LOCAL GOVERNMENT BOUNDARY COMMISSION FOR ENGLAND
Background information
Contents
About the Local Government Boundary Commission 2
Role of the Commission 3
Relationship with local government 4
Chair and Members 5
Useful links to further information 6
Annex A - Role of the Speaker’s Committee 7
Annex B - Electoral review process 9
About the Local Government Boundary Commission
Mission, aims and objectives
Mission
To create the foundations for effective and convenient local government in England.
Aims
o Providing equity and fairness in local electoral arrangements.
o Ensuring local government structures reflect communities and support efficient service delivery.
Objectives
o To provide electoral arrangements for English local authorities that are fair and deliver electoral equality for voters.
o To keep the map of English local government in good repair and work with local authorities to help them deliver effective and convenient local government to citizens.
The Local Government Boundary Commission for England is a Parliamentary body (established on 1 April 2010) by the Local Democracy, Economic Development and Construction Act 2009[1].
Broadly speaking its functions are:
o To review and implement changes to the electoral arrangements of local authorities – the number of councillors for an individual authority and so the number of councillors and boundaries for wards and divisions - having regard to the statutory criteria of equality of representation, community identity and effective and convenient local government.
o To review the administrative boundaries between local authority areas, either on its own initiative or at the request of a local authority or the Secretary of State, in all circumstances making any recommendations to the Secretary of State; and
o to respond to requests for advice from the Secretary of State on matters relating to proposals for a single-tier of local government made by local authorities to the Secretary of State.
Recommendations on electoral arrangements are implemented by an order prepared by the Local Government Boundary Commission for England and laid in Parliament in draft by the Speaker on behalf of the Commission before being made. The Secretary of State makes Orders for structural or administrative boundary change, subject to Parliamentary approval.
Composition of the Commission
The Commission Board consists of a Chair and at least four and no more than 11 other (ordinary) members, one of whom may be designated as Deputy Chair by the Secretary of State. The posts are currently located in London and are likely to remain so although members of the Commission are expected to travel to local government areas across England on a regular basis as part of their role.
Members cannot, in the last ten years, have been an elected politician (other than a parish or community councillor), an officer or employee of a political party, or a reported donor or lender to a political party. In addition a member, once appointed, may not be a member of a political party. The relevant legislation is at paragraph 1 of Schedule 1 of the Local Democracy, Economic Development and Construction Act 2009.
The Commission has a staff of approximately 25. The average annual expenditure is in the order of £2.5m.
The Commission is independent of both central and local government. It is directly accountable to Parliament and its funding is approved by the House of Commons and provided directly from the Consolidated Fund. The budget is agreed and presented to Parliament by the Speaker’s Committee – a committee of nine Members of Parliament, chaired by the Speaker of the House of Commons (this same Committee carries out the same function in relation to the Electoral Commission). Details on the role of the Speaker’s Committee are attached at Annex A.
Role of the Commission
The Commission has a significant relationship with local government not least because upon its shoulders lies the responsibility for ensuring the democratic legitimacy of elected local government. The Commission’s main role of deciding on the electoral arrangements within local authorities is fundamental to delivering democratic accountability as it decides the number of councillors for each local authority and the boundaries of the wards or electoral divisions. The number of councillors that will be elected to any local authority area impacts on the role of those councillors in representing their communities as well the governance arrangements which operate. For this reason its work is of importance to individuals and communities alike.
Its work is also of interest to MPs and other democratically elected bodies.
The Commission is also responsible for the administrative boundaries of local government in England. Reviews undertaken to correct administrative boundaries can range from the correction of small scale anomalous boundaries to better reflect community identity to a full merger of neighbouring authorities with the aim of providing better outcomes for local communities.
Finally, the Commission can be asked by the Secretary of State to provide advice on proposals which he has received from local authorities for unitary local government.
So it is important that local people and communities, central and local government and Parliamentarians (who ultimately will decide whether electoral review recommendations should be implemented or administrative boundaries changed) have confidence in the Commission, its review processes and the impartiality of its judgements.
Reviews of local boundaries – both electoral and administrative - can be contentious and often deal with locally controversial issues. The Commission must act with independence and transparency, seeking the input and expertise of local stakeholders while also being able to take clear, and often difficult, decisions based on the evidence provided, bringing their expertise and experience to bear. Knowledge of the local government sector and experience of operating in a political environment are key skills for Commissioners.
The current review processes and timescales for electoral reviews are attached at Annex B.
Relationship with local government
The Commission and its staff need to engage with local government on a regular basis to provide it with a fuller insight into the way in which local government works, both in the political and officer spheres, and the challenges it faces. It needs to ensure that local government, and interested parties locally, have confidence in the review processes and the impartiality of the judgements made in striking the right balance between community identity and the other criteria to which it is required to have regard. This can only be achieved through a process of engagement with local government and other stakeholders. Such involvement is key to enabling local residents to influence the drawing of boundaries that reflect their communities and the election of councillors that can represent their interests effectively.
While there is a significant workload of electoral reviews to address electoral imbalances there is also a need to build some flexibility into work programmes to respond to requests for reviews from local authorities for electoral reviews requested to reduce the councillor numbers or to reflect a move to whole council elections or for reviews of the external boundaries of local government areas. Accordingly, the Commission need to provide opportunities for local authorities to advise their needs in terms of reviews, and seek to reflect them in work programmes.
The Commission is able to undertake principal area administrative boundary reviews at the request of a local authority, on their own initiative (for instance if it is aware of an outstanding problem) or at the request of the Secretary of State. Following a review the Commission makes recommendations to the Secretary of State, who will decide whether or not to implement them by Order, with or without modifications, subject to the approval of both Houses of Parliament. In conducting such reviews, the Commission is required to have regard to any guidance provided by the Secretary of State. However, the Secretary of State has decided that at present such reviews will not be requested by central Government and no such guidance has been issued.
Chair and Members
The Chair of the Commission has an over-arching responsibility to give leadership to the Commissioners and, through the Chief Executive, who reports to him/her and is the head of the Commission’s staff, to the Commission generally. The Chair is also the Commission’s principal public face and ambassador. The Deputy Chair is to fulfil the Chair’s role when it is not possible for the Chair to do so. The Chair of the Commission may ask individual members to take on particular responsibilities. The Chair’s role includes:
o Giving leadership to, and working with, Commissioners, the Chief Executive and Executive Team to set the strategic direction and ensure appropriate resources and governance arrangements are in place and monitored.
o Chairing monthly Commission meetings and other Committees as appropriate and approving strategic developments.
o Representing the Commission in dealings with government (both local and central), politicians and political parties, the Speaker’s Committee and other stakeholders and acting as an ambassador for the Commission.
o Identifying and resolving any conflicting interests or activities that may affect the effectiveness, independence or impartiality of the Commission.
Collectively members are responsible for setting the strategic goals of the Commission and securing their attainment and for ensuring that it discharges its functions economically, efficiently and effectively. Within this overall framework, they are collectively responsible for:
o Setting the overall strategic direction of the Commission within the statutory framework and with the resources determined by Parliament.
o Taking decisions on key policy, regulatory and other issues within the Commission’s remit, after consideration of recommendations from staff. This includes formulating advice on the structure of local government, and making recommendations on local authority electoral arrangements (the number of councillors and the number and boundaries of electoral areas) and administrative boundaries.
o Ensuring efficient and effective use of public funds and that the Commission operates within the limits of its statutory authority.
o Acting as senior public representatives of the Commission, participating in public meetings and discussions and engaging with the media in specific electoral and boundary reviews.
o Demonstrating high standards of corporate governance at all times, including by using the Audit Committee to help to address the key financial and other risks facing the Commission.
o Appointing and reviewing the performance of the Chief Executive, and being involved with the Chair and Chief Executive in the appointment of the most senior managers in the Commission.
Individually they will be expected to act as lead Commissioner for a number of reviews. They may also have responsibility for:
o Serving as a member of the Commission’s Audit and Remuneration Committees, and such other committees as may be established from time to time;
o Their performance in any other roles or functions which the Commission asks them to discharge personally.
Members (with the exception of the Chair) are appointed by Her Majesty on the recommendation of the Secretary of State who is also responsible for designating one of the ordinary members to be the Deputy Chair.
Presently the Commission consists of a Chair, Deputy Chair and four other ordinary members. Appointments are renewable, subject to satisfactory performance, for a total period of up to 10 years.
All the appointments will be made on a part-time basis. The expected overall time commitment is expected at most to be up to 5 days per month.
Useful links to further information
Below are links to the Commission’s website, public consultation portal, 2015-16 to 2019-2020 corporate plan, and annual report and accounts for 2014-15.
http://www.lgbce.org.uk/
https://consultation.lgbce.org.uk/
http://www.lgbce.org.uk/__data/assets/pdf_file/0005/27707/Corporate-Plan-2015-16-to-2019-20.pdf
http://www.lgbce.org.uk/__data/assets/pdf_file/0008/25559/AnnualReport_2014-15_50418_HC296_PrintReady.pdf
Here is a link to recent relevant Speaker’s Committee reports.
http://www.parliament.uk/business/committees/committees-a-z/other-committees/speakers-committee-on-the-electoral-commission/
Annex A
Role of the Speaker’s Committee
1 The functions of the Speaker’s Committee relate, in particular, to supervision of the Local Government Boundary Commission’s budgetary arrangements and approval of their five-year corporate plans.
2 The Political Parties, Elections and Referendums Act 2000 provides that seven of the Committee’s nine members shall be Members of the House of Commons who are not members of the Government. Five of these are appointed to the Committee by the Speaker of the House of Commons, who also chairs the Committee, whilst the seventh is the Chair of the Justice Committee. The remaining two members of the Committee are the Justice Secretary and a “Minister of the Crown with responsibilities in relation to local government;” who is appointed by the Prime Minister.
Membership
3 In addition to the local government Minister appointed by the Prime Minister, there are three statutory members of the Speaker's Committee whose appointment is by right - the Speaker (Chair), the Lord Chancellor, and the Chair of the Public Administration and Constitutional Reform Committee (Bernard Jenkin). There are also a further 5 members who are not Ministers of the Crown appointed by the Speaker. They are currently Sir Gerald Kaufman MP, Jessica Morden MP, Bridget Phillipson MP, Pete Wishart MP, and Gary Streeter MP who handles Parliamentary business in the House of Commons for the Committee and its bodies – principally PQs addressed to the Speaker's Committee and the Commission’s Electoral Change Orders.
Functions
4 The following table summarises the principal powers and duties of the Speaker’s Committee.
Appointment of the Chair / The Chair of the Commission is to be appointed by Her Majesty on an Address from the House of Commons. A motion for such an Address may be made only if —(a) the Speaker of the House of Commons agrees that the motion may be made, and
(b) the person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker’s Committee.
Re-appointment of the Chair / The Speaker’s Committee may make recommendations for re-appointment without a selection process in accordance with a procedure which it has put in place and overseen.
Removal of the Chair / The Chair of the Commission may be removed from office by Her Majesty on an Address of the House of Commons. No motion may be made for such an Address unless the Speaker’s Committee have presented a Report to the House stating that it is satisfied that one or more of the statutory grounds for removal of the Chair has been made out.
Remuneration of Boundary Commission members / The Speaker of the House of Commons, after consulting the Speaker’s Committee, determines the remuneration, allowances, expenses, pensions or gratuities of the members (including the chair and deputy chair).
Consideration of Estimates and five-year plans / The Speaker’s Committee must examine the Commission’s estimates and five-year plan; decide whether it is satisfied that they are consistent with the economical, efficient and effective discharge by the Commission of its functions (having regard to any report by the Comptroller and Auditor General and after consulting with and receiving any advice from the Treasury); and modify the estimate or five-year plan as necessary for the purposes of achieving such consistency. The Speaker’s Committee must, after concluding its examination, lay the estimate and the plan before the House of Commons. If in discharging these functions the Speaker’s Committee has not followed a recommendation of the Comptroller and Auditor General, followed the advice of Treasury or made any modification to the estimate or plan they must include a statement explaining their reasons for doing so in their next annual report to the House of Commons.
Comptroller & Auditor General reports / To receive the Comptroller and Auditor General’s annual reports on the ‘economy, efficiency and effectiveness’ with which the Commission has used its resources.
Accounts / To receive copies of the annual accounts.
Accounting Officer / To designate an employee of the Commission as accounting officer and to specify their responsibilities.
Annual Reports to Parliament / A duty under the Political Parties, Elections and Referendums Act 2000 to report to the House of Commons, at least once a year, on the exercise of its functions (which will now include functions in relation to the Commission).
Annex B