How councils are run

Cabinet government

Why change?

• “Opague and unclear decision-taking weakens the link between the people and their democratically-elected representatives.”

• John Prescott, Deputy Prime Minister, 2000 – introducing (Local Government Act 2000)

Why change ii?

• Greater clarity over who does what – role of decision-makers better understood

Meaning…

• Greater accountability• Improved efficiency• Antidote to voter apathy - more

engagement/interest of public

Cabinet Government

• Cabinets are the key decision-making bodies of councils – across all types

• Made up of up to ten councillors

• Led by majority political party or ruling coalition, headed by leader of the council (politician)

Cabinet government ii

• Within cabinet, individual councillors responsible for services (“portfolio holder” or “executive member”)

• Need not reflect overall political balance of council

• Cabinet decisions can be collective or individual• Publishes Forward Plan – document setting

broad details of decisions coming up in next three months

Cabinet powers

• Sets council’s over-arching policy framework

• Takes all the key decisions on policy/services

• Determines spending priorities and recommends budgets

Cabinet “pluses”

• More efficient

• Improved accountability

• Lines of responsibility clearer

• In other words - public know who is doing what – where the buck stops

Cabinet “minuses”

• Backbenchers sidelined - not part of decision-making process

• Decisions taken by small one-party “cabals” – less democratic?

• Potential for views of local community to be ignored

• Lack of accountability – decisions by individuals

• Checks and balances weak

Scrutiny – the checks & balances

• All councils have all-party scrutiny committees:

These have powers to:

• “Call in” cabinet decisions• Summon councillors, officers and others to

explain/answer questions about decisions/policy• Request review of cabinet decisions via “refer

back” process

Scrutiny ii

• Carry out independent investigations & report on any local issue - eg health, transport, drugs, policing

• Cannot overturn cabinet decisions – only make recommendations

• Holds meetings in public

NHS Scrutiny Committees

• Each council area must have an NHS Scrutiny Committee.

• Can review any aspect of health care affecting its area, eg hospital closures; health scandals

• In two-tier areas, this will have representatives of county council & district council, plus lay representatives

Scrutiny committees - minuses

• Have influence but not power – cannot overturn decisions

• Refer back process comes after decisions made

• Can become “political”

• Can slow down decision-making process – also a plus

• Lack political/back-up support

Scrutiny – the pluses

• Although limited, decision makers can be called to account in public

• Recommendations can influence and sometimes change council policy

• Ability to examine issues outside direct remit of council

Cabinets – open or shut and our right to know

Cabinet meetings must be open to press and public:

• For all key decisions• For discussions on key decisions• Optional for other “non key” decisions

Where meetings are open:

• Press and public entitled to agendas and reports five working days before meeting

• Urgent items (those not on agenda) only allowed if relevant scrutiny committee chairman agrees

Cabinet meetings – open or shut?

Closed• Decisions which are not “key”• For “early collective discussions to narrow

options under debate”• For “political debate” without officers• For cabinet members to clarify matters

with officers• Decisions involving exempt or confidential

information

What is a key decision?

A key decision (under Local Government Act 2000) is one likely:

• To result in authority spending or saving a “significant” sum of money

• Is “significant” in terms of its effects on communities living or working in two or more wards

• BUT: It is for each council to define what it is significant – usually through financial thresholds!

Individual cabinet decisions

Councils must additionally publish:• Records of all individual cabinet member

decisions• Background papers to those decisions• Any alternative options considered but

rejected

Find out what your council’s arrangements are for publishing key decisions

Local Government (Access to Information) Act 1985

• All meetings of principal authorities; their committees and sub-committees must be open to the public

Unless:

Dealing with exempt or confidential information

The Act also applies to police and fire authorities and joint committees of health and local authorities

Access to Information Act 1985

Information is confidential if:• Would cause council to breach duty of

confidence

Or if disclosure is forbidden by:• Government• Statute• Order of the court

Access to Information Act, 1985• Information is exempt where it relates to:

• Employees; job applicants• Council tenants or applicants for services or grants• Care; adoption or fostering of a particular child• A person’s financial/business affairs• Supply of goods/services if prejudicial to negotiations or bargaining

positions• Labour relations where prejudicial to negotiations• Legal advice• Investigation and prosecution of offenders

• Schedule 12A of the Act

Access to Information Act 1985

Where a meeting is public:• Press must have “reasonable facilities” to report and

phone copy (a chair…or bench)• Agendas and reports must be available five working

days before meeting• Copies of these to be available at meetings• Late items can only be considered if deemed urgent by

the committee chairman• Agendas, reports and minutes must be kept for six years• Where press and public are excluded a vote must be

taken; a formal resolution passed and the relevant section of the Act read out

Access to Information Act 1985

Has been partly amended by….• Local Authorities (Executive Arrangements) (Access to

Information) (England) Regulations 2000**• Freedom of Information Act 2000*

**This deals with the right of press and public in relation to council cabinets/executives and regulations around key decisions

* Has amended regulations around exempt information – because info exempt under 1985 Act may not be under FOI Act

Directly-elected mayors

• Councils led by single political leader after an election

• Before a mayoral election, voters must first show support for idea in public referendum

• Voters can call for referendum (must be 5% of electorate)

• Simple majority determines referendum• In election, electors vote for 1st and 2nd

preference candidate

From football mascot “H’Angus The Monkey” to respectable mayor – Stuart Dummond, elected mayor of Hartlepool three times and once voted Best Mayor In The World

Mayoral elections

• 2001 - First voter-initiated election for mayor – Berwick on Tweed, 2001 with 64% turnout

• 2002 – 11 elections; 5 won by independents (inc. Ray Mallon – ex-policeman in Middlesborough; Stuart Drummond, Hartlepool; Dorothy Thornhill, former teacher; Watford)

• Turnout mixed – 40% to 19%• 2005-06: Several re-elected

Mayoral elections 2009

• Three elections took place in June:• Doncaster: Won by English Democrats’

candidate Peter Davies from Labour• Hartlepool: Stuart Drummond won third

term (with UKIP and BNP candidates beating Conservatives and Lib Dem candidates)

• North Tyneside: Won by Conservative Lynda Arkley

Mayors – the pluses

• Can build profile/re-invigorate area• Candidates can come from outside mainstream

politics – independents with no party allegiance• Can encourage greater public interest• Speedy decision making• Accountability – people know who’s in charge• Strong community leadership (eg Ray Mallon)

Mayors – the minuses

• Scope for abuse of power/corruption/pursuing vested interests

• Greater potential for “maverick” candidates could to bring local government into disrepute

• Potential for more decisions to be taken behind closed doors rather than at open meetings

• Backbench councillors may feel alienated or sidelined (similar problem to cabinet)

• Too much power vested in one individual

Coalition plans – Localism Bill

• Directly-elected mayors for 12 largest English cities

• Subject to:i) “confirmatory referendum”ii) “full scrutiny by elected councillors”

Referenda will be held in May 2012; if public supports idea, votes to be held in May 2013

Cities where mayoral votes will happen

• Birmingham, Bradford, Bristol, Coventry,Leeds, Leicester, Liverpool, Manchester, Newcastle, Nottingham, Sheffield and Wakefield

Coalition plans ii

• Plans for new unitaries in Norfolk, Suffolk and Devon to be scrapped

• Councils will be permitted to return to old committee system

• Powers to communities to “save local facilities threatened with closure”

• Powers to communities to “take over local state run services” [‘The Big Society]

Working the cabinet system for news

System allows for many bites at the cherry… Pre-write from cabinet reports/agendas Report outcome at cabinet meetings (check

webcasts) If controversial, will it go to scrutiny? Yes? Report ahead of scrutiny meeting Report outcome of scrutiny committee Any ‘refer back’ to cabinet from scrutiny? Yes: Issue must return to cabinet for discussion Any need for full council rubber-stamping?

Monitor scrutiny committee inquiries

• Have controversial decisions been called in?

• What independent inquiries are there?

• Are they summoning interesting witnesses? When?

• When are reports of inquiries likely to be published?

Full council

• All councillors must set budget and council tax levels

• Full council must agree decisions which represent departure from agreed policy framework

• Appoint chief officers

• Makes constitutional decisions