Democratic renewal

Exploring corruption risks in local government planning decisions

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Teddy Marks, Transparency International UK

Anyone who’s lived near or been involved in a major planning application knows they are a magnet for controversy and tension. This is exactly why the decision to grant or reject permission is given to local representatives – to ensure there is some form of accountability. Yet recent examples have shown how planning decisions can go wrong. Even without the existence of wrongdoing, the perceptions of impropriety can undermine millions, if not billions, of pounds of investment in new homes.

A new report from Transparency International UK, Permission Accomplished, sought to find out why these scandals have happened and how lessons can be learnt. To do this we began by reviewing 13 major cases where alleged or proven impropriety by councillors had affected planning decisions across England. From this, we identified three key areas of risk and how local authorities could mitigate them. Most of the proposals are based on existing recommendations from the Local Government Association (LGA) and the Committee on Standards and Public Life (CSPL).

To see how local authorities were applying these in practice, we looked at the policies and procedures of 50 councils (representing 15 per cent of English planning authorities) and scored them against our recommended good practice standards. To make sure we were being fair and consistent, we developed a scoring matrix from 100 (meets good practice) to 0 (poor), and invited councils to comment on their draft findings and methodology. We also subjected the results to robust internal review and a standardisation process to ensure we assessed all councils equally.

Worryingly, not one council scored higher than 55, and the average score was 38 out of 100. Clearly, local authorities have a lot of room for improvement.

So what are the main corruption risks facing councillors in planning decisions, and how have well have councils addressed them? I’ve provided some highlights below.

 

Councillors’ engaging external stakeholders

Putting forward one’s view is not in and of itself a bad thing, and is an important part of the planning process. But lobbying behind closed doors and providing excessive gifts and hospitality to decision makers are real red flags. At best, this can present the view of councillors in hock with wealthy developers. At worst, they can suggest complicity in criminal conduct.

Both Transparency International UK and the LGA propose local authorities require all meetings between councillors and developers (and their representatives) for major developments to be minuted and available for public inspection. Yet just 44 per cent of councils in our sample required this, and only 12 per cent explicitly stated that they be published. We also both recommend there should be an official present in these meetings, but only 30 per cent do this.

As for gifts and hospitality, councillors must be prohibited from accepting any that risk undermining the integrity of the planning process. Only 26 per cent in our sample had any such ban.

 

Managing conflicts of interest

Conflicts of interest occur where a holder of public office is confronted with choosing between the duties and demands of their position, and their private interests. Councillors are elected to serve the public, but some companies employ existing and former councillors to help them get planning consent. When councillors are employed to do so whilst still in public office, it can create a direct tension between their civic duties and private interests.

In a brief search, we found 72 existing councillors across 50 local authorities who are, or used to be, employed by companies working in the housing and/or planning industry whilst they were holding public office. Currently, 32 of these councillors across 24 councils hold critical decision-making positions; for example, as members of a planning committee.

Although some councils stopped councillors from acting as agents, not one had explicitly prohibited them from lobbying on behalf of paying clients or providing paid advice on how to influence councils.

 

Regulating councillors’ conduct

Weak oversight, especially when combined with poor codes of conduct and decisions with lots of money at stake, almost encourages misconduct. Yet local authorities do not have the legal right to suspend or disqualify councillors for serious breaches of the councils’ codes – a robust measure recommended by the Committee on Standards in Public Life (CSPL) and available to councils in other parts of the UK.

Additionally, while the majority of councils in our sample had proactive standards committees to provide oversight on councillors’ ethical conduct, 22 per cent of local authorities either had inactive standards committees or they didn’t have one at all.

 

Moving forward

Most councillors serve their communities with integrity, but our findings show that the existing system is open to the perception, and also the reality, of abuse. To mitigate these risks and strengthen democracy, we provide ten detailed recommendations in our report, which can be summarised into three key themes:

  • Increase transparency over councillors’ engagement with developers and their representatives to prevent the perception or reality of undue influence.
  • Tighten rules governing the conduct of councillors to protect the planning process from abuse for personal gain.
  • Strengthen oversight over councillors’ conduct to deter behaviour that would bring the integrity of the planning process into question.

 

 

Transparency International is the UK’s leading independent anti-corruption organisation:  https://www.transparency.org.uk/

Teddy Marks, Research Officer

Teddy joined the UK Anti-Corruption Programme in January 2020. His work focuses on corruption risks in planning and housing decisions both at the national and local level. Previously, Teddy interned at Transparency International’s Defence and Security Programme after gaining professional experience in political risk. He holds a Masters in International Relations at the LSE, and a Bachelors in Politics and Quantitative Research Methods at Bristol University.

 

 

 

 

 

Can democratic renewal help us ‘build back better’ from the COVID-19 crisis? Key recommendations from the Newham Democracy and Civic Participation Commission

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Elke Loeffler and Nick Pearce

Newham has seen one of the highest rates of COVID 19 mortality in England and Wales. Being one of the 10% most deprived areas in the UK (according to 2019 deprivation indices) the crisis has exposed wider social and economic inequalities – in health, housing, access to services and income – particularly for the Black and Minority Ethnic population.

At the same time, Newham has also seen a flowering of community support and creativity in response to the crisis. The local council has pioneered new ways of working with the voluntary and community sector. A new COVID-19 Health Champions network has been launched to empower thousands of Newham residents to remain up to date on the latest advice about COVID-19, and a new digital initiative  ‘Newham Unlocked Community Broadcasts’ showcases the creativity of local artists.

Newham is also one of a relatively small number local councils in the UK which have a directly elected Mayor. In 2018 Rohksana Fiaz took over from Sir Robin Wales, after his 23 years in the post, as London’s first directly-elected female mayor. In her election manifesto Fiaz promised to hold a referendum on the direct elected mayoral system before the end of her third year as Mayor (i.e. 2021), although the impact of the COVID-19 pandemic will affect this timeline.

The Democracy and Civic Participation Commission

In this context the Mayor and the Council of Newham set up an independent Commission in autumn 2019 to examine both the Council’s current directly elected Mayor system of governance and the alternative approaches that exist in English local government, and to make recommendations on the best system of governance for Newham’s future, and to explore ways in which local residents can become more engaged and more fully involved in local decision-making and the Council’s work.

The Commission was led by Professor Nick Pearce. Extensive evidence gathering took place between November 2019 and February 2020.

A key concern of the six Commissioners was to make bold recommendations to reduce inequalities in public participation and bring citizen power into the Council to improve public services and the quality of life of local people. The COVID-19 crisis, which occurred during the latter stages of the Commission’s work, gave a dramatic glimpse of the huge potential resources in the community and the willingness of local people to make a contribution to improve the quality of life in their neighbourhood.

The “Newham Model” for more inclusive public participation

The resulting “Newham Model” aims to provide checks-and-balances to the way in which Newham is governed. It provides new participatory governance mechanisms. In particular, the Commission Report proposes the creation of a permanent Citizens’ Assembly, selected like a jury – the first of its kind in England. It suggests strengthening the accountability of the executive Mayor to local people and the main stakeholders of the Council, while also limiting the mandate of the executive Mayor to two terms, so that there is a frequent impulse for innovation and creative thinking at the centre of the Council.

Other key recommendations for strengthening public participation and co-production of public services and outcomes with local people are:

  • Extension of participatory budgeting – an increase in the resources allocated to areas or neighbourhoods for expenditure which is determined by local people from the current level of £25,000. The aim should be to spend a minimum of 20% of the Community Infrastructure Levy (CIL) resources through neighbourhood or area-based participation.
  • A new framework for area-based decision-making – allowing powers to be drawn down to the most local level – along with the piloting of an ‘urban parish council’ in one of Newham’s communities.
  • A new “Mayor’s Office for Data, Discovery and Democracy” to provide expertise and leadership on the democratic use of data, digital tools for resident engagement, and learning from digital champions such as the government of Taiwan.
  • Wider use of co-production with residents and people accessing services, including area regeneration, which means that the local council needs to become much better at mapping what local people are doing, and want to do in the future.
  • Enabling local councillors to play the increasingly important role of ‘community connectors’, mobilising local people and their enthusiasms.
  • Support for an independent, community-owned local media organisation.

The Report of the Commission was launched on 6 July 2020 in a virtual public meeting, with presentations from the Commissioners, followed by responses by the Mayor and Vice-Mayor on behalf of the Council. Newham Council’s cabinet members will formally consider the commission’s report and recommendations at a later meeting.

Clearly, councils need to adapt the ‘Newham Model’ to fit their local circumstances, while simultaneously learning from democratic innovators in the UK and internationally.  Moreover, research institutions such as INLOGOV have an important role in sharing learning on new local governance models to help local government to ‘build back better’ from the COVID-19 crisis.

 

Nick Pearce is Director of The Institute for Policy Research (IPR) and Professor of Public Policy at the University of Bath. He was formerly director of the Institute for Public Policy Research (IPPR), as well as Head of the No 10 Downing St. Policy Unit between 2008 and 2010.

Elke Loeffler is a Senior Lecturer at Strathclyde University, and INLOGOV Associate. She is author of ‘Co-Production of Public Services and Outcomes’ and co-editor of ‘Palgrave Handbook of Co-Production of Public Services and Outcomes’, both of which will be published in autumn 2020.