Institutional Reform for Political Control: Analysing the British Labour Government’s Approach to the Pathologies of Governance A Scancor Workshop in Collaboration With SOG April 1 - 2, 2005 Stanford University Call For Papers Autonomization Of The State: From Integrated Administrative Models To Single Purpose Organizations Authors: Dr. David Richards Reader The Department of Politics, The University of Sheffield, Elmfield, Northumberland Road, Sheffield, S10 2TU, United Kingdom E-mail: D.Richards@Sheffield.ac.uk Direct Line: 0114 222 1666 Fax: 0114 273 9769 Professor Martin J. Smith The Department of Politics, The University of Sheffield, Elmfield, Northumberland Road, Sheffield, S10 2TU, United Kingdom E-mail:M.J.Smith@Sheffield.ac.uk Direct Line: 0114 222 1667 Fax: 0114 273 9769 This paper is part of the ESRC ‘Public Services Programme’. Our project is entitled Analysing Delivery Chains In The Home Office (Ref: RES-153-25-00 37.) 1 The principal challenge is to shift focus from policy advice to delivery. Delivery means outcomes. It means project management. It means adapting to new situations and altering rules and practice accordingly. It means working not in traditional departmental silos. It means working naturally with partners outside of Government. It's not that many individual civil servants aren't capable of this. It is that doing it requires a change of operation and of culture that goes to the core of the Civil Service. (Tony Blair, speech on 24th February 2004) All professions are conspiracies against the laity. (George Bernard Shaw The Doctor’s Dilemma 1911) Introduction Hill (2003: 267) argues that much of the public policy literature assumes that ‘policy meanings are shared, a priori, among policy implementors and their managers. But evidence suggests that policy can often carry vague, unresolved or conflicting meanings…’. The suggestion here is that implementors - street-level bureaucrats often make judgements about the meanings of policy (see Lipsky 1971)1. In this paper, we wish to develop this theme by considering the changing environment in which policy makers and implementors in Britain interpret policy messages, the degree of variable autonomy different actors within the policy-chain command and the effect this then has on policy implementation. 1 Lipsky (1971) defines street-level bureaucrats as front-line staff in policy delivery agencies. 2 First, we examine two contrasting narratives of governance – the state-centric and modern governance approaches - and their somewhat contrasting caricatures of the extent to which the policy process has changed in recent decades. We then turn to the perennial public policy issue of how best to ensure effective policy delivery. We argue that the traditional response of British governments to addressing such issues has been to draw from within the Westminster model by imposing a top-down strategy based on increasing the power of the centre in order to assert greater control throughout the policy chain. We then turn to the way in which the present Labour Government, elected in 1997, responded to what it understood to be the impact of governance on policy-making. Here, we suggest Labour recognised the importance of issues of fragmentation and a loss in central controlling capacity. This was reflected in its subsequent reform programme aimed at improving policy delivery. We argue that since 1997, Labour’s broad approach to reform has been based on a dual-level strategy: 1] it has attempted to sustain and even increase its control over the policy process by concentrating on increasing the size and strength of the ‘centre’, pursuing a programme of joined-up government and imposing rigorous targets on service delivery agents [a state centric approach]. 2] it has argued that the most effective way of delivering public policy is to increase the autonomy of the multiple service deliverers responsible for policy implementation [a modern governance approach]. What then follows is an analysis of Labour’s reform programme, focusing on some of the potential tensions this two-pronged strategy has created. In particular, we consider what we regard as a key contradiction - increasing central control, while at the same time affording greater autonomy to service providers at the street-level. 3 Governance and the Policy-Making Arena At the core of much of the literature on governance are questions concerning the way in which state change has transformed the policy-making arena. Here, the focus is on the extent to which the capacity of the core executive to control policy has been eroded. Broadly, the literature can be characterised as embracing two contrasting narratives – the ‘hollowed-out state’ and the ‘reconstituted-state’. The first set of literature avers that the nature of state transformation is best understood as a a transition from a Weberian, hierarchical model to a complex mix of markets, networks, and hierarchies (see Rhodes 1996, 1997, Pierre, J. 2000, Pierre, J. and Peters, B.G. 2000, Jessop 2004). Central to this argument is that the core executive has seen its power eroded through a process of hollowing-out, so undermining its capacity to impose control on policy. Alternatively, ‘the reconstituted-state’ literature, while recognising that such forces as globalisation, marketisation and new public management have transformed the nature of the state, suggests that the structural position of the core executive, relative to other actors in the policy process, ensures it is best placed to respond these forces. It recognises that state transformation has not merely been a constraint on the core executive, but has also presented opportunities. Here, the relationship between state change and the response of the core executive is understood as contingent and interactive. The core executive possesses both the resources and strategic-learning capabilites to reshape its existing capacities and develop new forms of intervention, in order to sustain its position as the dominant actor in the policy-making arena (see Saward 1997, Holliday , Richards and Smith 2002, Marsh, Richards and Smith 2003). 4 Elsewhere, Peters (2000) characterization of the literature on governance embraces a similar, but different perspective. He likewise suggests that there are two different approaches towards governance: the first, he labels ‘old’ or ‘traditional governance’ which refers to a state-centric approach concerned with ‘identifying the capacity of the centre of government to exert control over the rest of government and over the economy and society’; the second approach is ‘new’ or ‘modern governance’ which questions: ‘how the centre of government interacts with society to reach mutually acceptable decisions, or whether society actually does more self-steering rather than depending upon guidance from government, especially government’ (Peters, 2000:36). First, it must be pointed out, that both approaches characterising the governance literature are not mutually exclusive. The ‘hollowed-out state’ literature is broadly aligned to the ‘modern governance’ approach, whilst the ‘reconstituted-state’ literature draws from the same tradition as the ‘state-centric’ approach (see Table 1). Table 1: Competing Narratives of Governance Literature Governance Narrative Governance Narrative One Two ‘Hollowed-out State’ ‘Re-constituted State’ [Rhodes, 1996, 1997] [Marsh, Richards, Smith 2001,2003] Forces of Governance ‘Modern Governance’ Approach [see Peters 2000] ‘State-Centric’ Approach [see Peters 2000] Globalisation, Internationalisation, NPM, Neo-liberal reforms, Devolution etc. Globalisation, Internationalisation, NPM, Neo-liberal reforms, Devolution etc. 5 Nature of Policy-Making Multiple Actors across a Multiple Actors across a Arena variety of terrains variety of terrains Nature of Policy- Multiple service delivery Multiple service delivery Organising Perspective Differentiated Polity Asymmetric Polity of the Political System [Rhodes 1997] Impact of change on Core Executive Core Executive power eroded by state transformation Impact on State Power Diffuse - pluralistic [Marsh, Richards and Smith 2003] Core Executive power sustained by strategic response to state transformation Concentrated - elitist Implementation Below, we wish to draw on these contrasting narratives of governance to highlight the dual-level strategy the present Labour Government has adopted in its reforms of the policy-making process. But, in order to do this, we must first understand the effect the Westminster model has had on shaping core executive responses to issues in the policy process. Issues in Public Policy: the Shadow of the Westminster Model and State-Centric Solutions Le Grand’s (2003: 2) recent analysis of public policy making is predominantly couched at a micro-level, in which he attempts to interpret the motivations and actions of individual agents within particular policy areas. He asserts that: Policy-makers fashion their polices on the assumption that both those who implement the polices and those who are expected to benefit from them will behave in certain ways, and that they will do so because they have certain kinds of motivation and certain levels of agency. Sometimes, the 6 assumptions concerning motivation and agency are explicit, more often they are implicit, reflecting the unconscious values or unarticulated beliefs of the policy-makers concerned. At one level, Le Grand’s analysis is simple, but intellectually compelling. He suggests that depending on the political make-up of the policy-maker, s/he will hold different views on human nature, which lead to different assumptions about the motivations underpinning the actions of agents further down the policy chain. Le Grand (2003: 2) presents a generalised model in which policy-makers can assume agents are either self-interested actors [a complete knave], or altruistic/public-spirited agents [a pure knight]. Depending on which notion of agency policy-makers subscribe to, in turn conditions the type of policy instrument they then choose to utilise. While Le Grand’s account is useful in identifying the contrasting perceptions held by different types of policy-makers, it is also important to recognise the broader structured environment in which policy-makers operate. In the British context, we would argue that the ‘unconscious values or unarticulated beliefs’ policy-makers hold are themselves in part shaped by the Westminster model. It is important not to underestimate the impact this model has had in conditioning the actions of the core executive when responding to implementation problems in the policy process. Here, we must recognise the macro-context in which public policy in Britain is conducted by first focusing on the nature of the British political system. Prior to the perceived fragmentation of the British state in the last thirty years, the British political system was most often portrayed as a unitary administration, based on a hierarchical form of government. This view was captured in a key normative, though rarely stated, element of the Westminster Model: that the real locus of political power and authority in Britain was the core executive territory (see Marsh, 7 Richards and Smith 2003). As Judge (1993) rightly observes, the nature of the British parliamentary state in practice confers a high concentration of power on the core executive. Until recently, few commentators have dissented from the view that the nature of Britain’s political system was designed to accrue a high degree of power at the heart of government. For example, one only has to recall the arguments made by the former Conservative Minister, Lord Hailsham in 1976, when delivering the BBC Dimbleby Lecture in which he lamented that Britain in effect had a five-year ‘elective dictatorship’. While, more recently, Peters (2000: 42) observes from a more comparative perspective that: By appearing to argue that the state, or the centre of government, is largely incapable of ruling, it appears to refuse to consider that indeed there are cases in which the centre may be effective. That variance may be by country, with the state in some countries – Singapore, Iraq [sic], but also the United Kingdom – having a great deal of capacity to achieve compliance from society. Yet, at this point, if we turn to an alternative set of literature, a disjuncture starts to emerge. On the one hand there appears to be an almost uniform view that the nature of the British political system has evolved in such a way as to afford the centre a high concentration of power. Yet, observations from a key set of actors within the core executive – cabinet ministers – portrays a different picture. Scattered throughout the memoirs of former Conservative and Labour ministers over the last forty years are numerous testimonies expressing frustration and a sense of failure concerning their ability to deliver on their policy goals (see for example, Crossman 1975, Castle 1984, Heseltine 1987, Healey 1989 , Benn 1990, Jenkins 1991, Ridley 1991, Lawson 1992, Parkinson 1992, , Howe 1994). 8 Elsewhere, analysts of public policy have long emphasized the problem of successful policy delivery in liberal democracies (see for example Lindblom, 1959, 1968, Braybrooke and Lindblom 1963, Pressman and Wildavsky 1973; Lipsky 1971, 1978, 1980, Rose 1980, Barrett and Fudge 1981, Williams 1982, Hogwood 1985, 1987; Hogwood and Gunn 1984, O’Toole 1986, Sabatier 1986, Davis and Rose 1994, Kingdon 1996, Hill and Hupe 2002, Rose 2004). First, it should be noted that the original ‘implementation literature’ is based on accounts drawn from the 1960s-70s, pre-dating more recent state transformation from top-down, monolithic models to the growth of single purpose organisations and multiple service delivery agents (see Richards and Smith 2002). It recognises the importance of observing the link between policy-making and society, and not simply assuming that once a policy decision has been made, successful implementation will simply follow. In particular, it argued that those responsible for implementation - street-level bureaucrats [police, social workers, doctors, agency staff etc] – play a vital role in determining the success or failure of a policy2. As Marsh and Rhodes (1992: 6) observe: Discretion is inevitable in all organisations in order to cope with uncertainty. The activities of street-level bureaucrats will thus generate ‘control deficits’ as they develop coping mechanisms to deal with the pressures upon them…[The] top-down model also focuses on central objectives and ignores not only the adaptive strategies of street-level bureaucrats but also the unintended consequences of government action…Finally, the theoretical distinction between policy formulation and policy implementation cannot be sustained in practice because policies are Hill and Hupe (2002: 27) observe that: ‘…public servants working on the street-level have a relative autonomy…a specific “logic of implementation” can be observed. Street-level bureaucrats see themselves as decision-makers, whose decisions are based on normative choices, rather than as functionaries responding to rules, procedures or policies’ (see also Maynard-Moody and Musherno 2000). 2 9 made and remade in the process of implementation. (see also Hay and Richards 2000) Within the context of the UK, Marsh and Rhodes (1992) have adapted the policy implementation literature to argue that while the last Conservative Administration (1979-97) may have had more radical objectives than previous postwar governments, its actual record of policy delivery was no better than its predecessors. Here, their in-depth study of nine different policy areas highlighted what they refer to as an ‘implementation gap’ between the radical rhetoric of Conservative ministers and the actual reality of the policies being pursued. They suggest that the Conservative Government experienced policy delivery and implementation problems for a variety of reasons including: a rejection of consultation/negotiation with lobby groups; a lack of a clear ideological blueprint of reform; poor statecraft in the form of adopting the wrong models and/or tools; a failure to recognise that the resources available to government are constrained; and that implementing new polices often have unforeseen or unintended consequences. Marsh and Rhodes’s (1992: 184) case-study approach to analysing policymaking leads them to conclude that one of the problems of achieving effective implementation is that: ‘the British administrative system is not designed to give the centre hands-on control over local officials.’ Yet, interestingly, governments in the post-war era when addressing issues of implementation, do not appear to recognise the structural constraints imposed on them by the British system. Their standard response has broadly been state-centric - to reform the machinery of government in such a way as to further concentrate powers at the centre, in the hope that such a 10 solution would improve the delivery of policy at the street-level3 (see Kavanagh and Richards 2000). So, the pattern of reforms pursued by different administrations in Britain over the past fifty years in an effort to improve on policy delivery and implementation can be characterised as - state-centric responses based on consolidating further powers at the centre. Here, it is easy to discern the imprint of both a modernist value-set and a firmly embedded belief in the utility of the Westminster Model. The Westminster model provides a prism through which politicians and civil servants view the British political system (see Richards and Smith 2002). A key feature of the Westminster model is its legitimation of an elitist system of governing, in which ‘government knows best’ (see Marsh et al 2003). Where problems arise in the policy-making arena, they are not regarded as systemic, but localised and, as such, a solution can always be found within, not beyond the existing model. The Westminster Model therefore acts as a structure conditioning the institutional response of the core executive. The parameters it imposes tend to lead the core executive towards pursuing reforms that enhance its own power, based on a belief that such a response will provide an adequate solution to, rather than exacerbating, existing problems within the policy-making arena. New Labour, Delivery and the Pathology of Governance For example: in 1951 Churchill introduced supervising ministers referred to as ‘overlords’; in the 1960s-70s the trend was towards ‘super ministries’; the 1974-79 Labour Government introduced the ‘Joint Approach to Social Policy’ [JASP]; the Thatcher Government introduced Next Steps Agencies in 1988 to assert more control over the actual process of policy-making. During the last Conservative Administration there also occurred an ‘audit explosion’, with the dramatic growth of regulation by UK Government (see Hood et al 1998, 1999 and Moran 2003). ‘Audit by government’ can be seen as a strategy by the centre to assert control over other actors/agencies within an increasingly fragmented policy-making arena. Cumulatively, these Conservative reforms were essentially concerned with reimposing executive dominance. 3 11 More than any previous Labour Government, the present Blair Administration has shown [and maintained] an interest in reforming the machinery of government with a view to improving policy delivery. Two and a half years into his first term, Tony Blair complained of having ‘scars on my back’ from his attempts to get Whitehall departments to improve on policy delivery; public servants, he implied, were concentrating on operating in ‘policy chimneys’, protecting their turf and their own interests rather than advancing government programmes (see Kavanagh and Richards 2000). The signs that Labour were to take up the challenge of reforming the policy process were clearly discernible prior to their coming to power in 1997. In opposition, key Labour figures believed that at a general level, government had lost the ability to operate in a single, unified, co-ordinated manner across the whole policy spectrum (see Blair 1996, Mandelson and Liddell 1996, Gould 1998). This in turn, they concluded, was leading to policy failure. Underpinning this view was a narrative Labour embraced that suggested that the British state had become increasingly fragmented. Fragmentation had emasculated the ability of the core executive to pursue holistic policy programmes that cut across different functional areas of government (see Richards and Smith 2000). In particular, Labour subscribed to the notion that the key issue was the inability of elected governments to control and coordinate policy across Whitehall. Their view was that the policy arena had become a more crowded environment with numerous actors competing for political space, curtailing government’s ability to maintain some semblance of control. This can be referred to as the pathology of governance (see Richards and Smith 2002). One effect of this changed environment was that policy was being developed in a more isolated, segmented manner, often leading to unintended and unforeseen consequences, most 12 notably when different departments pursued conflicting policy goals (see Smith 1999). Not surprisingly, as with its predecessors, the response of the Labour Government since 1997 has been to implement a series of reforms that aim to increase the power that the centre wields – a state-centric response. As Richards and Smith (2000:146) observe: ‘Labour politicians have been conditioned, as much as Conservatives, by the Westminster model’. They therefore drew from within the confines of this model in order to find a solution to the problem of fragmentation, a loss of central controlling capacity and implementation failure. Thus, in the year before Labour won the election, Blair declared that: ‘People have to know that we will run from the centre and govern from the centre’ (see Richards 2004: 37). Since 1997, the response of the Labour Government has been to try and wirethe-system back up. This is an attempt to bring together the many, often disparate, elements that constitute the policy arena. Thus, Labour’s antidote to failings in policymaking has been ‘joined-up-government’ and ‘improvement in service delivery’ based on a model of strong central control from Number 10 and the Cabinet Office (see Cm4310 1999; Cabinet Office 2000, 2002). At the same time, it has set in place what appears to be a countervailing force at the street-level, by continuing to pursue a policy of semi-detaching delivery agencies from government [boutique bureaucracy] and increasing the local autonomy of the multiple service deliverers – a modern governance approach (see Office of Public Service Reform, 2002, Peters, 2000). This raises the key issue of whether or not increasing central control, while at the same time attempting to enhance local autonomy creates diametrically opposed goals, which are difficult to reconcile. 13 What we argue throughout the rest of this paper is that Labour’s reform programme has produced a paradox - government has been concerned with improving policy delivery by enhancing its central controlling mechanisms [a top-down, statecentric strategy]. At the same time, it has rhetorically at least, continued to argue for the need to increase the level of autonomy for officials charged with delivering services [a bottom-up, modern governance strategy]. As we saw above, the British political system is not designed in such a way as to afford the centre hands-on control over street-level bureaucrats. We therefore argue that while formal targets and audit programmes imposed by central government can be quantitatively measured, control over the actual process of delivery still often remains with street level bureaucrats based on their own subjective interpretation of a particular policy. As Lipsky (1980:xii) observes, street-level bureaucrats: ‘…believe themselves to be doing the best they can under adverse circumstances and they develop techniques to salvage service and decision-making values within the limits imposed upon them by the structure of work.’ We aver that the more autonomy street-level actors have in terms of delivery, the more likely it is that they will interpret policy in different ways to the intentions of the original policy makers. This can lead to an array of unforeseen or unintended consequences for a Government aiming to re-impose control over the policy-making arena. Labour’s Programme of Reform for Improving Delivery: State-Centric, Core Executive Control Vs Modern Governance, Service Delivery Autonomy Improving Delivery Part 1 –State-Centric, Core Executive Control On one level, Labour’s response to problems of delivery and implementation in the policy process have characterised the standard reaction of previous 14 governments in the form of accruing more powers at the central executive territory. From the outset, the view of the new Government was that it aimed to ‘govern from the centre’. This statement was made in the light of concerns over: the previous tendency of the Labour Party to fragment in government; the institutional divisions within the central state in the form of departmentalism; and for changing patterns of governance to fragment further the central state (see Kooiman1993, Rhodes 1997, Richards and Smith 2000). The rhetoric of the new Blair Government rejected the statist approaches of past Labour Governments for achieving its policy goals, instead the emphasis was to be on control: ‘..the era of “big government means better government” is over’, - ‘control’ was to become its new mantra’ (Blair 2003: 132). As Blair (2003: 132) observed: ‘Leverage, not size, is what counts. What government does, and how well, not how much, is the key to its role in modern society’, sentiments not far removed from the ‘reinventing government’ discourse associated ten years earlier with the American centre-right commentators Osborne and Gaebler (1992). Strengthening the Centre In order to achieve ‘leverage’, the Blair leadership team initially concluded that it should prioritise greater co-ordination. Consequently, one of the slogans of the government’s first term was the need for joined-up government at the policy making and delivery level. From the its perspective: The ‘tubes’ or ‘silos’ down which money flows from government to people and localities have come to be seen as part of the reason why government is bad at solving problems. Many issues have fitted imperfectly if at all into departmental slots. Vertical organisation by its 15 nature skews government efforts away from certain activities, such as prevention – since the benefits of preventive action often come to another department. It tends to make government less sensitive to particular client groups whose needs cut across departmental lines. It incentives departments to dump problems on each other – like schools dumping unruly children onto the streets to become a headache for the police…Over time it reinforces the tendency common to all bureaucracies of devoting more energy to the protection of turf rather than serving the public (Mulgan, 2001, 21). Consequently, the Government created a range of bodies such as the Social Exclusion Unit, task forces, the Delivery Unit, tsars and the Strategy Unit to overcome departmentalism. In some ways, this has further extended the reach of Number Ten into departmental affairs under the guise of ensuring a co-ordinated approach. Changes at Number Ten Initially, pursuing joined up government was a mechanism for increasing the control of the centre because it was a way of ensuring that strategies developed in Number Ten were not undermined by the conflicting goals of departments. As Blair told the Liaison Select Committee in July 2002: ‘I make no apology for having a strong centre, particularly in circumstances where, one, the focus is on delivering better services.’ Since 1997, an important development has been the way in which the resources of the Prime Minister have increased. When Blair came into office, he expanded the size of the Policy Unit (now the Policy Directorate) almost doubling the personnel compared to the Major years (see Kavanagh and Seldon 2000). Crucially, 16 the role of the Policy Directorate has become one not so much of making policy but ensuring that departments are aware of the Blair agenda and are delivering policy in line with Number Ten’s wishes. Blair reinforces this policy steer through regular bilateral meetings with ministers to ensure that they and the Prime Minister are agreed on policy objectives. This is an important development because it means that there is an institutional relationship between departments and Number Ten. Also, Prime Ministerial policy activism does not rely on the whim or attention span of the Prime Minister. Number Ten is developing capabilities to direct departments, which are based on the special advisers within Number Ten overseeing and commenting on the policy proposals that are coming from departments. Again, this is an important change in the patterns of dependency between departments and the Prime Minister with departments becoming more dependent on the Prime Minister for policy initiatives. Whilst the role of the Policy Directorate is largely oversight, strategic policy capability is provided by the Strategy Unit created in 2002. The stated aim of the Strategy Unit is to: ‘improve Government's capacity to address strategic, cross-cutting issues and promote innovation in the development of policy and the delivery of the Government's objectives’ (see http://www.strategy.gov.uk/output/page82.asp). When the Unit was established, it brought together the Performance and Innovation Unit (PIU), the Prime Minister's Forward Strategy Unit (FSU), and parts of the Centre for Management and Policy Studies (CMPS). The Unit has three main roles: ‘to provide strategy and policy advice, to carry out occasional strategic audits and to help build departments' strategic capability (see http://www.strategy.gov.uk/output/page82.asp) 17 Again, this can be seen as an attempt to consolidate control over the policy process at No.10, with the Unit reporting to the Prime Minister through the Chancellor of the Duchy of Lancaster, Alun Milburn and the Cabinet Secretary, Andrew Turnbull. The third change introduced by Labour is centred on their distrust of the Civil Service. This is not related to the ideological disposition of officials, but instead Labour has questioned Whitehall’s ability to develop and deliver policy. The element of distrust was revealed in significant changes in policy-making. Labour looked much more to outside sources for policy advice. This has taken the form of greater use of task forces, tzars and special advisors: in terms of the former, the government created an array of ad hoc bodies – task forces - with the intention of crossing departmental boundaries and providing a range of sources of advice. There role remains rather nebulous, but in response to a Parliamentary Question between May 1997 and October 2000, there were over 200 ‘live’ task forces drawing upon individuals from the private, public and voluntary sector, including academics and civil servants. Some task forces are chaired by ministers, but others are not, and the topics they cover are diverse; the second element, that of the creation of Tsars was a strategy employed by Labour to improve both horizontal and vertical ‘joined-upness’ within and between departments. Tsars are an eclectic mix of outside appointments, bearing an array of informal titles as ‘Drugs Tsar’, ‘Health Tsar’, ‘Transport Tsar’, ‘Anti-Cancer Tsar’, ‘Children’s Tsar’ etc. They are appointed by the Prime Ministers but then work within individual Whitehall departments; the third element saw an increased role for special advisers which have more than doubled in number since the last Conservative government. These political appointees offer an alternative source of advice to ministers. Their influence has changed the established pattern of policy 18 making for the Treasury. For example, according to a report in The Guardian (15 April, 2002), the then Treasury Special Advisers, Ed Balls and David Miliband…: …act as gatekeepers, letting civil servants know what the Chancellor is interested in and acting as a filter for policy ideas coming from below. An official knows that he or she is getting somewhere when they get a halfhour slot with Ed Balls. The state-centric, organisational reforms pursued by Labour have not simply been reflected in the enhanced number of agencies at the centre and increased power at the heart of the Labour Government. It has also been about extending the culture of audit and the use of ‘governing by targets’ - initiatives introduced by the previous Conservative Administration. Again, the application of such tools of governing should be seen in the light of ensuring Whitehall retains control over other actors operating further down the policy-chain. Governing by Target and Audit The previous Conservative Administration (1979-97) while willing to abandon its role of service provider in many areas was much less willing to relinquish any controlling capacities. A similar approach has been adopted by the present Labour Government, leading to what Hood et al (1999) refer to as a new ‘regulatory state inside the state’. The growth in the use of targets and audit mechanisms reflects an attempt by central government to ensure it maintains control over those agencies or actors delivering services to the public (see Hyndman and Eden 2002). Hood et al (1999) observe that the regulation of public-sector bodies grew substantially in the last two decades coinciding with the perceived fragmentation of the state. For example, they contend that individuals employed in ‘oversight bodies for public 19 organisations’ rose approximately 90 per cent between 1976-95, whilst at the same time Civil Service numbers were cut by about 30% and local government service by 20%. Moreover, the institutionalisation of this process by central government is reflected elsewhere in such initiatives as the ‘Citizen’s Charter’, introduced by the Major Government and then extended and re-branded by the Blair Government as ‘Service First’. The rationale behind this approach was to shift power away from service providers to consumers. In practice, this has become an explicit process of auditing the public sector – by publishing performance lists for schools, hospitals, universities etc. Accompanying this process has been the rise in magnitude of an array of regulatory units including; the Deregulation Unit, also created by the last Conservative Administration but again re-branded by Labour – firstly as the Better Regulation Unit and later, the Regulatory Impact Unit; the Better Regulation Task Force; the National Audit Office; the Audit Commission; and the Public Sector Benchmarking Service. Stemming from these government agencies has been the growth of governing by targets and auditing which has taken a variety of forms: the creation of numerous regulatory agencies; by the mid 1990s, Hood et al (2000) estimated that the number of national-level regulatory organisations ranged from between 135-200 with running-costs ranging from between £750 million-£1 billion. the appointment of a set of regulatory or inspectorate officials; the figures were estimated in the mid-1990s to be between 14,000-20,000. Here, there are numerous examples: the Chief Inspector of Prisons for England and Wales created in 1980 to look at the condition of prisons and the treatment of prisoners; or the GM Inspectorate created in 1990 to inspect release sites of GMOs (genetically modified organisms) to ensure that they comply with the 20 terms of the consents granted for trial release or marketing of a GMO. Inspectorates cover almost all areas of social life including health, education, building, the fire service, police, wildlife, vehicles etc. most importantly, the establishment of a wide array of performance-indicators and league-tables for services (see Painter 1999, Cutler and Waine 2000, Hyndman and Eden 2002, Ling 2002, Perri 6 and Peck 2004). The most obvious institutional form in which target-setting has been pursued by the present Labour Government are Public Service Agreements (PSAs), set-up after the 1998 Comprehensive Spending Review. PSAs establish in one document the aims, objectives and performance targets for each of the main Government departments. They include value for money targets and a statement of who is responsible for the delivery of these targets. PSAs are agreed on by the individual department following discussions with the Treasury and the Prime Minister’s Delivery Unit. At present, the Treasury estimates that it has 130 PSA’s in place (see Cm5571 2002, HM Treasury 2005a). An obvious example would be the Department of Health’s PSA, which includes a variety of targets set for the National Health Service: no patient should have to wait longer than six months for an inpatient appointment by 2005; no patient should have to wait longer than 15 months for surgery; no patient should be waiting longer than three months for an outpatient appointment by 2005; patients should not have to wait more than four hours from arrival to admission, transfer or discharge in Accident & Emergency (see HM Treasury 2005b). Where organisations fail to meet the prescribed targets laid down by government, they can incur an array of prescribed penalties ranging from a 21 simple cut in government funding to the out-right closure of an organisation, such as has occurred for example with a number of ‘failed’ secondary schools. The practice of target setting has become the key tool of control now exerted by government, as a report by the Comptroller and Auditor General, focusing specifically on Next Steps Agencies testifies: ‘…performance measurement and reporting are intrinsic to the whole process of public management, including planning, monitoring, evaluation and public accountability’ (HM Government 2000: 2) Analysis At a generic level, Labour’s broader reforms of the policy process were originally identified in the 1999 White Paper Modernising Government (Cmnd 4310). This committed the Civil Service to six key changes that derived from Labour’s modernising government agenda: stronger leadership with a clear sense of purpose; better business planning from top to bottom; sharper performance management; a dramatic improvement in diversity; a service more open to people and ideas, which brings on talent; and a better deal for staff. The White Paper suggested that past reforms: ‘paid little attention to the policy process and the way this affects the ability of government to meet the needs of the people’ (Williams, 1999, 452). Labour’s concern was not simply about improving efficiency; it wanted to change relationships within government and between government and the citizen. This relates to the need to increase the autonomy and devolve power further down the policy chain. Labour’s first two terms saw some significant changes in the organisation of central government and the way that policy was made. The key changes included the emphasis on joined up government, the multiplication of the sources of advice, an upsurge in the use of targets and auditing tools, the strengthening of the centre and the 22 shifting role of the Civil Service. The goal of joined up government created tensions within Whitehall. The ability of departments to work together was greatly constrained by the continuation of departmental structures and the notion of ministerial responsibility (Marsh, Smith and Richards, 2000). Further problems arose because these changes partly built on the reforms introduced by the Conservatives, but also reflected the concerns of Labour and the changing external environment. This produced contradictory demands, for instance, between the notion of market mechanisms as a principle of reform through contracting out and empowering managers and centralized notions of reforms through the use of targets. Improving Delivery Part 2 –Modern Governance, Service Delivery Autonomy The Labour Government, like other governments around the world has seen the detachment of delivery agencies from government, the development of new management techniques and an increase in local autonomy as the key mechanisms for improving delivery. It is the latter theme of autonomy that is fundamental to the present government’s reform programme. As we saw above, the reform programme was initiated by the Modernising Government White Paper (CM4310:1999), but the key theme of enhanced autonomy at the street-level is more clearly expounded on in Reforming Public Services: Principles into Practice (March 2002). In its foreword, Tony Blair enunciates four ‘Principles for Public Service Reform’: National Standards: mean working with hospitals, schools, police forces and local government to agree tough targets and to see performance independently monitored so people can see how their local services compare. 23 Devolution: means Whitehall is serious about letting go and giving successful front-line professionals the freedom to deliver these standards. Flexibility: means removing artificial bureaucratic barriers which prevent staff improving local services. Choice: acknowledges that consumers of public services should increasingly be given the kind of options that they take for granted in other walks of life. (Office of Public Service Reform 2002: 3) The notions of choice and flexibility are explicit references made by the government in response to what it regards as an entrenched approach in Whitehall to delivery in public services based on a view that ‘one size fits all’. For the Government, diversity of provision is the new mantra. This is to be achieved through devolution and delegation4 for front-line professionals – street-level bureaucrats – who are best placed to understand the most appropriate means of delivery in order to meet the specific needs of their individual client groups. As Hill and Hupe (2002: 27) observe: ‘Enhancing street-level discretion may, under certain conditions, be more functional for the implementation of those policies than curbing it.’ Yet, here a proviso must be added. The government is not simply abandoning the state-centric, controlling tendencies that it has traditionally clung onto when pursuing reform. The right to increased autonomy for front-line professionals is not being dispensed carte blanche. Instead, it is based on the ‘carrot and stick’ principle: Better services should get more freedom and flexibility – earned autonomy for schools, hospitals, local government and other public services. Failing services should be given the incentives to improve, and receive intervention In this context: ‘devolution is defined as the handing over of power from central government to a constituent part (e.g. to local government); delegation means entrusting another with the authority to act as agent’. (Office of Public Service Reform 2002:16) 4 24 in proportion to the risk of damaging under-performance. (Office of Public Service Reform 2002: 17) Thus, the Labour Government is committed to freeing up those frontline staff that have earned this right through a proven track record in meeting centrally imposed national standards5 in the form of PSA agreements. In developing this strategy, Gordon Brown announced in his 2003 Budget Statement, a review of: …new ways of providing departments, their agencies and other parts of the public sector with incentives to exploit opportunities for efficiency savings, and so release resources for front line public service delivery’ (HM Treausury: 2003). This culminated a year later in the publication of the Gershon Report (2004) - Releasing Resources to the Front Line - which outlined a programme of efficiency savings6 aimed at financing the increased cost of the Government’s new front-line delivery strategy. The report also identifies what it understands to be the delivery chain within the policy-making process (see Figure 1). 5 One of the four key principles of public service reform referred to above. The report has identified £20 billion in what it refers to as ‘efficiency gains’ to be made by 2007-8, partly based on cutting 84,000 posts in the Civil Service. From that figure, 60% will be directly released to fund front-line delivery services (Gershon 2004:3). 6 25 Figure 1: Generalised Delivery Chain Government Policy and Key Targets One or more Core Departments One or more Intermediate Supervisory Management and Administrative Bodies One or more Intermediate Funding Bodies One or more Regulatory and Inspection bodies One or more Front-Line Delivery Bodies Outcome Source: Gershon( 2004:17) The report then goes on to identify gaps in the knowledge of individual Whitehall departments relating to the way in which policy chains function: Work on the policy funding and regulation workstreams during the Efficiency Review identified that departments in general have insufficient understanding of the efficiency (and effectiveness) of key delivery chains. Departments should undertake robust holistic scrutiny of priority chains where either delivery of key outcomes are not meeting targets or the costs of 26 the chain are disproportionately high compared to the value added. (Gershon 2004:28) Here, it should be noted that the Report’s interpretation of the first stage of the delivery chain [see Figure 1] explicitly conflates government policy and key targets. It is also important to recognise that while targets can be measured, control over actual delivery still remains with the street level bureaucrats. Moreover, the incentive principle identified in Reforming Public Services: Principles into Practice - that street-level bureaucrats who are ‘successful’ in meeting prescribed national standards are subsequently rewarded with greater autonomy in the form of increased devolution and delegation - ignores existing disparities in levels of autonomy already experienced by different types of street-level bureaucrats within the policy chain. For example, it is clear that in certain types of organisations, the autonomy of street level bureaucrats is particularly circumscribed. Variable Autonomy - Scenario 1: Here, we might consider a teacher in a school having to address issues related to drug misuse and is provided with a clear set of directives which must be followed. However, a police officer also dealing with crime related to drug misuse, whilst in a hierarchical organization, has considerable discretion over for example, whether or not to arrest someone or caution them. We must also contrast the scope for variation in autonomy that occurs depending on which level within a policy chain one is examining. Variable Autonomy - Scenario 2: If we adopt the Gershon interpretation of the delivery chain, then in returning to our example above, a police office already experiences a certain degree of autonomy within the delivery chain operating as the primary interface in the delivery of front- 27 line services to consumers – in this case law and order. Yet, within that same delivery-chain, a Chief Inspector of a Constabulary7 who is identified by Gershon as an ‘intermediate supervisory manager’, has much greater levels of autonomy in determining how to respond to government policy and centrally imposed targets. What the proposed incentive structure appears to ignore is the existence already of a wide variety of levels of autonomy experienced by different sets of actors in the delivery chain. Labour’s Dual-Strategy Reform Programme: A Research Agenda One of the key themes enunciated in Lipsky’s (1971, 1980) original groundbreaking research into implementation and the role of street-level bureaucrats in the policy process is that discretion or subjective interpretation is an inevitable consequence of organisational specialisation. Here, he suggested that front-line delivery agents develop ‘coping mechanism to reduce pressure at the coal face’ which undermines the extent to which the centre8 can wield control (see also Elmore 1978). So, for Lipsky, to understand the implementation of policy it is important to recognise that the key cog in the delivery chain is a street-level worker, holding high public service ideals and exercising discretion under intolerable pressures. He therefore concludes that: ‘…attempts to control them hierarchically simply increase their tendency to stereotype and disregard the needs of their clients’ (see Hill and Hupe 2002: 53). In many ways, this theme, a normative concern that shifts the attention away from traditional top-down studies of public policy about how best the top can impose its will, are at the heart of understanding some of the key dilemmas facing the present Labour Government’s own reform programme. Labour has wanted to shift away from the 7 8 A constabulary is a devolved regional police force. In the British context - the core executive. 28 principle of public services predicated on the notion that ‘one size fits all’. They have therefore recognised that to achieve this entails a degree of devolution and delegation to front-line service deliverers who are best placed to recognise the more specific and variable needs of their client groups. Yet, at the same time, Labour has wished to relinquish control over the wide array of service delivery agents created in the modern era of governance. How then, to paraphrase Lipsky, does Labour ensure control over street-level bureaucrats without forcing them to then stereo-type the needs of their client base and continue to pursue a ‘one-size fits all’ strategy. This central theme spawns a further series of dilemmas surrounding Labour’s reform programme, all of which revolve round the key theme of its attempt to increase central control while at the same time paying lip-service to the notion of greater street-level delegation. Further analysis is needed to establish the extent to which Labour’s dual-strategy has: created tensions between those at the centre [the core executive] whose primary responsibilities is for the formulation of policy and the imposition of control over the policy process to ensure policy is implemented as originally intended and the multiple service deliverers [the street-level bureaucrats] who have been promised greater autonomy to allow them to determine the most effective ways of delivering policy on the ground, yet find their autonomy curtailed both by a restrictive culture of audit and interference from the centre? This issue is one which the Government recognises, but claims is not irreconcilable: The argument is sometimes advanced that national standards and devolution are incompatible, since the one represents centralised controls, whereas the other should mean freedom from such 29 accountability. However, demanding standards and devolution need to go together. The best way in which a national standard can be met is by recognising local and often individual differences, and giving service providers the flexibility to shape services around the needs and aspirations of customers and communities. Equally, taxpayers fund public services and have the right to expect that they will be provided fairly to customers, wherever they live, so national standards are essential. (Office of Public Service Reform 2002: 16) the extent to which, in an era of governance, policy is implemented by a multitude of different types of service deliverers: depending on the type of agent responsible for service delivery, have some been able to increase the degree of their autonomy from the centre more than others? where the autonomy of the service deliverer from the centre remains limited, has the response to policy implementation tended to be routinized and standardised, not breaking away from Labour’s perceived pathology that ‘onesize fits all’ in service delivery? concomitantly, do those actors with limited autonomy nevertheless, remain more closely aligned to the original goals intended by those formulating policy, compared to those experiencing greater devolution and delegation? where the autonomy of the service deliverer is much greater, has the response to policy delivery become much more varied, increasing the scope for unforeseen or unintended consequences, and in so doing created policy outcomes which are further removed from the original aims of the policymakers? 30 References: Barrett, S. and Fudge, C. 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