| CHAPTER 6 |
| RELATIONS WITH LOCAL GOVERNMENT AND OTHER BODIES |
6.1 This Chapter sets out how the Scottish Parliament and Scottish Executive will relate to local government and other public bodies in the new Scotland. Local government, representing as it does communities throughout Scotland, is of particular importance. There is also a range of public bodies listed in Annex A which have a significant role in Scotland’s life; these include the National Health Service in Scotland and other health bodies.
General principles
6.2 In establishing a Scottish Parliament to extend democratic accountability, the Government do not expect the Scottish Parliament and its Executive to accumulate a range of new functions at the centre which would be more appropriately and efficiently delivered by other bodies within Scotland. The Government believe that the principle that decisions should be made as close as possible to the citizen holds good within Scotland as it does within the United Kingdom.
6.3 The Government believe that the new arrangements should be based on the following principles:
• the Scottish Parliament should set the national framework within which other Scottish public bodies operate;
• local authorities, NDPBs and other Scottish public bodies should be open and accountable to the Scottish people either through the Scottish Parliament and its Executive or in the case of local authorities directly through local elections.
6.4 The establishment of a Scottish Parliament will provide an opportunity to re-examine the roles and responsibilities of some of these bodies. The Government recognise that the relationship between the Scottish Parliament and Scottish Executive and local authorities is particularly crucial to the good governance of Scotland and the effective provision of services to its people. That is why the Government will shortly establish an independent committee to study how to build the most effective relations between the Scottish Parliament and Scottish Executive and a strong and effective local government. The committee’s report will be laid before the Scottish Parliament.
Local government
6.5 The Scottish Parliament will have general responsibility for legislation and policy relating to local government. The Scottish Parliament will have the power to set the framework within which local government operates and to legislate to make changes to the powers, boundaries and functions of local authorities. The Scottish Executive will be responsible for supporting local authority current expenditure and for controlling and allocating capital allocations to Scottish councils. It will also be responsible for the system of local taxation.
6.6 The Government believe the Scottish people will be served best by a Scottish Parliament and Scottish Executive working closely with strong democratically elected local government. The Government demonstrated their commitment to local government by signing the Council of Europe Charter of Local Self-Government on 3 June, only a month after coming into office. It will be for the Scottish Parliament and its Executive to determine the details of their relationships with local authorities and funding and taxation arrangements for local government in the light of developments between now and the establishment of the Scottish Parliament, and the recommendations of the independent committee.
Public bodies
6.7 The Government recognise that some executive functions of government are best delivered by public bodies established for the purpose provided that democratic accountability is ultimately retained by Ministers. However the Government are concerned at the extent to which Scotland’s vital public services are now run by unelected bodies.
6.8 The Scottish Executive will have responsibility for all Scottish public bodies whose functions and services will be devolved, and will be accountable to the Scottish Parliament for them. The Scottish Executive will assume the responsibilities of Ministers of the Crown in relation to these bodies. The Scottish Executive will be required to put arrangements in place to ensure that appointments to Scottish public bodies are subject to independent scrutiny and conform to the Commissioner of Public Appointments’ Code of Practice.
Health bodies
6.9 The Scottish Parliament will be responsible for ensuring that the needs and priorities of Scotland are reflected in the development of the National Health Service in Scotland. It will be for the Scottish Parliament to decide the details of its relationship with health bodies, including funding arrangements.
6.10 Overall, the Government intend that relationships between the Scottish Parliament and its Executive and local government and other public bodies should be complementary, with the emphasis on solutions which give the best possible service and value for money to the people of Scotland. The Government wish to leave detailed arrangements for the Scottish Parliament and its Executive to develop for themselves.