LEP statistics – not good news

These were in notes for Editors but are too important to languish in notes:

Notes for Editors
39
Number of Local Enterprise Partnerships (LEPs) in England

£12bn
Local Growth Fund available to LEPs between 2015-16 and 2020-21

Up to 419,500
Jobs to be created by LEPs’ Growth Deals according to LEPs

£7.3 billion
Amount of the Local Growth Fund which has been allocated as of March 2016

£2 billion
Annual funding to LEPs from the Local Growth Fund from 2015-16 to 2020-21

£627.5 million
Largest Growth Deal awarded to a single LEP: Leeds City Region

45% to 80%
Range of private sector board membership in LEPs

87%
Percentage of LEPs for which we were unable to obtain information on senior staff remuneration from publicly available accounts.

68%
Estimated real-terms reduction in local authority net expenditure on economic development between 2010-11 and 2015-16

42%
Of LEPs say that they do not publish a register of interests

49%
Of LEPs agreed or strongly agreed that there are clear lines of accountability from the LEP to the local electorate

£85 million
Estimated underspend on Local Growth Fund projects for 2015-16

5%
Percentage of LEPs agreed or strongly agreed that resources available to LEPs are enough to meet the expectations placed on them by government

8
Median number of full-time equivalent staff employed by LEPs.

https://www.nao.org.uk/press-releases/local-enterprise-partnerships/

National Audit Office raises concerns about Local Enterprise Partnerships

Nice to see that the NAO agrees with Owl!

“The role and remit of Local Enterprise Partnerships has grown significantly and rapidly since 2010, but as things stand, the approach taken by the Department of Communities and Local Government to overseeing Growth Deals risks future value for money, according to the National Audit Office.

The government encouraged the establishment of LEPs as private sector-led strategic partnerships which would determine and influence local growth priorities. With the advent of the Local Growth Fund, the amount of central government funding received by LEPs is projected to rise to £12 billion between 2015-16 and 2020-21 via locally negotiated Growth Deals. The Department, however, has not set specific quantifiable objectives for what it hopes to achieve through Growth Deals, meaning that it will be difficult to assess how they have contributed to economic growth.

Today’s report found that LEPs themselves have serious reservations about their capacity to deliver and the increasing complexity of the local landscape. To oversee and deliver Growth Deal projects effectively, LEPs need access to staff with expertise in complex areas such as forecasting, economic modelling and monitoring and evaluation. Only 5% of LEPs considered that the resources available to them were sufficient to meet the expectations placed on them by government. In addition, 69% of LEPs reported that they did not have sufficient staff and 28% did not think that their staff were sufficiently skilled. The NAO found that LEPs rely on their local authority partners for staff and expertise, and that private sector contributions have not yet materialised to the extent expected.

In addition, there is a risk that projects being pursued will not necessarily optimise value for money. Pressure on LEPs to spend their Local Growth Fund allocation in year creates a risk that LEPs will not fund those projects that are most suited to long term economic development. Some LEPs reported that they have pursued some projects over others that, in their consideration, would represent better value for money. LEPs have also found it challenging to develop a long-term pipeline of projects that can easily take the place of those that are postponed.

The Department has acted to promote standards of governance and transparency in LEPs, and all 39 LEPs had frameworks in place to ensure regularity, propriety and value for money by March 2015. The Department, however, had not tested the implementation of such assurance frameworks at the time that Growth Deals were finalised. The NAO found that there are considerable gaps in LEPs’ compliance with the Department’s requirements in this regard, and that the availability and transparency of financial information varied across LEPs.

LEPs’ role has expanded rapidly and significantly but they are not as transparent to the public as we would expect, especially given they are now responsible for significant amounts of taxpayers’ money. While the Department has adopted a ‘light touch’ approach to overseeing Growth Deals, it is important that this doesn’t become ‘no touch’. The Department needs to do more to assure itself that the mechanisms it is relying on ensure value for money are, in fact, effective.”

Amyas Morse, head of the National Audit Office, 23 March 2016″

https://www.nao.org.uk/press-releases/local-enterprise-partnerships/

“Democracy: the missing link in the devolution debate”

“Key findings

Of the arguments made for devolution, 41.6% focus on achieving economic growth as the main justification for devolving power.

Only 12.9% of arguments make the case for devolution in order to shift power, strengthen democracy, and increase citizen involvement in decision-making.

Just 7.4% of arguments address inequalities in wealth and power between regions.

Environmental sustainability is part of just 0.8% of arguments.

Only 2.9% of arguments address the potential downsides and risks of devolution.

Local governments in particular seldom consider the impact of devolution on democracy, discussing democratic outcomes less than central government or think-tanks.

For full report, see:

http://www.neweconomics.org/publications/entry/democracy-the-missing-link-in-the-devolution-debate

Devolution: more concerns

” … The All-Party Political Group on Reform, Decentralisation and Devolution concluded that a significant shift of power from national to local level is essential as part of a coherent and ambitious approach to devolution. This would need to include much greater fiscal autonomy for local areas to overcome decades of centralisation.
Today’s Devolution and the Union paper warns that greater localism can only succeed if members of the public believe their local areas – not Whitehall – are leading it.

As a result, the reports concludes that there should be no limits put on what might be devolved in England, but agreement on what functions remain at a UK level within a “reserved powers” model, similar to the approach adopted with the Scottish Parliament. …”

http://www.publicfinance.co.uk/news/2016/03/kerslake-calls-radical-and-far-reaching-devolution

…‘‘The devolution of power to local areas in England must not be seen as an end in itself but a process aimed at tailoring local business environments to make them better places for business growth,’’ saidTerry Scuoler, chief executive of EEF.
‘‘Ultimately, local decision makers and businesses will need a sustained dialogue on how they can make their local areas places in which businesses can prosper.’’
‘‘To date, however, business has felt disengaged from the process of devolution. For it to succeed in England, business must be fully signed up as partners in the negotiation and delivery of devolution deals.’’
‘‘This must include a key role for LEPs and a focus on areas where tangible outcomes can be delivered in the near term, especially in transport infrastructure,’’

SME Insider, October 2015

East Devon Alliance evidence to National Audit Office on devolution

“Local Enterprise Partnerships accountability and value for money
Comments by East Devon Alliance submitted 18 March 2016

1. Lack of regional logic to LEP grouping

1.1. The key problems limiting growth in the South West are inadequate communications: road; rail; air; broadband and mobile telecoms, through the narrow peninsular. These are limited by a topography that becomes progressively more challenging the further west you go. Yet, instead of treating the peninsular as a single entity, it is split. Cornwall, which is already a unitary authority, has gone it alone and already been given limited devolved powers covering: bus services and local investment; and integrated health and social services. Devon and Somerset LEP have just submitted a bid which is much more ambitious.

1.2. What is the value and regional logic underpinning these LEP groupings?

2. Constitutional Issues and lack of engagement

2.1. “Heart of the South West” (HOTSW) (Devon and Somerset including Plymouth and Torbay unitary authorities) LEP lodged a bespoke articles of association (constitution) and became incorporated at Companies House on 6 Feb 2014; adding clauses, for example, that removed the asset lock, fundamental to Community Interest Companies (CIC), in certain circumstances.

2.2. It is a private CIC company run by a board of 21 Directors who are self-selecting. Six of these are elected councillors from six of the 17 local and unitary authorities across the two counties. There are only four women and no ethnic minorities on the board. No minutes of meeting have been available in the public domain until the last few days. First information began to filter out in Sept 2015 with publication of a statement of intent. Even politically savvy individuals are essentially still in the dark. Little publicity has been given to the submitted bid so far.

2.3. County Councillors, not part of the controlling group, claim that the first they knew of what was going on was around October 2015 when final proposals were debated. They certainly knew nothing at the time the LEP held its first meeting in July 2012. One Independent Councillor tabled an amendment at the October 2015 meeting to allow for public consultation. This seems to have been accepted but no consultation had taken place before the bid was lodged with Central Government. Local district councillors were similarly kept in the dark. In East Devon District Council it seems that the leader, who is a LEP Director, was given fully delegated authority to negotiate. He may have reported to cabinet but not to members. Local authority whipping, with highly constrained debate in some councils, ensured that all councils signed up to the deal. There has been no engagement with the public. The residents of the two counties are not even considered stakeholders in the company.

2.4. How accountable and transparent has this exercise been? What negative effect has it had on democracy?

3. Governance and transparency

3.1. In a 2011 survey, 47% of people felt that UK local government was affected by corruption. We, in East Devon, are particularly sensitised to this possibility following a Daily Telegraph sting operation in 2013 when a local councillor, one time Chair of the local business forum, claimed he could help to secure planning permission, but that he didn’t come cheap. He eventually resigned.

3.2. It seems inescapable that Directors of LEPs will, and should, have close connections to the businesses in their region; and the HOTSW constitution contains the usual requirements to declare interests and conflicts of interest. There appears, however, to be no scrutiny or public audit mechanism to oversee this, and according to the 17 November minutes “Feedback from business indicates that they are not very concerned about governance”.

3.3. To date we have found no details of contracts or service level agreements made. We have been unable to discover how much is being spent on salaries, pensions, admin, etc. Yet HOTSW has been given £65.2M in the second round of the growth deal. HOTSW has a PO Box number but no address

3.4. Is an adequate system of checks and balances in place to scrutinise, account for and control LEP expenditure?

4. Representation

4.1. The business enterprises, other than utilities and health, represented on the Board are Defence (2), Universities (2), Developers (2 or 3 depending how you classify a planning lawyer).

4.2. How effectively can this LEP represent and promote the interests of the small businesses typically found in a rural area (tourism, agriculture, distribution, small builders etc)?

5. Is the proposal soundly based and good value for money?

5.1. The bid to Central Government made by “Heart of the South West” is to build 179,000 more new homes in the next 15 years; boost productivity and create 163,000 new jobs, adding around £20 billions to the local economy through better jobs and higher skills; improve roads and railways, reducing travel time; and reshape the health and care system to meet social, economic and financial pressures. This represents a planned annual growth of 3%+ which by their own admission even Bristol, Birmingham and Nottingham collectively have not achieved in the last 15 years. These three cities have a similar population to the rural one of Devon and Somerset. Regrettably, in Devon and Somerset, we start from an un-competitively low base with productivity only 80% of national levels. Hinkley Point C, located in the north east corner of Somerset and well connected to the Midlands, is claimed to be one of the Golden Opportunities to make this transformation. The gain in jobs across the whole UK from this project is estimated at 25,000, well short of the 163,000 quoted above. Hinkley Point C is years behind schedule and slipping.

5.2. Overall the proposal is lightweight, lacking detailed evidence, risk analyses, targets, critical success factors etc.

5.3. Many of the 17 Local Authorities in the two counties have just gone through a painstaking analysis of housing and economic growth assessment. They have conducted formal Strategic Housing Market Assessments which have been scrutinised in public by a Planning Inspector. These appear to have been replaced by assumptions lacking a realistic economic assessment.

5.4. What is the value for money of this duplication of effort concerning growth assumptions? Is the bid of 3%+ annual growth over 15 years based on realistic and sound economic assumptions, given that all the other LEPs across the country are making similar assessments and projections for long term UK growth are much lower? How is success to be monitored?

5.5. As a matter of curiosity we have examined another bid from D2N2 Local Enterprise Partnership (promoting economic growth in Derby, Derbyshire, Nottingham and Nottinghamshire). There appear to be some marked similarities to the HOTSW bid.

5.6. To what extent is effort being duplicated across the country by LEPs all essentially doing the same thing? Is this good use of scarce public funds?”

Councils must reveal names of councillors who fail to pay council tax on time

Yet again, it took a Freedom of Information request to get the information.

The judge said:

” ... disclosure of the identity of the councillor is necessary to achieve the objectives of transparency and accountability”.

So there.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26343:newspaper-wins-foi-appeal-over-names-of-councillors-who-failed-to-pay-council-tax&catid=59&Itemid=27

MPs (and EDDC’s Standards committee) “marks its own homework”

Bear in mind when you read this that lay members of EDDC’s Standards acommittee are also not allowed to vote on matters put before them

Two former parliamentary standards commissioners have backed calls for an overhaul of the committee that regulates the conduct of MPs.
Sir Philip Mawer and John Lyon both warned that “lay” members of the panel should be allowed to vote on decisions in order to check the power of MPs in regulating themselves.

In a written submission to the Commons standards committee, Sir Philip warned that its lay members were currently little more than “second class citizens”, fuelling criticism that MPs are “retaining the power of decision about their colleagues firmly in their own hands”.

On Monday Mr Lyon, the immediate predecessor of Kathryn Hudson, the current commissioner, said he now also supported the move.

http://www.telegraph.co.uk/news/politics/12193885/Sleaze-watchdogs-back-calls-to-stop-MPs-marking-own-homework.html

Heart of the South West LEP – another conflict of interest?

Nick Engert

What his LEP profile says:

When is a conflict of interest not a conflict of interest? Who knows …

Nick is a regular advocate for over thirty years at public inquiries into planning appeals and objections to Local Plan proposals. He was made a partner in 1979 and ultimately chairman of the whole firm in 2000. Nick retired from the partnership in 2009, but remains a consultant with Clarke Willmott with particular emphasis on advising land owners in respect of current major nuclear development proposals in Somerset.”

What his entry on his former employer’s website says (he remains a consultant to the firm):

Nick has a national reputation as a planning advocate and regularly provides advice on a broad range of planning matters. He advises a number of public and private institutions and major landowners on issues relating to planning applications and appeals, environmental aspects of property transactions, development control, planning agreements, enforcement notices and listed buildings. Nick is recommended as a leader in the planning field by the legal directories.”

More nuclear interests … and the land around …

One company does at least 250 Housing estimates for local plans – councils refuse to disclose data

One botched arithmetical calculation could change housing figures all over the country – but councils refuse to allow scrutiny of the data.

“Councils have a public duty to estimate housing need. Guildford has delegated this calculation to a property consultancy called GL Hearn. It has not disclosed the detailed arithmetic and assumptions to show how the housing need for the borough was calculated. It even professes not to hold a copy of the model.

Guildford’s Code of Conduct pays lip-service to ‘Openness’, ‘Transparency’, and ‘Honesty’. Failure to oblige contractors and consultants to disclose their calculations to the public is not consistent with these values. Nor is it an acceptable method of conducting public affairs. It is not consistent with the principles of good public procurement contracting. Failure to explain in detail the assumptions and arithmetic behind the housing need estimates which underpin the Local Plan is a dereliction of public duty.

GL Hearn apparently subcontracted the work to Justin Gardner Consulting:

http://www.justingardnerconsulting.co.uk/index.php?page=test-page

It claims to have worked for some 250 planning authorities across England. Failure to disclose may therefore be widespread.

Please see the Information Commissioner’s decision on the link below:

Click to access fer_0558599.pdf

http://www.guildford-dragon.com/2015/11/07/letter-the-way-our-housing-numbers-have-been-calculated-should-be-revealed/”

https://www.change.org/p/mr-paul-spooner-leader-of-guildford-borough-council-councils-must-publicly-disclose-housing-need-calculations-in-guildford-and-across-england

Special software instantly destroys secret communications between banks

How long before local authorities and Local Enterprise Partnerships get it?

George Osborne is being urged to crack down on bankers keeping communications secret by top Tory.

A leading Conservative MP is urging Chancellor George Osborne to take action on bankers using special software to keep their communications secret.

Andrew Bridgen MP has written to Mr Osborne warning him of the dangers of Symphony interbank software.

Mr Bridgen fears the software – which allows instant messages and emails to be deleted without a trace – could help cover-up another banking crisis.

In a letter to the Chancellor, seen by the Sunday Mirror , he said: “I am writing regarding my deep concerns in respect of the relationship between several banks and hedge funds and Symphony Communications.

“A group of 14 banks and hedge funds, led by Goldman Sachs, invested $66 million into Symphony Communications.

The money was used to buy the Perzo messaging platform, an instant messaging system in the financial markets.”

Mr Bridgen then raises concerns the firm has boasted of special tools “to prevent government spying”, that there are “no backdoors” and that it has “a specific set of procedures to guarantee that data deletion is permanent”.

He added: “There is obviously an ongoing concern regarding the conduct of the banking industry following the financial crisis of 2008 and the several scandals that followed this.

“Although I believe the banking culture has changed in the UK, if employees of banks using the Symphony communication system believe they will never get caught insider trading and manipulating markets, then that culture will soon change back again.”

Mr Bridgen had previously written to the Business Secretary Sajid Javid and the Financial Conduct authority with his concerns.

http://www.mirror.co.uk/news/uk-news/george-osborne-being-urged-crack-7545681

Beach huts, Dunkeswell and Chardstock: meeting of Scrutiny Committee on 17 March 6 pm

A most interesting agenda for the next Scrutiny Committee:

The beach hut omnishambles shambles on .. graphs, pie charts, illustrate how best to fleece beach hut renters …

A most interesting section on why Dunkeswell and Chardstock were added to the Local Plan at the last minute (and removed by the Inspector at the last second).  A tale of meetings between Diviani and Moulding (the latter unable to attend the meeting and having sent in a written report), of an eloquent developer coincidentally having the same views as Moulding and the unfortunate absence due to sickness of Diviani when the decision was made ….

What’s that smell?

“Commons watchdog chair Sir Kevin Barron steps aside from committee over ‘rules breach’ “

“The Labour MP who oversees ethical standards in the Commons has stepped aside from his role following a Telegraph investigation into his business dealings.

Sir Kevin Barron, the chairman of the standards committee, agreed a contract with a group of companies that said he would arrange events in Parliament in return for payment – an apparent breach of the rules.
y
On Thursday he announced that he had referred himself to Kathryn Hudson, the Parliamentary Standards Commissioner, over the disclosures.

The move means that two members of the committee that regulates MPs’ behaviour now face inquiries by Mrs Hudson. Earlier this week the Telegraph disclosed how Tommy Sheppard, an SNP member of the committee, was being investigated over his failure to declare a shareholding worth £200,000. He blamed an “administrative error”.

Sir Kevin’s announcement came after the Telegraph revealed how he undertook to provide “services”, including sponsoring events in the House of Commons, for the Japanese Pharmaceutical Group (JPG) in return for thousands of pounds. …”

http://www.telegraph.co.uk/news/politics/12190163/Commons-watchdog-chair-Sir-Kevin-Barron-steps-aside-from-committee-over-rules-breach.html

Our Local Enterprise Partnership members declarations of interest

And very interesting they are too!

http://www.heartofswlep.co.uk/board-members%E2%80%99-conflicts-interest

Brexit ministers: yet another hokey-cokey!!!!

Thanks to Councillor Marianne Rixon who first pointed out EDDC doing the in-out with Sidford Fields in the Local Plan. Then we had the will he-won’t he agonising of MP Hugo Swire about Bremain/Brexit decision. Now we have the latest version of the party dance! Though we suspect some Cabinet Ministers may still need to resort to Freedom of Information requests!

“Sir Jeremy Heywood has said government ministers campaigning for Brexit will be given access to documents relating to the EU referendum, in a move that MPs have described as a climbdown.

The cabinet secretary insisted to MPs that his guidance to civil servants was not meant to deny their ministers “factual material” but only “briefing and speech material supporting the out position”.

“The civil service is not going to be supporting ministers who are against the government’s position to make that case,” he told the Commons public administration and constitutional affairs select committee.

But he added: “If there is factual material that is generally available in the department – I would have discuss that with the prime minister – but I am pretty sure he would be comfortable about that being shared.”

http://www.theguardian.com/politics/2016/mar/01/pro-brexit-ministers-will-have-access-to-papers-says-cabinet-secretary

Disquiet over Devon and Somerset Devolution deal

” I I am getting increasingly concerned about our devolution process in the South West.

Devolution is different in each region, but one thing each has in common is a lack of public consultation. In fact here in Devon most people don’t even know we are in the process and that many of the councils in Devon and Somerset have signed up already. Cornwall has already finished the process.

People don’t know what is happening and that is a concern, as the implications of devolution will impact upon all of us and I find the actual devolution bid extremely worrying.

Robert Vint, a Devon county councillor commented, on devolution recently, saying: “The Government has taken away the funds that local authorities were once spending to meet the needs of local people – for affordable homes, care services, repairing local roads etc.

“It now offers to give back £195.5 million – but only if we endorse a package of mega-projects in which we have had no say. This is coercion, not ‘devolution’. “The decisions about how this council spent its money were once democratically decided; the proposals in this Devolution Prospectus were not. “It is not the economic recovery plan that residents would have created themselves if they had been given the opportunity.”

The privatisation of local authorities in other words, yet we know so little about it. We definitely don’t know about the LEP, who are at the heart of it. LEP stands for Local Enterprise Partnership.

The one for Devon and Somerset is known as the Heart of the South West LEP (H0tSW LEP).

It is basically a business quango made up of business men and women and a few elected councillors, who channel money from the government and from Europe into local business and enterprise, or that was what it was originally set up to do.

They are the ones who are enabling devolution down here. Most people know very little about them.

They have a website detailing their aims and grants, but they hold their meetings in private and it is difficult to see the minutes of those meetings.

They say they will deliver £4billion to the UK economy. A lot of that money is going into the Hinkley C nuclear plant.

I personally do not want money spent on a highly controversial nuclear project, at a time when our local services are being cut to an absolute minimum, but I have no say in the matter and nor does anyone else, that I can see.

There is so little transparency in this process that even councillors who are supposed to be involved in the devolution bid are struggling to find information. We do know that they are about growth and not much else it seems.

This seems to me to be the opposite of localism. In the future who is going to control planning applications? Will it be the local authority still or will it be the LEP? If it is the LEP, I cannot understand how there won’t be a conflict of interest.

The proposal is also about creating a new authority but there is no information that says which, if any, current body it would replace.

The HotSW LEP is made up of elected councillors as well as business people, but the process is opaque and undemocratic. Many of those on the board who are self-appointed have business interests in property and construction. I am sure the HotSW LEP is all above board.

But it seems to me that LEPs could be vulnerable to corruption. I would like some guarantees, I would like some transparency, I would like to have my democratic rights adhered to, but I can’t see it happening.

Mr Vint also points out: “There are proposals (in the devolution bid) to build 179,000 new houses across Devon and Cornwall – but the plan ignores the priorities of all the Councils across the South West that want affordable housing for local people – not unregulated market housing.

“While ‘housing’ is mentioned repeatedly, three key words are totally missing from this document – ‘affordable’, ‘social’ and ‘rented’.

“Those are the kinds of houses we most urgently need, not commercial housing.This proposal is an attack on democracy; its priorities are not the priorities of local people; it puts the needs of big business before the needs of local people and it is helping to bail out businesses, such as Hinkley C, that are nowhere near being financially viable without massive subsidy.”

Where does this figure of 179,000 houses come from? Who is going to build them? Why do we need them? Who are the LEP to decide such matters?

I find it all very disturbing. Devolution was supposed to be about local areas deciding on local matters, not the takeover of council services by corporate interest. I read recently that devolution meant “the Transatlantic Trade and Investment Partnership for the Shires”, a reference to the proposed international agreement that many feel hands too much power to businesses. I fear that analysis is correct.”

http://www.plymouthherald.co.uk/Comment-Devolution-mean-localism-quangos/story-28835533-detail/story.html

Freedom of Information: will remain free and give more information

However, as always, the devil will be in the detail so Owl is waiting to see this before celebrating. Staff expenses i formation should be fun.

Ministers have chosen not to introduce fees for Freedom of Information (FOI) requests following a review of the law.

An independent commission was asked to examine it amid concerns within government that “sensitive information” was being inadequately protected.
FOI, used by campaigners and journalists to ask questions of public bodies, was “working well”, Cabinet Office Minister Matt Hancock said.
He said there were new plans to require public bodies to reveal staff expenses.

The full findings of the Freedom of Information Commission’s review are due to be published later, but speaking ahead of its release, Mr Hancock said there would be no wholesale changes to the FOI Act.

But, as always, the more free a public body is with information in the first place, the less reliance we shall need to have on the Act.

“After 10 years, we took the decision to review the Freedom of Information Act and we have found it is working well,” he said.

“We will not make any legal changes to FOI. We will spread transparency throughout public services, making sure all public bodies routinely publish details of senior pay and perks.

“After all, taxpayers should know if their money is funding a company car or a big pay-off.”

http://www.bbc.co.uk/news/uk-35693236

Brexit Ministers get a taste of civil service “impartiality”

“… Is the civil service orchestrating an EU referendum cover-up?

Whitehall sources have confirmed that Heywood [Head of Civil Service] told senior civil servants that there would be times when they would have to bypass the six senior ministers who want to leave the EU.

And in a statement issued by the Vote Leave campaign group, Patel said: “It is important that the civil service maintains impartiality during the EU referendum. Jeremy Heywood’s unconstitutional act threatens the reputation of the civil service.

“Secretaries of state are responsible for their departments. For an unelected official to prevent them being aware of the information they need for their duties is wrong. …

… Bernard Jenkin, the chairman of the Commons public administration select committee, who is tabling an urgent question in the Commons, said Heywood appeared to be acting in an “unorthodox and unprecedented” manner. The row first broke out last week when Heywood issued guidelines banning civil servants from showing official papers related to the EU referendum to Brexit.

In a move aimed specifically at Iain Duncan Smith, Heywood issued guidelines last week to ban civil servants from preparing new research for anti-EU cabinet ministers that could be used in the EU referendum campaign. No 10 had feared that Duncan Smith, who has strong doubts about the welfare elements of the prime minister’s EU reform plan, would seek to ask his officials to assess the credibility of the plan.

At least one permanent secretary is understood to have raised concerns with their Brexit secretary of state that Heywood may be acting in a constitutionally inappropriate manner because secretaries of state, technically at least, are solely responsible for their departments under a seal granted by the Queen.

Officials in Heywood’s office are also contacting the private offices of ministers who have yet to declare which side they are supporting in the referendum, asking them to make their intentions clear. This is designed to work out whether they are entitled to see all papers in their department related to the referendum. Duncan Smith urged David Cameron to reverse the Heywood guidelines.

Jenkin said that any attempt by Heywood to bypass a secretary of state would be unconstitutional and could be unlawful by infringing the Carltona principle, which says that officials in a department work “under the authority of ministers”. Jenkin, whose committee will question Heywood on Tuesday, said of the cabinet secretary’s guidelines: “This is unorthodox and unprecedented. In law the minister is indivisible from his or her department.”

Well, we can tell them all about how restricting information works in East Devon! If you don’t belong to the Cabinet (even if you are a councillor from the same political party) you will never get to know how some decisions start out, get developed or even end up. Your colleagues won’t tell you and senior officers won’t tell you either.

Welcome to our world Ms Patel!

“Many public appointments need more rigorous scrutiny” says Parliamentary Committee

“Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Select Committee, said:

“Public appointments to quangos need more rigorous scrutiny. They have needed it for years. More of the most powerful appointments – of the Chief Executive of the FCA and the Governor of the Bank of England – should be subject to full pre appointment scrutiny. The Government continues to disagree, appealing to the ‘market sensitivity’ of these appointments. That is not an adequate explanation.

The time has come to entrench the independence of the post of Chief Executive of the FCA. On behalf of the Treasury Committee, I have tabled an amendment to the Bank of England and Financial Services Bill to give this effect. The Chief Executive of the FCA should be able to operate with the confidence that he or she cannot be dismissed without Parliament’s – the Treasury Committee’s – approval. The public, too, need to have confidence that the Government is not interfering with independent supervisors and regulators.

The OBR provides an appropriate precedent. In 2010 the Chancellor agreed that the appointment and dismissal of the head of the OBR should be subject to Select Committee approval. He also agreed that this would bolster the independence – and the perception of independence – of Robert Chote, to the benefit of both the Chancellor and the country. And so it has proved. The Chancellor has frequently alluded to the Chairman of the OBR’s independence from the Treasury to reinforce the credibility of the forecast. A similar arrangement should also be put in place to entrench the FCA’s independence.

The OTS’ independence certainly needs to be bolstered. The OTS cannot achieve much if it appears – whether fairly or not – to be a creature of the Treasury. It is crucial that the scope and limitations of its independence are fully understood by HM Treasury, the OTS, Parliament and the public.”

http://www.parliament.uk/business/committees/committees-a-z/commons-select/treasury-committee/news-parliament-2015/scrutiny-of-appointments-report-published-15-16/

Public speaking at EDDC planning meetings – or public gagging?

A “success” for whom? Certainly not us. And transparency – of course not. But thank you for trying, Susie.

This is why we need independent councillors.

And how do we know that it REALLY is “first come, first served”?

From the blog of Independent Councillor Susie Bond:

“The year-long trial for public speaking at planning meetings (DMC) has come to an end and my pleas for the Council to return to the old system of allowing anyone to speak on a planning application have fallen on deaf ears.

Under the old system, all an interested resident had to do was to add their name to a list at the entrance of the council chamber on the day of the meeting.

It was as simple as that.

Now, in order to be able to speak, you have to jump through several cumbersome hoops. Instructions on EDDC’s website and DMC agendas read:

“To speak on an application at Development Management Committee you must have submitted written comments during the consultation stage of the application. Those who have commented on an application being considered by the Committee will receive a letter or email (approximately 9 working days before the meeting) detailing the date and time of the meeting and instructions on how to register to speak. The letter/email will have a reference number, which you will need to provide in order to register.

Those who are eligible to speak for up to 3 minutes on an application can register from 10am, 6 working days before the meeting up until 12 noon, 3 working days before the meeting, by leaving a message on 01395 517525 or e-mailing planningpublicspeaking@eastdevon.gov.uk.”

The trial was instigated because the length of meetings was becoming ridiculously long and (it was suggested) it was members of the public who spent too long putting their points across and, heaven forfend, repeating themselves, which made them so.

My view is that DMC meetings were becoming overlong because of the very many applications being submitted by landowners and developers keen to secure planning consent in inappropriate locations while EDDC had no Local Plan in place. Without a Local Plan and the required 5-year land supply, planning applications were determined on the sustainability of the site … and lengthy meetings were made even lengthier by DMC members trying to find reasons for refusal which would stand up at appeal.

But the hoops are even more complex. The instructions continue:

“The number of people who can speak on each application is limited to:

• Major applications – parish/town council representative, 5 supporters, 5 objectors and the applicant or agent

• Minor/Other applications – parish/town council representative, 2 supporters, 2 objectors and the applicant or agent

Whether an application is classified under the legislation as a major, minor or other will be noted on the agenda for the meeting.

An officer will only contact those whose request to speak has been successful. Speakers will be registered on a first come, first served basis. The contact details of registered speakers, unless advised otherwise, will be posted on the website to allow others, who may have wished to speak, to contact them.

The day before the meeting a revised running order for the applications being considered by the Committee will posted on the website. Applications with registered speakers will be taken first.”

A report on the public-speaking arrangements came before the Standards Committee in January and then to DMC on 16 February and it was resolved to continue with the trial for a further year with a view to making it permanent thereafter. Members of DMC were asked to acknowledge the success of the trial.

‘Success’

The ‘success’ of the trial is debatable.

It has certainly made planning meetings more efficient and less time-consuming, but the length of time they take is now the same as it was before the introduction of the Draconian planning laws (the NPPF), so the stringent rules on public speaking at DMC are no longer necessary.

Members of the public are outraged at their speaking rights being curtailed and are making their voices heard to their district councillors.

It’s through listening to the views of the communities who are affected by any planning application that pertinent planning questions have been raised at DMC and which planning officers have been required to clarify.

We have created a system which is unnecessarily complicated for the general public to navigate and places an extra burden on Democratic Services officers who run the meetings.

Some might consider that this policy of making it difficult for the people of East Devon to exercise their democratic right is a bad thing and indeed that it reflects poorly on EDDC.

https://susiebond.wordpress.com/2016/02/22/public-speaking-at-planning-meetings/

How can you have a Part A on an agenda when everything is secret!

This is what the EDDC website says about the Asset Management Forum:

The Forum is currently held in private, excluding the press and public. Agendas, reports and minutes are published below but some information has been redacted due to its confidential nature.”

http://eastdevon.gov.uk/council-and-democracy/committees-and-meetings/other-panels-and-forums/asset-management-forum/

lips

The Asset Management Forum therefore appears to meet in secret. This is its latest agenda:

Click to access 110216amfcombinedagenda.pdf

How can you have a Part A (public) section when everything is held in secret and is therefore automatically Part B?

All Part B agenda items must be announced well in advance and the reasons for the secrecy must be given.

This does not happen with the Asset Management Forum.

Why?

Or, has it suddenly been made open to the public – but no-one thought to tell us?

Curious.