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REPORT ON THE COMMISSION ON LOCAL GOVERNMENTAND THE SCOTTISH PARLIAMENT

"Moving Forward, Local Government and the Scottish Parliament"
(McIntosh Commission Report)

A RESPONSE FROM UNISON SCOTTISH LOCAL GOVERNMENT SERVICE GROUP

(See Press Release 25 August 99)

 

INTRODUCTION

UNISON members are providers of local government services, users of those services, participants in the democratic process and are part of the electorate. In this context we welcomed the Commission and its remit, although we were disappointed that the issue of local government finance was not included. We are pleased however that the Commission has chosen to comment on this crucial area. We hope the Scottish Parliament will have the opportunity to fully debate the issues and recommendations raised by the Commission and that UNISON will be involved in any further consultations.

POWER OF GENERAL COMPETENCE

UNISON Scotland welcomes the Commission's recommendation that legislation be introduced to provide councils with a statutory power of general competence. Such a power would enable councils to create new possibilities for the development of and the improvement of local services and would also encourage and improve community participation in service delivery and policy development.

INDEPENDENT ENQUIRY INTO LOCAL GOVERNMENT FINANCE

UNISON believes that the Commission's recommendation that an independent enquiry into local government finance be instituted immediately is fundamental to responsive and responsible local government. We view it as probably the most important issue facing Scottish local government at present and we endorse the Commission's view. Local democracy cannot be delivered when central government controls the majority of its spending.

We welcome also the comments from the Commission that such a review should consider all options including consideration of the issue of the Business Rate, the capping of council tax increases and the current imbalance on councils' ability to generate income. We believe that real power needs to be restored to local councils, which can only be done with the restoration of a much greater degree of financial autonomy.

OPTION OF TRANSFER TO LOCAL GOVERNMENT

UNISON Scotland welcomes the view and the option of transfer to local government should always be considered in any review of other bodies delivering public services and likewise where new services are developed. It is our view that such a procedure would instil confidence in local government as a principle public service provider and provide it with a new and unique role. UNISON firmly believes that public services are best delivered by publicly owned, funded and managed, democratically controlled bodies.

A variety of services have been taken out of local government control in recent years ~ FE colleges; Scotland's 3 water authorities; Scottish Environment Protection Agency; Children's Reporters Administration. UNISON believes that these services should be restored to local democratic control and that there is a strong case that these services be returned directly to local government. Whilst we welcome the initiative, we would also be interested in the procedure and the process necessary to allow this to happen and also to monitor such reviews.

REVIEW OF LOCAL ELECTION ARRANGEMENTS

UNISON supports the view that electoral arrangements should be much more user friendly. In previous submissions to the Commission we have suggested initiatives such as easier access to postal voting, the ability to vote in non traditional voting places such as libraries and supermarkets, however the prerequisite in this regard is an accurate electoral register. We would support the view of the Commission that the electoral cycle be on a 4 year term to be held at the mid point of the Parliament.

PROPORTIONAL REPRESENTATION FOR LOCAL GOVERNMENT ELECTIONS

UNISON believes that there are both advantages and disadvantages of moving away from the first past the post electoral system. A powerful benefit would be that it would end the "one party state" system emerging in many local authorities. Often elected on considerably less than 50% of the popular vote. A disadvantage is that it may lead to instability and a lack of strategic direction within councils which could be particularly damaging at this time of change. UNISON believes however that any change to the voting system must preserve as far as possible the link between individual councillors and those who elect them and that whatever system is adopted must enshrine equal representation of men and women. We are pleased to note that the Commission includes these areas as part of the criteria to be used in determining a system/s of proportional representation for all Scottish local government.

EXECUTIVE COMMITTEE SYSTEM

UNISON does not support the suggestion that an executive system for decision making be introduced. In our view this would introduce a two-tier form of local democracy when the primary aim should be that elected councillors remain and first and foremost accountable to their local communities. We do note however the Commission encourages authorities to examine their current structures and that there is not a blueprint that can be universally applied. UNISON believes that with the introduction of an executive committee system, the relationship and role of chief executives and other chief officials should be the subject of further discussion. UNISON believes that there should be safeguards against councils replacing the criticised committee system with a cabinet system which perpetuates the view that the meetings are a charade, with the decisions already pre-packaged from the majority group.

COUNCILLORS' REMUNERATION/TRAINING ETC.

UNISON welcomes a review on a pay and condition package for councillors however, we also believe, that the issue of member training, the introduction of a national code of conduct and consideration of the use of information technology must be considered at the same time. We would also see a role for COSLA in this process.

DEMOCRATIC DEFICIT

UNISON welcomes the recommendation from the Commission as an initial step that employees of local government other than the most senior and those in politically sensitive posts should be permitted for stand for election and to serve as elected members subject to appropriate safeguards. However, UNISON believes that all local government employees should have the ability to stand for public office. This is an issue that UNISON has campaigned on for a number of years and we are pleased that the Commission has recognised the inequality and unfairness of the current system.

UNISON is also pleased that the Commission recognises the valuable contribution that many people employed in local government can make as elected members. On the issue of politically sensitive posts, UNISON would seek a review of the current criteria applied and current banding system.

CONCLUSION

UNISON notes the Commission's final recommendation that the report is presented as a single package. We give this a cautious welcome on the basis that we firmly believe that an independent review of local government finance is absolutely crucial in delivering all other aspects of the Commission's recommendations and is crucial in revitalising and restructuring local government so that it can face the challenges for the next century.

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