Local Government Bill edges towards statute book

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 (29^th 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
• 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.