Meeting of the Parliament (Virtual) 04 February 2021
I speak in support of the bill, which seeks to incorporate the European Charter of Local Self-Government into Scots law, as others have mentioned.
The charter was created in 1985 by the Council of Europe, setting out 10 principles to protect the basic powers of local authorities. It advocates for the principle of subsidiarity and that local authorities should be able to regulate and manage public affairs under their responsibility in the interests of their populations. We have seen rampant centralisation and the disempowerment of local authorities, so they are in desperate need of this legislation.
The charter ensures that public responsibilities should be exercised by the authorities closest to the people who are affected by their decisions. A higher level of government should become involved only when it is impossible, or less efficient, to deliver at the level immediately below.
If the bill passes, it would allow individuals and organisations to challenge the Scottish Government in court if its laws or decisions were not compatible with the charter, so it is not surprising that many local authorities support the bill.
Covid support has highlighted to me the benefits of decision making taking place at the most local level possible. Local authorities across the Highlands and Islands have, in many ways, very different geographies and socioeconomic pressures to those in the rest of Scotland. The charter would strengthen their ability to have local solutions for local problems.
When I contact councils about delays in making Covid business support available, they tell me that they are waiting for the criteria for distribution from the Scottish Government. It is simply wrong that the Government announces funds and builds expectation, but fails our councils and those who need that support by being tardy with the criteria. The criteria should be set by the councils, because they know their communities.
There is also strong support from Orkney Islands Council and Shetland Islands Council, which, I am sure, hoped that the Islands (Scotland) Act 2018 would meet some of these aspirations. Unfortunately, we have seen little that is tangible from that legislation. The councils know what is best for their communities and how to make the most of the resources that are available to them in their unique geographical contexts.
Implementing the charter could give greater independence to local authorities in their distribution of Covid-19 recovery grants and funding, targeting the businesses and communities that are most in need in their areas. In ordinary times, it would give them flexibility to serve their communities’ needs with the funds that are available.
Sadly, we see local government being increasingly disempowered. The Boundary Commission for Scotland is looking to cut the number of councillors representing the vast rural areas of Highland Council. That would do nothing for local decision making and would make it even more difficult for constituents to contact their councillors.
Incorporating the charter into Scots law would mark a new era of strong, effective and responsive local government that best serves every community, taking into account their local authority’s particular economic, social and geographical needs. I will therefore support the bill tonight.
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