Better Local Government: a Programme for Change

Diploma in Local Government Studies: 2019/20 (Accredited by NUI) LESSON 1 Local Government Reform © All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission in writing from the publisher. ©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 Page 2 of 59 Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform 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 Page 3 of 59 Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform 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 Page 4 of 59 Diploma in Local Government Studies 2019/20: Lesson 1 - Local Government Reform 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

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