Happy Easter Monday! Apart from being the day of the Easter egg hangover, it is also Eric Pickles’ chosen deadline for his consultation on statutory duties – part of the government’s big drive to ‘get rid of red tape’. Strange day for a deadline and - even stranger - the CLG web site says nothing at all about it today. But now that the consultation is apparently closed, let’s hope that those of you contemplating a response to the statutory duties review managed to submit yesterday, in between cream eggs.
Unison’s Local Government section has submitted its views on one of the most subterfuge consultations in history – given the possible consequences for the powers of local government, local people and for local services too. Despite today being the deadline for this one particular consultation amongst many other confusing consultations, the CLG web site tells us that much red tape has already been snipped on the back of earlier submissions: National Indicators and Local Area Agreements went in October, ring-fencing for revenue and capital grants has been clipped and 29 revenue grants will disappear by 2013/14.
Secondary legislation also for the chop in a separate review includes the Council Tax (Demand Notices) (England) Regulations 2009 which place a requirement (’burden’ in CLG speak) on local authorities to inform council tax payers of ‘efficiency savings’ (aka ‘cuts’) and the statutory guidance on local economic assessments which will – of course – ‘free up’ local authorities to decide how they monitor their local economies. Also heading for the Coalition graveyard are local fire protection requirements, statutory guidance on Multi Area Agreements, while those notorious ‘burdens on business’ – building and environmental impact assessment Regs will apparently be simplified (aka ‘rendered useless’).
The 1,294 statutory duties still up for grabs are fundamental to many of the services and protections that our communities currently ‘enjoy’, especially the most vulnerable within them. They offer environmental protection and basic safety, harm-free food and also protect vulnerable children and underpin provision of basic services such as libraries. Other duties ensure the transparency and efficient running of local government itself. But let’s take a look at some ‘red tape’ governing the safety of local communities first....
There are the Gas Appliances Regs 1995 which require councils to enforce gas safety standards and the Fire and Rescue Service Act 2004, providing for the extinguishing of fires, protecting life and property and the rescue of people in road traffic accidents. The Food Labelling Regulations 1996 give local authorities the responsibility for ensuring the accurate labelling of food and preventing the sale of old meat pies and the like. The 2010 Transmissible Spongiform Encephalopathies Regs require councils to prevent the sale of unsafe meat products which could lead to mad cow disease, while the parts of the Criminal Justice Act 2003 which require agencies to work together to manage risks posed by offenders on release from custody are also included in the ‘red tape’ category and up for grabs.
How about the environment? The Environment Protection Act 1990, Section 45A, requires councils to collect recyclable materials, while Section 89 places a duty on them to keep land and highways free of litter. Sections 27 (2) and 41 (1A) of the Highways Act 1980 ensure that they also keep rights of way repaired, fit for purpose and free from snow and ice. The New Roads and Streets Act 1991 imposes even further unreasonable ‘burdens’ on local authorities, requiring them to tell other bodies when they are digging up our roads to prevent unfortunate digger collisions.
Then there are The People: Vulnerable children have to be taken into care and looked after under the Children Act, Section 33. Local authorities currently have to participate in multi-agency domestic homicide reviews, with a view to preventing further violence and deaths under the Domestic Violence, Crime and Victims Act 2004. Those unfortunate enough to be dead in unusual circumstances have to be provided with a mortuary under the Public Health Act 1936. All clearly dispensable red tape.
What about the operation of councils themselves? At present councils have to respond to reports from Overview and Scrutiny Committees under the Local Government Act 2000 and consult and co-operate (heaven forbid!) with other local public sector bodies under the Local Government and Public Involvement in Health Act 2007. They also are required to respond to public enquiries under the Freedom of Information Act.
Beginning to feel that it might be a good idea to get rid of some of this stuff? If the threat to the Zoo Licensing Act 1981 which ensures the public safe visits and animals high welfare standards isn’t enough to finally convince you of the dangers in this red tape review, then visit the CLG website and take a look at the other 1,200-odd provisions which give councils a purpose and a place in our moral and social order.
The Coalition’s game is clear. De-regulate and burn! Snip that red tape to smithereens! ‘Efficiencies’ and privatisation will be all the easier without the annoyance of the law and statutory instruments. Still, David Cameron will be forever known as the prime minister who wanted his people to eat mouldy sausages and stale meat pies! And watch out for the date on that Easter egg next year.....
Heather Wakefield is head of local government at Unison
