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As the law outlining how councils can voluntarily merger reaches its
conclusion, opposition AMs tabled important amendments.
(Pic : Wales Online) |
The Local Government Bill outlines how the 22 local authorities can merge voluntarily in
light of the new proposed map for local government which has been
formed as part of the fallout from the Williams Commission (Back to the Future). On
Tuesday (29th September), the Bill was debated at Stage 3,
where amendments can be added by AMs.
Any voluntarily-merged
authorities will come into being by May 2018, but a second local
government law on compulsory mergers will be introduced after the
National Assembly election next year, which makes you question if
this Bill is really all that necessary.
Anyway, the content of
the Bill isn't particularly exciting in itself, but there were a
number of amendments tabled by AMs which could (have) add(ed)
significant meat to the Bill.
You can read a full list of
amendments here (pdf), but I'm going to focus on some of the more
significant ones and what AMs and the Public Services Minister,
Leighton Andrews (Lab, Rhondda), had to say.
Local Referendums
on Council Mergers
- Amendments 14, 26 and 27 – all
introduced by Shadow Local Government Minister, Janet Finch-Saunders
(Con, Aberconwy).
- Proposes that voluntary local authority mergers
be approved by a majority of voters in each merging
authority.
- Proposes the question on ballot papers : "Are you
in favour of the proposed merger between [ ] and [ ]?".
Janet argued that any changes need to be driven by
local people and communities in a way which strengthens the democratic
process. Council mergers would have a "profound effect" on
all residents involved and it's right they have a say, with Labour
placing "proud counties" under threat without consultation.
Referendums would mean mergers will have to be justified
accordingly.
Simon Thomas AM (Plaid, Mid & West Wales)
said his party accepts the point on extra consultation including in
amendment 14, but rejects the case for referendums, as we shouldn't
allow local considerations to interfere with process at a national
level – saying there was no referendum or much in the way of
consultation when the Conservatives reorganised local government in
1994-1996. He said referendums were a way of "hiding lack of
vision".
Peter Black AM (Lib Dem, South Wales West) said
referendums were the wrong way to approach it, though the Lib Dems
would support amendment 14. There was a need to draw a line between
national leadership and local determination, and the Assembly was
best placed to determine the shape of local services. Peter
criticised the Bill as "no longer necessary", adding that
the Lib Dems wouldn't support the Bill at all unless their amendments
were accepted.
The Minister said the amendments were
unnecessary, again raising the point that there were no referendums
for previous local government reorganisations in the 1970s and 1990s.
Authorities must undertake "full and comprehensive" public
consultation as set out in the Bill, so it was already delivering key
points of amendment 14. He urged AMs to vote down the referendum
amendments as there wasn't enough detail on the campaign periods,
spending limits or costings for referendums – which Leighton estimated would cost
between £100,000-£400,000 per local authority.
Amendment 14
tied in the vote 27-27, with the Deputy Presiding Officer used his
casting vote against the amendment – as is convention. Amendment 26
was rejected by 13 votes to 41 meaning Amendment 27 was rejected
too.
The Election Cycle
- Amendment 17 – introduced by
Janet Finch-Saunders AM
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Proposes that elections cannot be
cancelled/postponed under the Bill if it results in councillors
serving terms greater than 5 years in length.
One of the
carrots dangled in front of local authorities to encourage them to
merge voluntarily is that councillors will have their terms extended
until the first elections of the combined local authority – meaning
councillors will be able to pick up their allowances and salaries for
longer than they otherwise would.
Janet told the Assembly it
was crucial that councillors aren't serving more time than they were
democratically elected to do. Extending terms without facing
re-election was "an affront to democracy, public accountability
and transparency".
The Minister said that the amendment
would create uncertainty and distraction in the lead up to a
voluntary merger. He said cancelling elections was "not something
we would do lightly", but it would otherwise mean bringing
forward the merged authority to May 2017 – which was unachievable
given the timetables involved. He asked who would want to stand for
election for an authority that has less than a year left?
There
were 18 votes in favour, 27 votes against and 9 (Plaid Cymru)
abstentions, so the amendment was rejected.
The Electoral
System for Local Authorities
- Amendments 5, 13, 28, 30 and 31 –
all introduced by Peter Black AM
- Proposes the electoral system for
local government be changed to Single Transferable Vote, where voters
rank candidates in order of preference.
These are probably the
most important ones, or the amendments I was most interested in.
Peter Black AM said Leighton Andrews understands STV as he
fought an election in Gillingham in support of introducing it, adding
that it produces a fair outcome for election. Creating larger
authorities with fewer councillors should mean ensuring elections
reflect how people vote. It would lead to a more transparent, more
accountable local authority that's representative of its communities.
Simon Thomas AM offered Plaid Cymru's support
to the amendments, saying STV had been introduced with little
difficulty in Northern Ireland, the Republic of Ireland and at local
elections in Scotland. He said it was a far more effective way of
"opening up the electoral process" by ending unopposed
elections, adding that one thing that stops people standing against
incumbent councillors in rural areas was a "personal element"
which is interpreted as a grudge. Simon said STV would challenge all
parties, but they have to decide what's best for the whole nation,
and ensure every vote counts.
In response, the Minister said
Labour were elected on a platform of opposing any change to the local
government election system, and the rejection of the Alternative Vote
in a 2011 referendum reflects that voters don't want to change the
system either.
14 AMs voted in favour of Amendment 5, 40 voted
against, so all the amendments were rejected.