Ciarán Lynch TD Labour Party Spokesperson Housing & Local Government 9 th September 2010

1. ‘LOCAL GOVERNMENT FOR THE FUTURE’ AMAI 97th Annual Conference Ciarán Lynch TD Labour Party Spokesperson Housing & Local Government 9th September 2010

2. Where Stands Local Government ? • ‘…. local government in Ireland has rarely been accorded a status commensurate with its democratic mandate or been accepted fully as a valid partner in the process of government.’ Mark Callanan, Local Government in Ireland – Inside Out, 2003. • Surely it would be an unacceptable situation for the public to elect 166 TD’s to the Dáil and then have an offical appointed to run the country. So why is it acceptable to elect 1,678 people to local government and then not allow them to run local government? • Local Government should be about expressing local priorities by those elected with a broad range of powers in decision making. • If not, why call it local government?

3. Key Considerations • Structures and Systems • Reform is no guarantee that things will improve (HSE model) • Impression of Reform – ‘New Magistrates’ Quango’s & Boards unaccountable to the electorate – Stewart & Davis (1994)

4. Green & White Paper ……..and then along came….. The McCarthy Report & Local Gov. Efficency Review Group • ‘…… proposed the gradual merging of national and local administration and the phasing out of locally elected representatives’ Department of Local Government and Public Health Memorandum 1934 • Local Government has and still is undergoing a case of constructive dismissal

5. Reform - Two key questions • Who are the major contributors to the reform debate? • Who ultimately should be the major beneficiary of reform?

6. Key Contributors to the debate • Public Representatives – At all levels • Civil/Public Servants • Government Departments • Academics • Public? Their views on ‘reform’, often conflicting, set the context and the content of the debate.

7. Examples of conflict • Division of power between the Representative and the Executive • The ‘competing’ factors between local and national representatives (particularly following the abolition of the dual mandate). • Dept of EHHLG and individual Local Authorities, City and County Managers, Council Staff along with all these group’s individual representative organisations. • The reform objectives of the representative organisations of local authority members (ACCC, AMAI & LAMA) • All of the above and other gov dept’s in relation to new structures and tranfers of powers arising out of reform.

8. Culture of Local Government • Cultural is determined by the division and balance of power • Often it is a case of the Manager and his/her officials are the ‘Local Government’. With the Councillors functioning in the chamber as the ‘Opposition’ The net result of Ireland’s unique culture/approach to Local Governance is that; • The quality of local services is seen as poor and unaccountable • The citizen finds it difficult to get access to the real decision makers • The system(s) by which Ireland provides local services are excessively bureaucratic, • confused and costly • Political responsibility can be avoided and is often opportunistic

9. Local Governance/Democracy What is the price of local democracy? • €6M! - The price of abolishing Town Councils • The Citizen (Political) versus the Consumer (Economic) • Greater Participation creates Greater Efficiency through Greater Responsiveness Ernst & Young Report 2009 • Showing overruns of €6M on individual projects under the control of the executive arm of local government were not unusual! • The reduction of local government is in reality a reduction of local democracy!

10. The major beneficiary of reform? • Reforming local government should improve local services • Provide a better quality of representation • Improve the range and efficiencies of local and national gov. • Allowing for better information, recourse and participation • Active Citizenship

11. Where do we start? • Something or somebody has got to give! • Reform should not be confused with reductionism • Efficiency needs to defined • Dysfunctional Systems are not always Dysfunctional Structures • Reform needs to be an ongoing process not a ‘Big Bang’ approach • Reform can not be confined to just one level of government

12. Decentralisation and Devolution • Centralisation has weakened local democracy and overburdens central government with its limited resources. • Central Government’s role should be of that of laying out and determining the framework of Local Government in broad policy terms and not being overly prescriptive and rigid by micro managing local operations. • Local Government is not just about providing local services. It is also about local democracy with the public choosing how they wish to be governed and setting their own agenda • The development of a proper functioning system of local government in Ireland is dependent on the devolution of centralised functioning powers to local government. • In summary, local government must mean local governance by those the public choose to elect.

13. The Efficiency Question? • clear dependency between national and local government • collaboration will compliment each other in terms of setting national policy and providing a framework for local action • local government can promote efficiency by identifying solutions relevant to local problems and conditions

14. Labour Local Government Manifestos New Councils – Labour’s Plan to Reform and Remap Local Government (2004) -Political & Participative Democracy Model • ‘Ireland has the weakest system of Local Government in the European Union. Ireland puts a lower proportion of its public spending through local authorities than any other European country. Local Government in Ireland performs a more limited range of functions than anywhere else in the EU, and with the exception of the UK we have the smallest number of local authorities per capita.’

15. Labour Local Government Manifestos Getting Communities Working (2009) -Economic & Collaborative Democracy Model • ‘In this economic crisis, leadership is vital. At national, and at local government level, we need decisive and imaginative action to stem job losses and to get our economy moving again. And we need a new, more democratic citizenship, based on fairness and respect. To succeed, we must act together, as a community. The burden of getting our country back on its feet must be shared fairly, with everyone contributing according to their ability to do so.’

16. Summary of Labour Local Government Policy • The widening of the functions of Local Government can not be achieved under current structures • The starting point in devising new structures of Local Government is the individual citizen, and the community in which he/she lives • Real decentralisation requires the devolution of functions to regional and local level • There should be two levels of Local Government: Regional Authorities, which would include City Authorities for the larger cities, and Local Authorities, which would include County and rating and non rating Town Councils

17. A major devolution of Government functions from national to Regional and Local levels, and new structures of Local Government should be developed to ensure democratic management of these services City and Regional Authorities should have responsibility for matters such as; • Implementation of the National Spatial Strategy • Transport and Traffic • Economic development including Employment Services • Health Strategic Planning • A democratically decided Regional or City Plan would replace the SPG model which are now handed down by the Department. • SPC’s would accommodate the inclusion of Oireachtas members to ensure a more collaborative model of governance

18. Devolving Local Governance • Local Authorities would be given, in addition to their existing core responsibilities, a new range of devolved functions together with the finance and resources needed to carry out these new roles. • City Authorities need to be established for the other larger cities in the country, and/or Regional Authorities need to be established for different regions of the country e.g. for the South East or Mid West. • The distinction and status between County Councils and the Town Councils should be reviewed and rebalanced.

19. Where an issue arises regarding a town council seeking rating status or dispute arises over the inclusion of an area in a council, the issue could be resolved either by plebiscite of the voters in that area or by recommendation of the Local Government Commission (Local Government Act, 2001) • Government departments and State Agency should be examined to identify those functions which would be performed more effectively and appropriately at a local level. • Councils should have the power to seek reports from service providers on a similar basis to Oireachtas Committees, and to question, in public, the appropriate managers on aspects of their service.

20. Power and Authority • Powers and authority of Regional & Local councils should come from the people. This means that the will of the elected representatives of the people should, subject to law, take precedence in the conduct of the council’s business. • The position of County Manager should be abolished and replaced by a Chief Executive of the Council. • Chief Executives should exercise a limited range of Executive Functions, similar to those which were originally intended in the City and County management Acts. • Chief Executives should have no policy making functions other than to assist and advise the elected Council in the making of policy

21. The power of the Minister to abolish a Council and to replace it with a Commissioner should be ended. Instead, where a Council fails to adopt an Annual Budget, the Council should stand suspended, and fresh elections be held to elect a new council for the remainder of its five year cycle. • Rates should be levied on State owned property. There is no continuing justification for exempting State owned property from the rates regime which applies to privately owned businesses. • The right to vote at local elections should be reduced to age 16.

22. Conclusion • Local Government Reform can only be achieved in the context of a broader reform programme that not only involves National Government Reform but also a comprehensive reform of our public and state structures thereby providing a clear framework as to what functions as best suited to the differing levels of government. • It is proper that when it comes to improving local governance that our reach should always be greater than our grasp. This is especially so in the present political and economic climate in which local government and local democracy is in danger of being irreparably damaged.

23. Ultimately the goal of achieving good local government and governance should be one of an ongoing process of evolution that devolves powers to a local level. • As public representatives we are faced with the greatest of challenges this country has ever faced. These challenges also present some of the greatest opportunities we will ever have to truly improve they way in which we choose to govern ourselves. • With these challenges and opportunites also come serious threats to our democratic structures. • If we are not prepared to protect the concept of elected democratic governance at all levels, who will?