The Institutions and other aspects of Democracy - Local Government, Assemblies


The Institutions and other aspects of Democracy

 Local Government

 “Democracy means government by discussion, but it is only effective if you can stop people talking.”   Clement Attlee 1962
            There are several levels of local government, the smallest being the Parish Council.   The next level is the District Council and then the County Council, although in some areas these two have been combined into Unitary Authorities.   There are also the Metropolitan Borough Councils.   For all these elections the areas concerned are broken down into wards and each ward elects one or more Councillors to represent the people for that particular ward.
                Before the nineteenth century, local government provided few nation-wide services: the poor law and highway maintenance (administered mainly by parishes) and the local courts and prisons (administered mainly by county quarter sessions) were the main ones.   Other local services were provided as a result of local initiative, based mainly on local Acts of Parliament.   In the nineteenth century, there was a gradual development of systematic, nation-wide provision of local government services.   Some of these were the result of initiatives by central government (such as most of the public health services) whilst others were developed by local initiatives (such as the municipal gas and electricity undertakings). Some were the result of the work of non-governmental organisations, later taken over by local government bodies (such as primary education).un and principal local authorities
As the nineteenth century progressed, the tendency to create new specialised agencies for each new service was replaced by a tendency to concentrate services, especially after the creation of county councils in 1888 and county district councils in 1894.   At the same time, central government recognised increasingly the need to ensure uniform national standards and created the methods to do so, by guidance, conditional grants, inspectorate, appeals, systems and default powers.   At the beginning of the twentieth century we appeared to be in a golden age of local democracy and accountability.   The Labour writer Sydney Webb described the scenario as follows:
The Individualist Town Councillor will walk along the municipal pavement, lit by the municipal gas and cleansed by municipal brooms with municipal water, and seeing by the municipal clock in the municipal market that he is too early to greet his children coming from the municipal school, will use the national telegraph system to tell them not to walk through the municipal park but to come by the municipal tramway, to meet him in the municipal reading room, by the municipal art gallery, museum and library..
It was not to last.   The rivalry between Central and Local government would soon raise its ugly head.  
The introduction of more and more local services was counterbalanced by the transfer of some services to central government (for example, prisons (1872), trunk roads (1930), gas and electricity (1947) and hospitals (1948)).   In 1929, the abolition of the Boards of Guardians consolidated local government services, in large towns, county borough councils and, in London and the metropolitan counties, the London County Council and metropolitan boroughs.   Outside these areas the abolition of the Boards of Guardians consolidated local government services for county councils to county district councils and (in rural districts) parish councils and meetings.
Elected councils governed in the big cities with subordinate urban councils, County Councils controlled local areas with subordinate rural districts.   These bodies between them were responsible for education, social services, planning and development amongst a host of other matters.   They levied their own property taxes (rates) and received money from central government.   In 1958 the monies received from the centre took the form of a block grant and were meant to equalise the income of the poorer authorities with the wealthier ones.   There was an annual settlement between central government and local government on the level of expenditure.
  A sample survey of 4,000 councillors undertaken in 1964 for the Maud Committee found that councillors did not constitute a fair cross section of the community.   Only 12% were women, and the average age of all councillors was 55 years.   Of male councillors, 20% were retired, whereas only 5% were under 35 years.   They tended to be immobile; two thirds lived within the area they represented for over 25 years.   Certain categories of occupation predominated – employers, managers, professional workers and farmers – because these can adjust their hours of work to fit in with council business.
   The Local Government Acts of 1888 and 1894 had been based on two basic principles: local democracy and the separate government of towns and rural areas.   By 1972, as regards the first principle the degree of participation was disappointing.   Only a third of the electorate troubled to vote, and in the counties and rural districts over one-half of the councillors were returned unopposed.   Attempts were made to combat this apathy by the creation of a local ombudsman and provision for the public and press to have access to committee meetings of local authorities (Local Government Act, 1972)
   In 1972 Peter Walker MP the Minister for Local Government was determined to redraw the map of local government.   Big is best” became the slogan for local government reorganisation.
   In place of a Royal Commission recommendation of single-tier authorities, each uniting a city and its hinterland, Walker set up two tiers on a fairly uniform pattern across the country, adopting the London pattern for the conurbations and a system with stronger county authorities for the rest of the country; Conservative strength in the shires ensured that Walker would be receptive to the case for continuing with county councils, even though there were some fierce battles over boundaries and mergers. "The Winds of Change" by J.Ramsden
                This two-tier system causes considerable confusion with the electorate.   Most of them are unsure as to which tier is responsible for what.   A number of authorities have moved to a unitary system.   The London pattern changed with the abolition of the Greater London Council but now there is a Mayor for London and a London Assembly as well as London Borough Councils.
                In the 1970s and 1980s a battle developed between central government and local government about the level of expenditure and the amount central government would finance.   The Conservative government of Margaret Thatcher was in a continuous argument with local authorities such as Liverpool, which were mainly Labour controlled, over their level of expenditure and rising levels of debt.   From 1984 onwards rates were effectively capped, thus putting a limit on the level of expenditure.   Central government took more and more control.    Simon Jenkins quotes Michael Heseltine in his book Big Bang Localism as saying: “Elected bodies look too much to the past and too exclusively to the aspirations of the existing population…. We took their powers away from them because they were making such a mess of it.”   Heseltine went on to say that the new Urban Development Corporations would be “free of the inevitable delays of the democratic process.”  
                At the end of the 1980s Prime Minister Margaret Thatcher proposed to abolish the “rates” and introduce a “poll” tax.   The proposal was met with riots and demonstrations, the worst of which took place in Trafalgar Square in London.   The aim of the tax was to increase local accountability for local expenditure.   It brought into the tax net many people who had previously been exempt from the rates.   Rates were a property based tax whereas the poll tax was based on individual householders.
                In 1990 Mrs. Thatcher was replaced as Leader of the Conservative Party and Prime Minister by John Major.   Many believe that it was the unpopular poll tax, which brought about her demise.   On taking office John Major immediately amended the poll tax with exclusions, rebates, subsidies and safety nets to mitigate its effect, but in doing so he reduced the democratic accountability for the tax.   By the time the poll tax was replaced in 1993 by a banded property tax the proportion of local spending met by the local authorities themselves had decreased from 55% to 20% and the discretion of local councils to spend money as they wished was down to negligible amounts.
                Local democracy suffered a massive decline during the course of the 20th century.   Take London as an example.   In 1900 there were 12,000 elected officials running the public services.   In the 1940s Prime Minister Attlee halved this number when the Labour Government centralised health, social services and public utilities.   In the 1980s and 1990s the Conservative Governments continued with this trend so that by 1997 there were only 2,000 elected officials running London.   However the number of officials did not drop in total.   10,000 unelected officials also running London in addition to the elected ones made up the difference.   The unelected officials sat on new boards and Quangos. (Quasi government organisations).   Because these officials were appointed democratic accountability was drastically diminished.
                At the local level democracy in the United Kingdom differs considerably from that found in other countries in the developed world.   There are approximately 23,000 elected local government officials in the United Kingdom.   This does not include parish councillors for they have effectively no executive authority.   Compare this with other countries:
                In his book Big Bang Localism Simon Jenkins points out that in 1997 the United Kingdom had 2,605 electors for each elected official.   Sweden had 667, Germany 250, and France 116.   It is often said that we have too many politicians, but the reality is that compared with other countries we have too few.   You might think that in these other countries the people would be bored with politics and not to turn out to vote in local elections.   Not so.   Turnout in local elections in Sweden was 80%, Germany 70% and France 60%.   In the United Kingdom it was a miserable 35%.
                "Meanwhile Britain’s local councillors are outnumbered three-to-one by 60,000 unelected people serving on roughly 5,200 local quangos.   To them are ascribed functions that may be local but are no longer under local democracy, such as the health service, housing, prisons, training and economic development.   There are a further 35,000 unelected magistrates, 345,000 school governors and 30,500 members of centrally appointed quangos.   Government patronage – exclusively from the centre – dwarfs the elected sector.   The impact of this evolution is specific.   While elected councillors divide their time 17 hours with the public to 8 hours with officials, quango members do the opposite, 4 hours with the public to 11 hours with officials.   This is the extent of Britain’s “democratic deficit”."Big Bang Localism" by S. Jenkins    
                The Single Transferable Vote (STV) was introduced for elections to local authorities in Scotland from 2007.   By this system of proportional representation the vote of every elector counts, which gives every elector an incentive to participate in the electoral process.   This is a good and sensible step forward and should be followed in the rest of the United Kingdom.
                In a report on local government in The Guardian in April 2004 it stated that “The average age of elected members in England and Wales is 57, with only 14% under 45.   In Scotland the average age is 55.   Perhaps if there were greater powers in local authorities these average ages would come down so that Councillors were more representative of the country as a whole.
                There is a never-ending conflict between central government and local government.   Both claim to have a democratic mandate and both claim to know what is best for the people.   Local government wants to provide the relevant services for their locality and to prioritise them.   Central government wants to retain financial control and to ensure that national standards are met.   After all, 80% of local government finance is now provided by central government.   The bulk of the expenditure is on education.   Take education out of the equation and local government could be self-financing, itself raising the money that it spends.   In such a scenario there is a strong case for as much power as possible to be transferred from central government to local government and in order most closely to meet the wishes of the people that power should be devolved to the lowest level of local government as possible.   Democratic accountability would then ensure that those responsible for raising the moneys locally were also accountable for the way those monies were spent.   As far as education is concerned the money central government spends could go directly to the schools and the expenditure in the schools controlled by elected governors.   The responsibility of the governors would be to meet national standards set by the government.   By these measures the aims and objectives of both local and national government could be reconciled and there aims and objects clearly delineated.
                Power should be devolved from central government and the higher levels of local government to the lowest practical local level.   Education should be financed by central government.   All the expenditure of local government should be financed out of taxes raised by local government subject to an adjustment for special needs financed by central government.
                Devolving power carries with it a greater responsibility on the citizen to participate, so when power is devolved:
                Local citizens should be left in no doubt that their system of government is going to change.   The change will involve them taking greater responsibility for their environment and services.   They must be left with no excuses if they refuse to participate.   Localism tends to involve, most immediately and controversially, variations in local taxes.   Such variations concentrate the democratic mind.   That is the franchise biting.   That is what drives people to vote. "Big Bang Localism" by S. Jenkins


GREATER LONDON

                Major aspects of government have been devolved in Northern Ireland, Wales and Scotland.   In England the only major region with similar major devolved government is London.
The system used for the election of the Mayor of Greater London is the Supplementary Vote (SV) system.   Under this system, each voter has two choices and they cast an X vote for their first choice in one column on the ballot paper and an X vote for their second choice in another column.   If no candidate polls 50% of first preferences, all but the top two are eliminated and the second votes of the eliminated candidates are transferred, provided that they are for one of the two remaining candidates.
                One of the most notable aspects of the mayoral election in 2004 was the high number of rejected votes.   56,862 (2.96%) of the first choice votes were rejected and 329,090 (17.14%) of the second choice votes were rejected.
                A number of different errors amounted to a massive number of wasted votes and suggests that the system needs to be changed.
                To complicate matters the system used to elect the Greater London Assembly is the Additional Member System (AMS).   There are 14 single member constituencies decided by First-Past-The-Post.   There are then 11 London wide members who are chosen so that each Party has a number of Assembly members in proportion to their share of the London-wide vote.   Voters are supposed to cast two votes, one for the constituency candidate and another for the London-wide list.   There was however an artificial threshold which required Parties winning list seats to have at least 5% of the London list vote.
                In the 2004 Assembly elections we also saw a high number of rejected votes.   In the constituency vote 118,535 (6.17%) of the votes were rejected and for the London wide vote 48,536 (2.53%) of the votes were rejected.
                This is scandalous and it is quite clear that the way these ballots were conducted was very poor, both confusing in the way the ballots were described and faulty in the way the votes were counted.   The design of the ballot papers should be looked at and improved.   To use different methods of voting systems on the same day in different ballots is asking for trouble.   It makes a mockery of democracy where every vote should count.   Clarity of the voting system is essential in any democracy.
CITY OF LONDON

                The City of London is the oldest governing body in Britain, with 25 wards dating back to Saxon times and a 112 member elected common council.   It has a unique political status, a legacy of its uninterrupted integrity as a corporate city since the Anglo Saxon period and its singular relationship with the crown.   Historically its system of government was not unusual, but unlike the rest of the country it was not reformed by the Municipal Reform Act of 1835.
In 2002 the electorate was changed and 16,000 new business voters created.
The City’s electoral system follows very few of the usual forms and standards of democracy. Most of its voters are representatives of businesses and other bodies which occupy premises in the City.   Its ancient wards also have very unequal numbers of voters.   The principal justification put forward for the non-resident vote is that approximately 450,000 non-residents constitute the city's day-time population and use most of its services, far outnumbering the City's residents, who are only about 9,200.   So what?   Nevertheless, the system has long been the cause of controversy.   The business vote was abolished in all other United Kingdom local authority elections in 1969 and was retained only in the City of London.   Abolition of the business vote was a step forward for democracy; retention in the City of London was a setback, but an indication that wealth and influence can still pull the strings.
A private Act of Parliament in 2002 reformed the voting system for electing Members to the Corporation of London and received the Royal Assent on 7 November 2002. Under the new system, the number of non-resident voters has doubled from 16,000 to 32,000. Previously disenfranchised firms (and other organisations) are now entitled to nominate voters, in addition to those already represented and all such bodies are now required to choose their voters in a representative fashion.
Bodies employing fewer than ten people may appoint one voter, those employing ten to fifty people may appoint one voter for every five employees; those employing more than fifty people may appoint ten voters and one additional voter for each fifty employees beyond the first fifty.  This pyramid form of democracy is a distortion of democracy.
The Act also removed some anomalies, which had developed over time within the City's system, which had been unchanged since the 1850s.
                Under the changes brought in, the big City and foreign banks will be able to dominate the electoral process by being able to appoint up to 70 voters each to represent their company.    There is no requirement by companies for direct elections in the workplace to choose the new voters that will represent them.
                Aldermen and members of the City’s common council are often elected unopposed in many wards because partnerships, mainly of older law and accountancy firms, can dominate the electorate.  
                The present system is widely seen as undemocratic, but adopting a more conventional system would place the 9,200 actual residents of the City of London in control of the local planning and other functions of a major financial capital which provides most of its services to hundreds of thousands of non-residents.   As they are the residents they should form the electorate.   Some would argue that this issue illustrates the complexities and problems of democracy, but the principle of each vote having equal value should not be compromised.   Wealth should not be allowed to buy votes.   That is why the business vote was abolished elsewhere and is why the business vote should be abolished in the City of London.
Proposals to annex the City of London to one of the neighbouring boroughs, possibly the City of Westminster, have not widely been taken seriously.  However, one proposal floated as a possible further reform is to allow those who work in the City to each have a direct individual vote, rather than businesses being represented by appointed voters.   This latter would be an improvement but it is unsatisfactory and does not meet the principle objection, which is that the residents of the City cannot control their own affairs.
The City has gone backwards in time by resurrecting wealth and influence into the democratic process, but in doing so it has made itself totally undemocratic.   Because there were so few residents in the City of London they could possibly have a big influence on what is done in the City.   It demonstrates that even in the present day the power of wealth and money talks.   The system should be abolished and genuine democracy introduced.   If the objection is that the electorate is too small then the City should be amalgamated with a neighbouring borough or split up.

For all electoral purposes the City of London should be amalgamated with the City of Westminster.  

REGIONS

               The United Kingdom is divided up into 12 Regions.   They were originally introduced to bring the United Kingdom in to line with the rest of Europe.   The European Union is divided into Regions.   At present within the United Kingdom the Regions are run by Regional Development Agencies.   They have a pivotal role in influencing policies in transport, environment, land use planning, and house building requirements, waste disposal and economic development.
                There is a European Union Committee of the Regions on which the United Kingdom has 24 nominated representatives and there is a European Union Economic & Social Committee also with 24 representatives.
                The Labour Government wanted the 12 regions of the United Kingdom to have elected regional assemblies.   The campaign for these was lead by the Deputy Prime Minister, John Prescott MP.   To promote the cause the Government launched a consultation exercise in three regions in the North comprising 14 million people.   A derisory 3,329 people responded positively to the idea.   To everyone’s astonishment John Prescott thought that there was an overwhelming case for a referendum on the matter.   The North-East was thought to be most in favour of regional government, so a referendum was held there on 4 November 2004.   The electors were asked the question “Should there be an elected regional assembly for the North East region”?
                In a turnout of 48% on an all postal ballot 197,310 were in favour of a Regional assembly and 696,519 opposed one.   The defeat was all the more emphatic because the NorthEast was carefully chosen as the Region most likely to embrace devolution.   Had it been successful, referendums would have followed in Humberside, the NorthWest and Yorkshire.   These were abandoned.   The people thought the regions were too remote for them to be a democratic unit.
                Nevertheless there is still a problem; the Regional Development Agencies spend some £2.9 billion per annum on housing, planning, education, transport, health and economic development.   People appointed to them, mainly consisting of elected local government councillors run them, but these people are unaccountable for their actions to the people.   Democracy is nonexistent.
                The Regional Development Agencies should be abolished and their functions transferred to local Councils.  
                By transferring the functions of the Regional Development Agencies to local councils, Councillors would be democratically accountable for the way in which the functions are handled.

Shires and Districts
                The methods chosen for elections at Shire and District level vary considerably, but mainly they are based on the First Past the Post system of election.   Like with the House of Commons this produces much distorted results.   In the 2006 local elections in the London Borough of Newham, Labour with 41.8% of the vote got 90% of the seats.   At a National level, in the 2002 local elections the Conservative Party got 72.2% of the seats with only 43.9% of the votes.   It is one of the scandals of local politics and no doubt contributes to the reason why turnout in local elections is so low.
                This is clearly wrong and produces wholly unrepresentative local government.   In future:
                Local government elections should be conducted under the Single Transferable Vote system of proportional representation with three members in each ward.

Assemblies

 

“Democracy is a pathetic belief in the collective wisdom of individual ignorance.”

H. L.Mencken.   Mencken was an American historian of language.

 

WELSH

 

                After the 1997 General Election, the new Labour Government argued that an Assembly would be more democratically accountable than the Welsh Office (set up in 1964). The Welsh Office was a government department controlled by a Minister of the Government who was answerable to the House of Commons.   As the Prime Minister appointed the Minister he was only ultimately only accountable to the Prime Minister.   Members of the assembly would be directly accountable to the Welsh electorate.  

A referendum was held on 18th September 1997 in which voters approved the creation of the National Assembly for Wales by a majority of just 6,721 votes on a low turnout of 50.1%.   559,419 voted in favour of an Assembly with 552,698 voting against.   There was clearly no great enthusiasm for an Assembly.   In an earlier referendum in 1979 the people voted against one.

In spite of the low turnout, the Government of Wales Act 1998 was passed by Parliament, establishing the Assembly.   Most of the powers of the Welsh Office and Secretary of State for Wales were transferred to the Assembly.   When first created, the Assembly had no powers to initiate primary legislation; however, following the passing of the Government of Wales Act 2006, the Assembly now has powers to legislate in some areas, though still subject to the veto of the Secretary of State or Parliament.

                The Welsh Assembly Government is responsible for most of the issues of day-to-day concern to the people of Wales, including the economy, health, education, and local government.

                In Wales, as in England, local authorities set the rate of Council tax, but since the Assembly largely determines the level of grants to local councils, it can influence the level of local taxation indirectly.   It also has some discretion over charges for government services. Notable examples where this discretion has been used to create significant differences from other areas in the UK include:

1.       Charges for NHS prescriptions in Wales — these have now been abolished.

2.       Charges for University Tuition — is different for Welsh resident students studying at Welsh Universities, compared with students from or studying elsewhere in the UK.

3.       Charging for Residential Care — In Wales there is a flat rate of contribution towards the cost of nursing care, (roughly comparable to the highest level of English Contribution) for those who require residential care.

The National Assembly for Wales comprises 60 members, who are known as Assembly Members, or AMs.   Members are elected for four-year terms under an additional members system, where 40 AMs represent geographical constituencies elected by the First past the Post system and 20 AMs from five electoral regions using the d’Hondt method of proportional representation.   An Assembly Member is paid just over £50,000 per annum.

The Welsh Assembly has no taxation powers and, in effect, ensures a minimum of democratic control over the allocation of a centrally determined and allocated block of expenditure which had previously been administered by the Welsh Office.

                The National Assembly has created a strange anomaly.   It can pass primary legislation for a part of the United Kingdom and such legislation does not go through either the House of Commons or the House of Lords, unlike legislation for England.

In addition Wales is over represented at Westminster.   This should now be remedied.   If all the constituencies in the United Kingdom had an equal number of voters the number of Welsh MPs would drop from 40 to 33.   The average size of a constituency in 2005 in England was 70,154.   The average size of a Welsh constituency was 55,616.   If Wales were put on a par with England, it would have 33 seats, 2 below its current legal minimum of 35 seats.    

 Wales should have the same number of MPs proportionate to its population as the rest of the United Kingdom

The people of the United Kingdom should have votes of equal value.   What appears to have been created is a “West Cardiff” problem similar to the “West Lothian” question in Scotland.   The question is “Why should a Welsh MP in Westminster have the right to vote on matters affecting England but English MPs have no right to vote on matters affecting Wales?

 



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