changing focus would reportedly make it easier for the UK to sign deals with Africa and Latin America.

The speech will take place on 26 April at a conference called Prosperity UK, sponsored by think tanks Legatum Institute and Open Europe.

The documents were contained in the folder of a senior civil servant at the Department for International Trade and were photographed by a passenger on a train.

They also exposed tensions between that department and the FCO, which are in the same building.

Some senior civil servants have expressed frustration that Liam Fox, the international trade secretary, is more focused on signing tariff-free trade deals around the world than rolling back regulatory burdens.”

http://www.independent.co.uk/news/uk/politics/uk-government-to-scale-down-climate-change-and-illegal-wildlife-measure-a7674706.html

Brexit taking emphasis away from other major problems

Putting health and social care on the back burner is tantamount to allowing unnecessary deaths.

Ever since Theresa May set out her vision to govern for everyone and not just the privileged few last July, those in the charity sector who work to reduce poverty and inequality have waited patiently. Campbell Robb, the chief executive of the Joseph Rowntree Foundation, was one of many charity leaders who hoped for progress. He wanted to see a revamp of the government’s much-criticised “troubled families” programme, a £1bn scheme set up by David Cameron in 2011 and billed as the Tories’ flagship social policy initiative.

But when the Department for Communities and Local Government issued its first annual report on the programme, the charity sector was hugely disappointed. Robb described the document that emerged as “thin” and a “testament to the vacuum” that exists where we need to see “big political and social change”. It was barely noted in the media, which focused instead on a range of austerity-driven changes to the tax and benefit system, announced originally by George Osborne, which came into effect at the beginning of the new tax year. The changes hit the poorest hardest, while helping millions of the better off. The view increasingly held by thinktanks, and across the public sector, is that May’s government – even if well intentioned in wanting to reduce inequality and enhance opportunity for all – is too distracted and too constrained by the state of the public finances to do so.

“There is a danger that Brexit could suck the oxygen out of attempts to implement a sweeping programme of social and economic reform that is badly needed at home,” Robb said.

Even within parts of the Tory party, MPs and others worry that Brexit is now the only show in Whitehall, one so all-consuming, so draining of civil service and ministerial energies that everything else – the May agenda included – is on the back burner.”

https://www.theguardian.com/global/2017/apr/09/focus-brexit-obliterates-social-policy-agenda

“Tory MP bills taxpayer for megaphone he hired to blast cuts made by his OWN party”

“A wealthy Tory MP claimed £45 for a megaphone to lead a march protesting against NHS cuts.

The Sunday Mirror can reveal Conservative Jonathan Djanogly billed the taxpayer for the item which he rented ahead of a rally to save his local hospital.

Yesterday we sent a reporter to his constituency where locals branded him a hypocrite.

One said: “The hospital was under threat because his party is attacking the NHS. He’s been acting the hero, but this shows he’s just as bad as the rest of them.

“He probably could have borrowed one for free.”

Local Labour chairman Dr Nik Johnson said: “We’ve been wondering whether we are going to be asked to pay some money towards it too, as I was also asked to speak at the march.

“It was handed round various speakers, so we don’t know if we owe something for it or not.”

http://www.mirror.co.uk/news/uk-news/tory-mp-bills-taxpayer-megaphone-10185579