Seòmar agus comataidhean

I am pleased to speak in this afternoon’s debate, and I thank Jeremy Balfour for bringing the issue to the chamber.

The motion for today’s debate speaks to the simple but important principle that lived experience can strengthen our democracy. Although statistics and political theory are no doubt important for making policy, they cannot be the only things that influence how the Parliament decides on law. Legislation must also be informed by the experiences of those who the decisions affect. That is why we support having politicians who have a variety of life experiences, as that can improve the choices that they make.

We should also support the inclusion of groups who are underrepresented in politics, which is why initiatives such as the Parliament’s disability summit are so important, as the motion highlights. The summit demonstrates clearly how the political debate improves when underrepresented groups, including disabled people, are fully involved in the wider political debate. Jeremy Balfour’s motion says that disabled people are underrepresented in Scottish politics, which is a trend that is also happening in the United Kingdom, across Europe and in the United States.

A study in 2024 found that disabled people in the UK and the US feel better represented by disabled candidates. That was driven partly by a sense of shared identity but also by a feeling that they are better represented by candidates who share their disability. The study also highlighted evidence that non-disabled people also see disabled political candidates as bringing

a range of traits and skills to the table”,

which is important partly because disabled candidates offer different life experiences, as we know. That reminds us of the need to tackle the remaining barriers that discourage and prevent disabled people from participating in politics, as that should help to unlock the potential that many individuals can offer to the political system.

That work includes programmes such as the access to elected office fund, which is run by Inclusion Scotland. That should go alongside continued efforts to tackle other inequalities that disabled people face in their day-to-day lives. For example, we know that the number of disabled people in employment has increased over the past decade, but it is still very small when compared with the number of non-disabled people in employment. For groups across society, tackling one form of inequality often means tackling other forms alongside that.

Members across the chamber agree that the Parliament should fully reflect Scotland and what Scotland represents. That means that we must be committed to removing unnecessary barriers to inclusion, and if we truly want to be inclusive, that must include our political system. Those barriers include disabled people and many other demographics who remain underrepresented in politics as a whole. Lived experience should not sit on the margins of discussion. It should be recognised as part of the effective scrutiny that proper law making requires.

Promoting inclusion and ensuring that there is diversity across political issues and across the political divide is vital. The Parliament should be grounded in the realisation that it affects everyday lives across Scotland.

13:09

I am pleased to open on behalf of the Scottish Conservatives. The amended European Charter of Local Self-Government (Incorporation) (Scotland) Bill represents a step in the right direction for Scottish local government. The aim of the European Charter of Local Self-Government is to protect and strengthen the powers of local authorities. It is already recognised in the legal system, and successful incorporation of the charter into Scots law will send a clear message about the important role that this level of government can play in people’s lives. That was the case five years ago, when we debated the bill at stage 3, and it is still the case today.

COSLA has highlighted that the current relationship between local and central Government depends on good will and the assessment of the Scottish Government. However, we have seen in recent years that that good will can sometimes not be respected.

This is only the second bill that this Parliament has had to reconsider. Although it is welcome that the Parliament is able to vote on the final version of the bill today, this debate has been a long time coming. More than 1,000 days have passed since the Supreme Court made its judgment back in October 2021, and the Law Society of Scotland has made it quite clear that it has taken far too long for the bill to reach the current stage. It stated:

“Future Bills which are determined by the UK Supreme Court to be outside the competence of the Scottish Parliament should not have reconsideration delayed beyond two years from the date of the decision.”

We support that.

The introduction of the Verity house agreement two and a half years ago set a new vision for councils and the Government to work together more effectively, but many councils have been frustrated by the lack of progress since that agreement was introduced. There is significant overlap between the principles that are set out in the charter and those in the Verity house agreement. Legislative backing for those principles is therefore an important step in improving outcomes for Scottish local government, and I note that COSLA called for that in its evidence to the Local Government, Housing and Planning Committee. That needs to be combined with an end to the erosion of local government funding and the re-establishment of services that have been cut. Without improvements to the local government funding settlement, councils will still be trying to do their job with one hand tied behind their backs.

Our councils are the closest level of government to communities and it is only right that they are empowered to act in the best interests of those whom they represent. All too often, however, councils are made to act as though they are an extension of the Scottish Government rather than the true form of local government that they are. We will, therefore, support the amended bill at decision time. The onus will rest on the Scottish Government to address the outstanding issues within local government, to ensure that it is able to deliver in the way that local communities rightly expect.

I am pleased to open on behalf of the Scottish Conservatives. The amended European Charter of Local Self-Government (Incorporation) (Scotland) Bill represents a step in the right direction for Scottish local government. The aim of the European Charter of Local Self-Government is to protect and strengthen the powers of local authorities. It is already recognised in the legal system, and successful incorporation of the charter into Scots law will send a clear message about the important role that this level of government can play in people’s lives. That was the case five years ago, when we debated the bill at stage 3, and it is still the case today.

COSLA has highlighted that the current relationship between local and central Government depends on good will and the assessment of the Scottish Government. However, we have seen in recent years that that good will can sometimes not be respected.

This is only the second bill that this Parliament has had to reconsider. Although it is welcome that the Parliament is able to vote on the final version of the bill today, this debate has been a long time coming. More than 1,000 days have passed since the Supreme Court made its judgment back in October 2021, and the Law Society of Scotland has made it quite clear that it has taken far too long for the bill to reach the current stage. It stated:

“Future Bills which are determined by the UK Supreme Court to be outside the competence of the Scottish Parliament should not have reconsideration delayed beyond two years from the date of the decision.”

We support that.

The introduction of the Verity house agreement two and a half years ago set a new vision for councils and the Government to work together more effectively, but many councils have been frustrated by the lack of progress since that agreement was introduced. There is significant overlap between the principles that are set out in the charter and those in the Verity house agreement. Legislative backing for those principles is therefore an important step in improving outcomes for Scottish local government, and I note that COSLA called for that in its evidence to the Local Government, Housing and Planning Committee. That needs to be combined with an end to the erosion of local government funding and the re-establishment of services that have been cut. Without improvements to the local government funding settlement, councils will still be trying to do their job with one hand tied behind their backs.

Our councils are the closest level of government to communities and it is only right that they are empowered to act in the best interests of those whom they represent. All too often, however, councils are made to act as though they are an extension of the Scottish Government rather than the true form of local government that they are. We will, therefore, support the amended bill at decision time. The onus will rest on the Scottish Government to address the outstanding issues within local government, to ensure that it is able to deliver in the way that local communities rightly expect.

Group 1 deals with the compatibility duty. We voted for the bill back in March 2021, and we will support the cabinet secretary’s amendments in this group, which will narrow the compatibility duty in section 2 so that it applies only to functions conferred by Scottish Parliament primary legislation, Scottish Parliament secondary legislation or common law. We accept that that is a necessity in the light of the Supreme Court’s judgment.

However, in its briefing, the Law Society of Scotland states:

“It is not in the interest of good law making that reconsideration has been delayed by more than 4 years.”

It argues:

“Future Bills which are determined … to be outside the competence of the Scottish Parliament should not have reconsideration delayed beyond two years from the date of the decision.”

Had the Government progressed with this bill as it did with the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill back in December 2023, this bill could have been on the statute books well over a year ago.

However, as I have indicated, we will support the amendments in this group.

The group addresses the position of the Supreme Court that the bill is outwith competence. The interpretation duty and the powers that make declarations of incompatibility are now restricted to Scottish Parliament legislation only, and the remittal powers are similarly narrowed. The changes are necessary, and we will support them.

I also draw members’ attention to the evidence from the Faculty of Advocates, which stated that narrowing the scope of the bill does not address the concerns about the lack of establishing case law around the charter. The Faculty of Advocates argued that, if the Parliament wished to protect the power, status and autonomy of local government, a more obvious and effective way would be through enacting primary legislation and increasing powers of local government, particularly in respect of finance.

That is all that I need to say on the amendments. We will support them.

Amendment 6 agreed to.

Amendments 7 to 10 moved—[Shona Robison]—and agreed to.

Section 5—Declaration of incompatibility

Amendments 11 to 18 moved—[Shona Robison]—and agreed to.

After section 5

Amendments 19 and 20 moved—[Shona Robison]—and agreed to.

Section 7—Power to remove or limit retrospective effect of decisions etc

Amendments 21 to 24 moved—[Shona Robison]—and agreed to.

I am pleased to open on behalf of the Scottish Conservatives. The amended European Charter of Local Self-Government (Incorporation) (Scotland) Bill represents a step in the right direction for Scottish local government. The aim of the European Charter of Local Self-Government is to protect and strengthen the powers of local authorities. It is already recognised in the legal system, and successful incorporation of the charter into Scots law will send a clear message about the important role that this level of government can play in people’s lives. That was the case five years ago, when we debated the bill at stage 3, and it is still the case today.

COSLA has highlighted that the current relationship between local and central Government depends on good will and the assessment of the Scottish Government. However, we have seen in recent years that that good will can sometimes not be respected.

This is only the second bill that this Parliament has had to reconsider. Although it is welcome that the Parliament is able to vote on the final version of the bill today, this debate has been a long time coming. More than 1,000 days have passed since the Supreme Court made its judgment back in October 2021, and the Law Society of Scotland has made it quite clear that it has taken far too long for the bill to reach the current stage. It stated:

“Future Bills which are determined by the UK Supreme Court to be outside the competence of the Scottish Parliament should not have reconsideration delayed beyond two years from the date of the decision.”

We support that.

The introduction of the Verity house agreement two and a half years ago set a new vision for councils and the Government to work together more effectively, but many councils have been frustrated by the lack of progress since that agreement was introduced. There is significant overlap between the principles that are set out in the charter and those in the Verity house agreement. Legislative backing for those principles is therefore an important step in improving outcomes for Scottish local government, and I note that COSLA called for that in its evidence to the Local Government, Housing and Planning Committee. That needs to be combined with an end to the erosion of local government funding and the re-establishment of services that have been cut. Without improvements to the local government funding settlement, councils will still be trying to do their job with one hand tied behind their backs.

Our councils are the closest level of government to communities and it is only right that they are empowered to act in the best interests of those whom they represent. All too often, however, councils are made to act as though they are an extension of the Scottish Government rather than the true form of local government that they are. We will, therefore, support the amended bill at decision time. The onus will rest on the Scottish Government to address the outstanding issues within local government, to ensure that it is able to deliver in the way that local communities rightly expect.

::Ministers indicate that they are supporting the Mossmorran workforce. I welcome the pledge of £9 million over three years and the job search that has been announced.

Of the £9 million, £3 million is being made available immediately. Will the Deputy First Minister publish a breakdown of how much of the £3 million has been released and what has been delivered so far for the workforce and the contractors who are affected by the issue?

::The cabinet secretary has stated that the settlement is fair and sustainable, but Clackmannanshire Council, which is in my region, projects a budget gap of £7.34 million for 2026-27. As councils across Scotland are forced to consider double-digit council tax rises for a second consecutive year, will the cabinet secretary stand by the Government’s claim that there is no need for substantial council tax rises to balance local government budgets?

Ministers indicate that they are supporting the Mossmorran workforce. I welcome the pledge of £9 million over three years and the job search that has been announced.

Of the £9 million, £3 million is being made available immediately. Will the Deputy First Minister publish a breakdown of how much of the £3 million has been released and what has been delivered so far for the workforce and the contractors who are affected by the issue?

The cabinet secretary has stated that the settlement is fair and sustainable, but Clackmannanshire Council, which is in my region, projects a budget gap of £7.34 million for 2026-27. As councils across Scotland are forced to consider double-digit council tax rises for a second consecutive year, will the cabinet secretary stand by the Government’s claim that there is no need for substantial council tax rises to balance local government budgets?