ACSeS welcomes public services reforms, but warns of price tag

July 20, 2011

Senior local government lawyers have welcomed the broad thrust of the government’s Open Public Services White Paper, but have warned that implementing the various elements of its vision “is likely to prove significantly more costly and complex than might currently be anticipated”.

Offering support on implementing the proposals, the Association of Council Secretaries and Solicitors praised the White Paper to the extent that it seeks to enhance local government empowerment and flexibility.

ACSeS highlighted the importance of accountability – one of the government’s five principles that will underpin its reforms – as particularly relevant to ethical and corporate governance as public power is proposed to be devolved further into communities.

“For those who take public decisions on behalf of others or who receive public monies for providing public services must be and be seen to be doing so properly in the public interest in the manner of a trustee,” it said.

But the association also warned that there would some systemic conflicts to reconcile over the statement of principles contained in the White Paper and as the various concepts are developed.

“Not least amongst these are EU and other procurement rules regulating tenders and contracts,” it said. “Whilst there is clearly scope for flexibility in relation to those services not caught by EU procurement rules, nevertheless value for money, quality of service and other fiduciary considerations need to be suitably safeguarded in the public interest.”

ACSeS suggested that similar considerations arose concerning the mutualisation of public services. It acknowledged that mutuals could free up the entrepreneurial and innovative drive of public sector professionals and be highly beneficial to the authorities concerned, but added there could “equally be some complex ethical and corporate governance considerations, for example regarding the treatment of authority assets and propriety in service contract awards”.

The association said it entirely agreed with the statement that ‘What matters is the quality of service, not the ownership model’ and offered to participate in the programme of support for those considering setting up a mutual.

ACSeS also reacted positively to the government’s belief that the centre should not ‘micro-manage’ public service delivery and also its intention to “support all those dedicated public sector staff who want to make a difference”. The assocation also said it was pleased to note that strong local government was at the heart of the government's reforms.

ACSeS President Susan Tovey said: “ACSeS members have over many years been steering their authorities safely and soundly through a formidable series of central policy changes, from CCT, to Best Value, through CPA and CAA to the present localism agenda.

“Association members, advising as they do at senior local authority levels, have the knowledge, creativity and pragmatism to help make change happen effectively but also consistently with the public interest and sound principles of ethical and corporate governance.”

Tovey, Head of Legal & Democratic Services at Test Valley Borough Council, added: “We therefore look forward to assisting our authorities, central government, our communities and other stakeholders to take forward this complex agenda and to help put flesh on the bones of the White Paper principles.”

Philip Hoult