How Ireland tightened lobbying rules (and why)

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

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

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

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

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

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

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

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

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

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

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

Popular revulsion

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

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

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

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

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

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

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

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

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

Exmouth Regeneration: computer says “no”!

Dear Dr MacAllister

Thank you for your request for information. Please find the response to your query below.

Please clarify who was awarded the contract to market the site for the second time and when the agent began the process of remarketing the site
The requested information is not held – we have not progressed the re-marketing of this site.

How many developers were contacted with brochures or other marketing materials in respect of the second marketing of the Queens Drive site?
The requested information is not held – we have not progressed the re-marketing of this site

What has been, or will be, the process for the selection of the preferred bidder?
The requested information is not held – this process has not commenced

How many organisations have, to date, submitted a bid to develop the site and what are there names?
No information held – we have not progressed the re-marketing of this site

What is the timeline with regards to choosing a preferred developer
Timescales are as published online http://eastdevon.gov.uk/regeneration-pro… although there has been some slippage.

Please provide minutes of meetings and correspondence between the council, the marketing agent and prospective and submitted bidders
The requested information is not held – we have not progressed the re-marketing of this site

Please provide evidence and explanation of the logic of pursuing vacant possession as a means ro entice a developer and please explain the process of decision making
The requested information is not held – we have not progressed the re-marketing of this site and so minutes, emails and other communications are not held. Please also note that we are not required to provide commentary or explanation in order to comply with our obligations under Freedom of Information legislation – our responsibility is to provide copies of information held only.

I hope this information is helpful but, if you feel dissatisfied with the way we have responded to your request, please contact our Monitoring Officer, Mr Henry Gordon Lennox, to request an internal review [email address]

You may also approach the Information Commissioner for advice at http://www.ico.org.uk

Regards

https://www.whatdotheyknow.com/request/selection_of_developer_for_the_q?nocache=incoming-1019239#incoming-1019239

Land barons

Owl attempted to shorten this post but couldn’t find anything that could be cut out.

“In October last year, Tony Gallagher threw his friend David Cameron a 50th birthday party at Sarsden House, his 17th-century mansion near Chipping Norton, Oxfordshire. He served a dinner of roast beef and lamb, cooked on his Aga, to a private gathering of 23 people.

At the same time, Gallagher was also quietly planning to sell the company that he had built up over three decades, accumulating land, gaining planning permission, and auctioning it off at vast profit.

After reportedly holding talks with the Pears family, the Wellcome Trust and Berkeley Homes, Gallagher Estates was sold to housing association L&Q in January. It netted the entrepreneur a £250m payday, propelling him into 152nd place in The Sunday Times Rich List, with an overall fortune estimated at £850m.

Such is the life of the modern-day land baron. A group of private companies, largely unknown to the public, have carved out a lucrative niche locating and snapping up land across the UK.

Operating in the murky world of “strategic land” promotion, these firms prepare sites for development by doing the time-consuming work of gaining planning permission. It is then sold on “shovel-ready” to housebuilders. These companies don’t ever build homes, but work within the labyrinthine planning system, taking advantage of its weaknesses and loopholes.

It’s a modern-day gold rush: the magazine Farmers’ Weekly is filled with adverts for companies offering to prepare agricultural land for building; Gladman Developments, a land promoter, offers its services on a “no win, no fee” basis to lure landowners interested in selling up, claiming a success rate of 90pc. The reason for this is the sheer profit that can be made by obtaining planning permission on a strategic site of land.

According to Simon Hodson, head of residential land at JLL, while an average acre of agricultural land may sell for £5,000 to £10,000, land with planning permission for residential development is normally worth £1m-4m per acre, depending on its location and the amount of infrastructure and preparation needed before building.

These companies will then take a cut of 10-30pc of the sale value, depending on the size of the site. This means that the murky underbelly of the land market is highly profitable: in the year ending March 31 2016, Gladman made a pre-tax profit of £11.6m, while Gallagher’s was £79m in the year to June 30 2016. The company was bought for £505m, which included land to build 42,500 new homes.

The companies keep a low profile, and so do their bosses. Gallagher quietly donated £110,000 to the Conservative party last year, while Gladman has also built his firm up over decades, selling his family home to invest in his first tracts of land.

The way they operate and the nature of the land market means it is difficult to know the scale of this opaque world.

When promoting land, these companies will seldom purchase it upfront, but instead either pay the owner an option for exclusive rights, or promise the money once it is sold, with the landowner retaining the land and being actively involved in the sale process.

The options don’t need to be registered anywhere, and they are not obliged to detail their deals in their results. A search through a database created by Freedom of Information requests of land ownership by campaigner Guy Shrubsole reveals that Gladman owns just 304 acres, but it says it produces sites for 10,000 homes per year, a far higher amount. Gallagher owns just 714 acres according to this database. Such is the opaque nature of these land deals that mythology swirls around the industry: one – unproven, and very likely untrue – claim is that 90pc of green belt has long-term speculative options in place, in case the Government of the day changes its policy on building on it.

The true size of the industry is almost impossible to find out. There are around eight big companies, and many more smaller ones, quietly preparing land around the country, though largely outside London.

Figures from Savills suggest that land promoters and investors currently control around 20pc of land due to be put through planning, enough for 153,400 homes. This is compared to housebuilders which own just 7.7pc of land at this stage in development. This disparity is caused partly by the fact that these promoters work on a much longer-term basis, picking up options on land for development in 15 or even 20 years. A site for 10,000 homes that Gallagher developed in Northstowe, Cambridgeshire, was acquired in 1998, and then finally sold to housebuilders last year.

A source in one of the large housebuilders says that it buys one third of its plots from these land promoters, although this figure varies. Some housebuilders have substantial land banks that they take through the planning system itself, such as Taylor Wimpey and Persimmon.

Much of the success comes from navigating the planning system. Land promoters track down underfunded local authorities that have not yet set out a local plan for housing in the next 15 years, or a programme for building in the next five years in its National Planning Policy Framework. Enter a land promotion company, which finds sites in these areas where the council is likely to say yes.

David Gladman, co-founder of the eponymous company, told the High Court last July: “We normally only target local authorities whose planning is in relative disarray and … either have no up-to-date local plan or, temporarily, they do not have a five-year supply of consented building plots.” Just 41pc of local authorities have a five-year plan for housing supply, according to Savills. If a local authority doesn’t have that in place, it means as long as a planning application meets certain criteria it will be approved.

Gladman employs a team of more than 50 town planners to develop these sites. Companies searching for land use aerial photography, maps, data and agents to find the sites, often simply knocking on doors to ask landowners if they want to sell up.

Are these businesses a nefarious force? They are “an instrumental part of delivering housing,” says Hodson, and help accelerate the amount of land ready to be built on. Last year, 293,127 homes were granted planning permission, according to the Home Builders Federation, a record high. By preparing large sites for development, like Gallagher does, it’s easier to create a combination of residential and commercial property, parcelling off areas to experts in that field.

But by charging a premium for a clean site that’s ready to be built on, it forces developers to increase house prices to recoup the high outlay on land, while cutting the viability of building affordable homes. “Land promoters deliberately pump the cost of land higher and higher, then reap the rewards when they sell it,” says Catharine Banks, policy officer at Shelter.

While housebuilders have recently been accused of “land banking” by Government, hoarding land with planning permission that could be built on, the same could be levelled at these businesses. Research by Shelter last month found that almost a third of sites that have been approved to have homes built on have not been completed within the last five years. Gladman, however, claims it doesn’t hang on to land and offers it for sale within a couple of months of gaining planning as, under the option system, it only makes money when it is sold.

“The land market is inefficient and fragmented,” says Tom Aubrey, from the Centre for Progressive Capitalism, who argues that these land promoters are a natural product of its dysfunction and lack of transparency.

He likens the model of these businesses to private equity firms, as an agile, speculative force. “It’s a bit like airlines before the internet was set up: it was difficult to know who had the best price because of the asymmetry of information.”

The Government has signalled it wants to open up the land market, making data on land and who owns it more accessible. According to Shelter’s Banks, this “would be a small but very powerful change, which could help the country build the homes we so desperately need.”

https://digitaledition.telegraph.co.uk/editions/edition_nkuOf_2017-08-06/data/361464/index.html

Ombudsman complains about council thwarting its inquiries

A critical new report has found that council bosses tried to frustrate and delay an investigation into a housing estate which should never have been built.

In September last year the Plymouth Herald revealed how councillors were misled when approving plans for the controversial Dunstone Gardens estate in Elburton.

A collection of 16 homes were eventually erected without proper permission, sparking a major inquiry by the Local Government Ombudsman (LGO).

Now five years on from the first application to build on the site, a detailed report exposes how Plymouth City Council repeatedly tried to thwart the inquiry, before publicly questioning its findings.

LGO chairman Michael King said: “In the course of the investigations we met with considerable resistance from the council, which was unnecessary and disappointing.

“This frustrated and delayed our efforts to progress the case.

“We were eventually able to confirm that the council had failed to properly publicise a planning application; was unclear about the site boundary; did not give proper consideration to the complainants’ amenity; did not consider drainage arrangements properly; and listed the wrong plans in the decision notice.”

The LGO recommended nearby homes should be re-valued and told the council to pay the difference.

PCC was also asked to sort out issues with drainage, which caused water to run from the new estate into nearby gardens, and to offer extra training to members of the planning committee.

“Despite the evidential basis for these conclusions and recommendations being very clearly set out in the report, it was even more disappointing that the council chose to publicly question those findings in a subsequent press release,” Mr King (above) said.

“To date, the council has confirmed compliance with several of the recommendations and I welcome the action taken, but has yet to satisfy us in relation to the drainage arrangements.

“We remain in correspondence about the matter and the council has recently confirmed the further steps it will take.

“I hope this will address our outstanding concerns without the need for further formal action on our part; we will keep the situation under careful review.

“The adversarial response from the council in this case was disappointing. However, I note that you invested in training in complaint handling during the year. I hope that this will be of assistance in avoiding similar problems in the coming year, and provide the basis for a constructive relationship in the year ahead.”

A Plymouth City Council spokeswoman said they “accepted in full” the LGO’s recommendations.

“There are lessons to be learned from the way in which this planning application was considered,” she said.

“Improvements to existing processes to address some of the issues highlighted by the report have already been implemented.

“The LGO annual report acknowledges the action the city council has promptly taken to address a number of the recommendations which the LGO now accepts the city council has complied with, following correspondence setting out the actions we have been taking earlier in the year.

“On the issue of drainage, we confirmed to the LGO the actions we are taking on 28 April and 5 June following their confirmation of the one outstanding issue they considered still needed to be addressed.

“This is being implemented in conjunction with the property owners and we expect this case to be closed very shortly because the city council would have responded in full to all the LGO recommendations.”

http://www.devonlive.com/council-bosses-tried-to-frustrate-and-delay-housing-estate-investigation/story-30469565-detail/story.html

“What does democracy require of England’s local governments?”

Local governments should engage the wide participation of local citizens in their governance via voting in regular elections, and an open interest group and local consultation process.

Local voting systems should accurately convert parties’ vote shares into seats on councils, and should be open to new parties entering into competition.

As far as possible, consistent with the need for efficient scales of operation, local government areas and institutions should provide an effective expression of local and community identities that are important in civil society (and not just in administrative terms).

Local governments should be genuinely independent centres of decision-making, with sufficient own financial revenues and policy autonomy to be able to make meaningful choices on behalf of their citizens.

Within councils the key decision-makers should be clearly identifiable by the public and media. They should be subject to regular and effective scrutiny from the council members as a whole, and publicly answerable to local citizens and media.

Local governments are typically subject to some supervision on key aspects of their conduct and policies, in England directly by UK government in Whitehall. But they should enjoy a degree of constitutional protection (or ‘entrenchment’) for key roles, and an assurance that cannot simply be abolished, bypassed or fully programmed by their supervisory tier of government.

The principle of subsidiarity says that policy issues that can be effectively handled in decentralised ways should be allocated to the lowest tier of government, closest to citizens.”

http://www.democraticaudit.com/2017/08/02/audit-2017-how-democratic-is-local-government-in-england/

1 in 5 MPs still employ family members – including both our MPs

Swire employs his wife as his researcher on about £35,000 a year, Parish employs his wife at a lower salary as a junior secretary on about £15,000 (but we don’t know how many hours that is for):

“One in five MPs are still using taxpayer-funded expenses to employ members of their family – despite the practice being banned for new Members of Parliament.

Official data shows that, of the 589 MPs who returned to Parliament after the June election, 122 have declared the employment of a relative in the latest Register of Members’ Financial Interests.

Yet under new rules, none of the 61 new MPs elected for the first time on 8 June are allowed to do so.

Alexandra Runswick, the director of campaign group Unlock Democracy, said: “The ban on new MPs employing family members reflects the public’s concerns about nepotism and the potential abuse of public money.

“If MPs employing family members is wrong in principle, then when the MP was first elected is irrelevant.”

Among the MPs who have continued to employ spouses following the June election are several members of the Cabinet, including Tory chairman Sir Patrick McLoughlin, Defence Secretary Sir Michael Fallon and Transport Secretary Chris Grayling.

Several of Jeremy Corbyn ’s top team also employ spouses, including Labour chairman Ian Lavery and shadow international trade secretary Barry Gardiner.

There is no suggestion any of the existing MPs who continue to employ family members have done anything wrong.

Ms Runswick said it was ‘reasonable’ to give MPs’ families time to prepare for a new clampdown – but said a ‘time limit’ was needed on how long the current situation could continue.

“A transitional period is reasonable, particularly as the snap election means that these rules have come into force three years earlier than expected,” she said. …

… Darren Hughes, acting chief executive of the Electoral Reform Society, said it was fair to phase out the practice over the coming years.

“Given the high rate of turnover of both MPs and staff, it is clear that within the next few electoral cycles it will apply to the vast majority of Parliamentary staff,” he said.

“Voters must be able to have confidence that our democracy is resourced in an open and transparent way, so it’s welcome that Parliamentary authorities have taken steps to reform the system.”

http://www.mirror.co.uk/news/politics/one-five-mps-still-using-10907964

Make sure you are registered to vote says EDDC Electoral Registration Officer

And will those who don’t return their forms be canvassed for follow-up? Your guess as good as Owl’s since Mr Williams believes it isn’t necessary to follow up and told a parliamentary committee that phone calls (how you get the phone number is a mystery) will suffice:

http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/political-and-constitutional-reform-committee/voter-engagement-in-the-uk/oral/14118.html

“East Devon residents will soon receive a form asking them to check whether the information that appears on the electoral register about their address is correct.

East Devon District Council is asking residents in East Devon to look out for the form in the post and to make sure that they respond as soon as possible.

The aim of the form is to make sure that the electoral register is up to date and to identify any residents who are not registered so that they can be encouraged to do so.

Being registered to vote gives you the right to vote in elections and can also improve your credit rating

Mark Williams, Electoral Registration Officer at East Devon said: “It’s really important that residents respond as soon as possible, so we can make sure we have the right details on the electoral register for every address in East Devon. Simply check the form when it arrives and respond as soon as you can.”

If you’re not currently registered, your name will not appear on the form. However if you decide to apply to register, you will still need to complete the form and then send it back to us. The easiest way to get yourself registered is to go online to apply to register at

http://www.gov.uk/register-to-vote

or we’ll send you information explaining how to do this in the post. You can also provide the information over the telephone.

It’s particularly important that anyone who has moved address recently looks out for the form and checks whether they are registered.

Research by the independent Electoral Commission indicates that recent home movers are far less likely to be registered than those that have lived at the same address for a long time. The research showed that across Great Britain, 94 % of people who have been at their property for more than sixteen years will be registered compared to 40% of people who have lived at an address for less than one year.

Any residents who have any questions can contact the registration team on 01395 517402 or electoralservices@eastdevon.gov.uk”

http://www.devonlive.com/residents-in-east-devon-urged-not-to-miss-important-voter-registration-information-in-the-post/story-30463309-detail/story.html

Claire Wright’s report on the shameful behaviour of DCC Health Scrutiny Committee Tories

“The Conservatives on Devon County Council’s health and adult care scrutiny committee on Tuesday, torpedoed local people’s views and any possibility of a referral to the Secretary of State for Health for a decision to close 71 community hospital beds.

I will keep this blog post short and instead post three articles that explain things just as well as I could have explained them.
Suffice to say that I am deeply disappointed.

Not just with the behaviour of chair, Sara Randall Johnson, who appeared to do her utmost to prevent any referral, both at the previous meeting last month and at Tuesday’s meeting.

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

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

I had been indicating to speak since the start of the meeting, yet, Cllr Randall Johnson chose to call four councillors before me.

When I was finally called to speak I challenged her on why she had not made my proposal, which she had a copy of in front of her, known to the committee at the start of the meeting, which is the usual practice.

Cllr Gilbert’s seconded proposal before questions or the debate had even started had nullified my proposal, which was why I was so angry.

Cllr Randall Johnson admitted that it was her decision not make my proposal known to the committee and her decision on who is called to speak.

When they did what they did at Tuesday’s health scrutiny meeting, the Conservatives betrayed thousands of local people.

As I said in my final speech, local people had written letters, organised petitions, replied to public consultations, attended meetings, spoken at meetings, attended demonstrations, some had even spent significant sums of money on a legal challenge.

Time after time, month after month, the committee has asked questions which have not been properly answered on issues such as evidence that it will work, the staffing required, the finances, care of the dying. Local GPs are up in arms, staff have objected… yet the Conservative group knew best.

The vote was agonisingly close – six votes to seven, with two abstentions. All those who voted with Cllr Gilbert’s motion were conservative. Cllr Randall Johnson also voted with Cllr Gilbert – another unusual move at such a highly charged and significant meeting.

I am quite certain, that with a different approach by the chair, that the outcome would have been different. And local people’s views would have been respected and acted upon.

Councillors are elected by local people to represent their views.

Why was it so important to the chair and her colleagues that my proposal failed on Tuesday?

A whip at scrutiny committees, much least a legally constituted committee such as the health and adult care scrutiny committee of Devon County Council is strictly forbidden.

Yet to the members of the public present, who were repeatedly shouting “fix” it certainly appeared that way.

Since the meeting I have been inundated with messages from people who are disgusted at what happened.

Alongside two other councillors, I am seeking advice on what took place at Tuesday’s meeting.

The debate can be viewed on the webcast here – https://devoncc.public-i.tv/core/portal/webcast_interactive/293466

Seaton councillor, Cllr Martin Shaw, wrote an excellent account of the meeting here – https://seatonmatters.org/2017/07/26/the-health-scrutiny-committee-which-didnt-scrutinise/

My row with Cllr Randall Johnson has led to a local newspaper running a story about revenge… – see http://www.devonlive.com/tory-sara-randall-johnson-derails-claire-wright-s-health-campaign-six-years-after-election-defeat/story-30457493-detail/story.html”

http://www.claire-wright.org/index.php/post/conservatives_torpedo_local_peoples_views_on_community_hospital_bed_closure

“[Devon County] Council announces ‘harmful’ special needs funding cuts without consultation”

“Cuts which will affect children with special needs in Devon’s schools and colleges have been described as “harmful”.

On Wednesday – just two days before many schools break up for the summer holidays – Devon County Council (DCC) announced from September 1, significant funding cuts are being implemented for pupils with special educational needs and disabilities (SEND) across Devon.

Devon Live asked DCC why the cuts have been made; why it was announced two days before the start of the summer holidays; why there was no consultation; what alternative provisions will be in place for the children affected by the cuts, if any, and how much the cuts will save the council.

“We therefore have to ensure that the high needs budget does not continue to overshoot. In consultation with headteachers and governors, a decision was made in the past week to concentrate our support from January 2018 on vulnerable children who have a statutory plan in place. All schools will be able to choose to apply for a statutory assessment of each child’s needs and no funding will be withdrawn until any non-statutory school plans have been reviewed. This means that by December 2018 we expect to have a single, transparent system of funding our most vulnerable children.”

The announcement has sparked anger not just because of the impact it will have on children’s education and job losses, but also because of the timing of it just before schools and colleges break up for six weeks.

In a letter sent to headteachers of all Devon mainstream schools by Dawn Stabb, DCC head of education and learning, it states that to date, Devon has been unique in providing a non-statutory route for schools and colleges to access SEND funding. However, due to increased need and entitlement it need to bring its high needs spend back within budget and that the continuation of the element three funding is “no longer sustainable”.

Hannah Rose, a teacher at Bradley Barton Primary School, said: “These changes will affect all children in all schools in Devon. Furthermore, there has been no consultation regarding these changes with any party, least of all those who matter most, the families of, and children with, special educational needs.

“The local authority’s duty is to, ‘when carrying out their functions, to support and involve the child and his or her parent, or the young person, and to have regard to their views, wishes and feelings’, as stated in the SEN code of practice, section 8.3.”

Hannah Rose is calling for the changes to be independently reviewed and, if necessary, legally challenged.

Dawn Stabb from DCC said: “The local authority recognises, following discussions at Schools Finance Group (SFG), that this has been a difficult but necessary decision if we are to avoid the budgetary challenges of last year. We ask for your support and understanding in implementing this new way of working to avoid ongoing significant overspend within the High Needs Block.”

https://www.consultationinstitute.org/consultation-news/council-announces-harmful-special-needs-funding-cuts-without-consultation/

“Being ethical puts people off government service”

Owl remembers the case of disgraced ex-councillor Graham Brown and other scandals close to home:

http://www.telegraph.co.uk/news/politics/9920971/If-I-cant-get-planning-nobody-will-says-Devon-councillor-and-planning-consultant.html

and wonders if the world will ever change.

“White House counselor Kellyanne Conway on Thursday suggested that filling out financial disclosure forms and having them released to the public discourages qualified people from serving in government ― despite the fact that the procedure is a basic measure of transparency in government.

Appearing on “Fox & Friends,” Conway aimed to defend new White House communications director Anthony Scaramucci, after he falsely claimed that his financial disclosure form was leaked to Politico.

“There are so many qualified men and women who wanted to serve this president, this administration and their country who have been completely demoralized and completely, I think, disinclined to do so, based on the paperwork that we have to put forward, divesting assets, the different hoops you have to run through,” Conway said. “This White House is transparent and accountable, and we’ve all complied with those rules, but it has disincentivized good men and women. I hope it doesn’t disincentivize Anthony.”

http://www.huffingtonpost.com/entry/kellyanne-conway-anthony-scaramucci-leaks_us_5979dfa0e4b02a4ebb734573

“How Tory Sara Randall Johnson took down rival Claire Wright’s health campaign”

Owl says: So, Honiton and Seaton hospitals sacrificed to Randall-Johnson’s anger?

By P Goodwin, Western Morning News

“As the old saying goes: revenge is a dish best served cold.

For Conservative county councillor Sara Randall Johnson the wait to gain the upper hand on old rival Claire Wright stretched to six years.

When she did, the result was painful and public.

At this week’s bad-tempered and rowdy council health scrutiny meeting, Ms Randall Johnson used her new power of chairmanship to thwart the independent rebel and stamp her authority on the newly-elected authority.

In a move which prompted jeers and cries of “fix” from the public gallery, Randall Johnson ignored a tabled motion to halt hospital bed closure plans and instead allow a fellow Tory, Rufus Gilbert, to seize the momentum by kick starting the debate and swiftly proposing the exact opposite.

She then dismissed Ms Wright’s protest by telling her the power to choose was entirely at her discretion as chair, before moving to a vote against referring the proposals, which was won by a majority of one, with one abstention.

It was a swift and brutal piece of politics. The result: bad headlines averted, no need to trouble Jeremy Hunt with the protests of a rebellious council and the upstart put firmly in her place.

Former Lib Dem county council leader and respected political veteran Brian Greenslade remarked after the meeting that the move had been highly unusual.

He considered that not mentioning or circulating a table motion – one submitted before the meeting begins – was rare: not against procedure but definitely a departure from protocol.

In other words: a low blow but not quite below the belt.

It was clear from the tetchy exchanges during the meeting that there is little love lost between the two women and this is perhaps no surprise.

Wright pulled off a shock victory when she ousted Randall Johnson from her East District Council seat and her position as leader, relegating her into third place in a race for two seats, by the slender margin of just 25 votes.

The defeated leader put on a brave face, claiming she had got her life back after 20 years of public service, but this hardly sounds like the words of a woman who just two years earlier was vying with Sarah Wollaston to become MP for Totnes.

Since that victory, Wright, an outspoken independent campaigner, has become a painful thorn in the side of local Tories at district and county level, particularly around the NHS, where she worked in PR before launching her political career.

She has led the opposition ever since, including two general election campaigns in which she gave MP Hugo Swire a run for his money.

But the campaign to halt bed cuts and hospital closures has been a major factor in her rallying call to local people, the jewel in her campaigning crown.

The recent background to Tuesday’s meeting went like this:

Plans by the Northern, Eastern and Western Devon Clinical Commissioning Group to axe 71 beds across four cottage hospitals sparked anger in the Eastern locality.

Amid fears the NHS is planning to sell off the hospitals, relations between the public and NHS officials deteriorated with many accusing executives of lying about their true intentions.

Campaigners, angry that the case has still not been made for the Your Future Care model of home visits, labelled the consultation a sham and turned to the Health and Wellbeing Scrutiny Group for help.

It could refer to Mr Hunt though in reality it the plans would have gone to an independent reconfiguration panel who would make recommendations.

What many people wanted was a change in the way the CCG operates and communicates. they wanted a more open approach and they felt this might give the health trust a jolt.

Under the chairmanship of veteran Labour councillor Richard Westlake, the scrutiny group was poised to refer the plans to the Secretary of State if 14 documented points were not addressed.

But he stepped down at the election and Ms Randall Johnson took up control.

At the first meeting of the newly constituted committee in June, it became clear that she did not intend to let this happen.

Ms Wright had proposed to the last meeting that it was time to vote to refer to the Health Secretary and the chair repeatedly came under fire for not putting this to a vote.

There was a lack of clarity among one or two members about the whole process and eventually, members were persuaded to defer a decision until yesterday to get more information.

It appeared that the Conservatives had their ducks in a row on Tuesday.

Wright cried foul when her tabled motion was ignored, claiming she had never seen it happen in six years of committee meetings.

Unfortunately, the legal advice from the council backed Randall Johnson: Motions needed to be proposed and seconded in the meeting.

Would it have changed the vote? Maybe not. It was close though. East Devon leader Paul Diviani rebelled against his members and voted not to refer and one Tory did admit he was wavering.

The way the meeting was handled did little to foster good relations between the council and the community.

Ms Randall Johnson may have done nothing wrong but she certainly didn’t make any new friends in the public gallery.

As for old foes among the membership – no change there.”

http://www.devonlive.com/tory-sara-randall-johnson-derails-claire-wright-s-health-campaign-six-years-after-election-defeat/story-30457493-detail/story.html

Bed closures at Honiton and Seaton – the final stitch-up by Tory Councillors

Councillor Martin Shaw (EDA, Colyton and Seaton) reports:

[Names of those voters have been amended – it does not affect the result]

“The 7 councillors who voted NOT to refer the decision to close Honiton and Seaton hospital beds were:

Sarah Randall-Johnson
Paul Diviani (Leader of East Devon District Council, representing Devon district councils), and county councillors
Richard Scott (Exmouth),
Rufus Gilbert,
Sylvia Russell,
Paul Crabb and
Ron Peart.

The 6 councillors who voted against this motion, i.e. to refer the decision, were Claire Wright (Otter Valley, Independent), Brian Greenslade and Nick Way (Liberal Democrat), Hilary Ackland and Carol Whitton (Labour) and Phil Twiss (Honiton, Conservative).

Jeremy Yabsley (Conservative) abstained as did John Berry. Two other Tories,
Jeffrey Trail (Exmouth) and
Philip Sanders, gave their apologies.

Six public speakers, Cllr Roger Giles (Chair of East Devon’s Scrutiny Committee), Paul Arnott (Colyton), Cllr Jan Goffey (Mayor of Okehampton), Cllr Mike Allen, Bob Sturtivant and Stephen Craddock (Honiton), spoke eloquently against the closures for two and a half minutes each. County Councillor Ian Hall (Axminster) and I also addressed the committee for five minutes each.

Three representatives of NEW Devon CCG and the RD&E (who run the hospitals and are working with the CCG) were then allowed to make a very lengthy Powerpoint presentation and contribute freely to the discussion – which none of the public speakers, Ian Hall or I were allowed to do.

Claire Wright had prepared a detailed motion to refer the closures and had submitted it to the Chair before the meeting. However when debate began, Cllr Randall Johnson chose not to call Claire to speak but called Rufus Gilbert who immediately proposed the motion not to refer, which was quickly seconded by Sylvia Russell.

This blatant manoeuvre by the Chair meant that the committee never considered point by point, as Claire’s motion would have required it to, the 14 questions on which it had asked the CCG to satisfy it. Despite an excellent report from Hilary Ackland which concluded that the CCG had failed to convince, the Committee basically abdicated its scrutiny role and blocked a referral without discussing most of the objections which we had raised.

Claire and I are planning to complain about the way the meeting was handled. If you want to watch it, it’s online at

https://devoncc.public-i.tv/core/portal/webcast_interactive/293466.

Thank you all for your support for the hospitals over the last 9 months. Be assured, however, that this is not the end of the matter, since the CCG and RD&E are both developing ‘estates strategies’ which will centre on what to do with space freed up by the closures. “

” How democratic and effective are the UK’s core executive and government?”

“…Conclusions

The UK’s core executive once worked smoothly. It has clearly degenerated fast in the 21st century. Westminster and Whitehall retain some core strengths, especially a weight of tradition that regularly produces better performance under pressure, reasonably integrated action on homeland security for citizens, and some ability to securely ride out crises. Yet elite conventional wisdoms, which dwelt on a supposed ‘Rolls Royce’ machine, are never heard now – after six years of unprecedented cutbacks in running costs across Whitehall; political mistakes and poor planning over Libya, Afghanistan and Iraq; and the unexpected loss of the Brexit referendum. Now the looming threat of leaving the EU on poor economic terms under a ‘hard Brexit’ strategy seems to cap a very tarnished recent record.

The clouds in the form of recurring ‘policy disasters’ and ‘fiascos’ are also gathering. Both the Conservative and Labour party elites and leaderships seem disinclined to learn the right lessons from past mistakes, or to take steps to foster more transparent, deliberative and well-considered decision-making at the heart of government. Like the Bourbon monarchs, the fear might be that they have ‘learnt nothing and forgotten nothing’.”

http://www.democraticaudit.com/2017/07/25/how-democratic-and-effective-are-the-uks-core-executive-and-government-system/

“Pseudo-public space” – watch out Cranbrook

Developers still control the Cranbrook “country park” and heaven knows how much more of East Devon.

https://eastdevonwatch.org/2017/05/24/cranbrook-country-park-to-go-to-public-inquiry/

“Guardian Cities investigation has for the first time mapped the startling spread of pseudo-public spaces across the UK capital, revealing an almost complete lack of transparency over who owns the sites and how they are policed.

Pseudo-public spaces – large squares, parks and thoroughfares that appear to be public but are actually owned and controlled by developers and their private backers – are on the rise in London and many other British cities, as local authorities argue they cannot afford to create or maintain such spaces themselves.

Although they are seemingly accessible to members of the public and have the look and feel of public land, these sites – also known as privately owned public spaces or “Pops” – are not subject to ordinary local authority bylaws but rather governed by restrictions drawn up the landowner and usually enforced by private security companies.

The Guardian contacted the landowners of more than 50 major pseudo-public spaces in London, ranging from financial giant JP Morgan (owner of Bishops Square in Spitalfields) to the Tokyo-based Mitsubishi Estate (owner of Paternoster Square in the City of London) and the Abu Dhabi National Exhibitions Company (owner of the open space around the ExCeL centre)….”

https://www.theguardian.com/cities/2017/jul/24/revealed-pseudo-public-space-pops-london-investigation-map

Government tries to bury bad news on “take out the trash day”

“Theresa May has been accused of an “absolute affront” to democracy after dumping dozens of official documents online on parliament’s last day of term, showing the police force numbers have dropped to a 30-year low and the number of soldiers has fallen by 7,000.

The government has published very little for weeks after the election but about 22 written statements and dozens of Whitehall reports were released on Thursday, just as MPs embark on their long summer break.

The tactic – known as “take out the trash day” – means MPs will not be able to scrutinise the information properly while parliament is away for the next seven weeks. The statements included a damning human rights assessment of the UK’s ally Saudi Arabia, the cancellation of the electrification of a key railway and a decision to opt into some new EU regulations on crime-fighting, even though the UK is heading for Brexit.

Toby Perkins, a Labour MP, said the rush of documents released on the last day before recess was an “absolute affront to parliament”.

Revelations in the set of documents included:

• A drop of 0.7% to 123,142 police officers across all ranks in England and Wales at the end of March this year. This is the lowest number at the end of a financial year since comparable records began in 1996.

• Warnings in a separate Foreign Office report that there are grave concerns about the human rights situations in countries such as Saudi Arabia, China and Bahrain though many of the countries listed bought billions of pounds of arms from the UK.

Britain has sold £3.3bn worth of arms to Saudi Arabia in the past two years alone, including licences for aircraft, drones, grenades, and missiles. The Foreign Office report said the UK is “deeply concerned about the application of the death penalty” in Saudi Arabia and restrictions on freedom of expression, as well as women’s rights. [Our MP Swire is a very frequent visitor to Saudi Arabia, sometimes when British arms dealers are also there]

Bahrain, one of the first countries visited by May when she became prime minister, is criticised for locking up pro-democracy activists, such as the writer Nabeel Rajab. Other countries of concern listed included Afghanistan, Burundi, China, Iran, Iraq, Myanmar, Russia, Syria and Yemen.

• The decision to scrap the electrification of train lines, which had been heralded as a way of making the rail network faster, greener and cleaner, after massive budget overruns of billions of pounds.

• A statement showing that the UK plans to opt into new Brussels regulations allowing for more cross-border police cooperation in cases where children are at risk of parental abduction – news that pro-EU campaigners said demonstrates the risks of a hard Brexit, which might force the UK to abandon the deal.

• A report showing that schools and colleges do not currently have the capacity to teach all pupils maths until they are 18, with about a decade needed to expand capacity.

Sir Adrian Smith’s review said England “remains unusual” in not requiring study of maths beyond 16, compared with most advanced nations. Schools will get new funding to improve the quality of teaching for maths A-level, the schools minister, Nick Gibb, said.”

https://www.theguardian.com/uk-news/2017/jul/20/tories-use-take-out-the-trash-day-to-dump-controversial-reports

Ministers and revolving doors

“The number of former ministers taking up jobs outside parliament has risen by nearly 60% in a year, official figures disclose.

The increase, from 33 former ministers to 52, coincides with complaints that lawmakers are routinely making use of a “revolving door” to pursue lucrative contracts in the private sector.

Francis Maude, the former Cabinet Office minister and industry minister, appears to have taken up the highest number of external roles over the past year, with nine posts.

Ed Davey, the former energy secretary, declares eight different commissions from his independent consultancy, which specialises in energy and climate change.

The data has been disclosed in the annual report of the ministerial jobs watchdog, the advisory committee on business appointments (Acoba).

Former ministers are required to seek and abide by the committee’s advice before taking up appointments in the two-year period after they leave office.

The report found that the committee advised 52 former ministers in relation to 104 appointments in the year to March 2017. During the previous year, 33 former ministers took up 123 jobs.

Maude’s jobs include being an adviser on Brexit to the international law firm Covington and Burling, an adviser to OakNorth Bank, the chair of an advertising agency, and adviser to the business intelligence firm GPW. He has also set up his own consultancy.

Davey, who lost his seat in May 2015 but returned to parliament at this year’s general election, established an independent consultancy, which has taken on work from companies including Engie UK, SIT Group, and NextEnergy Capital.

George Osborne, the former chancellor who stood down as an MP in July, was severely criticised in May for taking up a job as editor of the Evening Standard without waiting for advice from Acoba.

Since leaving office, Osborne has also worked in a £650,000-a-year advisory post at the investment bank BlackRock, got a professorship at the University of Manchester, become a fellow at the McCain Institute in Arizona, and been paid £75,000 to attend speaking engagements.

Since leaving Downing Street last year, David Cameron has taken up four roles. He is on the books of Washington Speakers Bureau, is president of the Alzheimer’s Society, and has taken up an unpaid appointment as chairman of the LSE-Oxford Commission on Growth in Fragile States.

Acoba was branded a “toothless regulator” in April by the public administration and constitutional affairs committee, amid calls for a much tougher system of independent checks.

A National Audit Office report issued this week found that rules that are meant to stop civil servants abusing their contacts and knowledge in the private sector are not being consistently applied or monitored.”

https://www.theguardian.com/politics/2017/jul/20/more-ex-ministers-take-private-sector-jobs-amid-revolving-door-claims

Council fraud: never get complacent or assume auditors know what they are doing

Here are three examples, accessed within 5 minutes on Google.

EX-PLYMOUTH:

“A former Plymouth council official has been arrested as part of a long-running fraud investigation.

Geoff Driver, treasurer and chamberlain at Plymouth City Council in the early 1990s and now Conservative leader of Lancashire County Council (LCC), was held as police probe financial irregularities at LCC. …”

http://www.plymouthherald.co.uk/former-plymouth-council-official-arrested-in-fraud-probe/story-30449451-detail/story.html

CHESHIRE EAST:

A SECOND member of Cheshire East Council’s senior management has been suspended as a result of an internal disciplinary investigation.

Bill Norman, the council’s director of legal services and monitoring officer, has been absent from his post since April and has now been officially suspended.

The decision follows the suspension of council CEO Mike Suarez on April 27.

A CEC spokesman said: “The Investigation and Disciplinary Committee reconvened on Friday, July 14, 2017. The committee is considering allegations relating to the conduct of senior officers.”

http://www.knutsfordguardian.co.uk/news/15416114.Second_senior_management_suspension_as_Cheshire_East_Council_investigates_misconduct_allegations/

ABERDEEN:

A councillor has been suspended from certain duties for six months.
Sandy Duncan, who represents Turriff and District, contacted Aberdeenshire colleagues who were due to consider a planning application for a wind turbine from a firm he was partner in.

He was found to have breached the code of conduct for councillors.
The Standards Commission for Scotland found he had acted inappropriately by using council facilities having been expressly warned not to do so.”

http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-40366506

Voting processes need tightening (and scrutiny) urgently

Why shouldn’t our council’s Scrutiny Committee check in its Electoral and Returning Officer’s procedures – even if the Monitoring Officer doesn’t like the idea because it MIGHT be considered political (by him)? A clean bill of health would reassure voters surely?

“The list of Brexit campaigners done for breaking the rules is getting lengthy.

Following the record £12,000 fine for breaches of spending rules, the pair of £1,000 fines for other offences, the company fined £50,000 for illegal text messages and the 11 anti-EU campaign groups struck off for breaking referendum rules, there’s now another £1,500 fine on a different Brexit campaigner:

The Electoral Commission has fined Mr Henry Meakin, a registered campaigner in the EU referendum, £1,500 for failing to submit his spending return on time. It is an offence not to deliver a spending return by the due date.

Though Mr Meakin reported spending of £37,000 in the campaign, the return was received more than 5 months late.”

https://www.markpack.org.uk/150816/henry-meakin-european-referendum-fine/

Rules … what rules … none apply to HS2

“Fears that high-speed rail project HS2’s £55.7bn budget could spiral higher have been underlined by an audit showing unauthorised redundancy payments to staff, far above the government cap on payouts.

HS2 Ltd, the publicly funded company building Britain’s new high-speed rail network, spent £2.76m on payoffs in 2016, of which only £1m was authorised, according to the National Audit Office.

The head of the NAO, Sir Amyas Morse, said the findings highlighted troubling “culture and behaviours” at HS2, which needed to be addressed if taxpayers’ money was to be protected.

The NAO found that the redundancy payments were made in spite of explicit advice from the Department for Transport to HS2 Ltd that it was not permitted to exceed the civil service cap of £95,000.

HS2 circumvented the cap by placing a number of highly paid staff on gardening leave, continuing to pay them for several months although they were no longer working, on top of the maximum payouts. …”

https://www.theguardian.com/uk-news/2017/jul/19/hs2-cost-nao-redundancy-payouts

and, in the same article:

HS2 has an agreement with the Treasury to allow it to pay higher wages than elsewhere in the public sector, which Higgins has insisted is vital to recruit the best talent. The previous chief executive of HS2, Simon Kirby, hired from Network Rail in 2014 to oversee the start of construction on a £750,000 salary, quit last September.

Heart of the South West: 50% self- interest, 49% spin, 1% substance

… and the 1% is generous!

That’s Owl’s summary of this puff job where the Emperors tell us how beautiful their new clothes are – and how we will all benefit from them:

http://www.devonlive.com/how-the-great-south-west-is-set-to-rival-northern-powerhouse/story-30447945-detail/story.html

“Never mind the quality – feel the width”!

And still not an ounce of accountability or transparency!

How long will our councils keep up the charade that these people are working for us – or working at all.