The establishment of a Scottish Parliament with responsibility for local government will cause major changes in these authorities. Under the present system, the supervision of local government is undertaken by the Secretary of State. Under a Scottish Parliament, decisions affecting both the structure of local government and its supervision will be taken by the democratically accountable legislature. What differences will this make to local government in Scotland? To establish this, we can look at three areas in which a Scottish Parliament's powers could alter the present situation.
The partners in the Constitutional Convention agreed that the structure of local government was a matter which the Scottish Parliament should decide. In contrast, the Secretary of State undertook a re-organisation of local government, himself. In his position of being unaccountable to the Scottish people, the resulting map of local authorities has been a farce, relying more on political expediency than the desires of local communities.
In contrast, a Scottish Parliament could allow a considered debate on local authority design. The final scheme could reflect both local identities and the Scottish tradition of strong local authorities. The present proposals (Web Editor's Note: many now implemented!) are based on Conservative attempts to hold a few local councils and impose their idea of weak local government merely implementing national policies. These concepts are alien to the ideas of local democracy and the Scottish tradition.
With the creation of a Scottish Parliament elected by proportional representation, such a biased local government structure would not be feasible. Instead, more consideration of local opinion would be necessary to allow any reform to be passed. Other changes in local government would also be avoided. Under a Scottish Parliament there would have been no poll tax and no removal of water from democratic control. Unless the Scottish people voted for them, they could not be imposed
Home rule governments in other countries have used their authority over local structures to create systems, different from the norm, but closer to local desires. In Euskadi (the Basque Country) for example, the provincial level (rather like Scottish regions) has been retained and strengthened due to the support this level of authority has amongst the populace. In Scotland this could result in special constitutional structure for the island communities, as mentioned in "Towards Scotland's Parliament".
At present, control over Scottish local authorities is exercised by the Secretary of State. Under this power, the ability of local authorities to borrow, raise taxes, etc. is limited by his actions. A Scottish Parliament would have to decide which of these controls over local government should remain (many countries have none). However local authorities are supervised, it will be an elected body that undertakes this task.
At present, the power of the Scottish Secretary allows the British Government, elected on an English majority, to control the actions of Scottish authorities. If the Scottish Secretary acts unfairly, or against the wishes of Scottish opinion, there is little that can be done. This can result in local authority planning decisions being overturned; restrictions on local authority applications for European money, and the privatisation of local services, to mention only a few. These decisions can be based on the opinions of a minority party, not those of the Scottish people. If a directly elected Scottish government acted in such a manner, it could expect to receive a vote of no-confidence from the electorate.
Close working relationships between local and higher levels of authority are vital for successful government. The institution of a Scottish Parliament can only help these links. The close physical proximity of the Edinburgh legislature to the local authorities it will govern will allow more meetings and contact between officials and politicians at the two levels. In comparison with London, it will also have control over fewer local units, allowing more chance for each individual authority to influence Scottish policy.
In conclusion, a Scottish Parliament would allow local authorities in Scotland to reflect local opinion more closely. This will be true of both the organisation, and control, of local government. If the Scottish government fails to give local authorities the power the population wishes them to enjoy, they can expect defeat. Perhaps most importantly, the Scottish government will have to take account of the opinions of the population on this issue, something the present colonial style system need never do.
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