Devolution in Scotland The impact on local government

Michael Bennett, John Fairley and Mark McAteer The Joseph Rowntree Foundation has supported this project as part of its programme of research and innovative development projects, which it hopes will be of value to policy makers, practitioners and service users. The facts presented and views expressed in this report are, however, those of the authors and not necessarily those of the Foundation.

Michael Bennett is a Senior Research Fellow in the Scottish Local Authorities Management Centre (SLAMC) and Policy Officer for SOLACE (Scotland). John Fairley is Head of the Department of Environmental Planning. Mark McAteer is a Lecturer in the SLAMC. All three are at the University of Strathclyde, Glasgow, Scotland.

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Acknowledgements iv

Executive summary v

1 The context of devolution 1 Introduction 1 The historical framework for devolution 2 The financial framework for devolution 3 The inherited policy framework 4 The devolution referendum 5

2A new central–local relationship? 8 The relevance of Westminster and Whitehall 9 Central–local relations after devolution 13 The Executive and Parliament: differing perceptions 19 The capacity of local government to respond to devolution 21

3 The impact of devolution on COSLA 23 Introduction 23 The Convention of Scottish Local Authorities (COSLA): the recent context 23 COSLA’s performance since devolution 25 The influence of party politics 28 The COSLA review 29 The professional associations and COSLA 30 A future for COSLA? 32

4 Professional associations, devolution and the impact on public service delivery 34 The policy context in education, housing and economic development 34 The professional associations and devolution 36 Views on the Parliament 38

5 Conclusions 43

Notes 46

Bibliography 47

Appendix: Research methods 50 Acknowledgements

We would like to thank the members of our We would also like to thank the members Advisory Group for discussing our plans and and officers in our 11 case study authorities who ideas, and commenting on our first draft. They took part in interviews, and their counterparts are: Oonagh Aitken, former Chief Executive, in the other 21 councils who took time to COSLA; Alan Campbell, Chief Executive, complete and return our questionnaires. We are Aberdeenshire Council; John Harris, Head of indebted to the members of SOLACE, ADES, Policy, COSLA; Bill Howatt, Chief Executive, ALACHO and SLAED, and to the many Comhairle nan Eilean Siar; Professor Charles interviewees in the Scottish Parliament, COSLA, Jeffrey, Birmingham University; Pat Kneen, EIS, UNISON and elsewhere. We would also Deputy Director of Research, Joseph Rowntree like to thank Highland Council for providing Foundation; Professor Martin Laffin, University their Parliamentary Briefings. of Glamorgan; Stephen Maxwell, Assistant Any errors of fact or judgement are the Director, SCVO; Anne Mearns, Chair, Forward exclusive responsibility of the authors. Scotland; David Middleton, Head of the Local Government Division, Scottish Executive; Mary Pitcaithly, Chief Executive, Falkirk Council.

iv Executive summary

The project analysed the impact of devolution was an equal partner of the Executive, a view on local government in Scotland since 1999. In that was echoed in the Civil Service. Local the report, we map the changing relationships government tended to be more critical of the in the new ‘multi-level democratic governance’ Executive than of the Parliament. of Scotland, including the continuing Relations between the Civil Service and local importance of Westminster. The report assesses government were good in the sense that people the impact of devolution on national local knew each other and ‘things happened’. While government organisations and on the devolution transformed the working centralisation of political power in Scotland. environment for both local government and the Lastly, it assesses the impact of devolution on Civil Service, there was clearly a degree of local public service delivery. suspicion and mistrust on both sides of this Scottish local government was central to the relationship. This mistrust remained an obstacle campaign to secure a Parliament. Without its to further improving the governance of Scotland. support it is doubtful if the legislature could The report also uncovered a widespread have been delivered so quickly or in such a unease about the role played by List MSPs. They consensual manner. Devolution did not were generally seen to ‘cherry-pick’ issues, to significantly change the formal constitutional ‘chase headlines’ and to lack accountability. position of local government. However, local The research also considered the authorities found themselves working in new implications for local authority representation and complex sets of relationships with the through the Convention of Scottish Local Parliament and the Executive. Authorities (COSLA) in the post-devolution The report shows that within two years of environment. It coincided with a crisis year for devolution a strong consensus in Scottish local COSLA, when three councils left the government had developed that Westminster organisation. While the crisis was complex, a had declined in day-to-day importance, key aspect was that many in local government although it retained control over important viewed the relationship between COSLA and policy and financial frameworks. While formal the Executive as being ‘too cosy’ and one that links with Westminster and Whitehall had compromised COSLA’s campaigning role. declined, there remained strong interpersonal Devolution also impacted differently on key links, expressed through political party local services. This was reflected in the views of networks, and these were an important avenue the Parliament and Executive held by different through which policy issues could be managed. professional groups. Some, including many The report highlights that the great majority directors of education, felt very supportive of in local government were supportive of the the Executive and enthusiastic about their role Parliament and devolution. Generally, local in working in partnership. While others, government reported that, post devolution, including chief executives and other service government was more open and inclusive, and directors, felt that centralisation had continued ministers and civil servants had become more under devolution and were more critical of the accessible. Local government did not feel that it Executive.

v Devolution in Scotland

Conclusion created far greater opportunities to deal with Scotland’s problems and opportunities. In the main, the research found that devolution The research highlighted the need for a had significantly improved matters by bringing political culture that was able and willing to national government closer, geographically, to overcome the remaining problems of distrust local government. In addition to being between and among Scotland’s public servants. physically closer to local government, the While many had hoped devolution would research found that the Scottish Executive was produce a ‘new politics’, progress was limited perceived as more open and willing to listen to and Scotland had yet to free itself from the ‘old local government than the Scottish Office had politics’ of the past. been before devolution. Moreover, the policy and legislative capacity that devolution brought

vi 1 The context of devolution

I have the opportunity to make a short speech • assess the continuing importance of and I want to begin with the words that I have Westminster in Scottish central–local always wanted either to say or to hear someone relations. else say: the Scottish Parliament, which Throughout 2001, we undertook field adjourned on 25 March 1707, is hereby research in 11 case study local authorities. The reconvened. (Winnie Ewing, MSP, opening case study authorities included large urban address to the Scottish Parliament, 12 May 1999) authorities and small rural and island authorities as well as a range of councils Introduction controlled by different political parties or independents. We interviewed/held structured This report was commissioned by the Joseph discussions with some 120 interviewees. Those Rowntree Foundation in Autumn 2000. The selected for interview were senior politicians field research ran from March to November and officers within our 11 chosen councils. We 2001.1 The project analysed some of the key also interviewed senior civil servants in issues that are of relevance in the new post- Edinburgh and Whitehall, employees of the devolution governance of Scotland. Its focus Scottish Parliament, ministers within the was the impact of devolution on Scottish local Scottish Executive and Members of the Scottish government, which accounts for approximately Parliament (MSPs). We interviewed chairs of 36 per cent of the Scottish Parliament’s assigned committees that are relevant to local budget (SOLACE Scotland, 2000). We sought to government, all the local government understand the consequences of devolution for spokespersons of the major political parties and local government both as a major public members of the Local Government Committee. services provider and as the only other tier of We also interviewed the leaders of two of the Scottish government that is democratically main trade unions in local government and a elected. range of significant commentators on local The specific aims of the project were to: government and devolution from across •‘map’ the changing relationships in the Scottish public life. new forms of ‘multi-level democratic To supplement our qualitative research data governance’ in Scotland we employed quantitative research methods. We conducted postal surveys of elected local • assess the impact of devolution on councillors and members of some local national local government organisations government professional bodies. We surveyed • assess the impact of devolution on the the Society of Local Authority Chief Executives centralisation of political power in and Senior Managers (SOLACE), the Scotland Association of Directors of Education in Scotland (ADES), the Association of Local • assess the impact of devolution on local Authority Chief Housing Officers (ALACHO) public service delivery and the Scottish Local Authority Economic

1 Devolution in Scotland

Development Group (SLAED), with the support doubtful whether devolution would have of these organisations. assumed as prominent a place on the political In reporting our findings, we have used agenda of the United Kingdom as it has done. material from both the qualitative and In 1979, a referendum held by the then quantitative data sets. The two data sets were Labour Government to create a Scottish compatible both in terms of the issues pursued Assembly failed as a consequence of the within them and the responses generated by our infamous clause that required at least 40 per respondents. In presenting the quantitative cent of the electorate to vote for the change. data, we have rounded up percentages to the While it may have been expected that this nearest whole number in the written text of this outcome would have settled the devolution report and to the nearest decimal point in the issue, the election of the Conservatives in 1979, tables. (See Appendix for details of the research led by Margaret Thatcher, reinvigorated calls for methods employed). devolved government for Scotland. Within This chapter sets out some of the academic circles it has been widely accepted background to Scottish devolution. It offers a that for much of the 1980s and 1990s the Scottish brief history of devolution and local Office sought to ‘soften’ the implementation of government’s role in supporting the creation of ‘Thatcherism’ in Scotland. However, the a legislature for Scotland. It also details how predominant public perception in Scotland was both the financing of the Parliament and the that the Thatcher and Major governments policy framework that it inherited have set an represented ‘illegitimate’ London governments operating context within which relations forcing policies alien to Scottish political culture between the Parliament, the Scottish Executive on to the nation (Brown et al., 1998). The failure and local government are evolving. of Labour at the UK level to break the Conservatives’ hold on power reinvigorated the The historical framework for devolution Scottish campaign for devolution, which was seen as a strategy to protect Scottish political While the Labour Government could interests and a sense of ‘Scottishness’. By 1997, legitimately claim that it delivered devolution to the Conservatives had almost disappeared from Scotland, the change was the culmination of the elected levels of politics, with only a small decades of political activity. For much of the proportion of local councillors. post-war period, pressure grew for some form The Constitutional Convention was formed of devolution for Scotland (Paterson, 1994). The after the Conservatives’ 1987 general election rise of the Scottish National Party (SNP) as a victory as a cross-party forum to pursue serious political force first in the 1960s and more devolution.2 It is arguable that without the so in the 1970s increased this political pressure. Convention’s work devolution would not have Bogdanor (1999, p. 119) noted: come as quickly, or as consensually, to Scotland Without the rise and electoral success in the as it did after Labour’s general election victory 1970s of the Scottish National Party, the SNP, it is in 1997. The Convention built wide political and

2 The context of devolution

popular support for devolution and helped put The financial framework for devolution in place the framework that would create the The manner in which the Scottish Parliament is Scottish Parliament (Brown et al., 1998). The financed was established prior to its formation, support, both political and material, of most of following discussion of a number of possible Scotland’s local authorities,3 despite some models. While it does have the capacity to reservations within local government circles generate revenue by varying the standard rate of that devolution might have negative income tax in Scotland, by up to three pence in the consequences for local government (see pound, the core funding of the Parliament remains Himsworth, 1998; Midwinter, 1995, 1997), was a controlled at the UK level by the Treasury. The critical factor in the Convention’s ability to Parliament’s budget is planned on a three-year deliver a framework for devolution. One of the cycle as part of the UK public spending process. people central to the work of the Convention The Parliament is set a Departmental Expenditure commented to us: Limit (DEL) for three years which is calculated I think local government support for the from an inherited budget that is varied over time Constitutional Convention was absolutely crucial. by the Barnett formula.4 The turning point for the Convention I think was A further element of revenue open to the the court of session ruling that allowed local Parliament is Self-financed Expenditure which government to give support to the Convention includes factors such as Council Taxes and Non- both in terms of financial support and providing domestic Rates (Business Rates). While Self- key people to the convention. Local government financed Expenditure is not directly controlled had an important role … Without the court’s ruling by the Treasury – unlike grant support for local it would certainly have made matters more government, which is calculated as part of the difficult for the convention to work and to DEL – it can still be indirectly influenced from produce the final report. London. Where devolved decisions regarding Self-financed Expenditure impact on UK The number of MSPs who have previously spending matters, for example on the level of been local councillors, or who have sought Council Tax rebates paid in Scotland, those election as councillors, has further highlighted decisions would have to be paid by the the importance of local government to Parliament from the Scottish Block allocation. If devolution. Some 40 per cent of MSPs have important elements of Scottish Self-financed previously been councillors (51 of the 129 Expenditure are allowed by the Parliament to MSPs), while 49 per cent have contested council grow at rates faster than their English elections (Shephard et al., 2001). While these equivalents, for example Local Government numbers are slightly lower than for Scottish Self-financed Expenditure, then the Treasury MPs, local councils remain an important retains the right to reduce the Scottish DEL by ‘training’ ground for MSPs and an important the appropriate amounts (HM Treasury, 1999). political arena with direct links to the Consequently, the Parliament, and public bodies Parliament and the Executive. in Scotland such as councils, continue to operate

3 Devolution in Scotland

under a UK-wide financial system. This new policy developments at the Scottish and operates as an effective constraint on the local levels, the resources to finance any such Scottish Parliament’s policy autonomy. developments will have to be secured from At the time of the Parliament’s formation, within a very tight financial settlement. One spending per head of population in Scotland senior Whitehall civil servant commented to us: was about 19 per cent above the average spend If the Scots notch up a whole series of spending in the UK (Mair and McLeod, 1999). Under the commitments that England would regard as operation of the Comprehensive Spending unaffordable, and the Welsh too, you are going to Review, the population figures that inform the get the backlash that if the Scots can afford that Barnett formula are updated with population they have got too much money and the Welsh estimates for each three-year spending plan. might join that argument as well. So in all of this Under the 2000–03 plans, ‘English’ spending there is a ‘you can do things, but don’t push your will rise by around 23 per cent while ‘Scottish’ luck sunshine’ approach! spending will rise over the three years by around 18 per cent (HM Treasury, 2000). While Table 1 shows that over the three years of the ‘Scottish’ spending continues to rise, the spending plans Executive support for local differential enjoyed by the Parliament over government grows by just under 18 per cent, or ‘English’ spending is falling. Consequently, the 6 per cent year on year. Parliament and the Executive are operating against a financial framework which over the The inherited policy framework long term will erode the per head of population spending differential experienced in Scotland in One of the key drivers for devolution was the the past. Ironically, as the rate of growth of argument that a Scottish Parliament would give public spending across the UK accelerates and Scottish politicians the opportunity to produce as the public’s expectations rise, the differential ‘Scottish solutions to Scottish problems’. In its enjoyed in Scotland will erode faster. Local first two years of existence, the Parliament authorities spend about 36 per cent of the produced a considerable volume of new Scottish budget, and they will feel the legislation, most of which had a direct impact consequences of such pressures. Therefore, on local government. However, in those first while devolution opens up the possibility for two years, much of the legislation followed

Table 1 Current Scottish Government expenditure plans (£m) 2000/01 2001/02 2002/03 2003/04 Scottish Executive programmes 10,433 11,288 12,000 12,706 Executive support for local government 5,714 6,039 6,434 6,698 Total 16,147 17,327 18,434 19,404

Source: Scottish Executive (2001).

4 The context of devolution

from issues that were either being considered (Scottish Office, 1997), was published in July. This prior to devolution or in many instances followed closely the proposals of the Scottish reflected similar developments across the rest of Constitutional Convention. The Government’s the UK. Few pieces of legislation at this stage proposals were put to a referendum of Scottish were truly and exclusively ‘Scottish’. This in voters in September 1997. The referendum asked itself is not surprising. two questions of the Scottish electorate: first, did Devolution has provided the mechanism to they approve of a Scottish Parliament and, turn policy discussion into legislation. Prior to second, did they wish it to have the power to devolution, it was very difficult to get the vary the standard rate of income tax in Scotland necessary time at Westminster for passing by up to three pence in the pound. In the Scottish legislation. And, within the new referendum campaign, the SNP joined Labour legislation of the first two years, there were and the Liberal Democrats in campaigning for a some elements that would generally be viewed ‘yes, yes’ vote. Closely tied to the demand for a as distinctively Scottish in their design and Parliament was the aspiration that it should be content, or in the sense of being changes which quite different from Westminster, and based in a seemed to be impossible for Westminster to ‘new politics’. The Scottish Parliament was to be achieve. Examples of the former were provided more open, more inclusive, more transparent and by the abolition of student tuition fees, and the more directly in touch with the people. The Standards in Scotland’s Schools etc Act of 2000. referendum results were as shown in Table 2. The abolition of Clause 2a (Section 28 in Public assent and legitimacy were given to England and Wales) and the banning of fox the creation of the Scottish Parliament. The hunting with dogs were widely cited as Conservatives accepted the result and examples of change which could be delivered announced their intention to contest the by the Scottish Parliament but seemed highly elections. However, while the figures shown in unlikely in the context of Westminster. Table 2 represent the voting pattern for Scotland as a whole, there was some variation across the country. Table 3 details the referendum result by The devolution referendum council area. Following Labour’s UK general election victory While all 32 council areas had large in May 1997, a White Paper, Scotland’s Parliament majorities in favour of the Parliament, the

Table 2 Scottish Parliament referendum results Votes cast Percentage Question 1 Agree 1,775,045 74.3 Disagree 614,400 25.7 Question 2 Agree 1,512,889 63.5 Disagree 870,263 36.5

5 Devolution in Scotland

Table 3 Scottish Parliament referendum results by council area (%) Turnout Parliament Tax-varying powers Yes No Yes No City of Aberdeen 53.4 71.8 28.2 60.3 39.7 Aberdeenshire 56.7 63.9 36.1 52.3 47.7 Angus 60.0 64.7 35.3 53.4 46.6 Argyll and Bute 64.6 67.3 32.7 57.0 43.0 East Ayrshire 64.5 81.1 18.9 70.5 29.5 North Ayrshire 63.1 76.3 23.7 65.7 34.3 South Ayrshire 66.4 66.9 33.1 56.2 43.8 Borders 64.4 62.8 37.2 50.7 49.3 Clackmannan 65.8 80.0 20.0 68.7 31.3 Dumfries and Galloway 63.1 60.7 38.3 48.8 51.2 East Dunbartonshire 72.3 69.8 30.2 59.1 40.9 West Dunbartonshire 63.4 84.7 15.3 74.7 25.3 City of Dundee 55.3 76.0 24.0 65.5 34.5 City of Edinburgh 59.8 71.9 28.1 62.0 38.0 Falkirk 63.4 80.0 20.0 69.2 30.8 Fife 60.9 76.1 23.9 64.7 35.3 City of Glasgow 51.2 83.6 16.4 75.0 25.0 Highland 60.3 72.6 27.4 62.1 37.9 Inverclyde 60.0 78.0 22.0 67.2 32.8 North Lanarkshire 60.4 82.6 17.4 72.2 27.8 South Lanarkshire 62.8 77.8 22.2 67.6 32.4 East Lothian 64.9 74.2 25.8 62.7 37.3 West Lothian 62.3 79.6 20.4 67.3 32.7 Midlothian 64.9 79.9 20.1 67.7 32.3 Moray 57.5 67.2 32.8 52.7 47.3 Orkney Islands 53.2 57.3 42.7 47.4 52.6 Perth and Kinross 62.7 61.7 38.3 51.3 48.7 East Renfrewshire 68.0 61.7 38.3 51.6 48.4 Renfrewshire 62.4 79.0 21.0 63.6 36.4 Shetland Islands 51.3 62.4 37.6 51.6 48.4 Stirling 65.5 68.5 31.5 58.9 41.1 Western Isles 55.3 79.4 20.6 68.4 31.6

Source: House of Commons (1998). variation in the referendum result largely when much of rural Scotland voted against highlighted the difference between urban, devolution. In both Orkney and Dumfries and Labour-dominated central Scotland and rural Galloway, small majorities were recorded areas. However, the ‘gap’ between urban and against the tax-varying powers for the rural Scotland was much smaller than in 1979, Parliament.

6 The context of devolution

Significantly, in terms of the desired ‘new financial, policy and political context. It was politics’, in the first Parliament, 37 per cent of part of an ongoing process of political change the MSPs were women and a number of women that has its roots in the immediate history and held important Cabinet positions or convened culture of Scottish and British politics. Some of committees. The Parliament adopted ‘family- the issues that are explored in this report reflect friendly’ policies, which avoided late-night the tensions and difficulties of devolution itself. meetings and respected school holidays. And a These issues are both UK wide and tensions Civic Forum was established to represent internal to Scotland. This broader context is popular opinion to the Parliament. clearly very important to understanding the However, while these developments changing interface between local and national represented significant change in Scotland, government in Scotland. devolution developed against an inherited

7 2A new central–local relationship?

Scotland has been the anomaly that has made an • sport and the arts ostensibly unitary [UK] state, an archetype of •research and statistics (Scottish Office, ‘nation state’ in certain political-theoretical terms, 1997). function internally in a markedly federal way. This has been hitherto a federalism of political Local government in post-devolution management and judicial separation rather than a Scotland finds itself in a similar legal position to federalism of constitutional reform. (MacCormick, local government throughout the UK, although 1998, p. 142) of course it has a distinctively Scottish legal framework. As Loughlin (1996, p. 60) noted: The political relations of local government in post-devolution Scotland are highly complex Local government has become a powerful agency with the need to maintain relations with both of government within the administrative State, the Scottish Parliament and Executive in but … the price of this power is that the affairs of Edinburgh, and the Government and local government have become inextricably Parliament in Westminster. From a bound up with those of the centre. constitutional perspective, however, little However, Loughlin (1996, p. 71) goes on to changed as local government, at least for now, say that legalistic analysis of the relationship remains a ‘creature of parliament’ subject to the between local and national government in the doctrine of ‘ultra vires’ (McAteer and Bennett, UK can offer only a partial understanding: 1999), which literally means ‘beyond the powers’.1 In reality, local government has a In the course of business, certain informal ‘rules degree of freedom and discretion in the of the game’ or conventional understandings implementation of the law and statutory emerge and these tend to provide a better guidance it receives from the Executive. Under explanation of behaviour than the formal legal the Scotland Act, the Parliament’s main areas of position. responsibility all have major implications for the Such a position is given further weight by operations of local government in Scotland. Its the terms of the devolution settlement itself, as a main areas of responsibility are: key principle underpinning devolution is • health ‘subsidiarity’. The 1997 White Paper, Scotland’s Parliament, stated that, as a key rationale for • education and training devolution within the UK was the desire to • local government, social work and devolve political power to the most appropriate housing level of government, it would be contradictory for the Parliament not to follow suit: • economic development and transport In establishing a Scottish Parliament to extend • the law and home affairs democratic accountability, the Government do not • the environment expect the Scottish Parliament and its Executive to accumulate a range of new functions at the • agriculture, fisheries and forestry

8 A new central–local relationship?

centre which would be more appropriately and •How has devolution impacted on efficiently delivered by other bodies within relations between Scottish local Scotland. The Government believe that the government and Westminster? principle that decisions should be made as close •How has constitutional change disturbed as possible to the citizen holds good within pre-devolution central–local relations Scotland as it does within the United Kingdom. within Scotland? (Scottish Office, 1997, para 6.2) •How does the political ‘colour’ of A key aim of this report is to ‘map’ the government at UK, Scottish and local institutional, political and legal arrangements of levels affect central–local relations? the new multi-level governance of Scotland. In addition, we seek to make sense of the informal • Do relations between local government relations and conventions that are employed in and the Scottish Executive differ from Scottish central–local relations. Bogdanor (1999) those between the Scottish Parliament refers to these as ‘informal’ and ‘organic’ aspects and local government? of changing governance. Previous studies of •How are new approaches to central–local Scottish governance (McPherson and Rabb, relations being implemented? 1988) highlighted the importance of interpersonal relations between key decision- •How well equipped are local authorities makers at the local and national levels. Such to take advantage of new opportunities findings were in marked contrast to much of the afforded by devolution to shape the intergovernmental relations literature which political and social agenda? largely focused on the situation in England and highlighted the importance of institutional The relevance of Westminster and Whitehall relations and resource dependencies (Rhodes, 1988, 1997). This report seeks to address Across almost all of our interviews and questions relating to both the formal and the throughout our surveys there was a strong informal aspects of central–local relations in consensus that Westminster had become less Scotland. In particular, it explores how relevant to Scottish local government on a day- important the closeness of the participants – in to-day basis. However, Westminster remained both geographical and sometimes political an important arena for establishing the financial terms – is to central–local relations in Scotland. and policy frameworks within which Scottish We seek to understand how relations ‘internal’ local authorities operated. Our research to Scotland are changing as a consequence of participants mostly felt that Westminster now devolution and how relations between Scottish had less immediate relevance to them. While situated political actors are changing with many of our interviewees regarded this as a respect to the UK Government and Parliament. natural consequence of devolution, others were In particular, our research activities were less happy with the development. Two focused on the following questions: contrasting comments were as follows:

9 Devolution in Scotland

Under the Scottish Office one senior civil servant surprisingly, the SNP councillors were the most once told me that Westminster was ‘the front likely to say that Westminster was less line’. I think that is becoming less the case. important than before devolution. Table 4 details the responses by party. I think devolution has had a huge impact on local The position of Labour councillors on this government but I do feel that it has assumed a issue is perhaps not too surprising as there level of importance that is disproportionate. Our remains within the Scottish Labour party a vein other relationships with government have been of opinion that is sceptical of devolution on the seen as less important; it is almost as if they grounds that it may threaten the Union and play didn’t exist. I think this is to the detriment of local into the hands of the SNP. Indeed, as one government. Labour council leader told us: In our survey of elected councillors (see I am broadly anti-devolution. There are three Appendix for details of the survey and research reasons for this. The first is that I saw devolution methods employed) we asked how important as a step towards independence; second I was Westminster to the governance of Scotland thought that it would bring down local since devolution. Sixty-two per cent of our government in Scotland; and third is finance. I respondents felt that Westminster had become think the money [for the construction of the less important to local government since Parliament, etc.] could be better spent elsewhere. devolution, with only 5 per cent saying that it had become more important; 33 per cent said While the actions of the Scottish Labour that it was about the same. A majority in all party were critical in the pursuit of devolution, parties believed that Westminster had become strong commitments to retaining the link with less important. Westminster remain prevalent throughout the However, when these figures were further party. This view was strongly put to us by a broken down, among the established political number of Labour councillors. parties Labour councillors were the least likely At a local level, almost all of our to describe Westminster as being less important interviewees said that the formal level of contact to local government; only among Independent between their council and local MPs had councillors did a lower percentage regard declined since the establishment of the Scottish Westminster as being less important. Not Parliament. One interviewee noted:

Table 4 The importance of Westminster to the governance of Scotland since devolution (%) More Less About same Unsure Conservative 5.1 61.5 33.3 0 Labour 6.5 55.6 37.0 0.9 Lib. Dem. 2.3 70.5 27.3 0 SNP 0 79.5 17.9 2.6 Independent 7.0 51.2 39.5 2.3 Total 4.7 61.7 32.5 1.1

10 A new central–local relationship?

I think MSPs have taken over from MPs in raising cabinet member or committee chair, a clear most issues with the council. majority said contact had not diminished. Among non-office-bearing councillors there was One council that participated in the research an almost even split on the issue. had gathered statistics on the level of formal While formal contact may have declined, the contact between the council and both MSPs and informal links between Scottish local councillors MPs. Table 5 details the level of recorded and Westminster-based MPs remained strong at contact. While the data represent only one the time of the survey, indicating the continuing council’s direct experience, similar points were importance of UK party political relations in raised by interviewees in most of the case study post-devolution Scotland. At a simplistic level, councils. this reflects the fact that many councillors will In the survey, councillors were asked have known and worked with MPs for many whether their personal contact with years – some will even share ‘constituency’ Westminster MPs had declined since accommodation or surgeries with MPs – but at a devolution. The responses showed that the deeper level this is reflective of the duality of formal decline in contact with the council was political relations in post-devolution Scotland. not always matched at the interpersonal level. Westminster and Westminster-based politicians Among Labour councillors, 65 per cent said may have been marginalised in the immediate their contact with Westminster MPs had not aftermath of devolution but they remained diminished since devolution; among Liberal significantly important actors within the local Democrats, the equivalent figure was 58 per politics of Scotland, particularly those who held cent. Only among the Conservatives and the government positions in Westminster. SNP did more respondents claim that contact Westminster remained a significant, if largely had diminished but even then the figures were informal, channel through which political issues almost evenly split. Among Conservatives, 49 are managed and this was significant for per cent said contact had diminished while 43 central–local relations. per cent said that it had not, while, among the The lack of formal contact between councils SNP, the equivalent figures were 49 per cent and and Westminster was also reflected in our 41 per cent. When the figures were broken discussions with Scottish Executive ministers down by the position held within the council, it regarding ministerial interaction between was only in the council leader category that a Edinburgh and London. The formal channels for majority reported a reduction in contact with contact between the Scottish Executive and MPs. In most other categories, for example

Table 5 Number of contacts between council and MPs/MSPs 1998/99 1999/2000 2000/01 MPs 598 304 213 MSPs (Constituency) N/A 559 552 MSPs (List) N/A 33 58

11 Devolution in Scotland

Parliament and their Westminster and Whitehall there is almost no contact. This will have to counterparts are governed by the Memorandum change over time. Although this was good at first, of Understanding (MoU) and subsequent so that Holyrood wasn’t seen as the little brother departmental concordats agreed between … the settlement will have to evolve. Edinburgh and London. The MoU and the This picture was confirmed by a ministerial concordats are public statements that stipulate advisor who said that formal contact occurred how the devolved administrations and around a couple of times per year but that: Whitehall departments will work together. They are: Ministers were aware of the impacts of reserve powers in their areas. The effective management … a statement of political intent, and should not of policy is taking such considerations into be interpreted as a binding agreement. It does account. not create legal obligations between the parties. It is intended to be binding in honour only. (Scottish The key formal channel of communication Executive, 1999, p. 1) with Whitehall remained the Civil Service, which acts as the conduit for policy discussion Underpinning the MoU agreements is the and co-ordination. New forms of Joint Ministerial Committee, which was communication were being developed to deal established to act as a co-ordinating and liaison with the new post-devolution realities. An committee between Whitehall and the devolved example of this was the establishment of regular administrations in the UK. These committees meetings between the heads of the Education are intended to co-ordinate policy across the UK Departments for the four UK territories. On the when devolved and non-devolved areas more general relationships, one senior Whitehall overlap. One senior civil servant commented on official said: the application of the MoU as follows: We have managed through brokered deals and They are mainly writing down what are good correspondence. Quite a lot of these are quite working relations … They are not great technical and ministers would not spend their constitutional documents. time deep in the bowels of technical issues. One Scottish Executive minister commented: He went on: Westminster has no impact on Scotland; the If we get into things that could potentially shift separation is quite astonishing [it is] much more the boundaries of the settlement, there are two so than anyone would have realised. ways in which they could get raised. One is in the When pressed on the level of political management of the legislative programme. All contact with his Westminster colleagues the proposals for bills have a section that shows the minister further commented that: devolution implications so that if there was an issue about Scottish competence that would … at official level contacts between Westminster need to be brought out … The other is that, if you and Edinburgh are good but at ministerial level were doing something that is starting a change,

12 A new central–local relationship?

you would put a proposal in correspondence to This raised the intriguing question of how the chair of the devolution policy cabinet relations may be managed when different committee. It would say ‘here is an issue that has parties are in government in Scotland and the to do with the Welsh, or Scottish, and copy it UK. If the Conservatives, at some future point, around colleagues’. Then colleagues would say regain control of the UK government, a serious whether they were relaxed or ‘I have a particular issue of policy management may well arise. In interest I want to protect’. 2001, the political parties in the Scottish coalition were able to manage relations with Overall, the research indicated that Westminster through their respective parties, at Westminster quickly became less relevant on a both national and local levels. When the formal day-to-day basis to Scottish governance political colour of government differs that link generally and local government in particular. will be lost. While political parties acted as the This is hardly surprising given that almost all of oil that lubricated the wheels of devolution, this local government’s functions are devolved may be not be possible in future if the matters. However, on an interpersonal level, it is governing parties north and south of the clear that many councillors still retained Scottish border are different. significant levels of contact with MPs. This While contact with Westminster continued, indicated the continuing importance of UK more on an interpersonal than formal basis, party political contact within Scottish political Edinburgh quickly became the focal point of circles, while formal contact appeared to be contact between the ‘local’ and ‘national’ levels limited and channelled through the Civil of government in Scotland. The speed with Service. One senior civil servant based in which Westminster has been replaced in the London commented: consciousness of Scottish local government, and I personally don’t keep up to date with all the arguably the Scottish public, as the key body developments in Wales or Scotland. I think we with which political relations were conducted is look to the parties for management of political significant to the governance process. As one issues, not to government officials. commentator noted:

These informal party political channels were If you walk down any High Street in any town in critical to the management of policy and created Scotland, and talk to people about ‘the an invisible web that bound the devolved Parliament’, no one thinks of Westminster. administration and Westminster together. As an example, given that three of the most prominent Central–local relations after devolution politicians in Scotland at the time of the research were either Lanarkshire-based Labour MPs or In 1997, the Consultative Steering Group (CSG) MSPs,2 it would have been naive to assume that was established as a cross-party forum to devise nothing other than formal contact occurred the principles and processes that were to between key Edinburgh, Westminster and local underpin the operations of the Scottish politicians. Parliament, and by implication the Scottish

13 Devolution in Scotland

Executive. The CSG devised the following the Scottish Executive Education Department, principles: that political power should be shared while directors in other service areas reported across Scotland; that accountability should be less positive relations. Furthermore, at the clear; that policy-making processes should be corporate level of councils, relations with the open, participative and responsive; and that Executive varied depending on the issue; good equal opportunities should be promoted relations were recorded on some issues but not throughout the whole of the Scottish on others. Equally, there were different governance system (Consultative Steering perceptions between politicians and senior Group, 1998). Some progress was made in the officers, particularly chief executives, within the attainment of these principles.3 case study councils. Lastly, the perception of the Women’s representation in the Scottish impact of devolution in this sphere differed in Parliament is relatively high, at 37 per cent of some important respects between non-office- the MSPs, and a number of women held bearing and office-bearing councillors. important Cabinet positions or convened In pursuing such issues with our Committees, although there were no MSPs from interviewees we received a wide range of ethnic minorities. The Parliament adopted opinions that were sometimes contradictory and ‘family-friendly’ policies, which avoided late- often complex. One council leader illustrated night meetings and respected school holidays. this: All legislation is ‘proofed’ to assess the I am happy to work in partnership with the implications for equal opportunities. A Civic Executive and the Parliament and to build Forum was established to represent popular common objectives with the Executive but I don’t opinion to the Parliament. And all proposed want interference from Edinburgh. Since 1999 we legislation was ‘proofed’ to establish the likely have seen a great deal of interference. Ministers implications for equalities policy. make promises without knowing council positions While the intention was that the Scottish or council policies. Parliament would be more involved in policy- making than its Westminster counterpart, I suppose they [the Executive] are more particularly through its committees, the Scottish accessible. We have seen more of them over two Executive was the principal player in policy- years than over the past ten years. However, we making in Scotland. In assessing the impact of have I think good working relationships with devolution on central–local relations within them. Scotland, the relationship between the Scottish However, to make matters more confusing, a Executive and local government was the key meeting with the senior managers within the focus. same council produced a largely positive A range of relationships existed between assessment of relations between the Scottish different departments of the Scottish Executive Executive, the council specifically and local and different parts of local government. For government more generally. One senior officer example, some directors of education that we from this council commented: spoke to reported quite positive relations with

14 A new central–local relationship?

We now need to deal with fast-moving legislation of the Executive, when we asked our survey and we now find the Scottish Executive is asking respondents if matters were any better now than for more and more input. We are also now more they were prior to devolution most said things involved in pre-legislative consultation than ever had improved for local government. before. The Executive wants other voices heard Interviewees commented: but I don’t think local authorities have yet been Ministers and the Civil Service are more open and marginalised in the process. Most of what has responsive than in the past. been published as consultation from the Executive we have been involved in before the Things are better than they were before event so nothing much has come as a surprise. devolution. They are not as good as they could be but I think that is a development issue; things will In the survey of councillors, there were clear improve. party differences on the question of whether the Executive had diminished the importance of When we asked in our survey of elected local government, as shown in Table 6. councillors if the Executive was more open than Among the Executive’s coalition partners, the former Scottish Office, almost 53 per cent of Labour and the Liberal Democrats, a sizeable our respondents said yes, while only 28 per cent percentage supported the assertion that the said that it was not. Again, what was clear from Executive had reduced the importance of local our survey was that on this, as on other issues, government but 50 per cent in each party there was an element of party bias in the disagreed with the assertion. Among SNP and answers we received. Table 7 illustrates this. Conservative respondents there was stronger While the balance of opinion among our support, while Independents were split with interviewees reflected a generally positive view slightly more supporting the assertion. When of relations with the Executive at the political the same issue was examined from our level, a different picture emerged when we respondents’ positions within their councils we discussed interactions with the Civil Service. found that, among council leaders, 58 per cent Most of our local government interviewees disagreed with the assertion while only 31 per regarded the Civil Service with a degree of cent agreed. suspicion and mistrust. They felt that the Civil However, despite criticisms that were made Service was largely dismissive of local

Table 6 The Scottish Executive has reduced the importance of local government (%) Party Agree Disagree Unsure Conservative 72.5 15.0 12.5 Labour 37.8 50.5 11.7 Lib. Dem. 45.5 50.0 4.5 SNP 55.0 37.5 7.5 Independent 47.6 42.9 9.5 Total 47.8 42.4 9.7

15 Devolution in Scotland

Table 7 Is the Scottish Executive more open to local government than the Scottish Office was before devolution? (%) Party Yes No Unsure

Conservative 20.0 50.0 30.0 Labour 69.4 18.0 12.6 Lib. Dem. 66.7 14.3 19.0 SNP 42.5 37.5 20.0 Independent 37.2 37.2 25.6 Total 52.7 28.2 19.1 government and on some issues even hostile to The Civil Service also has had to come to it: terms with the reality that some of the councils with which it deals have strong political Devolution has brought the Civil Service more connections with the Executive and that those into the limelight but they don’t like it. There is channels are a key resource for councils in still a tendency to tell things rather than to listen. dealing with the ‘national’ level of government. They are high in arrogance – they have a Some of the comments that reflected this were: command model of the world. I think the Civil Service is now more receptive to Historically there has been distrust between the local government; they know most councils have Civil Service and local government and it is too an ‘in’ with ministers and if necessary we can use early to detect if this has changed as a those ‘ins’ to exert pressure. consequence of devolution … Also there has never been a clear basis for joint working The Civil Service keeps secrets and is responsible between local government and the Civil Service. to ministers; this is the tradition in which people are steeped and those who want to give up However, most recognised that matters were power find that it is difficult to shift this. changing as the Civil Service adapted to the new political reality of post-devolution politics. One chief executive added the comment: The Civil Service is having to come to terms The Civil Service doesn’t realise the quality of with a more overtly political environment and people in local government. We are the most to deal with the scrutiny of 129 MSPs and 21 highly qualified industry in Scotland and we employ ministers within the Executive. One local most of those with public administration expertise. authority chief executive said of the Civil Service: In addition, in some services in local government, a level of contempt was shown for I think though that devolution has had a profound the Civil Service. This was apparent in the impact on the Civil Service; they are under much perception that civil servants were incapable of more scrutiny than ever; I think they have had running public services and that the real difficulty coping with ministers and the speed that expertise lay in local government: things now need to move at.

16 A new central–local relationship?

They’re hopeless! They’ve never had to deliver accompanied by a sense that local government anything on the ground. And when they try it’s could not be trusted to ‘do things properly’ or invariably a disaster, particularly with capital that the expectations of change that local projects. authorities felt devolution would bring were largely unrealistic. One senior civil servant On the Civil Service side of the ‘divide’, we commented: uncovered an equal sense of mistrust of local government. Unease was expressed about local Councils seem to have held the naive view that government’s ability to deliver public services once we got the Parliament then it would be and at the wider consequences of any failures in ‘happy families’. There will always be friction local public service delivery. Some civil servants between tiers of government. That’s life. were eager to point out that while ‘English’ or Overall, the Civil Service displayed a desire ‘Welsh’ models of central intervention in ‘failed’ to maintain central control. One non-Executive local services were not being advocated within interviewee commented of the Civil Service: Scotland, nevertheless, if any major service within a Scottish council was seen to fail, It has no real experience of the local government pressures would build for ministers to step in. environment; they have had very limited exposure The fact that such ‘worst case’ scenarios are to local government, they don’t trust local often referred to could be taken as an government because they don’t understand it. illustration of the level of mistrust of local Until the Scottish Parliament arrived the Civil government. At the same time, among the civil Service had no real feel for local politics in servants, there was a strongly held view that government. The departmental and corporate they were the real experts in policy tensions of local government were not development in Scotland: understood by the Civil Service … Devolution has hit on senior civil servants; their workload has Can they [local government] deliver modern, high increased because of the number of ministers, quality services? If they fail on any Executive parliamentary committees and the questions that priority, that will put strain on the ‘partnership’. are now asked. The political skills of the Civil We regard ourselves as superior, and with some Service is an issue. In the old days ministers justification. spent three days a week in London; there is now more exposure of the Civil Service to ministers Such attitudes were not confined to from about grade V and down. The Civil Service Edinburgh-based civil servants; one of our has not been prepared for devolution in real world London interviewees commented: terms. The Civil Service still remains preoccupied The constitutional position is certainly with reacting to ‘events dear boy, events’. problematic. I suppose it is one of life’s little As a consequence of this fragmentation, complications. there are instances where alliances are forged Such views towards devolution and in between different parts of local government and particular to local government were the Civil Service, often against other parts of

17 Devolution in Scotland

their respective organisation. For example, some beyond a certain career level unless they ‘had chief executives commented to us that, spent some years at a senior level in local whenever the Scottish Executive Education government’. Department wants a local government adviser One of the aspirations that underpinned on a panel, it seeks someone from within Scottish devolution was that a new form of Education Services not someone from the governance would be created, or, to use the corporate centre of councils. This is perceived as term adopted by many, a ‘new politics’ would one mechanism through which one part of the emerge in Scotland (Brown et al., 1998; Hassan, national government strengthens itself by 1998). However, the new Scottish governance empowering an ‘ally’ in local government. And system had to deal with the legacies of the past frequently within local government, different and their ongoing impacts. Westminster services will use their contacts with the remained a major influence not just in financial Executive to ‘protect’ themselves in the and policy terms but also as a mindset, one that interdepartmental conflict that sometimes takes did not always sit in accordance with the place within councils. aspirations of devolution. The research In all of these manoeuvres, personal contacts confirmed that ‘old politics’ remained a strong were of critical importance in guaranteeing the element in the ‘new politics’ of post-devolution required level of support from the local or Scotland. It was perhaps hardly surprising that national counterpart. What they also displayed the game played out by the Civil Service and is the then depth of mistrust between the their local government counterparts continued different levels of government – rather than in post-devolution Scotland. While the individuals – that has been institutionalised into operating environment of the game was central–local relations within Scotland. At the changing, it remained a game full of level of individuals, people know each other, contradictions. It was a game within which the they meet, agreements are made and honoured, players were linked one to another in very close and things are seen to happen on the ground. As proximity, but one within which mistrust one council chief executive noted: continued to be clearly present. However, these relationships were evolving rapidly, in large With the Civil Service it is still a case of who you measure because of devolution and the know that matters. increased level of public scrutiny that actors Many of the interviewees who commented were subject to. on the problem of trust, and the gulf between However, these aspects of continuity were the Civil Service and local government also tempered by a genuine attempt to open up the offered some possible solutions. These included: policy process and allow greater access to local more secondments of officers, in both directions; authorities, and other organisations, to policy- joint management training events; an annual making circles. Those senior officers and conference; and a combined Public Service. One members who more regularly worked with the local government interviewee suggested that Executive saw it as being much more willing to civil servants should not be able to progress engage with local government than before.

18 A new central–local relationship?

Overall, the picture painted for us by our There is a different relationship between the interviewees was one of a political Executive Scottish Parliament and the Scottish Executive. which was by no means perfect but was at least The Scottish Executive has too much influence attempting to engage more fully with local within the Parliament … There is no real government. Of more concern to most of our difference between the Scottish Parliament and local government interviewees were relations Westminster … The whips are exercising with the Civil Service. While acknowledging considerable influence within the Parliament. that the Civil Service was operating under Westminster is still calling the shots. unprecedented pressure, it was still regarded as being too slow to change and to embrace a new In the councillor survey, 48 per cent felt that more open and engaged culture. The ‘old’ the Executive had reduced the importance of central State had not gone away nor had its local government. Not surprisingly, it was only considerable influence. As Nairn (1999, p. 50) among the coalition partners that majorities noted of devolution and the search for a ‘new were to be found stating otherwise. Fifty-one politics’: per cent of Labour respondents and 50 per cent of Liberal Democrats said that the Executive Unfortunately, many of the old-time attitudes had not reduced the importance of local have been deposited alongside [the present]. government in Scotland. When questioned about the Parliament, as distinct from the The Executive and Parliament: differing Executive, there was a slightly more favourable perceptions response. Forty-three per cent of respondents felt that the Parliament had reduced the While both the Parliament and the Executive are importance of local government while 48 per interlinked and form central elements of the cent disagreed. It was only amongst governance framework of Scotland, they were Conservatives that a majority felt that the also perceived in very different terms by many Parliament had reduced the importance of local of our interviewees who tended to view the government. Parliament more favourably than they did the When asked if a ‘new politics’ had been Executive. However, while outright hostility created between the Executive and local towards the Executive was almost absent, the government, 49 per cent of respondents agreed general consensus was that the Executive, while with the statement while 36 per cent disagreed. better than the Scottish Office before it, was still Again, there was a clear party difference with 56 a centralising political force and as such per cent of Labour respondents agreeing that a attempted to dominate relations with local ‘new politics’ had been created while 53 per cent government: of SNP respondents disagreed and said that a There is a distinction made between the Scottish ‘new politics’ had not been created. However, 48 Executive and the Parliament. The Parliament is per cent of the survey respondents felt that the regarded positively; the Executive is less than Parliament was more open to local government satisfactory. than the Executive. The highest response by

19 Devolution in Scotland

party to this question was among the SNP per cent said that local government and the where 76 per cent agreed with the assertion, Scottish Parliament did not share objectives compared with only 41 per cent of Liberal while 32 per cent said that they did. Again with Democrats. respect to the Conservatives and the SNP, large Lastly, when we asked if local government majorities said that there were not shared shared the same objectives as both the Executive objectives between the Parliament and local and the Parliament and if both worked well government; 72 per cent of Conservatives and with local government we again received 63 per cent of SNP respondents took this view. confusing responses. Fifty-eight per cent of When asked how well local government respondents disagreed when asked if local worked with the Executive, 48 per cent said that government shared the same objectives as the they disagreed with the assertion that the Executive, with 29 per cent agreeing that they Executive and local government worked well did. Only among Labour respondents did more together, with only 23 per cent saying that they councillors say that there were shared objectives did work well together. Labour and Liberal than said that there were not. Forty-four per Democrats were relatively evenly split on the cent of Labour respondents replied that local issue. In the SNP and Conservative Party, large government and the Executive shared objectives majorities disagreed with the assertion that the while 38 per cent felt that they did not. Executive and local government worked well Surprisingly, among Liberal Democrats, 56 per together. When the same question was asked of cent replied that councils and the Executive did the Parliament, similar responses were not share objectives, with only 27 per cent produced. Overall, 48 per cent disagreed with saying that they did. Among Conservatives and the assertion that the Parliament and local the SNP, very strong majorities asserted that the government worked well together with 20 per Executive and local government did not share cent, a lower figure than for the Executive, the same objectives; 82 per cent of saying that they did work well together. Conservatives and 85 per cent of SNP The opinions of our survey respondents respondents adopted this view. regarding the Executive and Parliament, while When the same question was asked slightly favouring the Parliament over the regarding the Parliament, 33 per cent responded Executive, are possibly explained by the level of by saying that local government and the interference and scrutiny that many in local Parliament shared the same objectives while 50 government perceive. Seventy-eight per cent of per cent felt that they did not. Once again, responding councillors felt that the creation of Labour respondents were the only group in the Executive had increased interference in local which a majority felt that there were shared government affairs. Among Labour objectives; 48 per cent of Labour respondents respondents, 65 per cent said that the Executive said that there were shared objectives and 36 per had increased interference. Sixty-four per cent cent said that there were not. Among Liberal of respondents said that the creation of the Democrats, there was a slightly more positive Executive had resulted in an increased level of view of the Parliament than the Executive; 48 scrutiny, while the equivalent figure for the

20 A new central–local relationship?

Parliament was 69 per cent. Moreover, 59 per generated issues in terms of relations between cent of respondents said that the Parliament did the List MSPs and councils. While outright not understand local government, while only 21 conflict in these relations was largely absent, per cent felt that it did. there was, nevertheless, a significant amount of One further area of interest that emerged in tension and frustration. Two senior councillors our interviews in relation to the Parliament was argued that, despite the difficulties that List the role of List MSPs. Within the Parliament, 73 MSPs created for the council, they were ‘a price MSPs were elected from constituencies and a worth paying for improved Scottish further 56 were elected using an Additional democracy’, but this was a small minority view. Member System (AMS) based on the then eight Clearly, one factor which affected our results Euro constituencies, with each constituency was the degree to which councillors, and returning seven List MSPs. The List seats are particularly non-office-bearing councillors, allocated based on the total number of votes cast received good information about the role and for the political parties in the AMS ballot. This is actions of the Executive, the Parliament and to ensure that the composition of the Parliament indeed MSPs in local government affairs. is broadly reflective of the total votes cast for the Similarly, the role of the media in terms of parties. Among our interviewees, there was a constructing politicians’ views was raised in our very widely held view that the role that List research. Many interviewees were critical of the MSPs were playing in relation to councils was roles being played by the print and broadcast problematic. List MSPs were largely seen as a media in post-devolution Scotland. However, nuisance and an irritant as they invariably what was apparent was that, despite the raised issues with councils that the councils impacts that devolution was generating for regarded as being outwith their remit. Many central–local relations in Scotland, in many commented that List MSPs simply chased parts of the country the new processes needed headlines in local newspapers in order to raise to manage the issues had yet to fully their own and their party’s profile. Few councils materialise. reported having positive relations with their List MSPs and few said that they attempted to The capacity of local government to build positive relations with them. While all respond to devolution said that they replied to enquiries from List MSPs, very few councils provided their List The local government reorganisation of 1995/96 MSP with ongoing briefings from the council. and the ongoing processes of management This situation was partly explained by the fact ‘delayering’ reduced local government’s ‘policy that, in most instances, the List MSP was of a capacity’. Even some rather large councils now different political party than the controlling have limited policy development capacity. party within a local authority. In Labour-run Before reorganisation, the larger regions carried council areas, List MSPs tended to be from other out research and policy development, the results parties and the opposite applied in non-Labour of which were often distributed at zero cost to council areas. The tension between parties other councils. COSLA also performed valuable

21 Devolution in Scotland

policy development for local government as a Some of our interviewees argued that local whole. However, cost-cutting and the recent government had found it difficult to come to problems at COSLA (see Chapter 3 for details) terms with post-1997 and 1999 politics – it was were seen by many of our interviewees to have easier to oppose policy developments pre-1997 undermined this important role. Many than to engage in dialogue and debate, expressed some concern that the recent reforms particularly since the arrival of the Parliament. within COSLA would not help local Some within local government, we were told, government to develop better policy dialogues wanted to maintain a ‘politics of posturing’ with the Executive and Parliament. If local rather than become engaged in genuine debate government was to now support policy that might require compromise, commitment development within COSLA, rather than the and ultimately accountability. other way around, this presented a serious In the longer run, this issue of policy challenge to local government’s capacity to capacity may be one of the most formidable engage more fully in policy formulation. barriers for local government in the post- None of our 11 case study councils felt that devolution world of Scottish politics. The they had developed a clear strategy for dealing opportunity to engage in a more open and with the Parliament, although a range of specific multi-faceted policy process may be lost to issues were thought to have been well handled. many councils. To create a genuinely This was partly an issue of resourcing and participative policy process, the resourcing of partly one of coming to terms with the new the process and the actors will need to be political landscape and opportunities afforded examined. by devolution.

22 3 The impact of devolution on COSLA

Organisational survival is dependent on pursuing difficulties, many of which in turn were those values and policies which are of direct reflective of a crisis of purpose for COSLA. The importance to group members. (Jordan and key issue thrown up by these events was Maloney, 1997, p. 181) whether COSLA best represented local government by standing apart from policy- makers in order to have a free hand to criticise Introduction policy, or by building a consensual partnership The advent of the Scottish Parliament has with policy-makers to pursue common created new pressures and opportunities for objectives. This crucial issue was somewhat local government associations in Scotland. Our obscured by the financial crisis experienced by study examined the impact of devolution on COSLA in 2001. But, nevertheless, it remained a both the political local government association burning issue in the post-devolution political in Scotland – the Convention of Scottish Local context and it formed an essential backdrop to Authorities (COSLA) – and on four our research and findings. professional/managerial national associations In seeking to assess the actions of COSLA, it representing chief executives as well as chief would be difficult to dispute Keating and officers from education, housing and economic Midwinter’s comment made almost 20 years development. In this chapter, we explore the ago that: issues raised by our research in relation to … there is an absence of serious academic COSLA, and in the next we examine the general research on which to base solid arguments and issues with respect to devolution and its impact conclusions. (Keating and Midwinter, 1983, on local government professional associations. p. 102) These aspects of the study allow us to make sense of the ways in which devolution impacted Consequently, our findings are difficult to on the political and managerial/professional assess in relation to an established literature or classes within post-devolution Scotland. In past data. We hope, therefore, that they will addition, they allow us to make important form a basis for further research in this area. distinctions regarding devolution’s impact within and between the professional The Convention of Scottish Local associations themselves. Authorities (COSLA): the recent context The arrival of devolution increased the pressures on all interest groups and professional 2001 was a crisis year for COSLA. This crisis associations in Scotland. The new Parliament was complex. However, the main contributing and Executive required to be serviced and factors were: the arrival of the Parliament and policy development pressures have increased as the new policy-making process; COSLA’s a result of the capacity to turn discussion into response to this new context; and other councils’ legislation. For local government associations, in responses to this new context. These factors particular COSLA, devolution coincided with combined to make 2001, perhaps, the most severe internal political and financial difficult year since COSLA was set up in 1975.

23 Devolution in Scotland

One senior figure in Scottish local government The withdrawal posed a number of distinct said that this was the lowest moment he could challenges to COSLA. First, it was plunged into recall for the whole of Scottish local government financial crisis. The withdrawal of three since he first became involved in COSLA in the councils’ fees concurred with a number of other 1970s. revenue pressures creating a substantial In March 2001, Scotland’s largest council and shortfall in the budget. Second, the ability of one COSLA’s largest financial contributor, Glasgow local government association to represent the City Council, announced its intention, following whole of Scottish local government came into a Best Value Review, to withdraw its question among other councils across the West membership of the Convention at the end of the of Scotland who voiced sympathy for Glasgow’s 2000/01 financial year. Following the action. Third, COSLA’s raison d’être was called recommendation of the review, the Council into question and this sparked a debate on the leadership concluded that the £220,000 annual organisation’s future. membership fee did not represent best value for The polar positions in the debate were as money in the context of the Council’s ongoing follows: was COSLA’s role to develop policy in financial difficulties. Instead, the money was to partnership with the Scottish Executive and take be redirected to services for excluded children. a less aggressive stance in relation to initiatives The announcement was greeted with anger and that it disliked as the price for inclusion? Or was great cynicism by some in other Scottish its role to defend local government at all costs councils who suspected other motives. When even if this meant being excluded from the two further (but non-Labour) councils – Falkirk policy-making table? (no overall control) and Clackmannanshire Significantly, in response to this crisis, while (SNP) – also withdrew their membership, a review of COSLA’s activities was undertaken, COSLA’s continued existence became a matter it focused solely on its financial problems. The for speculation and doubt. COSLA review was finance-driven and almost While each of the three councils had its own barren regarding policy issues. Important political reasons for withdrawal, Glasgow’s was questions of principle and strategy were left the most challenging to the future shape of unexplored and unclear within the Scottish local COSLA. Glasgow saw COSLA, and the government community. consensus politics that it pursued, as being It is against this background, therefore, that incapable of delivering changes that it wanted, the impact of devolution on COSLA had to be particularly, though not exclusively, in terms of considered. Could a single local government the distribution of local government finance organisation represent effectively the whole among the 32 councils in Scotland.1 Glasgow’s range of political views contained within 32 political leadership believed that it would have councils? Or did Scotland need a number of more influence by acting unilaterally in its associations based around other themes, for dealings with the First Minister and others in example geographically based associations or the Scottish Executive than it would have via different associations representing the urban COSLA. and rural authorities? If there was to be a single

24 The impact of devolution on COSLA

national association, what would be its role vis- some satisfaction at achievements that had been à-vis the Scottish Executive? Until 1997, made through partnership working with the COSLA’s leaders had a very clear objective, Executive and some bewilderment that this role which was to oppose central government in was questioned by others: every significant way. At that time, lacking For 20 years we’d been crying out for partnership influence on government, the organisational with government. In 1999 the Parliament strategy was, largely speaking, one of delivered that possibility in Scotland. Obviously opposition and resistance. Now the question we worked hard to grasp the new opportunities. had become how best to balance genuine What on earth would the members have thought engagement with a critical edge when necessary. if we hadn’t?

That the leadership and the grassroots were COSLA’s performance since devolution pulling in different directions is well illustrated The crisis experienced by COSLA in 2001 saw by councillors’ dissatisfaction with COSLA three member councils leave and the subsequent performance. In the survey, 40 per cent thought departure of the President and the Chief that COSLA had been too close to the Scottish Executive. However, these factors are the effects, Executive in policy-making terms (a further 26 not the causes, of this crisis. COSLA’s per cent were unsure). Only 28 per cent thought difficulties were deeper in nature. that COSLA represented all councils’ interests In our survey of elected councillors, 58 per fairly and equally. Furthermore, for a leadership cent of respondents said that local government who were consciously trading their public did not share the same objectives as the Scottish campaigning edge to seek greater influence, the Executive, while COSLA was perceived by 40 fruits of their labour were not widely per cent of respondents as being too close to the recognised, with only 31 per cent of respondents Executive in policy-making terms. At the same saying that COSLA was effective at influencing time that COSLA’s strategy was to ‘pursue a Scottish Executive policy. One prominent partnership approach’ with the Scottish councillor said: Executive, only 24 per cent of respondents The Scottish Parliament has superseded COSLA; thought that the Scottish Executive understood it has taken over a lot of the roles that COSLA how local government worked. In other words, previously did. I’m in favour of COSLA being a COSLA seemed to have an identity problem. campaigning organisation. The role of COSLA is While the COSLA leadership (political and not to issue press releases saying ‘COSLA managerial) perceived the Scottish Executive as welcomes …’ every time the Scottish Executive an ally and wanted to grasp the opportunities announces something. COSLA should have more for influence and partnership offered by of a campaigning edge … I never believed devolution, grassroots membership perceived COSLA was the 33rd authority because local the Executive as threatening the traditional role government is not just about policy-making of local government. One COSLA official officers. It is about locally elected councillors and illustrated this divergence to us, expressing

25 Devolution in Scotland

to that extent the COSLA role has to move from and it was dealing directly with issues that it being a policy organisation to a representative forecast would arise as a consequence of political organisation. COSLA is not purely about devolution. This conflict had echoes in the liaison between professionals. academic literature where one commentator observed: This conundrum of organisational strategy was dismissed by the then COSLA leadership The politics of inter-governmental working at the saying simply, ‘the search for consensus gets in local level thus tends to favour the bureaucrat- the way of party politics’. However, they also professional rather than the politician. The need to argued that the nature and the subtleties of their work in a consensual way searching for common achievements meant that they could not always ground presents an attractive environment for the be heralded as such to the membership. To do full-time paid official. Politicians may lack the so might have betrayed the confidence of their motivation or co-ordinating machinery necessary partners in the Scottish Executive. to achieve direction over joint [policy]. (Stoker, According to the COSLA leadership, it was 1991, p. 87) the old-fashioned ‘yah-boo’ politics and the The relationship between the membership naivety of national policy-making in the COSLA and leadership of political organisations is one membership that stopped them seeing the value that has attracted significant academic study, of the leadership’s strategy. This stood in stark particularly in the USA. Some studies show that contrast to a committee paper submitted to the the leaders of these organisations are the most Policy and Resources Committee of a large committed and radical (Sabatier, 1992) while Labour council in February 1999 arguing that others show membership to demand more ‘COSLA’s desire to strive for political consensus radical and oppositional policies where the …. although laudable, is not necessarily in the leadership favours a consensus approach best interests of individual councils’. The same (Jordan and Maloney, 1997). paper added: Such dichotomies became evident when a In the absence of an effective and more focused more detailed analysis of the data was ‘political’ lead, it is often difficult for local undertaken. This showed that not only were government officers, operating in an officer there divisions between the COSLA leadership dominated policy process, to disagree strongly and its members, but also within the COSLA with Scottish Office officials. Even in joint membership there were wide divergences working, it is vital that the independence of local between those councillors who held senior government be maintained and its ability to positions within their own councils and those pursue its agenda safeguarded; the objectivity of who did not. The aggregate 31 per cent who COSLA should not be compromised. thought COSLA had been effective in terms of influencing national policy-making (Figure 1) Although this report was written prior to the rose to 54 per cent for council leaders and fell to 1999 elections, it was written in response to 27 per cent for councillors who held no office. COSLA’s position over the McIntosh Report,

26 The impact of devolution on COSLA

Figure 1 Percentage of councillors who think COSLA Figure 2 Percentage of councillors who think COSLA has been effective at influencing national policy by is too close to the Scottish Executive hierarchy

60 60

50 50

40 40

30 30

Percentage 20 Percentage 20

10 10

0 0

Provost Provost position position convener member convenermember Council leader/ Council leader/ Committee chair Committee chair Cabinet executive No office-bearing Cabinet executive No office-bearing Committee vice-chair Committee vice-chair

Respondent Respondent

This trend was evident throughout our This suggests that, in general, councillors survey data in relation to COSLA. The towards the bottom of the hierarchy were less councillors with no office-bearing position were satisfied with COSLA but that, when it came to generally the most negative about COSLA. By COSLA’s policy of rapprochement with the contrast, those with senior positions were Scottish Executive, significant levels of unease generally more satisfied with COSLA’s existed across all councillors. performance. This suggests that ‘commitment This indicates a parallel with another field of theory’ – where leaders are more radically research where Panebianco (1988) has written committed than others in their organisation – about political parties as hierarchical and did not apply in this case and that COSLA’s structured organisations that do not simply political and managerial leaders tended towards reflect external inequalities but create their own the bureaucratic-professional model rather than through internal imbalances of power and the radical activist. access to resources. Moreover, not only did The exception to this was over the question COSLA produce its own internal system of of whether COSLA had been too close to the inequalities through its own organisational Scottish Executive in terms of policy-making. hierarchy, it also suffered as a consequence of The results to this question showed broad inequalities within councils between office- consistency across respondent-type, with bearing and non-office-bearing members. council leaders among those most dissatisfied Individual councils briefed their elected (see Figure 2). members on COSLA activities in different ways.

27 Devolution in Scotland

Some provided regular accounts of COSLA helped COSLA to avoid further defections. For activities, while, in other councils, little formal example, Angus Council, led by an SNP discussion of COSLA occurred. Thus, it was administration, showed considerable loyalty to possible that, for many non-office-bearing COSLA against the grain of the party. Angus’s councillors who received very little information withdrawal not only would have increased about COSLA, their views reflected their own COSLA’s financial turmoil, but also would have lack of detailed knowledge about COSLA further weakened COSLA’s claim of legitimacy activities, or more probably media reporting of to represent all Scottish local government rather COSLA. One chief executive summed up the than just Labour local government. In this sense, consensus versus conflict dilemma for those the views of non-Labour politicians were politicians excluded from COSLA: important in any evaluation of COSLA’s performance. If COSLA wished to represent all I think now you need to be able to work with local government it needed the support of more people to influence them and COSLA’s approach than one political grouping. suits this. But at times this causes problems for However, when the responses to the politicians. They would perhaps prefer more fury question of COSLA’s effectiveness in in public debate at times rather than close influencing national policy-making are analysed corporate working. by political party (Figure 3), the survey showed clear differences by party. The influence of party politics Figure 3 shows 45 per cent of Labour councillors saying that COSLA had been A further dimension to councillors’ perceptions effective in influencing national policy with this of COSLA was the influence of party descending to 36 per cent among the Liberal membership. COSLA was an overtly political organisation but it has always (with greater and lesser degrees of effort and success) tried to Figure 3 Percentage of councillors who think COSLA include and represent views of all parties and has been effective at influencing national policy by political party not just those of the leading political group. This was to the perceived benefit of local 50 government but it was also traditionally seen to 40 benefit central government: 30 Central government may give directives to individual authorities and require them to submit 20 Percentage information but they will only discuss general 10 matters relating to the system through bodies representing … local structures as a whole. 0

(Chandler, 1991, p. 82) SNP Labour Lib. Dem. The importance of being seen to represent Conservative the broad range of ‘local government views’ Party

28 The impact of devolution on COSLA

Democrats (Labour’s partner in the Executive strong dislike. However, these views were tied coalition), 17 per cent among the Tories and 8 up with councils’ and councillors’ perceptions per cent among the SNP (the Scottish of what they got out of COSLA politically and Parliamentary opposition). financially. Glasgow saw the weaknesses While this divide among the parties was to outweighing the strengths in terms of the be expected, it also illustrated the fine line that a council’s self-interest, while the Angus representative organisation like COSLA had to leadership saw the benefits from being involved tread. To pursue consensus may have alienated in COSLA and, in trying to secure its continued its core Labour support, while to become too existence, as outweighing the political points to party political lessened its claim to represent all be scored by weakening COSLA. of local government. As one chief executive from a non-Labour council told us: ‘COSLA The COSLA review cannot become party dominated. It must speak for all local government. Rather than giving a Increasing concern about COSLA’s difficulties single view it should give a broad view.’ led to a cross-party Review Group being Furthermore as a council leader said: established. The Group consisted of eight councillors (including seven council leaders and Since Labour came to power COSLA does not a Conservative) and four chief executives fight as hard. There is too much ‘three bags full, selected by SOLACE. Councillor Jim McCabe, sir’. Local government has a huge workforce, Leader of North Lanarkshire Council, led the important services and huge interests but Group and Tom Aitchison, Chief Executive of apparently it can’t openly criticise the City of Edinburgh Council, was appointed as Government. To strengthen COSLA there needs Secretary. The Review Group was asked to to be more cross-party work. report on: Some politicians from non-Executive parties COSLA’s core activities; COSLA’s key work referred to COSLA as ‘the Scottish Executive’s priorities; an appropriate organisational structure little helper’, ‘a one-party state’ and questioned to deliver the above; the appropriate political its independence and ability to challenge the representative and decision making structures to Scottish Executive. This was tempered by other manage COSLA; and budget requirements to comments that recent efforts had been made to deliver the above. (COSLA, 2001) make COSLA more consensual and more inclusive. In any case, perceptions gauged by The report’s findings were critical and our research, when put against the public controversial. Perhaps understandably, but actions of councils such as Glasgow and Angus, regrettably, the primary concern of the review suggested a complicated picture. In Labour was financial. COSLA was predicting a deficit of councils, perceptions ranged from extreme £664,272 in 2001/02 rising to £940,547 in 2003/ dissatisfaction to general satisfaction and, in 04. According to the report the feeling among non-Labour councils, there was a similarly councils was: broad range of views from high commitment to

29 Devolution in Scotland

… unsympathetic … in relation to both financial collective representation. The money is not the constraints and the new operating context issue: commitment is. brought about by the creation of the Scottish The argument was that Scottish local Parliament and the Executive. It was felt that government’s response to COSLA’s crisis was COSLA was facing what all new unitary stop-gap in nature, driven by finance and authorities had had to face. There was also the perhaps resentment, rather than by principle view amongst some Councils that COSLA and strategy. The review did not consider what needed to rationalise its functions in order to COSLA was for and whether the current budget operate more effectively. (COSLA, 2001) could deliver on this. It considered simply how There was a feeling that councils had had to to bring the organisation back to a balanced tighten their belts in the past and therefore that budget by reducing costs. COSLA should share some of this pain. This was reflected in the decision that the COSLA The professional associations and COSLA levy should be increased only in line with the overall local government settlement – which COSLA was both a political and professional was insufficient to sustain COSLA’s then current association for local government. It sought to levels of operation. The message was that represent the collective interests of councils with COSLA was not different from local authorities respect to the distribution of local government and that, if it was going to represent them, then finance and it acted as the employers’ it should understand their hardship materially organisation for Scottish local government. as well as intellectually. However, as one well- While the above section focused on the placed observer remarked in his submission to politicians’ views of COSLA, this section deals the review: with the perceptions of the officials from the four professional associations that we surveyed. The current ‘crisis’ is probably less about whether The results of the four surveys with respect to organisations with a combined turnover of over COSLA produced split results and showed £6 billion can afford £600,000 for maintaining their divergent perceptions and evaluations between collective representation and more about whether the four associations. For example, while they are willing to afford it …. if Scottish local ALACHO and SLAED respondents reported government is even half serious about itself it that COSLA had been more effective than their cannot afford not to have properly resourced

Table 8 Professional association perceptions of effective routes to influence national policy (%) Their own council was more COSLA was more effective effective influencing policy influencing policy ADES 50.9 39.6 ALACHO 35.7 50.0 SLAED 20.8 29.2 SOLACE 39.3 35.7

30 The impact of devolution on COSLA

own council at influencing policy, SOLACE and (57 per cent) of SOLACE members agree with ADES members thought their own council had the proposition. This is significant for a number been more effective than COSLA (see Table 8). of reasons. First, because it suggests that This suggested perhaps that chief executives Stoker’s bureaucratic-professional model did and directors of education felt more confident not apply to Scotland’s chief executives. It that their own concerns were taken account of further suggests that chief executives were less by the corporate policy of their council and the satisfied with the status quo than their chief subsequent impact that this had had on national officer counterparts. This could be for the reason policy. Certainly, many of the directors of identified in Chapter 2, that professionals education that we spoke to were largely positive (educationalists for example) worked better in their assessment of the impact of devolution across organisational boundaries than perhaps on their service (see Chapter 4 for more details). they did with different professionals within This perhaps indicated the extent to which their respective organisations. reforms within the education sector favoured This finding also reflected the differing their interests, whereas the ALACHO and outlook of service directors concerned with SLAED results suggested that housing and ‘their service’, compared to chief executives who economic development services were more generally wanted to take a more holistic view of marginalised within councils, and that they all council services and therefore resented relied more on COSLA to pursue their collusion between COSLA and the Scottish professional interests. Executive along professional lines. In other Table 9 shows a startling difference between words, the above finding probably reflected the views of SOLACE members and the others normative judgements as to whether the on the question of whether COSLA had been too relationship between COSLA and the Scottish close to the Scottish Executive in terms of Executive was ‘too close’ and whether this policy-making. threatened the managerial objectives of each Table 9 shows that only 8 per cent of ADES group. Closeness along professional lines is members, 18 per cent of ALACO members and more likely to undermine corporate control and 24 per cent of SLAED members agreed with this this was reflected in the SOLACE opinions. statement; 40 per cent, 52 per cent and 48 per The SOLACE survey asked a number of cent respectively disagree. By contrast, over half additional questions regarding COSLA. On the negative side, only 11 per cent said COSLA had Table 9 COSLA is too close to the Scottish made best use of professional associations and Executive in terms of policy-making in your policy only 14 per cent said COSLA had protected local area (%) government from interference from the Scottish Agree Disagree Executive (50 per cent were unsure). ADES 7.7 40.4 Furthermore, 48 per cent said COSLA had not ALACHO 18.5 51.9 adapted well to post-devolution Scotland. On SLAED 23.8 47.6 the positive side, 48 per cent said COSLA SOLACE 57.1 28.6 represented all councils’ interests fairly and

31 Devolution in Scotland

equally and 57 per cent said COSLA had been nature more difficult to assess. However, put in effective at interpreting Scottish Executive terms of a crude comparison between doing it policy for councils. jointly, and doing it in isolation, all but the largest councils would have probably found it cost-effective. So, in these terms, it seemed most A future for COSLA? probable that COSLA would continue to exist Perhaps the most often repeated phrase in this and represent the majority of Scottish councils. aspect of our research was ‘If COSLA didn’t Politics – as in the cases of Clackmannanshire, exist, you would have to invent it.’ There was Falkirk and Glasgow – was of course the widespread support for COSLA, alongside unpredictable variable. However, politics would substantial criticism of the organisation as then also have to take account of financial self- constituted. interest and in that sense the case for COSLA However, there were competing views on remained strong. how COSLA might best be changed. A key There were a very few dissenting voices. As unresolved issue remained that of partnership one minister argued: in policy-making. Could there be partnership If you look at the experience of the last 20 years between it and the Scottish Executive when key there is no evidence that having a single voice actors did not see themselves as sharing the has helped local government. Local government same objectives? Was one organisation has been shafted regularly despite representation sustainable given the diversity of views and from COSLA. needs in Scottish local government? Was a unified local government association more The interviewee went on to say that in recent useful to central government than anyone else? budget settlements it was local Labour and The great majority of our respondents were Liberal Democrat MSPs who had had most in favour of the idea of a single representative effect on local government budget increases, not body. For small and moderate authorities, COSLA. Such views were corroborated by COSLA offered astounding value for money. In another MSP who asserted that, when a major 2001, 14 (44 per cent) of councils paid less than bill was passing through the Parliament, the £60,000 in levy to COSLA. Twenty councils (63 most influential body on the content of the per cent) paid less than £80,000 (COSLA, 2001). legislation was backbench MSPs, not the For these councils, this amounted to the cost of professional associations or COSLA. One MSP one senior or two junior officers. Put in these proposed that COSLA should be replaced by terms, the work COSLA provided as an three territorially based associations in the employers’ organisation alone represented North, East and West. value for money compared to what it would This proposal was raised with a number of cost any of these councils to go it alone. The other interviewees, most of whom dismissed it. value for money of other areas of COSLA It was argued that it was too simplistic to activity – the policy development work, conceive of a council’s interests being best representation and influence – was by its very shared by other councils in surrounding areas.

32 The impact of devolution on COSLA

In many areas, a council shares social, economic among non-office-bearing councillors, it was and environmental interests with a range of councils as corporate bodies that were COSLA different local authorities across the country, not members, and not individual councillors. simply its geographical neighbours. Among council leaders and senior officials, Another impact of devolution and one that criticism of COSLA was much more muted. The both helped explain COSLA’s crisis and challenge for COSLA was to maintain its policy- indicated a way forward was the new physical making relations with the Executive, as locus of institutions of power in Scotland. As preferred by senior politicians and officials, one interviewee told us regarding the recent while being seen by the broad church of negotiations over teachers’ pay: councillors as an effective campaigner on behalf of local government. To achieve this would I can’t think of a stronger symbol than 60,000 require COSLA to develop a clear strategy and teachers marching down Princes Street and up vision, both in terms of operating tactics and the Royal Mile to the Parliament. The location of also clarity in relation to the purpose of the the Parliament in the devolved Scotland gives organisation and with respect to the purpose of them far more power. local government itself. In order to develop A trade union official said similarly that the policy and to defend local government interests devolved settlement had given different required a clear line of reasoning regarding opportunities to organisations like his. what local government’s role should be in post- What these insights suggested was that the devolution Scotland. While any version of this fact of devolution, the new Parliamentary stage that COSLA may develop could, and probably and the 129 MSPs, created new ways of would, be subject to challenge by others, it was influencing Scottish politics and a whole new still incumbent upon COSLA to develop, as the set of power relationships. New opportunities collective voice of Scottish local government, its were being created for a wide range of vision for local government. To facilitate this organisations and actors, including local also required change not just within COSLA but government. The extent to which devolution also within member councils themselves. It is created the conditions of possibility for new arguable that councils, in general, required more forms of representation, campaigning and internal openness with respect to COSLA resistance would play a part in deciding the activities. Perhaps councils needed to adopt future of unified organisations like COSLA and their own versions of the ‘new politics’ which the professional associations. engaged more fully with all councillors of office- For organisations such as COSLA, some bearing and non-office-bearing backgrounds in readjustment was required given the new order to better support their collective interests political landscape. While we uncovered a vein via COSLA. of opinion that was critical of COSLA, mainly

33 4 Professional associations, devolution and the impact on public service delivery

We will build a better Scotland when we build the many councils; and economic development, as a best possible public services we can. Public relatively small-scale and voluntary service. We services that attract the efforts and the work of interviewed many of the directors and heads of our most talented. Public services that are freed service within our chosen case study authorities up to respond directly to the public they serve for these services and conducted postal and deliver quality, day in and day out. Getting it questionnaires with the professional association right first time every time. Public services that put for each service and with the Chief Executive’s people’s needs first. (Jack McConnell, MSP, on association, SOLACE. We also conducted being formally nominated as First Minister, 22 interviews with appropriate ministers, MSPs November 2001) and civil servants for these service areas. We do not go into too much detail regarding service- In carrying out our research, we also undertook level developments in this report; the specifics an analysis of the impact of devolution within a of policy change are not our prime concern. It number of local government services. We did so was necessary to examine the impact of for two principal reasons: first, to assess change devolution within specific service contexts in from a service perspective in addition to a order to better understand the impact on local corporate one and, second, to identify any government as a whole. service-level changes that had the potential to change the corporate level of local government. The principal questions we pursued with The policy context in education, housing respect to this element of the research were: and economic development

•Has devolution enhanced local Local government education differs from both government’s capacity as a key service housing and economic development services in provider within Scotland? a number of ways. It is larger, teachers form the largest local government profession, and •Are local authorities driven more by consequently it has more power within local national priorities than by locally government. However, there is a more determined priorities? fundamental difference, which arises from the •What is the future service role for local history of the service. Autonomy for the Scottish authorities? school system was one of the key aspects of the 1707 constitutional settlement. A clear In pursuing these questions, we explored the distinctiveness in education has always been impact of devolution within: education, as the closely associated with Scottish identity largest local government service; housing, as a (Paterson, 2000a). Those running education service that was undergoing considerable were quite clear to us that they were the change because of possible stock transfers by

34 Professional associations, devolution and the impact on public service delivery

custodians of something distinctively Scottish. outcomes but because you are part of the Moreover, the local authority role was not process you agree with it. When you point out to challenged nor has it been weakened, as has the Civil Service where things are not working happened elsewhere in the UK in recent years. they are willing to listen to your views. There is a The new Parliament made education a more open exchange of views across and priority, as the UK Parliament did for England between actors. and Wales. In Scotland, once the Parliament was In contrast, within local authority housing up and running, there was a flurry of educational services, while many of the directors were still policy activity. The McCrone Committee came up supportive of devolution, they were still less so with a new approach to teachers’ pay, conditions than their education counterparts. Many and professional development. The Scottish commented positively about the way in which Qualifications Authority (SQA) was modernised housing was placed more prominently on the following a chaotic issuing of exam results. The policy agenda, in particular as a consequence of Standards in Scotland’s Schools etc Act 2000 the Housing (Scotland) Act 2001. However, one changed the duty of local authorities from a reason behind their less positive opinions relates general one to one that required councils to to local authority housing finance, which was provide each child with appropriate education. ring fenced via the Housing Revenue Account Policy-making and inspection processes were (HRA) from the rest of local government separated. Inspection was broadened, to include finance. Within many Scottish councils’ HRAs, the education authority and not just schools, with there were two critically important issues to be the Inspectorate reporting to the council chief managed. First, low levels of capital investment, executive, rather than the education director. The required for either large-scale stock professional association for the directors of modernisation programmes or new-build education, ADES, was involved in developing all projects, and, second, high levels of historic debt of these changes, which may go some way that had to be paid from within the HRA and towards explaining their more positive attitudes passed on to tenants’ rents. Neither of these towards the Parliament and the Scottish issues was addressed in the Parliament’s first Executive. As one senior member of ADES said two years. Capital investment remained subject to us in an interview: to UK Treasury control, which linked the We are well connected to policy-making circles … writing off of debt associated with council It [the Scottish Executive Education Department] housing to the transfer of stock to independent is offering real partnership, it is getting more housing providers.1 One director of a local pragmatic on interpreting guidance, more authority housing department commented: involved in pre-legislative scrutiny. They now say On stock transfer for instance I hoped for less ‘how do we achieve the following?’ That is a compulsion and less inevitability but this has yet significant change. Now the Civil Service wants to to transpire. I hoped a 20-year period of under- connect policy and practice, they want to build investment in housing would be reversed; that shared understanding. You may disagree with the has not yet happened.

35 Devolution in Scotland

Within economic development, two key make Community Planning more difficult. They policy developments were most significant. argued that the LEFs should have been created First, the development of Community Planning, on the same boundaries as the 32 local which required all 32 Scottish councils to work authorities. This may well explain the less in partnership with other major public agencies positive responses to devolution made by to develop a Community Plan for the council SLAED members. area by the year 2000. The plans were to take a five- to ten-year planning period, and to attempt The professional associations and to integrate and co-ordinate public services at devolution local level through a partnership of all major public sector providers and the community. The survey of SOLACE members shows that, Local economic development was identified as a although senior officers in local government key theme in each of the Community Plans. were generally positive about the impact of The second major development for economic devolution, they, like elected councillors, also development was the formation of Local had reservations, and in some cases displaced Economic Forums (LEFs). In 1999/2000, the ambiguity and uncertainty about its effects. Parliament’s Enterprise and Lifelong Learning Only 39 per cent of SOLACE respondents Committee (ELLC) held its first enquiry on the described the Scottish Executive as an open provision of business support services. The organisation in its relations with local Scottish Parliament Enterprise and Lifelong government. However, 75 per cent said that the Learning Committee 2000 Inquiry into the Executive was more open than the pre- Delivery of Local Economic Development devolution Scottish Office. This highlighted one Services in Scotland, Final Report was critical of theme that was evident in the interviews and the then arrangements, which were said to case studies. While devolution and the creation demonstrate a large amount of duplication, of the Scottish Executive improved local waste and confusion. The Committee made a government’s world, there remained unease in number of recommendations, one of which was the relationship and certainly room for to establish a network of LEFs. The Executive improvement from local government’s point of responded positively to these recommendations view. When we asked the professional and endorsed the establishment of LEFs, issuing associations if the position of local government, guidelines for this process in 2001. The LEFs or of the respondent’s specific service, had been were set up on Local Enterprise Company (LEC) strengthened as a consequence of devolution we rather than on local government boundaries. received the responses shown in Table 10. Local authorities welcomed the thinking While there was no clear consensus among behind the LEFs, which was broadly similar to SOLACE members, housing and economic that which underpinned Community Planning. development respondents were clear that their However, our local government interviewees service had not been strengthened. However, generally felt that the decision to create the LEFs among ADES respondents, 52 per cent believed on LEC areas was a mistake, in that this would that local authority education had been

36 Professional associations, devolution and the impact on public service delivery

strengthened as a consequence of devolution. 46 per cent of SOLACE responses indicated that Ambivalence towards the Scottish Executive devolution gave local government a more also emerged from questions directed at the important role in developing national policy, the strategic relationship between central and local fact that only 21 per cent believed that the government in Scotland. While 89 per cent of Scottish Executive and local government SOLACE responses thought that the Scottish worked well together (54 per cent were unsure) Executive relied on local government to supported the view that this relationship implement its agenda, only 30 per cent thought contains tension and ambiguity. This tension that local government and the Scottish was underlined by the fact that only 18 per cent Executive shared the same objectives (see Table of SOLACE members indicated that the Scottish 11). This disjunction between the objectives Executive understood local government. pursued by central and local government Ninety-six per cent believed that the Scottish reflected similar concerns among councillors. Executive’s policy development and The results shown in Table 11 point to a consultation processes were not well co- counter-intuitive conclusion. SOLACE members ordinated. These responses indicated that there seem more sceptical about the attainment of were obstacles to be overcome if the stated aims joint objectives than the most senior council of the Executive, regarding joined-up working members do (see Chapter 2 for details). and holistic government, were to be achieved. Further evidence from the survey confirmed While the SOLACE members were the most the picture of an incomplete partnership. While negative regarding the attainment of joined-up

Table 10 Devolution has strengthened the position of local government/your service as a local service (%) Agree Disagree Unsure SOLACE 21.4 46.4 32.1 ADES 51.9 23.1 25.0 ALACHO 21.4 60.7 17.9 SLAED 8.3 75.0 16.7

Table 11 Do local government and the Scottish Executive share objectives (%)? Respondent Agree Disagree

SOLACE member 29.6 44.4 Council Leader/Convenor 53.8 46.2 Cabinet/Executive Member 45.0 35.0 Committee Chair 30.9 50.6 Committee Vice-chair 24.1 57.4 Provost 16.7 50.0 No office-bearing position 24.7 63.5 Other 16.7 69.4

37 Devolution in Scotland

policy-making, there were also strong opinions make its impact felt within the largest local expressed by housing and economic authority service with respect to ‘joining up’ its development professionals. However, the most activities with those of other public services. interesting aspect of Table 12 relates to ADES. The mainly divisional Civil Service was cited While a majority of education directors (53 per by many of our interviewees as a continuing cent) disagreed with the assertion that barrier to joined-up service delivery. One devolution had delivered a joined-up policy interviewee summarised matters: agenda, 41 per cent said that they were unsure I think changing the Civil Service is difficult. It is on this issue. This may be explained in two resisting the cross-cutting themes of ministers; it ways. Either these directors were genuinely is simply not happening at administrative level. unsure of the extent to which matters had Much of the ring-fenced money is cross cutting altered, or remained constant, in policy-making but it is administered through departments; it is terms, or it reflected the general ‘isolationist’ not cross cutting in reality. culture that existed within some education services in Scottish local government. Many local government managers, and Views on the Parliament politicians, commented on the semi- Responses to our surveys indicated that independent status of education services within attitudes to the Scottish Parliament as an councils. This was due partly to the direct link organisation were significantly different from between education departments and the those to the Scottish Executive but that they too Scottish Executive Education Department in showed some levels of ambiguity. In this Edinburgh and partly to the nature of the respect, officials displayed similar opinions to service itself – teachers are physically located councillors. within schools and are separate from the rest of The SOLACE survey responses suggested a the council for which they work, and have a more optimistic outlook, with only 11 per cent unique initial training and regulatory body. It is saying that the Scottish Parliament had reduced arguable that this physical separation helped the importance of local government. However, foster a culture of organisational separation devolution was seen to have increased within many education departments. If it was democratic accountability, with 82 per cent indeed the latter factor that explained this saying that the Scottish Parliament had result, this indicated that devolution had yet to increased scrutiny of local government.

Table 12 Devolution has provided a joined-up policy agenda? By professional association (%) Agree Disagree Unsure SOLACE 3.6 96.4 0 ADES 5.9 52.9 41.2 ALACHO 17.9 60.7 21.4 SLAED 20.8 66.7 12.5

38 Professional associations, devolution and the impact on public service delivery

In terms of the differences between the argued that these results reflected a view that Parliament and the Executive, 68 per cent of values COSLA’s campaigning role vis-à-vis the SOLACE respondents said that the Scottish Parliament over its policy-making role with the Parliament was more open to local government Executive. than the Scottish Executive. This suggests that In some ways, the ambiguity outlined above the Parliament had quickly achieved a good was prevalent in other areas of the survey degree of openness in its dealings with other responses. However, some very clear parts of the Scottish governance system. conclusions also emerged. First the ambiguity: Perhaps another reason for the result is that, while only 11 per cent of the SOLACE compared to the Scottish Executive, more than respondents thought that the Scottish twice as many respondents (39 per cent) said Parliament had weakened local government, that the Scottish Parliament understood local only 21 per cent believed that devolution had government. This was qualified, however, as strengthened it. This collection of results another 39 per cent of respondents were unsure. suggested a complex understanding of the The high level of ‘unsure’ responses perhaps relations between the Executive, the Parliament reflected the feeling of some respondents in the and local government in which local case study interviews that it was too early to government’s role was still clear. pass a definitive judgement on the impact of While the status of local government devolution and its institutions on local continued to concern SOLACE members, other government. results were more straightforward. One The data also indicated that any efforts to hundred per cent of respondents thought that forge a partnership with the Parliament in order devolution had created more capacity for to influence the Executive were in their infancy. government to focus on Scottish issues. Ninety- Only 29 per cent saw local government as the three per cent characterised the importance of Parliament’s partner in this way and only 36 per Westminster as less important. Seventy-one per cent saw the Local Government Committee as cent believed that chief officers’ contact with having been effective in carrying out its Westminster MPs had diminished. Sixty-eight functions (54 per cent were unsure). per cent thought that List and Constituency Interestingly, the SOLACE respondents’ MSPs had developed different roles in relation perceptions indicated that local government had to them and their council. The case studies enjoyed more influence over the Parliament generated considerable data, which support than the Executive. Furthermore, in terms of the these findings. In addition, 61 per cent thought Scottish Parliament, COSLA was seen as having that the role of councils as community leaders been the more effective vehicle with 52 per cent had increased since devolution. saying it had been effective, against 46 per cent Where there was consensus across the who said their own council had been effective at professional associations was in relation to the influencing the Parliament. This perhaps general impact of devolution as the key policy pointed to an interesting difference in driver within their service area. We asked all of perception regarding COSLA’s role. It could be the professional associations if the policy

39 Devolution in Scotland

agenda for their service and for local that we undertook. Among the professional government in general among SOLACE associations, there was a strong majority who members would have been the same regardless felt that central control had increased since of devolution. The responses that we received devolution. However, among ADES and SLAED (see Table 13) indicate the significant impact that respondents, 17 per cent and 22 per cent said devolution has made on the policy agenda of that centralisation had not increased. Among local government in a very short period of time. SOLACE members, some 36 per cent were While in some areas of policy, such as housing unsure on the issue (see Table 14). transfer, the policy issues predated devolution, When we raised these issues during our in most respects it has been devolution that has interviews, we asked in what ways had driven the policy agenda forward. centralisation increased and we found a fairly These findings were mirrored in many of our consistent set of opinions. Financial control by interviews. One councillor commented: the centre was highlighted. Some pointed to direct centralisation of service delivery, such as I think devolution has made a bigger difference in the inspection of social work residential than the ’97/’99 period. I think devolution was homes, while others spoke of backdoor needed to improve decision-making structures centralisation as quangos were further and processes in Scotland. empowered at local government’s expense. One One of the major fears within local chief executive commented with respect to his government circles prior to devolution was that Local Enterprise Company (LEC): the delivery of many key local government The hoped for closer relationships as a services would be centralised as a direct consequence of devolution with local partners consequence of devolution. We pursued this certainly hasn’t happened yet with the LEC. The issue both in our interviews and in the surveys

Table 13 Devolution has had no impact, policy would have been same (%) Agree Disagree Unsure

SOLACE 7.1 82.1 10.7 ADES 3.8 96.2 0 ALACHO 10.7 75.0 14.3 SLAED 12.5 70.8 16.7

Table 14 Central control has increased since devolution (%) Agree Disagree Unsure SOLACE 57.1 7.1 35.7 ADES 63.5 17.3 19.2 ALACHO 78.6 7.1 14.3 SLAED 69.6 21.7 8.7

40 Professional associations, devolution and the impact on public service delivery

LEC seems to be more self-confident since the the Executive. One interview comment that Parliament’s creation and I think the direct link to summed up many respondents’ views on this ministers helps them in this … It certainly seems issue was: to be that the LEC’s status and role has been In finance, yes, I think I would agree that the new enhanced post devolution. system will improve things; the new three-year These views were echoed in the SOLACE budgets are good but of this year’s settlement 87 survey. Fifty-seven per cent of the survey per cent of our growth money was hypothecated. respondents said that central control had This is less than satisfactory. increased since devolution as a consequence of Despite some of the concerns detailed above, Scottish Executive policy initiatives (26 per most of the respondents within the four cent), through financial mechanisms (24 per professional association surveys were positive cent) and via increased audit and inspection about the overall impact of devolution within processes (23 per cent). either local government as a whole or within When the issue of the financing of local their own service area. Among both SOLACE services was raised in our surveys we found a and ADES respondents, there was a strong mixed response from the four professional response to this question; 75 per cent of associations. While SOLACE and ADES SOLACE respondents and 84 per cent of ADES members said that the financial position of local respondents said that the general impact of government or their service had improved since devolution was positive. Among ALACHO devolution, there were large majorities within respondents the equivalent figure was 68 per housing and economic development who said cent. It was only among SLAED respondents the opposite. Among ALACHO members, 67 that less than 50 percent responded positively; per cent disagreed with the assertion that the 43 per cent said that devolution had had a finance of their service had improved since positive impact on economic development, with devolution while, among SLAED respondents, 35 per cent saying they were unsure (see Table the corresponding figure was 96 per cent (see 16). As noted above, the tenor of policy within Table 15). economic development was perceived to have While, overall, the financial situation facing favoured LECs over councils and perhaps that local government was good, many interviewees explained the responses. expressed their concerns regarding the level of Despite some concerns regarding the hypothecation of budgets that was exercised by

Table 15 The finance of local government/your service has improved since devolution (%) Agree Disagree Unsure SOLACE 53.6 38.6 17.9 ADES 73.1 19.2 7.7 ALACHO 14.8 66.7 18.5 SLAED 0 95.8 4.2

41 Devolution in Scotland

Table 16 The general impact of devolution has been positive (%) Agree Disagree Unsure

SOLACE 75.0 3.6 21.4 ADES 84.3 3.9 11.8 ALACHO 67.9 10.7 21.4 SLAED 43.5 21.7 34.8 development of devolution since 1999, among changes and it had not significantly reduced the both our interviewees and survey respondents, role of local government in the governance the general consensus was a positive one. process. In some service areas, notably Overall, devolution, most of our respondents education, the general perception was of an concluded, had improved the governance of enhanced local government role and improving Scotland. While it had not resolved all partnership with the Executive. problems, there had been some important

42 5 Conclusions

If Scotland fills us wi despair we may included the period of Labour control from 1997 Be proposin a goal that disna lie to 1999. While those from a local authority Onywhaur in history’s plan the noo, we sigh background noted that this did not mean that In vain – because we canna think in vain local government always got its way, they were And oor desire’ll hae its due effect positive in that at least they now had In the lang run … opportunities to meet with ministers and others (From, Hugh MacDiarmid, ‘Unconscious Goal of from the Scottish Executive and Parliament. The History’, quoted by Paterson, 2000b) Civil Service was marked out by many of our interviewees as still having progress to make, The above quotation from Hugh MacDiarmid in although many noted that even it had become many ways sums up the broad tenor of the more open to local authorities since the responses we gathered in carrying out our inception of devolution. A number of research. While devolution had not yet realised interviewees paid tribute to the Civil Service for all the expectations of our research participants, getting the Parliament up and running in a very it had nevertheless made significant little time. improvements in the governance of Scotland Linked to this openness were the political and may go further still in the long run. connections that many of the case study local While we recorded some minority opinions authorities enjoyed with the Executive and with in our research, there were a striking number of MSPs. Old political ties had not been lost as a respondents saying similar things throughout consequence of devolution, rather such both our interviews and surveys. In the main, connections were now made in a different we were told that devolution had significantly context and under different circumstances. improved matters by bringing national Many councils now had direct access to government closer, geographically, to local ministers, or senior MSPs, whose portfolio government. Devolution meant that ministers, covered key aspects of their responsibilities. and other MSPs, could be more easily contacted This had given some local authorities and that they could also more easily find time to unprecedented access to government. visit local authorities and listen to the issues of A further advantage that many commented concern to them. The simple geographical on was the capacity that devolution now relocation of government from London to brought to generate new legislation. While Edinburgh made a rapid and significant many local authority interviewees and survey improvement for local government in Scotland respondents noted that much of the and it also made possible improvements in Parliament’s legislative capacity had a direct other elements of central–local relations. bearing on local government, they equally In addition to being physically closer to local pointed out that while, at times, this was a government, most of our respondents also said burden it also allowed for much-needed new that the Scottish Executive was more open and legislation or the refreshing of existing willing to listen to local government than the legislation. Many pointed to specific pieces of Scottish Office prior to devolution. This also legislation, such as the Education and Training

43 Devolution in Scotland

(Scotland) Act 2000 and the Housing (Scotland) within local government. Act 2001, which would have been unlikely to Devolution had not yet delivered the ‘joining secure the necessary space on the Westminster up’ of public services that some had held out as timetable. While this means that there is greater a key aspiration. However, the immediacy of the pressure to develop policy, even those who were political landscape that devolution brought to in the minority position of opposing devolution Scotland meant that such issues could more commented positively on this outcome. Some easily be addressed. With the founding of the interviewees argued that the fact that the Parliament and the establishment of the Parliament had wanted to focus on its role as a Executive, there was now a stage upon which legislature had prevented it from being a key actors could present their case. This stage centralising force seeking to take control over was much closer to its audience and one where local services. the actors might perhaps be more inclined to Of more concern to many of our research listen. participants was the perception that while Allied to such considerations was the level devolution had not really increased of mistrust that continued to prevail between centralisation of the political agenda in Scotland different levels of government in Scotland. If neither had it reversed previous aspects of devolution was to herald a ‘new politics’ for centralisation. Many had hoped to see some Scotland it had yet fully to deliver it. While form of devolution occurring within Scotland close interpersonal relations remained a key and were disappointed that it had not yet feature of the Scottish governance process, happened. In particular, finance was unlike the situation in England where the scale highlighted as an area where centralisation of local and national government makes continued to prevail, for example in terms of the personal relations less viable and useful, the ring fencing of expenditure, but other areas institutionalising of mistrust between local and were also noted, for example in the further national government organisations continued in empowerment of quangos and Executive Scotland. Once again, much comment was agencies. generated on the need to build new processes Of equal concern to many was the continued and new links between the different levels of fragmentation in government itself, in particular government in Scotland to overcome this the way in which the Civil Service continued to situation. While personal contact will probably operate along departmental and divisional lines. always be of significance in the ‘village’ nature If devolution was intended to bring a more of Scotland’s polity, progress was clearly needed ‘joined-up’ policy agenda to Scotland, many of to build institutional relations that mirrored our respondents were still awaiting its delivery. some of the better aspects of interpersonal However, it was also noted that there were relations. those within local government who were One of the most important issues that our equally wedded to such ways of working and research raised was the need for clarity with that progress would require change not just in respect to the role of local government in post- the Civil Service and the Executive but also devolution Scotland. Devolution had not

44 Conclusions

heralded the ‘end of local government as we would produce a ‘new politics’, it had yet to free know it’, as some had feared. But neither had it itself from the ‘old politics’ of the past. This was reinvigorated local government. The difficulties as true of areas of local as of national displayed by COSLA (see Chapter 3) were government. If devolution was to produce new symptomatic of the difficulties confronting local goals and a new chapter in history, then it had government as a whole. What was to be the role to make progress on this issue more than on of local government and how should it connect anything else. to the new governance processes of post- Without attitudinal change, other levels of devolution Scotland? In practice, local change seemed less likely. However, devolution government delivers critical aspects of the had yet to solve a conundrum: can attitudes be ‘national’ welfare state and offers a convenient changed before practical and institutional vehicle for service delivery. What then was truly changes that are required to support them are ‘local’ about local government? Moreover, in an changed? What seemed to be required in era of human rights legislation, to what extent Scotland was for someone, in either the Scottish could councils vary standards of service Executive or in local government, to make the delivery in the name of local representation and first move to break the cycle of mistrust that in community aspiration? The necessary debate on turn generates other barriers to improved these issues was not under way at the time of central–local relations. While it was too early to our research. Devolution may provide an judge Scottish devolution on this issue, it was effective framework and impetus for that debate clear throughout our research that there in the longer term. remained a large degree of optimism that future The research also highlighted a need for a progress would be possible, on this and on other political culture that was more willing to engage issues, now that devolution had arrived. in such debates. While many hoped devolution

45 Notes

Chapter 1 2 Jack McConnell, MSP is the First Minster, Helen Liddle, MP is the Scottish Secretary 1 Since the fieldwork for this report was and John Reid, MP is the Northern Ireland carried out a new administration has taken Secretary. over the Scottish Executive, headed by the First Minister Jack McConnell. While many of 3 The Parliament’s Procedures Committee his administration’s early announcements conducted an enquiry into the operation of may well impact on issues raised in this the CSG Principles. The authors submitted report, they have come too late to be evidence based on this research in November considered as part of our research agenda. 2001.

2 The SNP and the Conservatives did not participate in the work of the Convention. Chapter 3

3 Fifty-eight of the 65 pre-1996 local authorities 1 Local government finance distribution in supported the work of the Convention. Scotland is processed through a COSLA committee. Glasgow City Council has argued 4 The Barnett formula does not determine the that the methods used within the distribution Parliament’s base spending, it only committee do not give the city a fair share of determines growth or reduction in the DEL in Scottish local government finance. line with growth or reduction in equivalent English spending programmes. This is done by ensuring that Scottish growth/reduction Chapter 4 follows a pro rata shift in English spending 1 Scottish Borders Council has been the first to programmes. transfer successfully its stock with 82 per cent of tenants (on a high 77 per cent turnout) Chapter 2 voting in favour of the transfer to the new housing association (The Herald, 11 December 1 The much discussed local government bill is 2001). likely to give local government in Scotland the power of ‘community well-being’ which will free up authorities to act in areas without legislative precedent.

46 Bibliography

Alexander, A. (1997) ‘Scotland’s Parliament and Fairley, J. (2000b) ‘Local government in Scottish local government: conditions for a Scotland’, in L. Dixon (ed.) Une Ecosse stable relationship’, Scottish Affairs, Spring Autonome? Grenoble: Ellug

Bogdanor, V. (1999) Devolution in the UK. HM Treasury (1999) Funding the Scottish Oxford: OUP Parliament. London: HMSO

Brown, A., McCrone, D. and Paterson, L. (1998) HM Treasury (2000) New Public Spending Plans Politics and Society in Scotland, 2nd edn. London: for 2001–2004, Prudent for a Purpose: Building Macmillan Opportunity and Security for All. London, HMSO

Chandler, J.A. (1991) Local Government Today. Hassan, G. (ed.) (1998) The New Scotland. Manchester: Manchester University Press London: Fabian Society

Consultative Steering Group (1998) Shaping Hazell, R. (ed.) (2001) The State and the Nations: Scotland’s Parliament. Edinburgh: HMSO The First Year of Devolution in the UK. Thorverton: Imprint Academic Convery, J. (2000) The Governance of Scotland, A Saltire Guide. Edinburgh: HMSO Himsworth, C.M.G. (1998) ‘New devolution: new dangers for local government’, Scottish COSLA (2001) COSLA Review 2001, a Report by Affairs, Summer the Review Group. Edinburgh: Convention of Scottish Local Authorities House of Commons (1998) The Scotland Bill: Devolution and Scotland’s Parliament. Research Devine, F. (1995) ‘Qualitative Analysis’, in D. Paper 98/1. London: HMSO Marsh and G. Stoker Theory and Methods in Political Science. London: Macmillan Jordan, G. and Maloney, W. (1997) The Protest Business? Mobilizing Campaign Groups. Fairley, J. (1998) ‘Local authority education in a Manchester: Manchester University Press democratic Scotland’, Scottish Educational Review, September Keating, M. and Midwinter, A. (1983) The Government of Scotland. Edinburgh: Mainstream Fairley, J. (1999) ‘Economic development: the Publishing Scottish Parliament and local government’, in J. McCarthy and D. Newlands (eds) Governing Kerley, R. (Chrm.) (2000) You Should Be Taking Scotland: Problems and Prospects; The Economic Part Getting Involved Making a Difference. The Impact of the Scottish Parliament. Aldershot, Report of the Renewing Local Democracy Ashgate Working Group. Edinburgh: HMSO

Fairley, J. (2000a) ‘“Layers of democracy”: Loughlin, M. (1996) Legality and Locality: The making home rule work’, in A. Wright (ed.) Role of Law in Central–Local Government Relations. Scotland, the Challenge of Devolution. Aldershot: Oxford: Clarendon Press Ashgate

47 Devolution in Scotland

Lynch, P. (2001) Scottish Government and Politics. Nairn, T. (1999) ‘A new song for Scotland: the Edinburgh: Edinburgh University Press making of the Scottish constitution’, in G. Hassan and C. Warhurst (eds) A Modernisers’ McAteer, M. and Bennett, M. (1999) ‘The Guide to Scotland: A Different Future. Edinburgh: Scottish Parliament and local government’, in G. Centre for Scottish Public Policy Hassan (ed.) The Guide to The Scottish Parliament. Edinburgh: HMSO Panebianco, A. (1988) Political Parties: Organisation and Power. Cambridge: Cambridge McAteer, M. and Mair, C. (1997) ‘Scotching the University Press myth: analysing the relations between a Scottish Parliament and Westminster’, Scottish Affairs, Paterson, L. (1994) The Autonomy of Modern Spring Scotland. Edinburgh: Edinburgh University Press

MacCormick, N. (1998) ‘The English Paterson, L. (2000a) Education and the Scottish constitution, the British State and the Scottish Parliament. Edinburgh: Dunedin Academic Press anomaly’, Scottish Affairs, special edition Paterson, L. (2000b) ‘Scottish democracy and MacCormick, N. (1999) Questioning Sovereignty. Scottish Utopias: the first year of the Scottish Oxford: OUP Parliament’, Scottish Affairs, No. 33

McIntosh, N. (Chrm.) (1999) Moving Forward: Pittock, M.G.H. (2001) Scottish Nationality. Local Government and the Scottish Parliament. The Basingstoke: Palgrave Report of the Commission on Local Rhodes, R.A.W. (1988) Beyond Westminster and Government and the Scottish Parliament. Whitehall. London: Unwin–Hyman Edinburgh: HMSO Rhodes, R.A.W. (1997) Understanding McPherson, A. and Rabb, C.D. (1988) Governing Governance. Buckingham: Open University Press Education. Edinburgh: Edinburgh University Press Sabatier, P.A. (1992) ‘Interest group membership and organization: multiple theories’, in M.P. Mair, C. (2000) ‘The Executive and local Petracca (ed.) The Politics of Interests: Interest government’, in G. Hassan (ed.) The New Scottish Groups Transformed. Boulder, CO: Westview Politics: The First Year of the Parliament and Press Beyond. Edinburgh: HMSO Scottish Affairs Committee (1998) The Operation Mair, C. and McLeod, B. (1999) ‘Financial of Multi-layer Democracy. House of Commons arrangements’, in G. Hassan (ed.) The Guide to 640. London: HMSO The Scottish Parliament. Edinburgh: HMSO Scottish Executive (1999) Memorandum of Midwinter, A. (1995) Local Government In Understanding and Supplementary Agreements Scotland – Reform or Decline. London: Macmillan between the United Kingdom Government, Scottish Midwinter, A. (1997) ‘Local government in a Ministers and the Cabinet of the National Assembly devolved Scotland’, Scottish Affairs, Winter for Wales. Edinburgh: HMSO

48 Bibliography

Scottish Executive (2001) Making a Difference for SOLACE Scotland (2000) ‘Strategic analysis of Scotland: Spending Plans for Scotland 2001/02 to local government spending need in Scotland 2003/04. Edinburgh: HMSO 2001/02–2003/04’, unpublished evidence to the Scottish Executive Scottish Office (1997) Scotland’s Parliament. Cm. 3658. Edinburgh: HMSO Stoker, G. (1991) The Politics of Local Government, 2nd edn. London: Macmillan Shephard, M., McGarvey, N. and Cavanagh, M. (2001) ‘New Scottish Parliament, new Scottish Stoker, G. (1997) ‘Local government in Britain Parliamentarians?’, The Journal of Legislative after Thatcher’, in J.E. Lane (ed.) Public Sector Studies, Vol. 7, Summer, pp. 81–106 Reform: Rationale, Trends and Problems. London: Sage Sinclair, D. (1997) ‘Local government and the Scottish Parliament’, Scottish Affairs, Spring

49 Appendix Research methods

Most of our 120 research interviews were By undertaking quantitative surveys, we conducted by a two-person team. Notes of the were able to assess a wider cross section of conversations were taken and were ‘elite’ opinions from across different Scottish subsequently transcribed as interview records. political circles regarding the impact of An interpretative difficulty that must be borne devolution on local government. Equally, we in mind when undertaking such qualitative were able to assess the perceptions of our interviews is that any assessment of change is respondents regarding the extent to which based on retrospective evaluations from the service-level reforms were being driven by interview participants themselves. While this devolutionary processes or were being driven offers some valuable and interesting insights, by factors external to devolution itself. With the in-built hermeneutic raises questions of respect to the councillors’ survey, a total of 644 interpretation and meaning. The interviews we surveys were issued and some 302 surveys were undertook encouraged the participants to reflect returned to us. This produced a response rate of on the past, the present and the future for local 47 per cent. This total represents 22 per cent of government in a devolved Scotland. We must be all Scottish councillors. The survey response cautious in assessing the comments of our was consistent between urban and rural areas of respondents regarding the past or of the Scotland, between council areas and across ongoing impact of devolution. We cannot political parties. As Table A1.1 illustrates, the guarantee that the comments they made to us political composition of Scottish local are an accurate record of their perceptions at the government was broadly reflective within our time when past events that they reflected upon councillors’ survey. Whilst both Labour and occurred. Equally, we cannot control for the Independents were slightly under-represented impact of hindsight, post hoc rationalisation of in our sample and the other three main parties events or any deliberate reinterpretation of slightly over-represented, the differences were events that our respondents made in order for not significant enough to impact on the general them to make points about current events. validity of the survey response. While the volume of our interviews and the coherence of the issues that they generated Table A1.1 Councillors’ survey response by political gives us a degree of certainty that the views we affiliation (%) have solicited have some validity, we are Scottish Survey conscious that we cannot over-generalise the councillors respondents conclusions that we draw in this report. Our Labour 45.1 36.8 approach in these interviews was, as Devine SNP 16.7 13.2 (1995, p. 138) noted of qualitative research Lib. Dem. 12.8 14.9 methods in general, to: ‘capture meaning, Conservative 8.8 13.2 process and context’.

50