Download NCTJ Public Affairs Study Guide: Local Government Structures and Functions - Prof. Shawn and more Exams Public Law in PDF only on Docsity!
NCTJ PUBLIC AFFAIRS STUDY GUIDE
Local government - types of council - correct answer 201 District councils (e.g. North Devon District Council) 27 County councils (e.g. Devon County Council) 55 Unitary authorities (e.g. Cornwall) 36 Metropolitan districts (e.g. Salford City Council) 32 London boroughs (E.g. Camden Council) +2 (City of London and Isles of Scilly) 353 major councils in England (excluding Parish/ Town councils - there are 9,000/ 10,000 of them) Two-tier authority - correct answer Structure of local government Two-tiers of governance - county and district/ borough Each tier has different responsibilities Most councils had this structure up until 1990 After 1990, loads of mergers took place and unitary authorities were created Hybrid authority - correct answer Structure of local government In areas where two-tier and unitary authorities co-exist E.g. Brighton and Hove City Council (unitary) exists alongside a two-tier structure of East Sussex County Council and several lower tier authorities, including Lewes district council Unitary authority - correct answer Structure of local government Integrated approach to governance, they run all local services Mergers after 1990's led to creation of these Combined authority - correct answer Structure of local government New tier of local government In nine areas (e.g. Greater Manchester, Liverpool City Region) Resources of two or more existing councils are 'pooled' Allows neighbouring councils to collaborate and make collective decisions (e.g. On transport which spans across multiple council areas) Get additional funding Powers of combined authority - correct answer Integrated transport authority Economic prosperity board Can borrow money on open market Elected mayors (e.g Burnham)
In Manchester, this authority controls the NHS budget and policing Cornwall Council - correct answer Created a unitary authority in 2009 Merger of one county and six district councils 123 members Boundary Commission proposed to reduce member numbers to 87 Budget = £1 billion + Metropolitan districts - correct answer Structure of local government Govern metropolitan (city) areas Effectively unitary authorities E.g. Greater Manchester, Merseyside Responsibilities of county councils - correct answer Education (schools, FE) Social services Highways Refuse disposal (landfill) Emergency planning Culture and leisure Strategic planning Passenger transport Unitary authorities run all of these Responsibilities of district/ borough councils - correct answer Environmental health Development control Housing and homeless Refuse collection and recycling Council tax collection Car parks Strategic planning Licensing Unitary authorities run all of these Local government services and Whitehall - correct answer For each service provided by a local authority, the authority works closely with the appropriate Whitehall department(s) Local: Highways Central: Dept. For Transport Local: Council Tax Central: Treasury and Dept. For Housing, Communities and Local Government
-Individual borough councils continue to provide day-to-day services Cabinet: -Elected mayor selects members, allocating portfolios -Cabinet members have signif powers to implement decisions -Doesn't always have to meet in public Committees: -Overview and Scrutiny committees - groups of councillors reflecting the portfolios of the cabinet and can challenge or advise cabinet members -Non-executive committees - oversee regulatory decisions (e.g. Planning) and can make lesser decisions independently All devolution deals require a DEM (except Cornwall) - the role gives clearer accountability over the powers, funding and function that is devolved from national to local level Six dems were elected to combined authorities in 2017 Democratic chain - correct answer Electorate chooses councillors (i.e. 'Members') Councillors make decisions (set policy) Officers implement policy (run services) Local government / central government equivalents - correct answer Central Government v. Local Government Member of Parliament = Councillor Constituency = District or 'ward' Civil servant = Officer Cabinet secretary = Chief executive House of Commons = Council Chamber Prime Minister = No perfect equivalent (Leader or DEM similar) Mps are salaried/ Councillors are not salaried Mps hold office for 5 years/ Councillors hold position for 4 years Cornwall Council pelliptically - correct answer Election was in 2017 Lib Dems and Independents control Leader = Julian German, Independent Deputy Leader = Adam Paynter, Lib Dem 'Old-style' committee system - correct answer 'Alternative arrangements' Committees make policy decisions and they are approved by the full council
Local Government Act 2000 - correct answer Prior to this Act being passed, all councillors took part in council decisions - there was more debate in the chamber Old-style committee arrangement for governance was replaced in most places by executive arrangements, either by a Leader and cabinet model or a DEM and cabinet model Executive style decision making - correct answer -Leader and Cabinet model or DEM and cabinet model -Policies are devised by 'front-bench' councillors in Cabinet -Then scrutinised by overview and scrutiny committees and non-exec committees -Then approved by full council Councillors' allowances - correct answer Councillors are not salaried Available to all Vary depending on role Modest payment for meeting attendance Published to Cornwall Council website Two types: -Basic allowance -Special responsibility allowance There are other allowances available to councillors with children Basic allowance - correct answer Flat-rate annual payment for all councillors National average is £ Special responsibility allowance - correct answer Payments for councillors holding special posts E.g. Cabinet members Councillor expenses - correct answer Cover reasonable costs incurred by position E.g travel, accommodation, subsistence (food), phone bill subsidies Regulating councillors' allowances - correct answer Allowances are set by an independent remuneration panel of at least 3 people (no councillors) Levels of allowance vary dramatically between authorities Councillors are not obliged to follow their recommendations Regulating standards in local government - correct answer Standards are regulated separately Usually regulated by a Standard Committee, with members appointed by councillors Decision notices are published online Every council must draw up a new code governing members' conduct
Baron de Montesquieu -Executive (Government - group of people with authority to govern country or state) -Legislature (Parliament - highest legislature, consisting of the sovereign, the House of Commons and the House of Lords) -Judiciary (Courts) In practice, in UK, these overlap - Cabinet sit in Parliament Royal Prerogative - correct answer Body of customary privileges and powers historically acquired by the reigning monarch Prerogative powers - correct answer Mixture of actual and notional powers deriving from the Royal Prerogative Exercised by the monarch or by ministers Mostly exercised by the Prime Minister Actual prerogative powers - correct answer Mostly ceremonial -Titles:
- Head of State
- Commander-In-Chief of Armed Forces -Supreme Governor of cofe -Head of Exec -Head of Judiciary -Head of Legislature -Head of Commonwealth -Chairs Privy council -State visits -Read the Queen's speech -Entertains visits to the Head of State -Creates Peers and confers honours Notional prerogative powers - correct answer Enacted by the PM or Govt. -Devises legislative agenda and writes Queen's speech -Issues royal pardons -Declares war and peace -Nomination for peerages and honours -Dissolves/ summons/ prorogues Parlt. -Appoints ministers and others -Gives the royal assent to bills Where is the constitution documented? - correct answer Statutes Conventions
Treaties Treatises Case law Statutes - correct answer Acts of Parliament Examples: -Magna Carta 1215: -Rule of law -Right to trial -Bill of Rights 1689 -Parliamentary sovereignty -Parliamentary Privilege -Act of Settlement 1701 -Rules governing succession to throne -Catholic heirs or those married to Catholics couldn't inherit throne -Abolished in 2013 -Acts of Union: -1706/7 - United England/ Wales and Scotland -1800 - United Great Britain with Ireland -1922 - Anglo-Ireland Treaty - Ireland divided -Human Rights Act 1998: -18 rights -Laws must conform to European Convention on Human Rights (ECHR) -Conservatives pledged to abolish this since 2010 and replace with a Bill of Rights and Responsibilities tailored specifically to the UK Parliamentary Privilege - correct answer mps sitting in the House of Commons or Peers in the House of Lords can make accusations without fear of prosecution for defamation Bill of Rights 1689 established this rule Certain words still unacceptable, e.g. 'Liar' - during Brexit negotiations in 2019, some mps in the House of Commons were accused of exploiting their privilege and acting in an unparliamentary way Conventions - correct answer Traditions and customs that have become fabric of constitution often by mere repetition Sometimes absurd and well-worn E.g. Ministerial responsibility and 'Gentleman with theb Black Rod' Case law - correct answer Also known as precedent or common law Laws decided on a case by case basis that become part of the constitution It was the method used before the notion of parliamentary democracy was present in the UK - judges would establish laws case by case - mostly in the medieval times Treatises - correct answer Wise scholarship
About 15% of net revenue from Royal Estates - in 2019/20 it was 82.4 million Privy purse - correct answer Income generated by the Queen's private estate, the Duchy of Lancaster - 18,268 acres - 'owned' by the monarch In 2017/18 it was £20.1 million Personal - correct answer Royals are free to work and earn income They must pay income tax E.g. Charles' biscuits E.g. Charles, William and Harry all served in the Armed Forces The Queen pays VAT and council tax, and income tax since 1993 Unitary democracy - correct answer The UK has one of these Through the Acts of Union (1706/7, 1800 and 1922) United Kingdom of Great Britain and Northern Ireland I.e. Not federal like the US where each state has significant powers to do what it wants Devolution - definition - correct answer The transfer or delegation of powers to a lower level, especially by a central government to local or regional administration Government of Scotland Act 1998 - correct answer Scotland started to receive devolved powers over governance in their country There have been 2 more since, in 2012 and 2016 The Scottish Parliament opened in 2004 in Holyrood Scotland was traditionally a Labour heartland but pressure grew for the country to gain independence after years of Conservative rule - the Scottish Nationalist Party broke the voting mould in 2007 when they won a majority in Scotland In 2014, a referendum on Scottish independence called by then leader of the SNP, Alex Salmond, resulted in a 'No' with 55.3% of voters opposing independence - Brexit led to calls for a 2nd referendum on Scottish independence The Scottish Parliament - correct answer Established under the Govt. Of Scotland Act 1998 In Holyrood - the building was built in 2004 129 Members of Scottish Parliament SNP governs with 63 msps Leader of SNP = Nicola Sturgeon Scotland - devolved powers - correct answer -Education and training -Agriculture, forestry and fisheries -Local government
-Housing -Many aspects of transport -Sports and the arts -Law and Order -NHS Funding -Health and Social services -Tourism and economic development Government of Wales Act 2006 - correct answer Established the National Assembly for Wales Gave Wales devolved powers There have been two more since, in 2014 and 2017 National Assembly for Wales - correct answer Based in Cardiff Members = Assembly Members (ams) Wales - devolved powers - correct answer -Food -Agriculture, forestry, fisheries and rural development -Culture -Economic development -Education and training -Environment -Fire and rescue services -NHS Funding Northern Ireland Devolution - correct answer Ignited by signing of historical peace agreement between the DUP and Sinn Fein in 2007 NI received devolved powers The Northern Ireland Assembly - correct answer Based on Stormont estate in Belfast Members = Members of the Legislative Assembly (mlas) Northern Ireland - Devolved powers - correct answer -Police and Justice The 'West Lothian' question - correct answer Also known as the English Question Should there be a separate English Assembly or English Parliament? Raised in 1970s by MP Tam Dalyell Imbalance in system - policy relating to English only matters are voted on by mps from Wales, Northern Ireland and Scotland Named after the constituency of MP (now Baronet) Tam Dalyell Prime Minister - correct answer Boris Johnson - elected in December 2019 Most senior minister Leader of the largest party in the House of Commons Exercises most of the notional prerogative powers:
Ministers are expected to endorse the Government's programme in the public, even if they disagree with specific ideas House of Commons - correct answer The 'lower' house of our 'bicameral' (two chamber) Parliament Debates chaired by Speaker (Sir Lindsay Hoyle) Record of debates = Hansard (nearly verbatim, except obvious errors) 650 members (plans to reduce to 600 were abandoned) All members elected in general election House of Commons politically - correct answer Conservatives = 365 Labour = 202 SNP = 47 Lib Dems = 11 DUP = 8 Profile of House of Commons - correct answer Average age = 50 Males = 442 Females = 208 Longest unbroken service/ 'father of the house' = Kenneth Clarke, Conservative MP for Rushcliffe, 77 What happens in the House of Commons? - correct answer -mps question ministers (including PM in pmqs) -mps scrutinise, debate and vote on bills the govt. Wants to become laws (Acts/ statutes) -mps raise issues of concern to their constituents -mps can initiate legislation (rare) Members of Parliament - correct answer Each represents a constituency (there are 6 seats for Cornwall in HOC) Holds seat for up to 5 years Each (usually) belongs to a party Salary = £81,932 (2020) Some are in Cabinet/ Government Some opposition mps (those in the second largest party) form the Shadow Cabinet The rest are backbenchers (Conservative = 1922 Committee and Labour = Parliamentary Labour Party) Mps duties - correct answer Constituents: -Hold weekly 'surgeries' (speaks to constituents about their concerns regarding Parliament and policy) -Ask written or oral questions on behalf of constituents at pmqs -Write to ministers to voice/ resolve constituent concerns
-Introduce bills or table debates of their own (e.g. Private Members Bills) Party: -'Toe the party line' -Adhere to party ideology (vote for motions and proposed legislation) -Benefits: get backing of party machine, including financially -Problems: have to do what the whip (party enforcer) tells you -Backbench rebellions have become more common - its a way to get voice heard Parliament: -mps have to be members of one or more select committees which scrutinise government and legislation Types of primary legislation - correct answer Public bills: Affect the whole population (e.g. Coronavirus Act 2020) Private bills: Affects specific groups or localities (e.g. Relating to transport in an area) Hybrid bills: Affect the general public but have signif impact on specific groups or localities - combination of public and private bills (e.g. High-Speed Rail (London - West Midlands) Act 2017) Private Members Bills (pmbs): Affect the whole population so are effectively public bills but they are introduced by mps or Lords who are not in the government, e.g. By a backbencher (e.g. Abortion Act 1967 introduced by then MP David Steel) Secondary legislation - correct answer Also known as delegated legislation Often takes the form of statutory instrument Powers given to ministers by Acts of Parliament allow them to enact laws in detail How laws are made - correct answer First versions appear as green and white papers
- First reading in the House of Commons (title read out)
- Second reading in the House of Commons (principles discussed and voted on)
- Committee stage (discussed in detail)
- Report stage (Committee recommends amendments)
- Third reading in the House of Commons (final stage in Commons)
- Goes to House of Lords - it goes through a similar process as above
- Amendments put to House of Commons
- Bill given Royal Assent Bills currently in Parliament - correct answer Coronavirus Act 2020 (given Royal Assent)
-Do immigrants exploit welfare system? Money: -We pay lots into EU -How much is trade worth? -We receive rebates/ grants -Knock on effect of loss of economic stability after Brexit - NHS, Britain will be poorer - esp. Because of Covid Debt Crises: -Greek crisis -Big bailouts Labour shortages: -Rotting crops -Lack of NHS staff Trade: -Potential for trade deals across the globe -Leaving the single market Loss of business grants Long, complex process and not guaranteed a good deal Eurosceptic - correct answer Also known as a Europhile Person opposed to increasing powers of the EU Superstate - correct answer Large and powerful state formed from a federation or union of states Sovereign debt crisis - correct answer Economic and financial problems caused by the (perceived) inability of a country to pay public debt Schengen Area - correct answer 26 countries Abolished passport and immigration controls at their common borders Functions as a single country for international travel purposes Common visa policy European single market - correct answer Eu's barrier free economic space created after 1985 Guarantees free movement of goods, capital, services and people in the EU Article 50 - correct answer Clause in EU's Lisbon Treaty (2009)
Outlines the steps for a country to take when leaving the EU bloc voluntarily Kick-starts the formal exit process Eurozone - correct answer 18 countries Those countries in the EU that use the Euro as their common currency Monetary rules are created and maintained by the European Central Bank in Frankfurt Latvia was latest to join in 2014 European Union - correct answer 28 states 500 million people Once was the European Economic Community (EEC) Eurozone EU Key institutions - correct answer -European Commission (33 commissioners are 'proposed' causing democratic deficit) -Council of Ministers (senior ministers from member states - has final say on policy) -European Parliament (Where meps sit) -European Court of Justice (not to be confused with European Court of Human Rights) -Council of Europe -European Court of Human Rights Rights of journalist - Legislation - correct answer Local Government (Access to Information) Act 1985 gave press and public right to all council, committee and subcommittee meetings, unless information was 'confidential' or 'exempt' Local Government Act 2000 introduced signif limitations on press and public right to access meetings who have new 'executive' style decision making - cabinets could meet in private Local Government Act 2011 increased transparency - compels councils to hold all meetings in public, including cabinet and executive meetings, other than in exceptional cases - cabinet can still meet in private if information is 'confidential' or 'exempt' Rights of journalist and access to information - correct answer -Right to agenda papers -Right to public register -Right to watch proceedings/ reasonable accommodation -Right to meeting minutes -Right to register of planning applications -Right to records of payments made to councillors -Right to background papers -Right to general financial information -Right to councillor code of conduct -Right to copies of reports into allegations of maladministration by Local Government Ombudsman
-crime prevention -information protected by legal privilege -negotiations -some commercially or personally sensitive information (e.g. Contract) 'Confidential' matters relate to: -secret government information or prohibited for legal reasons (e.g. Under Official Secrets Act) A 2009 court case confirmed that some commercially sensitive information does not come under the classification of 'exempt' or 'confidential' When can executive/ cabinet meet in private? - correct answer -To maintain orderly conduct or prevent misbehaviour at the meeting -There is a legal obligation to keep information confidential Audit Commission Act 1998 - correct answer Press and public have right to inspect and copy council accounts Includes all books, deeds, contracts, receipts, vouchers relating to them They must be a 'person interested' e.g. A local taxpayer Access to council accounts - correct answer Audit Commission Act 1998 gives right to inspect and copy council accounts Not allowed to view accounts or documents relating to/ including personal information of council employees Audited accounts of authorities with budget of £6.5 million+ must be open for a least 20 days and this must be advertised in advance Freedom of Information Act 2000 - correct answer Passed in 2000, enacted in 2005 Applies to public authorities (covers around 100,000 authorities) - companies wholly owned by public body Some private organisations with some work designated as public are included (e.g. A private clinic doing some NHS work) Covers recorded information: -written documents -emails and computer records -letters and memos -handwritten notes -maps -photographs -audio and video cassettes Environmental Information Regulations 2004 - correct answer Gives the public access to information about the state of their natural environment, particularly in relation to potential hazards such as pollution
Making an FOI request - correct answer -Check if it's in the authorities 'publication scheme' (is it already or imminently going to be published?) -Make application in writing (via email or letter) -Keep a copy and date it -Provide your real, full name -Provide a reply address/ contact details -Contact the authority directly -Be as clear as you can about the information you are looking for -Body has 20 days to respond - they may refuse, ask for more time or give the info FOI exemptions - correct answer -Absolute exemptions -Qualified exemptions -Exemptions due to cost Absolute exemptions - correct answer -Information is already accessible -Matter of security (MI5, MI6, SAS, GCHQ) -Info given to authority in confidence -Personal information -Court records Qualified exemptions - correct answer When considering whether to disclose information, an authority must decide whether disclosing it would be in the public interest, or whether refusing it would be in the public interest - balance -Authority intends to publish it -Relates to policy formation -International relations -Economic interests (UK or Government) -Law enforcement information Cost exemptions - correct answer If cost of providing the info/ collecting the info is less than £450, then it should be provided free of charge If cost is more than £600, authority can refuse or charge the full cost Appealing a FOI request - correct answer 1. Complain to the authority
- Complain to the Information Commissioner's Office (ICO)
- Complain to the Information Tribunal If dissatisfied with authorities response, complain to authority If the authority fails to respond, refuses to allow reuse of the information, charge an incorrect fee or places unnecessary restrictions on reuse, complain to the Information Commissioner's Office (ICO) If the ICO offer an unsatisfactory response, complain to the Information Tribunal
