RENEWING LOCAL DEMOCRACY: THE NEXT STEPS
CHAPTER 1: INTRODUCTION
1. Local government delivers vital public services across Scotland. It also provides visible local democracy and democratic accountability for the decisions made in relation to those services. Local government is key to Scotland's success. It provides local representation, the delivery of many vital services, a large element of local choice in service delivery and a strong framework for community initiatives, leadership, governance and accountability. Within the still new devolved arrangements in Scotland, the Executive wishes to put in place the conditions to see vibrant local representation and to see local government flourish. In particular, Ministers wish to see councils represent the communities they serve and to have elected representatives from diverse backgrounds enabled to take part in the governance of their community.
2. The importance of local government was underlined by the establishment of the Commission on Local Government and the Scottish Parliament under the chairmanship of Sir Neil McIntosh. The report of that Commission was the subject of the first substantive policy debate in the Scottish Parliament on 2 July 1999, and made a total of 30 recommendations about councils' relations with Parliament and Ministers, the electoral system, the conduct of council business and community councils. (The report can be found at http://www.scotland.gov.uk/library/documents-w10/clg-00.htm).
3. The Partnership Framework drawn up by the Executive and the Convention of Scottish Local Authorities (CoSLA) in May 2001 sets out the respective roles and functions of the Executive and local authorities:
'The Executive is responsible for developing public policy at a national level, for bringing appropriate legislation before the Parliament as necessary, and for the discharge of the functions assigned to Ministers by legislation.
Councils have a democratic mandate to ascertain the needs of their communities and the priorities of their electorates; to plan, co-ordinate and ensure the delivery of local services accordingly within the legal framework laid down by the Parliament.'
4. Local government has already benefited from the partnership approach adopted by the Executive. Significant new flexibilities, freedoms and powers have been, or are about to be, gained by Scottish local government. Legislation has been passed to provide Scottish local authorities with a 4-year term to allow for effective planning over a longer timescale. A Bill is currently being introduced to provide for a power of well-being - which the McIntosh Commission referred to as a power of general competence - and to provide a statutory underpinning for community planning. In addition, expenditure guidelines have been removed and firm grant distribution figures provided in a 3-year settlement stretching up to 2003-04.
5. Alongside issues to do with powers and resources, the Executive has also been considering carefully the issues of governance which arose out of McIntosh, and which were the work of subsequent groups in the form of the Renewing Local Democracy Working Group (the Kerley Group) and the Leadership Advisory Panel (LAP). (The relevant reports can be found at http://www.scotland.gov.uk/library3/localgov/rlap-00.asp and http://www.scotland.gov.uk/library2/doc16/rldw-00.asp ).
6. This is a working document, which provides an opportunity for the Executive to propose new policy, and listen to the views expressed in response. It also provides a platform for the Executive to be explicit about what it does not intend to do. In this respect, Ministers wish to make clear that they are not proposing to make changes to either council boundaries or the number of councillors. Ministers are aware that many councils are still feeling the effects of the 1996 reorganisation of local government and need a period of stability to allow them to concentrate on their key task of delivering effective and efficient services. Consequently Ministers wish to take this opportunity to make clear that they are not planning a review of council boundaries or a reduction in the number of councils in the foreseeable future.
7. The question of ward boundaries is a little different. The Kerley Group made a number of recommendations in respect of ward boundaries, on the assumption that there would be a change to the electoral system for local government. The question of the most appropriate electoral system for local government is considered in Chapter 3 of this document. The possible implications for the number of council wards are noted there.
8. The Kerley Group also made a number of recommendations aimed at reducing the number of councillors across Scotland. Ministers have concluded that they do not wish to make a wholesale reduction in the number of councillors at this time. If, however, individual councils wish to bring forward proposals for a reduction in the number of councillors in their own area, Ministers would be willing to consider these sympathetically.
9. The purpose of this paper therefore is to emphasise the importance of local government in the Executive's overall policy framework, and to provide an Executive response to the issues of governance covered in previous reports. The timetable which the Executive published in December 2001 for the next steps in taking forward the principles of Kerley is attached at Appendix A. This document is the next step in that process.
10. The Executive's views are not prescriptive. Views are sought in response to the analysis given and the questions posed. The Executive wishes to see an extensive debate on the issues raised in this paper and hopes that all the relevant interests in Scotland will contribute. Local government is vital to the future of Scotland and for the delivery of high quality public services. It is important, therefore, that any proposals on governance command as wide support as possible. The Minister and Deputy Minister for Finance and Public Services will be meeting with interested parties throughout Scotland over the coming months to discuss the questions raised in this paper. It is intended that the Executive's views on the next steps in relation to legislation and the future governance of councils will be published shortly after Parliament reconvenes in September.