The Dale Farm eviction is the ugly side of localism

Both central and local government are failing in their roles as a guarantors of minority rights.

The Dale Farm case reminds us of the limitations of unadulterated localism. For the eighty families of Dale Farm about to be forcibly evicted in the coming days, the 'deadening' hand of the central state might be a welcome reprieve from the whip hand of the local.

Localism is buzzword of the political age, summing up the zeitgeist in no more than four syllables. The government, in its unending quest to free local authorities from control of the things they don't care about, has allowed unprincipled local authorities to abandon the people they don't care about, with equal vim.

The Traveller community, long a target for legitimated discrimination, has felt the full force of this bonfire of regulation. Evidence submitted to the CLG Select Committee enquiry into abolishing regional strategies suggests that the removal of a strategic approach to Gypsy and Traveller accommodation provision will result in lower pitch allocations. The consequence of this could be an increase in Gypsy and Traveller unauthorised sites which are estimated to cost local authorities approximately £18m a year in eviction costs alone. Moreover, clauses 91, 92 and 93 of the new local authorities bill states that Local Planning Authorities (LPAS) will no longer be required to submit their local development schemes to the Secretary of State (91), that LPAs will no longer have to implement inspectors' recommendations (92) and that LPAs will no longer be required to send their annual reports to the Secretary of State.

These changes promise to make a bad situation even worse. According to the Commission for Racial Equality more than 90 per cent of traveller planning applications are initially rejected compared to 20 per cent overall. Local authorities have clearly failed this community that only numbers between 15,000 and 30,000 people. IPPR research proposed a sensible solution seven years ago, including the treatment of permanent and transit sites as social housing and the establishment of a special purpose registered social landlord to run them. But to add insult to injury, last year's emergency budget removed the modest £30 million in place to support the establishment and development of traveller sites.

In the current situation both central and local government are failing in their roles as a guarantors of minority rights. There are just 3,729 caravans on unauthorised sites in the whole of England with a further 13,708 caravans on council and private sites. In 2009, the Human Rights Commission estimated that 'the entire Gypsy and Traveller population could be legally accommodated if as little as one square mile of land were allocated for sites in England.'

For the more unscrupulous and cash-strapped local authorities the pressure from established residents is often great, as we've seen this week in Basildon, where over 85 per cent support the council's actions. Vanessa Redgrave and the Bishop of York are all very well and good but they are a poor substitute for proper legislative oversight, ensuring that a council can't abuse a group with little political power. So where does this leave localism?

IPPR North research proposed a framework of efficiency and effectiveness to enable tough decisions about service provision to be made. Based on the principle of subsidiarity, where it appears local authorities are unable to take decisions in the interests of the wider good, such matters need to be resolved at a more strategic level. In the absence of regions this may well now need to be nationally. But we also argue for a set of 'national minimum outcomes' - some simple statements made by central government (unlike targets mind) against which local service providers can be held accountable. Such sophistications may run against the unfettered localism promulgated by the government but in this case we need to balance localism with fairness.

Lewis Goodall is Researcher at IPPR North

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.