-2 NORTH LANARKSHIRE COUNCIL AGENDA ITEM No. -..-- L...... REPORT

To: POLICY AND RESOURCES Subject: INQUIRY INTO BOUNDARIES, COMMITTEE VOTING AND REPRESENTATION IN -CONSULTATION - THE ARBUTHNOTT COMMISSION From: DIRECTOR OF ADMINISTRATION

Date: 18 August 2005 Ref: JOHIJAFIIL

1. Purpose of Report

1.I The Policy and Resources Committee at its meeting on 8 February 2005 considered a report

(1) outlining the remit of the Commission on Boundary Differences and Voting Systems (the Arbuthnott Commission) set up by the Secretary of State for Scotland in July 2004;

(2) ’ advising of a consultation received from the Commission inviting comments by 15 April 2005 on various matters in relation to boundaries and voting systems and

(3) proposing that the MemberlOfficer Group on Local Governance prepare a detailed response for submission to the next meeting of the Policy and Resources Committee.

1.2 As a result, consideration was given to the consultation paper at the meeting of the MernbedOfficer Group held on 7 April 2005, at which time the Working Group formulated responses to the questions posed in the Commission’s consultation, those responses being as attached in Appendix 1 to this report.

1.3 The responses prepared by way of the Working Group were endorsed at the Policy and Resources Committee meeting on 19 April 2005.

2. Request for Meeting

2.1 In addition, the Policy and Resources Committee agreed in April that the MembedOfficer Working Group on Local Governance, representing the Council, should seek a meeting with representatives of the Arbuthnott Commission.

2.2 A response has now been received from the Commission dated 30 June 2005 and a copy is attached as Appendix 2 to this report. It will be noted that the Commission

(I) does not see its remit as extending to revisiting the debate which led to the Scottish

e Parliament deciding that an STV voting system was appropriate for local government elections and

(2) that the Commission, having received the Council’s written response, is not sure that a meeting with the Commission would be necessary.

2.3 In light of the contents of that response, the Member/Officer Working Group on Local Governance agreed to recommend that the Council no longer pursue a meeting with representatives of the Arbuthnott Commission.

Arbuthnott Commission response.doc 2

3. Recommendation

3.1. That the Council no longer pursue a meeting with representatives of the Arbuthnott Commission.

Directorv f Administfati "v n Members seeking further information on the contents of this report are asked to contact John O'Hagan, Director of Administration on Extension 2345.

Arbuthnon Commission response.doc APPENDIX 1

e Question: How important do you think it will be, either in voting or for dealing with your political representatives to have common boundaries for and Westminster constituencies?

Proposed Response: Within North Lanarkshire the situation envisaged by the proposed CQSLA response - that it will be confusing for merqbers of the public where the constituencies for MSPs and MPs have the same name but cover different areas - pertains in only two constituencies - Airdrie and Shotts and Motherwell and Wishaw. It has to be said that while some degree of confusion will be inevitable, it is impossible to completely avoid it if the current level of MSPs are to be retained. It should be noted that separate questions are posed' as to methods of electing members of the Scottish Parliament.

Question: Do you currently experience difficulty in identifying who to approach - Local Councillor; Constituency MSP; Regional MSPs; MP or MEPs - to deal with a particular issue? If so, what changes might make this easier?

Proposed Response: It is noted that COSLA take the view that this is likely to be an issue where Councillors' roles are being confused with those of MSPs, but is more likely to arise from confusion over competency for each sphere of governance, rather than being an issue arising from physical boundaries to wards and constituencies.

It is considered that the main thrust of COSLAs response merits support: it is submitted that there is a requirement for a clear protocol whereby Members of the Scottish Parliament, both Regional and Constituency, Members of Parliament and Members of the , when approached regarding a matter which is the responsibility of local government, confine their response to referring the matter to the appropriate member of the Council. This issue goes beyond the question of jurisdiction of elected representatives and impacts on the treatment of local government as a tier of government. Clear role descriptions and a protocol on jurisdiction are required. e Question: If it is decided to keep the same boundaries, or a system of common ones, for Westminster and Scottish Parliament constituencies, what structure (such as in the examples listed below) would provide the best way of achieving this?

0 2 MSPs for each new Westminster constituency (2 x 59) with a top up of 11 MSPs from a national list 0 60 constituency members and 69 (or 60) list members from either regions or a national list 0 Grouping the new Westminster constituencies to form larger Holyrood multi-member constituencies 0. Hybrid system, with rural constituencies the same as for Westminster and rnulti-member seats in the cities and urban areas

Proposed Response: It is noted that the CQSLA accept the need to balance the memberlwardlconstituency link - which is a long-standing policy of CQSLA - with the confusion that multiple voting systems are likely to contribute which may put off voters. It is noted, also, that CQSLA reached the view that STV is the best voting system for MSPs

Document3 2

because of its consistency with a new 2007 arrangement for Councillors. It is, however, noted, also, that the Commission would expect to receive representations, formulate a view and make recommendations on the advisability of the introduction of the Single Transferable Voting System to local government elections. It is the view of North Lanarkshire Council that, whatever the nature of the chosen for local government, the primary objective must be to ensure that the memberlward link is not weakened and the Council take the view that the STV system, as proposed, which provides for larger wards each of which will have three or four members, will fundamentally and adversely alter the current individual relationship between a Councillor and the ward he or she represents. Against that background North Lanarkshire Council do not support the introduction of STV either for local government elections or for elections to the Scottish Parliament. o Question: How important is it to have close identification 'between elected representatives and specific areas? If this is significant, what is the maximum size and population for effective representation?

Proposed Response: It is the view of the Council that, in considering the response to this question, the primary factors must be the importance of memberlward links and governance issues as well as issues regarding service delivery. Against the basic backdrop of the issue of subsidiarity and of decisions being devolved to the lowest appropriate tier of government, the Council is of the view that, while the establishment of the Scottish Parliament has gone a long way to dealing with issues of national identity and decision making, the temptation to retain decision making at that national level requires to be resisted. e Question: Would it be useful if other public bodies, such as Health Boards, also fitted within constituency and ward boundaries?

Proposed Response: In light of the Council's experience of operation of the community leadership role and of community planning, it is the submission of North Lanarkshire Council that there is no fundamental requirement for other public bodies, such as Health Boards, to fit within constituency and ward buundaries. e Question: What impact do you think having four different systems of electing representatives will have on voters, and on how effectively constituents are represented?

Proposed Response: It is the view of the Council that any requirement for the electorate to vote, on the one day, using three entirely different voting systems will inevitably lead to electorate confusion and will make it virtually certain that there will be a significant increase in the number of votes spoiled through confusion as to the three electoral systems. That, in the view of the Council, will be extremely harmful to the democratic process. For that reason it is the recommendation of the Council that the Commission recommend to both the Secretary of State for Scotland and the Scottish Parliament that there should not be a requirement in 2007 for the electorate to vote, on the one day, using three entirely different voting systems.

(9 Question: What is your view on the operation of the voting systems used for elections to the Scottish Parliament and the European Parliament?

Proposed Response: It is the view of the Council that the operation of the voting systems used for elections to the Scottish Parliament and European Parliament underline the impo dance of membe rlconstituency links. @ uestion: Do you think electors will be confused by having to vote using the new system for local government elections on the same day as using the for the Scottish Parliament elections?

Proposed Response: As advised above, it is the view of the Council that any requirement on the electorate to vote, on day, using three entirely different voting systems will result in electorate confusion leading to a significant increase in the number of votes spoiled and harm to the democratic process. It is, also the view of the Council that no clear justification has been advanced for the difference between the voting systems being adopted for each tier of government.

0 uestion: Does the existing structure of Constituency and Regional List MSPs generally work to the benefit of constituents, or have you experienced difficulties in the representative role of those two types of MSP?

Proposed Response: The Council notes that, irrespective of the fact that, in legal terms, there is no difference in terms of authority between MSPs who are territorially elected and those who come from the Regional List system, there continues to be a perception that one carries more legitimacy than the other. The Council notes also the COSLA view that, as list MSPs do not have a clear constituency based role, the current system leaves them open to accusations of being under-occupied and “cherry picking issues that appeal to them” and the Council concurs with COSLAs analysis of the position. o Question: Are there improvements that could usefully be made in the way MSPs are elected?

Proposed Response: Having regard to the factors identified above, it is the view of the Council that the way MSPs are elected could profitably be reviewed in light of the importance of memberkonstituency links. APPENDIX 2

50 Frederick Street Edinburgh EH2 1NG

Mr John O’Hagan Telephone: 01 3 1 225 2764 Fax: 01 3 1 226 4338 Director of Administration arbuthnottcommissionQscotland .gsi.qov.uk North Lanarkshire Council www.arbuthnottcornmission.aov.uk PO Box 14 Civic Centre Motherwell 30June2005 ML1 ITW

Dear Mr ’O’Hagan

Thank you for your letter of 14 June. I must apologise that your letter of 13 May in which you raised the possibility of meeting with the commission was overlooked. As you may know, I spoke last week to your colleague, Mr Fleming, about this.

First, I s.hould clarify that it was not particularly the commission’s intention, as you suggest in your letter of 15 April, that we anticipated receiving views on the advisability of the introduction of STV for local government elections and would be required to form a view on this. Rather, the commission’s inquiry was partly triggered by the decision of the Scottish Parliament to introduce STV for local elections and specifically the implications this might have for the method of voting in Scottish Parliament elections.

While clearly the commission’s recommendations might have implications or consequences for the system of electing local government, the commission does not see its remit as extending to revisiting the extensive debate that took place before the new arrangements were agreed to and introduced by the Scottish Parliament.

That said, the commission is of course seeking the views of all interested parties and is grateful for your council’s response which fully and clearly sets out its position. In the light of this written response, I am not sure that a meeting would be necessary. However, as discussed with Mr Fleming, if the Working Group believes it has further

Document3 ’ information and views to raise with the commission which have not already been covered, then of course we would be happy to arrange for some of the commissioners to meet with that Group or other representatives of North Lanarkshire Council. If you should wish a meeting, please let me know what suitable dates would be and we shall take matters forward.

Your sincerely

Dr Ewan MacLear; Secretary