Supplementary written evidence submitted
by Emeritus Professor George Jones and Emeritus Professor John Stewart
Since submitting our previous paper on 1st
February we have reworked our proposed Code. We hope it will help
in the deliberations of the Committee.
Article 1 - Concept of Local Government
1. The primary role of local government, exercised
by local elected councils, is the government of local communities,
enabling their well-being.
2. Local government needs the powers and resources
under their own responsibility to carry out that primary role.
5. The primary accountability of local authorities
for the exercise of their responsibilities is to their local citizens.
Article 2 - Scope of Local Government
1. The basic duties and powers of local authorities
shall be prescribed by statute.
2. Local authorities will be responsible for developing
the involvement and empowerment of their communities and citizens
in public affairs
3. Local authorities shall have full discretion
to exercise their initiative on any matter not assigned by statute
to any other public authority.
4. Public responsibilities shall be exercised
by those authorities closest to the citizen.
5. Local authorities shall provide leadership to
public bodies in its area who will be accountable to local people
through the local authorities
6. Powers given to local authorities shall
be full and exclusive. They may not be undermined or limited by
any central or other authority.
7. Local authorities shall be consulted in
due time in the planning and decision-making processes of central
government for all matters which concern them directly.
Article 3 - Protection of Local Authority Boundaries
1. Changes in local authority boundaries shall not
be made without prior consultation of the local communities concerned.
Article 4 - Appropriate Management Structures
of Local Authorities
1. Local authorities shall be able to determine their
own internal management and political structures,
2. The conditions of service of local government
employees shall ensure the recruitment of high-quality staff on
the basis of merit and competence and adequate training opportunities,
remuneration and career prospects shall be provided.
Article
5 - Conditions under which Councillor Responsibilities are Exercised
1. The conditions of office of local elected
representatives shall provide for free exercise of their functions.
2. They shall allow for appropriate financial compensation
for expenses incurred and remuneration for their role and responsibilities.
Article 6 - External supervision of Local Authorities'
Activities
1. Any external supervision of the activities
of local authorities shall aim only at ensuring compliance with
the law.
2. External inspection and assessment should be initiated
by and reported to local authorities and their citizens
Article 7 - Financial Resources of Local Authorities
1. Local authorities shall be entitled to adequate
financial resources of their own, of which they may dispose freely
within the framework of their statutory powers.
2. Local authorities' financial resources shall
be commensurate with the responsibilities.
3. All the financial resources of local authorities
shall derive from local taxes and charges over which they shall
have the power to determine the rate. The only exceptions should
be grants designed to correct the effects of the unequal distribution
of potential sources of finance and of the financial burdens they
must support.
4. The financial systems on which resources
available to local authorities are based shall be of a sufficiently
diversified and buoyant nature to enable them to keep pace with
the cost of carrying out their tasks.
5 For the purpose of borrowing for capital investment,
local authorities shall have access to the national capital market.
Article 8 - Legal Protection of Local Self-Government
1. Local authorities shall have the right of
recourse to a judicial remedy in order to secure free exercise
of their powers and respect for the principles of local government.
March 2011
