“The need for positive change is inescapable.” So says Devolution within Northern Ireland, a report commissioned by the Northern Ireland Local Government Association (NILGA) and written by the New Policy Institute which considers the devolution of further powers to local government in Northern Ireland.

The report explains that local authorities in NI are responsible for a very small proportion of public spending when compared to their counterparts in Wales and Scotland (4% compared to 27%). It suggests that further powers should be devolved to local authorities – primarily neighbourhood services, including highways and transport, culture and related services, environmental and regulatory as well as planning and development powers; that this would lead to local deliberation and decision-making in relation to local problems, drawing on local wisdom; and that any such extension of powers should be based around democratic legitimacy and securing positive outcomes for communities.

Although this sounds like a reasonable conclusion, it does raise a few questions: what further responsibilities could be devolved; are local authorities effective at delivering on the responsibilities that they have at present; ultimately, would further devolution create better outcomes for communities; and in light of all that, should further powers be devolved?

 

What further powers could be devolved to local authorities?

As the report states, local authorities in Northern Ireland have very few powers when compared to other jurisdictions in the UK, particularly England, so there is obviously potential for local authorities to take on many more responsibilities from the low base.

Some might suggest trying to gain parity with local authorities across the rest of the UK, taking on greater responsibility for health and social care and education; but this would not be realistic, and I’m not sure that there are many people calling for these responsibilities to be devolved, even in the absence of the Executive.

This report suggests that neighbourhood services be devolved. This comprises of “economic affairs, housing and community amenities and the catch-all of general public services.”

This would be a more modest extension of the powers, and one which is much more realistic and in line with what those who authored the report found there was appetite for. Indeed, regeneration powers were supposed to be devolved to local authorities in the last Assembly mandate, but the Department for Communities retained the powers in the end, a move which held back possibly a more incremental increase of responsibilities in the future.

 

Would it benefit the communities in each council area?

In theory, yes. As the report states, the beauty of devolving these powers to local authorities would be that they could deliver policies in these new areas of responsibility in different and innovative ways, according to the needs of their community, and within their own capacity to bring about an agreed set of outcomes – giving direction to the work, but leaving flexibility as to how they are delivered.

Local authorities could even join up resources and services with other local authorities around them to utilities best practice, and scale-up innovation and new methods of delivering positive outcomes.

At present local authorities are the only democratically elected bodies fulfilling their mandate within Northern Ireland, and in the continued absence of the Executive it makes sense to utilise that local wisdom, democratic accountability and ability to deliver positive outcomes.

Local authorities would have to set policy in these new areas – and answer to the electorate for the consequences – so there is no reason why policies devolved to this level would not reflect the needs of the communities in them and be shaped, adapted and delivered in a way which would benefit them. However – as noted by Northern Slant’s own Jamie Pow – decisions are at risk, even at that level, of being contested on ethno-national lines.

 

Are local authorities effective at delivering on the responsibilities they have at present?

The last reform of local government reform in 2011 reduced the number of councils and gave them more powers, particularly in planning. We can look at how effective councils have been at administering planning powers as an example of how they might take on and administer further powers.

According to the latest annual planning statistics, released in May:

“The average processing time for major applications was just over 50 weeks across all councils; down significantly from the 69 weeks reported for the previous year but still well over the statutory processing time target of 30 weeks.

“Only one council, Mid and East Antrim, met the processing time target during 2017/18. Processing times decreased from 2016/17 in seven of the eleven councils.”

This is not exactly perfect, but it has to be looked at in the context of these being relatively new responsibilities; and as can be seen year on year, improvements in the process are being made.

However, despite these days – and reported inconsistencies in how each area sets and delivers planning policy – Belfast is already shaking up its planning system, with a review of the process. This is certainly something which is being welcomed by businesses who have called for greater clarity, speed and consistency in processing planning applications.

 

What will be the major challenges to success?

The report acknowledges the challenges, with the main obstacles to any devolution being successful being, of course, resource and capacity.

This translates simply as money, along with expertise and scope for reform.

Even if the adequate amount of money to deliver new functions and responsibilities was allocated to each council, there would be further costs for employing and training council officials so that they could carry out the work effectively – and this would take time to put in place.

Each council would have different needs in this regard, so progress may not be uniform across council areas at first – just as we have seen with the delivery of planning policy.

Further devolution would also need the buy-in from wider groups than council staff and officers. Councillors, voters, businesses, community groups, government agencies, and others would have to be supportive of the reforms and play a significant part in the process of planning and administering the reform so as to ensure that anything which was devolved was meeting the needs of all stakeholders.

That is easier said than done, and a serious discussion is needed to figure out exactly what councils are capable of taking on, how much support they will need, who will need to provide it, and how any reform can be managed so that it is not compromised before it gets a chance to bed in.

In the process of writing this piece, I set up a few discussions with a few councillors to gain a greater sense of where thinking was on this amongst those on the ground.

One experienced councillor noted that “things are really disjointed within local authorities at the minute across Northern Ireland, even for things as simple as car parking.

“I don’t see an appetite for it; but if further powers were to be brought in, it would need some really concrete direction, while at the same time allowing for local flexibilities; and, most importantly, it would need to have real financial backing to it.”

Another councillor of a more recent intake suggested that “this is the conversation that we need to be having in Northern Ireland. There is so much scope to deliver more powers locally, particularly within infrastructure and roads policy.

“To have an integrated public service, where everything was under one roof would allow problems to be addressed much sooner and with a more local focus. There are currently real problems with capacity and inconsistency of delivery [which would inhibit progress on further devolution of powers], but with proper direction from Stormont there is no reason why councils could not be enablers and used to deliver really positive outcomes for communities.”

 

So should the powers be devolved?

Should we devolve powers and responsibilities for the sake of it, or because it is the right thing to do? Of course not, and the report is considered enough to state that it is the first step in a process.

Should we devolve powers and give further responsibilities to local authorities to replace Stormont and the Northern Ireland Executive? As much as many people would like to see the back of Stormont, it is an absolute necessary institution in Northern Ireland – as a symbol of shared power, but also because it still holds the power to the vast majority of policy direction in here. The restoration of the Executive and the Assembly is vital in returning democratic accountability and delivery of local policies for the people of Northern Ireland at a national level. And alongside the return of the Executive we need strong local government.

I do think that these reforms are some way off. There is certainly the need for a lot more detailed consultation, refining of proposals, measuring capacity and securing proper buy-in from a wide range of stakeholders; but this report is the vital first step on the journey to empowered local authorities, and empowered communities, benefiting residents, businesses, local economies, local environment and local democracy.

This is a time when the Belfast City region has one of the biggest opportunities in generations to make great strides forward in terms of economic and local development through the Belfast City Region Deal. A Derry-Londonderry City Deal is clearly on the horizon and will give the West a really important and much needed economic boost; so not trusting all of our local authorities to take on further responsibilities in other areas would be a wasted opportunity.

To allow local authorities to grow, develop and deliver for the people in each area in a way which benefits them, further devolution of power and responsibilities is necessary; but only if it resourced fully, and has political, public and financial buy-in.