Across England, a new and expanding tier of local decision making is gaining new powers and responsibilities, but recent government plans to expand the powers of the West Midlands Combined Authority have hit the buffers.
The government’s plans for devolution in the region took a step backwards this week. The High Court has blocked plans to merge the powers of the Police & Crime Commissioner into the West Midlands Combined Authority Mayoral role. The court ruled that a lack of genuine consultation meant the decision was unlawful.
In both Manchester and London, the mayor holds policing powers. Those in favour of a merger argue that greater accountability, co-ordination, and cost savings will all stem from a single person holding mayoral and policing powers. Consistent low turnouts at Police and Crime Commissioner elections, provide further evidence that the public have little interest or enthusiasm for the position. The West Midlands holds the record for lowest turnout in a regional election anywhere in the UK with just 10.4% of the population voting in the Police & Crime Commissioner by-election held in August 2014.
There is therefore a case that the powers should be held by the much higher profile mayors. However, in the West Midlands the government has once again tripped over its own feet in attempting to out manoeuvre the opposition Labour Party. Opponents of the change argue that it is a power grab by the incumbent Conservative Mayor Andy Street at the expense of the current Labour PCC Simon Foster. They also worry, perhaps with some justification, that it means the mayor will lose focus on the transport and housing agendas both of which are critical to economic growth in the region.
This latest setback shows that the path to greater devolved government is not straight forward, and that government must take a more structured and engaged approach if it seeks to change the existing arrangements. Whatever the government may say, these decisions are deeply political and therefore need some degree of popular support to mitigate against the risk posed by activist localised opposition.
The fact the government can struggle to get its will enacted as a result of legal challenge, shows that even they must follow process and that includes taking proper consideration of the public’s view. The court’s decision emphasised the need for the government to properly consider the views of the public but also provide sufficient information for them to form a view. The court also found that the consultation took place after the Secretary of State had already decided how he wished to proceed.
We at Cavendish can advise public bodies on best practice and how to take account of the Gunning Principals when consulting on changes that effect communities.
You can read more insight from Cavendish in our devolution guide or simply get in touch with our Midlands Team
