September 2003

UNISON Scotland supports the move to introduce proportional representation and the single transferable vote.

We believe that the new ward system should be for three to four members. Any higher number would weaken the ward councillor link.

UNISON Scotland believes that the system of proportional representation will help address the issues of gender balance and ethnic minority representation. However, there is also a duty on political parties to ensure fair representation amongst their candidates.

While welcoming the move to reduce the age limit for standing as a councillor from 21 years to 18 years. UNISON Scotland believes that this new bill should used to reduce the age limit to 16 years for voting and candidates in local government elections.

UNISON Scotland welcomes the proposal to remove the requirement for council employees to resign on nomination as a candidate. We also believe that elected members should be able to retain their employment with the same local authority they represent, with appropriate safeguards to prevent conflicts of interest arising.

The rule preventing former councillors from seeking employment with the same council within a year of leaving office should also be abolished.

UNISON Scotland supports fairer provisions for the remuneration of councillors including access to the Local Government Pension Scheme. This should include severance payments on the same basis as applies to members of the UK and Scottish parliaments.

We would urge the adoption of alternative voting methods which would also allow local elections to be held on a different day to parliamentary elections.

Introduction

UNISON is Scotland's largest trade union representing over 145,000 members working in the public sector. We are the largest trade union in local government, with over 98,000 members working in Scottish Local Government. UNISON welcomes the opportunity to comment on draft Local Governance (Scotland) Bill since it covers issues of great concern to our members not only in their professional lives but as citizens too.

This paper constitutes UNISON Scotland's response to the consultation on the Draft Local Governance (Scotland) Bill.

UNISON Scotland believes that the current electoral system for local government elections is unsatisfactory believing that it does little for the spirit of democracy and reduces the legitimacy of those elected. The skewed relationship between votes cast and seats won means that councils are often dominated by one party that have secured only a minority of the votes. UNISON believes that this creates fatalism and disillusionment on the part of voters and complacency on the part of the winning party, making this system bad for democracy.

UNISON Scotland therefore welcomes this opportunity to contribute to the consultation on the draft Local Governance (Scotland) Bill and generally supports the main thrust of the Bill, which is, to introduce proportional representation in the form of the single transferable vote to local government elections.

 

Responses

The Electoral System for Local Government Elections

For local government elections, UNISON Scotland believes that proportional representation (PR) and the single transferable vote (STV), in particular, would produce a result which more fairly represents the spectrum of opinion within the electorate. Proportional representation will ensure that each party, together with independents will be represented on each council in fairer proportion to the share of the votes received. This should end the council domination by single parties with minority support, and ensure that all council decisions are adequately discussed and scrutinised by all councillors. UNISON Scotland believes that a system, which is based on proportionality, will create better government, be more open to council employees and offer more partnership working opportunities between employer, unions and staff.

UNISON Scotland also believes that PR will improve decision making in councils, will help develop a more consensual style of politics where elected representatives truly consider the interests of the community they represent and will also help engage more people.

UNISON Scotland therefore fully supports the view that proportional representation should be introduced as soon as possible and that STV should be used as the new electoral system for Local Government elections. We consider this to be a fair and proportional system where every vote will count.

UNISON Scotland further supports the introduction of three or four member wards. The larger member wards will still be able to maintain the ward-councillor links, which are crucial to ensuring that individual councillors remain accountable to their local communities. More councillors will also provide a broader spectrum of opinion and constituents will feel comfortable about contacting at least one of them. If ward sizes were any larger than four members, the ward member link would be at best tenuous.

UNISON SCOTLAND firmly believes that all electoral systems should be fair, open and democratic and encourage participation from groups which are currently under-represented - women, people with disabilities, people from ethnic minorities, lesbians and gay men and younger people. Whilst there is no explicit provision in the bill for an equal number of women and men candidates or for quotas on ethnic minority candidates, UNISON Scotland feels that the introduction of the proportional representation system will naturally assist in addressing these issues.

UNISON believes that all political parties should move towards a 50:50 gender split for candidates and ensure better representation of other under represented groups. We would not oppose a statutory provision to this effect. However, we believe that such a provision would be open to challenge under the European Convention on Human Rights.

Age Limit for Local Government Candidates

UNISON Scotland supports any move which encourages participation from young people in the electoral process and while encouraged by the move to reduce the age limit for local government candidates from 21 years to 18, UNISON Scotland believes that the age limit should be reduced even further to 16 years. Whilst we recognise that the Electoral Commission is consulting on lowing the voting age, we believe that this is an opportunity for Scotland to lead the way by reducing the age for voting and candidates.

Young people in Scotland can marry at the age of 16, be called up to the armed forces, pay tax and National Insurance. We believe that age discrimination is not only patronising, but also serves to alienate young people from society. This can be clearly seen in the rapid and disturbing growth of young people's disengagement from the electoral and political system.

Restrictions on standing for local Government elections

UNISON Scotland supports any move that enhances the individual's opportunity to participate in and influence the democratic process.

It is supportive of the proposal to reduce the restrictions on local government employees allowing them to stand as candidates in local authority elections.

Requirement to resign on nomination

UNISON Scotland warmly welcomes the move to remove the requirement for council employees to resign on nomination as a candidate. As local authorities are often the largest employers in their locality, in our view these restrictions unfairly impact on an unnecessarily large number of people who have useful local experience that would serve their constituents and communities well in elected office.

UNISON Scotland believes that as few people as possible should be restricted from serving as a local councillor and that proper consideration is given to other ways to prevent conflicts of interest arising. For example, the increasing use of scrutiny committees by Scottish local authorities provides a good mechanism for policing potential conflicts and the new requirements on declaration of councillors' interests will provide openness and transparency on areas where conflicts could arise.

Employees and elected members

UNISON Scotland believes that there should be more extensive reform of the rules preventing serving councillors being employees of the same council. We are of the view that elected members should be able to retain their employment with the same local authority they represent, again with appropriate safeguards to prevent conflicts of interest arising. This is because, as stated above, local authorities are sometimes the largest employer in their locality, particularly in rural areas. Removing the bar on being employed by the same authority would remove a barrier to elected office that discourages some people and help make councils more representative of the people they serve - both stated objectives of the Executive. If private contractors working for a local authority can be councillors we can see no reason for discriminating against directly employed staff.

For the same reasons, we are of the opinion that the rule preventing former councillors from seeking employment with the same council within a year of leaving office should be abolished. Provided, again, that appropriate mechanisms for avoiding conflicts of interest and possible political bias are put in place e.g. staff codes of conduct. Local authorities would also need to ensure that they have effective and transparent recruitment and selection procedures that respect equal opportunities. However, the current one-year bar neither prevents conflicts of interest arising nor removes political bias and it seems to us to be merely a restriction for the sake of appearances.

Politically restricted posts

The differing restrictions on political activity that currently apply are unfair and confusing. As a result of re-organisation of services, we have members who have had their previously unrestricted employment transferred to another public body which then interprets the rules in a more rigid way. The employees then find themselves politically restricted, even though their post is substantially the same as it was before.

We believe that applying political restrictions based on job content to local government employees alone would be particularly unfair, given that local government functions are being transferred to other public, private and voluntary sector bodies and there is now greater cross-body working on the provision of public services. Both these factors mean those employees of the NHS, the private and voluntary sectors are doing jobs that are very similar to those which attract restrictions in the local government. Therefore, we are firmly of the opinion that the same restrictions should apply across all public sector bodies, provided that the rules are accompanied by clear guidance on their interpretation and take a de minimis approach towards restricting individual's rights to participate in democratic political activity.

Remuneration for councillors

UNISON Scotland supports fairer provisions for the remuneration of councillors including access to the Local Government Pension Scheme. This should include severance payments on the same basis as applies to members of the UK and Scottish parliaments.

Voting Methods

UNISON Scotland would support other changes to the voting system to make it easier for members of the public to participate in elections. We would commend the report of the Independent Commission on Alternative Voting Methods that took a detailed look at the options.

UNISON Scotland has previously argued that local government elections should not be held on the same day as Scottish Parliament elections. If greater use of alternative voting methods including postal voting were adopted, the administrative objections to different voting days would largely be overcome.

Conclusion

UNISON Scotland supports the main thrust of the draft Local Governance (Scotland) Bill and the move to introduce proportional representation. We should take this opportunity to revitalise democratic accountability in Scottish local government.

 

For further information please contact:

Matt Smith, Scottish Secretary

UNISON Scotland

UNISON House

14, West Campbell Street,

Glasgow G2 6RX

Tel 0141-332 0006 Fax 0141 342 2835

e-mail matt.smith@unison.co.uk