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European Charter of Local Self-Government (Incorporation) (Scotland) Bill

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.

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.

Explore the guidance and rules for Bills

See the process for Bills and how to share your views

Introduced: the Bill and its documents

Overview

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:

  • actions that Scottish Ministers take within their devolved powers
  • laws that are in the legislative competence of the Scottish Parliament

It will mean action can be taken in the courts to challenge these actions and laws if someone believes they may not be compatible.

Why the Bill was created

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.

Accompanying Documents

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

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Additional Member in charge

Mark Ruskell MSP is the additional member in charge for the European Charter of Local Self-Government (Incorporation) (Scotland) Bill.

Research on the Bill

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

Stage 1: general principles

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.

Lead committee examines the Bill

The lead committee for this Bill is the Local Government and Communities Committee.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee on the Bill

Stage 1 report by the lead committee

Local Government and Communities Committee published its report on 22 January 2021.

European Charter of Local Self-Government (Incorporation) (Scotland) Bill Stage 1 Report

Stage 1 Debate and decision

A Stage 1 debate took place on 4 February 2021 to consider and decide on the general principles of the Bill.

  • Motion title: European Charter of Local Self-Government (Incorporation) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the European Charter of Local Self-Government (Incorporation) (Scotland) Bill.
  • Submitted by: Andy Wightman
  • Date lodged: Tuesday, 26 January 2021
  • Motion reference: S5M-23963
  • Current status: Taken in the Chamber on Thursday, 04 February 2021

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 4 February 2021

Stage 2: changes to the Bill

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. 

Meeting on amendments

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

After Stage 2

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

Stage 3: final changes and vote

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

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: European Charter of Local Self-Government (Incorporation) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the European Charter of Local Self-Government (Incorporation) (Scotland) Bill be passed.
  • Submitted by: Andy Wightman
  • Date lodged: Thursday, 25 February 2021
  • Motion reference: S5M-24238
  • Current status: Taken in the Chamber on Tuesday, 23 March 2021

Result 114 for, 0 against, 0 abstained, 15 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 23 March 2021

What's next?

Supreme Court ruling

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.

Ministerial Statement

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.

Read the statement