Letters / Misunderstanding democracy
LIKE most folk I welcomed Shetland Islands Council’s recent decision to call a halt to its proposals for education reform (Cautious welcome as SIC freezes school closures; SN, 18/02/15)
Parents, pupils, teachers and all concerned, perhaps not least councillors, breathed a sigh of relief. A nagging doubt remained. Many parents wrote to me concerned about the council’s stated intention to return to the proposals in 2017.
They sought reassurance that the five-year moratorium enshrined in recent legislation would apply.
As a long time campaigner in favour of retaining rural schools I have a fairly good understanding of the relevant legislation but I am not an expert.
I therefore met with Angela Constance, the new Cabinet Secretary for Education, I asked SPICe, the Scottish Parliament’s research department, to produce a briefing and I talked to Sandy Longmuir.
Sandy is an acknowledged expert in rural education. For years, along with his colleagues, he has provided invaluable assistance to rural communities facing school closures.
I have long been aware of and admired Sandy’s work but our paths hadn’t crossed until we met to discuss the rural school provisions within the recent Children and Young Peoples Act, which came into force in August last year. I was greatly impressed by Sandy’s forensic knowledge of both the finances and the legalities pertaining to rural education.
I was therefore very glad when following Shetland Island Councils decision Sandy publicly provided them with the required clarification (SIC ‘flouting law’ on school closures; SN 20/02/15)
Shetland Islands Council must abide by the full five-year moratorium in respect of all the proposals. I have talked this through in detail with Sandy and I share his opinion.
The situation was further clarified on Friday (6 March) when the Scottish Government provided the answer to a question lodged by Tory education spokesperson, Liz Smith. The answer was unequivocal.
The Scottish Government expects Shetland Islands Council to abide by the legislation.
I was very surprised therefore when Mark Boden, chief executive of Shetland Islands Council, stepped publicly into the debate. I have often been surprised at the extent to which SIC officers feel that it is their job to speak directly to the press and media.
In my view this is not only bad practice but it is unwise. It rarely if ever happens with other councils. It reinforces a view that it is the officers and not the councillors who are in charge of Shetland Islands Council in what can only be seen as a lack of respect for democracy. It also opens up officers to personal criticisms that they cannot answer.
In a further misunderstanding of democracy, Mark seems to question the right of MSPs to represent their constituents, suggesting that he will only respond to concerns expressed directly to him by Shetlanders and not to those put to them by MSPs on their behalf.
Council leader Gary Robinson and his colleagues need to have a serious word with Mr Boden. Proper corporate governance, which shows due respect for the democratic process is a necessary ingredient of good government at all levels.
Following up on the rumour that SIC had legal advice suggesting that they could ignore the legislation, I have written to Mark Boden asking him to make this advice public. His apparent refusal to do so, relayed though the press and media, suggests that he is on shaky ground and if this is the case he is playing fast and loose both with the public and with Shetland’s councillors to whom he is responsible and who have a right to know on what basis he is proposing to try and circumvent both the spirit and the letter of the legislation.
It is worth noting that this legislation had the support not just of the Scottish Government but of the whole parliament.
It is time for Shetland’s councillors to take charge of their council and draw a firm line under this whole sorry mess.
Mr Boden has provided the opportunity for them to do so with dignity and with respect for the communities, parents and most of all the pupils whose educations have had this shadow hanging over them for far too long.
Mike MacKenzie
SNP MSP for the Highlands and islands
Edinburgh
Become a member of Shetland News
Shetland News is asking its many readers to consider paying for membership to get additional features and services: -
- Remove non-local ads;
- Bookmark posts to read later;
- Exclusive curated weekly newsletter;
- Hide membership messages;
- Comments open for discussion.
If you appreciate what we do and feel strongly about impartial local journalism, then please become a member of Shetland News by either making a single payment, or setting up a monthly, quarterly or yearly subscription.
Already a member? Sign in to hide this message.
