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notes from JK

Requesting council webcasting open up

I’m delighted that Cllr Brian Oxley, chair of the Governance committee, has agreed to take my letter (below) at the meeting on 1st February. I hope that we’ll be able to agree a path for opening up how tax-payer funded webcasts.

Cllr Brian Oxley

Chair, Governance Committee

Brighton & Hove City Council

Kings House, Grand Avenue

Hove BN3 2LS

17th January 2010

Dear Cllr Oxley

WEBCASTING PROTOCOL & ARRANGEMENTS

I am writing to ask that the committee review the protocol and arrangements associated with the council’s webcasting systems.

Specifically section 4.5 of the current webcasting protocol is excessively restrictive. As the findings of the First-Tier Tribunal (Local Government Standards in England) in my appeal of November 2010 state on para 71:

A finding of a breach on the facts of this case would have been disproportionate and would effectively lead to discrimination against elected members by imposing restrictions on their use of certain publicly available Council resources which the general public would be under no obligation to observe, but without any objective justification for the discrimination.

Since the date of the complaint from which this appeal arose, the webcasting protocol has been modified to create what the Tribunal judged to be unreasonable restrictions, namely that permission must be requested and certain uses forbidden, restricting Members’ freedom of political expression.

Given the growing support for openness and transparency in government, I believe the protocol should be reviewed. I ask that, as the Leader of the Council has indicated a willingness to use the Open Government Licence, such a licence is used for council webcasts.

I am also aware that the Council’s contract with webcast supplier Public-i restricts how the video captured may be used. Section 3.6 of Annex 7 from the contract renewal states in part:

You will not copy or reproduce the Content or the Webcast Data on to any other server or location for further reproduction without our prior consent, which will not be unreasonably withheld.

Such a requirement would clearly prevent a Member from placing a clip on YouTube without having first sought permission from the supplier, Public-i. Again this would be deemed unreasonable by the Tribunal.

Thus the protocol and contractual arrangements should be reviewed so that elected Members and members of the public are free to use the tax-payer funded webcasts. Any abuse to misrepresent would be covered by existing laws including libel and should not be cause for adding restrictions.

I look forward to your response.

Yours sincerely,

Cllr Jason Kitcat

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notes from JK

Full Council December 2010 – the snow or no snow edition

Thursday night saw the last full council meeting of the year being held at Brighton Town Hall. It was the first without Cllr Smart who recently passed away very unexpectedly. So we heard a number of very heartfelt speeches marking the loss, particularly from Cllr Geoffrey Theobald.

On a more upbeat note the public took great interest in the meeting, the galleries were packed and we saw a huge number of public questions and petitions. Most focussed on the Bright Start nursery which the Tories have threatened with closure. The case for closure is not made, the nursery with a little management attention could easily be made viable. Rather than giving it a chance, or admitting that closing it in the middle of a school year makes no sense, they waffled. Then, with no forewarning, council leader Cllr Mears announced that a new consultation would be launched to see if parents and staff would take on the nursery themselves. I’m tired of hearing these ‘big society’ wheezes. The council is the way by which citizens are acting collectively to provide services. Why on earth should people – already with jobs and lives of their own – now run public services too when we have a council to do it?

Cllr Mears continued that evening to make numerous outbursts, often claiming them to be ‘points of order’ when in fact they were no such thing. Points of order are for highlighting breaches of council protocols and rules, not for debating matters or to get the last word as Cllr Mears was using them. Unfortunately this behaviour by his group leader put the Mayor Cllr Geoff Wells in a difficult position, and so he chose not to challenge Cllr Mears.

Anyway a Green motion on Bright Start and amendments to recommendations were both passed at the meeting, so I believe the closure plans will now have to be put on hold. Green Cllr Lizzie Deane delivered a superb speech, her maiden speech in fact, in support of the motion so victory was doubly well earned.

There was also a good crop of questions from councillors. In them I have managed to winkle out a number of commitments. Firstly Cllr Mears has agreed to advocate use of the Open Government Licence by the council, this is effectively a Creative Commons by attribution licence, thus setting the scene for much more use and reuse of council-produced publications and data.

I also learnt that the pay multiple for Brighton & Hove City Council is 13.1, which means the highest paid officer earns 13.1 times more than the lowest paid officer. Not as high as the worst offenders in the corporate sector, but still plenty of room for improvement. Cllr Mears agreed with my request to publish this figure as a regular council performance indicator.

I also used questions to pressure the council about their use of tax-evaders Vodafone and the decline of recycling rates in the city centre.

In other business the new, very much improved, council statement of licensing policy was approved. Greens were the only political group to submit ideas to the consultation process for this revision, and I was the only councillor from any party to attend the Licensing Strategy Group meeting which debated the policy. We also managed to pass an amendment which will institute a further review to expand the cumulative impact area. This area helps to reverse some of the laxity of the original 2003 Licensing Act, by making it easier to refuse new and extended licences in areas already with a high density of venues.

A number of important scrutiny reports were presented, including on city-wide 20mph limits, which stimulated heated exchanges with Cllr Geoffrey Theobald who just doesn’t quite understand the idea of large areas all being at 20mph being preferable to a patchwork of different limits. Or he didn’t appear to anyway.

Around this time Cllr Mears, in another abuse of council procedures, announced that there was heavy snow and more to come. So when the now-usual closure motion was called by the Mayor after 4 hours of business had passed, votes split as people worried about getting home. Personally I think that there are so few council meetings, and they are so important to the city, that a little bit of a late night 6 or 7 times a year is my duty. So I voted against the closure motion.

Unfortunately it did pass, and we emerged to find hardly a snowflake to be found. With her group outnumbered and out-manoeuvred had Cllr Mears used the snow to end a tricky meeting? We shall never know.

The remaining business was voted on without debate, so I couldn’t speak to the two Labour motions nor the Green motion seeking to control private rents and bring some sanity to the private rented sector.

Exactly two years go Cllr Kevin Allen had burbled a furious speech against a motion I had presented which opposed NHS privatisation. Both Tories and Labour had voted it down as their policies support PFIs and NHS marketisation. Yet this Thursday Cllr Allen was presenting a motion raising concerns over… privatisation of the NHS. Could it be?!

I share those concerns. But I’m more worried that Labour think they’re going to pull a fast one. Yes Andrew Lansley’s health reforms are shocking and regressive, but he did trail them in his health manifesto. Labour can’t now jump into the fight privatisation when for 13 years they pushed more PFIs and cracked the NHS open to corporate providers. What on earth do Labour stand for? It seems to me they like to appeal to ‘progressives’ but their agenda continues to be neo-liberal. Their shadow local government minister admitted on Monday that Labour also would have cut council budgets and they’ve not explained how or when they would have stopped the NHS privatisation process they started. Saying whatever it takes to win is not honest politics – it’s part of the problem.

Similarly, Labour’s motion on Vodafone’s tax evasion was all well and good. But Vodafone (and others) didn’t start evading tax after this May’s election… it was happening under Labour’s watch too. Anyway both of Labour’s motions and the Green motion was passed – though notably the LibDems voted against the NHS privatisation motion.

All in all a rather anti-climactic council meeting. Once again debate was cut short just before the notice of motion could be addressed. But some good results and signs that the Tories are floundering.

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current affairs

YouTube Tribunal Success!

Today was the culmination of a process which began in early 2009 when Conservative Cllr Ted Kemble filed a complaint against me for putting clips on YouTube. The full background can be read in my previous blog posts.

The Tribunal hearing was held in a room at the Hilton Metropole Brighton hotel. This was arranged by the Tribunal service. Whilst I was grateful for a good number of supporters in the public gallery, in the hot seat it was just me there to represent myself.

The Council on the other hand had brought Mr Wayne Beglan, an outside barrister along with two council solicitors, a press officer and the Chairman of the Standards Committee.

The Tribunal consisted of Simon Bird QC, Narendra Makanji and David Ritchie. I don’t know Mr Ritchie’s background, Mr Makanji is a Labour activist and involved in a number of public bodies. Mr Bird is a barrister from the same chambers as the Council’s barrister Mr Beglan. However that didn’t stop him rather comprehensively demolishing some of Mr Beglan’s arguments during questioning!

I presented my arguments first. You can view my notes for my presentation here [PDF], though I did range beyond my prepared remarks as the presentation unfolded. The tribunal panel challenged me on a number of points, but mainly on my argument that the code of conduct didn’t apply because I wasn’t acting in my official capacity as a councillor when uploading videos to YouTube. I had difficulty providing clear-cut, legally grounded responses to some of their questions and so I wasn’t surprised when in their judgement they didn’t agree with this specific argument. Thankfully that didn’t affect the positive outcome.

Then the City Council’s barrister made his remarks. I found them to be rather piece-meal and quite often misleading if not factually incorrect. It is hard to tell if these were deliberate attempts to spin the Council’s case or just oversights through failure to fully review all the paperwork. Mr Beglan tried to conjure up a view that I had changed my arguments each time I had been asked to defend my actions. But in fact I was able to rebut this with the paperwork already before the tribunal.

Mr Beglan completely failed to take on my arguments that the Council’s interpretation of the code of conduct impinged on my European Convention on Human Rights article 10 rights to freedom of speech.

I then had a chance to rebut Mr Beglan’s presentation, though the panel through their questioning had done better work than I could have done. To be fair to him, it wasn’t easy to defend the Standards Committee’s original decisions.

Much of the debate ended up being about what constitutes a council resource and what would be improper use of such a resource. Many metaphors and examples were wheeled out, which I think were helpful in exploring the ideas. In the end the copyright issues surrounding the webcast were sidelined by the primacy of the article 10 issues. But it wasn’t disputed that there are exceptions to copyright protection which I could use to legally excerpt clips, and I think this contributed to the view that no resources as meant by the code were used by my actions.

Essentially it came down to this… The Council’s interpretation of the code would result in discrimination against me because I was a councillor — members of the public could do what I had done without restriction, so why couldn’t I? The code of conduct could not and should not be interpreted to restrict my rights to freedom of political expression.

So after an adjournment of an hour and twenty minutes the panel returned to find that they agreed with me that I had not breached the code of conduct. They rejected the findings of the Standards Committee and the sanctions immediately cease to have effect.

The tribunal’s full reasoning will be published in 14 days and there are 28 days for the Council to apply for leave to appeal. In summary the tribunal stated, in reference to my actions that:

6.1 He did not fail to treat Councillor Theobald with respect;

6.2 The resources of the Council which he used in posting the video clips fell outside the scope of the resources to which paragraph 6b(ii) applied;

6.3 To find the Appellant breached paragraph 6(b)(ii) of the Code on the facts of this case would involve a disproportionate interference with his right to freedom of expression protected by Article 10 of the ECHR.

Whilst a stressful day, I didn’t find the legal debate and questioning quite as difficult as I had feared. For someone representing themselves (I refused to spend any money on this) I think I did reasonably well, mainly because a number of very kind people offered me tips and read my notes ahead of the hearing. Thank you to everyone who supported me in person, with messages or by signing ORG’s action on this.

I am absolutely delighted with the outcome. It completely erases the original sanctions and findings. It also shows that the code of conduct cannot be used to stifle freedom of expression, which is exactly what the local Conservative councillors were trying to do in filing the complaint in the first place. I address this further in the press release. For as long as the code of conduct still exists (Mr Pickles says it will be go), this result is important in giving councillors across the country greater confidence in their ability to express themselves freely.

Now, back to the work of representing my constituents as best I can. But I will also be following this up looking into a variety of issues. The Tribunal chose not to address my concerns with how the original Standards Committee panel worked including Cllr Lepper claiming not to have seen the videos in question (as supported by witness statements I collected) but then the Standards Committee subsequently flatly denying she said this. Also did the council really need to send so many people to the Tribunal, why did they fight my appeal so hard?

UPDATE: Freedom of Information request now filed. Cllr Kemble and the chair of the original Standards Committee hearing panel are spinning that all I had to do was apologise. No, I overturned being found guilty of improperly misusing council resources (a serious finding which I had to clear) and faced censure + suspension unless I apologised and submitted to re-training.

UPDATE 2: You can hear on BBC iPlayer the tribunal being discussed on BBC Sussex Radio before and after the result. In the second piece Dr Wilkinson from the Standards Committee and Cllr Kemble both participate, sounding rather unrepentant if you ask me!

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notes from JK

How we treat children is a reflection of what we consider to be important

After the Tories had passed their guillotining motion to end last Thursday’s council meeting, all remaining business was put to the vote. I was delighted that the motion Cllr Rachel Fryer and I proposed was passed in that process. However, that we were not able to debate it was a source of regret to me.

Here’s what I would have said…

Full Council 21st October 2010

Speech seconding Notice of Motion on Cuts hitting Children & Young People

Mr Mayor I stand to second this motion as a father, as a son and as someone who believes that family is about community and not just blood ties.

Greens don’t believe there is an economic case for sudden, deep government cuts at this time. However if there must be cuts, they certainly should NOT hurt the most vulnerable and those least able to make the case for the services on which they depend.

It’s a truism to say that children and young people are our future. I believe that how we treat children – who are inherently innocent and trusting – is a reflection of ourselves and of what we believe to be important.

Good health, education and fulfilling work are important. Yet the cuts this motion notes say the opposite. The cuts say bank bailouts, subsidies for nuclear power and cold war era arms like Trident are more important. They are not.

– freezing child benefit for three years;

– cutting the Health in Pregnancy Grant;

– cutting the Sure Start Maternity Grant for all but the first child;

– cuts in Housing Benefit – which will affect families with children the most;

– a cut in Tax Credit entitlements for the poorest by withdrawing the Baby Element;

– the cut in the Child Trust Fund.

These and other cuts say children aren’t important. But that’s not what we believe – children are our future and our inspiration.

Let us show this city what we believe in. By supporting this motion you vote for hope in a better future for our children.

[ENDS]

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notes from JK

The Green view on the national debt

Further to my earlier post on this issue, an additional opportunity to set the national debt in context arose last week. The Conservative group of councillors submitted an extraordinary motion using the national debt to justify massive cuts whilst also reassuring residents that ‘Intelligent Commissioning’ and other actions left the council in a good position to handle the cuts.

Well this motion had to be amended, and so I submitted a detailed amendment, as you can see here.

Unfortunately the amendment fell, because Labour sat on their hands for the vote. Thankfully the motion as a whole also fell. Still Labour need to seriously reflect on what they stand for before coming to the next council meeting.

My speech to the amendment is copied below. I got no response to my final question as Conservative councillors ranted on about other things, if you can bear to watch on the webcast.

Speech proposing amendment to Conservative public debt NoM
21st October 2010

Mr Mayor

Yesterday George Osborne announced as part of the comprehensive spending review that not only would, according to the Local Government Association, local authority budgets be cut by 25.5% but that the cost of borrowing for councils would also be increased by 1%.

This authority and its officers are going to be squeezed beyond all reason. Yet, as benefit cuts bite and the economy suffers from the ill-considered government slashing of public services, our residents will need us more than ever.

Our amendment makes abundantly clear that the current UK national deficit is by no means sufficiently alarming to justify these unprecedented cuts. The deficit is not particularly large by historical comparison, the interest charges are a reasonable proportion of our GDP and the repayments are owed over many years. We include a number of ways in which the deficit could be reduced through tax and benefit reforms, but not public service cuts.

To echo a certain high street store – These are not just cuts, these are coalition government cuts. With lashings of hypocrisy and soaked in misleading statements.

What we are witnessing are not just a few efficiency savings. We are seeing the utter abandonment of whole swathes of our society. At the slightest hint of stormy waters the coalition government are chucking people overboard shouting to them “if you can’t afford to survive then you’re on your own.”

Frankly Mr Mayor, the administration have some gall presenting this motion reassuring residents in the face of this economic and public sector catastrophe.

I urge members to support this amendment. And I finish with a question – did any of the members on that side of the chamber actually check the Chancellor of the Exchequer’s lurid claims about the scale of the deficit, or did they just swallow it – hook, line and sinker?

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notes from JK

October 2010 Full Council

Finally a full council meeting rolled around. There are so few in the year that inevitably the agenda was groaning under the weight of items included – and that was before reams of public questions, deputations and petitions were added.

Once again the need for more council meetings, which start earlier, came to mind – but the Tories will have none of it, and I seem to recall Labour too being opposed last time Greens raised it.

As usual I had a number of questions to councillors which, as usual, were not properly answered. In flagging up issues with the council website I was once again promised that a new site was on its way – a new site has been imminent for the entire 3+ years I’ve been a councillor!

I also continued my attempt to win a commitment to the council using an open licence for its publications, however every time my question is misunderstood or deliberately misconceived.

My final written question was again twisted by the respondent. At a previous debate on the long delayed IRP report we were told it was being delayed because a return to the committee system was imminent. This was a pretty transparent wheeze. To pretend now that the two were unrelated was taking the proverbial biscuit.

The one oral question I’m now permitted  to ask related to how local government cuts would have a massive impact on the local economy. The answers Cllr Mears gave were, at best, tangential to the question.

The meeting saw an excellent debate on the cuts being made to the Connexions as part of public questions, a deputation, a petition and a notice of motion. I think the procedure that results in a debate when a petition has more than 1,250 signatures worked very well – it’s a welcome addition to council meetings.

At long last the Independent Remuneration Panel’s report on councillor allowances was voted on. But as I have long predicted, Labour and Tories voted together to preserve their allowances – so that Brighton & Hove continues to exceed government guidance on the number of special allowances handed out. They also voted against group leaders’ allowances being proportional to the size of their group – which would be patently much fairer than the present system. Once again, it was the old guard defending their interests.

As usual the 4 hour guillotine was activated by the Mayor to end the meeting. However to my surprise the Tories didn’t vote for it. They later revealed that they wanted a chance to rip into my amendment to their motion before going home. Of course once that had been voted on they did propose a new guillotine motion which was passed despite a very mixed vote from Labour and Tories, only Greens consistently voting to carry on with the business before us.

I will cover the two main motions I dealt with in separate posts. I think it’s high time council meetings were re-organised to happen more often. This would allow public questions and petitions to be dealt with a in a more timely way. The meetings should start an hour earlier and we should stay until the work is done. And the Conservatives should be ashamed of their approach – they continue to guillotine meetings as soon as the bits they want are done with, thereby removing the space for debate.

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current affairs

Why no NHS osteopathy in Brighton & Hove?

I was pleased to see a report in today’s Argus about osteopathy services on the NHS. The piece isn’t online but in essence it says a new report from the British Osteopathic Association has found that whilst NHS West Sussex referred over 1,800 patients for osteopathic treatment – no referrals were made by the NHS in Brighton & Hove nor in East Sussex.

NHS Brighton & Hove are quoted in the article saying that they provide the full range of NICE recommended treatments through their physiotherapy service. I don’t question the quality of the physiotherapists, but they are not the same as osteopaths. They operate in a similar field but with quite different techniques and approaches.

NICE guidance for lower back pain includes osteopathy. Indeed there’s a growing body of quality clinical evidence to show that osteopathy is at least as, if not more effective, than other methods for treating back pain. These include a recent meta study and the ROMANS study which found that “outcomes improved more in the osteopathy group than the usual care group” whilst osteopathy was not significantly more costly. Indeed when my daughter was born through a ventouse delivery, the hospital midwife recommended an osteopath for helping with the damage the delivery had done to her little head. Four years later and you can barely feel on her skull where the ventouse was used, but I paid for every osteopath treatment myself.

In January of this year, the Council’s Health Overview & Scrutiny Committee received a petition and a funding proposal calling for therapies including osteopathy to be made available through the local NHS. This was of great interest to me so I prepared for the item in detail including collecting abstracts of studies to cite such as those I have mentioned above.

Osteopathy clearly has a solid evidence base to back its use. However when I attempted to have this discussion the Conservative committee chair and the Chief Executive of NHS Brighton & Hove both were keen for no discussion to be held at all. Against my protests the item was not debated. The following committee meeting I tried to discuss it again or at least find out if the local NHS had done anything about the petition. Nothing.

So I applaud NHS West Sussex for looking beyond conventional medicinal disciplines in treating their residents. It would be great if other local NHS primary care trusts would, before they are abolished, set a precedent that osteopathy should be available under the NHS in their areas. There should be no argument over providing treatments backed by guidance and sound clinical studies.

UPDATE 27th October 2011:

Brighton chiropractor Matthew Bennett (of Sundial Clinics) sent me a link to an interesting case study which further supports the benefits of chiropractic, osteopathic and physiotherapy treatments – and that they end up being cheaper for the NHS too.

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notes from JK

The case against elected police commissioners

First posted on Jim Jepp’s Daily Maybe.

Greens in Brighton & Hove are opposing the introduction of a directly elected police commissioner for Sussex Police. Why? Surely we support democracy and public accountability… don’t we?

Indeed we do, but there are many ways to deliver a public service whilst holding it accountable to the people it serves. I think an unfortunate aspect of the debate is that too many people are unfamiliar with how police forces are currently run. I must admit that I too was blissfully unaware until I was elected a councillor.

But without that knowledge of what we have now, comparisons are difficult. When contrasted with what many assume to be a faceless bureaucracy, of course an elected commissioner sounds positive. Yet police forces are already accountable to independent police authorities. In the case of Sussex Police it answers to Sussex Police Authority. This body is made of elected councillors and independently appointed members including local magistrates. The councillor membership of the authority follows proportionality rules so, as best as is possible, the seats must be divvied up to match the political representation on the local authorities in Sussex.

It’s not perfect, but the authority’s makeup does ensure a semblance of diverse representation for the communities Sussex Police seek to represent. Just as a local council does, the authority has committees and budget votes. These are open to the public and are webcast.

With a single directly elected commissioner many of the arguments Greens have used against directly elected local authority mayors hold true: Decision making will be less open, less accountable and there will be far fewer opportunities for a plurality of opinions to be heard.

Cllr Ben Duncan is the only Green on Sussex Police Authority, but his distinctive perspective has undoubtedly had a positive impact in winning commitments for more neighbourhood policing, more sustainable ways of working, for a different approach to policing hunts and much more.

The idea of directly elected police commissioners is one both Labour and Conservatives have borrowed from the American political system. There are many things to admire in the US constitution, but the results for everyday quality of life have been, at best, mixed. Indeed one could argue there has been too much of a good thing. Voters are asked to elect school commissioners, police chiefs, judges, municipal councillors, senators, congressmen, state governors, state secretaries of state and so on. Turnout levels in the US are incredibly low. I have often heard it said that in the US there are probably too many elections and too many things to vote on. Whether or not that is true, there’s no evidence to show that simply having a directly elected head of the police makes any positive impact.

Some argue that we should oppose commissioners because ‘undesirables’ (I assume the BNP and such like) might win some elections for police commissioners. I don’t believe that’s a fair argument against commissioners, though the detail of the electoral system proposed is something I have yet to see mentioned. Ultimately I believe that Greens should oppose directly elected police commissioners because they are contrary to green values: They centralise power, reduce the diversity of views, make decision-making less accountable and are needlessly expensive.

What could be done to improve police accountability? We could consider returning control directly to local councils, which would offer a more direct connection with communities and their elected councillors. In the meantime I believe police authorities are a reasonable compromise position, but the authorities must continue to work hard to engage with the areas they represent.

Particularly in these times of austerity, when Sussex Police’s Chief Constable estimates elections for a new police commissioner would cost upwards of £1 million, the case has not been made for this change.

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notes from JK

More reasons to be wary of commissioning

Greens oppose Brighton & Hove City Council’s move to an ‘Intelligent Commissioning’ model, as I’ve detailed previously.

Commissioning creates a split between who buys a service and who provides it – which in the public sector is often rather artificial. Public services are not like the business sector and cannot be treated in that way. If I recall rightly, the council tried several times to outsource municipal waste collection before having to bring it back in-house after experiencing serious problems with managing the contracts with provide suppliers.

It’s much harder to manage and monitor contracts than many people realise. Which makes the House of Commons Health Committee’s March 2010 report on Commissioning [PDF] very interesting reading.

The report is fairly damning of Primary Care Trusts, the main NHS bodies tasked with commissioning. The committee also pulls no punches on the idea of commissioning itself. The report (which I highly recommend) finds that before introducing the purchaser-provider split (aka commissioning) the NHS had admin costs of about 5% of total NHS expenditure. Since then it has risen to be around 13.5% of NHS expenditure. That’s an absolutely huge increase.

A team at York University cited in the report note that old ‘Beveridge-type’ health systems have low transaction costs and that:
“In the English NHS, the purchaser-provider split, private finance, national tariffs and other policies aiming to stimulate efficiency in the  system and create a mix of public and private finance and provision mean almost unavoidably that the more information is needed to make contracts, hence transactions costs of providing care have increased, and may continue to increase.”

(It’s worth nothing that despite commissioning the York study, the Department of Health never published it, the Health Committee had to winkle it out direct from the academics over protests from civil servants. The same civil servants were also rebuked by the committee for failing to provide accurate figures for costs themselves!)

The committee’s report concludes that unless some convincing, rigorous new data shows benefits for the 20 years of NHS commissioning, it should be abolished as a costly failure.

I find it hard to believe that the city council are going to be able to somehow avoid these risks and pitfalls. Commissioning would need to deliver some immense cost-savings (which nobody has the evidence to prove it can) to justify almost trebled admin costs!

I have asked, and will keep asking, for evidence to justify the council’s leap into ‘Intelligent Commissioning’.

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notes from JK

Council meeting roundup – 15th July 2010

So that’s it, we’ve had our council meeting and there won’t be another one until October. In spite of that Conservative and Labour councillors voted to axe proceedings at 9pm with two motions still to be debated.

The meeting started with my challenging the minutes of the 18th March meeting. Back then the Conservatives, backed once again by Labour, voted to defer the Independent Remuneration Panel’s report on councillor allowances (full background info). Four months later and the report still isn’t before us. In the meantime there are 34 councillors instead of 25 receiving additional allowances, which for a full year will cost the council £25k more than if the panel’s report was implemented. Back in March I had made a point of order noting that the deferral of the report would have budgetary implications. This point was not minuted and I asked for the minutes to be amended accordingly, but the Mayor refused to accept this. Not good.

Our new Green Cllr Lizzie Deane was introduced to the chamber and took her seat – well done Lizzie!

Next for me was the new system of questions. I can put as many written questions as I want to the administration, but they aren’t discussed at the meeting. You can read them online along with the rest of the agenda.

The replies were not particularly marvellous. For example in asking for an update on recycling figures Cllr Geoffrey Theobald gave me numbers for 2005/6 and 2008/9 but nothing for 2009/10 or a part of that financial year, which is several months behind us now.

I specifically asked for details of the licence under which the council’s financial data will be published. I would like it to be a very open, permissive licence that allows for all sorts of re-use and mashups. This point was not even acknowledged in Cllr Young’s reply. I also asked when they would start publishing the data, again no hint of dates was provided.

Asking about the council’s website, which has been due a rebuild for years, I received a lot of waffle about resident needs etc. The council website was supposed to be upgraded years ago, and every year it seems to slip a year.

Onto oral questions, which shamefully are limited to only one per councillor. I asked the Leader of the Council:

“In the face of drastic budget cuts which both Conservative and Liberal Democrat councillors on East Sussex County Council are calling ‘unavoidable’, what policies does the Leader of the Council propose to put in place to prevent even greater inequality amongst Brighton & Hove’s residents?”

To which I received a rant about the Green Party but as far as I recall, no response to my question. I followed up by asking what evidence the Leader could provide to support her preferred approach of ‘Intelligent Commissioning’ would be able to meet the challenges this city faces. She could provide none, saying that because it hadn’t started yet there wasn’t any evidence. Which rather implies, as I suspect, that there is no solid evidence from other councils in the UK or elsewhere to back up the Intelligent Commissioning approach.

Next we debated a report on budget cuts. However all the report contained was a list of the reductions to grants that central government are applying. There were no details on when or how these cuts would be managed by the administration. The report was completely inadequate to facilitate any proper debate or scrutiny. It did emerge through the meeting however that the administration clearly do have plans written up, they just weren’t willing to share them to the full council. In the face of repeated questioning on several specific grants to community grants, the Leader started reeling off which funds were definitely secure. Cllr Mears knows the detail of what’s going to happen — she just refuses to share it with councillors.

I made the case that we should be open, inclusive and participatory in handling these budget changes. It’s only by engaging the entire city are we going to be able to find a path out of these unnecessary cuts imposed on us by ideologues in the coalition government.

A number of important reports were briefly discussed before moving onto Notices of Motion. We supported Labour’s motion calling for a return to the committee system of running the council. Labour have a bit of a cheek proposing such a motion after having tried to foist a directly elected mayor and several forms of cabinet system onto this council. Still it was good to see councillors agreeing that we all want a more democratic, collaborative form of governance if possible.

Next the two Green motions addressing cuts, first housing benefit and then cuts more generally as well as proposals for ‘Intelligent Commissioning’. Most of the way through the housing benefit motion, the Mayor activated the new guillotine motion supported by Tories & Labour in March. All debate ended and the motions were voted on. Both Green motions fell, without my having even been able to propose the one I had proposed.

Conservative and Labour councillors continue to show their preference for expediency over proper democratic discourse. They do their voters a disservice by their desire to shut down meetings rather than open them up with guillotine motions, limiting questions and speaking times. I have copied below the text of the speech I would have delivered if I had been given a chance. It is shameful when elected representatives are denied their right to speak because others just want to be home before the ten o’clock news begins.

Speech to Notice of Motion: OPPOSING CUTS AND ‘INTELLIGENT COMMISSIONING’ AS THE RESPONSE

In 1988 Eric Pickles, using the casting vote of the mayor, took control of Bradford council. On Tuesday 25th October, in a 12 hour budget meeting, Pickles forced cuts of £5.8 million from the council budget that night and cut £13 million within 6 months. His 5 year plan was to remove £50 million from the budget and restructure the authority to become a “holding company” that signed contracts with private providers.

By the end of that long October 1988 meeting Pickles had received a personal message of support from Prime Minister Margaret Thatcher as protestors roared outside. And now, the wheel has turned and Eric Pickles is a minister, unleashing his same awful vision on all councils in this country.

The cuts being imposed on this council are ideological – that is, they are completely avoidable. The country is solvent and credit rating solid, however Conservatives are committed to pouring yet more money into defence whilst failing to apply sufficient tax the wealthiest people and firms.

Let us not forget that Tories, LibDems and Labour all agree on the need for cuts – their only quibble during the general election campaign was when the cuts should start. Greens were alone in opposing cuts and offering an alternative path out of the mess, fully costed by economists.

Our motion speaks for itself on the cuts. We absolutely deplore them and believe it to be grossly unfair that the British government can find the resources to bail out banks and fight foreign wars, whilst dramatically cutting services to its own most vulnerable citizens.

Furthermore it is our view that Intelligent Commissioning is not the answer to coping with the cuts. We have yet to see evidence from any other councils that it works. Commissioning large corporations, who often have legal departments many times the size of ours, is a fraught business.

Only at yesterday’s health committee did we hear that a private contractor for the SOTC made an extra £750,000 profit last year, because of NHS commissioning which means they get the same fee regardless of how much or, in this case, how little work they deliver.

It cannot be good for staff morale, and it certainly isn’t good for the budget, for Intelligent Commissioning to require new directors at inflated salaries. We should be moving to a smaller gap between the pay levels of our staff, not a greater gap.

Of course there are times when a specialist product or service is needed from a private provider, we shouldn’t be re-inventing the wheel when, for example, software to meet our needs is readily available.

It is our view that the best possible value and service for this city comes from a different approach. It comes from dedicated officers, with decent pay and conditions, who are treated with respect and dignity by the leadership of this council. Constant reviews and the threat of being ‘commissioned into the private sector’ are not, in my view, the way to motivate people to deliver their best.

We and our MPs must fight these cuts as fiercely as we can. Furthermore locally I believe our response is for the council to come together, not to be split apart. We should focus on our positive spirit, that together we can meet these challenges and provide the best services possible locally, with public servants paid decent, but not excessive wages. We oppose these cuts and believe Intelligent Commissioning is not the way forward. Please support this motion.