This Member’s Bill was introduced by Andy Wightman MSP. The Bill proposes to incorporate the European Charter of Local Self-Government into Scots law.
This is a Member's bill
The Bill was introduced on 5 May 2020. Stage 3 ended on 23 March 2021.
The Bill has been passed. Royal Assent is required for it to become an Act.
This Member’s Bill was introduced by Andy Wightman MSP. It proposes to incorporate the European Charter of Local Self-Government into Scots law.
The Charter is an international treaty of the Council of Europe signed by the UK in 1997. The Council of Europe is an international organisation founded in 1949 to uphold human rights, democracy and the rule of law in Europe. The Charter sets out some principles to protect the basic powers of local authorities.
Extra legislation is needed to give the international treaty the same status in Scots law as domestic laws. That is the purpose of this Bill.
Under this Bill, the following must be compatible with the Charter:
It will mean action can be taken in the courts to challenge these actions and laws if someone believes they may not be compatible.
The member in charge of the Bill, Andy Wightman MSP, has introduced the Bill to strengthen the status and standing of local government.
Andy Wightman supports the principles of the Charter. He wants to make sure they are routinely applied by the Scottish Government.
He also wants to make sure that people who think those principles are not being followed can do something about that. This includes raising their concerns in a Scottish court.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill as introduced (330KB, pdf) posted 05 May 2020
Explanatory Notes (138KB, pdf) posted 05 May 2020
Policy Memorandum (339KB, pdf) posted 05 May 2020
Financial Memorandum (175KB, pdf) posted 05 May 2020
Delegated Powers Memorandum (154KB, pdf) posted 04 May 2020
Statements on legislative competence (130KB, pdf) posted 12 May 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
Mark Ruskell MSP is the additional member in charge for the European Charter of Local Self-Government (Incorporation) (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the European Charter of Local Self-Government (Incorporation) (Scotland) Bill
The Bill was introduced on 5 May 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Local Government and Communities Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
Local Government and Communities Committee published its report on 22 January 2021.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill Stage 1 Report
A Stage 1 debate took place on 4 February 2021 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 4 February 2021
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 24 February 2021.
Marshalled List of Amendments for Stage 2 (196KB, pdf) posted 19 February 2021
Groupings of Amendments for Stage 2 (162KB, pdf) posted 19 February 2021
The Delegated Powers and Law Reform Committee published a report on 18 March 2022 on the Bill after Stage 2 amendments.
European Charter of Local Self-Government (Incorporation) (Scotland) Bill: Stage 2 report
The Bill ended Stage 2 on 24 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 23 March 2021.
Marshalled List of Amendments for Stage 3 (166KB, pdf) posted 17 March 2021
Groupings of Amendments for Stage 3 (171KB, pdf) posted 18 March 2021
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 114 for, 0 against, 0 abstained, 15 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 23 March 2021
The Supreme Court has ruled that some of the things this Bill sets out to do are not within the powers of the Scottish Parliament. Because of this, the Bill cannot become law in its current form.
On 24 March 2022, John Swinney MSP made a statement on next steps for the European Charter of Local Self-Government (Incorporation) (Scotland) Bill and the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill.