“Election officers urge “root and branch” review of electoral system”

We know all about election problems in East Devon! Indeed our Returning Officer and CEO Mark Williams was called to Parliament to explain our omnishambles when 6,000 voters disappeared from the electoral roll in the year before general and local elections.

And an interesting point made on the declarations of electoral administration expenses.

“Election officers were “pushed to the absolute limit” by this year’s glut of polls, the Association of Electoral Administrators has said in a report.

This covered the period of local elections last May and the referendum on European Union membership in June, both conducted on new registers under the individual electoral registration system.

The report said election administrators would recall 2016 “as the year that the system came closer to collapse than ever before”.

The combination of May and June polls left administrators “stretched beyond belief” as they struggled to run multiple local polls and the referendum back to back, the AEA said.

This was complicated by the 48-hour extension to the registration deadline for the referendum.

The AEA warned that the system would be unable to cope with further burdens unless it were reformed.

Chief executive John Turner said: “What is required is a root and branch review of the whole arrangements for registration and the conduct of elections rather than more adjustment and change to a system so deeply rooted in the 19th century.

“Many of the problems that currently exist and which surfaced again at this year’s elections are because of the historic nature of the systems in place and which are increasingly becoming unfit for purpose.”

The AEA said the Government should implement the Law Commission’s
recommendations for a single Electoral Administration Act setting out the high-level framework governing electoral registration, elections and referendums in the UK, with the operational detail of registration, absent voting, and elections contained in secondary legislation.

It should also publish an assessment of the risks associated with any proposed changes to legislation before making any changes.

The Cabinet Office should ensure that administration expenses claims submitted are audited and settled within the same financial year, the AEA said.

It also called for staff to be exempt from auto-enrolment for pensions when they were working on elections and referendums, as opposed to their normal duties, to avoid creating a liability for election administrators.

The AEA sounded the alarm over the multiple polls due on 7 May 2020, when a UK Parliamentary general election, police and crime commissioner elections and those for numerous local authorities and elected mayors are due to coincide. It called on the Government to consider changing the date of some of the polls involved.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=28433%3Aelection-officers-urge-root-and-branch-review-of-electoral-system&catid=59&Itemid=27

EDDC’s Section 106 records appear to be a shambles:

Does EDDC know how much S106 money it has and how much is owed?

Could this happen here?

Reading Borough Council officer has been jailed over a £42,000 fraud involving money raised from developers through section 106 planning gain contributions.

The council said that a review of its Section 106 system in April had uncovered an anomaly that on further investigation proved to involve fraud.
Peter Owusu-Ansah pleaded guilty on 1 August at Reading Crown Court to one charge under section 4 of the Fraud Act, and has now been sentenced to two years’ imprisonment.

A council statement said the review found no other problems but a detailed audit had been undertaken and recommendations were made to improve processes.

Mr Owusu-Ansah’s fraud involved £42,425.84 and the council will use the Proceeds of Crime Act to try to recover money from him.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=28295%3Aofficer-jailed-for-section-106-planning-gain-fraud&catid=63&Itemid=31

Private is private but public is scrutiny – but by whom?

Owl thinks private lives should be private – but if you have a public life that puts you in direct conflict with that private life (such as heading an inquiry into drugs and prostitution) then you should be prepared to be held to account. But who does that accounting?

The Daily Telegraph explains the difficulty:

The Code of Conduct for Members of Parliament is clear: “Members should act on all occasions in accordance with the public trust placed in them. They should always behave with probity and integrity …”

During a parliamentary career that has lasted almost 30 years so far, Keith Vaz has faced many questions about how well he lived up to that standard. …

… His chairmanship of the Commons Home Affairs committee does not just give him a prominent public position and an additional salary, it also gives him regular direct contact with senior ministers and officials, and privileged access to some of the most sensitive official information about matters of crime and national security.

In short, Parliament has chosen to ignore all of the questions about Mr Vaz’s conduct over many years and reward him with a position of great power and responsibility.

Time and time again, serious concerns have been raised about the “integrity and probity” of Mr Vaz. Every time, the parliamentary authorities have failed to investigate those concerns with the tenacity or objectivity requited to give the public full confidence in their findings and in Parliament as a whole.

This newspaper has argued over many years that MPs sadly cannot be trusted to police their own conduct, calling instead for independent oversight, perhaps from a body similar to the US Office of Congressional Ethics, an independent watchdog solely composed of non-politicians.

Mr Vaz is living proof of why politicians cannot be trusted to regulate themselves.”

http://www.telegraph.co.uk/opinion/2016/09/04/keith-vaz-is-living-proof-that-mps-cannot-be-trusted-to-regulate/

EDDC cannot be sure what assets it owns and whether it is maintaining assets they no longer own

Some input from the Scrutiny Committee here, thinks Owl!

The following paragraphs detail all findings that warrant the attention of management.
The findings are all grouped under the objective and risk that they relate.
1.
Risk:
The Authority is not aware of all assets/land owned.” …

…The Principal Estates Surveyor believes EDDC could be maintaining assets that is no longer owned by EDDC because of a lack of interface between different systems. We understand that the Strategic Lead – Housing is currently looking at reducing the amount of cost/time spent maintaining land that is Devon County Council’s jurisdiction. …

… there is no senior officer with overall responsibility for managing the asset management system including the required changes needed to improve usage of the system. There is a risk that limited actions are undertaken to imp
rove the usage of the Uniform system as a result of lack of responsibility and ownership at a senior level. …

… 2.
Risk:
Land or assets owned by the Authority cause injury or harm to a member of staff or member of the public due to insufficient inspection, record management and actioning of work.

Click to access 010916amfcombinedagenda.pdf

Scrutiny, scrutiny, scrutiny

“The Department for Communities & Local Government has been urged to develop a closer relationship with councils to better mitigate the risks of service failures that led to Whitehall interventions in Rotherham and Tower Hamlets. …
… The interventions should highlight to councils the need to ensure that proper checks and balances and scrutiny arrangements are in place to drive a culture of transparency and continuous improvement, the review also concluded. Whitehall should consider additional oversight measures for councils exiting from interventions, such as the phased withdrawal of commissioners, assurances from external auditors or monitoring by other councils.” …

http://www.publicfinance.co.uk/news/2016/08/dclg-and-councils-should-collaborate-avoid-service-failure-say-mps

“Beyond metro mayors and ‘secret deals’: rethinking devolution in England”

The number of people who realise the devolution emperor had no clothes is growing.

“Beyond metro mayors and ‘secret deals’: rethinking devolution in England

As the guard changes in Westminster and new government seeks to differentiate itself from its predecessor, it is timely to review the state of the devolution debate, argues John Tomaney. Policymakers need to learn from the US experience and reconsider the fixation on mayors. Just as importantly, the problem with ‘secret deals’ must be addressed if devolution is going to have any real democratic credentials.

The Cameron/Osborne approach to devolution had a number of distinctive features. Chief among these was its fixation with the directly elected metro-mayor as the answer to urban governance problem. In the government’s diagnosis this model of governance addresses weaknesses in fragmented systems, improves democratic accountability and bring city- regions together round common economic development strategies. The government claimed:

The experience of London and other major international cities suggests that a directly elected mayor can cut through difficulties [of urban governance]. The government has therefore been clear that devolution of significant powers will rest on cities agreeing to rationalise governance and put in place a mayor to inspire confidence

But there is limited evidence to support these claims about the impact of directly elected mayors on local economic growth and the improvement of local services. Many of the assertions made in the English debate rest on more or less persuasive anecdotes drawn principally from the US experience and the limited experience in London.

The Limits of Metro-Mayors

Strong US mayors, with access to locally tax raised taxes, are seen as leading the renaissance of US cities. For instance, the economic resurgence of New York City is often attributed to the pro-business policies of ‘strong mayors’ such as Michael Bloomberg.

Rather less attention, however, is devoted to counterfactuals. We might look at the case of Detroit, where ‘strong mayors’ have presided over a vicious circle of economic decline and municipal bankruptcy. A high degree of local self-finance, far from ensuring resilience, was arguably a causal factor in the precipitous decline of Detroit. The mayoral system is in crisis there.

In 2013, the sixty-fifth mayor of Detroit, Kwame Kilpatrick, was sentenced to twenty-eight years in prison after being convicted of a variety of corruption charges. The city of Detroit filed for bankruptcy in 2013 and the State of Michigan appointed an emergency manager to assume control of the council.

Strong mayors can lead to hubris and overreach and be the antithesis of models of policy-making based on deliberation and increased accountability and scrutiny. Mayors have managed both the rapid recent growth of New York City and the catastrophic decline of Detroit. Isolating the influence of mayors among the many other factors at work in these cases is very difficult.

One thing that can be said with certainty is that the mayors have not presided over an era of a democratic renewal. On the contrary, the US mayoral system has been associated with declining levels of electoral participation in the big cities.

At the time that Robert F Wagner Jnr was elected as mayor of New York City in 1953, voter turnout was over 90 per cent. By the time Bill de Blasio was elected 109th mayor in 2013, voter turnout was less than 30 per cent. Similar rates of decline in voter turnout can be seen in cities such as Philadelphia, Los Angeles and Chicago. These declines in voter turnouts have occurred, moreover, in cities that are endowed with much more extensive local media than is the case in northern English cities.

A key feature of the US mayoral model concerns how it facilitates close relationships between local political and business elites in ways which typically lack transparency and scrutiny and which underpin models of economic development that favour urban property interests. It is this aspect of the US model that seems to have had a particular influence in UK policy debates. For instance, at the 2015 Conservative party conference in Manchester, George Osborne proposed that where elected mayors had been created, they would have the power to add a (capped) infrastructure levy on business rates.

There is considerable uncertainty about how both the devolution of business rates and the infrastructure levy would work in practice, but the government is clear that a levy can only be raised if a majority of ‘business members’ of the boards of Local Enterprise Partnerships agree.

In effect, resources will only be allowed to be spent on infrastructure projects that are approved by a handful of ‘business leaders’. It might fairly be asked why the interests of a small number of appointed businesspeople should trump the mandate of an elected mayor. It might even be argued that this development represents a partial return of the franchise property qualification which was abolished by the Representation of the People Act in 1918.

The problem with secret deals

The new devolution arrangements are not the product of wide public debate in the areas to be affected by them, but instead are the outcomes of ‘secret deals’ (‘City Deals’, ‘Devolution Deals’, etc.) between political and business elites at the national and local levels, exemplified in the case of Manchester.

In essence, these deals are assembled locally from a menu of policies approved by HM Treasury. It stretches the imagination to see this approach as leading to meaningful democratic renewal. On the contrary, the model of devolution currently on offer is one designed to advance a narrowly defined set of business interests with very little democratic scrutiny. Arguably, it is this approach to politics that was rejected in the Brexit referendum.

Underpinning the new policy is a theory of economic development that fosters interurban competition and economic concentration, tolerates and indeed even celebrates high levels of socio-economic inequality, is comfortable with some groups and places being losers and locks-in enduring austerity, most especially in the places that have borne the brunt of public expenditure cuts to date. Innovation and entrepreneurialism in economic development is tolerated only within a highly restricted range of parameters. It is a form of devolution in which ‘business’ exercises a direct and indirect veto over the preferences of citizens. The emerging settlement is akin to the model of ‘post-democracy’, as elaborated by Colin Crouch, whereby formal mechanisms of accountability exist, but their practical role is increasingly limited and embodies the interest of a small elite.

In a country as centralised as the UK, the case for devolution is strong in principle. But as the Cameron/Osborne era is put to rest, this might be an appropriate moment to the reconsider the narrow model that has been offer to date.

Note: This blog draws from the journal article ‘ Limits of Devolution: Localism, Economics and Post-democracy’, published by Political Quarterly.

http://www.democraticaudit.com/?p=23993

Exmouth seafront tenders – time for review?

In response to a Freedom of Information request (below) on 15 February 2016, EDDC refused to divulge any information about the Moirai tender bid for Exmouth seafront.

Owl thinks that now this process has been abandoned, EDDC must divulge this information and that other bidders have no right to keep their bids secret.

Anyone fancy another request?

“Q 1. What information do you hold about any/all organisation that made enquiries in response to JLL’s marketing exercise in respect of the proposals ?
I refer you back to our previous response dated 16th February and quote from this below:

You also asked for the names of the organisations who submitted a bid for this work having been provided already with the number of organisations involved. In considering your request we have contacted the other organisations who submitted a bid and they have confirmed our view that this detail, at this point in time, is commercially confidential to them. We are therefore withholding this detail under Regulation 12(5)(e) of the Environmental Information Regulations.

I confirm that this response still stands and is directly relevant to this question and questions 2, 3, and 4 below.

Q 2. Who were the two applicants who were not chosen at the final interview ?
See above

Q 3.Did any of the two unsuccessful developers include ‘residential’ elements in their proposals? If so details please/
See above

Q 4. Please supply fullest details of the proposals that the two unsuccessful applicants offered.
See above

Q 5. Please provide details of all persons who comprised the selection panel that chose Moirai.
The selection panel was made up of Cllr John Humphreys, Cllr Tim Wood, Cllr Andrew Moulding, Richard Cohen and Alison Hayward

Q.6. Can you kindly confirm that the number of organisations, out of the 4,000 plus that were contacted by JLL, who chose to submit themselves to the final selection process was only three?

4 were initially interviewed and then, in March 2015, we considered 3.

Q 7. Taking into account EDDC’s promise to the public on the non-inclusion of ‘residential’ on the Queen’s Drive site, did any member, officer or advisor ever consider that EDDC’s ‘offer’ to developers had failed to attract a suitable candidate for preferred developer? If so full details please.
No information held”

Standards in public life – an example

It seems one of the rules for standards in public life is that no-one needs to resign if they don’t want to. And that lack of effective scrutiny is a widespread problem.

“A troubled NHS trust has paid millions of pounds to companies owned by previous associates of its embattled chief executive, BBC News has learned.
One firm received more than £5m despite winning a contract valued at less than £300,000, while another was paid more than £500,000 without bidding at all.

Both are owned by former acquaintances of Southern Health NHS Trust’s chief executive Katrina Percy.

The trust said it took its financial responsibilities “very seriously”.

‘Failure of leadership’

The BBC has also learned Southern Health has access to the services of former Labour spin doctor Alistair Campbell, after it hired Portland Communications to help with its ongoing problems.

Mental health trust Southern Health has been under intense scrutiny since an NHS England-commissioned report in December found it failed to investigate the unexpected deaths of hundreds of patients.

A failure of leadership and governance at the trust was blamed for the problems, a conclusion a subsequent CQC report in April agreed with.
In light of the criticisms, Katrina Percy, the only chief executive the trust has ever had, has faced widespread calls to resign but has refused to do so. …”

http://www.bbc.co.uk/news/uk-england-36922039

How to fail better in public services – be more honest and avoid superficial solutions

“The government must stop reaching for superficial solutions when explaining the failure of public services, according to an Institute for Government report released today.

In Failing Well, the Institute of Government analyses why organisations fail and makes recommendations on how to minimise the impact if and when things go wrong.

The report points to a raft of high-profile public service failures, such as Rotherham child services and Mid-Staffordshire Foundation Trust.

Within these and other examples, the institute found that cultures of denial, weak accountability and dysfunctional mechanisms for identifying failure “inhibited an effective response”.

It concluded that warning signs are often missed and that politicians routinely use “stock responses” to explain failures instead of seeking the root cause of the problem. …

… it was shown that the turnaround in performance [in case studies] was thanks to more honest reporting cultures, strong peer involvement, reinvigorated leadership and a shared ownership of failure. The tendency to restructure or lay blame, which is a standard organisational response to failure, was avoided. …

… “Failure is an ever-present threat in our public services – and the risks are increasing. Yet there are good and bad ways of responding to failure. Politicians too often use a superficial set of tools – restructuring a service or parceling out blame.

“But this won’t solve the problem: leadership, collaboration and transparency will,” she added. “Those overseeing turnarounds also need to hold their nerve and accept that performance can dip further as recovery begins.”

http://www.publicfinance.co.uk/news/2016/07/government-must-learn-fail-better-says-institute

Devolution: Horses, carts, stable doors …

EDDC issues a press release on 21 July 2016 saying that on 13 July 2016 its Cabinet decided to press ahead with devolution plans:

http://www.midweekherald.co.uk/news/cabinet_agrees_to_continue_east_devon_devolution_talks_in_principle_1_4625365

THEN

the Overview Committee discusses it on 28 July:

Click to access 280616-overview-agenda-combined.pdf

And STILL we are not allowed our say!

Priceless.

Local Enterprise Partnership scrutiny: Owl says “I told you”!

From Conclusions and Recommendations of Public Accounts Committee Report on Cities and Local Growth:

9. It is alarming that LEPs are not meeting basic standards of governance and transparency, such as disclosing conflicts of interest to the public.

LEPs are led by the private sector, and stakeholders have raised concerns that they are dominated by vested interests that do not properly represent their business communities.

There is a disconnect between decisions being made by local business leaders and accountability working via local authorities. It is therefore crucial that LEPs demonstrate a high standard of governance and transparency over decision making, at least equal to the minimum standards set out by government in the assurance framework.

It is of great concern that many LEPs appear not be meeting these minimum standards. The scale of LEP activity and the sums involved necessitate that LEPs and central government be pro-active in assuring the public that decisions are made with complete probity.

The fact that 42% of LEPs do not publish a register of interests is clearly a risk to ensuring that decisions are made free from any actual or perceived conflicts of interest.

The varying presentation and detail of financial information across LEPs also makes it difficult to draw meaningful conclusions or make comparisons across LEPs on how they spend public money.

Recommendation: The Department should enforce the existing standards of transparency, governance and scrutiny before allocating future funding to LEPs. LEPs themselves also need to be more transparent to the public by, for example, publishing financial information.

http://www.publications.parliament.uk/pa/cm201617/cmselect/cmpubacc/296/29605.htm

Public Accounts Committee sees BIG problems with devolution scrutiny

FINALLY MPs WAKE UP TO MAJOR FLAWS IN DEVOLUTION PLANS! BUT IS IT TOO LITTLE, TOO LATE?

MPs on the Public Accounts Committee have stated they have little confidence in scrutiny arrangements being put in place around the government’s flagship devolution deals, and called for these to be improved in order to protect taxpayers’ interests.

A report by the Public Accounts Committee published on 1 July, warned that, following the abolition of the Audit Commission, the existing arrangements for local scrutiny of devolved functions must be made more robust.

Examining devolution agreements in 10 areas – Greater Manchester, Cornwall, Sheffield City Region, the North East, Tees Valley, Liverpool City Region, the West Midlands, East Anglia, Greater Lincolnshire, and the West of England – the PAC said local authority scrutiny was constrained.

The devolution deals for these areas, while all bespoke, share a number of elements, including devolved responsibilities in areas of local transport, business support and further education.

Committee chair Meg Hillier said English devolution represented a big change to the way large sums of taxpayers’ money is spent. “It is therefore alarming to report that, as we hurtle towards mayoral elections planned for next year [in these combined authority areas], so many questions still hang over the process,” she added.

“Parliament and the public must be assured that devolved spending is subject to effective scrutiny and there are clear lines of accountability for delivering value for money. “These vital arrangements are still very much work-in-progress and must be confirmed as a matter of urgency.”

The committee recommended that government should set out by November how it intends to ensure local scrutiny of devolved functions and funding will be well supported.

The Cities and Local Growth report highlighted that, currently, local auditors focus on individual bodies’ financial statements and arrangements for securing value for money.

“It is not yet clear whether there will be any sort of independent institutional scrutiny of devolution deals as a whole, or what form this might take,” it stated. “As more powers, funding and responsibilities are devolved to the local level, we are therefore concerned that a gap in the scrutiny of value for money might be appearing.”

The report, which the committee acknowledged was being carried out in an evolving policy context, highlighted this was an untested policy area. There were already clear tensions emerging in the deals, with evidence that some deals may disintegrate. There should be greater clarity from ministers about what they are hoping to achieve, Hillier added.

“The government has set an ambitious timetable to implement devolution deals but it must not skip over crucial details in a blinkered race to the tape. “The interests of taxpayers are paramount and we urge the government to act on our recommendations now to ensure devolution fully serves those interests.”

A DCLG spokesman said the report “misses the point of devolution, which is to end the one-size-fits-all approaches of the past and hand power from Whitehall to local people who know their areas best”.

He added: “We’ve agreed 10 landmark devolution deals covering nearly 30% of the country, with local leaders accountable to their residents including through the election of mayors to oversee the new powers.

“This is a voluntary, bottom-up process based on local proposals demonstrating strong local agreement and clear accountability.”

http://www.publicfinance.co.uk/news/2016/07/pac-raises-doubts-about-devolution-scrutiny

Torbay council Scrutiny Committee being blocked from seeing report on cuts

Bet they don’t get to see devolution reports either!

How similar to East Devon.

“ANGRY councillors who say ‘the future of Torbay council is at stake’ claim they are being blocked from seeing a vital new report.

A row erupted over the timescale of the efficiency plan which will give details of cutbacks and savings, enabling the council to receive the next four years’ funding from central government.

The overview and scrutiny committee demanded mayor Gordon Oliver keeps them updated with the detailed efficiency plan after hearing they would not have sight of it until eight days before final decisions are made.

The council is required to have an efficiency plan in place by September 2016, to receive a four-year revenue support grant settlement from the Department for Communities and Local Government. It has to published and sent to DCLG by October 14.

However, the overview and scrutiny committee were angry when they were told they would have just eight days to scrutinise the plan before making recommendations to full council.

Cllr Chris Lewis said: “The future of Torbay Council is at stake. We are making lots of cuts and we should have started this work months ago. How can we have just eight days to look at it?”

Mayor Oliver told the committee: “We have spent months working on this. Officers have been left to make their judgement as to how to balance the books correctly.”

However, the report would not be ready before July.

Then, before the full report can be shared by councillors, it would have to go to the mayor’s executive group in August, before coming to overview and scrutiny eight days before full council has to vote on it.

But councillors are asking for the report to be ‘drip-fed’ to them to enable them to scrutinise the details of cutbacks.

Cllr Alan Tyerman said: “We are going around in circles here. After the August meeting it needs to come to overview and scrutiny as soon as it can so we can understand what is in the plan. I feel we are getting muddled here, but we need to know what is in the plan. We have to have involvement in this vital piece of work. If we only have sight of it at the last minute it won’t work.”

Torbay Council chief executive Steve Parrock said there were 42 pieces of work involved.

But, Cllr Nick Bye replied: “It feels like there is some political blockage in sharing this important work.

“It is going to be a pile of poo anyway, but the danger is we won’t be allowed to have an impact.” Cllr Bye felt there was a political reason why councillors were being blocked, but mayor Oliver said: “There is no Agatha Christie plot here I am aware of.”

The committee unanimously voted information be shared to them as early as possible on elements of the plans which are non-controversial. And that as soon as it is complete and gone to the mayor’s executive group, it be shared with them formally.

http://www.torquayheraldexpress.co.uk/councillors-anger-over-time-span-to-study-vital-new-report/story-29452846-detail/story.html

Devolution, councillors, secrecy and scrutiny

Councillor involvement generally

It is surprising that engagement with local councillors seems to have been so patchy.

By and large, councillors have been shut out of the process, with even overview and scrutiny members having to rely on periodic (and infrequent) updates from of officers to keep themselves up to speed.

This is the fault of the system, and the framework (or lack of it) for negotiation between local government and central Government, designed as it is to dissuade the wider sharing of information beyond a carefully selected group.

Even where attempts have been made to engage backbench councillors in a more consistent way (for example, in Norfolk and Suffolk, the LGiU was contracted to travel the area convening awareness-raising seminars) this has principally been about information-sharing rather than dialogue.

Occasional reports to OSCs [Overview and Scrutiny Committee(s)] clearly have not been enough, merely for non-executive councillors to note progress, rather than being part of discussions, negotiation or provision of checks and balances. The role of O&S has been marginalised through perceptions around the complexity, secrecy or urgency of deal making.

This is dangerous for three reasons.

Firstly, the buy-in of a wider range of councillors is crucial to success.

Secondly, the involvement of councillors – beyond receiving updates – is important in ensuring that deals, once they are done, are robust enough to succeed. This robustness is something that can only be tested through effective scrutiny and oversight.

Thirdly, changes in personnel can have a significant effect on the direction of negotiations. Without wider buy-in and dialogue, following an election (or even a by-election) resulting in a change in political control, or any other internal group matter that could result in a new leader, carefully constructed agreements or negotiations could begin to unravel.

It is instructive to bear in mind that in our own engagement with the public, and through the Citizens’ Assemblies, members of the public expressed the strong view that councillor scrutiny should play a critical role in the devolution process.

There are probably a range of different mechanisms that councils, individually and collectively, need to deploy to involve their councillors. Importantly, such involvement needs to be planned – following the sequence set out in the main body of the report above – to ensure that councillors have a stake at every stage in the process. These mechanisms are likely to be:

Engagement within Cabinet. Because negotiations are being led by Leaders, Cabinet members are likely to need frequent updating;

Engagement by leaders within political groups. To secure political buy-in from members of the same party;

Engagement between political groups. Frequent discussion between the leaders of majority and minority parties in local councils to share information, discuss concerns and head off disagreement and discord;

Engagement with scrutiny.

Sharing information, inviting comment and brokering discussion

– as we have discussed, this also provides a formal check and balance on the development and implementation of devolution deals;

Engagement amongst all members.

Other than at full Council, there needs to be sustained engagement with all members – at member briefings, a discussion event specifically convened for discussion of devolution issues, or similar.

All the forms of engagement listed above are probably required, and need to be planned for, for each stage in the sequence of the devolution process. If this seems time-consuming or resource intensive, it has to be placed against the risks of devolution deals or negotiation processes unravelling for want of broad buy-in.

This engagement needs to be underpinned through the provision and use of high-quality evidence. Significant amounts of data will exist between the wide range of stakeholders involved in discussions. Councillors can use this to consider what they suggest about the outcomes that are planned to be delivered, and what this might mean about how governance works on the ground.”

Click to access CfPS-Devolution-Paper-v4-WEB-new.pdf

“The UK needs to rethink its approach to the upholding of standards in public life”

“Is it time to re-think the UK’s public integrity strategy? Alan Doig argues that a new approach should be considered to take over from successive iterations of an increasingly ineffectual Committee on Standards in Public Life”:

http://www.democraticaudit.com/?p=21687

Broadband (orlack of) for East Devon – the never-ending story

Recall that EDDC decided to pull out of the Devon and Somerset broadband bid citing the reason that the bid was not transparent!!!  They then applied for funding from another government source, assuring us that this would be successful, and it was refused – because, in part, it duplicated the bid that EDDC had decided to withdraw from!

Scrutiny Committee Minute 14 April 2016:

“The Portfolio Holder Central Services and the Portfolio Holder Finance continued to work with a number of providers to encourage as many as possible to come forward in filling the gap of service that phase 2 of the CDS project would leave , even though this authority does not control the budget for broadband delivery.

…..

RESOLVED

  1. That the committee supports the Portfolio Holder Central Services [Councillor Phil Twiss]  in his endeavours for alternative solutions to meet the needs of the areas not covered by the CDS project;
  2. That a progress report and revised timetable is requested from CDS;
  3. That the committee receives a further update from the Portfolio Holder Central Services in approximately six months time or as soon as there are further significant developments.

http://eastdevon.gov.uk/media/1674827/140416-scrutiny-minutes.pdf

 

 

Devolution – not all it is cracked up to be

There are significant accountability implications arising from ‘devolution deals’ which central government and local areas will need to develop and clarify, the National Audit Office has said.

In a report, English devolution deals, the spending watchdog said these implications included “the details of how and when powers will be transferred to mayors and how they will be balanced against national parliamentary accountability”.

The NAO noted that the ten deals agreed so far involved increasingly complex administrative and governance configurations.

It stressed that, as devolution deals were new and experimental, “good management and accountability both depend on appropriate and proportionate measures to understand their impact”.

The watchdog said that to improve the chances of success, and provide local areas and the public with greater clarity over the progression of devolution deals, central government should clarify the core purposes of the arrangements as well as who will be responsible and accountable for devolved services and functions.

Central government should also ensure it identifies and takes account of risks to devolution deals that arise from ongoing challenges to the financial sustainability of local public services, the NAO added.
HM Treasury and the Cities and Local Growth Unit are responsible for managing the negotiation, agreement and implementation of devolution deals on behalf of central government as a whole.

Amyas Morse, head of the National Audit Office, said: “Despite several iterations of deals, the Government’s approach to English devolution still has an air of charting undiscovered territory. It is in explorer mode, drawing the map as it goes along.

“Some of the opportunities and obstacles are becoming clearer, but we still do not have a clear view of the landscape or, crucially, an idea of the destination.”

Morse added: “Devolution deals provide important opportunities to reform public services. As with any experiment, some elements will work better than others. As we have said before, it is in the interests of both local areas and the government to know which programmes have the biggest impact for the money invested. Localism is not a reason for failure to learn from experiences or to spread best practice.”

Responding to the NAO report, a Local Government Association spokesman said: “Councils are working hard on implementing agreed deals and are working with government to finalise those deals which are still to be signed.

“It is imperative that the momentum is maintained to secure deals, especially in non-metropolitan areas whose economic potential is just as significant as that of big cities.”

“In terms of accountability, devolution has the potential to improve the democratic process by allowing decisions to be made closer to local people to best meet their needs. But councils should be free to put in place the appropriate model of governance for their communities and not have a ‘one-size-fits-all’ model imposed on them where significant new responsibilities are devolved.”

The LGA spokesman added: “The report rightly recognises the possible complications arising from differing geographies for service delivery and councils, particularly for the recently announced sustainability and transformation plans. Councils and their partners will continue to take a pragmatic approach to designing and delivering services that best meet the needs of their communities.

“We support the study’s findings that devolution needs to be accompanied by fair and sustainable funding by Whitehall to manage risk and ensure devolved areas can run services successfully.

“This will help to ensure that the opportunities provided by devolution – delivering economic growth, building more homes, creating jobs and a skilled workforce, and joining up health and care services – will be actively embraced by both local and central government.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26690%3Aspending-watchdog-warns-on-devolution-deals-and-accountability&catid=59&Itemid=27

‘One in four executives believes ‘corruption and bribery is rife in UK’ ‘

“More than one in four business leaders believe bribery and corruption is rife in the UK, according to survey conducted by accountants EY.

Twenty-eight per cent of UK respondents said corruption was widespread – an increase from 18% a year earlier – although lower than the 39% average of respondents to the survey conducted in 62 countries.

“Our survey finds that more than one in four executives in the UK believe that bribery and corrupt practices happen here, a worryingly high number in a country that prides itself on its strong corporate governance,” said EY’s Jim McCurry.

Ninety-eight per cent of UK respondents to its 14th annual global fraud survey also said they recognised the importance of being able to establish the ownership of entities with which they are doing business – a factor highlighted in the publication of the Panama Papers earlier this month.

Overall, 91% of the 3,000 senior executives from 62 countries who took part in the survey supported enhanced beneficial ownership transparency.
Last week in Washington, George Osborne and his counterparts from France, Germany, Spain and Italy announced new rules that will lead to the automatic sharing of information about the true owners of complex shell companies and overseas trusts.

The chancellor said the enhancing regulations were “a hammer blow against those that would illegally evade taxes and hide their wealth in the dark corners of the financial system”.

The survey, conducted before the details of 11.5m files from the Panamanian law firm Mossack Fonseca were made public, also found that half of all respondents were prepared to justify unethical behaviour to meet financial targets. This was a greater proportion than the 36% that could justify such behaviour to help a company survive in an economic downturn.

The EY report said: “Worryingly, deeper analysis of our survey results identifies that many respondents who are [chief financial officers] and finance team members, individuals with key roles in protecting companies from risks, appear ready to justify unethical conduct. The apparent willingness of these respondents to act unethically when under financial pressure is concerning. Could certain compensation arrangements be encouraging such behaviours?”

The survey found that respondents, though, believed that bribery and corruption did not take place in their own sectors. While 39% globally said they believed it happened in their country, only 11% said they thought it was the case in their sector.

“Bribery and corruption continue to represent a substantial threat to sluggish global growth and fragile financial markets,” the report said. “Despite increased regulatory activity, our research finds that boards could do significantly more to protect both themselves and their companies.”

Respondents in the UK also regard cybercrime as a high risk, with 80% of respondents citing it as a concern – more than elsewhere in the world.
“With the continuing enforcement of anticorruption measures, coupled with recent revelations about the misuse of offshore financial structures, business leaders here need to be focused on securing a deeper understanding of their clients, partners and suppliers. Enhanced transparence is only likely to rise up the political and public agenda, both here and in the rest of the world,” said McCurry.

He said EY, which itself has a tax practice, complied with ethical standards.

EY conducted 2,825 interviews 62 countries with executives responsible for tackling fraud – 50 of them were in the UK.”

http://www.theguardian.com/business/2016/apr/19/one-in-four-executives-believes-corruption-bribery-rife-uk

Next scrutiny committee agenda published – rural broadband down the pan

Really worth a full read but here are some highlights:

Broadband (or lack of):

I regret that our application was unsuccessful as you will see from the two letters that are appended to this update.” (Twiss quote)

The exchange of correspondence between EDDC and the grant funders who turned down the application is VERY enlightening and should be a major embarrassment to lead councillor Phil Twiss.

Having pulled out of the Devon-wide consortium that has just been granted extra funding we are – precisely nowhere, in fact worse than that, much further back with rural broadband provision than ever before.

Public engagement (or lack of):

A risible attempt to produce a (very brief) report that pretends that EDDC consults appropriately and widely – but listing examples where the public has the exact opposite opinion!

Website (or lack of)

Boasting that more and more forms are going online and how wonderful the industry insiders think it is (so it’s a pity you can rarely find what you are looking for as an outsider and with many documents missing. But how you can get gold stars from your colleagues when your search function is described only as “fairly good” beats Owl!

and the committee’s draft report for the council’s own annual report all up for scrutiny.

Click to access 140416-scrutiny-agenda-combined.pdf

EDDC councillors slammed for voting like sheep

“A district watchdog has called for evidence-based decision-making after the conduct of some council members was called into question.

Councillors admitted being swayed by ‘powerful speakers’ when they agreed on last-minute changes to the draft East Devon Local Plan against the advice of officers and on the basis of claims that later proved unfounded.

Votes taken in the final stages of developing the document – which sets out a planning blueprint for the region – saw Dunkeswell and Chardstock added to a list of villages classed as ‘sustainable’ and thus suitable for further development.

Both decisions have now been overruled by the Planning Inspectorate, but members of East Devon District Council’s (EDDC) scrutiny committee have criticised the process that allowed the controversial votes to be taken without any evidence being checked.

Speaking before the committee on Thursday, March 17, Chardstock parish councillor David Everett said: “Chardstock is now – as far as the East Devon Local Plan is concerned
 – unsustainable.

“But the damage has been done because we now have five houses we should never have had.”

The meeting heard how Councillor Andrew Moulding had spoken out in support of a developer and proposed Chardstock be classed as ‘sustainable’.

An extraordinary meeting of the full council days later saw Dunkeswell added to the list with voters swayed by claims that a school was due to be built in the village – information that was later found to be erroneous.

Scrutiny chairman Councillor Roger Giles asked if members should have been debating and making major changes to the Local Plan at such a late stage without any evidence and against the recommendations of the chief executive.

Committee members argued that this should not have been allowed, but officers at the meeting said it is down to elected councillors to make decisions and, if there is not enough evidence, they should have declined to vote.

It was recommended that all councillors in future should beware of taking claims at face value and make decisions on the basis of factual evidence.”

http://www.sidmouthherald.co.uk/news/make_decisions_on_basis_of_factual_evidence_1_4483591