Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Placing the Community at the Heart of Island Governance: The Islands (Scotland) Act 2018

Document Cited authorities 2 Cited in Related
Vincent
Published date01 September 2019
Author
Pages441-448
Date01 September 2019
DOI10.3366/elr.2019.0583
INTRODUCTION

The adoption of the Islands (Scotland) Act 2018 (the “Act”) in July 2018 marked an historical moment for island communities in Scotland. The provisions therein, and their implementation, provide a unique opportunity for island communities to influence the agenda of the Scottish Government in relation to island governance. The Act has the potential to position Scotland at the forefront of island law and policy on an international scale. This paper expands on this opportunity by providing a snapshot of the journey that has led to the Act. It will then discuss the National Islands Plan and the provision requiring island communities impact assessments to be undertaken, both of which are key elements present in the Act. The paper concludes by drawing attention to the Act's emphasis on island communities. When it comes to island law and policy, Scotland will only be able to claim true leadership if it carries through its commitments towards island communities in the implementation of the Act.

 FROM OUR ISLANDS, OUR FUTURE, TO THE ACT

In June 2013, Comhairle nan Eilean Siar (the Western Isles Council), Orkney Islands Council and Shetland Islands Council launched the Our Islands – Our Future campaign,1 with the aim of ensuring that the needs and status of island areas in Scotland were clearly recognised. Although this was written in the context of a potentially independent Scotland, the Scottish Government went on to form the Island Areas Ministerial Working Group, which focused on three key areas: (i) how the Islands councils are and can be supported to use existing powers available to them and engage communities to deliver improved, more responsive public services and better outcomes for communities; (ii) consider the development and extension of local democracy in the island groups and opportunities in the context of the 2014 Scottish independence referendum, including the issues raised by the Our Islands – Our Future joint position statement; and (iii) agree a prospectus outlining opportunities for island communities in the future.

In June 2014, on conclusion of the Island Areas Ministerial Working Group's work, the Scottish Government published the Empowering Scotland's Island Communities prospectus,2 presented as a coherent package of measures that developed a set of proposals based on three underpinning objectives: (i) promoting the voice of island communities; (ii) harnessing island resources; and (iii) enhancing the wellbeing of island communities.

As a result, the UK Government adopted a Framework for the Islands3 where it developed “island proofing” as a principle, whereby policy and legislation must take into account islands’ circumstances. Following the Empowering Scotland's Island Communities prospectus, the Scottish Government consulted on provisions for a future Islands Bill. A key focus of this consultation was this aspect of “island-proofing”, with a focus on its inclusion as a principle within any future Island Bills to formalise the approach in legislation. As a result, the Islands (Scotland) Bill 2018 was passed and received Royal Assent on 6 July 2018. The first Commencement Regulations for the Act were laid on 20 September 2018 and came into force on 4 October 2018.

The Act intends to provide a normative space for islands and island communities within the Scottish legal system. Scottish island communities too often have been left on the sidelines when it comes...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT