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Scottish Arts Council SCOTTISH ARTS COUNCIL STUDY BY TONI GONZÀLEZ ESCENA INTERNACIONAL BCN MAY 2007 TABLE OF CONTENTS 1. CURRENT DEBATE ON IMPROVING THE SCOTTISH SYSTEM ........ 3 1.1. The New Culture Act ................................................................................................. 3 1.2. Creative Scotland ...................................................................................................... 5 2. ADMINISTRATIVE BODIES FOR CULTURE IN SCOTLAND ............... 7 3. THE SCOTTISH ARTS COUNCIL .......................................................... 8 3.1. Background and development ................................................................................. 8 3.2. Objectives, legal status and functions ................................................................... 8 3.2.1. Objectives ......................................................................................................... 8 3.2.2. Legal status ....................................................................................................... 9 3.2.3. Functions......................................................................................................... 10 3.3. Budget, funding and aid ......................................................................................... 10 3.3.1. Budget ............................................................................................................. 10 3.3.2. Multi-year aid to organisations ..................................................................... 11 3.3.3. Aid for projects and artists ............................................................................ 12 3.4. Relations with the Ministry and the Letter of Strategic Guidelines ................... 13 3.5. Structure of the SAC ............................................................................................... 13 3.5.1. The Board and Board members .................................................................... 13 3.5.2. Appointment of the Chair and Board members .......................................... 14 3.5.3. Code of Conduct for Council members ....................................................... 15 3.5.4. Executive structure and functions ............................................................... 17 3.5.5. International functions ................................................................................... 19 3.5.6. Legal services ................................................................................................. 19 3.6. The decision-making process regarding grants .................................................. 20 4. PEOPLE INTERVIEWED AND BIBLIOGRAPHY ................................ 22 1. Current Debate on Improving the Scottish System 1.1. The New Culture Act As with neighbouring Arts Councils in England and Wales, the Scottish Arts Council (SAC) is experiencing a period of reconceptualisation and change with regard to both the application of the ‘arm’s length’ principle and its powers and activities. In fact, the entire administration system for culture in Scotland is undergoing a process of in-depth restructuring. To add to the uncertainties, recent elections to the Scottish Parliament have resulted in the first ever victory of the Scottish National Party, which has begun to govern in minority. The lines along which reform will continue are yet to be seen, though the people consulted consider that the new government will not stop the changes, which they believe will continue at the same pace as before. Everything began in 2003, when the Scottish government announced its decision to carry out an in-depth study on the state of culture in Scotland (cultural review1). The arguments put forth for initiating this process were that the quinquennial analyses of the two Scottish ‘arm’s length’ organisations for the arts, the Scottish Arts Council and Scottish Screen, had revealed a lack of strategic vision and coherence in carrying out their role as facilitators of the arts. It was also emphasised that the institutions in charge of administering culture were founded before Scotland had its own political institutions2 and therefore in another era with other priorities. In April 2004 an independent commission was created to thoroughly analyse the cultural system and make recommendations to the government. The commission was asked to specifically study the concepts of "the cultural rights of Scottish citizens and creators" to redefine, based on the latter, the role of public cultural infrastructure and culture administration organisations. After more than a year’s work, the result was a thorough, extensive report, Our Next Major Enterprise, published in June 2005. The report contained 131 recommendations referring to all spheres of cultural administration in Scotland. 1 The resulting report can be considered a sort of ‘white paper’ on culture in Scotland http://www.scotland.gov.uk/Publications/2005/09/0191729/17302 2 The process of creating independent political institutions for Scotland, known as ‘devolution’, began in 1998, when the Scottish Parliament was established. Some of the most important points in this ‘cultural review’ deal with cultural rights and organisational models, and they express the will for significant changes in cultural policy orientation and the relation with organisations operating at ‘arm’s length’, including the Non-Departmental Public Bodies (NDPB), the legal form taken by British arts councils. With regard to cultural rights, the idea arises that the government must spearhead a cultural policy based on social benefit and the quality of life it generates for people, similarly to what was indicated in our study on England. The report proposes that this ‘instrumental’ policy be executed by organisations administering public funds (NDPB). It therefore recommends that the NDPBs become less independent, an aspect marking the entire reform process. In another section, it directly recommends curtailing the ‘arm’s length’ principle, and the literal justification for this is as follows: “On the basis of our consultation, in order to ensure a thriving cultural sector, we believe there is a compelling argument that creative individuals and organisations must have the right, and the role, to examine and develop public policy and public attitudes. Ultimately we felt that this is an essential freedom in a democratic society. In addition, we believe that issues of cultural quality and taste, which are often difficult, are more properly matters for the citizen and the creative community, not for the policy-maker. “We therefore endorse the majority view of our consultees. However, we share the concern expressed from several contributions that the theory of the principle is not always maintained in practice. For the principle to work effectively it needs both sides to honour it - the cultural sector and government - and we heard anecdotally of many instances where this has been breached. “We therefore recommend maintaining the principle of '‘‘arm’s length’’', with clearer, more formal and auditable agreements on the extent of the influence of the Scottish Executive, or any other public funder, over any publicly funded cultural organisation.” As a consequence, the study proposes three different organisational options for the administration of culture with a greater or lesser degree of independence in decision-making on public funds. In September 2005 this document was discussed in the Scottish Parliament, and by 2006 the government had published a preliminary response entitled "Scotland’s Culture: Scottish Executive Response on the Cultural Review."3 Finally a Draft Culture Bill4 was submitted in late 2006, and it is currently under debate in Parliament. In order to draw up all of these documents, the level of debate and participation by the cultural sectors and organisms involved has clearly been very high and the contributions made have often been taken into account. The main features of the new Culture Act are: Creation of a new cultural development body called "Creative Scotland" Direct government funding of the five national performing arts companies Obligation of local authorities to provide cultural rights and entitlements to citizens and plan culture on the local scale Reforms regarding national art collections At the same time, the government began reforms regarding the implementation of the policy of cultural entitlements5 and the process for creating new infrastructure. 1.2. Creative Scotland The Draft Bill proposes a new body for cultural development resulting from the fusion of the current Scottish Arts Council and Scottish Screen, the two bodies in charge of providing support for the arts. Creative Scotland will take charge of the different responsibilities respectively held by the current two bodies, with the following changes: It will not be responsible for funding national performing arts companies 3 The text of “Scotland's Culture” can be consulted at www.scotland.gov.uk/Publications/2006/01/18091052/0 4 The full text can be consulted at http://www.scotland.gov.uk/News/Releases/2006/12/14094529 5 One of the most remarkable reforms was the creation of the National Theatre of Scotland, the first national theatre without a headquarters, conceived to provide quality public theatre in all areas and venues of Scotland. It will gain new responsibilities over the creative industries It was insist on clearer guidelines to foster greater access to culture for the population at large It will establish new mechanisms for the relationship
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