Sustainability and the Sustainable Communities Act

Recently, I spotted a post at the blog of Vowles the Green about a new piece of legislation called the Sustainable Communities Act. Mr Vowles is quite keen on this bit of legislation, which immediately makes me suspicious, using a variation of the traditional naval maxim, namely "Greens in sight, Collectivists' Delight".

(Have a look at the Green Party manifesto if you don't believe me. The Science & Technology section is a highlight - certainly a vote winner with the Pennsylvania Dutch community.)

But, having skimmed through the text of this new act, I think our Lords and Masters in Westminster might have missed a trick, and inadvertently given the people of Britain the keys to Liberty. Or at least they may have forgotten to close the observation slot, and allowed a bit of fresh air into the cell.

The principal aim of the Sustainable Communities Act is

"to promote the sustainability of local communities."

But, fortunately for us the drafters never actually bothered to formally define "sustainability", except with the following statement:

(2) In this Act references to promoting the sustainability of local communities, in
relation to a local authority, are references to encouraging the improvement of
the economic, social or environmental well-being of the authority’s area, or
part of its area.

Well as far as most Conservatives are concerned, a sustainable community is one in which taxation is low, the state limits itself to a narrow set of activities, and British citizens are left free to get on with their lives. And who can argue with that?

It is not, frankly, a very good piece of legislation. The Bill passed through so many hands, so many committees and drafts, that it's a real struggle to find any real content in it, or to understand why it has ended up on the statute books. It was promoted by Local Works, a campaign group selling an antidote to something called "Ghost Town Britain", which was a concept floated by the New Economics Foundation, a nominally independent think-tank that provides a friendly home-away-from-home for green activists, jobbing NGO workers and professional millenarians.

The wording of the act is:

(1) The Secretary of State must invite local authorities to make proposals which
they consider would contribute to promoting the sustainability of local
communities.

Now pay attention, this is the interesting bit:

a proposal may include a request for a transfer of functions from one person to another.

The Act goes on in more detail about the specifics of the process, the reports that must be produced and other mechanisms such as the designation of a "Selector", but the important point is that this Act allows a local authority to petition for powers exercised by regional or central government to be taken over by a person or organisation specified by that local authority.

The implication from other sources seems to be that a transfer of function implies the transfer of associated monies.

So what could this be applied to? Perhaps the Bristol City Council could seek to transfer the function and funds of the South West Regional Development Agency to local control. Or perhaps transfer the function and funds of the Avon & Somerset Police Authority to a locally appointed Sheriff.

This could be interesting.