Controlling Power - Local Government

Question 1

County councils’ responsibilities

Answer 1

Provide around 80 per cent of the services in these areas, including schools, social services, public transportation, highways, waste disposal and trading standards.

Question 2

District councils’ responsibilities

Answer 2

Covers a smaller area and provides more local services, including council housing, local planning, recycling and refuse collection and leisure facilities.

Question 3

Examples of county councils

Answer 3

Cambridgeshire

Question 4

Examples of district councils

Answer 4

Cambridge

Question 5

Examples of metropolitan boroughs

Answer 5

Manchester

Question 6

Examples of unitary authorities

Answer 6

Cornwall - all of Wales

Question 7

Examples of combined authorities

Answer 7

Cambridgeshire & Peterborough, Greater Manchester

Question 8

Unitary authorities’ responsibilities

Question 9

London boroughs’ responsibilities

Question 10

Metropolitan boroughs’ responsibilities

Question 11

What is a combined authority

Answer 11

Since 2009, groups of local authorities outside London have been able to seek permission from Government to “combine” by pooling responsibilities and then receive certain new strategic powers in areas such as transport and economic policy.

The councils within a combined authority remain separate entities delivering their existing council functions, but are able to carry out new activities collectively across their region.

Ten regional areas have been successful in their bids to establish combined authorities.

Eight combined authorities are mayoral combined authorities, which means that they are led by metro mayors who are directly elected via supplementary vote. All mayoral combined authorities have agreed devolution deals with central government, in which additional powers and budgets have been transferred to the authorities from Whitehall. Metro mayors were introduced as a requirement of these deals.

One of the combined authorities that currently does not have a mayor, West Yorkshire, has now agreed with the government to move to the mayoral model.

Question 12

City of London

Answer 12

Represents the historic financial district. It performs the same functions as the others, but it is not formally a London borough – it has an ancient ceremonial status as a county, in fact the smallest county in England.

Question 13

Parish councils

Answer 13

At a smaller, hyper-local level, are parish councils. Usually operating in rural areas, parish councils cover small areas mostly representing under 2,500 people and just under a third of the country is covered by one.

Their only legal duty is to provide allotments, but they also have powers to run local neighbourhood facilities such as community buildings, parks, playgrounds and public toilets.

Question 14

Directly elected mayor

Answer 14

Most combined authorities have been required to create a new role of directly elected mayor as part of the new arrangements. These are often known as the ‘metro mayors’.

Question 15

Greater London Authority

Answer 15

London has its own unique form of ‘strategic authority’. Provides London-wide government, including special responsibility for police, fire, strategic planning and transport; and

The GLA is made up of two parts: an executive – the Mayor of London, and the London Assembly, which scrutinises the decisions of the Mayor and is made up of 25 Assembly Members.

Question 16

Who does what?

Answer 16

Question 17

Hybrid structure

Answer 17

A county in which the two tier structure remains in certain areas while others have adopted the newer unitary structure.

Question 18

Hybrid example

Answer 18

East Sussex: Lewes has a district and county. while Brighton and Hove has a unitary city council

Question 19

Impact of devolution on local government operation

Answer 19

Levelling Up policy under Johnson, and combined authorities in metropolitan areas.

Generally, each devolution deal includes a capital investment fund of between £450 million and £1.095 billion, which is paid in yearly instalments over three decades. These funds can be used to finance transport, housing, and development projects, such as High Speed 2 in the case of the West Midlands.

Deals also often include a devolved transport budget and powers covering the provision of business-support services and can develop land and infrastructure.
The adult education budget is also devolved.

Some mayoral combined authorities have also secured a wider range of devolved powers:
The deal agreed for Greater Manchester included powers over health and social care integration, children’s services, offender management, housing construction through a spatial development strategy, and devolved responsibility for police and crime.

Question 20

Decision-making processes

Answer 20

Directly elected executive mayor plus cabinet:
A directly elected executive mayor together with a cabinet of two or more councillors appointed by the mayor. The mayor is elected by the electorate for a four-year term using FPTP. The mayor is the main policy decision-maker and not just a figurehead.

This is akin to a presidential system where the electorate choose the president who then appoints his or her cabinet.

Executive leader plus cabinet.
An executive leader, elected by the authority from within the ranks of the council members, together with a cabinet of two or more councillors, appointed by the leader of the authority.

The leader will normally be the leader of the majority party on the council (the party with over 50% of the councillors). This is like our prime ministerial system in central government. Most authorities chose this model.

Committee style:

With this system, councillors from all political parties who have seats on the council participate in the decision-making process, not just those from the majority party. Committees will consist of councillors chosen by their colleagues and will, generally, reflect the political composition of the council as a whole.

Two main roles:

1) to do preparatory work and make recommendations to full council.
2) to make decisions (resolve an item) without referral to full council – known as delegation (delegated powers).

Question 21

Officers versus members

Answer 21

Councillors are the elected members and they are elected to determine policy – they are the politicians. The officers are the full-time officials, appointed by the councillors to run the authority and to advise on policy, often recommending a decision, and produce reports. They are non-political and will advise all councillors and will not be replaced if there is a change in political control of the council.

Chief executive – senior officer, responsible for running the authority and principal adviser to the councillors;
mayors – either figureheads who chair meetings and represent the authority or directly elected executive mayors;
council chairmen – figureheads, chair meetings, etc.;
council leaders – major policy makers, leaders of the majority parties, chair the cabinets
Monitoring officer - warns of potential law breaking/breach of conduct
Treasurer - advises on proposed expenditure and how to finance
Director of children’s services

Question 22

Backbench councillors

Question 23

How councillors can challenge executive decisions

Answer 23

Overview and scrutiny committee

Question 24

Rules for councillors’ conduct

Answer 24

Register of interests: Councillors are required to register their interests and if during a meeting there is a conflict of interest they must declare it. This will include such matters as who employs them; land / buildings they own; shares (above a certain minimum) they own; gifts (above a certain minimum) that they have received.

Councillors also have to disclose a “disclosable pecuniary interest” in topics under debate at a council meeting so that they are seen to be taking decisions in the interests of their electorate and not for themselves. They must leave the room for discussion on that item and not participate in the discussion or vote.
It is a criminal offence not to declare such interests.

A disclosable pecuniary interest covers:

employment, office, trade, profession or vocation;
sponsorship;
contracts with the relevant authority;
land;
licences to occupy land;
corporate tenancies etc

The councillor code of conduct, which is likely to require councillors:

to treat people with respect;
not to bring the name of the council into disrepute;
to be unbiased and take advice;
not to breach confidence;
to register and declare interests

Question 25

What happens if conduct rules are breached

Answer 25

Local authorities may set up a standards committee, comprising some non councillors, to give guidance on correct behaviour and actions that may be taken when a councillor is in breach of the council’s own code of conduct but not subject to criminal prosecution.

Question 26

How councillors are paid

Answer 26

Basic allowance – a flat rate payment made to all councillors; special responsibility allowance paid to senior members – members of the executive; party leaders; committee chairs, etc. Can be paid childcare or dependants’ allowance. Expenses for travel and subsistence outside local authority.

Question 27

Where can journalists find info about allowances and expenses

Answer 27

Lists of payments to councillors are usually published online. After the payments are decided it is usually reported in the local paper.

Question 28

Process for determining councillors’ pay and why councillors are paid

Answer 28

Independent remuneration panels made up of non-councillors recommend:

amount of basic allowance
whether duties should attract special responsibility allowance and how much
whether childcare/dependents’ allowance should be paid and how much
The panels then publish a report. Councillors decide how much to pay themselves and can reject panel’s recommendation if they want.

Paid because otherwise only those who could fully support themselves would become councillors - inequitable.

Question 29

Privileges

Answer 29

Qualified:

On certain occasions provided that it is fair, accurate, is no malice and they honestly believe what is said, and right of reply is granted. The occasions are:

meetings of executive
council meetings
committee and sub-committee meetings
party group meetings
meetings between councillors and officers

Question 30

Privileges

Question 31

Dis/advantages of executive style decision making

Answer 31

Advantages:

• efficient - speedy decisions by small group of councillors
• attracts a younger and higher calibre of councillor - more prepared to join organisation that can make speedy decisions
• transparent as identifiable councillors are making decisions
• accountable

Disadvantages:

• secretive - the cabinet can meet in secret
• divisive - elite councillors who are members of the executive, then below them committee chairs and scrutiny committee members, and then majority of councillors
• ineffective scrutiny as the membership of the scrutiny committee(s) reflect the political balance of the authority. This problem can be overcome if there are a number of scrutiny committees, some of which are chaired by councillors from opposition parties. In addition, good coverage and encouragement from the local media, can improve scrutiny.
• remote decision-making - this is particularly the case with large counties that may contain a dozen district councils. The county council may have nearly 80 members and a cabinet of just eight.

Question 31

Dis/advantages of executive style decision making

Answer 31

Main disadvantages are: secretive (cabinet can meet in secret); divisive (various grades of councillors – executive; committee chairs; backbenchers); ineffective scrutiny (majority party controls executive and scrutiny committee(s); remote decision-making (under 10% of councillors make the decisions).

Question 32

Types of council meeting

Answer 32

full council meeting - attended by all councillors.
committee meetings - small no. of councillors, where recommendations are made or items resolved.
cabinet meetings - meetings of executive, generally majority party members. Major decisions made.

Question 33

Types of council meeting

Answer 33

full council meeting - attended by all councillors.
committee meetings - small no. of councillors, where recommendations are made or items resolved.
cabinet meetings - meetings of executive, generally majority party members. Major decisions made.

Question 34

Composition and role of executive in local government

Answer 34

The executive is essentially the cabinet.

never more than 10 councillors
usu. councillors from majority party/Coalition
gives specific portfolios (responsibilities) to individual members of executive
makes decisions either in the cabinet, sub groups of the cabinet, or by individual members of the cabinet.
All decision-making is the responsibility of the executive, unless government regulations prescribe that the full council meeting must make the decisions. With prescribed items, the executive makes recommendations that the full council will either agree or amend.

Non executives:

About 90% of councillors. They:

scrutinise the executive
represent the electorate
approve prescribed functions

Question 35

Overview and scrutiny committees

Answer 35

established in English and Welsh local authorities by the Local Government Act 2000. They were intended as a counterweight to the new executive structures created by that Act.

Each authority must appoint at least one scrutiny officer
They review decisions made by the executives, hold inquiries, produce reports, recommend council reconsiders something - but executive not bound to this

• Reflect political balance of authority
• May be chaired by councillors from the majority party, minority parties or even co-opted (unelected)members;

Question 36

Policy and resources committee

Answer 36

This committee will decide general policy as well as financial and personnel allocations for the authority.
It plays a key role in the budget process and the setting of the council tax / precept. The membership of this committee usually comprises the chairmen of the other committees and leading opposition councillors. It is usually chaired by the leader of the council. It differs from the cabinet, in that opposition councillors are members and participate in making the major decisions.

Question 37

Full council meetings

Answer 37

Every six to eight weeks there will be a full council meeting, attended by all councillors. It will be chaired by either the chairman of the local authority or the mayor.

The meeting will:

accept, amend (change), reject or refer back (send back) the recommendations made by the committees and thereby decide policy.
accept reports from committees and officers.
question chairmen of committees.
give councillors the opportunity to air grievances and views of constituents.
give councillors the chance to put forward a view which may not have the support of the majority and get it debated.
set the council tax / precept and approve the budget and borrowing.

Question 38

Dis/advantages of committee-style decision making

Answer 38

Advantages:

• Specialisation – by being a member of one or two committees, councillors can specialise and build up knowledge in those areas of the council’s work.
• Efficiency – a small group of councillors can reach a decision more effectively than the whole council.
• Time for thought – the period between the committee making a recommendation and the full council meeting when the recommendation has to be approved, gives time for the original recommendation to be reconsidered and possibly amended at the full council meeting. [This does not happen with resolved items as they are decided in committee.]
• Informal atmosphere – committees are more informal and a better arena for decision-making than the formal, often confrontational council meeting.

Disadvantages:

• Decentralisation of power – power is dispersed between the various committees that have a tendency to become little fiefdoms that the policy and resources committee is unable to control.
• Time wasting / duplication – this is commonplace when most items are discussed both in committee and at full council. The committees often became the arena for councillors to practice their speeches and even their joke or the political jibes, only to repeat them at the full council meeting!
• Unclear who made the decisions – in theory the decisions are made by councillors from all parties since all the decision-making forums are multi party. Yet, we know that in practice, the decisions are usually made by the councillors from the majority who outvote the opposition councillors. Consequently, the debates are often a charade.
• Reduces power / influence of full council – most of the decisions are resolved in committee, so why bother with a council meeting?