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Local Government (Devon, Norfolk and Suffolk)

Against that background of seeking a rational and sound evidence base, I will read out another paragraph and then give way to my hon. Friends. The accounting officer goes on to say:""Moreover, any departure from the criteria when taking your statutory decisions also raises feasibility, as well as value for money, concerns."" Feasibility is one of the grounds on which an accounting officer can, and properly should, raise the issue of a direction from his Minister. He continues:""Whilst there is no statutory basis for the criteria"—" although everyone worked on that assumption—""there is a legitimate expectation that they will be the basis of your decisions. Your proposed approach of implementing a unitary Exeter and Norwich, and not implementing a unitary council for Suffolk would be a departure from the criteria, and whilst I recognise you could adduce your reasons for this as public policy grounds for not meeting the legitimate expectation, my clear legal advice is that the risk of decisions for a unitary Exeter and Norwich, and indeed for not taking action on Suffolk, being successfully challenged in judicial review proceedings is very high. You have been advised that there is every likelihood of such judicial review proceedings being commenced"—" and they have been. The letter goes on:""This poses significant risks for the feasibility of successfully delivering your currently intended approach. The probable nugatory expenditure which this would entail, particularly in the case of Exeter and Norwich, could only exacerbate the worries I have described about value for money. And it would also put pressure on departmental resources, altering priorities."" I have deliberately read out that long passage in full, because it is utterly condemnatory of the Government's behaviour and makes a most potent case against it.