Local Government Commission For England (1992) - Acceleration

Acceleration

Three more final reports, for Cleveland, Derbyshire and Durham, were published in November 1993. In both Derbyshire and Durham, unitary authorities would be created covering the large urban areas, but the rest of the county would remain two-tier in structure.

A new Secretary of State, John Selwyn Gummer, had taken over in May, and he did not like these proposals, or the long time it took to produce them. Gummer sped-up the work plan and directed that all remaining reviews should start in December and be complete by the end of 1994. Gummer also issued new guidance, making it clear that wholly unitary solutions should be preferred, particularly ones smaller than existing counties but larger than existing districts. He further announced that Derbyshire and Durham would be referred back to the Commission for consideration under the new guidance. Gummer accepted the Commission's proposal to abolish Cleveland, but asked the Commission to consider Durham and Derbyshire again under the new guidance. The Labour Party, while remaining broadly in favour of unitary authorities, attacked the Commission for inconsistency. The leader of the Labour-controlled Derbyshire County Council questioned the inclusion of Derbyshire in the first tranche, which otherwise consisted mainly of counties newly created in 1974 and their neighbours.

The revised guidance included wording as follows:

In some areas the commission may wish to recommend a continuation of the existing two-tier structure. But the government expects that to be the exception, and that the result will be a substantial increase in the number of unitary authorities in both urban and rural areas.

Lancashire and Derbyshire County Councils, fearing their abolition under the new guidance, took a case to the High Court, seeking a judicial review that it was illegal. On 28 January, the High Court ruled in their favour, deleting the sentence in dispute, implying that the Commission should consider retaining the status quo, either in part or wholly, as an option as well.

The commission recommended that Avon and Humberside should be abolished and broken up into four unitary authorities each. It also recommended that the rump Somerset be broken up into three unitary authorities (West, South and Mid). It suggested that North Yorkshire be split into three unitary authorities – one for York, and two others to be called "West Riding of Yorkshire" and "North Riding of Yorkshire" (the proposed West Riding would have taken in only a small part of the historic West Riding of Yorkshire, while the proposed North Riding would have included most of the historic North Riding of Yorkshire). It recommended no change in Lincolnshire and Gloucestershire. The County Councils of Avon, Cleveland and Somerset sought judicial review to stop these proposals going forward, but the High Court found them within the law.

The government accepted most of these recommendations, but also kept the status quo in Somerset ("after taking account of the number and strength of the representations which I received opposing the recommendations"), and in North Yorkshire retained a rump two-tier North Yorkshire without York ("in the light of the strong representations which I have received opposing the Commission's recommendations for North and West Riding") – both reportedly the subject of strong lobbying by local Conservative MPs. The government did not accept the recommendations of the Commission on Gloucestershire, and announced its intention to refer the county back. These changes were implemented in 1996.