UNISON Scotland's response to the Consultation on the Culture (Scotland) Bill.

March 2007

Executive Summary

• The power for local councils to be able to broadcast information is needed to give Scotland's authorities the powers already available to their colleagues down south. This is another argument why the function of Broadcasting should be a devolved function, as UNISON argued at the time of devolution.

Introduction

UNISON is Scotland's largest trade union representing over 160,000 members working in the local government, the Scottish Health Service and other public sector providers, as well as in some of Scotland's largest private sector areas including energy. UNISON has one of the largest number of members who are involved in delivering culture-related services - services such as libraries, museums, theatres and halls, arts development, art therapy, community education, the voluntary and community sector and many others. Our members are also keen participants in cultural life, and UNISON itself is in the forefront of support for culture that delivers for local communities.

We welcome the opportunity to respond to this consultation, but have to say that the outputs of this bill do not begin to live up to the commitments given by the First Minister, and the succession of Cultural Ministers. The overall aim of the Executive's Cultural Policy, is generally supported by UNISON. However the delivery will not be enhanced by this legislation.

Background

The Executive makes the fair point that not all of its cultural objectives need be delivered by legislation, and it points to some decisions already taken and its key aims. However these are necessarily selective, and do not all have the impact we would hope. The establishment of the National Theatre of Scotland, for example, would be a positive development were it to be an additional or co-ordinating body. If, however it continues to act as a producing theatre company to plug touring gaps left by cuts in resources to other companies, it will not fulfil its potential.

The removal of the National Companies' funding from the Scottish Arts Council, to be directly funded by the Executive also looks like leading towards confusion, by adding more government-funded cultural bodies to an already confused scenario.

In local government too, it is important that the bill recognises the key role plated by councils in both the direct provision of culture, and the support of outside cultural organisations. However the proposals in this bill to allow councils to walk away from their statutory responsibilities in the area, and to attempt to create complex sets of structures and reporting mechanisms in order to achieve watered-down ‘entitlements' and nominal ‘involvement' by cultural providers and the community can only serve to undermine the provision of cultural services at a local level - thus running counter to the Executive's stated aims.

Local Government Functions

Much of this section is given up to somewhat woolly provisions to enable authorities to provide ‘cultural entitlements' and indicating the central guidance and information collecting that the Executive will provide. The associated guidance document positively bamboozles with systems and procedures.

Despite the strong words about the need for local councils to ensure that cultural entitlements are delivered for each of their citizens, there is a lack of any back-up of this function in the way of specific statutory provision

The bill fails to do anything more than promise Ministerial guidance, and place a duty on the authority to provide information to central government and its citizens. Unexceptional, but not the firm commitment to delivery that is needed.

Indeed, the provision in the bill to remove the statutory running of libraries and museums and galleries from local authorities, replacing this with a clause allowing them to hive this off to a pseudo-charitable trust, will make the aims of the Executive more difficult to achieve.

The removal of one of the few statutory duties on local authorities in the cultural area, can only serve to weaken the delivery of cultural services, add to the problems of existing genuine charitable trusts and add yet another barrier to the joined-up delivery of culture that local councils are supposed to achieve.

UNISON is clearly of the view that this section of the bill should be withdrawn and the provisions of recent Labour Party policy suggesting that local authorities should be prevented from setting up charitable trusts to avoid tax, should be adopted.

Cultural Planning

It is clear that there is a need for cultural planning, and it is sensible for this to become part of community planning. But the sheer complexity of the guidance notes may well alienate those whose voices the planners will need to hear.

Additionally, the ability to provide joined up working and service delivery will not be enhanced by setting up separate employers and organisations to deliver different functions eg education and museums or libraries; parks and sports dev elopement.

Consultation Questions - Section 2

In responding directly to the consultation documents questions in the section (par 2.13) UNISON believes:

a) Developing local cultural entitlements could help increase participation in cultural activities, however the cultural activity needs to be provided, and this bill does not assist in this function. In addition the plethora of central guidance and information requirements that seem to be demanded throw some suspicion on whether these will be able to be genuinely determined locally.

b) Yes further measures are needed. To deliver culture at a local level, there needs to be an increase in the statutory underpinning of the direct provision of cultural services by local authorities. Existing statutory services must be protected and the cover of others should be increased - for example in covering more museums, and the need to have a statutory cultural development function.

c) Councils and the Scottish Executive need to work together, to cut back on the plethora of organisations that have a function in providing funding and services in this area. They also need to work with community and arts organisations to identify the needs in the communities.

d) The initial draft guidance under this bill is anything but clear and helpful. It is hugely complex and off-putting for the lay citizen, who (presumably) is the person whose views will be needed. This is primarily due to the need to include so many widely disparate (but mainly centralised) bodies.

Creative Scotland

The provision of a single authority responsible for advice, guidance and distribution of part of the funding for cultural provision is not of itself, a bad decision.

However the fact that Creative Scotland will NOT have responsibility for key national companies, nor any co-ordination with existing national collections calls into question whether this is the right organisation to deliver the functions outlined for it.

Additionally, whether the creation of a new cultural body can be done by peopling it with a majority of board members from the previous bodies would be questionable at the least.

The ‘power of direction' given to Scottish Ministers seems in itself to be unexceptional. It does however, draw attention to the question of the remit of Creative Scotland and its overall function.

Consultation Questions - Section 3

In responding directly to the consultation documents questions in the section (par 3.13) UNISON believes;

a) On balance there should be a single national cultural development body, but that the remit of that body and its relationship to other cultural organisations should be much clearer.

b) The remit and its powers call into question its existence.

c) Yes, but any organisation should, indeed would need to.

Indeed, these questions are not the important questions on the establishment of Creative Scotland. Its role is confused and unclear, as is whether it will become any different kind of organisation to the Scottish Arts Council.

National Collections

UNISON welcomes the continuation of the statutory functions being provided by these bodies. However it only highlights the weakening of statutory functions at a local level (see section 2). Surely if the provision of cultural functions in communities is as important as successive ministers have claimed then the need for statutory establishment at local level is as clear as it appears to be at national level.

There seems to be a missing piece of this ever more complex jigsaw, in that these bodies and Creative Scotland seem to have no linkage. It would seem sensible that these bodies who all have separate functions associated with the provision of cultural advice and the national delivery of culture should have a clear relationship with each other with statutory cultural services at local level, and with the Executive.

The removal of reserved places on the board of the NLS should either be carried out entirely or not at all. The retention of a ‘back door' place for the Faculty of Advocates has no place in the stated aim of a fair and open public appointments system.

Consultation Questions - Section 4

In responding directly to the consultation documents questions in the section (par 4.12) UNISON believes;

a) Yes, the National Collections should remain as statutory centres of excellence and advice.

b) The powers and functions are right

c) The Faculty of Advocates should not have a representative on the NLS Board in the absence of other organisations

d) Yes the Collections need the powers to obtain, loan and dispose of items.

e) The National Record of Scotland, sounds a little too similar to the National Archive of Scotland. Records and documents are considered similarly in this sphere of work. A name that recognises the nature of the buildings, structures and monuments that the organisation cares for should be developed.

Offence of dealing in tainted objects

UNISON has no strong views on this section apart from a general agreement that an offence should be created. The date of 2003 does however, seem recent. Much ‘looting' took place much earlier. Consideration should be given to further backdating.

Local authorities' broadcasting powers

This power is needed to give Scotland's authorities the powers already available to their colleagues down south.

This seems to be another argument why the function of broadcasting should be a devolved function, as UNISON argued at the time of devolution.

Conclusion

UNISON Scotland is disappointed that an opportunity to provide an innovative and ground-breaking initiative, advancing cultural provision to all the people of Scotland has been largely passed by.

The failure to recognise and improve the statutory underpinning necessary to deliver this is disappointing. The attempt to remove this where it exists, flies in the face of logic.

The Executive - however it is constituted - will consider this consultation after the election. We ask that a major relook at this legislation is undertaken in order that the generally supported aims of cultural rights and provisions can be delivered.

For further information please contact:

Matt Smith, Scottish Secretary

UNISON Scotland

UNISON House

14, West Campbell Street,

Glasgow G2 6RX

Tel 0845 355 0845 Fax 0141 342 2835

e-mail matt.smith@unison.co.uk