Meeting of the Parliament 16 November 2017
I will speak briefly on behalf of the Scottish Government. Some private bills are straightforward. As the preliminary stage report shows, this is not a straightforward bill, and I congratulate the committee on its evident hard work in scrutinising it.
On rights of appeal, the committee’s report states:
“The Committee is concerned about the lack of a right of appeal in the Bill, especially given the issues identified regarding the potential for the annual budget to increase substantially and unchecked, and that the 1846 Act contains an appeals process for assessments to be appealed to the sheriff. If the Bill is to stand the test of time then it seems prudent for it to contain proportionate appeals and dispute resolution procedures for those it affects. The Committee also does not believe judicial review, which is a potentially expensive form of court action that has to be heard in the Court of Session in Edinburgh, will be a realistic option for most heritors.”
It goes on to say:
“Should the Bill proceed to Consideration Stage, the Committee will discuss this issue with the Promoters and objectors. It is the Committee’s preliminary view that the Bill may need to be amended to ensure appropriate and proportionate appeal and dispute resolution mechanisms are put in place.”
The Scottish Government agrees with the committee’s view that the bill may need to be amended to ensure appropriate and proportionate appeal and dispute resolution mechanisms are put in place, and we are happy to work further with the committee, as required, to ensure that appropriate amendments come forward to put that into effect.
14:38