The General Power of Incompetence

Expect a storm when the public becomes aware of the General Power of Incompetence Bill recently introduced by MPs Manny Acal and Ofis Tree under the Private Members’ Bill provisions.

This controversial measure introduced (according to Mr. Tree) ‘to combat the horrendous discrimination practised against some authorities and their officers and members who are daily struggling with chronic incompetence and systemic disinclination’.

Manny Acal added: ‘The current position is clearly a breach of their fundamental rights to manifest the essential human attributes of idleness and incompetence‘. ‘After all,’ he continued, who doesn’t have these in some measure or other? Authorities can therefore play a vital role in providing empathy for all of us who currently have to deal with these conditions in a relentlessly uncaring environment’. ‘And another thing,’ added Tree, ‘If competence is so good why is the world in such a state today?’

So what does the Bill do? Currently it is very short; some have said incompetently so. Clause 1 provides as follows: ‘A relevant authority may discharge its functions incompetently and must do so whenever so required by order made by the Secretary of State’ (Emphases added).

‘Relevant authority’ is widely defined by clause 3 to include all types of local and other public authority including parish councils. The measure, however, is expressed to apply to English authorities only and is therefore not proposed to apply to Wales.

So what is ‘incompetence’ for these purposes? According to clause 3, this is ‘acting with due and manifest disregard for economy, efficiency and effectiveness in the discharge of all the functions and activities of a relevant authority’. Clause 4 consequently proposes repealing (amongst other things) the Best Value provisions in the Local Government Act 1999.

This is clearly a surprising and radical measure, particularly following the much-welcomed enactment of the general power of competence which is just now bedding down usefully within local government.

But whilst it remains to be seen just how the Bill will fare in the Parliamentary process (and how it squares with the Government’s deficit reduction strategy) the measure has apparently gathered some influential (albeit anonymous) support in some surprising places.

Nevertheless, no Government or opposition spokesman has been available for comment. Many who have for years been hiding personal, professional and corporate incompetence as something not to be proud of would no doubt welcome some official recognition of this important condition and the enhanced sense of personal well-being it can apparently bring.

However, public outrage at the inefficient use of public resources which is integral to the Bill does make it unlikely that it will survive much beyond early infancy, and indeed this April 1st article.

© Nicholas Dobson April 2012.