Diploma in Local Government Studies: 2019/20 (Accredited by NUI)
LESSON 1 Local Government Reform
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©Institute of Public Administration 2019/20
CONTENTS A INTRODUCTION ...... 3
B LOCAL GOVERNMENT – ROLE AND PURPOSE ...... 3
C SHORTCOMINGS IN THE IRISH LOCAL GOVERNMENT SYSTEM ...... 5
D LOCAL GOVERNMENT – CHALLENGING TIMES ...... 6
E BETTER LOCAL GOVERNMENT: A PROGRAMME FOR CHANGE ...... 9
F IMPLEMENTATION OF BETTER LOCAL GOVERNMENT ...... 16
G MODERNISATION OF LOCAL GOVERNMENT……………………………………………………….21
H STRONGER LOCAL DEMOCRACY -OPTIONS FOR CHANGE………………………………………25
I OECD REVIEW , TRANSFORMING PUBLIC SERVICES, THE MC CARTHY REPORT, COMMISSION ON TAXATION REVIEW and LOCAL GOVERNMENT EFFECIENCY REVIEW...... 26
J PROGRAMME FOR GOVERNMENT 2011/16………………………………………………….…………………. 32
K PUTTING PEOPLE FIRST………………………………………………………………………………………………34
L LOCAL ELECTORAL AREA BOUNDARY COMMITTEE REPORT, 2013………………………………………37
M PUBLIC SECTOR REFORM PLAN, 2014/16…………………………………………………………………………38
N LOCAL GOVERNMENT REFORM BILL,2013/ACT, 2014………………………………………………………….41
O PERFORMANCE OF RESERVED FUNCTIONS BY MUNICIPAL DISTRICTS…………………………………..42
P FINANCIAL PROCEDURES, AUDIT & OVERSIGHT……………………………………………………………….43
Q REGIONAL ASSEMBLIES………………………………………………………………………………………………44
R ALIGNMENT OF LOCAL GOVERNMENT & LOCAL DEVELOPMENT…………………………………………45
S PUBLIC PARTICIPATION NETWORKS…………………………………………………………………………………...... 49
T DIRECTLY ELECTED MAYORS…………………………………………………… 49
U EDUCATION & TRAINING BOARDS……………………………………………………………………………...... 50
V OPERATIONAL REVIEW OF LOCAL GOVERNMENT ARRANGEMENTS…………………………50
V/W CONCLUSION/ CONCLUDING REMARKS…………………………………………………………………………51
APPENDICES…………………………………………………………………………………………………………….54
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A INTRODUCTION
This lesson concentrates on the various attempts at reform of our local government system since 1970. There will be a strong focus on Putting People First (PPF) and on Better Local Government: a Programme for Change (BLG). An important report in this regard is the Report of the Local Government Boundary Committee which was published in 2013 and which made detailed recommendations regarding the electoral and structural changes set out in PPF.
Because the precise organisational and operational changes associated with PPF have not had time to bed in as of yet, the impact of BLG since its publication in late 1996 will be commented upon and a view given as to the impact of BLG and subsequent proposals to addresses the deficiencies in our system of local government. The likely implications of PPF will also be considered. Case studies arising out of the proposals will also be examined and put forward for discussion.
Initially, however, it is important to discuss the role and purpose of local government, the shortcomings of our local government system and some of the early attempts at reform.
The lesson will look at the environment in which the local government system operates today, the challenges that lie ahead and the contribution of BLG to responding to these challenges. The lesson will also examine the provisions of the Local Government Act, 2001 and consider other current reform and modernisation issues such as the emphasis on performance management and corporate planning.
It will then turn to examine more recent initiatives and recommendations in this area under, for example, the Green Paper on Reform of Local Government entitled Stronger Local Democracy – Options for Change, the Task Force Report, the Local Government Efficiency Review, the Putting People First Policy and the Reports of the Boundary Committee of 2013 and the Local Government/Local Development Alignment Steering Group.
B LOCAL GOVERNMENT – ROLE AND PURPOSE
Local Authorities are: facilitators of local democracy and community development Service providers Law makers Regulators and implementers of national policy & legislation
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Democracy is a form of Government in which the supreme power is vested in the people collectively and is administered by them or by officers appointed by them. It is Government of the people, by the people, for the people.
Jones and Stewart in their book The Case for Local Government posited that: “The greatest strength of local government should be that it promotes efficiency by promoting services and a mix of services that better fit local conditions and circumstances than can ever be achieved by more distant decision makers”
European Charter of Local Self Government- Article 3 states:
“Local self government denotes the right and ability of Local Authorities, within the limits of the law, to regulate and manage a substantial share of public offices under their own responsibility and in the interests of the local population”.
Other elements of Local Government:
It accords with the principle of subsidiarity; It allows local people to decide on their priorities, the level of taxation and the level of services; Local Authorities are the only directly elected body outside of Dail Eireann which gives them a very strong political mandate.
John Collins, in the concluding lines of his book, Local Government, illustrates the importance of participation in local government as an education in working democracy: "It is the part of government that is most accessible to the average citizen, that most closely touches him, and presents the most opportunities for public service – it is a school of citizenship. It associates many citizens with the actual business of government and has a peculiar function as the arena in which men and women can graduate as public representatives. It fulfils a higher purpose than that of a mere provider of roads, water and sewers and all the rest and its success must be judged by the manner in which it fulfils its dual role."
As Des Roche, in a rewrite of Collins book some years later, commented: “There is a slight tinge of overstatement in this admirable eulogy… but this does not detract from the description of local government as a gateway giving access to the labyrinth of government”. Roche refers to another purpose of local government, largely unacknowledged in our system. This is the function of “providing a political counterpoise to central authority and power. Local Authorities should be able to develop enough inherent strength to deal with national authorities in a valid partnership”. Unfortunately, the Irish local government system has many shortcomings when measured against some of the ideals set out above. While Local Government may often be seen by the general population in terms of the provision of services, a new definition that placed the emphasis, not on the provision of services, but on the representative and community leadership role for
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Local Authorities and for elected members in particular was set out in Part 9 of the Local Government Act, 2001. This outlines the role of a Local Authority as being;
To provide a forum for the democratic representation of the local community and to provide civic leadership To carry out the functions conferred on the authority by this or any enactment To carry out any ancillary functions To take action to promote the community interest.
Many of the reforms of local government and the push to integrate local government and local development seek to fulfil the role envisaged for Local Authorities in the 2001 Act.
Putting People First restates and expands on the vision for Local Government set out in the Constitution. It states: ‘The ultimate purpose of local government is to promote the well being and quality of life of citizens and communities, through effective, accountable and democratic representation, and efficient performance of functions and delivery of services at the local level. Thus, the Local Authority role embraces a combination of service delivery, regulating relevant matters in the public interest, promoting sustainable physical and spatial development, and uniquely, providing democratic representation and accountability. The representational and leadership role is relevant not only to the Local Authority’s own direct functional responsibilities, but also to wider matters affecting the welfare of people and generally mobilising action for the betterment of the area and the community. Successful performance of this multi-faceted role requires a range of qualities, including responsiveness, leadership, innovation, commitment to efficiency and value for money, along with support for national objectives and compliance with international obligations.’ (Putting People First, P. 16)
C SHORTCOMINGS IN THE IRISH LOCAL GOVERNMENT SYSTEM
Local Government stakeholders have identified a number of Shortcomings/Limitations/ Challenges in the system down through the years in the areas of Functions, Form (Structure) and Finance including the following:
Functions o Range of functions is quite limited o The system is not the focus of local attention it should be o Local Authorities in other EU countries deal with broader range of services including Health, Social Welfare, Tourism, Policing, Courts and Justice, Education, Electricity
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform o Irish Local Authorities account for 11 to 15% of typical Danish Local Authorities expenditure o New local bodies set up to undertake functions which are performed by LAs in other EU Countries (Leader Companies, County Enterprise Boards).
Form/ Structure o Relatively small number of LAs compared other EU Countries o Relatively small number of Councillors o Imbalance at County Council level- Leitrim v Cork o Need for revision of boundaries in many major towns and cities o Regional Authorities have very limited role
Finance o Amount of funding available is inadequate to meet escalating costs of many services e.g. Environmental Protection, Waste Management, Energy o Local sources of funding limited. Most EU LAs raise more of their own revenues locally o Existing local funding sources under pressure due to economic recession o Large percentage of revenue is derived from specific Government grants o LAs have no discretion over vast elements of public expenditure at local level o LAs have little fiscal autonomy, which acts as a barrier to improved performance and re-enforces a culture of compliance.
Other aspects under scrutiny included:
Powers of Elected Members: o Are the elected members the true decision makers o Does the balance of power between the Chief Executive and the elected members put a brake on our system of local democracy? o Should Local Authorities have directly elected chief executives? o If the elected members are not the true decision-makers, is it a system of local administration rather than local government in its true form?
Staffing o Staffing structures were not updated for many years to the extent necessary to cope with complex policy and legislative issues. o There is little freedom to attract staff with necessary expertise or to allow staff “thinking time” as opposed to time to deal with purely operational matters. To some extent the staffing restructuring under BLG addressed these issues. o The public service staff embargo imposes restrictions on the quantity and level of public services that can be delivered locally through the arm of government closest to the local electorate.
D LOCAL GOVERNMENT – CHALLENGING TIMES
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Earlier, the role and purpose of local government was highlighted, together with the deficiencies in the Irish system. Before moving on to consider the latest proposals to reform the system, it is important to highlight the way in which change has been impacting on local government, especially in recent times. This has compounded the need for reform of the system. Richard Boyle, in his paper “Local Government Management at a Time of Change – Trends and Implications”, accurately captures the dimensions of change impacting on the system.
Legislative There has been major legislative change with the adoption of major Local Government Acts in 1991, 1994, 1998, 2001and 2014. The Environmental Protection Agency Act, 1992; Roads Act, 1993; Road Traffic Act, 1994; Waste Management Act, 1996; Freedom of Information Act 1997, the Planning and Development Acts 2000 and 2010, Water Services Acts and numerous other Acts, Regulations and Directives. In addition the higher courts are continually causing the interpretation of existing laws to change through case law which in itself initiates the need for legislative change.
European Union The volume of European Union legislation has increased significantly and impacts on Local Authorities in their role as employers and service providers. Significantly, it impacts on the environmental and planning roles of the Local Authority. Examples include the Urban Waste Water Directive (91/271/EC), Landfill Directive (99/31/EC), and the Environmental Impact Assessment Directive (85/337/EEC). This was recognised in the European Commission`s White Paper on European Governance published in July, 2001. However, it also noted in relation to Local Authorities that “in spite of their increased responsibility for implementing EU policies, their role as an elected and representative channel interacting with the public on EU policy is not exploited.
Environmental Environmental planning and management have become major issues for Local Authorities. As the green agenda has grown, concepts such as “sustainability” and the “polluter pays” principle must be explained to the public at large. There is an increasing role in recycling, litter control and waste management generally. There are huge costs associated with proper environmental management, including waste, wastewater and the introduction of water pricing policies. Local Authorities are required to produce Local Agenda 21s to ensure that the concept of sustainable development is promoted at local level. This is a major challenge for local government.
A further major challenge in this area is the certainty that Local Authorities will have to lead the way at local level to implement changes in behaviour necessary to fulfil climate change obligations.
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Managerial The elements of change impacting on managerial practice in local government are also very significant. In March 1996 the Minister for the Environment launched the Strategic Management Initiative in Local Authorities, and each Local Authority was originally required to produce a Strategic Plan by March 1997. In 2000 the Minister again set out in Modernising Government-The Challenge for Local Government that Local Authorities must engage in strategic planning and prepare new corporate plans based on a new partnership approach.
In today’s competitive environment, Local Authorities must deliver services of high quality, on time and cost effective. And it must do so in an open and transparent manner. It must also develop a set of tools and yardsticks by which it can demonstrate its commitment to best practice and by which the public can make judgements on the performance of those it entrusts with providing public services. Service indicators, performance measurement and benchmarking are now features of the partnership approach to corporate planning and are also linked to national pay increases.
Under the terms of the National Agreement-Sustaining Progress, Local Authorities are obliged to implement PMDS (Performance Management and Development System). Pay related performance awards were introduced in 2003 for Managers and Directors of Service and equivalent but were subsequently dropped.
Managers are also required to give an increasing amount of their time to government initiatives at Departmental level, local development initiatives since 1993, and regional authority structures. Privatisation, public-private partnerships and contracting-out of services, decentralisation of services to the area level and value-for-money initiatives are now important elements of management within the local government service. Managers have to be aware of the capabilities of technological development and the implications of changes arising from its implementation.
In May 2000, the document Information and Communications Technology Vision for Local Government asked Local Authorities to make the best use possible of ever changing technology. The Minister stated that "if you don't put ICT high on the organisations agenda, you'll be missing out on the most powerful tool available to you to transform how you do business". Managers must take account of the information society and what emerging concepts such as e-democracy, e-government and e- planning may mean for local government.
Political/Citizen The political and public dimension to local government activities is also changing. There is a more educated, articulate and demanding public. There appears to be an increasing emphasis on the individual good rather than the common good. There has been a growth in the number of voluntary/community organisations and particularly interest groups. The influence of the local media is also increasing.
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This makes it more and more difficult for the elected members to associate with controversial policy decisions, as it may compromise them with their own local electorate. At the same time there is a demand to address a local democratic deficit and to give greater powers to the elected members rather than the non- elected officials.
Greater consultation and collaboration is required in all areas of decision making. This approach requires different personal and managerial skills.
Conclusion When one pauses to consider the nature and purpose of local government, the many shortcomings still prevalent in our system and the challenges that the system currently faces, the need for reform is self-evident. It is in this context that one must consider the proposals contained in BLG and PPF and the proposals to strengthen local democracy.
E BETTER LOCAL GOVERNMENT: A PROGRAMME FOR CHANGE (BLG)
In the foreword to BLG the Minister for the Environment, Brendan Howlin TD, acknowledged that while the reform of local government was on the political agenda for 25 years, meaningful change had been limited to date. His objective was “to create a modern, efficient and properly resourced local government system”. BLG, in his view, would offer local government an opportunity to re- establish itself as the legitimate voice of local communities and to lead local government action in support of those communities.
The proposals contained in BLG are now examined and critically commented on.
Enhancing Democracy The measures set out under this heading aim to:
recognise the legitimacy of local government as a democratic institution enhance the electoral mandate within local government broaden involvement in local government.
Specifically, the Government requested the All-Party Oireachtas Committee on the Constitution to consider the inclusion of a provision for constitutional recognition of local government. The Government also decided that Ireland should sign and ratify the European Charter for Local Self Government. Both of these have been implemented. These initiatives were welcome, as was the decision to give the local government sector representation on NESC.
There were a number of proposals to enhance the role of the Councillor. It was stated that this would be achieved by:
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government, supported by the active involvement of sectoral interests improving administrative support and back-up for carrying out their corporate role widening the remit of local government.
Strategic Policy Committees (SPC) BLG refers to the need to re-orient the corporate role of Councillors so that they may have a better and more focused involvement in the development of policy generally. They should be more involved in the strategic monitoring of Local Authority operations. In order to develop this policy role, a radical overhaul of the committee system was proposed:
each county, city and major town council would be required to establish strategic policy committees (SPCs) mirroring the major functions of the Local Authority the number of SPCs to be tailored to the size of the Local Authority each SPC to be supported by a Programme Manager (subsequently retitled Director of Services) for the relevant service operating under the general direction of the SPC and arranging for the submission of policy review papers on the service(s) in question. within this framework, SPCs were allowed to identify particular policy areas for special consideration and to report on necessary changes to the full council the chairperson of each SPC to be paid an allowance and to hold the position for a period of up to two years (the Local Government Act, 2001 amends this to a period of not less than 3 years) the SPCs to meet at least quarterly and submit a written report to the full council, with the chairperson to present the report to the council.
Corporate Policy Group (CPG) The Mayor/Cathaoirleach of the Local Authority, working with the chairs of the SPCs, form the Corporate Policy Group and have a key role in developing a wider role for Councillors. This group links the work of the different SPCs, acts as a sort of cabinet, and provides a forum where policy positions affecting the whole council can be agreed for submission to the full council. The CPG also:
oversees the preparation of Corporate Plans monitors performance of the authority overall and in specific areas such as customer service prepares a budget, where an estimates committee is not in existence. (Under the Local Government Act, 2001 the CEO is required to consult with the CPG in the preparation of the draft budget).
Partnership and Participation The case is then made for the involvement of local people as a major resource available to Councillors in carrying out their functions. No single actor, public,
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform private or voluntary, is seen as having the knowledge or resources to tackle problems by unilateral action. To promote local participation and draw on the expertise of the various sectors, not less than one-third of the members of SPCs are to be drawn from bodies relevant to the committee’s work. This would bring in extra expertise and make for better decision making overall.
Area Committees In order that Councillors could ensure that policies are translated into the effective delivery of services, the development/creation of area committees of the council was recommended. (Areas committees were operating in many Local Authorities for some years prior to the introduction of BLG).
Role of Councillors There is no doubt that many Councillors concern themselves more with the day-to- day issues such as grants of planning permission, housing and road repairs, etc., than many of the policy issues facing Local Authorities. The clientelist nature of Irish politics breeds this type of approach. Involvement in the preparation of policy positions is time-consuming and most Councillors are trying to hold down full-time employment. But there are also many Councillors who resent being presented with proposals which are seen as a fait accompli, and this presents difficulties in getting the Councillors to claim ownership of the policies afterwards. It tends to create a “them and us” attitude with officials. These are the issues which the SPCs are seeking to overcome.
A Wider Role? The Government of Renewal policy statement gave a commitment to renewing the system of local government by making it the focus for local development initiatives. The Government in 1996 confirmed this approach by accepting the principles set out in the Devolution Commission Interim Report whereby the existing Local Authority and local development systems would be brought together and simplified. “Local development” initiatives include Partnership Companies, A.D.M. funded Community Development bodies, Leader Groups, County Enterprise Boards and County Tourism Committees. The Government felt that these initiatives reflected the spirit of partnership which had underpinned economic and social development at national level; that they were highly innovative in their working methods and in preparing flexible, targeted and integrated responses to local needs. The limited financial resources available to Local Authorities, the demands of the traditional services and the lack of buoyancy in the financing system were given as reasons why local government had limited capacity to take a wider role in community development.
These excuses for bypassing local government were neither accepted by Councillors nor Local Authority management. All the local development initiatives are funded directly by central Government with EU assistance. The structures could easily have been set up within the remit of local government without duplicating administrative systems. Indeed, the one local development initiative funded through local government, i.e. the Urban & Village Renewal Programme, worked very well, yet the
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Department did not allow for any administrative costs to be charged against this scheme and only limited technical assistance. Perhaps the single most important reason for the lack of true reform to this point was the inability to change the status quo at central government level.
Whatever about the reasons for bypassing local government, it was quickly recognised that when all these separate groups were set up there was a need for co-ordination. County Strategy Groups (CSGs) were set up in 1995 to provide this co-ordinating mechanism.
Building on the recommendations of the Devolution Commission, it was confirmed in BLG that the Government had decided that, on the completion of the then current round of spending under the EU Community Support Framework (i.e. from 1 January 2000), an integrated local government and local development system would come into being. To assist the process of integration the following measures were to be implemented:
each county/city authority to appoint a Director of Community and Enterprise Development each county/city authority to establish a community and enterprise group (CEG) with not less than half the members drawn from the local development bodies. The CEGs would be charged with promoting co-ordination generally between the two systems and steps towards their integration each CEG was to be charged with the task of developing, before the end of 1997, a fully worked-out plan of how best to achieve the integration of the two systems in its area.
The process of integration, among other things, was to seek to eliminate duplication of roles and administrative systems; to retain the partnership approach; to focus on social exclusion; to shape comprehensive community and enterprise development plans; and to promote the one-stop shop concept to the maximum extent possible. The “integration” theme was taken further by the Task Force Reports which are considered in more detail later.
Critique of Proposals Because of the narrow range of functions available to Irish Local Authorities, the local government system is not the focus of local attention it should be. The move to widen the remit of local government would help to redress this situation. Reference was made earlier to the one local development initiative carried out by Local Authorities, i.e. the Urban and Village Renewal Programme. Work carried out under this initiative has not only been extremely beneficial to local communities but has also helped to raise the profile and improve the image of Local Authorities. Local Authorities would have wanted the structures proposed to work given the opportunity to play a lead role in this area.
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In recent times, Local Authorities feel they have been responding to an agenda set by others in the local development area. Bringing the local development initiatives under the aegis of Local Authorities would have provided an opportunity for Local Authorities to participate in setting the agenda and giving credibility to the ‘wider role’. Whether the local development groups were as enthusiastic is another question. There is only a brief reference in BLG to the devolution of extra functions to local government as part of developing the wider role. This was partly because the Devolution Commission’s final report was awaited at the time.
Human Resources There had been concern for some time that the human resource dimension within the local government system did not have the capacity to cope with the level of change impacting on the system. Reference was made in BLG to the weaknesses within the existing system which were inhibiting effectiveness:
extensive DoEHLG control over personnel matters management structure geared towards operational matters but not so well geared towards policy development the multiplicity of clerical and administrative grades and separate professional administrative structures very little open recruitment ad hoc training of staff low participation rates by women at higher levels in the service.
Central Controls With regard to central controls it was stated that further human resource decisions would be devolved to Local Authorities but subject to compliance with Government policies on remuneration, staffing numbers and with budgets. Controls on remuneration and budgets are understandable, but it is difficult to see the reason for Government retaining control over staffing numbers if Local Authorities adhere to their budgets.
New Management System The McKinsey Report, 1971 brought forward proposals to reform the management structure. Few changes were implemented in the aftermath of that report. Indeed, since the management system was introduced generally in 1942, very little change had taken place until the reforms post BLG. As stated in BLG, the role of the manager as envisaged when the system was established was very different from what is needed in the 21st century. Management in local government is also very different from management in the private sector, and more demanding in many ways. Management in a political institution requires political sensitivity and an understanding of political purpose. Growing public demands are a condition of local government, and the management of such demands is a necessary task for the managers in Local
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Authorities. Management in local government is not merely concerned with economy, efficiency and effectiveness; it must also be concerned with equity.
The need for change was recognised in BLG and a new management system introduced. The new tier of management, Directors of Service, was intended to have clear and unambiguous responsibility for the programmes of the Local Authority. The Director of Services approach was intended to provide the necessary policy support for Councillors under the new policy committee structure. It was also expected to facilitate delegation of functions so that the County/ City Manager (Chief Executive) could become more concerned with strategic issues.
It would allow clear goals to be set for individual services and managers as part of the Corporate Planning (SMI) process. The creation of the Director of Services tier was intended to offer an opportunity for engineers and other professional/technical staff to get involved in corporate management.
This can be seen as a McKinsey-like attempt to ensure a management orientation rather than the traditional professional or technical approaches. The application of the new management system was completed in Local Authorities with the appointment of Directors of Services, Heads of Finance and other management grades.
Peter Drucker in his book “The Practice of Management” said that “The most common source of mistakes in management decisions is the emphasis on finding the right answer, rather than on finding the right question” Taking a more strategic and a collaborative approach to decision making requires a major culture change in Local Authorities. The increasing tendency to specialise and the need for individual directors to have a degree of specialist knowledge may not be the ideal development for management posts which require a very generalist and wide ranging background.
Much was done under BLG but the reform agenda continues and new leadership and management skills are needed to face the challenges of local government in the future. Too much time is taken up in dealing with the day to day operational issues and not enough time is given to policy development. Developments such as the longer term Strategies for Economic, Social and Cultural Development and the 5 year Corporate Planning processes at city and county level are helping to change mindsets.
Miscellaneous There were also proposals to strengthen the human resources function, to examine recruitment practices, and to develop flexible working relationships within local government. The assessment of training and development needs and the identification of suitable training providers were identified as priority areas for the Local Government Management Services Board. It was also stated that investment in staff training should be at least 3 per cent of payroll cost and Local
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Authorities would be expected to meet this target within a relatively short time- frame.
Finance The financing of local government has been a thorny issue for many years. It is the most serious issue facing local government. If this is tackled properly, the solutions to other problems facing the system will follow more easily. The issue has been a political hot potato and successive governments have taken negative rather than positive decisions in this area. Domestic rates were abolished, agricultural rates were allowed to go the same route, the collection of charges was made more difficult by way of legislation and the limited system of residential property tax when introduced was administered at central level. Various studies were commissioned but findings were never acted upon.
It was acknowledged in BLG that not only were Local Authorities without funds to respond to worthwhile community projects, they were finding it increasingly difficult to maintain present services at acceptable levels. Particular problems were arising in meeting the costs of maintaining new water and waste-water treatment plants and of waste disposal. It was stated that a locally available independent and buoyant source of finance was vital in the renewal process. A further report on Local Government Finance was commissioned by the Minister in 2004. (Indecon Report)
Quality Services There was a strong emphasis on quality services in BLG. This was to be expected. Many of the specific actions referred to were already being dealt with as part of the Strategic Management Initiative process within Local Authorities, and quality is a key area of focus in the development of service action plans. Proposals to develop one-stop shop centres were also put forward.
The establishment of a quality awards scheme for quality initiatives undertaken by Local Authorities was also suggested and would be an important outlet for initiative and innovation within the system. The existing quality mark schemes are difficult to apply in local government, and a new scheme should be developed appropriate to local government services.
Organisational Issues
Regional Level Measures were proposed to improve the capacity of the regional authorities to fulfil their mandate and strengthen their strategic role. The commitment of Local Authorities to the regional authority set-up was questionable. The proposal to assign overall responsibility to a County/City Manager was seen as a step in the right direction.
County/Sub-county Level
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The county/city level was to remain the principal unit of local government. Greater cross-county co-operation was recommended, as was decentralisation to area level. At sub-county level, many of the recommendations of the Commission on town local government were to be implemented. A structured system of town/county meetings and joint town improvement programmes was proposed. The harmonisation of area and urban services was to be promoted. Water and waste water services would be consolidated at county level.
The question of urban boundaries and the need for extensions was being left to the relevant town/county authorities to bring forward proposals as necessary. This is an extremely difficult area to deal with. The decision was taken in 1994 to extend urban boundaries for electoral purposes. Subsequent analysis has shown that if such arrangements were put in place for all purposes then many county authorities, under the current funding arrangements, could not cope with the financial consequences.
F IMPLEMENTATION OF BETTER LOCAL GOVERNMENT (BLG) BLG was published in December 1996. Very little progress was made in relation to its implementation before the general election and the change of Government in June 1997. The exception to this was the passing of the Local Government (Financial Provisions) Act, 1997 which gave effect to elements of the new financing system proposed in BLG, i.e.
assigning the proceeds of motor tax to Local Authorities with provision for equalisation of financial resources between Local Authorities abolishing charges for water and sewerage services to domestic consumers giving statutory effect to value-for-money auditing in Local Authorities.
An Action Programme for the Millennium Fianna Fail published a policy document, Real Local Government, coming up to the election in 1997 which indicated support for many of the proposals contained in BLG. There were particular reservations regarding the funding system, however. With the subsequent formation of the Fianna Fáil/PD Government, its programme for Government An Action Programme for the Millennium was launched. The key priorities for local government were listed as follows: a) Establishing a statutory local government fund based on a fixed percentage of national taxation b) Allowing greater discretion to Local Authorities in spending priorities based on their performance and the value for money they obtain c) Capping increases of commercial rates d) Financing county road improvements from the national motor tax receipts with suitable “equalisation”, such funding to take account of the findings of the National County Roads Survey e) Introducing comprehensive value-for-money audits for all Local Authorities
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform f) Improving efficiency throughout the system g) Removing the democratic deficit by restoring real power to elected members h) Facilitating a new partnership with the community and voluntary sector.
Devolution Commission – Second Report Shortly after taking office the Government released the Second Report of the Devolution Commission. It stated that it had accepted the essential recommendation of the report – that there should be a range of functions carried out at local level, in an integrated way and under local political direction and that work should begin to put in place arrangements to achieve this local control and direction. The guiding principles of local government reform as set down under the Action Programme for the Millennium were reiterated, and the Minister for the Environment and Local Government was asked to bring forward an implementation programme. Whether there was a real commitment to the devolution of functions on the basis set out in paragraph 13 of the Second Report is debatable. Certainly the Government statement would have needed to be more explicit in this regard.
In effect the Government had simply decided to press ahead with the establishment of Strategic Policy Committees (SPCs) and Corporate Policy Groups (CPGs) In September 1997, Guidelines for the Establishment and Operation of SPCs were published. The Minister for the Environment and Local Government, Noel Dempsey TD, took the opportunity to express his commitment to the SPC system and asked Local Authorities to implement the process in an open and inclusive manner.
Task Force on Integration The first point worth noting about the Working Group that made up the Task Force was its membership. It was chaired by Noel Dempsey TD, Minister for the Environment and Local Government with the Minister of State also a member. More significant from a public management perspective, perhaps, was the cross- departmental representation, with 11 Government Departments at senior official level represented. It framed its output in the context of a now highly developed national policy framework ranging from sustainable development to public management reform, from poverty to industrial and information society strategy. It accepted, significantly, that “many, if not most policy functions, simply cannot be looked at in isolation from other policy areas”. It is in this context that the first report of the Task Force examined both central and local co-ordination.
The first Task Force Report on the Integration of Local Government and Local Development Systems was published in August 1998 and approved by the Government in September 1998. The recommendations included:
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the recruitment of a Director of Community and Enterprise by each county/city council the Director would make preparations for the establishment of a county/city development board by January 2000 County/City Development Boards (CDBs) would be established the primary function of the CDBs is to draw up and work towards the implementation of “the Strategy for Economic, Social and Cultural Development” (the Strategy) within the city/county.
The report dealt with the membership and structure of the CDBs and the purpose of the Strategy. It also provided for organisational adjustments which would impact on Local Authorities and local development agencies.
The second Task Force Report entitled Preparing the Ground: Guidelines for the Progress from Strategy Groups to County/City Development Boards was published in April 1999 and prescribed the manner in which county/city development boards were to be established.
Specifically: A typical county/city development board to contain 25 members drawn from four sectors: local government, local development, State agencies and social partners The boards to adopt a thematic approach in the development of the County Strategy Directors of Community and Enterprise to be appointed in each city/county to establish the board and to lead, reinforce, promote and guide Local Authority activity related to community development in its broader sense Local Authorities to progress the establishment of expanded area committees. These committees, based in electoral areas, to include members of the council, representatives from the local development sector and groups active locally in the community/voluntary sectors. The committees to consider community development and county/city development board related issues.
County/City Development Boards were established in the first quarter of 2000 following the appointment of Directors of Community and Enterprise. All 34 Boards launched their strategies in 2002.
Task Force Principles Importantly, both reports established key underlying principles for a reformed process of local governance. Without going into detail on these, they can be divided into three key pillars:
democratisation
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collaborative participation geographic/area-based strategic planning.
Within these three pillars, which are clearly interrelated, the reports’ own identified principles can be considered.
Democratisation
Community development Democratic legitimacy Local government Value for money
Collaboration
Social inclusion Partnership/participation Voluntarism Simplicity
Area-Based Strategic Planning
Flexibility Process Thematic/area-based approaches Linkage with various programmes
This innovative thinking, for a centralised system of administration, provides us with the Rio/UNCED Principles of Sustainable Development. In other words, it is, whether the authors realised it or not, among the best working definitions of Agenda 21 to be found at national level in Western Europe. The key feature of the energising of the above principles was the creation of a process based on an integrated socio-economic strategy founded on the principles of sustainable development. This is a huge challenge which, despite the best efforts of Local Authorities in other European countries, has few working examples. In addition, these few examples are principally urban-based. A clear challenge is therefore being placed before those involved in local government and local development in Ireland to create models of integrated thinking appropriate to an Irish urban and rural perspective. This is particularly difficult in the absence of such policies at national level.
Integrated Socio-Economic Strategy The Task Force published a third report in May 2000 entitled “A Shared Vision for County/City Development Boards”. This report set out an eight step process for the development of strategies.
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The Task Force called for the creation of a “shared vision” to addresses the many plans to be found at local level. County development plans, by and large, simply reflect a "physical planning tradition" of planning and administration rather than a "collaborative planning tradition" which views planning in an integrated socio- economic context.
This approach contrasts with the approach adopted by CDBs, which involves the application of strategic planning principles in an integrated fashion to address social, economic and cultural issues.
Local Government Act, 1998 It was argued in An Action Programme for the Millennium that it was necessary to put in place proper funding of local government and to give local discretion in order to achieve the restoration of real decision-making and power to Local Authorities. The Local Government Act, 1998 provided for the manner whereby funds are to be made available to Local Authorities, and for the establishment of the Local Government Fund. The amount to be paid into this fund by the Minister in 1999 was set at £270m (€342.8m) with a mechanism to increase this base line provision in future years in line with inflation. In addition, motor vehicle tax, driver licence duties, etc. collected by Local Authorities to be paid into the fund. Payments from the fund to Local Authorities to replace the rate support grant and also cover grants for non-national road improvement and maintenance.
Equalisation in the disbursement of these funds was arranged following the carrying out of needs and resources studies and the creation of a "distribution model". The model was used for the distribution of additional resources from the Local Government Fund for the first time in 2000. The decision by the Minister to cap increases in commercial rates was a further blow to local discretion.
Local Government Act, 2001 The 2001 Act gives statutory effect to many of the proposals contained in BLG, but goes further within the reform process. The Act provides a new statutory basis for all Local Authorities in line with Article 28 A.2 of the Constitution. In line with the objective of modernising the local government system, the titles of County Borough Councils were changed to ‘City Councils’ e.g. Cork City Council and Borough Corporations are now known as Borough Councils. The Local Government Act, 2001 is an extensive volume of legislation containing 24 parts, 247 sections and 15 schedules. In addition to the points already referred to, the provisions of the Act also include:
o The requirement on county/ city managers to consult with the Corporate Policy Group in the preparation of the estimates.
o Part 12 modernises the law on local government finance and audit.
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o Each Local Authority Manager is obliged to present a report on proposed capital projects for the next 3 years to Council
o The introduction of a new salary type system for Councillors
o The application of the alternative titles of ‘Mayor’ or ‘Deputy Mayor’ in place of Cathaoirleach or Leas-Chathaoirleach for county and town authorities (if they so choose by resolution)
o A new updated framework for meetings and proceedings of Local Authorities to have in place standing orders which include mandatory provisions relating to schedule of ordinary meetings, public notice, attendance of the public, revocation of resolutions etc.
o Statutory recognition of the various committees established under BLG and County /City Development Board.
o Restatement of the provisions in relation to section 4 motions (now section 140 of the 2001 Act)
o Classification of all persons employed by the Local Authority as “employees”
o An ethical framework for the local government service. This framework was introduced in January, 2003
o The transfer of shareholding in Temple Bar Properties Ltd to Dublin City Council
The 2001 Act, therefore, not only placed the reform process within a legal context but also represented a consolidation of law in relation to the operation and procedures of Local Authorities.
G MODERNISING LOCAL GOVERNMENT
Following the general election in 2002, the Fianna Fail/Progressive Democrat Government agreed a programme which committed to “continue the process of Local Government reform”. The newly appointed Minister (Martin Cullen, TD) announced a number of reforms to existing measures including the abolition of the proposal for directly elected Mayor and the abolition of the dual mandate to apply from the local elections in 2004. This latter proposal prohibited members of the Oireachtas from holding seats on local councils.
A commitment to further review the system of local financing was also made. This was completed and is dealt with in the Lesson on Finance. Other elements of the modernisation and reform processes included:
Corporate Plans Modernising Government, the Challenge for Local Government the booklet produced by the DoEHLG, set out the progress of the modernisation of local
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform government and gave guidelines for the preparation of corporate plans which were required originally to be in place by March 2001. The corporate plan is the overall framework for the organisation to guide the policy-making processes of the SPCs and CPG, setting out the organisations’ agreed mission, goals and objectives in respect of its many functions and activities. Its purpose is to assist the organisation in reviewing its activities, objectives, priorities and resources. On an annual basis the executive must report to the Council on the progress on the corporate plan. The plan should describe the:
Principal activities of the Local Authority Objectives and priorities for each of these activities Manner in which the authority proposes to assess its performance Human resources activities (including training and development) to be undertaken for the elected council and the staff Organisation structure Organisational changes and improvements proposed to promote efficiency of operation, to improve customer service and, in general, to support the corporate plan.
The following are the key elements listed for incorporation in the plans:
Mission statement and mandate Core objectives and supporting strategies Operating environment Citizen/customer focus Internal capability to realise the goals Resource allocation/reallocation issues Implementation and on-going assessment strategy Monitoring, reporting and corrective action intended.
There is no simple formula for the creation of strategy plans but traditionally, when devising a strategic plan, the 4 key questions to be answered are;
Where are we now? Where do we want to go? How do we get there? How will we know that we are getting there?
Authorities are also required to prepare Customer Action Plans which set out the standards of service to be provided to Customers, the target responsiveness in each area together with a strategy for implementing same.
The Local Government Act, 2001 requires the County Manager to draw up a corporate plan in consultation with the CPG within 6 months of the coming into office of the new city and county councils.
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The Customer Services Group, comprising representatives of the DEHLG, Local Authorities and the IPA drew up Guidelines for Local Authorities in the Preparation of Corporate Plans for 2004-2009 in July 2004. These guidelines build on the experience and best practice in strategic planning and expand key linkages with other aspects of modernisation. Minister Cullen in his foreword to the Guidelines stated that “the corporate plan and the service indicators are two sides of the one coin insofar as both focus minds on delivering the best possible service for the local community”
Students should examine the Corporate Plan and Customer Action Plan for their own authority and reflect on the process engaged in drawing up the Plan.
Performance Measurement Most organisations use Key Performance Indicators (KPIs) in order to assess the effectiveness of their operations. The Local Government Audit Service published VFM Report No. 17 on Performance Indicators across a range of services. An initial approach to performance measurement in Local Authorities had been put in train with the introduction in May 2000 of an initial set of 21 service indicators (Circular LG 9/00 of 26 May 2000). Measurements were included in the annual reports since 2000. The initial indicators related to Housing, Roads, Motor Taxation, Environmental Services, Planning, Revenue Collection, Corporate Health and Library Services. In January 2004, following a review by the Customer Services Group, the Minister for Environment, Heritage and Local Government published “Delivering Value for People, Service Indicators in Local Authorities”. The review uncovered best practice in the use of indicators both in Ireland and abroad and recommended an expanded and improved regime of service indicators, which builds on progress already made in this area by Local Authorities. It outlined 42 service indicators that must be measured and reported on annually. It also set out that the monitoring and verification of Local Authorities performance against the indicators would be conducted by an independent assessment panel operating under the auspices of the Local Government Management Services Board.
One of the key requisites is the formation of local implementation teams. Another critical issue is the capture of information or data and the Local Government Computer Services Board is working with all the parties to ensure that verification of the measures is consistent, timely and accurate. Further details on specific performance indicators are included in the notes under the various service headings such as housing, planning etc. A National Implementation Group (representative of Local Authorities, DEHLG, LGCSB, LGMSB, and the IPA) was established to assist in steering the initiative in its first year of operation.
In July 2005, the Minister launched the LGMSB Service Indicator Report, detailing the performance of Local Authorities in 2004 in relation to the agreed 42 indicators of service. The Minister said that this was a ‘significant innovation for the local government sector’ because;
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It underlines local government’s continued and real commitment to the modernisation agenda, It emphasises the clear focus of that agenda on the end-user of public services While it’s an important first step in measuring performance right across the sector, it will also be a valuable baseline against which future performance can be assesses.
The Minister said he wanted ‘a local government system which is forward looking and committed to expanding its role in areas such as social inclusion and community development, and it can do that on the solid basis of good service across the board to all its customers’
When 2005 results were published by the Local Government Management Services Board (LGMSB) in July 2006, Mr. Dick Roche T.D., Minister for the Environment, Heritage and Local Government, wrote to county and city Councillors nationwide to enlist their support in making sure that the published Report would drive improvements in local government performance. He pointed out that "Councillors in particular will benefit, for the first time, from access to a broad range of information on the performance of their Local Authority. You will be able to see how performance changes year on year and how the performance of their Local Authority compares with similar councils elsewhere in the country. Crucially, Councillors have a critical role in leading and overseeing the process at local level." The Minister added that he had asked the Local Government Customer Service Group to review the operation of the scheme again and to consult with each of the representative organisations - the General Council of County Councils, the Association of Municipal Authorities of Ireland and the Local Authority Members Association - as part of that review to ensure that the views of elected members on the future operation of the scheme are fully taken into account. The Minister also drew Councillors attention to the Guidelines for Local Authorities on Customer Consultation and Customer Complaints.
Local Authorities are the first sector in Irish public administration to measure their performance in such a comprehensive way and to publish the results. Many Local Authorities have adopted considerably more performance indicators than the 42 agreed to be measured at national level and publish the results in their annual reports. However given the adversarial nature of Irish politics and the media’s preference to highlight bad news stories, the positive achievements of Local Authorities will continue to be overlooked in favour of negative issues highlighted through the performance indicators.
Performance Management and Development System (PMDS) One of the greatest challenges facing any organisations is the need to continually motivate staff, recognising the vital contribution they make to organisational goals. Local Authorities also now face changes in performance management and development. Linked to the Corporate Planning process and section action plans,
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform each staff member has to undergo annual performance management and development interviews with his/her immediate supervisor. This method of modernising work practices and maximising the output from staff through personal performance appraisal and individual staff training and development programmes represents a major innovation in the way Local Authorities operate.
H STRONGER LOCAL DEMOCRACY (Green Paper) 2008
The Fianna Fail/ PD/ Green Party Government elected in 2007 produced an agreed Programme for Government. The Programme included a commitment to reform local government to make it more transparent and more responsive to its customers. The Programme promised a Green Paper, addressing several issues, to be published within six months of the Government coming into office.
The Programme for Government included the commitment that the Government would introduce a directly elected Mayor for Dublin with executive powers by 2011. It also suggested that the Green Paper would address several other issues, including:
• Ensuring a proper balance of power at local levels between the Manager and the elected representatives. • The issue of directly elected Mayors/Chairs. • The establishment of town councils in those towns that have shown significant population growth in recent years, including the upgrading of the former Town Commission towns, where appropriate, to full Town Councils. • The provision of quality customer service to the public. • Expenditure limits at local elections.
When the Green Paper - Stronger Local Democracy was published for consultation in 2008 it stated that it presented an opportunity to reshape local government so that it is fit for purpose for the challenges ahead. It said that the consideration of the future of local government in Ireland was informed by several guiding principles:
Appreciation of the importance of local democratic institutions; Decision-making at the lowest appropriate level (subsidiarity); Democratic responsibility and accountability; Proper balance between the number and functions of local government structures and the requirements of coherence, value for money and efficient delivery of service; and, Continued focus on Quality Customer Service.
The Green Paper stated that; “There is a gap between the objective of the Minister for the Environment, Heritage and Local Government to support strong, democratic and responsive
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform local government and the reality of local dependency on the centre”. While local government law provides that local government is “independent in the performance of its functions”, there are of course many constraints on the operation of this independence. Local government must abide by national and EU legislation. The sector also depends on significant specific grant-aided programmes which are centrally determined.
I ORGANISATION FOE ECONOMIC CO-OPERATION & DEVELOPMENT (OECD) REVIEW, 2008 TRANSFORMING PUBLIC SERVICES, 2008 SPECIAL GROUP ON PUBLIC SERVICE NUMBERS AND EXPENDITURE PROGRAMMES, 2009 COMMISSION ON TAXATION REVIEW, 2009 and LOCAL GOVERNMENT EFFICIENCY REVIEW, 2010
OECD REVIEW OF THE PUBLIC SERVICE, 2008
The review of the Public Service by the Organisation for Economic Co-Operation and Development (OECD), commissioned by the Taoiseach, was launched in April 2008. The review had two main objectives:
1. To benchmark the Public Service in Ireland against other comparable countries. 2. To make recommendations on future directions for Public Service Reform.
Rather than being a comprehensive audit of individual sectors such as the Civil Service, Local Government, Health, Education etc. the focus of the OECD Review was on the connections between different parts of the public service, including between central and local government. The overall assessment of the Irish public service was on the whole quite positive. OECD statistics showed that the Irish public sector made up 15% of the overall workforce which is low compared to most countries. Ireland’s level of spending on public services as a percentage of GDP is the second lowest in the OECD. However, in terms of local government, the OECD noted that sub-national expenditure is comparatively high in Ireland and has shown rapid growth between 1996 and 2004 particularly in the areas of environmental protection (+178%), road transportation and safety (+119%) and water services (+120%). It is noted that many services provided by Local Authorities continue to be provided for free or low cost. It points out that Ireland is unique among OECD countries in not charging domestic consumers for water services.
Progress in areas such as adopting a more customer focused approach, becoming more efficient and responsive, implementing new human resource and financial management systems and e-government initiatives is noted. A key theme
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform running throughout the Review is the need for a greater emphasis on performance, moving away from emphasising controls and compliance with rules to assessing whether programmes or services are achieving their goals or producing results. There is a need for more standardised information on the impact of public services. A more robust set of measures and indicators might help show where things are working well and where things may need to improve. The service indicators in use within local government are seen as only providing a snapshot and do not explain the underlying causes of good or bad performance. Nevertheless they are seen as giving citizens guidance on the level of local government performance and service and do indicate a commitment to performance measurement and improvement in service provision. They also help move discussions on quality away from anecdotes and towards measures that are clear and defensive.
The OECD is of the view that the “Performance Verification Group” focuses on compliance with the modernisation process rather than any real performance improvements. The use of more sophisticated indicators focused on real achievements and policy goals are suggested. It is considered that PMDS needs to be developed so that a cascade of performance targets are clarified and that staff have clarity on what performance means. It is further suggested that there should be greater flexibility for public service bodies to innovate within macro budget frameworks and performance agreements.
More individualisation of pay levels is suggested whereby pay bands should be introduced and departments and agencies should be given authority to set individual pay within these bands. This would allow more delegated pay bargaining and allow public bodies to increase salaries, where appropriate, to bring in rare and needed skills into the public service. A professionalisation of the Human Resource Management function would be required. The OECD also believes that a careful approach needs to be taken to performance-related pay as the required performance metrics are not yet developed. They suggest that greater use could be made of the creation of team- based performance pay awards.
Contracting out of services to the private sector is also suggested as a possible means of improving performance. Guidance is needed to assist bodies with contracting out and how to compare the cost of in-house delivery with contracting out. The use of Public Private Partnerships (PPPs) is acknowledged to have risks, given the difficulty of drafting contracts that are robust yet flexible enough to accommodate changing circumstances.
The need to improve cooperation and coordination amongst public sector service providers so as to provide citizens with a more “seamless” service is a central theme of the Review. The use of a networking approach to solving problems and increasing efficiency is promoted. Coordination networks should be broadened to include the wider public service such as external agencies, Local Authorities and civil servants. The Review says that Local Authorities are often left to coordinate
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform national policies that they are not involved in devising. In principle, the OECD believes that more powers should be devolved to local government. More use is also proposed of City and County Development Boards. The OECD found that government departments have been reluctant to devote resources to cross- cutting initiatives generally and improved policy coordination at local level.
More open recruitment and the removal of the common recruitment pool are recommended to encourage greater mobility within the public service and increase promotional opportunities for good performers. The creation of a “Senior Public Service” is proposed which would have its own specific recruitment and promotion procedures, including “fast tracks” for the identification and development of the next generation of leaders.
In the area of Finance, the OECD stated that Ireland is unique in the sense that no local taxes are levied on citizens. It is concluded that Local Authorities have little local fiscal autonomy. The lack of local autonomy is seen as acting as a barrier to improved performance and reinforcing a culture of compliance. More devolution of responsibility in areas such as local schools to local government (with the effective use of performance indicators) is advocated. The revenue sources for local government should be broadened.
It was noted that many of the local agencies in Ireland work in areas that are traditionally devolved to local government in other countries and this has led to large-scale duplication of roles. It also suggests that the status of agencies should be reviewed every five years to determine whether or not the services are still needed and whether agencies are the most appropriate structure for delivering the service in question.
TASK FORCE ON THE PUBLIC SERVICE, 2008
In response to the OECD Review the Government established a Task Force on the Public Service made up of senior civil servants and business people to develop an action plan in response to the suggestions made by the OECD. The Task Force on the Public Service published its report entitled ‘Transforming Public Services: Citizen Centred – Performance Focused’ in November 2008 with a series of suggestions in response to the OECD’s review. The report followed the key themes of the OECD review and made recommendations in relation to a number of areas for all public service organizations, including around ensuring better performance and deepening citizen engagement. The report also focused on shared services and e- government. The ‘Transforming Public Services’ Report (TPS) recommended the development of output targets to allow the performance of individual organisations and groups of organisations to be measured more meaningfully. To this end, every public body would be required to provide an integrated annual report that covers not only budgets and amounts spent but also what results and outputs were achieved by the organisation. In terms of individual performance, there will be greater use of
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform performance assessment to address underperformance and to recognise high performance. Within local government, it proposed strengthening the linkages between performance management systems and promotion and increments.
The report emphasised that the public service must create additional information and participation channels for “an increasingly engaged and active citizenry”, for example through public consultations, customer panels, surveys and other means of engaging with citizens, including more disadvantaged groups in society. Customer satisfaction in each part of the public service should be systematically measured on an ongoing basis. Better use of information was also proposed to minimise data requests from citizens, which will require greater sharing and re-use of data across the public service.
The report also saw great potential for greater use of e-government and shared services, and suggests that both areas can offer significant cost savings and service improvements for the citizen. Some of the areas where potential for shared services exist, according to the report, included:
Human resources, including recruitment, training and development, pay and benefits, HR advisory services and pensions; Finance, such as purchasing, accounts payable, accounts receivable, fixed asset and inventory management, travel and subsistence, payroll, general ledger accounting and financial reporting; Procurement – a National Public Procurement Operations Unit has already been established within the Office for Public Works to create additional purchasing power, to allow various bodies to purchase goods and services and to provide professional public procurement advise across the entire public service; Information and communication technologies.
‘Transforming Public Services’ (TPS) also proposed to move to a unified public service workforce and the removal of barriers preventing public servants from moving between parts of the service. New arrangements and measures are to be introduced to facilitate redeployment of employees and adjustment of employee numbers. It also proposed creating a Senior Public Service by allowing greater mobility of senior public servants across different sectors
TPS argued that that in order to deepen citizen engagement with public services, local government structures should be drawn upon to enhance public service delivery, particularly through Local Authorities taking a lead role in shared services, case-based approaches and integrated responses to the needs of particular individuals or disadvantaged groups. Where a number of agencies are interacting with the same client group, it suggested that protocols be developed for effective interaction and case-working. The report noted that “as the level of government closest to the citizen, [local government is] in an effective position to provide this local leadership role”.
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The report also recommended significant devolution of authority and responsibility between the different levels of Government, including the need for greater devolution from central government and agencies to local government. It suggested the use of service level agreements to pursue this, initially on the basis of pilot projects.
TPS also argued that all public services should be delivered along county lines (or groups of counties) to ensure greater coherence and consistency across the entire public service at local level. This would also maximize “the democratic legitimacy of elected Councils as a focus for consultation and feedback in relation to the delivery of national services at local level taking account of assigned resource allocations and national policy and standards”.
TPS also recommended that a database of all publicly-funded projects and programmes is to be maintained at county level as a means of avoiding duplication and to facilitate inter-agency coordination. The report also suggested that the County Development Boards (CDB) be strengthened and encouraged to identify specific joint service initiatives across agencies for priority implementation.
The implementation of the TPS programme is being supported by ‘sectoral centres’ to assist in realizing the proposals of the programme within different parts of the public sector, including local government. The Office of Local Authority Management (OLAM), part of the Local Government Management Services Board, acts as the sectoral centre for local government. A Cabinet Committee on ‘Transforming Public Services’, chaired by the Taoiseach, has also been established and meets regularly to oversee the implementation of the reform programme.
REPORT OF THE SPECIAL GROUP ON PUBLIC SERVICE NUMBERS AND EXPENDITURE PROGRAMMES, 2009 (The McCarthy Report)
In November 2008, the Government announced a review of the number of public sector employees and public sector expenditure, given the economic recession that hit Ireland in 2007-2008, the collapse in tax income, and the consequent constraints on the public purse.
In July 2009, the Special Group on Public Service Numbers and Expenditure Programmes, chaired by UCD economist Colm McCarthy (commonly referred to as ‘An Bord Snip’) produced a report with a series of suggestions and recommendations designed to reduce public expenditure across all government activities, including local government.
The Special Group’s Report proposed a major downsizing in overall numbers employed right across the public sector, reducing and in some cases closing down entirely some areas of spending, and the abolition of a number of state agencies and Government Departments.
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In terms of local government, a central recommendation was to abolish all 80 town councils to create a single-tier structure of local government, along with a reduction of the number of county and city councils from the present 34 to 22. This would involve the merger of the city and county councils for Cork, Limerick, Galway and Waterford, as well as the amalgamation of certain counties (some examples that were mentioned include Sligo and Leitrim, Carlow and Kilkenny, and North and South Tipperary). The proposals, if implemented by Government, would arguably represent the most radical redrawing of the geographic boundaries on the local government ‘map’ since the foundation of the state.
The report furthermore proposed closing down a number of other bodies, such as regional authorities, county/ city enterprise boards, reducing the number of other bodies such as VECs, and the merger of various local community development organisations. It suggested that support for local community structures should in future be provided by Local Authorities.
The Special Group’s report also proposed that local government should become self-financing in the long-term and that additional forms of revenue are needed for the local government system. However, the report suggested that the Local Government Fund would have to be reduced by €100 million, current expenditure by Local Authorities reduced by at least 10%, and that commercial rates be frozen for three years. It further proposed that domestic water charges be reintroduced, although it argued that water services be delivered though a national agency rather than the local government system.
A series of other cutbacks were proposed in different services designed to save money, such as the discontinuing of several housing schemes, and cutbacks in areas such as road maintenance, arts, sports and community development.
The Special Group also proposed the merger of the National Roads Authority and the Railway Procurement Agency, and that the Local Government Audit Service, currently based in the Department of the Environment, should transfer to the Office of the Comptroller and Auditor General (C&AG), and that the C&AG become the external auditor for all bodies in receipt of significant amounts of public money.
COMMISSION ON TAXATION REPORT, 2009
The Commission on Taxation reported to Government in September 2009 with a series of proposals. Part of the terms of reference of the Commission was to examine the system of local government financing, and, as widely expected, it proposed additional forms of revenue for local government, including a new property tax and the re-introduction of domestic water charges, the principles of which have been accepted by Government. (The recommendations of the Commission on Taxation will be dealt with in more detail in the Lesson on Local Government Finance).
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LOCAL GOVERNMENT EFFICIENCY REVIEW GROUP, 2010 In Budget 2010, the Minister for Finance announced the establishment of a Local Government Efficiency Review Group to examine the efficiency of the local government sector. The Group’s terms of reference were to review the cost base, expenditure of, and numbers employed in Local Authorities with a view to reporting on: Specific recommendations to reduce costs; The effectiveness of particular programmes; Optimal efficiency in the way programmes are delivered; and Any other proposals to enhance value for money in the delivery of services at local level. The group reported in July 2010 with a number of recommendations, which it stated could yield €511 million in a full year, the equivalent of 11% of the sector’s current budget for 2010. The €511 million includes €346 million in efficiency savings and €165 million accounted for through greater cost recovery and revenue raising.
General recommendations include the transfer of planning, roads and housing functions from town councils to respective county councils; a reduction in the number of county/city managers from 34 to 24; a 20% reduction in the number of staff at Director of Service level; a 15% reduction in SEO, AO, SSO and SO staff levels; a number of ‘joint-administrative areas’ to facilitate economies of scale; a regional approach to shared services; the establishment of an ‘innovation fund’ to incentivise innovation and efficiencies in the operation and delivery of local government services.
Specific recommendations include: housing assessments should be valid in all Local Authority areas to avoid duplication; introduction of new road tolling schemes to fund investment in local and regional roads; increasing fees for driving licences; fees for manual handling of motor tax payments; moving to full cost recovery on planning applications; bolstering resources for internal audit in Local Authorities;
J PROGRAMME FOR GOVERNMENT - 2011–16
In the Programme for Government 2011-2016, published in March 2011, the new Government set out its objectives in the area of Local Government Reform as follows:
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Will devolve many of the functions currently being performed by agencies back to Local Government. Ensure that all property-related revenues are part of the income stream of Local Government. Abolish the position of County Manager and replace it with that of Chief Executive, whose primary function will be to facilitate the implementation of democratically decided policy. A democratically decided Regional or City Plan will replace the present top-down Strategic Planning Guideline model. Will give Councillors a legal power to seek reports from, and question, in public, all providers of public services in their area. Will empower Councillors to question private sector service providers such as internet and digital TV providers, local banks or private schools, on their public service remit. The Local Government Director of Audit will be required to publish an annual report covering all his functions to the Oireachtas Committee on Environment. The Report will assist in determining where Local Government can produce greater efficiencies. Will examine what services could be converged between two or more Local Authorities, such as technology support, human resources and fire services. Will introduce a single national building inspectorate service. Local Authorities that deliver efficiencies, either alone or through sharing services, over and above what is required will be allowed re-invest a proportion of those savings in local initiatives. We are committed to a fundamental re-organisation of local governance structures to allow for devolution of much greater decision-making to local people. We will give local communities more control over transport and traffic, economic development, educational infrastructure, and local responses to crime and local healthcare needs. In local services, we will establish a website to assist residents in reporting problems with street lighting, drainage, graffiti, waste collection and road and path maintenance in their neighbourhoods, with a guarantee that local officials will respond within two working days. We will merge local enterprise and job support functions of local, regional and national agencies into a single business and enterprise unit within Local Authorities. This will allow streamlining of local job creation and support functions, increased shared knowledge capability and resources while saving on administration costs.1
1https://www.taoiseach.gov.ie/eng/Work_Of_The_Department/Programme_for_Governme nt/Programme_for_Government_2011-2016.pdf
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K PUTTING PEOPLE FIRST- ACTION PROGRAMME FOR EFFECTIVE LOCAL GOVERNMENT, 2012
In 2012 the Government published Putting the People First – Action Programme for Local Government.2 This document can be distinguished from other documents in the following ways:– It was a reflection of commitments contained in the Programme for Government of the current coalition It was put forward by a Minister with a personal commitment to reform It was wide-ranging and addressed a broad range of issues with regard to Local Government It followed a number of reports outlining specific aspects of reform such as Renewing Local Government in Limerick - The Report of the Limerick Local Government Committee, Consultation on Local Government Reforms and the report of the Local Government Efficiency Review Group 2010 It had to be put into effect for the Local Government Elections in June 2014 or postponed until the end of the decade The EU programming period 2007 – 2013 was coming to an end and if changes were to be made in the management of funding at local level now was an opportune time It coincided with national economic difficulties and the reduction in public expenditure It coincided with a Government focus on enterprise development and on job creation as its principal priority
The action plan covers four main themes:
1. Structures; 2. Funding, Accountability and Governance; 3. Economic Development and Job Creation; 4. Delivering Services Efficiently
Theme 1: Structures - Local Government will be streamlined:
A new model of municipal governance within counties will be introduced. All 80 existing town authorities and their 744 members will be replaced by a comprehensive system of Municipal Districts, integrating town and county governance. Local Authorities will be reduced from 114 to 31 City and County Councils with integrated districts; there will be a reduction from 1,627 council seats to about 950; and there will be a rebalancing of
2 https://www.housing.gov.ie/local-government/reform/putting-people-first-action- programme-effective-and-local-government
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representation nationally and more equality of representation between local electoral areas within counties. The intention is that generally Councils outside Dublin and Cork, including the amalgamated Councils, would have not more than 40 Councillors. (The figure of 1:4,830 was suggested as a ratio of Councillors per head of population that might be used as a benchmark in considering the number of Councillors in any Council). Elected members will decide relevant local matters at district level and collectively they will form the plenary city or county council and there will be a unified county-wide administration with no duplication of functions between district and county levels. The eight Regional Authorities and two assemblies will be replaced by three Regional Assemblies to perform an updated range of strategic functions, with a reduction in overall membership from 290 to 62. The structural reforms at regional, county and sub-county level are anticipated to realise net savings of €40 to €45 million. Waterford City and County Council will, together with Tipperary and Limerick, be unified, with effect from the 2014 local elections.
Theme 2: Funding, Accountability and Governance:
Local services administered by Local Authorities will be locally funded through an equitable property tax. This financial responsibility will underpin local democratic decision-making. A new independently chaired National Oversight and Audit Commission for Local Government will be established, involving external evaluation expertise. Local Authority Audit Committees will be put on a full regulatory footing and the Committee’s review of the audit report will be included in its report to the Council. The position of Local Authority manager will be replaced by a Chief Executive post. Reserved functions of elected members will be strengthened. Powers of Councillors under section 140 of the Local Government Act, 2001 will no longer apply in respect of planning functions and consistent with this, these powers will not apply to any decision by a Local Authority involving financial or other benefit to an individual or a specific organisation. The two representative bodies of local Councillors will be merged after 2014.
Theme 3. Economic Development and Job Creation:
There will be an enhanced role in economic development and enterprise support. A new dedicated Strategic Policy Committee for economic development will be created in each Local Authority and a specific
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Director of Services for economic development will be created in many Local Authorities. Local Economic Development Strategies will be adopted as part of the City and County Development Plan. Local Authorities will build on the 2,000 initiatives already in train to develop innovative best practice approaches for mainstream application across the Local Government sector. New Local Enterprise Offices (LEOs) will be integrated with Local Authority business support units to create a one-stop-shop for business support. There will be closer alignment of local and community development supports with Local Government.
Theme 4. Delivering Services Efficiently
Implementation of recommendations of the Local Government Efficiency Review Implementation Group and the Local Authority Workforce Planning Process will yield significant savings.3
There will be a more robust system of performance monitoring by a National Oversight and Audit Commission with a focus on key indicators, outcomes rather than outputs, value for money, customer service and comparative performance of authorities.
Local Authorities will be required to provide good quality public information, particularly in relation to local services and resource utilisation. They will now have to prepare annual action plans with specific actions and targets and the resources they need to facilitate comparison of output against approved budget at year end. Service Level Agreements (SLAs) will be developed between government departments and Local Authorities. Service plans will be approved by elected members in respect of each programme for all authorities. As part of an enhanced customer complaints initiative, each City and County Council will be required to have a dedicated, suitably trained, Customer Service officer. The customer service initiative website will be rolled out in every authority.4 The service is a publicly accessible web site with associated mobile technologies on which non- emergency issues such as graffiti, road defects, issues with street lighting, water leaks/drainage issues, and litter or
3 Local government efficiency review implementation group report to the minister for the environment, community and local government, Mar. 2012 (DECLG). Workforce planning in the local government sector, Sept. 2012 (DECLG and CCMA). Both are available online from: https://www.housing.gov.ie 4 http://www.fixyourstreet.ie
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illegal dumping can be reported. Issues raised will be responded to within 2 working days. Over €830 million in total savings have been achieved since 2008 and almost €196 million in efficiency savings under LGER in the last two years. There is a further target of €150 million efficiency savings to be achieved over the next 18 months. A dedicated Programme Management Office was established to support shared services and a work force planning process to drive staffing and organisational rationalisation. Through work force planning and shared services an additional 500 staff will be taken out of the Local Government system in the next 18 months. The reform programme will yield significant savings of up to €420 million on full implementation.
L LOCAL ELECTORAL AREA BOUNDARY COMMITTEE REPORT, 2013
Consequent on the changes outlined in PPF the Minister for the Environment, Community and Local Government established the Local Electoral Area Boundary Committee in 2012 in order to review all Local Electoral Area Boundaries in light of the new structures proposed.5
The Terms of Reference of the Committee reflected the policies outlined in PPF and were as follows –
1. To review and make recommendations on the division of each council area, other than Cork City, into local electoral areas, and to make recommendations on the number of members of each council to be assigned to each local electoral area.
2. The Committee should have regard to the population as ascertained at census 2011, to the Government’s Action Programme for Effective Local Government and to the decision of Government to merge the councils of Limerick City and Limerick County, North Tipperary and South Tipperary, Waterford City and Waterford County and make its recommendations accordingly.
3. (a) The recommendations on local electoral areas will provide the basis for the configuration of the municipal districts to be established in counties outside Dublin. Local electoral areas should be formulated to facilitate this and the Committee should have regard to the Government’s Action Programme for Effective Local Government (Putting the People First) in doing this.
(b) Generally, each municipal district will consist of a single electoral area. However in some particular circumstances, for example for reasons such as geographic coherence, population, or other factors related to the configuration of municipal districts such as the definition of 'metropolitan' municipal districts
5 For more on committee and their report see: https://www.housing.gov.ie/local- government/voting/local-elections/report-local-electoral-area-boundary-committee
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform within the unified authorities in Limerick and Waterford, a district may comprise more than one local electoral area.
4. Local electoral areas should be designed, as far as possible, around the existing boroughs and other municipal towns and large urban centres which do not currently enjoy municipal status. Local electoral areas should generally be named accordingly.
5. In recommending changes to local electoral areas, the Committee should take due account of local and community identities and linkages and, as far as practicable, of existing Local Authority electoral and administrative areas.
6. The number of Councillors representing a local electoral area should typically be 7 and not more than 10 or less than 6.
7. Within any city or county the variance in representation of each local electoral area from the average for the city or county should, as far as practicable, be within a range of +/- 10%.
8. The number of members shall be fixed at 63 in Dublin City Council. The number of members shall be fixed at 55 in Cork County Council.
9. Subject to a minimum total of 18 and a maximum total of 40 members of every other council there should be one member for every 4,830 population in each council area; in addition, and subject to a maximum of four additional members per council except where councils are merging: in counties where there are existing town councils there should be four additional members per Borough Council and one additional member per Town Council, and in cases where the city and county councils are being merged, i.e. Limerick and Waterford, there should be five additional members.
These terms of reference set very clear limits for the Committee and, in effect, set the number of Councillors for each City and County Council. The role of the Committee, therefore, was primarily to determine the boundaries of the new Municipal Districts and the Electoral Areas within the Cities.
M PUBLIC SECTOR REFORM PLAN 2014-16 (Published in January 20146)
Section 3.4 of the Public Sector Reform Plan 2014-16, which deals with the Local Government Sector states as follows:
The future of Local Government reform is set out in Putting People First, the Government’s Action Programme for Effective Local Government, and involves the most fundamental set of changes to Local Government in Ireland since the 19th century.
6 https://reformplan.per.gov.ie/2014/downloads/files/Reform%20Plan%202014.pdf
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Putting People First is based around four key principles:
[i] Doing more for the economy, enterprise and the local community: The role of Local Government will be strengthened with a wider range of suitable functions. Local Government will have a greater role in supporting enterprise and promoting wider economic development, thereby sustaining and creating jobs. The potential of Local Government to play a leadership and coordination role locally will be explored, building on its role in developing sustainable communities; for example, in relation to sectors such as education, health and welfare;
[ii] Building a Local Government system for the 21st century: To support a stronger Local Government, the architecture of the system must be reflective of modern day realities and be capable of advancing the objectives of operational efficiency and representational effectiveness. Local Government will have a central role in the oversight and planning of local and community development programmes. A programme of devolution of specific functions and delegation of greater responsibility will be implemented;
[iii] Local Government that is soundly funded, working better and serving the community: A rigorous programme of efficiency measures, organisational streamlining and robust performance evaluation will ensure that Local Government is organised and operates as efficiently as possible, achieves the highest standards of performance and provides the best quality of service to the public; and
[iv] Good governance, strong leadership and democratic accountability: To strengthen and clarify governance and related aspects of the Local Government system, including oversight, accountability, policy development, ethics and citizen engagement, and the status and role of elected councils and their executives.
The key short to medium term priorities for the reform of Local Government are:
[i] Structural reform: by mid-2014, organisational rationalisation will involve a reduction in the number of Councillors from over 1,600 to some 950, and replacement of 114 Local Authorities with 31 integrated authorities organised on the basis of Municipal Districts within counties. The amalgamation of councils in Limerick, Tipperary and Waterford will be completed and the number of Regional Authorities/Assemblies will be reduced; The Local Government Sector currently employs 28,100 staff. Staff numbers have reduced by 25% since 2008.
[ii] Economic development and job creation: Local Authorities will be more focused on supporting economic development at a local level. By Q2 2014, Local Enterprise Offices will be created in each county and city council with the integration of existing Business Support Units and County Enterprise Boards.
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Local Community Development Committees will be established in early 2014, and will provide Local Authorities with a more central role in the co-ordination, oversight, management and planning of local and community development programming on a local area basis;
[iii] Funding: The Local Property Tax, which replaces the Household Charge and the Non Principal Private Residence Charge, will provide a more sustainable and resilient system of funding for Local Authorities and therefore a sounder financial footing for the provision of essential local services;
[iv] Delivering services efficiently: an active Shared Services programme is underway, with Shared Service Payroll/Superannuation going live early in 2014 and phased sharing of other back office business areas alongside structural change. Workforce Planning is well advanced, a voluntary redundancy scheme is available in the sector, and a sectoral Procurement Office is working with the new central structures to deliver further procurement savings. The net result of these changes will be to release resources – human and financial – for the provision of necessary front-line services in local areas;
[v] Irish Water: Irish Water is being established as an independent State-owned enterprise within the Bord Gáis Éireann Group, with full transition to be achieved by 2017. A sustainable funding model, including water charges for domestic users, based on usage, which will be in place by the end of 2014, will facilitate enhanced investment in water services as well as a greater focus on water conservation; and
[vi] Accountability: a National Oversight and Audit Commission (NOAC) for Local Government will be established on a statutory basis after enactment of the enabling legislation, which is progressing through the Houses of the Oireachtas, with its enactment planned for early 2014. The NOAC will provide an independent, high quality scrutiny of Local Government performance in fulfilling national, regional and local mandates. The reports of the NOAC will be public and will be provided to the Minister and where appropriate, to other Ministers, and to the relevant Joint Oireachtas Committees.
The outcome of these reforms will be to create a Local Government system that is fit for purpose and makes full use of its resources, capacity and potential to play as wide a role as possible in public service and administration, not only in the service areas that have been the sector’s main focus but also in contributing to national recovery and economic growth.
Our Public Service 2020: Development and Innovation (Dec. 2017) confirms the key strategies shaping the activities and future direction of the local government sector are: Rebuilding Ireland – Ireland’s Action Plan for Housing and Homelessness (July 2016); National Planning Framework (NPF) ‘Ireland 2040-Our Plan’ (Feb. 2018); Putting People First – Action Programme for
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Effective Local Government (Oct. 2012) and National Adaptation Framework (2012). The objectives set out in these key documents can be taken as the road map for the local government sector.
N THE LOCAL GOVERNMENT REFORM BILL, 2013/ LOCAL GOVERNMENT REFORM ACT, 2014 (No. 1 of 2014)
Local Government Reform Bill, 2013
The Explanatory Memorandum to the Local Government Reform Bill, 2013 states as follows:
Background The Local Government Bill, 2013 gives legislative effect to proposals set out in Putting People First — Action Programme for Effective Local Government (published October 2012) which outlines an overall vision for Local Government as the primary vehicle for governance and public service at local level. The Action Programme sets out Government policy for a range of reforms to the Local Government system including structures, functions, funding, operational arrangements and governance designed to strengthen Local Government.
The Bill, which contains 65 sections in 10 Parts together with 5 Schedules, sets out the necessary provisions to give effect to these measures and related matters.7
Overview The two overarching objectives of the Bill are: To provide for the significant reorganisation of Local Government structures and The strengthening of governance and accountability in Local Government, with particular emphasis on rebalancing powers appropriately between the executive and the elected council. Check the above link for full details of this Bill.
Local Government Reform Act, 2014 (No. 1 of 2014)
The Local Government Reform act, 2014, which became law on 27th January 20148, makes legal provision for the reforms set out in the Government’s Action Programme for Effective Local Government, Putting People First. Some provisions of the Act came into force immediately on enactment and certain others were commenced by Ministerial Order in the first week of February 2014. The Short Title to the Act describes it as An Act to make further and better provision in relation to Local Government and, in particular:
7 http://www.oireachtas.ie/documents/bills28/bills/2013/9813/b9813d-memo.pdf 8 https://www.oireachtas.ie/en/bills/bill/2013/98/ (9 Jul. 2018).
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To amalgamate Limerick County Council with Limerick City Council, Waterford County Council with Waterford City Council and North Tipperary County Council with South Tipperary County Council, To provide for the position of Chief Executive in relation to each Local Authority, To dissolve town councils, To make provision for Municipal Districts, To assign additional reserved functions to Local Authority members, To dissolve County Development Boards and City Development Boards and make provision for the establishment of Local Community Development Committees, for planning and oversight of Local and Community Development Programmes, To provide for an increased role for Local Authorities in economic development and enterprise support, to amend the Local Government Act 1991 and provide for Regional Assemblies, To enable (subject to certain preconditions) a plebiscite to be held in the administrative areas of the Local Authorities in the Dublin area in respect of a directly elected mayor for that area and for those and other purposes To amend the Local Government Acts 1925 to 2013, the Local Elections Acts 1974 to 2012 and other enactments relating to elections, the Housing Acts 1966 to 2013 and the Planning and Development Act 2000, to amend other Acts in connection with the foregoing matters, to amend section 20 of the Dublin Docklands Development Authority Act 1997 and to provide for related matters. [27th January, 2014] For full details of the Act, check the above link.
O PERFORMANCE OF RESERVED FUNCTIONS BY MUNICIPAL DISTRICT MEMBERS
The Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 address this matter and the Regulations and Guidelines were expanded on by means of Circular Letter LG 10 /2014 dated 29th May 2014.
The explanatory Note to the Regulations states as follows:
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P FINANCIAL PROCEDURES, AUDIT AND OVERSIGHT
Part 8 of the Local Government Reform Act, 2014 contains provisions in relation to the financial relationship between county and municipal district levels and related procedures; the functions of municipal district members in respect of the Local Authority budgetary process; and amendments to the Principal Act to reflect the dissolution of town councils. It also introduces new provisions in relation to audit procedures and regulations.
In addition, Part 8 provides for the establishment of a National Oversight and Audit Commission for Local Government (NOAC).9
The NOAC’s statutory functions are wide and specifically the Commission is required to:
• Scrutinise performance of any Local Government body against relevant indicators as selected by NOAC (to include customer service) or as prescribed in Ministerial regulations;
9 https://merrionstreet.ie/en/Category-Index/Public-Service-Transformation/Local- Government/hogan-establishes-the-national-oversight-and-audit-commission.html
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• Scrutinise financial performance, including Value for Money, of any Local Government body in respect of its financial resources; • Support best practice (development and enhancement) in the performance of their functions by Local Government bodies; • Monitor and evaluate adherence to Service Level Agreements entered into by any Local Government body; • Oversee how national Local Government policy is implemented by Local Government bodies; • Monitor and evaluate public service reform implementation by any Local Government body or generally; • Monitor adequacy of corporate plans prepared by Regional Assemblies and councils and evaluate implementation of the plans by any Local Government body or generally; • Take steps under its other functions for the purpose of producing any report requested under the Act as well as produce reports under its own initiative; and • Carry out any additional functions conferred by Ministerial order.
The Minister charged the Commission with taking up the baton from the Local Government Efficiency Review Group and said “it is critical that the NOAC becomes very active immediately in terms of reviewing the further progress made on the efficiency agenda over the last 15 months and identifying the next areas of efficiency activity”.
Q REGIONAL ASSEMBLIES
Section 62 of the Local Government Reform Act, 2014 provides for amendment of the Local Government Act, 1991 by inserting a new section 43 which provides for the replacement of Regional Authorities by Regional Assemblies with the general purpose of co-coordinating, promoting or supporting strategic planning and sustainable development, and promoting effectiveness in Local Government and public services. Provision is also made for more effective arrangements for the governance and administration of Regional Assemblies.
The 8 Regional Authorities were dissolved with effect from the 1st June 2014 and their functions, staff liabilities assets ect were transferred to either the Border, Midlands, Western or the Southern and Eastern Regional Assembly which will undertake the functions of the dissolved Regional Authorities for a period of 6 months to the 32/12/2014 when a new system of Regional Assemblies came into effect.
3 new regional assemblies were established with effect from 1 January 2015 by the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (SI 573 of 2014).10
10 http://www.irishstatutebook.ie/eli/2014/si/573/made/en/print
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The membership of a regional assembly consists of members of the local authorities within the region: The Northern and Western Regional Assembly has 21 members and covers the county councils of Cavan, Donegal, Leitrim, Galway, Mayo, Monaghan, Roscommon and Sligo and the city council of Galway. The Southern Regional Assembly has 27 members and covers the county councils of Carlow, Clare, Cork, Kerry, Kilkenny, Tipperary and Wexford, the city council of Cork, and the city and county councils of Limerick and Waterford. The Eastern and Midland Regional Assembly has 35 members and covers the county councils of Dun Laoghaire-Rathdown, Fingal, Kildare, Laois, Longford, Louth, Meath, Offaly, South Dublin, Westmeath and Wicklow and the city council of Dublin.
The aim of the new assemblies is to co-ordinate, promote or support strategic planning and sustainable development and promote effectiveness in local government and public services. Their main function will be to draw up regional spatial and economic strategies. These will replace the current regional planning guidelines and will be drawn up in conjunction with the various enterprise and economic development agencies. The existing regional planning guidelines will remain in place until these new strategies are drawn up. The 2014 Act sets out the details of how the strategies are to be developed
R ALIGNMENT OF LOCAL GOVERNMENT AND LOCAL DEVELOPMENT The Steering Group for the Alignment of Local Government and Local Development was established by the Minister for the Environment, Community and Local Government in September, 2011 with the following Terms of Reference:
• Review the role of Local Government in Local and Community Development;
• Review the role and contribution of Local and Community Development programmes in order to determine the scope for greater synergy with Local Government; and
• Make recommendations on how the alignment of Local Government and Local and Community Development should be progressed with a view to: a. improving delivery of services for the citizen at a local level; b. achieving greater efficiency and effectiveness; and c. enhancing the role of Local Authorities in the delivery of Local and Community Development programmes and functions.11
The following are the key recommendations of this Group –
11 http://environmentalpillar.ie/wp/wp-content/uploads/2015/06/Final-Report-of-the-Local- Government-Local-Development-Alignment-Steering-Group-1.pdf
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Local and Community Development Policy
A national Local and Community Development Policy should be developed. This should set out national priorities and a framework for the realisation of a cross- government approach at local level.
Inter-Departmental Group
The policy should be developed with the support of an Inter-Departmental Group (IDG). The IDG should also lead and oversee the implementation of a coherent whole-of-government approach to planning, management and delivery of local and community development programmes and interventions.
County/City Local and Community Plan
A County/City Local and Community Plan, encompassing all state-funded local and community development interventions, should be developed for each city/county area. This five-year plan, prepared as part of the normal local government electoral cycle, should set out an integrated approach to Local Authority community-focused programmes, local development programmes funded by the Department of the Environment, Community and Local Government and those funded by other government departments and agencies. Priorities for expenditure should be based on a detailed needs analysis and matched to available resources. It should be consistent with other Local Authority plans and it should be approved by the elected members.
Socio-Economic Committee
A Socio-Economic Committee (SEC) should be established by each county and city council. The SEC should have responsibility for planning and oversight of local and community programmes and should be established on a statutory basis. It should be responsible for developing the County/City Local and Community Plan.
Funding and Accountability
Oversight responsibility for the management and disbursement of local and community development programme funds, the matching of resources to priorities and achievement of value for money in accordance with the County/City Local and Community Plan should be vested in the SEC.
Territorial Alignment
Strategic planning for local and community development programmes should be based on Local Authority county/city boundaries.
Improving Efficiency
Local and community development programme administration costs should be set at a more sustainable level. This will require a shared approach to the determination of administration budgets by government departments/state agencies, including the standardisation of administration costs across all such
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform programmes. Shared service, facility and accommodation arrangements should be agreed and implemented across local development companies and between county/city councils and local development companies. More clearly defined limits on overhead/administration costs should be specified in all future contracts for local development funding as agreed by the funding departments/agencies.
Greater Effectiveness and Identification of Best Practice
Robust systems for impact measurement and assessment should be further developed to facilitate the planning and implementation of local and community development programmes and interventions.
The content of programmes should reflect national priorities, including job creation, and be based on locally identified needs and appropriate targeting of resources to the most disadvantaged.
Programme development, delivery and impact assessment should be supported by cross-government sharing of data and informed by best practice.
This report and these recommendations were seen as having considerable implications for Local Development Companies in particular and discussions as to how these recommendations might be implemented in practice were comprehensive and wide ranging.
Legislation underpinning the recommendations came into effect on 1 June 2014 with the commencement of Part 6 of the Local Government Reform Act, 2014.
The Act provides the framework for a more joined-up approach to local and community development programming, which will seek to draw together key local partners to oversee the provision of more effective, efficient and sustainable services for citizens and communities.
Local Community Development Committees (LCDC)
Part 6 of the Local Government Reform Act, 2014 provides for the establishment of Local Community Development Committees in each Local Authority area, to enhance the strategic planning and coordination of local and community development activity. Local Community Development Committees will comprise public and private sector members, including Local Authority members and officials, State agencies and private sector local and community development representatives.12 Working in partnership, they will –
Prepare the community elements of a 6-year Local Economic and Community Plan (the Plan);
12 https://drcd.gov.ie/local-community-development-committees-lcdcs/
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Coordinate, manage and oversee the implementation of local and community development programmes as part of implementing the Plan, and Coordinate generally local and community development activity within the operational area of the Local Community Development Committee for the purposes of reducing overlap, avoiding duplication and improving the targeting of resources.
Local Economic and Community Plan (LECP)
The key function of Local Community Development Committees will be to develop and manage the implementation of the community elements of the Local Economic and Community Plan. The purpose of the Plan is to promote the local and community development of the relevant Local Authority area through a more coordinated and collaborative approach to planning and service delivery.
Economic & Enterprise Development Role
Local Authorities have always had an economic role – but not a formal one recognised at Department level & never measured. A number of organisations such as County Enterprise Boards, Local Development Committees, Enterprise Ireland (EI) & the Industrial Development Authority (IDA) etc have had an active and formally recognised economic role but it was fragmented and only dealt with certain economic sectors of society. EI and IDA will now work from a policy perspective at regional level through RESS – members will be involved with this structure and will be able to influence accordingly. At Local Government level, structures have been realigned and streamlined to reduce the level of fragmentation for the user and provide a more efficient and effective service. For the first time, members of LAs will now have a far greater and more dynamic role in economic and enterprise development -this is seen as the key growth area of Local Government.
Local Enterprise Offices (LEOs)
Consequent on the publication the 2012 Action Plan for Jobs which was launched on 13.2.2012, Local Enterprise Offices (LEOs), which were to be “One Stop Shops” and would build on the significant work done by the County Enterprise Boards (CEBs) , were launched by the Minister for the Environment, Community and Local Government.13 The Minister stated that the new “one-stop-shop” micro enterprise support structure will be achieved through the dissolution of the existing CEBs and the creation of a new Micro Enterprise and Small Business Unit in Enterprise Ireland (EI) that will work with Local Authorities to establish a new network of Local Enterprise Offices (LEOs) in each Local Authority. The LEOs were mandated to provide a range of supports and services to all local micro enterprises who seek
13 https://www.localenterprise.ie/
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Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform such supports. Essentially, the LEOs will carry out the combined work of the CEBs and the Business Support Units of the Local Authorities.
Dissolution of County and City Development Boards The introduction of the new arrangements, coupled with a stronger more direct role for Local Authorities in enterprise support and economic development, and the move to reduce the number of public service structures generally, means there is no longer a rationale for a continuing role for County and City Development Boards. In this context, section 35 of the 2014 Act provides for the dissolution of all County and City Development Boards and, with effect from 1 June 2014 all 34 Boards have been dissolved. Where appropriate, local and community development activity previously undertaken by the County and City Development Boards will come within the remit of the new Local Community Development Committees. Micro- enterprise support and economic development functions of the Boards will be integrated within the mainstream economic functions of Local Authorities. Arrangements will also be put in place to ensure other cross agency initiatives that are not encompassed within the new arrangements are carried forward under the oversight of Local Authorities, where it is appropriate to do so.
S PUBLIC PARTICIPATION NETWORKS (PPNs) Background Section 46 of the Local Government Reform Act, 2014 replaces section 127 of the Local Government Act, 2001with a new section which enables Local Authorities to take all appropriate steps to consult with and promote effective participation of local communities in Local Government. One of the principal implementing provisions will be the adoption by each Local Authority, in accordance with Regulations to be made under the Act and the issuance of Guidelines from the Department, of a framework for public participation in Local Government, which will set out the mechanisms by which citizens and communities will be encouraged and supported to participate in the decision-making processes of the Local Authority. The adoption of the framework is a reserved function.14
T DIRECTLY ELECTED MAYORS
The Government, in May 2009, agreed the introduction of a directly elected Mayor for the Dublin Region in 2010, with the Mayor chairing the Dublin Regional Authority, proposing regional strategies in land-use planning, housing, waste management, water services and related areas, and having an important role in relation to transport planning and provision in the region. The Local Government (Dublin Mayor and Regional Authority) Bill, 2010 together with all other Bills
14 https://www.socialjustice.ie/sites/default/files/attach/civil-society- article/4398/ppnuserguidev1may16.pdf
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The Minister for the Environment, Community and Local Government, on the 12th March, 2014, confirmed that the 4 Dublin Local Authorities would, in accordance with the provisions of the Local Government Reform Act, 2014, consider the holding of a plebiscite on the issue of a directly elected mayor for the Dublin Metropolitan Area to be held in conjunction with the local elections on the 23rd May 2014. The 2014 Act provides for a plebiscite for the Dublin Metropolitan area to be held, on the basis of a resolution prepared by a Forum of the elected members in the four Dublin Local Authorities and an accompanying statement setting out the advantages and disadvantages, costs and benefits, etc. of the proposal prepared by the Forum. The Forum was convened in April 2013 at Minister Hogan’s request. The Forum submitted its proposals to the Minister in late 2013, and the Minister having considered the proposals asked each of the four Dublin Local Authorities to decide whether or not the matter should be put to a plebiscite. While Dublin City Council, Dun Laoghaire - Rathdown County Council and South Dublin County Council approved the proposal to proceed with a plebiscite, Fingal County Council rejected the proposal and the plebiscite was unable to go ahead.
The government published policy proposals in 2018 for directly elected mayors with executive functions.
In May 2019, the people of Cork city, Limerick city and county, and Waterford city and county had an opportunity to vote in a plebiscite on the topic.
There was a lot of debate about the potential pros and cons of such roles and the Department of Housing has now published its proposals.
A directly elected mayor with executive functions would:
perform a significant amount of the executive functions currently performed by local authority chief executives prepare and oversee implementation of a programme of office (similar to a programme for government) ensure that the chief executive performs the functions of the local authority in accordance with the mayor and elected council’s policies be an ex-officio member and cathaoirleach of the elected council, contributing to the elected council’s exercise of their reserved functions
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represent the entire local authority area at local, national and international level
The government proposals set out what directly elected mayors will be able to do, including:
Represent the entire local authority area
As an officeholder elected from across the local authority area, the directly elected mayor will represent and advocate for the interests of the entire local authority area both nationally and internationally.
Bridge reserved and executive functions
Local government legislation divides local authority functions into executive and reserved functions. The directly elected mayor with executive functions would bridge the gap between the two categories of functions.
Ensure the implementation of the policy of, and decisions made by, the elected council in relation to its reserved functions
The directly elected mayor will replace the chief executive as the person responsible for ensuring that all lawful directions of the elected council in relation to the exercise and performance of the elected council’s reserved functions are carried into effect.
The chief executive will implement these directions of the elected council on the mayor’s behalf, under the oversight of the mayor.
Ensure that the executive functions of the local authority are performed effectively and efficiently
As the person legally responsible for the performance of the local authority’s executive functions, the directly elected mayor will be responsible for ensuring that executive functions are performed effectively and efficiently.
The chief executive will carry out these executive functions on behalf of the mayor. The mayor will oversee the performance of the chief executive.
Policy-making and policy preparation
Where legislation requires, the directly elected mayor will be responsible for drafting and presenting policies to the elected council of the local authority, for the council’s approval.
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Where existing arrangements provide that the chief executive is responsible for setting policy for the local authority, the mayor will assume that responsibility.
Act as leader of the elected council
The directly elected mayor will, as under existing arrangements, preside over council meetings and provide leadership to the elected council.
Under the proposals, directly elected mayors will NOT have a role in:
The performance of certain executive functions currently exercised by the chief executive
Insofar as they relate to individual instances of those functions, such as allocating social housing to individuals or families, or approving individual planning applications, or granting licences or permits.
These functions will remain the legal responsibility of the chief executive, and be carried out in line with policies approved by the council.
Enforcement matters
Insofar as they relate to individual instances, such as planning enforcement.
These functions, as at present, will be carried out by the chief executive, in line with policies approved by the council.
Exercising a second or casting vote
This refers to when voting on a policy, plan, budget or other item that they have prepared and proposed to the elected council.
Broadly speaking, it would be inappropriate for the directly elected mayor to have a role in relation to individual cases, applications, enforcement matters, grant allocation and revenue-gathering activities. These functions will be performed by the chief executive on behalf of the local authority.
The proposals state that a provision to preclude the directly elected mayor from involvement in individual cases or matters could be included in legislation.
The document notes that could be similar to Section 30 of the Planning and Development Act 2000, as amended, which precludes the relevant minister from involvement in particular cases.
It adds that arrangements similar to those in the Department of Employment Affairs and Social Protection, where Deciding Officers are independent in their decision-making, could also be put in place. This is
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provided for under Part 10 of the Social Welfare Consolidation Act 2005, as amended.
Following the May 2019 elections voters in Cork city and Waterford City and County have rejected proposals for a directly elected Lord Mayor.
U EDUCATION & TRAINING BOARDS (ETBs)
On 1st July 2013, the 33 Vocational Education Committees (VECs) were dissolved and replaced by 16 Education and Training Boards (ETBs). The ETBs are established under and governed according to the Education and Training Boards Act, 2013. Each ETB is a statutory body with its own corporate status. ETBs are statutory education authorities which have responsibility for education and training, youth work and a range of other statutory functions. ETBs manage and operate second-level schools, further education colleges, pilot community national schools and a range of adult and further education centers delivering education and training programmes.15 The Education and Training Boards Act, 2013 (Local Authority Members) Regulations, 2014 set out the procedures to be used by Local Authorities to elect Members to Education and Training Boards, having regard to the objective that at least 40% of the Members elected are women and at least 40% are men.
V OPERATIONAL REVIEW OF LOCAL GOVERNMENT ARRANGEMENTS
The Minister for the Environment, Community & Local Government announced an Operational Review of Local Government Arrangement in June 2015. This will be undertaken through a process similar to that which applied previously in the development and implementation of the local government reform programme, involving a high level Advisory Group and an associated working group, the Local Government Forum, for engagement with local authority members on policy and governance matters. The Terms of Reference and Membership of the Local Government Advisory Group and Local Government Forum are included as Appendix 1 of this document
FUTURE REFORM
A Programme for a Partnership Government (2016) refers to ‘the next wave of local government reform’.16 Local government leadership and accountability - in particular - are areas targeted for future reform. Indeed, departmental papers addressing potential municipal governance and Local Authority Boundaries
15 http://www.education.ie/en/The-Department/Bodies-and-Committees/Education-and- Training-Boards-ETBs-.html 16https://www.merrionstreet.ie/MerrionStreet/en/ImageLibrary/Programme_for_Partnershi p_Government.pdf.
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W CONCLUSION
We are currently in an era of fundamental change in local government. This change encompasses structures, staffing, financing, functions and legislation. It is an exciting time to be part of local government and an opportunity to bring local government closer to the communities it serves. It is also an era where community engagement and public accountability are to the fore. The plans, actions, finances and decision-making processes of Local Authorities are open to public scrutiny and are subject of much media and public attention. Local government can no longer be seen as mere providers of services. Their wider role in building communities, fostering social inclusion, promoting economic, social, cultural and community development, enhancing democracy and encouraging and facilitating participation is evident and is a product of the modernisation agenda that is delivering true Local Government Reform. The challenge is to achieve this against a backdrop of past economic growth, significant population increase/ reductions, social change, major inward migration and increased cultural diversity. We will, however, have to wait and see how the economic recession will impact on the political will to continue the journey of reform and to implement the recommendations and required actions contained in the most recent reports.
X CONCLUDING REMARKS
Having read this lesson, you will have noted that, over the past 40 odd years, there has been much discussion on the need for local government reform. Party manifestos leading up to elections usually contain a commitment to reforming the system. When parties find themselves in government, discussion documents, reports and studies are commissioned and policy statements, green papers or white papers are subsequently published.
Previous proposals for directly elected Mayors have been provided for in legislation but the idea was subsequently abandoned. Reform proposals appear to continually look at reforming the existing local government system along the same themes that have been examined over the past thirty years; namely;
17 https://www.housing.gov.ie/local-government/reform/minister-phelan-addresses-joint- committee-housing-planning-and-local (31 May 2018). 18 http://www.sinnfein.ie/contents/39689 https://www.irishtimes.com/news/ireland/irish-news/martin-says-local-government-reform- essential-for-democracy-1.2978456 https://www.labour.ie/news/2017/06/28/we-need-to-ensure-there-is-a-return-to-local- democ/
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Town local government Relationship between Managers and Members Directly elected Mayors
The implementation of the recommendations contained in Better Local Government and the subsequent Task Force reports were a substantial and genuine move towards local government reform and the start of a major modernisation programme. Local Authorities themselves developed new offices, expanded area services, took a lead inter agency role through the County Development Board structures, developed new partnerships with the voluntary/community sector, embraced new technologies and new approaches to work and contributed much to their own modernisation agenda.
It would be wrong to consider that the modernisation agenda was simply centrally driven and handed down to Local Authorities to implement. There has long been strong belief and desire at local level that local government needs to be strengthened. Local government reform will, however, be most effective when allied to reform at Central Government level and when real autonomy and discretion is given to Local Authorities.
While to date few fundamental changes were made despite the many reports and recommendations that have been produced over the years, real change is now taking place in the context of the present Government’s Action Plan for Local Government Reform, Putting People First. While some may argue that these changes are not sufficiently comprehensive and that the old structure of cities and counties is no longer fit for purpose, there is no doubt that the current proposals are the most comprehensive that have been envisaged for many years and are likely to give rise to a very different type of Local Government in Ireland in the years ahead.
These changes will impose new demands on elected members and on Managers and other officials alike.
Exactly how the changes outlined in Putting People First will manifest themselves in practice remains to be seen. Discussions are still on-going as to the precise structures that will be put in place to effect the envisaged changes, the ways in which these structures will work the exact relationship that will develop between Central and Local Government, between Local Government and Local Development and between elected members and officials are all matters for the future.
However, as noted earlier, a series of factors came together to make real change in Local Government in Ireland more likely than at any time in the last century. Change is inevitable; the precise model that ultimately emerges is more uncertain.
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Appendix 1 Operational Review of Local Government Arrangements
Terms of Reference and Membership
Local Government Advisory Group and Local Government Forum
The Minister for the Environment, Community and Local Government has initiated an operational review of the new local government arrangements under the Local Government Reform Act 2014. This will be undertaken through a process similar to that which applied previously in the development and implementation of the local government reform programme, involving a high level Advisory Group and an associated working group, the Local Government Forum, for engagement with local authority members on policy and governance matters. The terms of reference and proposed membership of these groups are set out in the following paragraphs.
Local Government Advisory Group –Terms of Reference To consider the operation, to date, of the revised local government structures and arrangements, and on-going implementation of the local government reform programme; and provide on-going advice, views or proposals, as appropriate, in that regard with particular reference to: -
the operation of the municipal district arrangements, particularly the exercise of powers and functions by elected members and in that context, to ensure that the new system is being operated effectively and as intended; how the various components of the new local government system are working and interacting e.g. the executive and the full elected council, the executive and municipal districts, the full council and municipal districts, municipal districts and other municipal districts, municipal districts and local communities; the operation of the merged local authorities, with particular reference to city/county councils (Limerick, Tipperary, Waterford), including the impact of the mergers in relation to matters such as governance, strategic functions, organisational change, administrative savings, streamlining of operations and services, and efficiency aspects generally; the role of local government in relation to urban areas, including economic and social aspects, and in maximising the impact of urban centres as driving forces for the well-being of their wider districts; the performance by local authority elected members of governance (including financial) functions generally (including through audit committee work programmes), and related issues, including member’s workload, and civic aspects such as the designation of the office of mayor;
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the performance of economic development functions and related spatial planning matters at regional and local level, including the formulation of Local Economic and Community Plans and Regional Spatial and Economic Strategies, and the various roles of relevant parties, particularly non-statutory economic fora, Strategic Planning Area Committees and regional assembly staff, and co-ordination with other agencies and strategies, particularly in the enterprise and skills areas; the experience, impact and outcome generally to date of local government reforms and consideration of and provision of information, views and advice on, other specific aspects of the operation and development of the local government system, as appropriate, including: possible further expansion of the role of local government, input and matters arising from the work of the Local Government Forum, any matters arising from current reviews of local government arrangements and boundaries, any issues raised by local authorities or regional assemblies, any matters referred by the Minister/Department, or by other Departments or relevant agencies, or which the Group considers necessary in addressing its terms of reference.
Local Government Advisory Group - Membership Paul Lemass (Assistant Secretary, D/ECLG), Chair Tom Barry (former Carlow Chief Executive) Richard Boyle, IPA Peter Carey (Kildare Chief Executive) Denis Conlan (D/ECLG) Maurice Coughlan (D/ECLG) Niall Cussen (D/ECLG) Gerry Finn (Northern and Western Regional Assembly) Senator Denis Landy Joe Mac Grath (Tipperary Chief Executive) Padraig McNally (AILG) Michael Murphy (D/ECLG) Seamus Neely (Donegal Chief Executive) Philomena Poole (Dun Laoghaire-Rathdown Chief Executive) Tom Ryan (former Director AILG) Jeanette Young (D/ECLG), Secretary There will also be wider participation, where appropriate (including, if necessary, relevant expertise on more technical issues). It is envisaged that the advisory process will operate in a relatively informal and flexible way, with possible variation in participation on the Advisory Group or the Forum depending on particular matters under consideration.
Local Government Forum –Terms of Reference
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To provide a forum for structured engagement between central government and local authority elected members, as represented by the Association of Irish Local Government, in relation to matters of governance and policy in local government, with particular reference to: -
obtaining views of local authority members regarding the effect of local government reforms, particularly with regard to the functions and workload of councillors; facilitating input by local authority members on aspects of national policy relevant to local government; maximising effectiveness in local authority governance, including financial governance; and providing input to, and considering issues referred by, the Advisory Group or by the Department.
Local Government Forum - Membership Tom Barry (former Carlow Chief Executive), Chair Councillor Colm Brophy (South Dublin County Council) Maurice Coughlan (D/ECLG) Councillor Pat Daly (Clare County Council) Councillor Mary Hannah Hourigan (Tipperary County Council) Liam Kenny (AILG) Gary McGuinn (D/ECLG) Padraig McNally (AILG) Tommy Moylan (AILG) A Chief Executive on the Advisory Group Brendan Buggy (D/ECLG), Secretary Other possible attendance, as appropriate.
June 2015
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Appendix 2
Schedule of Proposals for Local Government Reform since 1971 1971 – White Paper on Local Government Re-organisation. 1971 – Strengthening the Local Government Services- The McKinsey Report. 1972 – White Paper on Local Finance and Taxation. 1973 – Local Government Re-organisation – Discussion Document. 1977 – Abolition of Domestic Rates (Government decision). 1983 – Termination of Agricultural Rates (Supreme Court Decision). 1985 – The Reform of Local Government – A Policy Statement. 1985 – NESC Report. 1985 – Commission on Taxation Reports. 1991 – Local Government Re-organisation and Reform 1991 – The Barrington Report. 1994 – A Government of Renewal. 1996 – Toward Cohesive Local Government – Town and County. 1996 – Study on Local Government Finance (KPMG). 1996 – Interim Report of the Devolution Commission. 1996 – Better Local Government: A Program for Change. 1997 – Local Government (Financial Provisions) Act. 1997 – Second Report of the Devolution Commission. 1997 – Guidelines for the establishment and operation of Strategic Policy Committees. 1998 – Task Force Report on the Integration of Local Government and Local Development. 1999 – Preparing the Ground: Guidelines for the Progression from County Strategy Groups to County/City Development Boards (Second Task Force Report). 2000 – A Shared Vision for County/City Development Boards (Third Task Force Report). 2001 – Local Government Act, 2001. Modernising Government – The Challenges for Local Government 2004 – Delivering Value for People: Service Indicators in Local Authorities. 2008 – Green Paper – Stronger Local Democracy. 2008 – OECD Review of the Public Service. 2008 – Transforming Public Services: Citizen Centred Performance Focus. 2009 - Commission on Taxation Report. 2009 – Local Government (Charges) Act 2009. 2010 – Local Government Efficiency Review Group Report. 2011- Programme for Government 2011/16 2012- Putting People First- Action Programme for Effective Local Government 2014 - Local Government Reform Act, 2014
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