‘All hail the Mayor’

Philip McCourt sets out some key considerations arising out of the English Devolution White Paper.

All of us working in local government have been busy looking over the English Devolution White Paper, so here are a few of our thoughts as sparked by its contents.

The term ‘strategic authorities’ is the new overarching name being given to combined authorities and devolution. As in previous guises, the Government is unabashed at stating that, for these strategic authorities and their method of conversation with the regions, “Mayors are the government’s strong preference”.

As with the previous government, devolution will remain a tiered process but is now a reduced list, with established mayoral authorities receiving the greatest levels of devolved funding and powers. There is no talk of moving back from the now current form of electing the mayors by first-past-the-post back to first and second choice. What there is, however, is internal governance highlighted early in the White Paper, with a move away from the unanimity of constituent authorities’ support for decisions to pass (as contained for certain topics in previous combined authority devolution deals and constitutions) to a system of majority voting and a confirmation of the mayor’s required support for decisions to happen; so we watch for the detail. There is also a move to a more common set of provisions for strategic authorities, which will keep some individuality but will help end the confusion arising out of the differences across the current combined authorities, particularly those established early on.

With this comes the ambition to deliver across all areas and the powers that will be handed across, these being the functions of transport and local infrastructure, skills and employment support, housing and strategic planning, economic development and regeneration, environment and climate change, health, wellbeing and public service reform and public safety. All areas that will require dedication and support. With this comes a promise of a more secure funding stream for all, a level of assurance that must surely be welcomed by everyone. Behind this of course will also be the task of giving thought and voice about how to make these projects and ambitions happen; understanding the funding and constitutional rules that are passed over and how to then produce sound, lawful and deliverable decisions that the population can understand.

Devolution and integration of functions at that strategic level will now come as a requirement, certainly needed in many areas and beyond that of the former LEPs but not always welcome as a directive. At this strategic level, the invitation to come together for those who haven’t already is now made, but the White Paper makes it clear that the Government “will legislate for a ministerial directive, which will enable the government to create Strategic Authorities in any remaining places where local leaders in that region have not been able to agree how to access devolved powers”.

Alongside this, the big headline is the Government “expect two tier areas and smaller or failing unitaries to develop proposals for reorganisation”. Whilst the intention is to sequence these reforms alongside the Government’s devolution ambitions for each area, it is clear that the Government will not allow reorganisation arguments to slow down their strategic authority programme.

Whilst the politics will rage about the size and shape of reorganised councils, where the economies of scale argument is winning out with the intention to create councils with a population of 500,000 or more (meaning the whole nation of Iceland would not qualify as a local council of England), the tasks associated with creating the end product will remain the same. Weaving new authorities from the old and forming their governance afresh is no small ask for those involved. From having supported a number of new authorities birthed out of the last rounds of reorganisation, we know well enough that there will be plenty of challenges ahead in any number of areas, from new constitutions to employment issues, staff placement, assets, service hosting, contracts and issues of contract alignment.

Not to be lost in all of this is the short phrase in the White Paper that the Government “will expect new councils to take a proactive and innovative approach to neighbourhood involvement and community governance so that citizens are empowered”. This may be taken as a reminder that there will be a reaction to reorganisation, as there has in those areas where reorganisation has happened in recent years. This has not only been about community involvement and engagement; there has also emerged a call for new forms of community governance, which has included the formation of new town and parish councils focussed on the urban areas that were previously the population centres of their former authorities. The largest of the new form of parish councils now covers a population of over 140,000, meaning their voice and call for double-devolution, or micro devolution as some refer to it, will be difficult to ignore. Bevan Brittan are already assisting with reviews and local deals and don’t expect the conversation around this topic to reduce.

Trailed early has been the issue of remote attendance at meetings by elected members and even voting by proxy, mentioned in short form in the White Paper. At Bevan Brittan we have already worked with Lawyers in Local Government and ADSO to share our own views in these areas. In whatever form these changes come, it will require new standing orders (a matter close to our team’s heart), which may also prompt a wider constitutional review and, likewise, is a reminder about our joint referral working with ADSO to support those reviews.

Last, but by no means least for the work that we do, is the mention in the White Paper of the now launched consultation on local government standards. It is worth reiterating that councillors (elected members at all levels) in England remain the least regulated that they have been since 1927. At the same time, we live in a noticeably febrile political atmosphere and over recent years have seen increased threats made, putting both those elected members and their officers at risk. We share the collective relief on the changes proposed on strengthening the response to poor member conduct expressed by others in their consultation responses, alongside the thoughts on applying the learning from Wales, Scotland and elsewhere, and remind the Government about the recommendations from the Committee on Standards in Public Life and others on improving protections for the statutory officers whose job it is to speak truth unto power.

Philip McCourt is a Legal Director at Bevan Brittan. To discuss the white paper further, contact Philip, David Kitson (Partner) and Victoria Barman (Senior Associate).