Legal chief, Dr Mirza Ahmad,believes the power of general competence proposed in the next local government Bill should apply across the public sector – and not just to councils

Birmingham City Council legal chief, Dr Mirza Ahmad, has written to council legal colleagues asking them to ‘think pan-public sector’ when advising on the forthcoming power of general competence.

Dr Ahmad, who is also president of the council lawyers’ society, the Association of Council Secretaries and Solicitors, says public sector managers must ‘ensure all public sector, private sector and third sector organisations are empowered to collaborate and work in partnerships – some by creating new legal entities – so as to maximise cost effectiveness, efficiency and productivity of scarce public resources at the local level.’

The competence power is proposed in the forthcoming Decentralisation and Localism Bill. In his letters to ACSeS members, Dr Ahmad adds: ‘As previously advocated, therefore, the draft local government Bill does not go far enough for me, as it is still limited in its outcome and focused on local government, and fails to deal with the other necessary collaborative public sector partners at the local level.’

‘I strongly advocate the need for a general power of competence for the whole of the public sector, and not just for local government. If such a power is put in place, it would avoid the deserts of competence/vires “between” the public sectors.

‘We must, therefore, ensure any Act applies to all public sector employers and their leaders duly empowered, so as to deliver the best pubic service for the customers who demand the same, based on need, and given the power to redesign, transform and, if necessary, decommission, local services fit for the 21st century at the local level.’

The LGA is seeking examples – at the request of the CLG – of how a power of general competence might operate, and where it would enable councils to undertake ventures they have previously been obstructed from doing. The CLG needs the examples for an impact assessment which it is required to complete before the power can be developed.