Localism Bill becomes law

Last week, the Localism Bill was passed into law. I was glad to support its passage.  Through 13 years of New Labour, we witnessed continual moves towards centralised planning and micro-managing of our everyday lives. This new law will see central government interference cut and give power back to citizens, community groups and local councils.

To accompany the Act, the Government have helpfully updated the ‘plain English guide’ that was produced to accompany the Bill. You can read it here.

For councils this will mean: 

  • Clarification of the rules on predetermination in order to free up councillors to express their opinions on issues of local importance without the fear of legal challenge;
  • Abolition of Labour’s discredited Standards Board regime;
  • Greater control over business rates.  Councils will have the power to offer local business rate discounts, which could help attract firms, investment and jobs;
  • Cancellation of Labour’s unfair ‘ports tax’, which threatened to cripple key businesses, it simplifies the process for claiming small business rate relief to help small shops and small firms; and
  • New planning enforcement rules, giving councils the ability to take action against people who deliberately conceal unauthorised development.

For local communities it will grant:

  • The Right to Bid to run local services;
  • The Right to Challenge by putting forward ideas to help their community;
  • The Right to Veto excess council tax rises;
  • The opportunity to draw up Neighbourhood plans;

However, there are caveats. I am an advocate of local referenda so I was disappointed to see that the Lords removed the flagship ‘local referendum’ provision from the Bill. That would have allowed voters to launch local referenda on local issues. Referenda do remain for council tax, right-to-build and neighborhood planning, but I know this will be a disappointment to some people in Wycombe.

Neighbourhood plans must, understandably, work inside some limits. If major infrastructure is decided upon at a national level, such as this benighted high-speed rail line, or if a strategic local plan calls for a certain number of homes to be built, then the Localism Act has safeguards to ensure neighbourhood plans do not override these wider ranging policies. Again, this will be a disappointment.

Nevertheless, I hope that the Localism Act will live up to its initial goal of radically decentralising power and fostering an environment where communities will have a greater say in their local area. We will see…

On the EU, social thinking and local democracy

The People’s Pledge offered me the chance to supply a guest blog post, in which I argue that the EU should be abolished:

I detested the European Constitution. It was palpably statist and bound to produce an unaccountable bureaucracy. It was everything Hayek warned us about in The Road to Serfdom and against which Popper railed in The Open Society and its Enemies: a little elite was to steer our lives by widespread intervention – for our own good you understand – largely free of democratic control. The idea stretches back at least to Plato and it has fathered humanity’s most lamentable episodes.

For The Cobden Centre, I set out how The Catholic church in the UK has come a long way from Salamanca, the birthplace of economic theory:

The various doctrines of statism have failed. For those of us who wish to live in an ethical society which benefits all its members, it is time to rediscover that moral tradition of social thinking which began formally in Salamanca. It is time to refine and apply the doctrine of justice, peace, prosperity and fulfilment which is humble about the uses of coercive power and optimistic about the potential of individuals cooperating in society.

And the Bucks Free Press, reports my comments on uncontested District Council seats:

“Conservatives are standing in every seat but some people will be disappointed where there is no choice.”

The House of Commons backbencher said: “There is a real problem however.

“Most political campaigning today is single issue, so we know people do care passionately, but too few people are prepared to make a difference by joining a party and standing for election.

“In the end, all single issues have to be dealt with in the context of all the others and that means we need political ideas, consistent approaches and people prepared to stand for election on a platform.”

Follow the links for the full articles.

I wonder what the weather is like on Planet EU?

Via Open Europe:

The European Commission will next week propose that the budget for the European Union in 2012 should be increased from its current level.

The proposal will set in train a prolonged period of wrangling between the Council of Ministers and the European Parliament, over both the total level of spending and the allocation of the budget to specific policy areas.

As ever, our EU overlords appear to be on a different and quite remote planet. You can read more here.  I made a related speech on the EU Budget which you can find here.

A binding in/out referendum is long overdue but, in the meantime, thanks to the LibDems, who let us down over Lisbon, we now have to ask the public whether they want AV. Hardly the key deficiency in our constitution, is it?

Tightening the EU Bill

During the debate on the EU Bill in committee, David Lidington was kind enough to acknowledge my contribution among a group of MPs who have helped tighten the conditions around the establishment of a European Public Prosecutor:

We have decided to single out the European public prosecutor because that was a clear and explicit commitment in the coalition agreement and the coalition programme. The agreement stated:

    “Britain will not participate in the establishment of any European Public Prosecutor.”

In accordance with that policy, we are putting a referendum lock on a decision by any future British Government to join the European public prosecutor and a further lock on the UK taking part in any expansion of that prosecutor’s powers.

I am grateful to my hon. Friends the Members for Daventry (Chris Heaton-Harris), for Wycombe (Steve Baker), for Cleethorpes (Martin Vickers), for Bury North (Mr Nuttall) and for Crawley (Henry Smith) for noticing a potential gap in the drafting of the Bill. As drafted, clause 6(4)(c) and (d) might not automatically trigger a referendum in the event that the UK chose to participate in the European public prosecutor after it had already been established. That is because the measure under the United Kingdom’s protocol on the area of freedom, security and justice, which would be used to allow us to take part in the European public prosecutor’s office or in an expansion of the office’s powers in those circumstances, does not have to cite the legal base of article 86 of the treaty on the functioning of the European Union.

Government amendments 57 and 58 respond to the concerns identified and expressed by my hon. Friends in their amendment in order to close that potential loophole. We did not intend to leave any doubt about the matter and, being keen to make that correction, I therefore urge the Committee to approve those Government amendments. These would ensure that a referendum would be required in all cases before the United Kingdom could join the European public prosecutor’s office or an extension of its powers, whether the decision was taken before or after the prosecutor had been set up, or before or after the powers had been extended.

Read the rest of the debate here: House of Commons Hansard Debates for 25 Jan 2011 (pt 0001).

The EU Bill in committee vs human flourishing

We seem to be spending an excessive amount of time debating Labour’s rather tedious amendment to the EU Bill (Clause 1, Amendment 85). It would introduce a European Union Referendum Committee.

I should think it will be safely defeated but it is a pity that we will not reach Peter Bone’s amendment to require an in/out referendum after a referendum result refusing a transfer of powers to the EU. At least, it seems we will not reach it today…

Stepping back, three things are required in relation to our present constitutional settlement:

  • To decide whether we wish to live in a failing social democracy without democratic legitimacy,
  • To create a positive alternative vision for the UK and Europe,
  • To express a preference in a referendum of the British people.

What matters is the promotion of human flourishing: to that end, I recommend the Legatum Institute’s Prosperity Index. It’s my view that the EU is not on a trajectory to maintaining the European nations’ position in that index.

We should change course and the sooner the better. The present Bill is a start, but only a beginning. While I would like to see all Europe change course, there is only so much the UK can do: it’s time for an in/out EU referendum.

Comment Central – Times Online – WBLG: What the Conservatives should do about Europe

I am constantly amazed by the equivocation of people who really should understand the importance of being able to dismiss a government at the ballot box.

I love Europe. I want deeper, freer relations among European people — all people for that matter — but I am not prepared to surrender democratic control of power in order to install a government which plans to force what could happen naturally. And yet here is Daniel Finkelstein’s view:

Second, they risk looking unreasonable and obsessive about Europe. While resisting the treaty before ratification was completely correct, resisting it after ratification risks Cameron’s image as a moderate person, fit to govern, someone who gets things in proportion.

Read more at Comment Central – Times Online – WBLG: What the Conservatives should do about Europe.

At this point, all we can do is hope that either the Irish vote no or that the Cameron team has a good answer up its sleeve. Otherwise, we may find ourselves locked into a failed and failing superstate.

CentreRight: One hundred reasons why Ireland should say ‘no’ (again) to Lisbon

Via CentreRight: One hundred reasons why Ireland should say ‘no’ (again) to Lisbon:

Jim McConalogue, Editor of The European Journal and occasionally of this parish, has listed one hundred reasons why Ireland should again reject Lisbon. It was disclosed at the weekend that Ryanair are helping to bankroll the ‘Yes campaign’ which current opinion polling suggests is on course for victory.

Read more here, and if you have not done so, it is well worth watching Daniel Hannan’s speech to the Conservative Party Conference last year here.

It is indeed an incredible thing that ostensible advocates of democracy are prepared to support the Lisbon Treaty. Ladies and gentlemen, the EU will be what is laid down in its Constitution, and that is a state whose ultimate and active originators of law cannot be dismissed at the ballot box.

As Karl Popper said:

You can choose whatever name you like for the two types of government. I personally call the type of government which can be removed without violence “democracy”, and the other “tyranny”.