Do delegated powers weaken consultation?

TCI Commentary:

This story illustrates communities’ fears that delegating decisions to local government officers can undermine a consultation.

In the National Health Service decisions are almost always entrusted to officials. Only in elected Councils is there a debate about delegation and what must be reserved for elected members to determine.

Here the argument runs that only Councillors can truly weigh up the relative merits of consultee viewpoints. Officials, it is argued, can ignore persuasive opinions without being directly accountable for their actions. On the other hand, officials who regularly place their Councils on the unpopular side of the argument will surely face scrutiny from the leadership.

Where to draw the line?

The Edinburgh story captures the essence of this dilemma.

 

Article:

The city council has been branded a “disgrace” after agreeing to allow non-elected officers to shut roads without decisions being scrutinised by councillors.

Officers can now use delegated powers to make traffic regulation orders (TROs) “where there have been not more than six material objections”. But Liberal Democrat and Conservative councillors objected to the proposals put forward by the Greens and backed by the SNP-Labour coalition.

A TRO can now be approved by officers without having to come before councillors with a detailed report after fears were raised that the process can hold up work by 12 to 18 months.

Last month it was revealed that only 36 per cent of scheduled prioritised road projects were expected to be finished by March, although projects carried over from previous years were also being completed. There is also an £8.35m underspend on the council’s capital roads projects – money which remains untouched.

Green Cllr Melanie Main, who tabled the amendment, asked to “delegate decisions where there are a small number of objections”.

She added: “The timescale for delivering a traffic regulation order is listed as 12 to 18 months.

“The waiting list and the backlog to these hundreds of jobs that are outstanding is growing. This can add many, many months to the time it takes to get work started.

“The TRO process already has built into it, two consultation periods and statutory consultees. It’s time for us to support our officers by trusting them to make decisions and do the work we have been asking for.”

The proposals were backed by transport and environment convener, Cllr Lesley Macinnes.

She said: “I think we need to find some means with dealing with particular aspects of TROs which are holding up work. We need to move on this – it’s one aspect of it.

“I have a meeting with the Cabinet Secretary at the beginning of the new year and this is certainly one of the topics that I will be raising with him. There are many reasons for delays. This is one we can sort quickly and simply. I think there’s a plea to trust our officers to deal with these.”

But other opposition parties voted against the proposals, hitting out at a lack of consultation and notice.

 

This article originally appeared on Edinburgh News

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

Shopping Basket
Scroll to Top

Your membership questions answered

View our frequently asked questions or contact our dedicated account manager for further support.

You can reset your password here. If you’re still having issues, please send us a message below.

We have many ways you can pay for your membership.

  • Credit card
  • Online
  • Invoice
  • PO

You can renew/upgrade your membership here.

To find out more, send us a message below.

You will receive a reminder email from our dedicated membership account manager 4 weeks before your renewal date. This email will contain all the information you need to renew.

You can also renew your membership online here.

You can update your contact details here. Alternatively, please send a message to our membership account manager below.

Please send a message to our membership account manager below. 

Still need support?

Our dedicated Membership Account Manager is on
hand to assist with any questions you might have.

Request a callback

Leave a message and our team will call you back

"*" indicates required fields

Name*

Send us a message

We’ll be in touch with you soon.

Name(Required)
Email(Required)