LGCC1

Legislation Committee No 2

Response to the Consultation on proposed Legislative Competence Order relating to community councils and councillor recruitment, retention and allowances

Community Councillor Mr Neil Stonelake, Rhymney Community Council

Dear Sir/Madam

Consultation on proposed Legislative Competence Order relating to community councils and councilor recruitment, retention and allowances

I refer to the above consultation document dated 22 July, which was passed to me for comment by Huw Lewis AM, Assembly member for Merthyr Tydfil and Rhymney.

I am a community councillor representing the Twyn Carno Ward on Rhymney Community Council.  This response is written in an individual capacity and should not be construed as representing the collective view of the community council or of its majority Labour group, of which I am a member.  I was previously a member of Rhondda Cynon Taff County Borough Council (1995-1999) and of Rhondda Borough Council from 1995 until its abolition in 1996.  I have also served as a member of the South Wales Fire Authority from 1996-2000.  I can therefore claim to a degree of experience both as a community councillor and as an elected representative at a number of levels.  I would be prepared to give oral evidence to the committee if required.

Consultation Questions:-

1. My views on the general principle that legislative competence in the areas identified in Matters 12.8-12.17 be conferred on the Assembly are that I would be strongly in favour of this on the general grounds of subsidiarity.  It makes complete sense to me that this be a devolved matter and Welsh Assembly level is the most appropriate to have competence over this.

2. I believe that the terms or scope of the proposed area are too narrow.  This view is also based on the principle of subsidiarity, and in particular the view that decisions should be based at the lowest effective level for effective decision making and service delivery.  I also believe that it is outside the purview of your committee to enter into a detailed discussion of the specific areas currently not devolved; however I would be quite happy to expand on this point if required.  Suffice to say that that I feel that for the Assembly to operate adequately as originally conceived there would need to be a shift in legislative competence on all areas not concerned with strategic planning and management of such areas requiring UK wide co-ordination.

3. My views on each of the matters contained in the proposed Order is as follows:-

• Matter 12.8 - This is an acceptable form of words subject to the proviso below;

• Matter 12.9 - I do not feel the proposed exclusions are necessary or in keeping with the principle of subsidiarity.  In particular I feel the voting system should be a devolved matter.

• Matter 12.10 - I regard this as an acceptable form of words and in keeping with subsidiarity.

• Matter 12.11 - I feel that this would appropriately be regarded as a matter that should be within the competence of an elected assembly.

• Matter 12.12 - This is an appropriate form of words and an appropriate function of an elected Assembly.

• Matter 12.13 - This is an appropriate form of words and function.

• Matter 12.14 - Responsibility for public participation in local government-it makes sense to devolve this but once again I feel it is too narrow, and should also include responsibility for elections if the overall transfer is to work effectively.

• Matter 12.15 - It makes sense to have some central co-ordination in this function and all Wales seems to me to be a sensible level at which this should operate.  I do not know why community councils are excluded from this as we would benefit from a raised profile with the public

• Matter 12.16 - This makes sense and given recent events would be a good opportunity to rationalize and systematize what has become a controversial issue and a distraction from the business of government and public administration.

• Matter 12.17 - This is an acceptable form of words.

In summary, I feel that the transfer of these areas of legislative competence are appropriate and timely; however I also feel that they are in some respects too tentative and narrow, and that for a truly effective transfer to take place competence should also be extended to those areas currently excluded from Matters 12.9 (elections and voting) and 12.14 (public participation in local government)

In particular I feel that one of the biggest challenges facing community councils in Wales is the need to raise their profiles and increase their relevance in the eyes of the public, particularly vis a vis Communities First partnerships and that the Assembly could play a useful role in this regard.

Yours Sincerely

Community Councillor Neil Stonelake

7 Middle Row
Butetown
Rhymney
NP22 5QJ
01685 842661