LG 16 - Cyngor Castell-nedd Port Talbot

Proposed Local Government (Wales) Measure

Consultation Response - Neath Port Talbot C.B.C. (Saesneg yn unig)

Introduction

The National Assembly has established a Committee to consider and report on the general principles of the Proposed Local Government Measure. The Welsh Local Government Association has been invited to present evidence to this Committee and it has, in turn, invited individual organisations affected by these proposals to submit any comments, views or concerns they may have in relation to this matter.

Neath Port Talbot County Borough Council welcomes the opportunity to comment on some of the issues raised by the proposals, with particular reference to the following matters:

1. The Measure’s overall intention is to:

- create a statutory regime which better integrates long-term strategic planning and shorter term service improvement;

- amend the law better to reflect the distinctive nature and role of local government in Wales;

- build on the experience of authorities and others operating within the current regimes.

The Council fully supports the intentions described above.

2. In particular, the Measure:

- expands authorities’ duties in relation to secure improvement, in particular emphasising that enhancing local wellbeing, sustainability and social equity are as valid as improving quantified service outputs or efficiency;

Supported.

- creates a general power for authorities (including local authorities, National Parks and Fire and Rescue Authorities) to collaborate with each other to secure improvement, and a reserve power for Ministers to direct this;

Whilst the Council supports the proposal to create a general power for authorities to collaborate, the reserved power proposed for Ministers to direct collaboration gives cause for concern. How does it fit with the notion of local government? Isn't it for local determination as to whether collaboration is desirable for our local population? Given the hostility that this proposal created during the earlier consultation exercise, it is of little comfort to know that it is now emphasised that the Welsh Ministers’ power to direct collaboration is in effect a power to intervene, which will be similar to the power to intervene that the Welsh Ministers currently have under the best value legislation.

- confer more scope to use performance data to account to citizens and communities about the levels of service they are providing;

The perceived issue here is how best to encourage residents to engage with the accountability process rather than issues around the use of performance data to inform citizens about levels of service. However, the Council is not opposed to this particular intention.

- secure greater collaboration between local government auditors, regulators and inspectors so as to maximise value and minimise burdens (this largely entails placing existing best practice on a statutory basis);

The Council is of the view that the current level of audit, regulation and inspection work is placing ever greater demands on Officers and is diverting resources from the delivery of services. Any proposals which add value and reduce the burden of inspection/regulation is therefore welcomed.

- expand and clarify Ministers’ powers to support local authority improvement and to intervene where necessary;

Intervention, like the reserve powers proposed for Ministers to direct collaboration, is an issue which this Authority is not comfortable in accepting without a full understanding of the controls that will be implemented.

3. Local authorities, National Park authorities and Fire and Rescue authorities will be subject to a duty to make arrangements to secure continuous improvement in the exercise of their functions. In doing so it must have regard in particular to the need to improve the exercise of its functions in respect of seven aspects of improvement. The Measure also sets other duties for these authorities in terms of accounting for that improvement.

Having regard to the seven aspects of improvement is a new requirement. In practice, improvement is inevitably achieved by trading off the items on the list against each other. This seems an unnecessary, onerous, additional burden.

4. Welsh Ministers are provided with a power to prescribe by order factors of performance (performance indicators) against which a Welsh improvement authority’s performance will be measured. In addition Welsh Ministers may set performance standards in respect of the performance standards set by them. The Measure also gives Welsh Ministers by order the discretion to specify different performance indicators and standards for different authorities or types of authorities.

There are a number of issues in respect of these proposals, not least of which is the apparent move away from the current method of maintaining the National Performance Measurement Framework. A considerable amount of thought and effort went into developing the existing Framework and whilst it may not be considered "fit for purpose" by many, it is a valid attempt to seek comparison over time and between Authorities' performance in delivering a broad range of activities.

The case for setting national minimum standards for any local government service must be agreed by local government. Any standards so agreed must also be accompanied by the resources that will enable local councils to increase their capacity to achieve the standards agreed. This is even more important in light of the provisional settlement for local government recently announced.

We would not support widespread development of national minimum standards by the Welsh Assembly Government as we believe this would undermine the democratic accountability of locally elected members and generate a new bureaucracy which would militate against the improvement work of councils.

Community Strategies and Planning

The Council does not have any comments in respect of these particular matters.