Enshrining Local Government - A Consultation On Local Government
9th September 2020
This article was first published on the Scottish Community Alliance web site on 8th September 2020. Andy Wightman MSP has bill before he Scottish Parliament that may help change the course of local government in Scotland.
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With the very fundamentals of democracy around the world coming under threat as never before ,it's self-evident that nothing should be taken for granted. What would have been inconceivable behaviour for a mature western democracy just a few short years ago has become the new norm. And once the fundamentals of strong, healthy democratic behaviour are lost, it becomes much harder to rediscover them. Which is why Andy Wightman's Bill to incorporate the European Charter of Local Self-Government into domestic law is so important. If nothing else as a backstop against the over-centralisation of power. Consultation ends next week.
Extract from Policy Memorandum for the European Charter of Local Self-Government (Incorporation) (Scotland) Bill
The member's view is that over the past century the status, powers and freedoms of local government have been slowly eroded and marginalised. Governments of all persuasions have tended to concentrate more executive and fiscal power to the centre. At the same time, whole spheres of local governance (such as Scotland's former 196 town councils) have been eliminated.
Over the 20 years since the Scottish Parliament was established, local democracy has been neglected and Scottish Ministers have assumed greater influence over local government affairs by exerting control over local tax rates and mandating specific policy outcomes in relation to the statutory powers of local government. That this has often been facilitated by local government itself does not in any way affect the ongoing erosion of local autonomy.
This document relates to the European Charter of Local Self-Government (Incorporation) (Scotland) Bill (SP Bill 70) as introduced in the Scottish Parliament on 5 May 2020 3 9. The European Charter of Local Self-Government was designed to provide a guarantee of minimum constitutional safeguards for the status of local government across member states of the Council of Europe. As an international treaty, however, it can only have full effect in law once it is incorporated into domestic law, which is what this Bill is designed to do.
Scottish Parliament is consulting until 17th September
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Scottish Community Alliance web site
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Speaking as the call for views was launched in July 2020, committee convener James Dornan MSP, said: "Local authorities deliver a wide range of services that are a vital part of our daily lives; from social care and public libraries to planning and street cleaning.
"The aim of this bill is to strengthen local democracy by increasing the autonomy of local authorities and enshrining support for local government into law.
"The committee are interested in hearing from people across Scotland as to whether they feel this bill will support local government, strengthen the bond between councils and communities and make a practical difference to people's lives.
"We also want to make sure it would have no unintended consequences. We are keen to hear whether the public supports these measures.
“We also want to gather thoughts on the financial impact of this legislation, and whether this will have a positive impact on equality and human rights."
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The threats to local democracy have been ongoing for decades and reductions to the numbers of local councillors affect Highland and once again another reduction is planned. See Councillors to debate rejection of Boundary Commission's proposed electoral changes for 2022
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Further reading if you have the stamina
Although not directly on the above topic the following report commissioned by Highland council shows the views and frustrations of local people with local democracy and feelings of powerlessness.
The Commission On Highland Democracy published in December 2017
15 December 2017 - Highland Council
The Commission on Highland Democracy has this week launched its report at the meeting of The Highland Council.
The Commission, which was supported in its work by The Highland Council, but is independent, has produced a comprehensive analysis of the state of democratic participation in Highland.
Commissioners, drawn from across public life in Highland, considered the many submissions received from people and groups across the area before setting out key findings. The report also plots out suggested next steps for The Council and its partners to consider.
Rory Mair the Commission's Chair said: "The Commission has worked hard to, first and foremost, get out and about and listen to people in communities across Highland. They discovered that there is really an appetite among those that live in Highland to get involved in the democratic process which shapes their communities.
"We found that people consider decision making to be centralised, not because it takes place a long distance from them. Rather, they feel that centralisation occurs when a small group of highly empowered individuals take decisions in a way that has little reference to anybody outside the decision making group and in an exclusive way. It matters little where decision makers are situated and much more how they go about their business. People want a relationship with decision makers in which they are involved and engaged on an ongoing basis.
“The Commission has identified these and other issues, but has also suggested a way forward for the Council and other organisations who support our communities in the Highland to consider."
Councillor Margaret Davidson, Leader of The Highland Council, welcomed the report saying: “Highland Council agreed to establish an independent commission in March 2016 to explore the current state of democracy in the Highlands, and to have conversations locally about the kind of democracy people want to have.
“We know from our annual survey work that very few people in the region feel that they are involved in how the Council spends its money, or feel that they have any influence over decision making in their local area and Rory and his fellow Commissioners have worked hard to produce a report that is based on hearing what our communities have to say about this. They have brought their vast experience of serving Highland communities to bear in proposing actions that we and our partners should now consider. I am delighted to receive this report today and I am confident that this will help shape our thinking to improve and enhance democracy in the Highlands."
The final report is available on the Commissions website at: https://highlanddemocracy.wordpress.com/
[b]The Smith Commission Report of 2014[b]
Briefing on the Smith Commission Report January 2015
