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Annex A Introduction and Context

Role of Community Councils

1. Community Councils form the most local tier of statutory representation in Scotland. They were originally created by the Local Government (Scotland) Act 1973 and were intended to bridge the gap between local authorities (which were being reduced in number at that time from over 400 to 65) and local communities and to help make local authorities and other public bodies aware of the opinions, needs and preferences of the communities that they represent. The 1973 Act required local authorities to introduce community council schemes for their area and gave them a large degree of freedom to tailor their scheme to the particular circumstances of their area. There are currently around 1160 active community councils in Scotland and these only exist where volunteers are prepared to represent their community in this way. Some areas in Scotland are not currently covered by a community council.

2. The primary purpose of community councils is to ascertain and express the views of the community that they represent. However, in addition to their primary role, many community councils involve themselves in a wide range of other activities for the benefit of their community. The Scottish Government are aware of several community councils who, in discussion and agreement with their local authority, undertake expanded roles and responsibilities. Examples of some of these roles/responsibilities are as follows:

• Monitor and report any defects in public roads and associated drainage issues
• Monitor and report coastal erosion
• Monitor the condition of public buildings, footpaths, lighting etc
• Monitor and report anti-social behaviour
• Arrange minor repairs of certain local authority amenities
• Report unsafe buildings
• Administer the maintenance of all burial grounds
• Identify uses for vacant local authority properties
• Name any new roads in local authority area
• Identify road safety issues
• Control of Common Good funds
• Environmental issues i.e. parks, litter, street sweeping, Christmas decorations
• Community Hall management/maintenance

Background

3. In November 2005 the previous administration issued a discussion paper entitled "What can we do to help Community Councils Fulfil their Role?". The Paper was part of a wider information gathering exercise and played a key role in identifying specific obstacles faced by Community Councils, as well as examples of good practice.

4. The focus of the review was to look at what steps could be taken to support community councils in their role as representative bodies for their community area, and what could be done to improve their operational effectiveness. This included looking at the effectiveness of the legislation which provides for the establishment of community council schemes; the content and detail of current community council schemes; the rules governing community council elections; ensuring that community councils are genuinely representative of the communities that they represent; their interface with the local authority decision making process; funding and support including the provision of training; whether there is a need for a code of conduct for community councillors; and the process for engaging in national issues.

5. Details of this review including the full analysis of the responses to the discussion paper along with the resultant recommendations can be found at: www.scotland.gov.uk/Topics/Government/local-government/CommunityCouncils/CurrentReview

6. After careful consideration of the recommendations made to them as a result of the review, Scottish Ministers from the previous administration decided to form a short life Working Group to take this work forward. This resulted in the formation of the Community Council Working Group (CCWG) in May 2007. The Group is Chaired by the Scottish Government and the membership consists of local authority and community council representation from 7 local authority areas (geographically and demographically spread over Scotland), plus representation from the Convention of Scottish Local Authorities (COSLA), the Association of Scottish Community Councils (ASCC) and the Society of Local Authority Lawyers and Administrators (SOLAR).

7. The agreed initial remit of the CCWG was to take forward the key recommendations arising from the 2005/06 review of community councils focusing on the following 3 outcomes:

• Produce a Model Community Council Scheme for Local Authorities;
• Produce a Code of Conduct for Community Councillors; and
• Produce Good Practice Guidance for both Community Councils and Local Authorities.

Full details of the CCWG and the work undertaken by them can be found at: www.scotland.gov.uk/Topics/Government/local-government/CommunityCouncils/ComCounWrkGrp

8. It was agreed that the Good Practice Guidance being produced by the Group was not appropriate for consultation purposes, as this will continue to evolve with community councils. This piece of work continues to be taken forward and it is anticipated that the final document will be available alongside the finalised Model Community Council Scheme and Code of Conduct for Community Councillors.

Consultation Documents

Model Scheme of Establishment of Community Councils

9. Section 1 of the discussion paper "What can we do to help Community Councils Fulfil their Role?" sought views on the legislative framework for community councils. The responses to the review highlighted that there was general support for greater consistency across local authority areas but that flexibility to address local issues should be maintained. The responses in this section were summarised as follows:

• There is some support for greater consistency between schemes particularly with regard to meetings, elections and funding arrangements
• There is significant support for non-legislative measures such as guidance and models which allow flexibility between areas to be retained
• The introduction of multi-member wards is a concern for many community councils
• The question of corporate legal status is divisive as to whether it would protect/deter community councillors

10. As a result of the above the CCWG took forward the recommendation to;

" Draw up a Model Community Council Scheme for use by Local Authorities".

11. It was agreed from the outset that the Model Scheme should be developed with a view to the finalised Model Scheme providing a basis for local authorities to adopt, should they wish to do so, to allow for parity and consistency throughout Scotland. It was also recognised that due to varying geographic and demographic circumstances, each individual local authority and community councils in their area, should have the ability to reflect, where appropriate, local circumstances.

Code of Conduct for Community Councillors

12. The Ethical Standards in Public Life etc (Scotland) Act 2000 introduced a new ethical framework for members of devolved public bodies and councillors in Scotland. Section 32 of the Act permits Ministers to impose a Code of Conduct on such Scottish public bodies as they determine. No such Code currently exists for Community Councillors although a number of local authorities have introduced a local code.

13. Section 5 of the discussion paper "What can we do to help Community Councils Fulfil their Role?" sought views on a Code of Conduct for Community Councillors. There was overall support for the introduction of a Code of Conduct for Community Councils but mixed views on the method of introduction and the enforcing body. The responses to this section were summarised as follows:

• There was strong support for a code of conduct, although different views as to whether it should be statutory or based on a model framework
• There were some concerns that a code would be inappropriate for volunteers, difficult to enforce or a deterrent to potential community councillors
• There was a preference that breaches of a code be investigated at a local level rather than involve the Standards Commission

14. As a result of the above the CCWG took forward the following recommendation;

"A Code of Conduct should be introduced for Community Councillors. The Scottish Executive should draw up a draft Code and consult on its terms and in doing so, seek views on whether or not it should be statutory or non-statutory and who whether the local authorities or community councils themselves would be best placed to enforce it."

15. The Code of Conduct for Community Councillors produced by the CCWG is based largely on the Code of Conduct for local authority councillors and relevant public bodies as provided for in The Ethical Standards in Public Life etc (Scotland) Act 2000. It was agreed that a Dispute Resolution clause, for inclusion in the Model Scheme, would be considered as proposed in the above recommendation, i.e. after seeking views as part of this consultation process.

Responding to the Consultation

16. The Scottish Government, on behalf of the CCWG, would welcome your views and comments on the questions incorporated in the consultation documents. We would be grateful if you could forward the responses no later than Friday 1 August 2008 to:

Responses can also be sent electronically by e-mail to: CommunityCouncilConsultation@scotland.gsi.gov.uk

If you have any general enquiries regarding this consultation or require paper copies of electronic information contained within the consultation documents, please contact Anna Gilbert on 0131 244 2794.

So that we know whether or not you are happy for your response to be made public, please ensure that you complete the Respondent Information Form ( Annex B) and return it along with your comments.

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