Local Authorities (Overview and Scrutiny) Bill is gone… but not forgotten

Last updated:01 April 2010

Although the Local Authorities (Overview and Scrutiny) Bill attracted substantial cross-party support and eased through the committee and report stages it has, rather annoyingly, died.

The Bill, which was first put forward by David Chaytor MP before being taken up by CfPS Chair Nick Raynsford MP, was filibustered with MPs continuing debate right up to the report stage deadline. Despite effectively concluding report stage a third reading never looked likely. It would have depended on the Government placing it on the agenda of a non-private member day with the agreement of a Minister. As this didn’t happen (not surprising given time restraints in the run up to dissolution), the Bill has been abandoned for this Parliament.

The failure of the Bill will be a disappointment to most advocates of the scrutiny function. Stemming from the Strengthening Local Democracy consultation, it included provisions that would have significantly strengthened the hand of scrutiny and secured its position in a climate where resources are under threat. An expansion of the list of local service delivery organisations that are required to provide information to scrutiny and respond to its recommendations would have been welcome. With the advent of Total Place and a general consensus for moving towards an outcome based, locally focused model of governance, scrutiny would have been even better placed for the future had the Bill become an Act.

In addition, section 9 of the Bill would have tackled the crucial issue of resourcing. By stating that the authority must provide staff, accommodation and other resources as are, in the statutory scrutiny officer’s opinion, sufficient, the Bill would have ensured that scrutiny did not fall victim to “efficiency savings” as local authorities look to save money through the economic downturn.

But its not all doom and gloom where the Bill is concerned as despite the setback there are reasons to be positive. Conversations are already being had about how the Bill might be resurrected by the next Government with the suggestion that it might start in the House of Lords gaining some traction. Furthermore, a revived Bill may be one that addresses some of the imperfections of its predecessor. Although amendments were made removing the provision for executive members of the authority to participate as full scrutiny committee members in “external” reviews, the omission of districts from new powers was disappointing. We will continue to make the case for their inclusion. We also hope to see a coherent framework in the Bill for defining local partners subject to scrutiny powers as the reliance on regulation to set out such a list was seen as a weakness.

We will continue to push for a revival of the Bill and we will of course provide updates on any developments The Local Authorities (Overview and Scrutiny) Bill is gone… but not forgotten.