Empowering communities

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A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT www.fiannafail.ie

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OCTOBER 2013

Empowering Communities


Empowering Communities A new vision for real change in local government

Table of Contents Executive Summary

2

CHAPTER ONE – Introduction

5

CHAPTER TWO – Status Quo

8

CHAPTER THREE – Engagement

12

CHAPTER FOUR – Leadership

16

CHAPTER FIVE – Delivery

22

CHAPTER SIX – Finance

26

CHAPTER SEVEN – Integrity

29

CHAPTER EIGHT – Conclusion

32

APPENDICES

33

1 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Executive Summary Fianna Fáil’s local government policy is based on the role of local government in driving job creation, democratic representation, civic participation and providing key local services. It offers a fresh vision of the future of how we can govern ourselves, provide meaningful democratic engagement for citizens, help local business grow and deliver services efficiently. Creating a strong local government is a core part of transforming the political structures of the state all the way from the corridors of the cabinet to the local community hall. It sets out a new, responsive structure of local government that will help tackle the problems that matter to people ranging from local job losses to anti-social behaviour down the street. Five key themes of Engagement, Leadership, Delivery, Finance and Integrity are the pillars of the Fianna Fáil’s republican vision for radically transforming local government in Ireland to get it working for ordinary people.

Engagement A new Community Council Model fairly distributed across the country and town councils for areas with over a population of 7,500 to replace the old unbalanced Town Council structure will bring government closer to the citizen and empower locals to have a real say in planning issues, address local on the ground problems and help create a strong sense of place in their communities. Plebiscites on local issues, the roll out of the SOWIT program across the country, expanded routes for citizen participation in the planning process all form a new focus on creating a more vibrant democracy that is not simply about casting a vote once every five years in the local elections. These new avenues of engagement will help bring government back to citizens and give them a real say and ownership of how their communities are run. • • • • •

Enhancement of Town Councils across towns with a population of over 7,500 Creation of new voluntary Community Councils structure across the country in areas with no town council Greater engagement through on-line facilities Plebiscites on issues such as LAP Continual Citizen participation in the Planning Process

Leadership Greater leadership through Directly Elected Mayors replacing County Managers has the potential to take the initiative and cut through the bureaucratic problems that plague administration and prioritise new ideas in shaping our communities. For example a Dublin Mayor could begin to make the most of Dublin’s maritime tradition and position beside the sea as Mayor Pasqual Maragall did in Barcelona. A radical new system of a fixed cabinet in charge of services areas will increase scrutiny and accountability as well as drive on reforms and efficiency in service delivery. Opening up the council with new working structures will help encourage broader participation in political life. A new Local Government Regulator will continually review the overall system

2 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


• • •

Directly Elected Mayors across every City in the country and subsequently every Local County Executive Powers for Directly Elected Mayors who will act a champions for their area across the country and globally A new Cabinet style system to replace the Corporate Policy Groups and Strategic Policy Committees that offers enhanced effectives, accountability and a greater role in shaping policy for councillors

Delivery The greatest test for any form of government is whether it can deliver for its citizens. Fresh powers for local government will make it more relevant and responsive to the needs of citizens and help create local jobs. New powers in job creation and delivering important local services such as sports and recreation is a core part of a new local government structure. Fianna Fáil will help promote job creation by creating a more flexible and dynamic local government that can access funding from central government and the EU as well as revamped local measures such as a new commercial rates regime to promote job stimulus measures and help local small business to grow and flourish. New powers in funding sports and recreation, a revamped water services provision model drawing on the on the ground knowledge and delivery expertise of local government, enhanced accountability and engagement with An Garda Siochana, an expanded role in education and fresh powers in setting Rent Supplement rates with landlords will fundamentally expand what Local Authorities can do to deliver for citizens. Local Authorities will now take the lead in tackling climate change from the bottom up. • • • • • • • • • •

New competitive funding pot for enterprise support and initiatives New credit facilities for local enterprises New Role in tackling Climate Change through Climate Change Plans and Policy Groups Greater partnership with Educational providers Expanded role in Policing oversight New Public Mutual owned company with Local Authorities providing on the ground water services Greater powers in providing recreational services and supporting sports and community groups through Lottery Grant Distribution and new planning powers Key role in local culture and tourism using local libraries and educational facilities Secondment program for officials to get private sector experience and attract private sector personnel into Local Authorities Local Government Regulator to oversee the reforms, make recommendations and provide independent comparisons in service

Finance Value for money and flexibility must be at the heart of funding local government. Businesses across the country are struggling under an unfair commercial rates system. We will transform the rates system with an inability to pay clause and link it with rent levels to ensure greater fairness and flexibility. New forms of finance such as Tax Increment Finance and 3 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


bonds as well as community levies as voted on by citizens have the potential to stimulate growth with targeted local projects. -­‐ -­‐ -­‐ -­‐

Overhaul Commercial Rates System Tax Increment Financing and Local Bonds Full implementation of the Local Government Efficiency Review Enhanced Auditing facilities

Integrity A series of measures to restore public trust in local government and ensure the highest levels of probity in political life are an integral component of the Fianna Fáil vision for the future of local government. Anti-Corruption Plans as standard, an enhanced auditing system, complete transparency on planning issues and declaration of interests, a greater role for SIPO and training for Councillors will help create the highest standards of governance in our local authority structure. • • • • • •

Anti-Corruption Plans Enhanced material accessibility New role for SIPO Training for Councillors Mandatory explanation of planning decisions with interventions by councillors for specific permissions to be noted on file Elected members should give one month’s notice of the use of material contravention of a development plan to the relevant regional authority and the Minister for the Environment An independent Planning Regulator

Our proposals, underpinning the five main themes of Engagement, Delivery, Integrity, Finance and leadership have the potential to radical transform local government and make it a hub of innovative solutions to local problems, not a part of them. Giving citizens the opportunity and financial strength to pursue fresh solutions to the problems of struggling local businesses, inadequate sports facilities or anti-social behaviour will transform the nature of governance in Ireland into a more responsive process that tackles the issues people care about.

4 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER ONE - Introduction This policy paper sets outs the case for a radical new departure in local government in Ireland. It outlines a clear vision for change that will transform the relationship between citizens and government across the state in an unprecedented manner. Systematically overhauling how local government works and getting back to the basics of helping local businesses thrive, promoting real local democracy, fostering civic republicanism and delivering efficient services is the most fundamental political reform that we can undertake to change the way politics works in Ireland. Across several chapters this paper identifies the problems in local government as it stands and sets out a series of sweeping reforms that will help revitalise local economies and radically shift power back to citizens reflecting the founding republican values of the state. Local Government is an integral part of the democratic process, plays a major role in the local economy and provides vital services across the country. However, local government in Ireland is one of the weakest across the EU in terms of powers and fiscal independence; it also has one of the highest proportions of people to councillors. While significant reforms have taken place over the past number of years ranging from the seminal Local Government Act of 2001 to Constitutional recognition of Local Government in Article 28A the area has immense untapped potential to play a leading role in “In ‘Putting transforming governance in the state. In “Putting People First” the government has set out a series of cuts to the area but as Edmund Burke put it “to innovate is not to reform”. The changes announced by the Minister Hogan in setting out his Local Government agenda do not mark a real improvement in local democracy. Instead they smack of a crude short termism that ultimately short changes citizens.

People First’ the government has set out a series of cuts to the area but as Edmund Burke put it “to innovate is not to reform.”

As the layer of government that is closest to the citizen the possibilities of developing the relationship, input and participation of ordinary people in government are dramatic and seriously underexplored. The need for change comes against the immediate backdrop of the economic challenge and crisis of governance facing the country. However the demand for reform must also be viewed from the broader fundamental trends shaping the state with Ireland becoming an increasingly urbanised (62% of the population now live in urban areas in Ireland compared to 42% in 1951) and educated country in a globalised world. The institutions of the state must reflect the reality of modern Ireland and not simply “Real reform anachronistic historical entities. In order to best serve the from the bottom needs of people the way we govern ourselves must be up has the revised from the ground up and adapted to a new Ireland.

potential to transform Irish politics in ways the flawed constitutional convention never could.”

The EU “subsidarity” principle of decisions being taken at the closest possible level to the citizen, enshrined by the 1992 Maastricht Treaty, is best embodied by an active functioning local government. Ireland is also a signatory of the European Charter of Local Government in 1997 which asserts the integral role of local government in the democratic process. The plans of the current government to reduce and abolish 5

EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


local government bodies without a clear and coherent vision for local democracy simply centralises power in the hands of the Government. Profound Political reform was promised in the Programme for Government but has not been delivered upon. Real reform from the bottom up has the potential to transform Irish politics in ways the flawed constitutional convention never could. Rather than piecemeal, haphazard changes across separate areas, reform must be holistic with the overall structure of the State borne in mind. In many regards the localism of Irish national politics can be traced to the emasculated nature of local government in the State. T.Ds are drawn to focus on overwhelmingly local issues as a result of the vacuum created by ineffective representation and powers at the local government level. The myopia this instills in political discourse damages our capacity to focus on broader national issues and compounds the failure to attract sufficient numbers of high calibre people into public life. The provision of a strong and meaningful democratic forum that oversees the effective, efficient delivery of services lies at the very heart of local government and underpins this policy paper. Fianna Fáil’s local government policy is based on the roles of local government in local business, democratic representation, civic participation and providing key local services. It offers an alternative vision of the future of how we govern ourselves and deliver services efficiently. Creating a strong local government is a core part of transforming the political structures of the state all the way from the corridors of the cabinet to the local community hall.

“Creating a strong local government is a core part of transforming the political structures of the state all the way from the corridors of the cabinet to the local community hall.”

Five key themes of Integrity, Engagement, Leadership, Delivery and Finance are the pillars of the Fianna Fáil vision for radically transforming local government in Ireland.

Engagement – Bringing power back to the grassroots using community councils and utilising the IT revolution for new exciting ways to engage citizens. Reforming the council structure to reflect modern realities will enhance service delivery across the country.

Leadership – Directly elected Mayors have the potential to act as champions for their area, take the initiative on new innovative services and balance the powers of unelected officials.

Delivery – Local Government must be enabled to step up to the mark and help foster job creation across the country and deliver for local communities. Expanding the powers of local government into new areas will help foster a new era of service delivery and citizen engagement with local government across areas of importance to local citizens.

Finance - Maximising Value for money in the delivery of services and ensuring that every cent spent is accounted for will transform the pace and effectiveness of services across the country under expanded council function areas. Independent Revenue raising abilities with an overhauled commercial rate system will alleviate the pressure on rate paying businesses and ensure that local money is spent on local projects as set out by local people. 6 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Integrity – Creating a strong ethical framework for all elected representatives is a key part of restoring trust in public life, upholding republican values and encouraging greater participation in the political process.

These radical changes will help revitalise local democracy and transform local government in Ireland in unprecedented ways. It is the kind of real political reform that the Irish people have demanded and it is the meaningful reform that Ireland needs to face up to the challenges of the modern world. The opening chapter of this paper sets out the remit and reasons for Local Government and the current status of local government in Ireland. It identifies the problems with local government as it stands. The remaining chapters deal with each theme individually, putting forward a series of proposals to transform this tier of government. The unifying themes of Engagement, Leadership, Delivery, Finance and Integrity tie the policy proposals together. Empowering Communities offers the chance to profoundly change Irish politics in a bold new way. It’s time to change how we do politics in Ireland. Let’s start from the bottom up and empower communities to start tackling the challenges that we face.

7 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER TWO - Status Quo In this chapter the reasons for having local government and the current problems that exist in the Irish model are explored. Looking to the future of Local Government it is important to outline what purpose it serves and how it currently fails to live up to its potential.

Table 1. What does Local Government do?

What does Local Government do?

Local Democracy

Provides Services

Agent of Central Government

Tier of government closest to the citizen and most responsive to communities

Provides roads, water, planning, environment, amenities, education

Collects motor tax and distributes educational grants for central government

Regulator Regulates planning and environmental standards to local, national and EU standards.

Instrument of Local Democracy As the tier of government closest to the citizen, local government is the embodiment of democracy at work on a local level.

First level of political education 133 T.Ds out of 166 or 80% of Dáil members have previously been members of Local Government. Membership of Local Authorities is a useful training ground for national politicians and can be used to experiment with new ideas with limited potential negative impact that can be later used at a national level. This was the view of the great philosopher John Stuart Mill in his trenchant defense of Local Government. It is also a useful platform from which to encourage greater female and younger participation as well as from other traditionally under represented groups such as ethnic minorities. 8 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Reinforces a sense of place and community Local government presents a platform to represent and articulate local concerns; it also represents a sense of community and creates a level of government that, in theory, should be most responsive to the local community. The county structure in Ireland was developed as a British administrative unit and is now synonymous with local identity with the GAA county team system a strong reflection of this.

Delivers services at the level nearest to the citizen Local government is a key deliver of services such as transport, education, water, housing, planning, amenities and the environment. The government is now paring away certain services such as water. In other countries such as Germany, France or a similar sized country like Denmark local government is entrusted with areas like Education and Welfare services.

Acts as an agent of Local Government The distribution of grants, collection of Motor Taxation are examples of Local Government acting on behalf of central government.

Acts as a local on the ground regulator The enforcement of standards such as planning regulations or environmental standards either from an EU/National or local level is in the hands of local government. Planning systems in other countries, such as certain states in the USA, place certain aspect of planning powers on street appearance, façade architecture etc in the hands of much smaller community council style groupings.

Safeguard against central control and dominance The concentration of power in a central body exposes the state to an unhealthy centralisation of power in fewer and fewer hands. Dispersing power across various units’ provides checks and balances against an over powerful central government.

Why we need Reform In light of the broader reasons underpinning why we have Local Government, it is all too apparent that the Irish model suffers from serious shortcomings. Limited functions, lack of financial powers, constrained representation and restricted citizen engagement as well as the need for new structures all serves to undermine local government in Ireland.

9 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Functions Local Government in Ireland stands as one of the most limited across Europe in terms of the range of services it provides and the resources available to it. Areas such as transport, recreation, welfare, education and health that are an integral component of local government functions in other European states are not functions of the lower tiers of Irish governance.

“Local Government in Ireland stands as one of the most limited across Europe.”

Finance It also suffers from a sharp vertical fiscal imbalance with central government the overwhelmingly dominant source of revenue rather than local resources. In 2010, 41% of Local Government income came from Central government, indicating a heavy reliance upon the central exchequer and “A more pertinent lack of local discretion in how revenue is raised and spent. question is A plethora of reports and recommendations dating back to whether the 1970’s such as the Barrington report 1990, KPMG councillors are Financing Local Government Report 1996 and the Indecon doing what they Financing Report of 2005 have all pointed to the need to address the lack of independent fiscal powers. are supposed to?”

Representation and Engagement There are 1,627 elected local government members in Ireland. This breaks down into 883 County and City Councillors and 744 Town and Borough Councillors. The average population per councillor in Ireland is 2,815 people. This is the highest proportion in the EU 15 with the UK in second with 2,664. It compares with an average of 118 in France or 1,115 in Denmark, a similar sized and populated country. It is untrue to simply say that Ireland has too many elected representatives in light of the fact that we have the lowest number of councillors relative to population in the EU 15. A more pertinent question is whether these councillors are doing what they are supposed to? Reduced numbers should reflect new powers as part of holistic reform rather than a misguided slash and burn policy.

10 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Table 2. Comparative number of Councillors Country

Population

France Germany Italy Belgium Greece Denmark Portugal U.K. Ireland

60m 83m 58m 10.3m 10.6m 5.4m 10.1m 61m 4.58m

No. of Relevant Local Councils 36,700 15,300 8,100 589 1033 275 308 468 114

Average Population per Council Area 1,600 5,400 7,100 17,500 10,300 19,600 32,800 127,350 36,842

Average Size of Council

Population per elected Cllr

14 15 12 22 10 17 29 49 14

118 350 608 811 1,075 1,115 1,131 2,664 2,815

Structures and Leadership The County Council institutional structure of local government remains largely unchanged since the 1898 Local Government Act except for the abolition of Rural District Councils in the 1920s and the introduction of county managers in 1940. The 1990s witnessed a number of changes including in the removal of the ultra vires rule, introduction of new policy structures such as Strategic Policy Committees, creation of the General Local Government Fund from motor tax receipts, constitutional recognition under Article 28A and abolition of the dual mandate. The 2001 Local Government Act introduced a series of modernising measures and new policy structures.

“The County Council institutional structure of local government remains largely unchanged since the 1898 Local Government Act.”

The 2009 McCarthy Report specified the abolition of Town Councils and the reduction of the 34 city and county councils into 22 units. The 2010 Local Government Efficiency Review group earmarked some €511m worth of savings in the sector. It recommended the amalgamation of 20 city and county councils; the transfer of powers involving planning, roads and housing from town councils to county councils; a reduction in staff numbers (currently at around 30,000); and increased powers for the remaining managers. These recommendations represent the policy discourse backdrop to the revamp of the local government structure.

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CHAPTER THREE - Engagement This chapter sets out a series of measures to radically transform how citizens engage with local government through measures such as Information Technology initiatives and new Community Council models, devolving real power closer to the citizen. It outlines a series of structural transformations to the current architecture of Local Government.

Main Proposals • • • • •

Abolition of Town Councils Creation of voluntary Community Councils Greater engagement through on-line facilities Plebiscites on issues such as LAPs, re-call votes on underperforming councillors. Continual Citizen participation in the Planning Process

Enhancement of Town Councils in towns with a population of 7,500 The wide disparity of population, powers and revenue amongst Town Councils illustrate the challenges that the current local government structure faces to be relevant in modern Ireland. The perverse situation where Celbridge with a population of over 15,000 does not have a Town Council while Clones, with a population of just fewer than 1,500, does is indefeasible. In order to expand “The perverse citizen participation and overhaul the local government situation where structure to respond to the demands of modern Ireland the Celbridge with a Town Council structure should be rolled out on the basis of a population of 7,500 population baseline. In contrast to the slash and burn approach adapted by the government in “Putting People First” the enhancement of Town Councils will be carried out in close conjunction with the establishment of a new local government model that genuinely moves power away from the centre to the levels closest to the citizen. Existing town councils below the threshold will be retained.

over 15,000 does not have a Town Council while Clones with a population of just under 1,500 does is indefeasible.”

Community Councils • • • • •

Tier of Local Government closest to the citizen Community Councils for all areas not covered by Town Councils on a legislative basis Clear powers to allow citizens the first voice in the Local Area Plan. Ability to raise finance locally for local projects. Structure to organise community events and festivals

12 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


“Giving them a formal legislative role with clear duties and rolling them out across communities throughout the country marks a real devolvement of power to the citizen.”

• Utilising IT for popular engagement and real interaction A new community council model operated on a voluntary participation basis forms the bedrock and first tier of Fianna Fáil’s vision for a new local government structure. The model builds upon the existing relatively informal structure of Community Councils across the country which play a leading role in organising local festivals, providing a forum for local concerns, responding to planning issues and working in cooperation with community groups. Giving them a formal legislative role with clear duties and rolling them out across communities throughout the country marks a real devolvement of power to the citizen.

County Councils would designate Community Council Areas throughout their local authority area with citizens having the right to petition their LA to establishing a Community Council in their area. The Community Council structure should reflect the natural community of an area with villages and towns having a single community council for their area. The size of the council should range from 7-15 depending on the size of area it covers with large towns having 15 and smaller villages 7. Members of the council should be elected from an AGM open to attendance and votes by those on the electoral register. The Community Council could also extend an ex-officio non-voting positions to representatives of local community groups as decided by the AGM. Votes on specific issues such as a Local Area Plan which would be drafted by the Council would then be submitted to a general vote open to the entire community.

Table 2. Community Council Numbers

Population

Total Towns

Total number of current Town Councils within pop. range

New Town Councils to be created

New Community Councils to be created within pop range.

7,500 +

56

44

12

-

5,000 – 7,500

23

12

-

11

2,500 – 5,000

50

16

-

34

1,000 – 2,500

136

8

-

128

Table 3. Total number of Community and Town Councils Total number of Community Councils

Total number of Town Councils

173

92

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Councils would be empowered to organise local events such as community festivals, hold plebiscites on street name changes, community levies for specific projects, be the first port of call in developing the Local Area Plan in conjunction with Local Authority Officials. The Community Council will also be consulted to provide a submission upon any major planning permissions within its area. This process “It is a real will involve setting out planning priorities and the location of future example of development and amenities in the area. The capacity to hold a vote local money on a Community Levy provides an opportunity to allow the entire being spent community to help finance specific projects such as a Community on local Playground or Sports facility for their area as decided by local people. projects.” It is a real example of local money being spent on local projects. Members of the Council will undertake their duties on a voluntary basis while assistance where needed in planning issues will be provided by Local Authority officials excluding he need for expenditure on the new structure aside from any start up costs. Finance for activities, festivals and other activities will be raised locally or through the Community Council applying for grants from the County Council or central government. “The Community Council

model takes the best elements of the old town council structure, applies it fairly across the county and removes the expense.”

The Community Council model takes the best elements of the old town council structure, applies it fairly across the county and removes the expense. It draws on the deep well of civic pride in Ireland and harnesses it to give local citizens a real voice in how their community is shaped.

New Avenues of Engagement •

Roll out of the SOWIT Program across all Local Authorities and Community Councils

Live streaming of all Council meetings

Open on-line Q & A forums with Councillors and officials

Ensuring that planning documentation is freely available on-line as recommended by the Mahon Tribunal

Facilities for lodging complaints and proposing solutions

Plebiscites on local issues

Participatory budgeting such as in Recife, Brazil

Petitions for action on specific areas

Greater participation has underpinned the previous proposals in terms of widening access to elected political life in various capacities, whether it is in relation to part-time councillors, elected Mayors or established Community Councils. The 2006

“Local Government is in the ideal position to address the creeping sense of alienation people feel from government with clear measures to engage citizens.”

14 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Taskforce on Citizenship and more recently the work of We the Citizens shows a real appetite amongst the public for engaging with the political system and taking an active role in decision making. Local Government is in the ideal position to address the creeping sense of alienation people feel from government with clear measures to engage citizens. The Fianna Fáil vision for local government aims to empower citizens to ensure a government “of the people by the people and for the people” from the bottom up. A number of practical initiatives could be introduced to involve the public and enhance accountability. Area Committee meetings could be held in various parts of the area rather than fixed in the Council buildings with opportunities for the public to question Councillors, officials and introduce items on the agenda before the meeting. Progress is already being made in the area through the SOWIT project between researchers in UCC, TCD and Kilkenny County Council. More than just using IT for canvassing for local’s opinions it also forms the basis for producing viable solutions to the problems that local areas face. Problem areas can be identified, officials can respond and solutions put forward in an on-going interactive on-line engagement. The SOWIT Program forms a model that should be rolled out “Shadowing days for across all Local Authorities and used in close conjunction with the new Community Council Model. students and A percentage of local expenditure should be earmarked for participatory budgetary which citizens outline exactly where money should be spent on local projects.

Councillors to get a view of daily political life in a local area combined with youth parliaments.”

Shadowing days for students and Councillors to get a view of daily political life in a local area combined with youth parliaments with some fiscal resources could help engage young students. “This will help

ensure that there is enhanced transparency and openness in the planning system.”

Integrating the recommendations of the Mahon Tribunal in relation to planning process transparency with greater on-line access to decisions, submission and stated reasons for significant decision will further enhance citizen knowledge and involvement. The tribunal further recommended making all planning reports in relation to Development Plans freely available on the internet. This will help ensure that there is enhanced transparency and openness in the planning system.

Plebiscites on particular issues can be called for after a minimum number of electors sign up, re-call votes on underperforming Councillors and the Directly Elected Mayor after a petition with a minimum amount of electors adds a further dynamism to civic engagement with the council.

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CHAPTER FOUR - Leadership This chapter sets out the need to establish Directly Elected Mayors across the country. It outlines the powers and role that a directly elected Mayor will play in transforming Local Government by providing it with real leadership. It also outlines the bold new concept of a Cabinet style system to improve decision making in the Council and re-balance powers between unelected officials and Councillors.

Main Proposals • • •

Directly Elected Mayors across every City in the country and subsequently every Local County. Executive Powers for Directly Elected Mayors who will act as champions for their area across the country and globally. A new Cabinet style system to replace the Corporate Policy Groups and Strategic Policy Committees that offers enhanced effectives, accountability and a greater role in shaping policy for councillors.

Directly Elected Mayors • • • • •

Provide leadership Drive forward reform agenda Build profile for Local Government Enhance accountability Greater public engagement

Leadership The argument for Directly Elected Mayors rests upon the concept “The argument of leadership. A key individual provides an opportunity to drive for Directly forward an agenda, fight for the advancement of local government Elected needs, heighten the visibility of the local authority and the locality Mayors rests itself, as well as broadening engagement with the public and upon the promoting greater accountability. In the Irish case a directly concept of elected mayor would require specified powers, a full time, leadership.” remunerated position and a clear definition of their relationship with the county manager who currently commands immense influence in the system. Beyond the referendum of a Dublin Mayor there is no reason why other urban centres Cork, Limerick, Galway and Waterford could not be led by directly elected mayors before moving to implement this model across all counties in the long term. This incremental process should allow for sharing of best practice local authorities.

Accountability Mayors provide clear lines of accountability and effective leadership so that it is clear to everyone “where the buck stops”. The unique legitimacy and mandate of mayors, combined 16 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


with the stability of a political term in which mayors cannot be removed from office at the whim of political colleagues, can enable bolder and braver choices to be made in a way that divvying up the Cathaoirleach position amongst parties cannot. This means that mayors can take up the challenging role of breaking down the silo effect of the civil service and tackle the issue of local government financing which needs to be developed in tandem with structural reform.

Profile An outward looking approach is crucial and if we are to compete with cities across Europe and globally, a strong champion and ambassador will be key. Whether this is attracting inward business investment or lobbying for national or European funding, mayors have a vital role to play. For instance, working within the Committee of the Regions Structure in Europe to secure EU grants or European Investment Bank funding, a Dublin Mayor could help secure additional money for specific Dublin projects such as revitalising Dublin Bay and utilising Dublin’s maritime tradition.

“if we are to compete with cities across Europe and globally, a strong champion and ambassador will be key.”

International Examples The successful London bid for the 2012 Olympics launched by Ken Livingstone is perhaps the most striking and high-profile example of the role a mayor can play in getting a big achievement for their area. There are also a number of international examples of the contribution mayors can make in generating local economic development as set out in Table 3.

17 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Table 3 – International Examples of Successful Mayors Mayor of London - Ken Livingstone

Ken Livingstone successfully bid for the Olympic Games to be brought to London. Mayor Boris Johnson helped ensure the games were a tremendous success that bolstered London’s international profile and created a strong sense of civic pride in the city.

Mayor of Dresden – Herbert Wagner

Mayor Herbert Wagner, used his tenure to boost tourism in his city, overseeing the building of a new airport terminal, and collaborating with neighbouring Berlin and Prague to persuade travel companies to market package tours in the region.

Mayor of Chicago - Rahm Emanuel

Chicago Mayor Rahm Emanuel has just launched a bold new Chicago Infrastructure Trust. This Trust aims to finance infrastructure projects, by leveraging private capital to fund critical infrastructure projects which would then repay the investors without selling off public assets.

Mayor of New York - Rudy Giuliani

Mayor Giuliani led the transformation of New York through combating crime with a “zero tolerance” approach and his leadership in the dark moments of 9/11 stand out as an example of real civic leadership.

Mayor of BarcelonaPasqual Maragall

Pasqual Maragall led the transformation of the waterfront in Barcelona in a major urban renewal project. Maragall used his unique leadership position to realise his vision to “turn Barcelona around to face the sea”

Mayor of Rome Francesco Rutelli

Francesco Rutelli led the re-vitalisation of the city centre of Rome, refurbishing and re-opening museums as part of his sweeping cultural, economic and environmental agenda. Rutelli’s efforts led to a resurgence in tourism in Rome.

Powers Specific powers are critical to creating a strong position that attracts high calibre civic minded people to the post. The Mayor should be • • • • • • • •

Chief Executive of the Local Authority. The current county manager’s role would be changed into that of a Secretary General. Head of the Council Cabinet leading the agenda for the Council. Chief Ambassador for the locality at home and abroad. Lead the Council representation at regional level. Member of the Transport Authority in regional areas while City Mayors should be the head of the Transport Authority in their area. Select Chief Superintendent of the Garda District from an approved list with powers to dismiss if performance is not up to scratch. Directly accountable to independent Planning Regulator Subjected to re-call votes

This blend of powers and responsibilities will ensure a dynamic executive that leads from the front and is fully accountable to local people on the local decisions they make. The 18 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


government has simply kicked the issue to touch with a limited plebiscite confined solely to Dublin. We believe that the Mayoral model should be extended to all Councils and Cities as a matter of government policy. This will re-balance power away from unelected bureaucrats towards the elected officials of the people.

Cabinets • • • •

Real power and responsibility to Councillors An enhanced service based political system Greater political engagement in Council service areas Attract diverse and high calibre people in elected local office

Local Government is structured around a series of key services it provides namely, housing, transportation, water and sewage, culture & amenities, environment planning, education, social, agriculture and miscellaneous. The current system sees each Strategic Policy Group committee with a chair head up policy making efforts on behalf of the elected members. There is also a Corporate Policy Group of all SPC chairs. In tandem with the introduction of an executive leader, the establishment of “Local Ministers”, for the duration of the council’s five-year term in charge of each service area driving forward reform and “Local Ministers offering clear accountability would be a major advancement would be in charge on the current part time haphazard SPC and CPC system. of their section Local Ministers would be in charge of their section akin to a akin to a Cabinet Cabinet Minister ensuring accountability and clear leadership Minister ensuring in each function area. The “Local Ministers” would be drawn accountability and proportionately to party strength, be selected by and sit with clear leadership in the directly elected mayor in a cabinet. A diversity of party each function positions on the Cabinet would encourage cross party efforts and act as a check on the Mayor. area.” These individuals will have their activities scrutinised by ordinary councillors serving on committees in each area and in overall council meetings where decisions have to be passed as is the case now. A majority of Councillors can also remove the individual from the position if they are underperforming.

19 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Table 4- A new Council Structure for the 21st Century Cabinet Local Minister

Commi1ees Ordinary Councillors

Cabinet Local Minister

Commi1ees Ordinary Councillors

Cabinet Local

Commi1ees Ordinary Councillors

Cabinet Local Minister

Commi1ees Ordinary Councillors

Cabinet Local Minister

Commi1ees Ordinary Councillors

Cabinet Local Minister

Commi1ees Ordinary Councillors

Directly Elected Mayor

General Council General Council Mee7ng All All M Members embers

Role of the Councillor •

Need to enhance scrutiny of County Manager, Mayor, Cabinet members and officials

Flexibility to attract diverse backgrounds reflecting the broader population into local elected life

Gender Quota system, by-elections for co-options,

Effective resources for Councillors to conduct their duties

Part time Councillors with sitting hours to attract diverse professions.

Abolished Regional Assemblies and a new Regional Authority Structure

Tentative efforts have been made to enhance the policy making role of the councillor with the creation of SPCs but generally their role has remained limited both in terms of powers and their own concept of their capacities. Councillors play an essential role in representing their communities and any future reforms must reflect their central role. A consequence of the introduction of directly elected mayors and policy “Local Ministers” is the need for greater scrutiny of local executives. A majority of the ordinary Councillors would be required to approve the policies pursued by the cabinet while having scope to introduce initiatives of their own. Each policy area should have its own scrutiny

“A majority of the ordinary part-time Councillors would be required to approve the policies pursued by the cabinet while having scope to introduce initiatives of their own.”

20 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


committee to review the actions of each specific “Local Minister” while the entire council would continue to approve major policy such as Development Plans and Budgets. Local Area Plans for instance, would require the approval of the relevant Community Council, Area Committee and the planning scrutiny committee who would have recourse to refer the issue to the overall council.

“In order to attract diversity among the councillors, gender quotas should be introduced at Local Government level.”

In order to attract diversity among the councillors, gender quotas should be introduced at Local Government level. Elections should be held at the weekend to encourage greater turnout. Councillors need effective resources in terms of office facilities and potentially a small research capacity to complement their activities.

Ordinary councillors should be part-time to attract a diverse range of people who may not be interested in a full time political career. Meetings should be held at times that reflect this part time role and facilitate a broader range of professions. For example in a County Council of 40 members in total, 5 would sit in cabinet with a scrutinising committees of 7 members each drawn from each Local Electoral area. The new system of councillors would save money and the removal of the Conference expense system which yields little benefit to tax payers will also yield further savings of some €2m, the total which was spent on conference attendance expenses in 2011. The County structure should be retained and the average number of County Councillors should be balanced out to an average of 1 per 5,000 people. Combined with the new Community Council Structure and revamped Town Council structure this will ensure an effective system of representation and accessibility for citizens without spiralling costs to the tax payer. Regional Assemblies should be abolished and a new Regional Authority system with the Directly elected Mayor and the relevant Local Minister for Services on the issue discussed representing the Local Authority should be put in place. This model would be similar to the Council of Ministers in the EU, streamlining the unnecessary large size of the Authorities, giving them a greater democratic legitimacy and focus.

“Regional Assemblies should be abolished and a new Regional Authority should be established.”

21 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER FIVE - Delivery This chapter sets out the need for an enhanced role for Local Government. It specifies new additional powers and functions for Local Government that will bring it into line with the European norm and devolve power closer to the citizen.

Main Proposals • • • • • •

• •

Competitive Funding for Local Authority Projects New Role in tackling Climate Change through Climate Change Plans and Policy Groups Greater partnership with Educational providers Expanded role in Policing Revised role in Water Provision Greater powers in providing recreational services and supporting sports and community groups through Lottery Grant Distribution, new financing capacities and planning powers. Key role in local culture and tourism using local libraries and educational facilities. Public/Private Secondment Program for staff to encourage greater interaction with the private sector.

Competitive funding pot for Local Authority Projects Local Businesses know best about what their local area needs and Local Government has a key role in tapping into this potential. Central Government should co-operate with Local Authorities to maximise the impact of its efforts to stimulate growth by combining it with a local, holistic approach that encompasses the individual varieties and demands of each area. Creating specialised funds that local authorities can combine with private sector companies to bid for will create a new dynamism to enterprise spending and business incentives. This can take the form of urban renewal projects in blighted areas to enhanced transportation schemes in rural areas bringing residents to shops etc. Competing bids rather than block grants will stimulate co-operation, collaboration, new ideas and a fresh vision for business in an area. County Enterprise Boards should be at the heart of developing bids for central government money.

“Local Businesses know best about what their local area needs and Local Government has a key role in tapping into this potential.”

To reflect natural business areas that do not adhere to local area boundaries new Local Area Business Partnerships encompassing business, government departments, transport groups should be created with local government at the heart. These partnerships should have the ability to work with the council in creating financial incentives such as commercial rate relief for revitalising Town Centres. Each Local Authority should also ensure its CEB is focused on securing EU funding and cooperates closely with Government Departments in maximising potential funding sources.

22 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Central Government can ease this process by combining the money into a single EU fund that CEBs can bid for in competitive tendering. The CEB should formulate a Long Term Business strategy for their area encompassing project plans and funding which the Local Authority can debate and approve. This should be the blueprint for getting the local authority area growing again and feed into planning strategies etc.

Climate Change The battle to tackle climate change starts at a local level. All Local Authorities should play a central role in setting and leading the green agenda across the country. Climate Change Plans should be set out by all Local Authorities encompassing all areas of operation. Local Authorities should be at the centre of Climate Change Policy groups that include private and public sector bodies across the local authority area as part of the drafting and implementation of the climate change plan. Central government should encourage environmentally friendly policies and innovation by Local Authorities by setting aside funds that Local Authorities can bid for to fund local projects. Failure to reach targets should be penalised with cuts to funding.

“The battle to tackle climate change starts at a local level. Local Authorities should play a central role in setting and leading the green agenda.”

Educational Partnership If the institutional reforms are to have a real impact a wider range of powers should be delegated to local authorities. A greater role in education oversight such as filling the vacuum left by the Catholic Church in overseeing schools over the coming years will be an important part of local authorities playing a great role in education. There should be greater use of school facilities breaking down the traditional separation of state funded facilities. Local authorities should ensure that schools are at the centre of green initiatives.

Health HSE consultation forums could reflect the county/city council structure. The main thrust should be towards transforming public service from the current silo department mentality to a one-stop shop solution provided by the local authority with local flexibility and room for innovation. Homeless Strategies should be devolved from central government to local councils with on the ground knowledge.

Social Welfare There are approximately 92,000 persons in receipt of rent supplement across the state with a total expenditure of €436 million in 2012. The current system empowers central government to set rent limits in different counties with no flexibility effectively establishing a rent floor in many areas. It is up to the individual to secure accommodation at that price. Shifting responsibility to Local Authorities will allow for greater flexibility in rent limits levels 23 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


reflecting local realities and empower the Authority to negotiate directly with landlords will help reduce the rent supplement bill.

“Combining powers for rent supplement with the Local Authorities responsibility for housing, similar to the RAS scheme, will also reduce an unnecessary duplication of functions.”

Combining powers for rent supplement with the Local Authorities responsibility for housing, similar to the RAS scheme, will also reduce an unnecessary duplication of functions.

“Creating a strong link between communities and the role of An Garda Siochana is crucial to creating an effective community policing strategy.”

Policing Creating a strong link between communities and the role of An Garda Siochana is crucial to creating an effective community policing strategy that serves the needs of a locality. Advancing the JPC model, a new oversight committee for policing affairs with powers to questions local member of An Garda Siochana would create a strong oversight of the forces work in the area. The Directly elected Mayor should be empowered to appoint the district Superintendent of the area following a public interview.

Water The Government’s proposals for the creation of Irish Water will create a behemoth quango that will not deliver for customers. Fianna Fáil believes that water services should be part of a publically owned mutual company operated at local level by local authorities with on the ground knowledge. National standard metrics set by the mutual company should be used to ensure all customers enjoy a set standard before any water charges are commenced.

Sports & Recreation This is a key area in improving the quality of life for local residents. National Lottery Grants should be distributed by Local Government which has on the ground knowledge rather than Central Government. Under a revamped development levy system major construction projects should integrate a contribution to locals sports clubs such a land or monetary contributions. Partnerships between local clubs, community council and the Local Authority should be an integral part of the public contribution to development plans.

“Under a revamped development levy system major construction projects should integrate a contribution to locals sports clubs.”

24 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


“Fianna Fáil will amend the Windfall Gain Tax under the 2009 NAMA Act to earmark money from the tax for a local Sport and Recreation fund.”

Fianna Fáil will amend the Windfall Gain Tax under the 2009 NAMA Act to earmark money from the tax for a local Sport and Recreation fund. This way the social infrastructure of local communities will gain directly from future developments. A full audit of NAMA properties should be undertaken to identify suitable land for local sports and community groups use. Local authorities should take the lead in developing plans for their procurement and adequate development.

Public/Private Sector Secondment Program A new secondment program partnership that enables staff from Local Authorities to work in the private companies and temporary contracts for private sector staff to work in Local Authorities will shake up practices in local authorities. This will enable a greater cross fertilisation of ideas and broadened experience for Local Authority staff. Breaking down the barriers between the Public and Private sectors allowing for new ideas and greater efficiencies. Attracting talent into local authorities will be vital in driving on reform in the future. Broadening the employment opportunities that Local Authorities offer will form a key part of this.

Local Government Regulator Establishing a Local Government Regulator to keep the system, under constant review and provide independent metric comparisons will help ensure that the new system of governance works for citizens. The regulator will provide comparisons of service between authorities based on nationally agreed metrics, help ensure best practice is exchanged and report to national government on the impact of the changes and operation of the system making recommendations on changes. Meaningful reforms are not a static one off effort but an on-going dynamic process and the role of a new regulator committed to local government reflects this.

“Meaningful reforms are not a static one off effort but an on-going dynamic process and the role of a new regulator committed to local government reflects this.”

25 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER SIX – Finance This chapter sets out the need for value for money across all aspects of the work that Local Authorities undertake. It also specifies new additional powers and functions for Local Government that will bring it into line with the European world and devolve power closer to the citizen.

Main Proposals -­‐ -­‐ -­‐ -­‐

Overhaul Commercial Rates System Tax Increment Financing and Local Bonds Full implementation of the Local Government Efficiency Review Enhanced Auditing facilities

The mounting debts of local authorities and heavy reliance on the central government to fund it are one of the primary reasons that local government in Ireland is so comparatively weak. The acute vertical fiscal imbalance suffered by local government which is currently spiralling towards a real financial crisis amongst beleaguered local authorities will inevitably sap any reform. Failures of auditing and lack of financial accountability reflect a deeper problem with the irresponsibility of local authorities in relation to finance, reflects the traditional reliance on letting central government keep up the tab.

Commercial Rates System In 2012 the amount of Local Authorities revenue due to be raised by rates was €1.46 billion. Commercial rates are expected to be 33.5% of Local Authorities income in 2012 with the bulk of the rest of income coming directly from the Central Government through grants or from service charges. The average Annual Rate of Valuation charged by Local Authorities across the country was €63.60 in 2010.

“Fianna Fáil will create a revamped Commercial rates system as part of an overhaul of local Government Finance. We will emphasize the need for an inability to pay clause in the process.”

Between 2000 and 2012 most councils have increased their rates substantially – the average (unweighted increase) being 52.1%. Consumer price inflation over the same period was 31%. This has placed a significant burden on struggling businesses and underlines the need to develop a broader base of fiscal powers for local government.

“Ensuring value for money has to be at the heart of service delivery across all spheres of government.”

Fianna Fáil will create a revamped Commercial rates system as part of an overhaul of local Government Finance. We will emphasize the need for an inability to pay clause in the process. The UK model offers a way forward based on the inclusion of ability to pay and economic circumstances. Councils have the power to exempt struggling businesses from paying rates and rural

26 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


businesses have a 50% mandatory exemption on rates. Linking rates to rent levels and employing a self-assessment model will ensure a greater flexibility and responsiveness to the system which is currently absent.

Local Government Efficiency Review Ensuring value for money has to be at the heart of service delivery across all spheres of government. The Local Government Efficiency Review Group was established in December 2009 to carry out an independent review of the cost base, expenditure of and numbers employed in local authorities.

“Savings in areas such as shared services for example in IT and Human resources should be driven to completion.”

The Group made some 106 recommendations and identified a range of efficiency savings and other revenue options. These totaled €511m (€346m in efficiencies and €165m in improved cost recovery and revenue raising) in savings across the sector. The sector has saved €830m since 2008 and needs to continue to emphasise efficiency in its delivery systems cutting down on duplication and waste. The rigorous implementation of the Local Government Efficiency Review must be a core part of any Reform as local government re-focuses on value for money and efficiency while ensuring that citizens have an effective tier of government that addresses areas of concern to them. Savings in areas such as shared services for example in IT and Human resources should be driven to completion.

“The capacity of TIF to enable a major infrastructural or regeneration project provides an immediate shot in the arm of the local economy.”

Tax increment financing & new sources of funding If local authorities are to lead the way in promoting meaningful democratic engagement, expressing local needs and transforming public services, it will require real fiscal autonomy.

Local flexibility over revenue allows for targeted spending through innovations such as tax increment financing (TIF) to tackle urban plight and revitalise business districts and transport links. Tax Increment Financing (TIF) empowers local authorities to make a large upfront investment on the basis of capturing future extra tax revenue that arises from the infrastructural boost in order to repay the initial investment. The model marks a departure from the current Irish Section 48/49 and Business Improvement District schemes (BIDS) due to its emphasis on enabling a large upfront capital investment. TIF has been successfully across several US cities to leverage private investment in blighted areas and invest in urban renewal projects with a guaranteed future income stream. In Ireland an example would be using TIF to improve Transport links to a particular area. Central Government could earmark an investment fund for the specific purposes of funding such enterprises. This would be paid back by the future increases in commercial rates and property development in the area 27 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


“If local authorities are to lead the way in promoting meaningful democratic engagement, expressing local needs and transforming public services, it will require real fiscal autonomy.”

stimulated by the investment. Post the EU/IMF process Local Authorities may be encouraged to issue small bonds to help finance local projects. The need for stringent risk analysis and a rigorous business case for each TIF zone is very important due to the level of debt incurred by the local authority in financing such large scale projects. The capacity of TIF to enable a major infrastructural or regeneration project provides an immediate shot in the arm of the local economy while simultaneously achieving strategic goals for the area

Enhanced Auditing Systems An effective auditing committee that commands public trust is essential to ensuring value for money in local government spending. Local Government accounts should be subjected to the review of the Comptroller and Auditor General and the Public Accounts Committee. Auditing Committees within Councils themselves should be fully equipped and resourced to carry out in depth research akin to the PAC in the Oireachtas. Auditing processes will be held to the highest standards by the new regulator.

“An effective auditing committee that commands public trust is essential to ensuring value for money in local government spending.”

28 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER SEVEN - Integrity This chapter sets out the need to establish the highest levels of probity in public office, drawing on the tradition of republican civic mindedness. Public trust in the institutions of state must also start from the bottom up. Measures such as training for councillors and greater planning transparency all combine to create new levels of accountability.

Main Proposals • • • • • •

Anti-Corruption Plans Enhanced material accessibility New role for SIPO Training for Councillors Mandatory explanation of planning decisions with interventions by councillors for specific permissions to be noted on file. Elected members should give one month’s notice of the use of material contravention of a development plan to the relevant regional authority and the Minister for the Environment. Applicants for planning permission should be required to state if they have made a donation to a member of the authority within a specified time frame and the identity of the member in question. An independent Planning Regulator

Restoring public trust in the political process is not simply an issue for the Oireachtas. Local government must also be seen to adhere to the highest ethical standards in an open and transparent system. Planning corruption at a local council level explored by the Mahon Tribunal has been one of the most corrosive legacies of Irish politics in recent decades.

Declaration of Interest On-Line As of July 2012, only five of the 34 local authorities surveyed by TI Ireland had published councillors’ declarations of interests online. It is imperative that all local authorities publish these declarations of interests online in a prominent and accessible area of every local authority website. This new culture of openness and transparency should be at the heart of Local Authorities work. Furthermore an open, internet-accessible registration of donations and interests by local authority members will enhance transparency over the monetary interest of elected representatives.

“This new culture of openness and transparency should be at the heart of the Council’s work.”

29 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


New role for SIPO in Local Government Fianna Fáil believes that SIPO should be given a supervisory role in the enforcement process over Local Government, with the power to both take over existing investigations and initiate its own. This will bring Local Government into line with the Oireachtas and ensure active investigations into any potential wrongdoing.

Whistle Blower Legislation Introducing a formal complaint procedure with whistle-blower protection and creating an onus upon all Local Authority members and employees to report suspected corrupt activities. This will eliminate the threat of a culture of complicity with corrupt activity and protect those who expose wrong doing or gross mismanagement in the system.

“This will eliminate the threat of a culture of complicity with corrupt activity and protect those who expose wrong doing.”

Transparency over Conflicts of Interest New rules should require local authorities to publish information on the application and enforcement of conflicts of interest measures in their annual reports. Inevitably in public life conflicts of interest will emerge and it is important that these are dealt with openly with clear procedures to be followed by the parties involved.

“In keeping with the broader philosophy of open transparent government, archives at Local Authority level should be fully maintained and accessible to the public.”

Accessible Archives Archives ensure that the records of today are preserved for future generations. They offer an insight into the operations of government that will be of immense benefit and interest to historians. In keeping with the broader philosophy of open transparent government archives at Local Authority level should be fully maintained and accessible to the public.

Anti-Corruption Plans A 2010 internal audit found that 23 out of 34 local authorities had such plans in place, with some only in draft format. In addition, a TI Ireland survey in July 2012 found that only two of the 34 local authorities had such plans available on their websites. Fraud and anti-corruption alert plans should be implemented and placed online. Local authorities should be required to publish periodic reports on specific steps taken to implement these plans. These reports should be discusses at Council meetings and subject to debate.

“It is crucial that the scope for fraud or corruption is eliminated from public life and that citizens get value for money from their hard earned taxes.”

30 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


Revamped Auditing System It is crucial that the scope for fraud or corruption is eliminated from public life and that citizens get value for money from their hard earned taxes. Stringent auditing systems need to be put in place and maintained in order to ensure that potential corruption in procurement or other use of public money is avoided. Building on the existing structure the auditing committee should be similar to the Public Accounts Committee in the Oireachtas. It will be an integral part of the Council’s work, contributing to accountability and value for money. Adequate funding should be made available for on-going training and resourcing for an effective internal audit function in every local authority.

Open Declaration of Reasons behind Planning Decisions A mandatory public declaration of the reasons behind the council going against the advice of the County Manager on planning issues is a key part of underpinning a new integrity in Local Government. This will ensure greater transparency in the planning process and a broader range of information for the public to hold their representatives to account. Further recommendations on recording the intervention of councillors in planning permissions and providing notice of material contraventions also promote greater transparency without constraining councillors’ democratic powers.

“greater transparency in the planning process and a broader range of information for the public to hold their representatives to account.”

Planning Regulator A fundamental part of the Fianna Fáil vision for transforming how local government and its planning powers operate is the establishment of a truly independent planning regulator. The idea of a planning regulator is the biggest measure put forward by the Mahon Tribunal. The Mahon tribunal argued that the centralisation of power in “the centralisation the hands of the Minister for the Environment is an unhealthy development. A planning regulator should be of power in the established which will take some of that power away from hands of the the Minister. The Regulator would constrain the role of the Minister for the Minister and exist on a quasi-judicial scale with the power Environment is an to compel witnesses. The regulator should have powers in regard to planning enforcement already held by the unhealthy Minister not simply the advisory role the government has development.” put forward, the power to investigate problems in the system, with the capacity to compel witnesses and documents and make recommendations to address these. It must also be properly equipped to play a constructive educational role in the planning system.

31 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


CHAPTER EIGHT - Conclusion The Fianna Fáil vision for the reform of Local Government draws on the deep well of republican tradition and profound public spiritedness of the Irish people. It aims to radically disperse power away from the centre towards the citizen with a fundamental overhaul of the architecture of Local Authorities to achieve greater engagement and greater efficiencies. We do not believe that both are incompatible. Democracy should not be sacrificed in the name of efficiency and more importantly it does not have to be. A Local Government reform agenda that focuses solely on cuts and fails to take a broader view of the role of local democracy in our Republic is a far too narrow view of our state. We need to focus the problems we are currently experiencing and also look to the future to the kind of republic we want to achieve. Revitalising Local Government along the lines of republican values of democratic engagement amongst citizens is a core part of the Fianna Fáil vision of what that future should look like. In the future Local Government should play a leading role in promoting and facilitating local business allowing entrepreneurs to flourish in their local area. It must be responsive to the needs of the citizens, promote on-going democratic participation, establish strong leadership for the area and deliver services efficiently. It is a daunting challenge but one that we can rise to. Empowering Communities brings us to the roots of the traditions that make Ireland great, our strong sense of community and utilises them to get government working again from the bottom up.

32 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


APPENDIX 1 Local Government at a Glance - Facts and Figures •

There are 1,627 elected positions in Local Government in Ireland at county council, town council and Borough level. Putting People First brings this to 950 completely out of sync with the EU norm.

There are 114 Local Authorities in Ireland, composed of 75 Town Councils, 5 Borough Councils, 5 City Councils and 29 County Councils. Putting People First brings this to 31 out of line with the EU norm.

Ireland has the lowest number of councillors per head of population in the EU 15, with the UK in second place.

Local Authorities spent €4.65 billion in 2010 on current expenditure.

41% of Local Government Income in 2010 came from Central Government.

Local Authorities took €1.25 billion in Commercial rates in 2010 or 29% of revenue.

Over 30,000 people are employed by Local Authorities.

Local Authorities provide services in a number of key areas: roads and transport, housing, planning, environment, education, amenities, libraries and water.

The EU “subsidarity” principle of decisions being taken at the closest possible level to the citizen is enshrined by the 1992 Maastricht Treaty.

Ireland also signed up to the European Charter of Local Government in 1997 and ratified it in 2002, which asserts the integral role of local government in the democratic process.

33 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


APPENDIX 2 Local Government Reform Reports 1.

Barrington Report (1991)

2.

Better Local Government (1996)

3.

Devolution Commission (1997)

4.

Local Government Act 2001

5.

Green Paper on local government reform (2008)

6.

Local Government Efficiency Review Group Report (2010)

7.

Putting People First, Action Programme for Effective Local Government (2012)

34 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


APPENDIX 3 Average population per local authority unit Country

Number of local authorities

Average population of local authorities

France

36,783

1,500

Switzerland

2,758

2,500

Austria

2,357

3,500

Germany

12,340

6.500

Ireland (at present)

34

127,500

Canada

3,752

9,000

Finland***

336

15,500

Poland

2,793

13,500

Belgium

589

18,000

Denmark****

98

55,000

Sweden

290

31,500

Portugal

308

34,500

Netherlands

441

37,000

New Zealand

85

49,500

Northern Ireland (existing 26 councils)

26

65,500

Northern Ireland (proposed 11 councils)

11

154,500

UK

415

143,000

35 EMPOWERING COMMUNITIES A NEW VISION FOR REAL CHANGE IN LOCAL GOVERNMENT


BARRY COWEN TD SPOKESPERSON ON ENVIRONMENT AND LOCAL GOVERNMENT Constituency Office, Patrick Street, Tullamore, Co. Offaly. ✆ 057 932 1976 v 057 932 1910

0612

Dáil Éireann, Leinster House, Kildare Street, Dublin 2. ✆ LoCall: 1890 337 889 * cowenconstituencyoffice@gmail.com


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