RENEWING LOCAL DEMOCRACY: THE NEXT STEPS
CHAPTER 2: REMOVING BARRIERS
Introduction
11. In bringing forward the proposals set out in this paper, the Executive has had 2 broad aims in view:
11.1 Ministers desire to make councils more representative of the communities which they represent, both by doing what they can to encourage people from groups which are currently under-represented to seek election, and by considering whether the current electoral system is the most appropriate one for achieving this aim. This chapter considers ways in which people from under-represented groups can be encouraged to stand for election, while the electoral system itself is considered in detail in Chapter 3.
11.2 Ministers wish to support those who have been elected to serve their local communities in carrying out that important task, and to enable them to take on additional responsibilities, if they are invited and choose to do so, over time. Some ways in which councillors can be supported are covered in this chapter. The specific issue of councillors' remuneration, and proposals for the way in which councillors should be remunerated in future, are set out in Chapter 4.
12. In seeking to achieve these broad aims, Ministers have concluded that the key factors of which they wish to take account in considering options for change are:
12.1 Encouraging the widest possible range of people to serve as councillors;
12.2 Recognising that people will have diverse personal circumstances;
12.3 Removing any inappropriate barriers to serving as a councillor;
12.4 Ensuring that councils are representative of the communities they serve; and
12.5 Allowing for progression to enable councillors to assume more responsibilities over time.
There are other additional factors of which Ministers wish to take account when considering the most appropriate electoral system for local government, and the system of remuneration for councillors, and these are set out in the relevant chapters.
The Case for Change
13. Research suggests that the motivations behind people's desire to serve as a councillor vary, but the majority of councillors cite a desire to do good in the community as their prime motivation. The decision to seek election as a councillor is not therefore the same as any other career choice. Often people decide to seek election while pursuing their chosen career. Over time, their involvement in the work of the local authority grows. This is particularly true of those who choose to take on additional responsibilities within the council, whereupon being a councillor becomes akin to a full-time occupation, inevitably leading to a conflict with their original career. Indeed, the long hours involved, and the difficulties in juggling home, work and council responsibilities are some of the main reasons which ex-councillors give for ceasing to serve. (Others include decreasing opportunities to make a difference, lack of privacy, and negative public perceptions and media coverage.)
14. According to the joint Scottish Local Government Information Unit/CoSLA report, published in September 1999, 'the average Scottish councillor is white, male, aged 53, lives in his own house, owns a car, has a degree or professional qualification, and works in a professional or managerial job'. Although this is a description of the 'average' councillor, and there is, in fact, wide variation in both the age and the career patterns of serving councillors, this summary does highlight the fact that a substantial proportion of the community is under-represented on councils. This is most striking in the case of women (22% of councillors, but 52% of the Scottish population in 1999), but is also true of younger people, people from minority ethnic backgrounds and people with disabilities.
15. It seems clear that councillors are not motivated by the level and type of remuneration available to them. However, it is also clear that more needs to be done to encourage the many, very capable, people from groups which are under-represented in councils, to stand for election as councillors. It is important therefore that the level and type of remuneration available does not actively discourage people from serving, and that it is sufficient to support councillors both in carrying out their day to day activities, and, where appropriate, in choosing to take on additional responsibilities within the council.
Encouraging People to Serve
16. A significant amount of work has been done in recent years on ways of encouraging individuals in under-represented groups to serve as councillors. In June 1999, the McIntosh Commission recommended that 'councils should carry out a close and critical examination of the nature, volume and timing of business; all with a view to organising business so that a wider cross-section of the community could realistically consider taking on the responsibilities of council membership.'
17. Ministers therefore asked the Kerley Group to 'consider ways in which council membership could be made attractive to a wider cross-section of the community, and councils could become more representative of the make-up of the community'. The Kerley Group's report included 21 detailed recommendations aimed at widening access to council membership. These range from reviewing the level of administrative support provided to councillors to reviewing councils' business arrangements to facilitate the involvement of an increased number of councillors who may have other responsibilities as well as their council activities. Most of the recommendations made were the responsibility of councils, Convention of Scottish Local Authorities (CoSLA), political parties and equalities groups, and are not therefore considered in detail here (the recommendations which were the responsibility of the Executive are included in the specific proposals set out below).
18. Ministers wish to take this opportunity to stress the importance they attach to making councils more representative of the communities they serve, and to encourage those with the lead responsibility in this area to take these forward. Some progress has already been made in this area. For instance, councils' business arrangements are being reviewed as part of councils' ongoing reviews of their political management structures. Individual councils are also making progress with reviewing the administrative support and training provided to councillors. Much more needs to be done. The Executive intends to discuss with CoSLA, local authorities and other bodies ways in which progress can be stimulated in this area.
Removing Barriers
19. As well as encouraging people from currently under-represented groups to seek election, Ministers have been considering whether there are other practical ways in which they can assist women, young people, people with disabilities, and those from minority ethnic groups who wish to stand for election as a councillor. They are aware that some existing pieces of legislation prevent specific groups of people from standing for election as a councillor, and hinder councillors from making efficient use of their time. Some action has already been taken. For instance, the Sex Discrimination (Election Candidates) Act 2002, which has just completed its passage through the Westminster Parliament, will allow political parties the freedom to introduce positive measures to encourage women when selecting candidates for election. In Scotland, this legislation will extend to elections to the European, Westminster and Scottish Parliaments and to local government elections.
20. The Kerley Group also noted the inconsistency between the current voting age (18) and the age for standing as a councillor (21) and recommended that these be brought in line. Ministers recognise that there are a number of reasons why young people are not actively involved in local politics, and some of the Kerley Group recommendations were aimed at addressing these. This inconsistency may not therefore be a major factor in involving young people. Ministers are, however, keen to remove what is essentially an artificial barrier to their involvement, and are committed to amending the existing legislation, when a suitable legislative opportunity arises.
21. The current legislation also restricts the political activities of council employees in two ways:
21.1 All local government employees are prohibited from standing for election to the council which employs them. If they wish to stand for election, they must resign from their job when they are nominated as a candidate; and
21.2 Local government employees in certain politically restricted posts are also barred from standing for election to any local authority, and from engaging in a range of political activities. Any post above an index-linked salary threshold is politically restricted, as are certain specific posts, and members of staff deemed regularly to give advice to councillors or to speak to the media on behalf of the council.
22. Ministers recognise that many local government officials may well have the skills and abilities needed to become effective councillors and that, in certain parts of Scotland where the local authority is a major employer, these restrictions may artificially limit the field from which candidates for election may be drawn. It is understandable that many council employees are reluctant to seek office as a councillor, when they are, in effect, being asked to gamble their job against the uncertainties of the ballot box. In a Consultation Paper published in November 2000, Ministers therefore proposed to revise the first of these restrictions by providing that council employees, other than those in politically-restricted posts may stand for election to the council which employs them without first having to resign on selection or nomination as a candidate. They would, of course, have to resign upon election as a councillor. Ministers also proposed to relax the second restriction by providing that the content of a post should be the sole determinant of whether it is politically restricted, rather than using an arbitrary measure such as a salary threshold.
23. Responses to the Consultation Paper showed wide-spread support for this approach. Ministers are therefore committed to repealing the legislation establishing a salary threshold and amending the legislation dealing with the requirement to resign on nomination as a candidate when a suitable legislative opportunity arises. They do not propose to amend the provisions which designate specific posts as politically restricted. These provisions are not, however, being interpreted consistently across Scotland at present. Ministers therefore intend to draw up non-statutory guidance providing advice in this area and establishing criteria for defining "posts providing policy advice" to ensure a consistent approach in future.
24. A small number of those who responded to the Consultation Paper also suggested that council employees who have had to resign their employment in order to become councillors should have the right to return to employment within the council at the end of their period in office. At present S67 of the Local Government (Scotland) Act 1973 Act prohibits all retiring councillors (not just those who are former council employees) from taking up employment with the council for one year after ceasing to be a councillor. This is a difficult area. There is a danger that people may question whether councillors can scrutinise the work of a council effectively and objectively if they might be employed by the council in the relatively near future. It might therefore be difficult simply to lift this restriction. At the same time, Ministers are aware that, particularly in areas where the council is a major employer, this restriction may cause real difficulties for retiring councillors seeking employment. There may therefore be a case for amending the existing legislation to alter the period over which former councillors are ineligible for employment by the council.
25. Ministers are also aware that other groups of public sector employees are subject to political restrictions, and are concerned that this may also be artificially restricting the field of candidates for election as a councillor.
26. The Kerley Group also highlighted the restrictions which current legislation places on the way in which councils conduct certain aspects of council business. In particular, Schedule 7 of the 1973 Act requires councils to issue certain papers by post rather than by more modern means of transmission, and requires councillors to be physically present at meetings, rather than using video or tele-conferencing facilities. These restrictions make it difficult for councillors, particularly those in remote areas, to conduct their business in the most efficient way. Ministers are keen to support councillors in the vital role they play in their communities and have therefore decided to remove these restrictions. It is intended that the necessary legislation will be brought forward in the Local Government in Scotland Bill due to be introduced to Parliament shortly.
Ministers would therefore be grateful for views on:
The issue of former councillors who wish to seek employment with the council after their period of service comes to an end; and
Whether the political restrictions relating to other groups of public sector employees are also artificially restricting the field of candidates for election and, if so, whether public bodies should be encouraged to adopt a similar approach to that proposed for council employees.