Local democracy
Parish councils and democracy
Parish Councils (with Town Councils) form the lowest tier of local government. Above them are the District Councils, then County Councils In some areas Unitary Authorities combine the functions of district and county councils. At one time it seemed likely that the Devon County and District councils would would be replaced by a unitary but after much effort was put in to developing these plans they were abandoned.
On a larger scale there were Regional Assemblies, although these were swept away in March 2010. Some of the functions of the South West Regional Assembly were taken over by an organisation called the South West Strategic Leaders' Board but the Coalition Government has anounced that this is also to be scrapped. Then there is National Government. Parishes are therefore part of the democratic system of this country.
In May 2007 only six candidates stood for election in Lydford Parish. As the parish has a nominal seven councillors they were elected unopposed. A seventh member was co-opted to the council during the summer of 2007. In the period from May 2007 to July 2010 two of the councillors who occupied the position of chairman of Lydford Parish Council (LPC) stood for election the first time in 2007. Neither of these councillors had ever polled a single vote from a member of the public as no votes were cast in 2007 and they had not stood at earlier elections (when votes were cast). Unfortunately Lydford is not unique in this respect and it is fairly common for parish councillors, and even chairmen, to be elected without having a clear mandate from the voters.
Democracy might be defined as government by representatives elected by the people. This is distinct from an oligarchy which is rule by a small group of unelected people. Parish councils, even where the members are elected unopposed are regarded as part of the democratic system but how democratic they actually are is open to question. Perhaps one should judge more on how members manage the business of the council than if they are elected or not.
Given that the right to lobby one’s elected representative is a fundamental part of the democratic process, as is free speech, it is then perhaps surprising just how difficult it has been to get Lydford Parish Council to act on views of ordinary parishioners.
This has been particularly noticeable with the Lydford Parish Plan where various difficulties have been encountered. There is a separate section that includes an explanation of the deficiencies in the consultation process for the plan.
Return to top of pageStandards expected from councillors
Members of the public have a right to expect certain standards from those who claim to represent them. Openness, accountability and respect for others are basic principles of public life. Free speech is a fundamental part of our democratic system so members of the public should be able to ask questions and express opinions even when they differ from the views of elected representatives, including councillors. The Ten Principles of Public Life* form the basis for the standard of behaviour the public should expect from councillors.
The following extracts from the Ten Principles are relevant to members of the public wishing to take an interest in the workings of local authorities or who wish to lobby councillors on any matter:-
Accountability - Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities …
Openness - Members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.
Respect for Others - Members should promote equality by not discriminating unlawfully against any person, and by treating people with respect …
Leadership - Members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.
These apply to elected members of all councils including parish and town councils. The principles are of obvious relevance to the way in which Lydford Parish Council handles its business.
* The Relevant Authorities (General Principles) Order 2001
Return to top of pageProblems with accountabilty and openess
Problems with accountability and openness have been most obvious in the development of the Lydford Parish Plan. Minutes of the Parish Plan Steering Group were published for a while up to and including August 2007. After that formal meetings seem to have been abandoned in favour of informal ones for which no minutes are available. Hardly the best way to ensure openness and accountability in what was arguably a critical phase, the selection of questions for the final questionnaire.
One might expect better if Lydford Parish Council really was committed to following The Ten Principles of Public Life as these contain a clear obligation towards making information available to the public.
Other problems have occurred simply through asking questions at parish council meetings. A simple question was raised during parishioners time at the February 2009 LPC meeting. This was on an issue to do with an entry in the Register of Members' Interests. The entry was not at all clear and clarification was requested. The response was openly abrasive.
Worse unpleasantness occurred at the April meeting during the section on correspondence after a written communication displeased the councillors. The question was about membership of the Parish Plan Steering Group. This really is no way for councillors to respond to legitimate questions from a parishioner.
Return to top of pageBoundary Committee Proposals for Devon
The Boundary Committee is part of the Electoral Commission. On 3rd March 2008 they started a structural review of Devon to see if the existing two tier system of county council and district councils could be replaced with a unitary system. On 7th July they published draft proposals for unitary government arrangements in Devon. Consultation on this draft ran from 7th July to 25th September 2008.
The Boundary Committee's preferred option was to leave Plymouth and Torbay as unitary authorities in their own right, and to amalgamate Devon County Council and seven district councils into one unitary authority. In theory this should have been a more efficient arrangement leading to cost savings due to economies of scale. Some services, such as collection of waste for recycling, may have benefited from a unified approach whereas different district councils have different systems for collection and processing.
There were, of course, disadvantages not least for employees of the councils concerned. These proposals must have caused concern over job security. There were also concerns expressed over the reduced number of councillors. It was thought that a Devon unitary may have had 100 elected members. This might have been no bad thing if we got fewer, but better, councillors.
One downside of the proposals was that parish councils might have had a greater role to play. A greater role for parishes may sound like a good thing and indeed would be if they were all effective, modern, democratic organisations. Unfortunately many, like Lydford, have councillors who were elected unopposed or simply co-opted.
There are undoubtedly some excellent parish councils around but also some that are lacking. A problem arises where parish councils are not responsive to public opinion and fail to recognise the importance of openness, accountability, respect for the public and setting a good example. Devon County Council proposed 28 Community Boards to liase with the Devon unitary and this would have been a help in alleviating the effect of undue influence by those who do not have a mandate from the voting public.
The Boundary Committee were supposed to make a recommendation to the Secretary of State by 31st December 2008. This was extended to 13th February 2009 and then again to 15th July 2009. A legal challenge caused significant delay until finally on 10th February 2010 a press release from the Department of Communities and Local Government appeared. This press release explained that Exeter was to become a unitary authority as of 1st April 2011 with the rest of Devon (excluding Torbay and Plymouth) sticking with a system of County and District Councils.
After all the work that had gone into the Boundary Committee's proposals, after all the consultation, uncertainly for the public and councillors and worry for employees of the affected authorities, the proposals for Devon were again changed by the Coalition Government elected on 6th May 2010. On 26th May a press release, again from the Department of Communities and Local Government but this time under new masters, announced that the plans for an Exeter Unitary would be stopped immediately.
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