Hansard

I am pleased to speak in the debate on the European Charter of Local Self-Government (Incorporation) (Scotland) Bill. Like others, I pay tribute to Mark Ruskell for his work in getting it to this stage.

As we have heard, the Scottish Government is firmly committed to the bill and to the principles that underpin the European Charter of Local Self-Government. At its core, the legislation is about strengthening local democracy in Scotland and placing our partnership with local government on a clear and durable statutory foundation. It is a significant and forward-looking measure.

By incorporating the charter into domestic law, Scotland will become the first nation in the United Kingdom to do so, which is an important step. It reinforces our shared belief that decisions are often best taken closest to the communities that they affect, and that councils should have the standing and stability required to serve those communities effectively.

The charter sets out core principles that are designed to safeguard the political, administrative and financial independence of local authorities. It affirms the role of councils composed of members who are freely elected by secret ballot on the basis of direct, equal and universal suffrage. Across Europe, those principles have contributed to vibrant local democracies and strong systems of self-government. Through the bill, we bring those principles directly into Scots law.

The bill places duties on the Scottish ministers to act compatibly with the charter articles and to promote local self-government. That is entirely appropriate. By embedding those duties in statute, we help to ensure that local self-government is respected, advanced and sustained over time. Working collaboratively with local government is, and will continue to be, a priority for this Government. The Government is committed to a vibrant and inclusive democracy. We support local self-determination. The bill reinforces the autonomy of the powers of councils and strengthens their status and standing within Scotland’s system of governance. It provides an opportunity to enshrine in Scots law a culture of partnership and participation that benefits communities across the country.

As we have heard, the Supreme Court concluded in 2021 that specific provisions were outside legislative competence.

Since then, constructive work has taken place to enable the bill to proceed in a way that secures competence and delivers its core objectives, and we have arrived here today.

As we have heard already, the Scottish Government said that it would support the bill, subject to the amendments that have now been agreed to, which will ensure that the bill rests securely within the powers of this Parliament. Although we remain of the view that section 2 is within competence, amendments to limit its effect, alongside changes to sections 4 and 5, will help the bill to progress smoothly and are likely to avoid a further reference to the Supreme Court, as has been outlined by the cabinet secretary. Our approach is guided by a clear aim: to deliver the strongest possible legislation with clarity and certainty.

The bill also sits alongside the Verity house agreement, which already commits ministers to act consistently with many of the charter’s principles, including a presumption in favour of local flexibility. Through that agreement, we have strengthened the relationship between national and local government and set out how we will work together to improve outcomes for the people of Scotland. Incorporation of the charter complements that shared endeavour and provides it with an enhanced legal foundation.

By the end of this parliamentary session—which is fast approaching, as we all know—we will have taken significant steps to advance fiscal empowerment and flexibility for local government, including baselining over £2 billion of the general revenue grant, jointly publishing a fiscal framework with COSLA, and progressing work towards a power of general competence. These actions demonstrate that commitment to local self-government is practical as well as principled.

By incorporating the European Charter of Local Self-Government into Scots law, there is affirmation that local self-government is an essential part of Scotland’s constitutional landscape. It provides greater certainty for councils and strengthens democratic accountability at every level. With it, we take a confident step towards aligning Scotland with the best traditions of local democracy across Europe. I urge members to support the bill at decision time.