Local government (Scotland) : structure of local government in Scotland: the case for change: principles of the new system [consultation paper] PDF
Preview Local government (Scotland) : structure of local government in Scotland: the case for change: principles of the new system [consultation paper]
THE STRUCTURE OF LOCAL G€ VERNMENT IN SCOTLAND ACONSULTATIONPAPER Contents Paragraphs ForewordbytheSecretaryofStateforScotland LocalGovernmentinScotland:PastandPresent 1-8 Thecaseforchange 9-15 Thecaseforsingle-tier 16-18 Principlesonwhichthenewsystemshouldbebased 19-20 Functionsofnewauthorities 21-25 Particularpointsforconsideration 26 Minimisingthecostsanddisruptionofreform 27 Comments 28-30 AnnexA: Map of regions and islands plus population, area and densitydetails AnnexB: Mapofdistrictspluspopulation,areaanddensitydetails AnnexC: Main current functions and responsibilities of Scottish localauthorities AnnexD: Localauthoritycurrentexpenditurebyfunctionandtier AnnexE: Localauthoritycapitalexpenditurebyfunctionandtier tfWLY W TWS««««* Si PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit THE STRUCTURE OF LOCAL GOVERNMENT IN SCOTLAND A CONSULTATION PAPER Forewordbythe SecretaryofStateforScotland, the RtHobIanLangMP In March and April I announced my interim conclusions on the Government’sreviewoflocal governmentinScotland andundertook to produceanumberofpapersasabasisformoredetailedconsultationand consideration ofthe issues. We have alreadyconsultedon the new tax for local government. Thispaperrelatesto local governmentstructure inScotland. I believe that there should be a move towards a single tier ofunitary authorities throughout the mainland of Scotland. No change in structure isproposedforthe islands areas which already have unitary authorities. Thisconsultationpaperexplorestheargumentsforchange andforsuchauthorities. Itseekstoestablishtheprinciplesonwhichthe new system should be based and invites views on a range of specific issues. Thisisthefirststageofwide-rangingandthoroughconsultationsonthe future structureoflocalgovernmentin Scotland. Atthe secondstage I intendtoembarkuponfurtherconsultations in orderto establish what thedetailsofthenewstructureshouldbe. Ialsointendatthatstage to consider what scope there may be for improving the management and organisationofthenewauthorities. My aim is to ensure that the new local government system which emerges in Scotland offers real and tangible benefits over present arrangementsandthatitwill lastwellintothetwenty-firstcentury. I hope that a wide range of interests will submit their views on the importantissuesexaminedinthispaper. IANLANG PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit LocalgovernmentinScotland;PastandPresent 1. Local authorities are democraticallyelectedbodieswhich provide forlocalchoice andlocaldetermination across arange ofissues. Local authoritiesarecreaturesofstatute andare constrainedby the terms of that statute as formulatedby Parliament. They have no power to do anythingwithoutspecific statutory authority and theirown powers to legislate are limited and subject to Parliamentary or Ministerial approval. Parliament sets the limits of local authority vires, but authoritiesareanswerabletothecourtsforthelegitimacy, orotherwise, oftheiractions,andtotheirelectorate. 2. Within thestatutory framework setbyParliament, andwith due regardtofinancialconstraints,localgovernment’smaintasksare:- 2.1 tosecuretheprovision,notnecessarilyattheirownhand,ofa prescribedrangeofservicesin awaywhichmeetslocalneeds and wishesandisefficient,effectiveandeconomical; 2.2 toensurethedischargeofcertainregulatoryfunctions; 2.3 tobeproperlyaccountabletotheirelectorate; 2.4 toconducttheirbusinessinafairanddemocraticmanner. 3. The roots ofthe Scottish local governmentsystem reach far back into Scottish history. The firstburghs were established in the twelfth centuryandtheirnumbergrewasdomesticandforeigntradeincreased, forming the basisofacomprehensive, iffragmented, local government system. The Local Government (Scotland) Act 1929 abolished many of the smaller units of local administration, introduced the landward districtsandthesub-divisionoftheburghsintolarge andsmallburghs. Itcreated5kindsoflocalgovernmentunit,eachwithanelectedcouncil- counties of cities, counties, large and small burghs and landward districts-430 unitsinall. Apartfromthe cities, therefore,therewasa multi-tiersysteminoperationuntil1975. 4. Before and after the Second World War, the role of local governmenthadchangedandexpandedconsiderably andby the 1960s, the urgentneed for further reform was generally acknowledged. The range and number oflocal government units was perceived to be too great and, following the Report of the Royal Commission on Local GovernmentinScotlandchairedbytheRtHonLordWheatley, amuch 5 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit simplifiedandrationalisedsystemoflocalgovernmentreplacedtheold. TheReportcontainedathorough analysisofthe caseforreformas well as detailed recommendations on the structure, functions, constitution andinternalmanagementoftheproposednewauthorities. 5. ManybutnotalloftherecommendationsofLordWheatley’sreport wereacceptedandgiveneffectinthenewsystem. Themostsignificant departuresfromLordWheatley’sproposalswerethecreationof9 rather than 7 regional authorities, with the proposed south east region eventually being divided up into the 3 regions of Borders, Fife and Lothian; the creation of 53 rather than 37 districts; the allocation of responsibility for housing to the new districts rather than the regions andthecreationofthe3all-purposeislandsauthorities. 6. Lord Wheatley's Report considered in detail the question of functions and how they could best be discharged. It concluded that a two-tier system offered the best solution with the regions having responsibilityforlarger-scaleservicesandthemorelocalservicesbeing providedbythedistricts. Thisisthesystemwenowhave, although the sizeofbothregionsanddistricts,intermsofpopulationandarea,varies enormously. AnnexesAandBshowinmapformtheexistingstructure andgivedetailsofpopulation,landareaandpopulationdensityforeach localauthorityunit. AnnexCsummarisesthemaincurrentfunctionsof regions,islandsanddistrictsandAnnexesDandEprovidedetailsofthe levels of expenditure, both current and capital, incurred by local authoritiesontheirrespectivemainfunctions. 7. Community councils are a distinctive feature of the Scottish system. Although neverenvisaged as a third tier oflocal government, they were designed to "express the voice of a neighbourhood” and to provide a counter-balance to the new larger units with which communities or neighbourhoods might find it difficult to identify. Community councils have no specific statutory functions, other than actingasamouthpieceforthepeopleoftheirarea, andno independent power to raise revenue nor any statutory right to funding from local authorities. Districtandislandscouncilshave,however,adiscretionary power to assist community councils financially. A paper published by theCentralResearchUnitoftheScottishOfficeinSeptember 1985 - "A Review ofCommunity Councils in Scotland 1983-84" - indicated that there were well over 1,000 community councils in Scotland, that they werenomoreprolificinruralthaninurbanareas andthattheycarried out a wide range of activities. Some were clearly effective but the 6 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit findingsabouthowrepresentative andinfluential they were ingeneral t8.ermswereinconclusive. itwasacknowledgedfromtheoutsetthatthesuccessful operation of a two-tier system would depend heavily upon close working relationshipsandeffective co-operationbetween districtand region. It also presupposed a substantial and distinctive role for each ofthe two tiers. A Committee ofInquiry was set up under the Rt Hon Anthony StodartinDecember 1979toreview theworkingrelationshipsbetween the new authorities and to recommend whether any transfer or rationalisationoffunctionsbetween themwasdesirable. As aresultof its Report, the division offunctional responsibilities between the tiers was clarified and, with certain very limited exceptions, each function became and remains the specific responsibility ofone tier only. Even with this clarification, however, the changes in both the role and functions oflocal government which have taken place over the last 16 years call into question whether the two-tier system is the most appropriateoneforScotland’scurrentandfutureneeds. hscaseforchange 9. There are several powerful arguments in favour ofchange. The present system is not readily understood and there is considerable confusion in the publicmind about which tier is responsible for what. This cannot be healthy and leads inevitably to a clouding of accountability. Itisalsoclearthatoldallegiances,particularlytosome of the old counties and county towns, live on and that some of the regionalauthoritiesareseen as too large andtoo remote fromthe local communitiestheyserve,evenwherethereareoperationaladvantages. 10. Inmorepracticalterms,thetwo-tiersysteminevitablyresultsin a measure ofduplication and waste. This is particularly true ofcentral administrative structures which both tiers provide, for example personnel,financialandlegalservicesandestatemanagement. Despite changes made to rationalise the system following the Stodart Report, duplicationcanalso ariseinthecontextofconcurrentfunctions suchas industrialdevelopmentandurban renewal. Whatare more difficultto quantify, butundoubtedly exist, are the delays and friction which can anddo arisebetweenthetiers on programmesofaction requiringjoint activity, according to amutually acceptable timetable, by a variety of functional interests. Such programmes can also involve public and 7 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit privatesectorbodiesotherthanregionsanddistricts,whichcompounds theproblems. 11. Therehavebeensignificantchangessincethecreationofthe two- tiersystem- internal and external changes affectingboth regions and districts. Governmentpoliciesarenowdesigned:- to increase the choices open to the consumer of local authority services; to give the consumer a greater role in determining how those servicesshouldbedelivered; toencourageauthoritiestoconsideralternativemethodsofservice delivery;and toworkinpartnershipwiththepublicandprivatesectors,aswell aswithindividuals. 12. Thecreationofschoolboards,theoptionofself-governingstatusfor schools,thepromotionofhomeownershipandgreaterchoicefortenants withintherentedhousingsector, the deregulation andprivatisation of transport services, the co-operative attempts to tackle the problems of urbanrenewal, the impact ofcompetitive tendering - all ofthese have hadamajorimpactonlocalauthorityservices. Theyhavechangedthe way in which authorities discharge their statutory functions and the wayinwhichtheyorganisethemselvesadministratively. Theemphasis nowisincreasinglyontheenablingroleoflocalgovernment,ratherthan ondirectserviceprovision. 13. Overtheperiodauthoritieshaveneededincreasinglytoestablisha complexnetworkofexternallinkswitharangeofpowerfulpublicsector bodies, such as the Scottish Development Agency, the Highlands and Islands Development Board, (now Scottish Enterprise and Highlands and Islands Enterprise) Scottish Homes, the Nature Conservancy Council andthe CountrysideCommission for Scotland. New links are beingforgedwiththeLocalEnterpriseCompanies(LECs)andwillneed to be established with Scottish Natural Heritage. The role of these bodies has had and will have a significant impact on local authority functions. For example, the encouragement ofeconomic development, perceived by Lord Wheatley's Commission as a key local authority responsibility underthe title ofeconomic planning, is now largely the taskofScottishEnterprise andtheLECs. Authoritiesnow alsoneedto PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit work closely with the Scottish Office and other relevant Government DepartmentstotakeintoaccounttheEuropeandimension,theworkand resources of the European Commission and the effect of the single Europeanmarket. 14. Hand in hand with all these changes the Government have encouraged increased emphasis on value for money, strong financial managementandpublic accountability. There is now a greater public awarenessofhowlocalauthoritiesspendtheresourcesavailabletothem and the standard ofservice they provide. The Government intend to build on this. Given the finite nature of the financial resources available,authoritiesneedtodeterminetheirprioritiescarefully,tocost theiractivitiesrigorouslyand accuratelyandtoconsider allreasonable optionsopentothemfordischargingtheirfunctions. Themanagement oflocalgovernmentisanincreasinglycomplextaskandthedemandson andexpectationsofthesystemhavechangedandgrownsince1975. 15. The Government believe that the present two-tier system now presentsrealobstaclestolocal governmentinmeetingthe challenge of change successfully and acts as a brake on desirable and necessary initiatives. Thecaseforsingle-tier 16. Theargumentsinfavourofsingle-tierare,inthemain,themirror image ofthe criticisms ofthe present two-tier system. A single-tier systemissimpletounderstand. Itremovesconfusioninthepublicmind aboutwhereresponsibilitywithinlocalgovernmentlies. Bydefinition, therefore, it clarifies accountability. It removes the potential for duplication, waste, delay and friction between the tiers. It allows free scopeforsensibleandimaginativeco-ordinationoffunctionalactivity. It increases the capacity ofauthorities to operate as enablers, to identify needs and priorities and then to take swift and effective action. It facilitates a flexible response and allows bestuse to be made ofscarce financialandhumanresources. 17. The advantagesofa single-tiersystemwere acknowledged by the WheatleyCommissionalthough,inthefinal analysis, theyjudged itto beunworkable because ofthedifficulty, in theirview, ofreconcilingin one tier the conflicting interests and requirements of large scale and local services. The Governmentbelieve, as already indicated, that the position as regards many services has changed significantly since the PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit 9 Commission reported. The Stodarfc Report of 1981 commented on the criticismsofthetwo-tierstructurewhichhademergedfromtheevidence submittedtothemandonthesubstantialsupportexpressedforasystem ofunitary authorities. Many believed at that stage that only such a system would produce "a wholly satisfactory system of local government". 18. Thecaseforasingle-tierstructurehasgrownstrongeroverthelast decade as the role oflocal governmenthasbecome increasingly thatof enabler.TheGovernmentbelievethatthetimeisnowrighttomovetoa single-tiersystemthroughoutScotlandandthatthisisthesystemwhich willbestmeetScotland’sneeds. If,however,inthecourseofthereview, convincingargumentsemergein aparticularareaforastructure other thansingle-tier,thesewillbegivencarefulconsideration. Principlesonwhichthenewsystem, shouldbebased 19. The Government believe that the following principles should underpinthenewsystem. 19.1 The new system should be firmly rooted in the democratic tradition. 19.2 Thenewsystemshouldnotbebasedexclusively on eitherof theexistingtiers. 19.3 Thenewunitsneednotbeofuniformsize. 19.4 They should reflect local loyalties and allegiances and be truly representative of them. Geography, natural physical boundaries and travel to work patterns all need to be taken into account. There may be a case for reviving the old county boundariesinsomeareas. 19.5 Theyshouldbestrong,cost-effectivelyresourcedandcapable ofdischargingtheirstatutoryfunctionseffectivelyandefficiently. 19.6 Theyshouldbeclearlyaccountabletotheirelectorate. Each elector is entitled to clear and unambiguous information and explanations about what local governmentis doing on his or her behalfandhowitisdoingit. 10 PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit
The list of books you might like
