accountable

Go Back to Committees – and Use All the Talent of Elected Councillors

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Andrew Coulson

A recent centre spread in the LGC has the headline “Committee System may be Outdated, Councils Warned”, even though the option to return to government by committees is one of the main planks of the Localism Act and a central plank of Conservative and especially LibDem policy.

The research reported on, by Ed Hammond of the Centre for Public Scrutiny, reports that four councils are expected to make the change in May 2012.  There will also be some “hybrid” arrangements, such as that likely to come into effect in Kent, where advisory committees are given greatly strengthened powers, even though technically decisions will remain in the hands of individual cabinet members, and the cabinet, though that is not expected to meet very often.

Up to 40 councils are believed to be giving serious consideration to making the change, including some of those where there will be mayoral referenda on 3 May.  If those referenda are lost, some of these councils may well revert to committee governance in May 2013.

Why?  Because, as they see it, committees are much more inclusive than any other form of governance. They give a voice to all the elected councillors, and potentially bring to the table all their talents. They make it harder to take decisions in secret. They give councillors a means of putting into effect the commitments they make when they stand for election, and they keep council officers on their toes because they can never be quite sure what will happen when they attend a committee – even if most of the major changes that might be made to a report will have been agreed in the group meeting of a majority party beforehand.  They also allow backbench councillors to specialise, and provide a means to induct them into how council services are run. They develop leadership – many strong leaders emerged over the years from the committee system.

This is not to say that committees were perfect or are inevitably the best solution. They can, and often were, criticised – for being slow to make decisions, leaving it unclear who was responsible for decisions, and for sustaining silos (such as Education authorities) which at times seemed to have little involvement with other parts of the council.  The criticisms can be answered. The committee system can be fast, and keep confidences, when it matters. With a cabinet, or indeed an elected mayor, leadership is still distributed – with chief executives or chief officers often the real leaders. Silos can be broken down if there is the political will to do so. But none of this is easy, and there were plenty of disillusioned and frustrated councillors and officers in the past. All we can say with confidence is that no system is perfect and that each council needs to work out what is best for its own purposes.

There are different forms of committee systems, ranging from a single committee with important decisions taken in full council (as in a number of the present Fourth Option councils, with populations less than 85,000, who have never given up their committees) to the massively complex structures in some counties and metropolitan districts before 2000 which had committees or sub-committees for almost everything that a councillor could become involved in – over 50 in total in one case. No-one is proposing to go back to that.

There have to be means of dealing with cross-cutting issues, urgent business between meetings, the size of committees and sub-committees, how often they meet, systems of councillors’ allowances, and policy review, to take but some of the issues of detail that must be addressed. Scrutiny will for most councils remain a function that needs to be done, and there are different ways of integrating it into a committee system. Maybe there is much to be said for not rushing into making the changes, and learning from what is happening now.

A day workshop at INLOGOV on 6 July will present a balanced picture and facilitate a discussion of the pros and cons of making the change and the detail issues that need to be taken into account in any new constitution.  Several of the councils making the change will be represented or make presentations. Ed Hammond, the researcher who wrote the Centre for Public Scrutiny report, will speak.  There will be comment from the Local Government Association, and support from FOSIG, the group that represents fourth option councils.

It will provide a unique opportunity to listen to the enthusiasts for making a change, and cross question them, and to understand the alternatives, and the possible downsides,  and the need to address the detail.  More about this workshop, including a booking form, can be found by clicking here.

Dr. Andrew Coulson is Lead Consultant on Overview and Scrutiny at INLOGOV,University of Birmingham, with wide experience of Overview and Scrutiny.  He has recently launched one of the first assessed qualifications on the subject.  His further research interests include partnerships and governance, economic and environmental strategies, and local government in Central and Eastern Europe.

Standards Codes: A Case of Motherhood and Apple Pie

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Philip Whiteman

Whilst giving a lecture to a group of councillors at a summer school last year, I explained how the Localism Bill could result in some authorities abandoning their codes of conduct for reasons of despair with the standards regime.  The response from councillors was enthusiastic and comments included ‘expensive, time consuming and irrelevant’.  Some predictably expressed the view that the ultimate judgement of what constituted poor behaviour would be subject to the ballot box.

Walk on stage, Baron Bichard of Nailsworth who took a very different view when introducing an amendment to the Bill in order to save the code.

“At a time when the public’s trust in politicians is at a low ebb, it is important that all public bodies have explicit standards of conduct, which make transparent how they will carry out their business and provide benchmarks against which they can be held to account.”

Bichard’s intervention and proposal was timely albeit rather late during the Bill’s progress through Parliament.  Without his amendment, local government would have made a backward step of forty years.  Quite why the government objected to the code is unclear but they clearly had a very short memory span.   The code was introduced following the Poulson corruption scandal of the early 1970s and eventually became a statutory requirement. It is true that the code did not rule out further scandals whether they be Donnygate, Shirley Porter orWalsall, but it has given existing councillors a handle on what is acceptable or unacceptable behaviour – a situation further reinforced through the standards regime and most recently, the inclusion of the Nolan Principles into statute.

The Act is quite original in that it is probably the first piece of legislation that lists the Nolan principles, which must be adopted by each authority. However, the rest of the code has to be determined by each authority in the spirit of localism.  This is particularly problematic for authorities not willing to ever make a decision without receiving central government guidance, many of whom will have been waiting for some months by now.

So, from stage left and four months after the Act becoming statute, welcome the Local Government Association and Department for Communities and Local Government along with their new illustrative codes of conduct. Both of their anticipated documents arrived during April and within a week of each other.  This may be coincidental but it did rather resemble a rather unsightly race of one-upmanship or desperation between the two institutions.

Unfortunately, neither code is likely to generate much excitement and seem to be rather ‘motherhood and apple pie’ and lacking in substance – probably a result of disagreement and a rush to publish.

When comparing both documents, one could easily question whether the institutions are addressing the same legislation.  Just taking three examples:

  • CLG’s illustrative code fails to list the Nolan principles (remember that was a requirement under the Act).
  • The LGA acknowledges that others should be treated with respect but the CLG code does not.
  • CLG incorporates narrative on the new Disclosable Pecuniary Interest – but this totally ignored within by the LGA

And the list could go on.

Monitoring Officers and their councillors have gained a tremendous experience over the past few years from the work in developing standards codes.  They will know what works and what does not.  True, existing codes will need to change and reflect the legislative requirements but my recommendation is that they reconsider the own existing codes rather than unquestioningly adopt the vagaries of either the CLG or LGA models.

Returning to my discussion with the group of councillors and their opposition to codes of conduct.   When challenged on how they would determine a breach of standards and how they would tackle an errant councillor, there was quick realisation that a code of conduct provides an essential framework for assessing poor standards and breaches of acceptable behaviour.  Unfortunately, I think those councillors will be sorely disappointed with the LGA or CLG examples.

Philip Whiteman is a Lecturer at the Institute of Local Government Studies.  He has research interests in the impact of central government and regulators on the role, service delivery and performance of local government and other local bodies.  He is currently looking at developing a case for researching how guidance is an important instrument for steering local government over and above legislative instruments.  He is also Editor of the journal Local Government Studies.

An elected mayor for Birmingham?

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On May 3rd, the people of Birmingham will decide if they want a directly elected mayor and if so, on 15th November they’ll decide who they want. There has been so much debate about what an elected mayor could achieve for Birmingham and the West Midlands, perhaps it is a good time to look at the evidence and compare it to the aspirations.

Do mayoral authorities perform better? Audit Commission performance data show that some mayoral authorities did improve significantly between 2005 and 2007. For example, North Tyneside and Hackney rose from ‘poor’ to ‘3 star’. This may well demonstrate the benefits of strong leadership and accountability for councils which historically had poor political leadership but correlation is not the same as causation. Many non-mayoral authorities also improved at the same time and there were exceptions to the pattern of improvement in mayoral authorities.  Doncaster and Stoke spring to mind.  Stoke is a complex story  but Doncaster is a classic example of how poor leadership and bad behaviour on the part of an elected mayor can undermine a town – whose residents turned to an elected mayor in the hope of a new start but merely replaced widespread corruption with wholesale under-performance and negligence.

Does directly accountable leadership make a difference? Research suggests that mayors have been able to use their personal leadership to good effect but so have the leaders of non-mayoral authorities.  Some cities and city regions such as Manchester and Leeds have done well in spite of not having a mayor. 

What can a mayor do for Birmingham and the West Midlands? Birmingham has long been perceived as an underperforming city, partly because of local political and economic history and partly because of regional issues such as a traditional resistance on the part of the other six  West Midlands councils to Birmingham exerting ‘too much’ influence. You can hear the hackles rise as potential mayoral candidates set out their region-wide ambitions for the role.

Cities are complex constructs: where does the city of Birmingham end and the West Midlands region begin? Many proponents of the benefits of elected mayors, such as Lord Heseltine, who has been making the case since 1991, and Lord Adonis talk about the benefits of regional or metro-mayors.  But that isn’t the model we’re getting here, in contrast to the role of the Police and Crime Commissioner, who’ll be elected on the same day with a region-wide remit.

What can mayors do? The powers of mayors under Local Government Act 2000 are limited: to be elected for four years, to decide the size and membership of the cabinet and delegation of powers and to set the budget and strategic policy framework of the council, which can be rejected by a two thirds of the council members.  Hardly a demagogues’ charter!

So what can a mayor do for Birmingham that a council leader can’t do? Under the Localism Act 2011, the Coalition Government is planning to devolve some ‘local public functions’ to councils. Cities will bid for new powers and freedoms on; economic growth, infrastructure, housing, planning and skills and employment.  Cities with mayors will automatically be considered for these new powers and freedoms because they can demonstrate ‘strong, accountable leadership’ – but they will not be granted automatically.

Might it be better to focus attention on the local, regional and national barriers to achievement in Birmingham and the West Midlands and tackle them collectively, rather than expecting the mayor to overcome them alone by heroism and enormous force of personality?  It’s a big ask.

Catherine StaiteCatherine Staite (Director of INLOGOV)
Catherine provides consultancy and facilitation to local authorities and their partners, on a wide range of issues including on improving outcomes, efficiency, partnership working, strategic planning and organisational development, including integration of services and functions.