Agenda Item No 3 PP46/07 Eden District Council Council 14 June 2007 Response to Government Consultation on the Unitary Proposal for Cumbria Management Team 1 Purpose of Report 1.1 This report considers the Council’s response to the government’s consultation on the proposal submitted by Cumbria County Council (CCC) for a unitary authority covering the whole of Cumbria. The report includes, at sections 9 and 10, the Leaders’ recommended response which is required to be submitted to the Department of Communities and Local Government by 22nd June 2007. 2 The Background 2.1 Earlier reports to Council have set out the invitation in the White Paper ‘Strong and Prosperous Communities’ to submit proposals for unitary structures in two tier areas and CCC’s response to that invitation. That proposal was considered by the Government and was one of 16 selected for stakeholder consultation. 2.2 Members have received four previous reports on the Local Government White Paper and its invitation to councils to submit proposals for unitary structure in two tier areas. 2.3 A summary of the previous reports, and the actions arising from them is set out below: Special Council 16 November 2006 This report explained what the White Paper was inviting and the fact that CCC was expressing its intent to submit a proposal for one unitary council for Cumbria. At that time the district councils in Cumbria were still considering their options and how they might respond. Members resolved that: 1 a. the Council investigates and explores the options with other councils through officers and leaders and brings back a further report to the next meeting of the Council on 14 December. b. a strongly worded letter be sent to the Government expressing the Council’s objection to the short timescale and lack of public consultation in the proposals for submission and consideration of options for Local Government reorganisation contained in the White Paper. c. a copy of this letter be sent to district authorities in the county areas identified as suitable areas for potential reorganisation. Council 14th December 2006 This report updated members on progress on the three resolutions. At this meeting, members resolved: 1. Officers continue to contribute to the workshops on the development of Cumbria County Council’s proposal for a single unitary authority for Cumbria. 2. Information be sought from other Cumbrian districts on any options for unitary models for Cumbria that may emerge. 3. Any options that have come forward are considered at a Special Council on Thursday, 18 January 2007. 4. The invitation to the meeting with the County Council on 9 January 2007 be declined and the Chief Executive write to the Chief Executive of Cumbria County Council expressing dismay at being invited to what is seen as a ‘done deal’ - the meeting was rearranged following protests from the districts and took place on 4 January 2007. It was attended by the Director of Finance (in the Chief Executive's absence) and Councillors Smith, Metz, Thompson and Raw. 5. A copy of the letter to the County Council be sent to the Chief Executives of the other five district councils in Cumbria. The items in the resolution were actioned. Special Council 18th January 2007 At this meeting members considered the final draft of the County’s bid. The advantages and disadvantages of CCC’s proposals were set out as follows: Advantages improved accountability, as the public have greater clarity about responsibility for service delivery 2 reduced running costs due to the elimination of overheads as seven authorities are reduced to one local accountability through community boards local authority services are automatically 'joined up' internally: no need for problematic service sharing local authority services can be better joined up with other agencies which tend to operate on a pan-Cumbria basis, e.g. Police, Primary Care Trust, Cumbria Tourism public resources concentrated into a single critical mass Disadvantages the area of Cumbria is large for one authority. The centre will be remote from the public the small number of members will reduce the public's democratic access community boards may not have sufficient autonomy to make an impact locally service levels vary across districts. In the short term, services in high performing councils may reduce funding may be diverted from district council functions, e.g. sport and leisure, to traditional high-spending County functions, such as social services. At that meeting members resolved: 1. the Council take no further action until the DCLG’s formal consultation on the County proposal; 2. this decision be communicated to Cumbria County Council, Carlisle City Council and the DCLG; 3. the following letter be sent to the Secretary of State; ‘Dear Ms Kelly, Structure of Local Government in Cumbria At its meeting on 18 January 2007 this Council formally considered the proposal that Cumbria County Council is submitting to you for one unitary authority in Cumbria. During the preparation of the County’s bid this Council has actively assisted the County both in providing the information it required and testing aspects of the case as it was developed. Unitary government may have some advantages in general and the Council is not opposed to unitary councils in principle. However, the Council decided not to support the proposal as it felt that any advantages were outweighed by the disadvantages of this particular proposal. The main disadvantages were seen to be as follows: The area of Cumbria is too large for one authority. The centre will be remote from the public; 3 The small number of members will reduce the public’s democratic access; Local area boards may not have sufficient autonomy to make an impact locally; Service levels vary across the districts. In the short term, services in high performing council areas may reduce; Funding may be diverted from district council functions, eg sport and leisure, to traditional high spending County functions. The Council believes that an enhanced two tier structure could lead to a more effective solution to local government structure in Cumbria. This Council has been instrumental in developing inter-authority working and in particular setting up the Cumbria Local Authority Strategic Board (CLASB). Over the last twelve months CLASB has moved the agenda forward substantially in areas such as shared services. The Council feels that this is a firm foundation on which both tiers could work together to develop a new local government structure. We therefore urge you not to proceed with the County Council’s proposals and instead enjoin all Cumbria local authorities to co-operate on a practical solution to the challenges of your recent White Paper. 4. the letter be copied to all Cumbrian District Councils, all Parish Councils within Eden and key partners and form the basis of a press release. The items in the resolution were actioned. Council 19 April 2007 Members considered a comprehensive report on the consultation. The resolutions arising from that report and the action taken to implement them are set out below: 1) that Members reject Cumbria County Council's invitation to nominate members and officers to further their proposals as premature. ACTION: Letter sent advising the County 2) that a seminar be convened to take place on 24 May 2007 at 5pm to consider how the Council may wish to respond to the Government's consultation. ACTION: The seminar took place 3) that Cumbria County Council be invited to provide a presentation to that seminar. ACTION: Presentation provided 4) that representatives from the Better Government for Cumbria working group be invited to provide a presentation to that seminar. ACTION: Presentation provided 4 5) that all Parish Councils and Eden's key stakeholders be informed by the Council of the consultation process and how to make their views known to the Secretary of State. ACTION: Letter sent 03 May 6) that Electoral Reform Services be engaged to carry out direct consultation with members of the public, as such consultation would be in their interests and to their benefit, and to suspend the Procurement Rules to enable this to happen. ACTION: ERS undertaking Poll 7) that a Special Council meeting be convened on 14 June 2007 at 6.45pm to finalise the Council's response to the Government's consultation. ACTION: Meeting convened 8) that the Council supports the judicial review proposed by Shrewsbury and Atcham Borough Council on the basis that the Secretary of State has no power to initiate the consultation. ACTION: Letter of support sent 9) that the Council seeks leading Counsel's opinion and advice upon a judicial review of the Secretary of State's decision. ACTION: Counsel’s opinion sought 10)that supplementary estimates sufficient to fund the consultation method selected (£25,000) and the seeking of Counsel's opinion on judicial review (£5,000) be approved. ACTION: Approved 11)that the Chief Executive be authorised to consider and approve any other requests for support in relation to judicial review proceedings in consultation with the Director of Corporate and Legal Services, the Joint Leaders of the Council and the leaders of the political groups provided that any request for a financial contribution is considered by Council before any approval is given. ACTION: There have been no further requests to support judicial review proceedings. It is believed that a number of other authorities are contemplating proceedings. No requests other than to join formally with Shrewsbury’s action have been made 12)that the Chief Executive be authorised to inform the Secretary of State of the Council's view on the consultation process as follows: a. the consultation should not be limited to key stakeholders and partners; b. the Secretary of State should consult all persons with an interest in the proposal including residents affected and parish councils; c.