Open Public Services White Paper - Press Release

1. ACSeS welcomes much of the thrust of the Open Public Services White Paper issued on 11 July 2011, particularly insofar as it seeks to enhance local government empowerment and flexibility.
2. However, ACSeS equally appreciates that implementing the various elements of the White Paper’s vision is likely to prove significantly more costly and complex than might currently be anticipated. Given the clear corporate governance implications that flow from the radical reconfiguration of public services outlined, ACSeS is pleased to offer its support to the Government in putting its proposals into practice.
3. ACSeS notes the key principles of choice, decentralisation, diversity, fairness and accountability which underpin the White Paper. It is accountability which is particularly relevant to ethical and corporate governance as public power (in its various manifestations) is proposed to devolve ever more extensively 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. ACSeS has significant experience in these areas and will be pleased to offer expert appropriate and proportionate governance support tailored to the variety of different circumstances envisaged in the White Paper.
4. Whilst the Association notes that the White Paper (as a blueprint for Government policy of rebalancing state operations in favour of individuals and communities) is a statement of principles rather than a pre-legislative document, nevertheless there will be some systemic conflicts to reconcile as these principles are developed. Not least amongst these are EU and other procurement rules regulating tenders and contracts. 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 can offer substantial experience and expertise in this context.
5. Similar considerations can arise concerning the mutualisation of public services. Although, as the White Paper indicates, mutuals can ‘free up the often untapped entrepreneurial and innovative drive of public sector professionals’ and can be highly beneficial for the authority in question, the public and the individuals concerned, there can equally be some complex ethical and corporate governance considerations, for example regarding the treatment of authority assets and propriety in service contract awards. Again, ACSeS is well-positioned to help trace a path through these issues and will be pleased to contribute to the proposed ‘full range of support’ which the Government is intending to make ‘available to those . . . considering setting up a mutual’. The Association entirely agrees that ‘What matters is the quality of service, not the ownership model.’.
6. ACSeS welcomes the Government’s belief that the centre should not ‘micro-manage public service delivery’ and also welcomes its intention to ‘support all those dedicated public sector staff who want to make a difference’. ACSeS will be pleased to respond to the Government’s invitation ‘to tell us directly how we can enable staff to work smarter and improve productivity, and identify areas where central government can get out of the way, reducing burdens and bureaucracy’.
7. The Association is also pleased to note that strong local government is at the heart of Government reforms. With our members’ knowledge and experience on legal and corporate governance issues, ACSeS is extremely well-positioned to help take the localism agenda creatively forward in a way that combines freedom, flexibility and sound corporate governance.
8. 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. 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.’

Notes for Editors

1. ACSeS represents Chief and Senior Legal Officers of all English and Welsh local authorities and is the professional association for managers of corporate governance (legal, administrative, democratic, scrutiny and standards functions) and statutory monitoring officers and their deputies in local authorities in England and Wales.
2. The Association plays a leading role in developing governance arrangements in local government and works closely with other associations, Government Departments and agencies.
3. The Association also provides a network for its members to enable discussion, consultation, training and development on legal and governance matters.
4. Susan Tovey, who was elected President of ACSeS at its Annual General Meeting on 18 November 2010, is the Head of Legal and Democratic Services at Test Valley Borough Council.