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AGENDA ITEM No...8 NORTH LANARKSHIRE COUNCIL AGENDA ITEM No. ...8........ REPORT To: POLICY AND RESOURCES Subject: INQUIRY INTO BOUNDARIES, COMMITTEE VOTING AND REPRESENTATION IN SCOTLAND: THE ARBUTHNOTT COMMISSION I From: DIRECTOR OF ADMINISTRATION I I Date: 20 January2006 I Ref: JAFllL 1 I 1. Purpose of Report 1.I This report advises of the publication - and submission to the Secretary of State for Scotland and the First Minister - of the report by the Commission on Boundary Differences and Voting Systems. 2. Background 2.1 The Committee, at its meeting on 8 February 2005, noted . the establishment and remit of the Commission on Boundary Differences and Voting Systems and . the issue, by the Commission, of a consultation document and, at its meeting on 19 April 2005, homologated the Council's submission to that consultat ion. 2.2 The Commission, on 19 January 2006, published its final report which has been submitted to the Secretary of State for Scotland and the First Minister. 2.3 A summary of the recommendations of the Commission is attached. 3. Commission Report 3.1 The Commission, in its report, addresses the following issues . Boundaries - and in particular whether there are particular difficulties arising from the boundaries of the Scottish parliamentary constituencies no longer coinciding with those of the United Kingdom parliamentary constituencies; . Voting - with particular reference to the voting systems for the Scottish Parliament and any difficulties to be anticipated as a result of the variety of different voting 'systems in Scotland following the introduction of a Single Transferable Voting System to local government elections; . Representation - with particular regard to the respective roles of constituency and regional MSPs and Voter education and access to information. Arbuthnott Commission on BD&VS Report.doc 44 2 4. Boundaries 4.1 The conclusions of the Commission are that there are not particular difficulties emanating from United Kingdom parliament constituency boundaries and Scottish parliamentary constituency boundaries being different. The Commission considers it more important that the Scottish parliamentary constituency boundaries should accord with general service delivery issues and, having regard to indications the Scottish Parliament are favourably disposed to realignment of other relevant service boundaries - e.g. Health Boards - to take account of local authority boundaries, the conclusion was that Scottish Parliament constituency boundaries should relate to local authority boundaries. The rules proposed by the Commission for Scottish Parliament constituency boundaries are Every local authority in Scotland should contain at least one constituency; Every constituency should be contained wholly within one local authority area; Subject to rule 1 the constituencies in each local authority area should be such that their average electorate is as close as practicable to one-seventieth of the total electorate for Scotland; Scotland should be divided into parliamentary regions which, so far as possible, reflect natural communities; Each Scottish parliamentary region should consist of a local authority or of an aggregation of two or more local authorities, provided that no region shall contain less than five constituencies ; In a parliamentary region with eight or more constituencies, the number of regional members should be two less than the number of constituencies. In a region with between five and seven constituencies the number of regional members should be one less than the number of constituencies. 4.2 The Commission report sets out a possible structure for new constituencies and regions for the Scottish Parliament. In the case of North Lanarkshire it proposes that there be four parliamentary constituencies with average electorate of 61,252. For purpose of regions it recommends that North Lanarkshire and South Lanarkshire be linked. As it is proposed that South Lanarkshire, like North Lanarkshire, be divided into four constituencies, the number of regional members to be returned by the Lanarkshire region would be six. This would give a total representation of fourteen to the Lanarkshire region - 2.1 fewer than the theoritical entitlement and the Commission recognise that a case can be made for allotting an additional seat to a region such as North and South Lanarkshire whose component parts are close to the upper limit for the number of constituencies. 5. Voting 5.1 The Commission, having investigated alternatives to the current voting systems for the Scottish Parliament, reached the conclusion that the voting system for the Scottish Parliament should remain substantially unchanged. The sole significant change suggested is that, in voting for regional members, the party lists should be “open”- allowing a voter to choose the individual on a party list for whom the vote is to be cast - rather than the present “closed” system whereby the voter can merely select the party and the party itself selects the order of preference of candidates. 5.2 With regard to the timing of elections, the Commission noted that the consultations on the Local Government Elections Bill currently before the Scottish Parliament favour the de-coupling of local government elections from Scottish parliamentary elections with a clear preference for delaying the local government elections until May 2008. After Arbuthnon Commission on BD&VS Rqort.doc 45 3 consideration, the Commission itself concluded that the importance of strengthening local democracy and accountability and reducing voter confusion were persuasive concerns, which led the Commission to recommend de-coupling the Scottish Parliament and local government elections. The report indicates that this recommendation is particularly focused on the 2011 elections - being the elections for which the Commission would anticipate other reforms (such as the open list for regional elections) to be introduced. The Commission does, however, indicate concerns about the combined elections proposed for 2007 when a relatively new system for the Scottish Parliament election will be combined with a completely new system for local government. For that reason the Commission invite the Scottish Executive to consider the postponement of the 2007 local government elections. The Commission do not suggest for how long the elections should be postponed and do indicate that, if the Scottish Parliament and local elections are to be held on the same day in 2007, the opportunity should be taken to conduct specific research on the impact of that combination. 5.3 The Commission also recommend that introduction of the Single Transferable Voting System to elections to the European Parliament. 5.4 Finally the Commission recommend that E-counting and E-voting should be introduced as soon as possible and, in any event, before 201 1. 6. Representation 6.1 The principal issue addressed by the Commission relates to the roles of constituency and regional MSPs and the conclusions focus on a recommendation that the code of conduct for MSPs should be revised to provide a clear and positive role for both constituency and regional members. 6.2 The Commission considered the proposition that representatives who take up cases which lie outwith the responsibility of their institution damaged the line of democratic accountability and provided a poor service to constituents. The Commission rejected that conclusion and indicated the belief that there are many occasions when it is entirely appropriate for members to raise issues which are not strictly within the competence of their institution. The Commission did, however, qualify that conclusion with the exhortation that members make every attempt to make it clear to their constituents the limit of their ability to influence policies on such matters. Thus the Commission have not taken the opportunity to indicate that it would be appropriate in any case involving local government for a parliamentary representative (whether MP or MSP) to refer the matter to or necessarily involve the local Councillor. 6.3 Additionally, in investigating a more positive role for regional MSPs, the Commission states “It is critical that elected members should hold delivery bodies such as these (including local aufhorifies) to account for the services they provide and assist their constituents to engage with them. The report goes on to say “While councillors, constituency MSPs and MPs will, of course, continue to have such responsibilities, regional MSPs represent larger geographical areas and are particularly well placed to develop this role”. The accountability of local authorities should be through the elected local authority representatives and, against that background, this part of the report is not happily worded - and suggests a degree of accountability of local authorities to regional MSPs which does not appear to have a constitutional foundation. Arbuthnott Commission on BD&VS Report.doc 46 4 7. Voter Education and Access to Information 7.1 Under this heading the Commission recommend . No pupil should leave school without having had an introduction to the voting systems and the work of the Parliaments in the context of education for citizenship; . In advance of every election, information clearly describing the electoral system and voting arrangements should be provided to the electorate; After every election, information should be provided to every household which includes details of their representatives and their responsibilities. 8. Further Developments 8.1 The extent to which the Commission’s
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