Dr_A_J_Brown on Local Government apologetics for recognition

7/30/2019 Dr_A_J_Brown on Local Government apologetics for recognition.

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The Federalism Projectwww.griffith.edu.au/federalism

Know ing the Chal lenge:

Voter A tt i tudes to Federal Const i tu t ional

Recogni t ion o f Lo cal Government in 2008

Dr A J Brown

The Federalism Project

Griffith Law School

Local Government Constitutional Summit

Melbourne, 9-11 December 2008


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Conducted nationally by telephone over 1-8 May 2008

1,201 respondents aged 18 years and over (n=1201)

1,155 respondents eligible to vote (n=1155)

Stratified random sample

Results post-weighted to Australian Bureau of Statistics data

on age, highest level of schooling, sex, area; and Newspoll data

on federal voting intention for eligible voters.

Funded by the Australian Research Council DP0666833

Griffith University, with Charles Sturt University, University of

New England and the University of Melbourne.

First Australian Constitutional Values Survey


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Option 1. Purely symbolic recognition

Option 2(a). Pure institutional recognition

(no direct change to status quo)

Question:

At the moment, the [Australian] Constitution does not

actually mention or officially recognise that local

government exists in Australia. Which one of the

following comes closest to your view?

Answers:

The existence of local government should be officiallyrecognised in the Constitution

OR

There is no real benefit in making this change to the

Constitution.


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Figure 1a. Base suppo rt for const i tut io nal recogn i t ion

by federal vot ing p reference

58.7

65.6

52.0

49.2

52.8 51.051.8

42.6

0

10

20

30

40

50

60

70

80

Australia

(1155)

Labor

(553)

Liberal

(inc CLP)

(316)

National

Party (38)

Greens

(105)

Other/Ind

(94)

Swinging /

don't know

/ refused

(49)

Yes - local government should be officially recognised

No - no real benefit in this change

Neither / don't know

%


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Figure 1b. Base suppo rt for recogn i t ion by state

66.9

58.855.9

59.5

52.8

35.4

47.446.846.9

42.6

0

10

20

30

40

50

60

70

80

National NSW Vic Qld SA WA Tas ACT NT

Yes - local government should be recognised

No - no real benefit in making this changeNeither / don't know

%


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27.7

14.6

53.1

53.2

12.7

23.7

3.7 6.5

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

How well do you think democracy

works in Australia today?

How well do you think [the current]

system of [three main levels of]

government works in Australia?

Neither / don't

know

Not at all well

Not very well

Quite well

Very well

%

Figure 2. Australians satisfaction with democracy and their

current system of government

80.8%

67.8%

30.3%16.4%


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Current system of government, withthree main levels, does not work well 30%

Current system of three main levels works

at least quite well but system not delivering 39%

legislative diversity, innovation or collaboration

System works at least quite well, and delivers at

least quite well but basic federal features remain

undesirable (legislative diversity, ability to innovate, 17%

division of power, ability to elect different parties

at different levels)

Australians critical of the present federal system, 86%

in practice or principle

Australians dissatisfaction with federalism


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17.2

8.0

64.4

45.6

12.3

25.0

3.5

13.914.7

11.4

48.9

28.5

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Federal level State level Local level

Don't know

Very poor

Quite poor

Quite good

Very good

%

81.6%

15.8%

56.9%

42.4%

57.0%

39.6%

Figure 3. How wou ld you rate the performance of each of the

fol lowing levels of government?


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50.1

18.1

11.8

15.7

35.3

16.8

19.9

32.2

0

5

10

15

20

25

30

35

40

45

50

55

Federal level State level Local level Don't know

Most effective Least effective

%

Figure 4. Which one level of government do yo u think do es its

[part icular] job th e most [and least] effect ively?


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Table 1. Level of governm ent con sidered least effect ive

at its part icu lar job, by s tate and terr i tory (2008)

%NSW VIC QLD SA WA TAS ACT NT Total

Federal

level

8.9 14.2 27.3 23.8 12.9 8.8 4.3 17.8 15.4

Statelevel

41.3 25.4 31.5 27.2 25.7 41.9 16.2 30.1 32.2

Local

level30.2 46.0 27.9 33.7 42.5 34.7 57.3 39.7 35.9

Dontknow 19.6 14.4 13.3 15.3 19.0 14.6 22.1 12.3 16.5

Total100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0


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36.9

8.7

13.2

13.4

30.5 32.7

3.23.23.2 3.2

55.4

89.7%

32.2%

2.2

7.1

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Federal level State level Local level Regional level

Other / don't know Keep same number (inc DK) Create more Less Abolish

%

66.2% 64.1%

Figu re 5. The futu re what levels of go vernment shou ld we have?


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% Aust

NSW Vic Qld SA WA Tas ACT NT

Keep system the

same31.0 28.7 29.9 33.5 28.0 37.0 32.2 43.5 29.0

Reform the

system65.8 68.9 68.4 59.6 68.3 61.8 63.4 51.3 66.9

Dont know 3.2 2.4 1.7 6.9 3.7 1.2 4.4 5.2 4.1

How reform?

Abolish federal

government7.1 7.9 6.5 8.1 4.4 7.4 1.0 4.3 13.8

Abolish state

governments30.5 39.8 26.2 27.1 29.4 22.4 21.0 36.4 10.5

Abolish local

government 32.7 39.4 31.5 24.8 36.8 30.2 26.6 17.4 31.8

Create more

states8.7 5.1 10.0 12.1 8.4 7.6 16.8 7.1 18.6

Create regional

governments32.2 32.8 37.4 27.7 30.8 28.3 37.8 20.0 21.3

Table 2. Support for struc tural reform of federal system by state


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Option 2(b). Institutional recognition plus

due process protection for local government

Question:

Some people have suggested that other changes could

be made to the Constitution concerning local

government. [P]lease say if you would be in favouroragainst making [each] change

Option:

For the Constitution to make it harder

to amalgamate local governments or change

their boundaries.


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Figure 6. Support for recog ni t ion that wou ld make i t harder to

amalgamate or chang e boundaries of local governments

46.2 45.9

52.8

42.9

37.8

32.2

56.3

33.8

52.8

46.0

0

10

20

30

40

50

60

70

80


Base support - yes, local government should be recognised

In favour if this particular change?

%


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Figure 7. Australians main reasons for considering particular levels of

government to be the least effect ive

20.6

8.6

32.0

54.8

17.3

57.9

0

10

20

30

40

50

60

Inclus

ion/

repres

entation

Specific

polic

y/funcar

eas

Gove

rnan

cequali

ty/c

apac

ity

Party

poli

tics/

self-inter

est

Perso

nals

elf-inter

est/c

orrupt

ion

Acco

untabilit

y

Plan

ning/le

adershi

p

Imple

men

tatio

nproble

ms

Inexp

erien

ce/inc

ompeten

ce

Note

nough

resourc

es

Bureaucra

cy

Waste

Federal State Local

%


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Option 2(c)! Institutional recognition, plus

strengthening the quality and integrity of local

democracy

Question:


be made to the Constitution concerning localgovernment. [P]lease say if you would be in favour

oragainst making [each] change

Option:

For the Constitution to set rules and standards

of accountability for local government.


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Figure 8. Support for recog ni t ion that wo uld set rules and standards

of accoun tabi l ity for local government

75.9

84.682.1 81.8 81.8 80.0

52.8

81.091.5 90.1

0

10

20

30

40

50

60

70

80

90

100



In favour (somewhat, strongly) of this particular change?%


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Option 3. Institutional plus financial recognition

(Strengthening the financial position of

local government)

Question:


be made to the Constitution concerning localgovernment. [P]lease say if you would be in favour

oragainst making [each] change

Option:

For the Constitution to guarantee a reasonable

level of funding for local government .


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Figure 9. Support for recog ni t ion that wou ld guarantee a reasonable

level of funding for local government

81.2 80.9

87.2 86.1

79.283.8

86.2

52.8

93.682.9

0

10

20

30

40

50

60

70

80

90

100



In favour (somewhat, strongly) of this particular change?%


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Figure 7. Australians main reasons for considering particular levels of

government to be the least effect ive

32.0

54.8

8.6

20.6

17.3

57.9

0

10

20

30

40

50

60

Inclus

ion/

repres

entation

Specific

polic

y/funcar

eas

Gove

rnan

cequali

ty/c

apacit

y

Party

poli

tics/

self-inter

est

Perso

nals

elf-inter

est/c

orrupt

ion

Acco

untabilit

y

Plan

ning/le

adershi

p

Imple

men

tatio

nproble

ms

Inexp

erien

ce/inc

ompeten

ce

Note

nough

resourc

es

Bureaucr

acy

Waste

Federal State Local

%


21/29


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We need to fix federalism because it affects

most aspects of public policy. In effect, we

need two principles of power moving inopposite directions. Power has to be both

concentrated and devolved.

Think of involving people at local levels along

with centralised governance. Paul KellyAustralia 2020 Summit Report, p.320


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1) A constitutional framework which better allocates the

right roles, responsibilities and resources of government

to the different levels (national, state, regional, local)

-- Beginnings of some new frameworks under COAG,

new Australian Council of Local Government

2) Devolution of capacity and resources to local and

regional levels, along with centralisation / harmonisation.

3) Improvements in democratic integrity, accountability,

responsiveness, and collaborative capacity at all levels.

What is involved in fixing federalism?

How w i l l federal con st i tu t ional recog ni t ion o f

local government contr ibute to these?


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Figure 10. Potent ial suppo rt for sub stant ive, reform-dr iven recogni t ion

(Changes to state there must always be a sys tem of local government, set rules and

standards of accountabi l i ty, and guarantee a reasonable level of funding for local govt)

43.4 44.9

64.555.9

50.559.5

47.4

35.4

3.5 1.9

2.4

2.95.4

25.2

26.331.6

17.0

24.119.8

24.533.2

37.5

50.0

2.8

0

10

20

30

40

50

60

70

80

90

100


New support gained (strongly in favour of any of these changes)

Base support lost (strongly against any of these changes)

Base support retained (yes, local government should be recognised)

%

78.0

84.0

75.7

82.983.978.5

73.2 72.9

80.6


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( My personal recommendation:

Aim at a new Chapter of the Constitution, providing, e.g.:

There must be a system of local government in all States and throughout

the Commonwealth;

Local government shall be directly chosen by the people;

The States and Commonwealth may make laws with respect to ensuring

the integrity of local government and its accountability to the people; Commonwealth shall ensure that a minimum share of public revenue

is provided to local government;

Commonwealth may make grants to local government, take over debts;

Commonwealth and States shall cooperate with local governments,

as well as with each other, in all affairs concerning local government;

and shall support regional cooperation between local governments;

Local government shall be represented in all federal inter-governmental

arrangements.

)


26/29

Option 4. Commonwealth power to make laws

Question:

Currently, the roles and responsibilities of local

government are set by state governments. Do you think

the roles and responsibilities of local government

should...?

Answers:

1. Continue to be set by state governments

2. Be set by the federal government instead

3. Be put into the Constitution, and not set by either

state or federal government


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Figu re 11. Preferred sou rce of cons ti tut ion al / legislative power

over local government

Roles and responsibilities of local government should

38.3

16.5

22.3

14.7

8.1 8.3 6.9

17.6

44.1

54.3

36.440.1

29.429.6

18.215.2

0

10

20

30

40

50

60

National Yes - local govt

should be

recognised

No - no real benefit Neither / don't

know

Continue to be set by state governmentsBe put into Constitution

Be set by federal government

Don't know

%

47.8


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Many Australians will not easily vote for symbolic recognition

alone i.e. they will not generally vote for a thing theyperceive as having problems or as failing.

But they may well vote for substantive forms of recognition,

where these clearly go towards helping reform local

government and improve its effectiveness.Most Australians will vote for substantive options for

recognition that go towards helping reform local

government, andcontribute meaningfully to reform of

the federal system of government as a whole.

Recognition best seen as an important step in the

development of our system of government for the future,

not simply as fixing a past mistake, or as an end in itself.

Conclusions: knowing the challenge


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Good luck !

The Federalism Projectwww.griffith.edu.au/federalism

Documents

Dr_A_J_Brown on Local Government apologetics for recognition