Plans to redraw the borders of local government in Edinburgh and Scotland could force a referendum, according to one local councillor.
This is because of an obscure clause in a 1980s European charter, adopted in Scotland earlier this year, which governs the consultation process for significant local government reform.
It states that any changes to local authority boundaries cannot be undertaken “without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute”.
An Edinburgh councillor has said this means residents should be given a direct say on any significant local government changes.
This could present a stumbling block for the Scottish Government’s plans to cut the nation’s 32 councils to as few as six regional authorities.
Between 120 and 160 community authorities – within the borders of the larger areas but expected to focus on more local issues – would also be created.
Leith – which was legally separate from Edinburgh until 1920 – has been touted an an illustrative example of an area where one of these community authorities could be effective
These plans have come under sharp criticism from many council chiefs – particularly in Edinburgh, where Council Leader Jane Meagher described the proposals as “undeveloped” ahead of a policy meeting on the topic.
She attacked the 12-week engagement period for discussing the plans as “arbitrary” and “wholly inadequate” for considering reforms that could fundamentally alter the way the council functions.
Scottish Conservative Councillor Neil Cuthbert pointed out that the plans could in fact fall foul of the European Charter of Local Self-Government.
The charter was agreed by the Council of Europe in 1985 and sets out the principles protecting the political, administrative and financial independence of local authorities.
The charter guarantees that communities be consulted on changes to the boundaries of their local authorities – potentially by means of plebiscite.
His motion, forwarded to a meeting of the Policy and Sustainability Committee next week, says: “The paper refers to engagement with representatives of local government.
“However, there was very little advance discussion with the City of Edinburgh Council before publication, despite the scale of change proposed for the city.
“The Scottish Government aims to reach a shared direction by the end of 2026, with early decisions informing the next Scottish Budget.
“That leaves a period of around three months for dialogue on the most fundamental reform of local government since 1996.”
If passed, his motion would ask for guarantees from First Minister John Swinney that any major change to the boundaries of the City of Edinburgh Council will adhere to the charter and be subject to a local referendum.
In a similar motion, Council Leader Jane Meagher has sought assurances from Swinney that no decisions have already been taken about structures, boundaries, or transference of functions and that “reform will not be used to impose further reductions in local government funding or employment”.
In a statement today, she added: “I and other Leaders from the Edinburgh and South East Scotland City Region Deal have long been calling for more devolved powers, so I welcome that.
“It is however, unclear how the community authorities would work and how they would be funded. What this might mean for Edinburgh Council remains to be seen.
“The timescale for such consequential and far-reaching reforms doesn’t lend itself to serious and considered discussion with the Scottish Government.
“A four page paper and just 12 weeks to decide the future of public services in the country is absurd and disrespectful.
“I look forward to further discussion on this matter with fellow Councillors at Committee next week.”
The Common Weal think tank has also criticised the carve-up, estimating that the taxpayer could be left with a £2bn bill once the reorganisation efforts are complete.
The Scottish Government says it is committed to consulting communities on the changes, but added that referendums are not required under the European charter.
A spokesperson said: “Public service reform will help to ensure Scottish Government investment is focused on frontline delivery, with the right staff in the right roles to deliver real improvements in public services.
“Some decision making is best delivered at national level and regional level while others better sit closer to communities and we must get that balance right.
“The Scottish Government’s proposals for local governance reform are intended to provide a starting point to facilitate debate and discussion during three months of dialogue with a range of partners, including councils, to inform the next steps. No decisions have been taken on future structures.
“Empowerment of, and consultation with, communities is at the heart of public service reform and once formal reform proposals are developed, appropriate consultation in line with the charter will follow in the usual manner.”
It is understood that while it is in the Scottish Government’s power to grant referendums on local authority boundaries, it is not required to do so.
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