Memorandum by Professor Gerry Stoker,
Chair, New Local Government Network, and John Williams, Executive
Director, New Local Government Network (LAG 44)
THE STRUCTURE OF THE EVIDENCE
This evidence has been structured into five
sections:
1. Why was the committee system in need of
reform?
2. How effectively can we assess any of the
new models?
3. How is political management consultation
being conducted?
4. What are the threats and opportunities
of the new arrangements?
5. Why either mayor model is overwhelmingly
attractive
1. WHY WAS
THE COMMITTEE
SYSTEM IN
NEED OF
REFORM?
The Government brought forward legislation in
1999 to address the perceived shortcomings of the "committee
system", which was the only formal decision making structure
available to councillors in British local government.
Until the passing of the Local Government Act
2000, Britain was one of the only countries in the western world
whose decision-making structures in local government were organised
in such a fashion. The committee system had several fundamental
flaws:
Conflict of interest: a fundamental
flaw ripped through the heart of the committee system that involved
councillors occupying two roles at the same time. On the one hand
they were decision-makersagreeing priorities and executing
decisions. On the other they were expected to scrutinise the performance
of the local authority. When a policy was found to be ineffective
or needed to be reviewed, often the very same councillors who
were involved in making the original policy decision would be
responsible for undertaking the review.
Lack of clarity: it was never apparent
to the media, interest groups or local people, who was responsible
for key decisions made within the local authority. Was it the
lead committee? Was it the P & R Committee? Was it the Chair?
The Leader? The Mayor? The Chief Executive? The full council?
Decision making structures were impenetrable to the outsider.
Poor quality and illegitimate decision-making:
committee meetings very rarely encouraged constructive debate
and dialoguecouncillors suffered from information overload
and were pressured into adopting decisions taken by the party
group. Major decisions were nearly always made before the charade
of the committee meeting was played out. In many places a small
leadership clique of councillors and officials met behind closed
doors and made the decisions. The committee system too often gave
a spurious legitimacy for decisions made elsewhere.
Ineffective scrutiny: there was no
formal mechanism for supporting and conducting the scrutiny of
policy or the effectiveness of executive action. The practice
and pressure of group discipline ensured that such issues would
be dealt with behind closed doors and out of the public and media
spotlight.
Under the committee system, political leadership
often `emerged' from smoke filled rooms, where deals had been
done, horse-trading completed to position colleagues in this post
or that. The electorate were, of course, the last people to know
or have any influence over the outcome. Winning the leadership
of the local authority meant focusing upon the needs of a certain
number of your political colleagues, not necessarily the electorate.
Sometimes the two may have coincided, but more out of luck, rarely
out of design.
Leadership depended upon the votes of the party
group and a small sprinkling of electors. A leader, who's powers
and influence were considerable but unaccountable, often drew
legitimacy from a mandate of less than 1,000 electors when the
total electorate could be upwards of 500,000.
Of course all of this resulted in an impenetrable
system of decision making and one of the least legitimate political
systems in Europe. Turnout levels in recent years have fallen
to dramatically low levels. There are a variety of reasons to
explain this but we would argue that the system of decision making
and the lack of scrutiny militated against local government communicating
its message and providing the right framework within which it
would be focused upon the needs of the electorate.
2. HOW EFFECTIVELY
CAN WE
ASSESS ANY
OF THE
NEW MODELS?
Evaluation of any of the new political management
models introduced as a result of the Local Government Act 2000
should at this point, be treated as of limited value because no
council is operating any of the three models (four in the case
of a district) within a proper legal framework. What is currently
taking place is a limited number of experiments of the cabinet/leader
model, operating a muddled system of the old and new. Moreover
new institutional arrangements should be assessed after some time
has lapsed in order to gauge their success. The new arrangements
introduced in Oslo, Norway have just been subject to a rigorous
evaluation some six years after their establishment. In the short
what we require is not evaluation but good practice and support
guides to enable the change to be as effective as possible.
The official guidance has recently been published
(October 2000) and it contained a number of important modifications
to the Act, such as the requirement for forward plans for the
taking of key decisions, which means that evaluation of this crucial
aspect of the reform is almost meaningless at this point.
Two of the three new models (elected mayor/council
manager and elected mayor/cabinet) are not in operation even in
an experimental form in any local authority. Referendums, which
are needed to trigger a move to either system, are likely to take
place in a small number of authorities in May 2001 at the earliest
for example Berwick upon Tweed District Council. A larger number
of referendums are likely to take place in the autumn 2001, some
driven by the council and some the result of local petitions.
A decent period of time will be needed to make
a worthwhile and proper assessment of the changes in order to
monitor effectiveness, impact upon relationship between the council
and the public and the cultural change amongst members and officers.
A worthwhile evaluation of any of the models may not be possible
until 2004-05.
3. HOW IS
POLITICAL MANAGEMENT
CONSULTATION BEING
CONDUCTED?
Rather than abolishing the committee system
and replacing it with one particular form of political management
system, the Government wanted to provide local communities with
a choice between three models. The local community was meant to
determine what political management system should govern the locality.
The Government believed that by engaging the
community in consultation and ultimately in a referendum for two
of the three models, local people would begin to become more reconnected
with their local political structures. For consultation to be
a meaningful and transparent exercise, it relied upon local authorities
taking an objective perspective from any preferred model and organising
consultation exercises that draw from qualitative and quantitative
surveys of public opinion to inform their judgement. The reality
has been that in many places, local authorities have a preferred
model (nearly always the cabinet/leader model) and have sought
to organise consultation processes to reflect this preference.
A fair and objective consultation around two of the three models
has been absent in a number of places, encouraging local activists
to lose faith in the process and begin their own petition campaign.
We have collected a range of evidence from many people, including
a number of serving councillors, to testify to this view:
"To date there has been almost no debate
over the concept of an elected mayor. Such debate as has occurred
has been confined to the Council Chamber and has not involved
representative public participation. The Council moved rapidly
to adopt a pilot Leader and Cabinet model."
Plymouth Campaign for an Elected Mayor
"There has been a considerable amount of
misinformation politically motivated to oppose the elected mayor
option."
Berwick upon Tweed Mayor Campaign
"Residents are invited to complete a questionnaire
at the end of the leaflet which includes the question, `Would
you support a full referendum of all 132,000 local voters on the
models outlined in this leaflet (at an approximate cost of £50,000)?'
This question has the potential to confuse the electorate, as
what is being proposed is not a binding referendum. It also appears
to be designed to discourage support for a referendum through
the inclusion of cost details."
Bath and North East Somerset Campaign for an Elected
Mayor
"There is no pretence of fairness. This
is perhaps the most flagrantly biased `consultation' I have experienced
in 24 years in local government. This has involved circulating
to every household the anti-elected mayor views of the two group
leadersthe first time an opposition leader has ever had
his views circulated in a council publication."
Cllr Paul Tinnion, Campaign for Elected Mayors
in the North
Why are some local authorities doing this? What
vested interests are they trying to protect? It is clear that,
although the Government had the best of intentions when it asked
local authorities to consult their communities on which model
they preferred, it did not account for a range of political and
managerial vested interests forming coalitions to deliver a particular
outcome.
There has been two pincer movements taking place.
At one end are the political elites who have become accustomed
to managing the subtleties and complexities of a familiar system,
understand its power bases and how to construct alliances. At
the other end exist a group of councillors, (unfortunately increasingly
tagged as `backbenchers', with all the connotations of Westminster
that go with it), who are concerned that their previous `input'
into decision making processes, through their place on a committee,
will be erased as a result of the introduction of any of the models.
Much of the anxiety that surrounds the introduction
of either of the elected mayor models has been based on a fear
of what an individual councillor's role would be under such a
system. Often they believe that, unless they are the mayor or
a member of the cabinet, they would have little or no role to
play. The reality of course is that nothing could be further from
the truth. Either of the elected mayor models provide a positive
and full policy making role for every councillor, from the setting
of the overall council policy framework, from within which the
mayor must operate on a day to day basis, to the formulation of
the budget, which the full council must approve. Too often a combination
of misinformation and misunderstanding has dominated the debate
thus far and has filtered its way through to councillors and is
exposed in inaccurate and misleading consultation.
Where consultation leads to no conclusive view
one way or the other about a preferred model, local authorities
should be under an obligation to put the matter to a referendum.
Only then will local people be guaranteed an opportunity to decide
and proponents of each system could argue the merits or otherwise
in the full glare of the public spotlight. Indeed a small number
of local authorities, after embarking upon a full and fair consultation
process, have decided to put the matter to a referendum (Brighton
& Hove City Council and Birmingham City Council). They are
to be congratulated for acting in the spirit of the legislation,
despite the reservations of a number of councillors within each
of the local authorities towards the elected mayor model.
4. WHAT ARE
THE THREATS
AND OPPORTUNITIES
OF THE
NEW SYSTEM?
Scrutinythe introduction of a formal
scrutiny mechanism within local government could lead to move
effective policy development and evaluation of executive decision
making both within and outside the local authority. For scrutiny
to be effective there will need to be a less partisan approach
to the conduct of investigations or policy overview. That will
only come about if all political parties put an end to the practice
of `whipping' on committees. Scrutiny also requires dedicated
resourcesboth officer and financialto execute a
process effectively. Most local authorities are still unsure about
the amount and the type of resources that should be dedicated
to the scrutiny process. Although one of the benefits of local
experimentation with the scrutiny process is the creation of a
wide range of different processes and practices from which others
can learn, there might be an argument for establishing a clear
national baseline protocol or framework for scrutiny in the future.
Scrutiny can be far more demanding and intensive
than the old committee system and as such requires a greater input
from councillors than before. If constructed in the right way
and resourced properly, overview and scrutiny could be an important
opportunity for bringing user groups, community activists and
consumers into the process. Sometimes this could take the form
of being active participants as a scrutiny committee member, but
more often than not it should take the form of involvement through
presenting evidence and helping to frame questions.
Officersthe introduction of any of the
three new models heralds a period of uncertainty for many senior
officers in local government. For many there is a lack of clarity
about future roles and responsibilities, with the distinction
between policy formulation and operational management becoming
increasingly blurred. During the past 12 months a number of senior
local authority Chief Executives have left local government. What
is unclear at the moment is whether this is the result of the
early experiments with the cabinet/leader model or the failings
of an old culture imposed on new structures.
What is clear is that full or part time executive
councillors in local government should not represent a `threat'
to professional managerial expertise. We do not question the need
for professional management within the civil service even though
we have several full time politicians within each Government department.
Politicians are not there to replace the professional expertise
and judgement of officers. The changes should be about identifying
and valuing the political role. This can take a variety of forms:
an outward public focus within the community explaining decision
making, reconciling conflicting needs, providing a vision for
where the area should be, listening and responding, brokering
between the players at the local level and between the centre
and local. Only a politician, with the legitimacy and mandate
of the community can perform these tasks well.
Either of the elected mayor models in particular
offers a tremendous opportunity to attract and release new officer
talent and to break the established boundaries of managerialism
in local government. The recruitment of Bob Kiley from New York
to head Transport for London broke all traditional notions
of public sector pay and demonstrated how an elected mayor, driven
by a need to deliver on this most important issue for Londoners,
will seek out the best professional expertise in the world.
Open decision-makinga lot of prominence
has been given to the issue of so called `secret' cabinets, where
important decisions are taken in a private forum. At one level
this has now been addressed with the publication of the statutory
guidance on forward decision making which states that all `key'
decisions (as defined by the full council) should be publicly
notified in the rolling forward plan and made at public cabinet
meetings.
It would be wrong however to believe politicians
in the committee system ever made key decisions in public. They
may have gone through the formal process of taking them
in the public, but more than likely they were decided before
the meeting took place in a variety of forums (the political group,
the leaders office, the lift, the pub). Politicians in the future
will continue to need a space in which options can be debated
in private.
If we are to deliver a culture of open and transparent
decision-making, we need to go beyond the narrow confines of the
`open versus closed' cabinet debate and look to a range of ways
in which the executive can be held to account. For example it
is common practice in many European and American cities to hold
regular press conferences, where decisions taken have to be justified
and scrutinised immediately.
Representative rolethe final challenge
is ensuring that the individual representative role is enhanced
and promoted. Freed from the constraints of party discipline and
collective `by-in' to every decision taken, individual councillors
should be able to promote the interests of their community more
effectively. They can speak more freely as a champion of their
local ward and as a community leader in their own right. The most
important point is to make sure that they are properly resourced,
both personally and through office support, to ensure that they
can undertake this task.
5. WHY EITHER
MAYORAL MODEL
IS OVERWHELMINGLY
ATTRACTIVE
The cabinet/leader model, if accompanied by
substantial changes in culture, may lead to slightly greater transparency
and visibility of decision making. But will it be enough to dramatically
improve the accountability and responsiveness of local government
to the needs of its communities? This seems unlikely as, indeed
the evidence bears out, many councils are opting for the cabinet/leader
model precisely because it is a model that is closest to the existing
culture and arrangements.
The two mayoral models are the only models that
offer a radical departure from the past or recognise the primacy
of the electorate in the construction of leadership within the
community. It should not be restricted to unitary or urban areas:
visible and accountable leadership is just as essential a requirement
in rural communities and two tier councils. The mayoral model
has caught the imagination of local people from a wide range of
communities, challenging the widely held belief that it is only
a model for large urban centres:
"Berwick upon Tweed geographically is at
a disadvantage being located on the Scottish Border with the North
Sea to the east. It is essential to be accountable to the residents
for good services, transparency in decisions of management and
capable of regenerating the local economy in an effective, efficient
and economical manner. Having consulted widely with the community
we are confident that this is the way forward. A large number
of people from all social and professional backgrounds have been
supportive in signing the petition."
Brian Douglas, Berwick upon Tweed Mayor Campaign
"I believe it is more democratic than the
leader/cabinet system. There's a requirement for a person who
can focus on the needs of all Oxford people. Someone who is accepted
as the leader of the City by the private and voluntary sectors
and other statutory bodies."
Stan Taylor, DEMOX (Directly Elected Mayor for
Oxford)
"I have believed for several years that
the present system of running local authorities, while it may
have been effective in the past, often fails to provide real local
democracy and frequently lacks any real accountability. I believe
this is especially true in one-party areas."
Cllr Paul Tinnion, Campaign for Elected Mayors
in the North
"Local Authorities, more than most organisations
need effective leadership. They are often unable to act alone,
requiring complex partnerships to fulfil local needs and balance
interests. Leadership in this scenario cannot be provided by a
committee or even a leader who must face an annual vote of confidence
by a Council. Plymouth is a City, which is distinct in many ways.
An Executive Mayor would provide a focus and a leader for the
City."
Plymouth Campaign for an Elected Mayor
"In Bath and North East Somerset no party
has an overall majority of seats on Council. There is a lack of
clear and visible leadership and it is unclear who is responsible
for decisions. Whilst across the country most councillors and
councils appear to prefer the cabinet with leader option, this
appears to be less about improving local governance and more about
a concern to preserve the status quo. A leader from within the
council would also be a ward councillor representing Bath or one
of the other areas covered by the authority. A ward councillor,
concerned with ward issues, will not act as the unifying force
needed to address the needs of Bath and North East Somerset as
a whole."
Bath and North East Somerset Campaign for an Elected
Mayor
"I'm campaigning to give local people a
direct access to council services through a leading local figure
who would be visible and accountable. With time and proper constitutional
checks and balances local people will see the difference a mayor
can make by more responsive services. There is genuine interest
and support for a directly elected mayor. In Southwark last year,
in a borough-wide consultation exercise, this option came first."
Cllr Ian Wingfield, London Borough of Southwark
However, despite their enthusiasm for change,
many local activists are finding the mechanism of raising a petition
a difficult and challenging task for a variety of reasons:
"Raising a petition takes time and effort.
The difficulties associated with identifying sufficient volunteers
to go out on the streets and collect signatures on a regular basis
should not be underestimated."
Bath and North East Somerset Campaign for an Elected
Mayor
"Sympathetic activists, especially councillors,
are very reluctant to oppose their group leaderships by becoming
involved in a petition. Five percent in a council of any size
is a very high hurdle and should be replaced with a flat figure
plus a percentage, say one thousand and one percent. The cost
is also substantial."
Cllr Paul Tinnion, Campaign for Elected Mayors
in the North
Despite the difficulties and challenges that
many local campaigns face, there is clearly a strongly held belief
that either mayoral model remains the most effective model for
delivering a radical improvement in local governance. This could
be summarised as:
Responsive leadership: the mayoral
model is outward facing and responsive to the needs of the community.
Internal party political management within the council is very
much a secondary concern.
Accountable leadership: a mayor is
a visible political leader and is more accountable to stakeholders
and the wider electorate. Under the current committee system most
leaders are identified by less than 5% of the local population.
There is nothing to suggest that the cabinet/leader model will
significantly change this figure.
New political players: the mayoral
model provides the best opportunity for the emergence of a new
generation of local and regional political elites. This is the
only model in which `outsiders' can challenge for the post without
having to serve an apprenticeship on the council. The visibility
and prominence of the post is likely to attract many candidates
who previously believed that Westminster was the nirvana of political
experience.
Electoral competition: elected mayors
would put an end to the `one party states' almost overnight. Independents
could challenge successfully for the position. The electorate
would be more interested in the qualities, vision and competencies
of the candidate rather than his or her party label. Once elected
no mayor could take his or her re-election for granted.
Political legitimacy: the mayoral
model offers a great opportunity to resurrect the dying political
legitimacy of local government. Mayors would need to be elected
with thousands of votes. The power of this direct electoral legitimacy
is already being seen in London.
Localisation of politics: mayoral
elections would be about the local community and not the performance
of central government. We would return to a conversation about
the local, as we did in London, with transport being the No.1
issue for many Londoners, not the general performance of the national
economy.
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