Public Involvement in Delivery of Local Services

Orders of the Day — Local Government Bill [Lords] – in the House of Commons at 8:15 pm on 25 February 1992.

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  1. '.—(1) The Audit Commission and the Scottish Accounts Commission shall, before issuing directions under this Part, have regard to the need for involving the public in setting and monitoring standards of performance.
  2. (2) The Secretary of State, in making any order under this Part relating to competitive tendering, shall ensure that any directions contained in the Order shall take into account the importance of involving the public in any decision making.'. —[Mr. Bellotli]

Brought up, and read the First time.

Photo of Mr David Bellotti Mr David Bellotti , Eastbourne 8:45, 25 February 1992

I beg to move, That the Clause be read a Second time.

The new clause goes to the crux of local service provision. It is really a question of whether we believe that central Government should direct local services, or whether we should now take the opportunity of putting local people—the local electorate—back in charge of those services.

In a sense, this is about whether the people should be the final arbiter in regard to how services are delivered and monitored. In our view, it is not for a commission or for the Secretary of State to dictate to local authorities how their services should be delivered. Of course, both the commission and the Secretary of State will have important roles in providing advice, information and guidelines on good practice, but neither should be the final arbiter.

The commission could have a role in encouraging the development of a new form of local government structure. The Secretary of State can encourage local authorities to go for competitive tendering to obtain quality at an affordable cost. There are advantages, however, in making the people the final arbiter again—in ensuring that the public not only understand the services that are provided, but are consulted fully about their quality.

Many local authorities already test public opinion about the delivery of services in their area. Richmond council, for example, regularly runs surveys to determine whether local people consider the quality of service important. Recently, Tower Hamlets council conducted a referendum on what the local poll tax level should be. It received a 28 per cent. return of questionnaires, and 45 per cent. of respondents opted for the highest of four offered poll tax levels—which showed, I think, that local people wanted a high-quality service and were prepared to pay for it, but it also showed that they were prepared to enter into a dialogue with the local authority about what they thought of the services provided. I might add that the survey was carried out at mininum cost and has provided the council with useful information.

The choice is this: should there be central guidelines and blueprints, or should local people be left to enjoy services and then comment on them in a way which could lead to improvements? The question whether the Secretary of State should have power to dictate to councils about compulsory competitive tendering is at the core of the current arrangements, but I propose to change that by putting the people back in power. If a local authority and the public are satisfied with the cost and quality of an in-house service, why should the local authority be forced to put that service out to the private sector? If local people are happy and are prepared to pay, central Government should not interfere.

It is also important that, if a tender is undertaken, some customer reaction is obtained. After all, anyone can put a service out to tender at the lowest possible cost, but no one may be pleased with the way in which the service is delivered. According to recent statistics, 28 per cent. of people in the Dorset county council area are unhappy with the services delivered by that council. If more than one in four people who live in the Dorset county council area are unhappy with the services delivered, it says something about those services. Changes ought to be made.

The new clause is about turning the Bill into one which puts local people back in charge. I hope that I have said enough to enable the Minister to tell me why he wants central Government to be put in the driving seat and why he does not intend to allow local people to take decisions which affect their local communities.

Photo of Mr Michael Portillo Mr Michael Portillo , Enfield, Southgate

I shall try to emulate the commendable brevity of the hon. Member for Eastbourne (Mr. Bellotti). However, the way that he has drafted new Clause 10 shows that he has misunderstood the Government's intentions. The first part of it calls upon the Audit Commission and the Scottish Accounts Commission to have regard to the need, before issuing directions, to involve the public in setting and monitoring standards of performance. However, we do not propose that the Audit Commission and the Scottish Accounts Commission shall set standards. What we are asking them to do is to provide objective measurements by which all local authorities can measure the standards that they have set and the service that they are providing to the electors.

It is absolutely central to our proposals that the public will be able to make judgments as to whether they are satisfied with the services that their local authorities are providing for them. Their local authorities will account to them for the standards of service that they are delivering, measured objectively. They will use measurements that are common to all other local authorities. It will be possible, therefore, for people to make comparisons between what the local authority promised and what it has delivered, and also between what one local authority delivers and what another local authority delivers. It will all be measured in exactly the same terms. The first part of new clause 10 shows that the hon. Gentleman has misunderstood our intentions. What we intend puts the public very much in the driving seat. It provides the public with the information, objectively derived, that they need in order to be able to judge their council.

The second part of the proposal in new clause 10 once again shows that the hon. Gentleman has misunderstood the position. In setting out the specification for anything that is to be the subject of competitive tendering, it is for the local authority to determine for itself the standard at which it wishes its services to be delivered. The local authority should be concerned if subsequently it finds that people are not satisfied with the services delivered. That could only be for one of two reasons: either the specification was wrong, in terms of what local people expected, or the tenderer had under-performed against the specification. If the tenderer has under-performed against the specification, because he is working under contract to the local authority it has redress against the contractor —a redress that it would not normally have against a directly employed labour force operating outside the competitive tendering process.

I have no quarrel with the hon. Gentleman that local people should be able democratically to deliver their judgment about the standard of service that the local authority delivers, whether or not it be a service for which there has been competitive tendering. However, local authorities will have a greater opportunity both to set the specification and to call a contractor to book where the compulsory competitive tendering process has been gone through than would otherwise be the case.

Photo of Mr David Bellotti Mr David Bellotti , Eastbourne

We debated this subject fairly fully in Committee, when I put forward a range of opportunities by means of which local authorities could consult people and identify customer care. Having listened to the Minister's reply, I do not think that he has moved any further forward since the Committee debate. It is a little late to suggest that a local authority will have redress if a contract is not fulfilled. At the point of redress, local people will have lost the service that they were supposedly going to get. It will be a little late for the local authority to reinstate services that the tenderer failed to deliver.

Before a local authority considers awarding another contract to a private tenderer who was awarded a contract for which there ought to be redress and under which the contract has not been delivered to the standard required, it ought to think carefully about what it is doing The contractor will have clearly demonstrated that he is unable to deliver a service to a certain level of quality. That argument was put forward throughout the whole of the Committee proceedings. It was clear there that cost is the Government's first concern and that quality comes second. In my view, quality is as important as cost. I would not consider awarding anybody a contract if that person had not fulfilled a previous contract to the necessary level of quality.

For those reasons, it appears that the Minister has not moved any further forward since Committee. I believe that the Government are not putting people and quality of service first but are following a cost-led policy. I therefore intend to press the new Clause to a Division.

Question put, That the clause be read a Second time:—

The House divided: Ayes 119, Noes 241.

Division No. 96][8.56 pm
AYES
Adams, Mrs Irene (Paisley, N.)Hughes, Roy (Newport E)
Allen, GrahamIllsley, Eric
Archer, Rt Hon PeterJones, Martyn (Clwyd S W)
Ashley, Rt Hon JackKennedy, Charles
Ashton, JoeKumar, Dr. Ashok
Barnes, Harry (Derbyshire NE)Lamond, James
Barnes, Mrs Rosie (Greenwich)Leadbitter, Ted
Barron, KevinLewis, Terry
Beckett, MargaretLofthouse, Geoffrey
Bellotti, DavidLoyden, Eddie
Benn, Rt Hon TonyMcAllion, John
Bennett, A. F. (D'nt'n & R'dish)McAvoy, Thomas
Benton, JosephMcCartney, Ian
Bermingham, GeraldMcLeish, Henry
Bidwell, SydneyMcNamara, Kevin
Blunkett, DavidMadden, Max
Boyes, RolandMarshall, Jim (Leicester S)
Bradley, KeithMartin, Michael J. (Springburn)
Bray, Dr JeremyMartlew, Eric
Caborn, RichardMeacher, Michael
Callaghan, JimMeale, Alan
Campbell, Menzies (Fife NE)Michie, Mrs Ray (Arg'l & Bute)
Campbell, Ron (Blyth Valley)Morgan, Rhodri
Canavan, DennisMorley, Elliot
Carr, MichaelMorris, Rt Hon A. (W'shawe)
Cartwright, JohnMorris, Rt Hon J. (Aberavon)
Clarke, Tom (Monklands W)Mullin, Chris
Cohen, HarryOakes, Rt Hon Gordon
Cook, Frank (Stockton N)O'Brien, William
Cryer, BobO'Hara, Edward
Darling, AlistairPatchett, Terry
Dixon, DonPrescott, John
Dunnachie, JimmyPrimarolo, Dawn
Eadie, AlexanderRadice, Giles
Edwards, HuwRandall, Stuart
Fatchett, DerekRooney, Terence
Faulds, AndrewSedgemore, Brian
Fearn, RonaldSheldon, Rt Hon Robert
Flannery, MartinShore, Rt Hon Peter
Flynn, PaulShort, Clare
Foot, Rt Hon MichaelSkinner, Dennis
Foulkes, GeorgeSmith, Andrew (Oxford E)
Fraser, JohnSmith, Rt Hon J. (Monk'ds E)
Fyfe, MariaSmith, J. P. (Vale of Glam)
Garrett, Ted (Wallsend)Spearing, Nigel
Godman, Dr Norman A.Steel, Rt Hon Sir David
Golding, Mrs LlinSteinberg, Gerry
Gould, BryanStephen, Nicol
Grocott, BruceStott, Roger
Hardy, PeterStrang, Gavin
Harman, Ms HarrietTaylor, Matthew (Truro)
Haynes, FrankTurner, Dennis
Hogg, N. (C'nauld & Kilsyth)Vaz, Keith
Home Robertson, JohnWalley, Joan
Hood, JimmyWatson, Mike (Glasgow, C)
Howarth, George (Knowsley N)Winnick, David
Howell, Rt Hon D. (S'heath)Wray, Jimmy
Howells, Geraint
Howells, Dr. Kim (Pontypridd)Tellers for the Ayes:
Hoyle, DougMr. Arcby Kirkwood and
Hughes, John (Coventry NE)Mr. James Wallace.
Hughes, Robert (Aberdeen N)
NOES
Aitken, JonathanBendall, Vivian
Alison, Rt Hon MichaelBennett, Nicholas (Pembroke)
Amery, Rt Hon JulianBenyon, W.
Amess, DavidBevan, David Gilroy
Amos, AlanBiffen, Rt Hon John
Arbuthnot, JamesBlackburn, Dr John G.
Arnold, Jacques (Gravesham)Blaker, Rt Hon Sir Peter
Aspinwall, JackBody, Sir Richard
Atkinson, DavidBonsor, Sir Nicholas
Baker, Nicholas (Dorset N)Boscawen, Hon Robert
Baldry, TonyBoswell, Tim
Batiste, SpencerBottomley, Peter
Beaumont-Dark, AnthonyBowden, A. (Brighton K'pto'n)
Bellingham, HenryBowden, Gerald (Dulwich)
Boyson, Rt Hon Dr Sir RhodesHowarth, G. (Cannock & B'wd)
Braine, Rt Hon Sir BernardHowell, Ralph (North Norfolk)
Brandon-Bravo, MartinHughes, Robert G. (Harrow W)
Brazier, JulianHunt, Sir John (Ravensbourne)
Bright, GrahamHunter, Andrew
Brown, Michael (Brigg & Cl't's)Irvine, Michael
Browne, John (Winchester)Jack, Michael
Buck, Sir AntonyJackson, Robert
Burns, SimonJessel, Toby
Butcher, JohnJohnson Smith, Sir Geoffrey
Carlisle, John, (Luton N)Jones, Gwilym (Cardiff N)
Carlisle, Kenneth (Lincoln)Jopling, Rt Hon Michael
Carrington, MatthewKellett-Bowman, Dame Elaine
Carttiss, MichaelKey, Robert
Cash, WilliamKilfedder, James
Channon, Rt Hon PaulKing, Roger (B'ham N'thfield)
Chapman, SydneyKirkhope, Timothy
Chope, ChristopherKnapman, Roger
Clark, Rt Hon Sir WilliamKnight, Greg (Derby North)
Coombs, Anthony (Wyre F'rest)Knight, Dame Jill (Edgbaston)
Cope, Rt Hon Sir JohnKnox, David
Cormack, PatrickLang, Rt Hon Ian
Couchman, JamesLawrence, Ivan
Davies, Q. (Stamfd & Spald'g)Lee, John (Pendle)
Davis, David (Boothferry)Lennox-Boyd, Hon Mark
Day, StephenLilley, Rt Hon Peter
Devlin, TimLloyd, Sir Ian (Havant)
Dicks, TerryLloyd, Peter (Fareham)
Douglas-Hamilton, Lord JamesLofthouse, Geoffrey
Dover, DenLord, Michael
Dunn, BobLuce, Rt Hon Sir Richard
Durant, Sir AnthonyLyell, Rt Hon Sir Nicholas
Dykes, HughMcCrindle, Sir Robert
Eggar, TimMcNair-Wilson, Sir Michael
Evans, David (Welwyn Hatf'd)McNair-Wilson, Sir Patrick
Evennett, DavidMans, Keith
Fallon, MichaelMaples, John
Farr, Sir JohnMarshall, John (Hendon S)
Fenner, Dame PeggyMartin, David (Portsmouth S)
Field, Barry (Isle of Wight)Maude, Hon Francis
Finsberg, Sir GeoffreyMawhinney, Dr Brian
Fishburn, John DudleyMayhew, Rt Hon Sir Patrick
Fookes, Dame JanetMitchell, Andrew (Gedling)
Forman, NigelMitchell, Sir David
Forth, EricMoate, Roger
Fowler, Rt Hon Sir NormanMonro, Sir Hector
Fox, Sir MarcusMoore, Rt Hon John
Freeman, RogerMorrison, Sir Charles
French, DouglasMoss, Malcolm
Fry, PeterMudd, David
Gale, RogerNeale, Sir Gerrard
Gardiner, Sir GeorgeNelson, Anthony
Gill, ChristopherNeubert, Sir Michael
Glyn, Dr Sir AlanNicholls, Patrick
Goodlad, Rt Hon AlastairNicholson, Emma (Devon West)
Goodson-Wickes, Dr CharlesNorris, Steve
Grant, Sir Anthony (CambsSW)Onslow, Rt Hon Cranley
Greenway, Harry (Ealing N)Page, Richard
Greenway, John (Ryedale)Paice, James
Gregory, ConalPatten, Rt Hon Chris (Bath)
Griffiths, Sir Eldon (Bury St E')Pawsey, James
Griffiths, Peter (Portsmouth N)Peacock, Mrs Elizabeth
Grist, IanPorter, Barry (Wirral S)
Hague, WilliamPorter, David (Waveney)
Hamilton, Rt Hon ArchiePortillo, Michael
Hamilton, Neil (Tatton)Powell, William (Corby)
Hampson, Dr KeithPrice, Sir David
Hannam, Sir JohnRaison, Rt Hon Sir Timothy
Hargreaves, A. (B'ham H'll Gr')Rathbone, Tim
Harris, DavidRiddick, Graham
Hawkins, ChristopherRidsdale, Sir Julian
Hayhoe, Rt Hon Sir BarneyRoberts, Rt Hon Sir Wyn
Heathcoat-Amory, DavidRoe, Mrs Marion
Heseltine, Rt Hon MichaelRost, Peter
Higgins, Rt Hon Terence L.Rowe, Andrew
Hill, JamesSackville, Hon Tom
Hind, KennethSainsbury, Rt Hon Tim
Hogg, Hon Douglas (Gr'th'm)Sayeed, Jonathan
Hordern, Sir PeterScott, Rt Hon Nicholas
Howarth, Alan (Strat'd-on-A)Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)Thurnham, Peter
Shaw, Sir Michael (Scarb')Tracey, Richard
Shelton, Sir WilliamTredinnick, David
Shepherd, Colin (Hereford)Trippier, David
Shersby, MichaelTrotter, Neville
Skeet, Sir TrevorTwinn, Dr Ian
Smith, Sir Dudley (Warwick)Vaughan, Sir Gerard
Smith, Tim (Beaconsfield)Walden, George
Soames, Hon NicholasWalker, Bill (T'side North)
Speller, TonyWaller, Gary
Spicer, Sir Jim (Dorset W)Walters, Sir Dennis
Spicer, Michael (S Worcs)Wardle, Charles (Bexhill)
Stanbrook, IvorWatts, John
Stanley, Rt Hon Sir JohnWells, Bowen
Stern, MichaelWheeler, Sir John
Stevens, LewisWhitney, Ray
Stewart, Allan (Eastwood)Widdecombe, Ann
Stewart, Andy (Sherwood)Wilkinson, John
Stewart, Rt Hon Sir IanWilshire, David
Stokes, Sir JohnWinterton, Mrs Ann
Sumberg, DavidWolfson, Mark
Summerson, HugoWood, Timothy
Tapsell, Sir PeterWoodcock, Dr. Mike
Taylor, Ian (Esher)Young, Sir George (Acton)
Taylor, Sir Teddy
Tebbit, Rt Hon NormanTellers for the Noes:
Temple-Morris, PeterMr. John M. Taylor and
Thompson, Patrick (Norwich N)Mr. Irvine Patnick.
Thornton, Malcolm

Question accordingly negatived.

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clause

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The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.

division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.