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The Committee's Work on Boundary Regulations - 4 October 2021

Letter from Boundaries Scotland to the Convener - 4 October 2021

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Dear Ms Burgess,

I am writing to place on record the views of Boundaries Scotland on the recommendations by the Local Government, Housing and Planning Committee not to approve our proposed electoral wards for Highland and Argyll & Bute councils, and on its subsequent report on the related electoral arrangements regulations.

The Commission is deeply disappointed by the rejection of its proposals and disturbed by a number of aspects of the evidence that was presented to the Committee in its consideration of our reviews. Highland Council did not seek to conceal the fact that it embarked upon an overtly political campaign from the outset, before we had made any proposals. They pursued this rather than engage with or facilitate our consultation process as other councils did, thereby impairing our ability to carry out our responsibilities under legislation. Furthermore, the council consistently made requests and suggestions that are beyond the scope of the legislation that governs these reviews and are likely to feel justified in taking this approach to any future review. We believe that much of their evidence should have been subjected to deeper scrutiny and, ultimately, discounted as irrelevant on these grounds.

Argyll and Bute felt more flexibility could have been demonstrated (as did Highland Council). However, the extent to which the Commission made use of special geographical circumstances in both councils demonstrates that we sought to recognise the needs of remote and island communities, even where this led to considerable levels of disparity within the council areas. It was very clear that both councils were primarily concerned about overall councillor numbers rather than fairness of electoral representation for voters. However, the maintenance or enhancement of councillor numbers is not an objective of boundary reviews.

Turning to the Committee’s report, it is gratifying that this recognises the Commission’s willingness to deviate from parity where circumstances require this and that we can only do so to the degree dictated by the Local Government (Scotland) Act 1973. It is also pleasing that it reflects the very positive comments from all councils (with the exception of Highland) on the way we engaged with them and with their local communities and took into account their views where the legislation allowed. In practice, however, this means that we fulfilled our statutory duties and discharged our responsibilities effectively but our proposals for the two councils that did not agree with the outcome of our reviews have nevertheless been rejected. The report states that “the Committee would encourage all parties to participate in … the re-examination of proposals for Argyll and Bute and Highland Council areas with a view to reaching recommendations acceptable to all parties”. The implication of this would appear to be that acceptance by the council is necessary for the adoption of our recommendations by the Scottish Parliament.

This is borne out in the conclusions of the report, which state that “The Committee believes there is still work to be done in finding a solution acceptable to both Boundaries Scotland and Highland and Argyll and Bute Council”. This suggests that council dissatisfaction is a sufficient condition for rejecting boundary reviews, even if these have been conducted in full compliance with statutory requirements, a tested and accepted methodology and best practice in consultation. This is an entirely new principle, not provided for in legislation, and one that poses a fundamental challenge to the conduct of future reviews and the role and purpose of the Commission.

The Commission will meet on 12 October to consider more fully its response to the Committee’s recommendations. However, I understand that the outcomes of our reviews are likely to be determined by the Parliament in the course of this week and felt it important to write to you in advance of that. I have also written in similar terms to the Deputy First Minister as the Minister responsible for Boundaries Scotland.

Yours sincerely,

Ronnie Hinds
Chair, Boundaries Scotland