In case it wasn’t obvious, the chances of any significant local government reform – considering the current and expected state of local government finances – are as good as dead, rendering this whole series of posts more pointless than usual.
If you weren’t bored by the financial stuff in the previous piece, then prepare to be further underwhelmed by this examination of “the even-more-boring” practicalities of reforming local government.
So, what would need to be considered for local government reform to fall into place?
Everything – down to desk level – would need to be carefully planned and prepared several years before reforms came into effect.
The constitutional framework – This only matters in terms of devolution or federalism (A Federal Wales). A Welsh constitution (or constitutional law) would need to set out the separation of powers between different tiers of government, dispute resolution arrangements, what the Senedd can or can’t do to intervene in a lower tier of government and certain administrative matters like electoral systems and ground rules for standing orders in provincial assemblies etc.
The legislative framework – This matters more for local government reform without devolution. It would likely take the form of a Local Government Act which would set out precisely how local government would be reformed including timings, administrative arrangements, financial arrangements, boundary reviews and leadership (i.e. directly-elected mayors).
Shadow authorities – This is what happened in Wales before 1996 and was proposed for shelved local government reform plans in the 2010s. A “shadow authority” would be appointed (or elected) a few years before a new council/unit of local government comes into place in order to make key decisions beforehand. They would presumably hold consultations on certain matters as well (i.e. name of the authority, a new constitution). It would also ensure that local government services can continue to carry on unaffected while most of the reform work happens in the background.
Referendum? – Devolution or federalism within Wales may require a referendum as it alters the constitution and creates a new tier of law-making legislatures. It could be imposed without a referendum, of course, and form part of a new Welsh Constitution after independence – though I doubt that idea would be universally popular, hence going to the people to “ask for permission”.
Asset assignment and transfer – This would include deciding where the new units of local government would be headquartered, to which body the assets of the “old” councils would transfer (probably via a complicated set of legal negotiations), division and apportionment of debt and liabilities, preparing tax and fee-collecting administration (where applicable). You get the picture.
Staff assignment and transfer – You would expect this to happen under TUPE regulations. Frontline staff and certain key workers (i.e. teachers, social workers) would transfer from one authority to another with few problems; some additional roles may even be created. Where things would get complicated is at the management and administration levels – more on that later.
Democratic services – This would include a boundary review, preparing for the first elections to the new authorities, making arrangements for broadcasting, simultaneous translation and offices/office equipment etc. The system of committees and boards would be established by the shadow authorities and then be ready for the first intake following elections. You can also include branding/re-branding, changes to communications and online presence/websites (Part IX).
Abolition and merger of associated public bodies – Possibly as suggested below:
The first elections (Part IX) – Presumably all arrangements would need to be put in place at least 4-6 weeks before the first scheduled elections.
 How long could local government reform take?
There’s the “ideal timescale” – the length of time that reform would ideally and neatly take – and the “real world timescale” which is perhaps closer to reality.
The “ideal timescale” would be a single parliamentary term with a new structure in place by the mid-point of the next parliamentary term in which local elections are due. So in total, anything between 6-7 years, with shadow authorities elected or appointed at least 2 years before the new councils take over.
For want of comparison, the creation of unitary authorities in the 1990s took around 5 years from the first reviews by the Welsh Office to the 22 unitary authorities coming into being.
The two-tier reforms of the 1970s took the best part of 15 years. That’s from the first commissions and reports, through to getting the Local Government Act 1972 through the UK Parliament.
The Williams Commission timetable (Part III) expected local government reform to be completed within 5 years. However, merging local authorities would arguably be “simple” compared to the kind of reforms I’ve suggested in previous parts (Part V, Part VI, A Federal Wales IV).
A “real world timescale” would perhaps be two-and-a-half parliamentary terms, which could be anything between 10-12 years. This kind of timescale may only be needed for the most radical reforms. Maybe I’m just being pessimistic.
