We want your views on the European Charter of Local Self-Government (Incorporation) (Scotland) Bill

Your views 

There are five questions below and you can answer as many as you want. Please give reasons for your answers where possible, bearing in mind that it might be possible to make some changes to the Bill as the Scottish Parliament looks at it. 

1. The main aim of the Bill is to make the European Charter of Local Self-Government directly enforceable in Scots law and to require the Scottish Government to act in a way that agrees with the Charter [section 1 and 2]. Do you agree with this? 

2. Section 3 of the Bill puts a general duty on the Scottish Government to support local government. The Scottish Government must also report to the Scottish Parliament about what it has done to support local government at least once every 5 years. Do you support section 3? 

3. Section 4 of the Bill says all legislation must be interpreted in line with the Charter whenever possible. Section 5 allows a court to make a “declaration of incompatibility”. This is a statement that a provision in a piece of legislation is not in line with the Charter. Where this declaration has been made, section 6 gives the Scottish Government power to take action to fix this provision so that it is line with the Charter (section 6). Do you agree with these sections? 

4. Section 7 allows a court to limit the consequences of a ruling that the Scottish Government has not complied with a duty set out elsewhere in the Bill. For instance, the court could provide that the effects of the ruling don’t reach back in time. It can also give the Scottish Government some time to take corrective action to address the ruling. Do you agree with section 7? 

5. Do you have thoughts on anything else about the Bill, for example:
• how quickly it should become law after it’s passed (section 10 says this should happen almost immediately)
• what financial impact it will have if it becomes law
• if it will have any positive or negative impact on equality or human rights.

How to submit your views  

Written responses should be sent electronically, in word format only to [email protected] Ideally, they should be no more than two sides of A4. 

Please note that in most cases your written submission will be published on the Scottish Parliament’s website and may be quoted in a report or correspondence by the Committee or in Committee meetings (which are public and broadcast). 

Before making a submission, please read our privacy notice about submitting your views to a Committee. This tells you about how we process your personal data. 

Due to the current Covid-19 pandemic, we are unable to accept hard copy submissions on this occasion.

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