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In addition, the Secretary of State has decided under the 2007 Act to request the Boundary Committee of the Electoral Commission to advise on Norwich City Council’s proposal. She judges that there is not a reasonable likelihood of that proposal, based on the city’s current boundaries, if implemented, achieving all the outcomes specified by the five criteria.
In relation to the unitary proposals from Exeter City Council and Ipswich Borough Council, having regard to the additional material received since July, we judge that these proposals are not reasonably likely to achieve the outcomes specified by the affordability criterion. Accordingly, the Secretary of State’s judgment now is that there is not a reasonable likelihood of them, if implemented, achieving the outcomes specified by all the five criteria. We believe, having regard to the circumstances of Exeter and Ipswich, and the strengths of their proposals in other respects, that there could be alternative unitary proposals covering the whole or part of their wider county area which would achieve those outcomes.
The Secretary of State has thus decided under the 2007 Act to request the Boundary Committee to advise on the Exeter City Council and Ipswich Borough Council unitary proposals, along with Norwich City Council’s proposal. She intends to specify in her request that the matters on which the committee’s advice is sought include whether for the areas affected by these proposals—in each case the city or borough area and the remaining county area—there could be alternative unitary solutions, involving boundary changes, that would meet the five criteria set out in the original invitation.
Under the terms of the Act, it is open to the Boundary Committee, if it sees fit, to make alternative proposals that cross existing county boundaries. We intend our guidance under the 2007 Act to highlight the possibility of the committee making alternative proposals, which may cross the existing Norfolk/Suffolk county boundary or involve changes to the boundaries of the existing Devon unitaries—Plymouth City and Torbay Borough.
Under the Act the Boundary Committee may, in respect of unitary proposals referred to it, recommend that they are implemented or not, or make alternative unitary proposals which may cover a wider area. If it considers it appropriate to submit
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In the case of the unitary proposals from Bedford Borough Council and Bedfordshire County Council, I explained to the House on 19 November that the Secretary of State was minded to implement the borough council’s proposal and that she had invited the other councils in Bedfordshire by 17 December to make a proposal for future unitary local government structures in the remainder of the county area. Once we have received and, following any appropriate consultation, assessed any responses to this further invitation, we intend to take our statutory decisions about unitary proposals for Bedfordshire. Meanwhile, on the basis of the information currently available to her, the Secretary of State remains minded to implement Bedford Borough Council’s proposal.
In the case of the unitary proposals for Cheshire, these involve particularly complex issues. There are alternative proposals for the whole area concerned which, in July as I confirmed to the House, we judged reasonably likely to achieve the outcomes specified in the five criteria. We have received a very large volume of detailed information and representations about these proposals since July. We are still considering this material, and may need to seek further clarification on certain matters including from those who have submitted the material. Accordingly, we are deferring today any decisions about these proposals, and intend to make those decisions as soon as we can.
To give effect to our decisions to implement unitary proposals, we intend shortly to lay before the House draft orders under the 2007 Act. Subject to both Houses approving the drafts, we will make the orders as soon as practicable which will provide for the establishment of new unitary local government from 1 April 2009 in the areas concerned, and for key transitional arrangements, including first elections to the new unitary councils. Following consultation with each area’s existing councils, our intention is for May 2008 elections in Durham and Northumberland, and May 2009 elections in Cornwall, Shropshire, and Wiltshire. We expect the Electoral Commission to have put in place new electoral divisions or wards prior to any 2009 elections.
We also intend, following further consultation with councils and other stakeholders, including the trade unions, to make regulations under the 2007 Act making further provision about transitional arrangements, including arrangements for staff, the transfer of assets and liabilities, and finance.
We are committed to applying the principles of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Our intention is that all the protections that would apply under the TUPE regulations will apply, together with all that the regulations imply in relation to procedure, as if TUPE legally applied. Our aim, therefore, is that employees’ terms and conditions in the new unitary council will be no less favourable than those which would apply under their existing
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We expect that the appointment of the new unitary councils’ chief executives will be by open competition. We also expect all the new unitary councils to approach their senior appointments on the basis of creating a fresh senior management team fit to lead the new council in its new role.
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Overall, through the implementation orders and proposed regulations, we intend to create a clear and robust framework for implementation. Within that framework in each area concerned it is now for all the councils—their members and employees—to work constructively and imaginatively together to deliver a new unitary council that will achieve its full potential for local residents. Local people will rightly expect nothing less than its successful delivery. This is the task now for local government.
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