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The Public Sector in An In-Between Time
The Public Sector in An In-Between Time
FORUM
A number of new governance structures has been introduced in the Danish public
sector. These include contract agencies, user boards, boards of directors, marketiz-
ation, corporatization, involving voluntary organizations in public services, EU-
funded state border crossing co-operation, and Europeanization in many forms.
Despite their obvious dissimilarities, these governance structures have one thing in
common: they challenge the foundations of the public sector and territorial rep-
resentative democracy by blurring the distinctions between politics and adminis-
tration; between public and private; and between national and international. If poli-
ticians and voters are deprived of the capacity to make these distinctions, political
responsibility is bound to fade away. Also, each new governance structure down-
loads degrees of indeterminateness in the public sector since they may interact in
unforeseen ways and introduce new actors, roles and practices in the public sector.
This may cause the development of a more flexible public sector marked by ‘local’
appropriateness and adaptability but also by a multitude of inconsistent models and
principles. To avoid the latter, a general discourse on values and their institutional
requirements and the invention of public ‘domains’ is needed.
THE ‘IN-BETWEENNESS’
Close to the turn of the millennium, the Danish public sector is neither
here, nor there. At a rapid speed it is moving away from old principles
and traditional institutional arrangements, heading in no specific direction.
The classic public sector model is left behind and clear alternatives have
yet to be seen. It is a time of ‘in-betweens.’1 This is by no means a purely
Danish phenomenon. As Peters and Wright (1996) aptly put it, most West-
Torben Beck Jørgensen is Professor of Political Science at the University of Copenhagen.
Contract agencies
First, several established directorates have been put under contract. The
idea behind these ‘contract agencies’ is simple. A contract agency implies –
similar to the British ‘next steps’ agencies – that a framework document
spells out a) the organization’s tasks, b) the resources devoted to the
accomplishment of these tasks and c) how and when the organization will
be evaluated. The purposes are a clearer separation of politics and the
organization’s operations, and increased efficiency.
So far, approximately 60 state organizations have contracts. The distri-
bution of contract agencies across functions and ministries does not follow
any clear pattern. Some of the organizations are service-producing organi-
zations, others are regulatory agencies. A few ministries have adopted the
idea in general; others have no contract agencies at all.
According to available evidence (Christensen, Ylling and Nexø Jensen
1999; Thaarup 1995), the result has been more focus on tasks and results
and at least a short-term efficiency gain has been achieved. However, in
most cases neither the parent ministries nor the ministers have taken a lead
in formulating goals. Parliament has not been interested in the question
and a majority of MPs has presumably never heard about contract agencies.
Goals have emerged bottom-up. Thus, a separation of politics and oper-
ations has not been achieved. Rather, policy-making capacity has increased
at the organizational level.
Board of directors
Second, a number of public organizations have been assigned boards of
directors. The purpose of establishing a board of directors is more often
than not an achievement of efficiency by involving fewer people, by a
Each of these displacements has separate causes and purposes. The dis-
placements from state to market are more often than not motivated by
assumed efficiency gains and the achievement of a much more slender pub-
lic sector. Also, EU policies play a role with regard to the liquidation of
Contracting out
When to produce by yourself or buy from an external supplier is a well-
known question in managerial economics and the new institutional eco-
nomics. Nonetheless, when referring to policy areas such as social care,
contracting out for years has been a sensitive and ideological issue in
Denmark. Contracting out challenges in a visible way the boundary
between public and private; and supporters (the bourgeois parties and the
industrial associations) as well as the antagonists (the leftist parties and the
unions) are well organized.
However, if based on proper principles, contracting out may have some
advantages (Mikkelsen 1996). Successful contracting out presupposes com-
petition between bidders (private ownership itself is no advantage), in-
depth discussions on goals and tasks, and conscious considerations on
employee policies. If not done so, efficiency loss, quality deterioration, and
decreased political accountability are the likely results.
In the long run, the risk is monopolistic or oligopolistic market behaviour
with tacit cartelization and price agreements which are deemed expensive.
To avoid this, one can adopt a mix of private suppliers, standard public
production, and production by employee co-operatives and let these differ-
ent governance structures compete. This has been done with success in the
elderly care in the City of Hälsingborg in Sweden.
Voluntary organizations
Denmark is a country of associations. Whenever a problem occurs or an
opportunity shows up, Danes establish an association. What is unique for
Denmark compared to, for example, the United States is not the high num-
ber of voluntary associations but rather the simultaneous existence of
numerous associations and a large public sector. Voluntary organizations
have a distinctive feature compared with private firms and public organiza-
tions. Neither the stick (authority, compulsion) nor the carrot (money) is
necessary to get things done. Members do a job because they subscribe to
the goals and basic values of the organization.
Voluntary organizations constitute an interesting potential resource for
societal and public sector development (Klaudi Klausen, Anderson and
Strømbæk Pedersen 1996). They do have goals and a high consciousness
of values (compared to many public organizations), and members often
accept working conditions which make unions despair. Further, voluntary
organizations can change with more flexibility than most public organiza-
tions.
As is true of contracting out, using voluntary organizations for public
purposes entails some risks. Some voluntary organizations may stick to a
narrow mission and focus only on soluble problems, leaving the intractable
Processes of internationalization
Internationalization impacts on Denmark in three distinct processes (Thore
Jensen 1995). Societal internationalization is the free exchange of ideas, infor-
Territorial dynamics
The concept of territory plays a highly important role in most political sys-
tems. The primary example is the conception of the sovereignty of the
nation state. Also, most political systems are divided into territories, being
administrative districts or local governments, the latter being especially
important in Denmark. Part of the reason for ascribing a high importance
to the concept of territory is that the geographical area forms the basis of
representative territorial democracy.
Many of the developments tend to challenge given political territories.
A free choice allows citizens to criss-cross political boundaries, as is the
case if a citizen chooses a county hospital outside his/her home county.
User boards are examples of functional democracy based on a role, not a
specific geographic area. Non-elected local authorities or special-purpose
bodies are often highly specialized public organizations with districts opti-
mized from a technical point of view and with little or no couplings to
local governments. Private firms on contract with several local governments
may look at the single local government as a customer, not as a political
body. The internationalization of public services weakens the relationships
with national governments.
On the one hand, we may have a rather clear picture of what we are
leaving behind. In this respect we may find ourselves ‘destined’, and the
dictum of Seneca may apply: ‘Destiny guides the wise, draws the fool’. On
the other hand, we can only in a sketchy way draw a picture of the future
public sector. Even a picture of the present public sector may be difficult
to draw.
The future picture may include the following:
– a whimsical political control of a diffuse public sector,
– composed of an array of differentiated policy sectors,
– some of these consisting of many relatively autonomous organizations,
– guided by contractual relations and varying forms of networks, and
– embedded in changing and overlapping territories.
There is no reason to paint a more detailed picture of the future public
sector. One may play with the future when inventing scenarios (Gjelstrup
and Palludan 1996; Peters 1996) but forecasting is troublesome because of
the public sector’s indeterminateness.
Role indeterminateness
Most if not all the new developments do not lay down certain tracks to the
future. New organizational forms are highly precarious. As Stinchcombe
(1965; p. 148) noted ‘a higher proportion of new organizations fail than old’.
On the other hand, new developments may create new possibilities by con-
stituting new situations, roles and accountabilities, and in some instances
they also introduce new actors in the governance of the public sector. Few
if any of these new roles and accountabilities are ready-made. On the con-
trary, they are open to interpretation, experimentation – and failure. In con-
clusion, each development downloads a degree of role indeterminateness
in the public sector.
Contract agencies do not constitute a legally binding organizational form.
The contract has no legal existence and in that respect it does not alter the
general rule of ministerial accountability. It expresses an agreement
between the minister (the ministry) and the public agency in question,
which may be bypassed by the minister any time. Thus, the concept of
contract agencies contains the seeds of many possible futures.
On the one hand, contract agencies only exist as long as the actors – the
parental department and the minister, the Ministry of Finance and the
agency – perceive the contract as binding. Bypassing the contract is tempt-
ing as soon as one of the actors sees an advantage in doing so. The parental
department may not trust the agency to administer themselves. The first
letter from the ministry saying: ‘well, something has happened and all
things considered, we think the contract really didn’t foresee that, so unfor-
tunately we are forced to . . .’ can be disastrous for the credibility of the
contract. In this scenario the likely future is that contract agencies collapse
one by one in a randomly ordered sequence.
On the other hand, the contract may have instituted a new ‘game’, the
essence being that the actors pretend the contract is legally binding. Indeed,
there can be good reasons for that. Time and prestige may be invested in
the contract. If so, it may be costly for the actors to ‘leave the game’. If the
actors therefore continue to pretend the contract is legally binding, paying
respect to the contract may become a habit. Once it becomes a habit it is
not far from becoming a normative obligation, which is close to quasi-legal
status. In this scenario, a new structural element has been added to cen-
tral government.
User boards, in contrast to contract agencies, have a legal status. But the
role of the actors is not clearly defined. Moreover, user boards introduce
parents as new actors. Thus, the future of user boards depends on how the
roles are specified and the experience and learning of the new actors.
On the one hand, local government politicians and public employees may
stick to ‘same procedure as last year’, because they perceive user boards
as threatening traditional territorial democracy and professional service. In
turn, competent users may show little interest in standing as candidates for
board positions, since they perceive user boards as non-influential. In this
scenario, user boards are being marginalized.
On the other hand, local politicians may define the combination of the
small functional democracy with the larger territorial democracy as a demo-
cratic progress, and employees may find it advantageous to incorporate
user experiences. Contracts defining accountabilities more clearly between
local government and user boards can be formulated. In this scenario, a
new democratic form has been added to local government.
Border-crossing co-operation between sovereign states, as funded by the
EU INTERREG programme, shares the same kind of indeterminateness. The
co-operation between the Danish County of Southern Jutland and the Ger-
man Land Schleswig-Holstein can take many forms. Southern Jutland may
be tied in to the continent. Or Schleswig-Holstein to Jutland. Or the night-
mare for centuries in Danish foreign policy: the autonomous Duchy of
Slesvig-Holsten (including Southern Jutland) may re-emerge in a new
shape. Or a partly artificial border may be softened a bit.
Many other examples could be mentioned. They would all lead to the
same conclusion: an increasing number of new roles, actors, and situations
add to the indeterminateness of the future of the public sector.
Interactional indeterminateness
As with the way chemicals react on each other, many of the developments
may interact in unforeseen ways with unpredictable consequences. They
may reinforce or neutralize each other. Or they may create a ‘new substan-
ce’. We label this type interactional indeterminateness.
In general, interactional indeterminateness can unintendedly be increased
by current administrative reforms. When discussing the future of govern-
ing, Peters (1996) identified four possible futures, the emergence of each
depending on what properties of the public sector to be diagnosed as being
the problem, i.e. monopoly, hierarchy, permanence, and internal regulation.
The preferred alternative futures are, respectively, market government, par-
ticipative government, flexible government and deregulated government.
Consider tough reformers launching full-scale attacks on the classic public
sector, involving attempts to cure all four problems simultaneously. The
result is likely to be higher indeterminateness, as the four models on many
dimensions are contradictory.
For example, user boards at schools may be combined with a free choice
of school for parents, i.e. a democratic form of governance (voice) may be
combined with a market type of governance (exit). What would be the
likely result? This is hard to predict. The voice of parent representatives at
user boards may be taken more seriously if parents can sanction the school
by exiting. However, the exit option may as well undermine parent commit-
ment to the local democracy at the school. In many situations the exit option
may be perceived of as a much more effective sanction, compared to the
often slow and unpredictable democratic process. Whether the final result
turns out to be reinforcement or neutralization depends on a number of
factors, some of them presumably unknown today.
For another example, contract agencies may be combined with corporate
boards. The likely result is that survival of contract agencies is increased,
since the boards supposedly have an interest in guarding the contract
against ministerial arbitrariness. If this occurs on a broad scale, new subst-
ance has been created: a different central government, consisting of policy-
oriented core departments and relatively autonomous agencies with corpor-
ate boards attached. Thus, in a rather casual way, we have approximated
the Swedish constitution without any formal changes in the Danish consti-
tution.
Thus, the future is not linear. It is interactive. To predict the future of
the public sector is therefore just as troublesome as forecasting the weather.
NOTE
1. This article is a revised and abbreviated version of a final report, resulting from a two-year
investigation of the Danish public sector, initiated and financed by the Danish Association
of Jurists and Economists. The investigation has been carried out independently of the
association. The report was authored by Torben Beck Jørgensen, Gunnar Gjestrup, Henrik
P. Olsen, Karina Sehested and Bent Thaarup. I am indebted to comments on earlier drafts
from Barry Bozeman, Larry O’Toole, Hal G. Rainey, R.A.W. Rhodes, Richard Stillman, and
my colleagues at the University of Copenhagen.
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