Councils: 'Give us legal protection in a constitution'

Scottish Political Editor

Sunday 24 February 2013

COUNCILS and their work should be written into the first constitution of an independent Scotland to ensure services such as education are delivered as close to the people as possible, according to the country's most senior councillor.

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EXCLUSIVE BY TOM GORDON SCOTTISH POLITICAL EDITOR

David O'Neill, the Labour president of the council umbrella body Cosla, said local government should be given "constitutional protection" in the event of a Yes vote in next year's referendum.

He said the move would give councils a legal protection they currently lack, keep local services effective and responsive and offer a strong democratic counterweight to a far more powerful central government.

Although not personally in favour of independence, O'Neill said councils of all political complexions need to consider the implications of the ballot, and use the debate to maximise clout.When the SNP Government recently published its plan for a written constitution after a Yes vote, it suggested it could guarantee free healthcare, higher education and a ban on nuclear weapons. Although councils spend one-third of Scotland's £30 billion budget, employ 278,000 people, and deliver vital services, they weren't mentioned in the document plan. Cosla has long argued for local government to have full legal protection, as in theory Holyrood could abolish councils at a stroke. That would be highly unlikely, but there is a more realistic threat of councils being gradually eroded gradually through centralisation by Edinburgh.For example, in April councils will lose around £500 million of funding when the eight police forces are merged into a single body, and local joint police boards, which include councillors, are wound up.Some fear that, if there is a Yes vote, an independent parliament might accelerate this centralising trend, taking decisions and influence further away from local people.Besides schools and social work, councils are accountable for planning, waste collection, local roads and transport, leisure centres, museums and libraries, while some are social landlords.O'Neill said: "Whether there is going to be a change [in the constitution] or not, we think there should be a debate about where local government sits in the governance of Scotland."My own view is that it should be embedded in the governance of Scotland. If you look at other developed democracies, by and large, local government exists as an absolute right. I'm a great fan of devolution. What I'm not a fan of is devolution stopping at Edinburgh. Devolution should continue down to local authorities, and through local authorities into communities. If we end up with separation and there's a written constitution, local government should be embedded in it."He said a written constitution offered a chance to define local government's direct responsibilities, but also issues on which it should be consulted, channelling the wishes of local people.He said: "With the best will in the world, you can have the most highly motivated civil servant sitting in an office in Edinburgh who won't have a scooby doo about what's happening in Glasgow or Shetland. It needs to be localised." He went on: "In a modern democracy you also need strong institutions that act as a check and balance to the centralised government. "Local government should be one of those strong institutions. Not the only one, but it should certainly be one of them."He said if there was a No vote in 2014, local government should still be offered an alternative form of statutory protection within the UK's unwritten constitution.A government source said ministers had yet to consider constitutional protection for councils.

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Councils: 'Give us legal protection in a constitution'

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