UK LOCAL GOVERNMENT
(With gratitude to Richard Adamson, NCTJ examiner, local government)
CONSTITUTIONAL ASPECT
Replicates division between executive and legislature.
EXECUTIVE: At UK level executive = WHITEHALL at local government level = TOWN HALL.
Whitehall workers are CIVIL SERVANTS local government EXECUTIVE OFFICERS.
So in the same way that Whitehall runs the country (accountable to parliament via Ministers) ; Town Hall runs the counties, cities and metropolitan areas (accountable to the elected council via the Local Government Cabinet Meetings.
Local Councillors (elected in tiny electoral districts called ‘wards’) represent their electors and the line of their party group on the council.
But it is the executive officers who run the place day to day.
Source of local government power.
The Town Hall’s legitimate authority (law making and tax raising powers) are more limited than Whitehall and Whitehall can ALWAYS over-rule local government , though a TOWN HALL is able to seek judicial review (a type of appeal to have a WHITEHALL decision ruled as unconstitutional in effect – EG Transport Policy under Ken Livingstone in London GLC in the 1980s, Story of the battle between Thatcher government and Ken Livingstone
DEROGATION
Whitehall operates on ROYAL PREROGATIVE – the powers of local government are DEROGATED (or ‘devolved’) to the local executive authority (THE TOWN HALL).
RESPONSIBILITIES
Responsibilities for state activities are divided between central local government or in some cases shared. At NCTJ exam standard you need to have a detailed memorised knowledge of which layer of local and national government is responsible for which activity (there is a comprehensive table towards the end of these notes).
For example:
Armed Forces = WHITEHALL
Education = WHITEHALL for UNIVERSITIES / TOWNHALL FOR SCHOOLS
Social Services = TOWN HALL (eg Baby P)
Motorway maintainance = WHITEHALL
Roads = TOWNHALL
Etc
Reporter needs to know all these responsibilities = SOURCE and CONTACTS for stories and also taking up reader complaints.
Steady shifting of responsibilities, money and power from LOCAL to CENTRAL GOVERNMENT (battle between Livingstone’s GLC and the Conservative government in 1980s – abolition of the GLC, creation of Minister for London – appointed by the PM. Special case of London – population 8 million – in effect a small country in its own right.
DEMOCRACY
Political parties organised at ward level. Local government very much a training ground for national politicians (case of the main parties). But some in main parties on local council may (unofficially, and not stated) represent special interests (eg Labour – trade unions and local state employees – teachers on education committee; Tories planning and estate agency on planning committee)
[Story of CH attending 2008 Tory conference – Tory Reform Group Heseltine meeting on plans for special development action zones… place crammed with estate agents and ;law firms.]
Corruption in local government mainly about property development. Inefficiency mainly about trade union restrictive practices (as well). Ethnic politics in the Labour Party, co-opting traditional community leaders. Labour uneasy alliance between social conservatives (eg muslims) and liberal intellectuals at local level.
Minor parties and non-party political representative more common in local government – Greens, IWCA, Independent Socialists, BNP, Independents, Single Issue candidates (eg against closing a hospital), NIMBY candidates, etc. Easier to get elected and an element of PR voting system in GLA election (‘top up’ gave Greens and BNP representation on GLA in 2008).
NORTHERN IRELAND
As part of the ‘failed state’ scene local government suspended for many years and province governed directly from Whitehall. A measure of devolved government and power sharing in Stormont (provincial parliament with PR and power sharing arrangements between unionists and nationalists). Local government elections to ‘regional school boards’ only. Very limited powers because schools very much in the hands of religious foundations in NI (a bad thing, CH thinks – surely the one place on earth you’d want to keep sectarian religions out of education is northern Ireland. Contrast with USA and US constitution of course.
WALES – same as England in local government, except got a national assembly with powers in education especially (Welsh language provision) similar to a County Council.
SCOTLAND – different system of local government (also different legal system). Powerful national assembly with derogation of most powers except military (eg SNP against Trident, but it is located in Scotland). SNP government in power may negotiate for full soverign independence. Also Scottish assembly has limited powers over UK macro economic and monetary policy – does not issue currency or set interest rates. Has local tax raising powers for Scotland, but can’t affect UK rates of taxation. In Scotland much of what in the UK would be WHITEHALL is done by HOLLYROOD.
Labour government in WESTMINSTER/ WHITEHALL has followed policy of regional and national DEVOLUTION with national assembly re-established for first time since the ACT OF UNION.
Democratic aspect of Devolution. Effect has been to greatly weaken the Conservative and Unionist Party in Scotland and Wales. Political game in Scotland is SNP vs LABOUR; and in Wales PLAID CYMRU vs LIBERAL vs LABOUR (at one point virtually a Labour one party state).
THE WEST LOTHIAN QUESTION
A Scottish politician elected to the UK parliament can vote on UK-wide laws that affect people living in England, but which may not affect Scottish people if the law is in a policy area where the Scottish parliament has derogated powers (eg university tuition fees). Yet an English politician can not impose law in Scotland (in areas of derogation at least). This is unfair. Logical solution would be an English parliament with derogated powers on the same level as the Scottish parliament and with both of them subject to a UK-wide parliament in areas of prerogative powers (eg military - MOD – taxation). No plans for English parliament – but regional parliament exist not directly elected and attract zero interest from press or public.
ENGLAND AND WALES
• county councils,
• county borough councils,
• non-county or municipal borough councils,
• urban district councils
• rural district councils.
REDCLIFFE-MAUD
revolution
• 61 new UNITARY local authorities
• 58 based on enlarged county boroughs
• 3 METROPOLITAN council based on
Birmingham,
Liverpool
Manchester
STORY AREAS / POLITICAL IMPORTANCE
- Police – control devolved to COUNTY CONSTABULARIES – supervision by local government, but final control (eg, appointment of Chief Police Officers) is done by Whitehall (Home Office).
- Planning permission -
Routine local house extension must be in line with national legislation.
Each local authority must produce a LOCAL PLAN – and individual planning approval must be in line with this.
But department of the environment (WHITEHALL) can “call in” important / large scale planning applications.
Labour Party plans for ECO TOWNS – eg Weston Otmoor – can over-ride opposition of local authorities, can override local authority plan (must make amendments).
MONEY
Local government funding – a hot topic
Old system – business rates; and household rates – local tax scaled on ‘rateable value’ of property
Abolished and replaced with flat rate ‘community charge’ (Poll Tax) – idea was to charge more to poorer people and eg tenants who never paid the rates. Poll Tax Riots (video). http://www.youtube.com/watch?v=Wq7alhHpuhU
Mass non-compliance.
Replaced with Council Tax is paid more widely – with broad bands of house valuations and payments scaled. (in Richmond £2,000)
Big brother spying bin horror.
1972 LOCAL GOVERNMENT ACT
6 METROPOLITAN COUNTY COUNCILS based on major conurbations:
• Birmingham
• Liverpool
• Manchester
• Leeds-Bradford
• Sheffield-Rotherham-Doncaster
• Newcastle-Sunderland-Middlesbrough
6 METROPOLITAN
COUNTY COUNCILS
1972 LOCAL GOVERNMENT ACT
TWO-TIER structure of county councils and district councils
SCOTLAND
• 39 COUNTY COUNCILS
• 296 DISTRICT COUNCILS
WALES:
• 8 COUNTIES
• 37 DISTRICTS
BEST VALUE : All councils must submit plans to Secretary of State for a range of services;
* PERFORMANCE;
* (ANNUAL) LIBRARY
* CHILDREN’s SERVICES;
* COMMUNITY CARE & COMMUNITY STRATEGY
* CRIME & DISORDER REDUCTION STRATEGY
* DEVELOPMENT PLANS;
* EARLY YEARS DEVELOPMENT
* EDUCATION
* LOCAL TRANSPORT
* YOUTH JUSTICE
* HOUSING INVESTMENT PROGRAMME
* LOCAL AGENDA 21 STRATEGY
* LIFELONG LEARNING DEVELOPMENT
* ADMISSIONS maintained schools
Controls on local authorities can be
* JUDICIAL or judicial review (by courts).
* LEGISLATIVE (ministers)
* ADMINISTRATIVE (Ombudsman)
- FINANCIAL (Audit Commission)
LOCAL GOVERNMENT OMBUDSMEN
Established by LGA 1974 - THREE in England, one each for Wales, Scotland & N. Ireland.
Cannot investigate subjects that:
• affect majority of inhabitants;
• contractual matters;
• personnel matters
• some education issue affecting schools;
• where courts or a minister can provide a remedy.
MALADMINSTRATION not defined in 1974 Act.
But Ombudsmen can investigate if they decide it pertains to:
• delay in taking some action;
• breaches of internal or external codes or law;
• broken promises;
• wrong information;
• incorrect decision-taking.
If “LOCAL SETTLEMENT” produces a REPORT which may have THREE FINDINGS:
• no maladministration;
• maladministration but no injustice; or
• maladministration causing injustice.
Ombudsman MAY recommend course of action to council but CANNOT compel action.
CAN recommend small compensation to victims but
CANNOT impose penalties on councils.
CAN force councils to publish report findings in local press
PRESS REPORTING
PUBLIC ACCESS: Under 1985 Local Government Act media and public have right of access to all sub-committee, committee and council meetings unless business declared CONFIDENTIAL or EXEMPT.
CONFIDENTIAL: Limited and covers only information supplied by government departments or matters where disclosure is prohibited by statute or the courts. Exclusion automatic & not decided by councillors but Chief EXECUTIVE OFFICER.
EXEMPT: covers personal and commercially sensitive information, matters in negotiation and issues protected by legal privilege.
QP available – but subject to refutation.
HOWEVER: Decision to exclude media (public) must be voted on by committee with specific reference to Paragraph schedule in Act.
LG Act 2000 - Cabinet government
(i) Leader appointed by the authority and a cabinet appointed by the authority or leader; or
(ii) directly elected mayor (by popular vote) and cabinet appointed by mayor; or
(iii) directly elected mayor and council manager (appointed by LA).
Depending on model adopted, executive action can be taken by:
(a) the elected mayor;
(b) the cabinet;
(c) a committee of the cabinet;
(d) a single member of the cabinet; or
(e) an officer of the authority.
PLANNING - TWO COMPONENTS.
* FORWARD PLANNING as detailed in local authority DEVELOPMENT PLANS in
(i) structure;
(ii) local;
(iii) unitary.
UNITARY areas all aspects of planning process.
In TWO-TIER areas, situation less clear.
OVERALL Secretary of State oversees land use planning, as in GREEN BELT policy.DETR can “CALL IN” planning applications order PUBLIC INQUIRY conducted by an INSPECTOR.
Government strategy in series of;
* PLANNING POLICY GUIDANCE NOTES(PPGs)
* REGIONAL PLANNING GUIDANCE (RPG) on development planning produced with relevant GOVERNMENT OFFICE of the REGIONS in collaboration with local planning authorities
RESPONSIBILITIES:
METRO COUNTY DISTRICT UNITARY LONDON Boros
Education * * * *
Housing * * * *
Planning * * *
Transport * * *
Highways * * * *
Social services * * * *
Libraries * * * *
Leisure * * * *
Waste(bins) * * * *
Environ Health * * * * *
Trading Stands * * * *
Council Tax * * * * *