Written Statement in response to the Local Government and Public Services Committee’s inquiry into the operation of new political management structures in local government

Purpose: To present the Welsh Assembly Government’s response to the Local Government and Public Services Committee’s inquiry into the operation of new political management structures in local government

Responses to the Report’s recommendations are set out below.


Summary of recommendations

1. We recommend that local authorities develop a strategic approach to Executive leadership within the authority, for example through succession planning and training, so that the concept of Executive leadership is something to be understood by all members and not just those holding political office at a particular time.

Response

The Assembly Government endorses this approach. We will commend it to the WLGA and seek to ensure that Syniad, their improvement and development arm, emphasises this aspect of member development within their training portfolio for elected members.


2. We recommend that local authorities underpin their Executive Arrangements with procedures that maximise openness and transparency in order to ensure that all elected Members, Executive and non-Executive, and the public are able to inform themselves about all aspects of the Executive’ work and decisions being taken on their behalf and can influence these at an early stage.

Response

The Assembly Government supports this recommendation in principle. We will have discussions with local government and the Audit Commission before deciding whether there is a need to amend the regulations on access to information (The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001 (SI 2290/2001 as amended by SI 1385/2002) or the Guidance for County and County Borough Councils in Wales on Executive Arrangements (“the Guidance”).


3. We recommend that local authorities take measures to ensure that the overview and scrutiny function is afforded a central role in both the structure and the ethos of the authority. In order to achieve this non-Executive members need to understand their role and have a full appreciation of its potential and importance.

Response

The Assembly Government supports this recommendation and will work with WLGA/Syniad to ensure that non-executive/board councillors are trained and developed in the purposes and methods of effective scrutiny and policy development.


4. We recommend that committee chairs should not be able to veto the use of call-in procedures.

Response

The Local Government Act 2000 stipulates that overview and scrutiny committees have the right to recommend that a decision be reconsidered by the person who made it. The Guidance says that local authority standing orders must set out procedures for making such a referral and that this might include a requirement that a member of a scrutiny committee should need to agreement of the Chair of the committee and a third of its members before such a referral was made. Such a provision was intended to prevent the efficient operation of the council being fettered by continual referrals. The Assembly Government will discuss this recommendation with local government and the Audit Commission and, in the light of this, consider amendment to the Guidance.


5. We recommend that all local authorities should have dedicated officer support teams for scrutiny but recognise that it is not possible for all. All local authorities should, however, have strong and well-resourced support provision for scrutiny which reinforces the ‘separation of powers’ principle between the Executive and scrutiny and overview function.

Response

The Assembly Government supports this recommendation and will revise the Guidance accordingly. We will raise this matter with the WLGA and suggest they endorse it as good practice. All principal councils should be able to arrange some dedicated support, even if small in number.


6. We recommend that the Welsh Assembly Government and Syniad develop a model of good practice for policy development by Overview and Scrutiny committees, building on evidence of success in local authorities. The relevant section of the Guidance should be strengthened in the light of such evidence.

Response

Agreed.


7. We recommend that the Welsh Assembly Government strengthens the Guidance relating to political balance on overview and scrutiny committee and, if necessary, explores, with the Wales Office and Office of the Deputy Prime Minister, the possibility of amending the Local Government Act 2000 to include a requirement for chairs of overview and scrutiny committees in Wales to reflect party balance as far as is practicable.

Response

All local authorities are obliged to reflect political balance on their overview and scrutiny committees unless the council as a whole has, unanimously, agreed not to do so. The Guidance encourages councils with majority control to consider allocating committee chairs to members of other party groups. The Assembly Government supports the view of the committee on this matter and will ensure that the guidance is strengthened to make clear that this is made as a recommendation. The Assembly Government will liaise with the WLGA with a view to encouraging councils to include provisions in their standing orders in line with this recommendation and will amend the Guidance accordingly. We will also consider the proposed legislative approach and enter dialogue with the WLGA and ODPM on this matter.


8. We recommend that the party whip should not be used in the business of overview and scrutiny committees.  If used, its use should be declared.

Response

The use of the “whip” in party groups is not a matter covered by legislation. As such, the Assembly Government has little influence over its use. However, the Assembly Government supports this recommendation in principle and will pursue it with the WLGA with a view to seeking the endorsement from all party groups. The Guidance already encourages councils to adopt rules including the declaration of whipping. We will strengthen the guidance to make clear that the Assembly government believes that whipping is inappropriate for scrutiny committees.


9. We recommend that the Welsh Assembly Government amends the Local Authorities (Operation of Different Executive or Alternative Arrangements) (Wales) Regulations 2002 so that local authorities have the freedom to reform their political management structures and overview and scrutiny arrangements as they see fit.

Response

The Assembly Government recognises the demand for greater flexibility. We will shortly conduct a consultation exercise on this matter, in which we will propose changes to the regulations to enable local authorities to change their political structure and reduce other restrictions currently in force. We would, however, seek to ensure that no council could change its basic political model without public consultation, as was required before their new constitutions were adopted in 2002.


10. We recommend that the Welsh Assembly Government engages in discussions with the WLGA to promote dissemination of good practice by local authorities in terms of initiatives for facilitating non-Executive councillor engagement and empowerment.

Response

Agreed.


11. We recommend that all non-Executive councillors should sit on at least one council committee so that they have some role in the overview and scrutiny function or in regulatory matters.

Response

The Assembly Government supports this recommendation in principle but does not have the power to effect it legislatively. We will amend the Guidance to encourage councils to adopt this practice and liaise with the WLGA for them to add their endorsement.


12. We recommend that all local authorities prepare a decentralisation strategy that defines the role of the ‘sub-local’ level in the business of the council and its input into the Executive and Scrutiny functions.

Response

The Assembly Government supports this proposal in principle and will include it in revised Guidance. However, it will remain for each local authority to decide on the extent of such measures and the appropriateness of any delegation of functions.


13. We recommend that local authorities encourage and support their elected members, both new and re-elected, to avail themselves of the training and support supplied by Syniad.

Response

Support.


14. We recommend that local authorities liaise with and provide feedback to Syniad in order to identify new training needs and the most effective means of delivery.

Response

Support.


15. We recommend that the Welsh Assembly Government, the WLGA and local authorities co-operate in order to promote the dissemination of good practice by local authorities for the improvement of public understanding of the new political arrangements and increased engagement with the public.

Response

Agreed.


16. We recommend that the Welsh Assembly Government strengthens the existing Guidance with regard to the Audit function in the light of good practice elsewhere.

Response

Agreed. The Assembly Government will liaise with the Audit Commission on this matter.


17. We recommend that local authorities, with the support of the WLGA, review whether their audit function fulfils the required standards of transparency and clarity in its relationships with other parts of the council structure.

Response

Support.


Financial implications

The Assembly Government responses do not have significant financial implications for the Assembly or local government.