Committee
Rural Affairs, Climate Change and Environment Committee 04 March 2015
04 Mar 2015 · S4 · Rural Affairs, Climate Change and Environment Committee
Item of business
Community Empowerment (Scotland) Bill: Stage 2
The third item on our agenda today is to begin our consideration of amendments to part 4 of the Community Empowerment (Scotland) Bill at stage 2. I welcome the officials joining the Minister for Environment, Climate Change and Land Reform—and I welcome the minister again. The officials are: Dave Thomson of the Scottish Government’s land reform and tenancy unit; Elizabeth Connell, a Scottish Government lawyer; and David McLeish, who is parliamentary counsel. Everyone should have with them a copy of the bill as introduced, the marshalled list of amendments, which was published on Monday, and the groupings, which sets out the amendments in the order in which they will be debated. There will be one debate on each group of amendments. I will call the member who lodged the first amendment in the group to speak to and move that amendment, and to speak to all the other amendments in the group. Members who have not lodged amendments in the group but who wish to speak should indicate that by catching my eye. If the minister has not already spoken on the group, I will invite her to contribute to the debate just before moving to the winding-up speech. The debate on each group will be concluded by me inviting the member who moved the first amendment in the group to wind up. Following the debate on the group, I will check whether the member who moved the first amendment in the group wishes to press it to a vote or to withdraw it. If the member wishes to press ahead, I will put the question on the amendment. If a member wishes to withdraw their amendment after it has been moved, I will check whether any other member objects. If any committee member does object, the amendment is not withdrawn and the committee must immediately move to vote on it. If any member does not wish to move their amendment when it is called, they should say “Not moved.” Any other MSP present may move such an amendment. If no one moves the amendment, however, I will immediately call the next amendment on the marshalled list. Only committee members are allowed to vote. Voting on any division is by show of hands. It is important that members keep their hands clearly raised until the clerk has recorded the vote. The committee is required to indicate formally that it has considered and agreed each section of the bill, so I will put a question on each section at the appropriate point. We have agreed to consider sections 27 to 47 and any amendments inserting new sections after section 47 today. If we do not get that far, we will stop at an appropriate point and pick up where we left off next week. Section 27—Nature of land in which community interest may be registered
In the same item of business
The Convener
SNP
The third item on our agenda today is to begin our consideration of amendments to part 4 of the Community Empowerment (Scotland) Bill at stage 2. I welcome...
The Convener
SNP
We start with group 1, which is on the nature of land in which community interest may be registered under part 2 of the 2003 act—separate tenements. Amendmen...
Aileen McLeod
SNP
The provisions of the Land Reform (Scotland) Act 2003 state at section 33(1), in part 2: “The land in which a community interest may be registered under thi...
Alex Fergusson
Con
I am not against the proposal at all but, so that I can better understand exactly what the implications are, can you tell me whether there is a full list of ...
Aileen McLeod
SNP
We can provide a full list around that. We are trying to ensure clarity around what the separate tenements owned separately from the land are eligible for—an...
Alex Fergusson
Con
That would be useful before stage 3. Amendment 12 agreed to. Amendments 13 to 17 moved—Aileen McLeod—and agreed to. Section 27, as amended, agreed to. Se...
The Convener
SNP
Group 2 is on ways in which community bodies and crofting community bodies may be constituted. Amendment 18, in the name of the minister, is grouped with ame...
Aileen McLeod
SNP
I am conscious that there is quite a lot for us to get through here. I will try to go through this as quickly as I can. Stakeholders have indicated a need f...
The Convener
SNP
Thank you. One or two members wish to comment, starting with Claudia Beamish.
Claudia Beamish
Lab
Minister, that was certainly a wide range of amendments to have to cover all at once. On amendment 21, I welcome the fact that the Scottish Government has i...
Aileen McLeod
SNP
The reasoning behind the increase in the proportion of members who must be from the community from a majority to three quarters is to assist with protecting ...
Sarah Boyack
Lab
I, too, welcome the fact that you have broadened the scope of community organisations that could be eligible, in particular so as to include a co-operative o...
Aileen McLeod
SNP
On the question of who would have the final say, that is up to ministers to decide. On the minutes, it is going too far in relation to the private sessions.
Sarah Boyack
Lab
Sorry—could you clarify that? I could not hear that last phrase.
Aileen McLeod
SNP
The minutes go back too far for the private sessions. It would be ministers who would decide that—around amendment 22. A body is not a community body unless...
Sarah Boyack
Lab
And for paragraphs (g) and (h)?
Aileen McLeod
SNP
It would be for the community body to decide for each individual request.
Sarah Boyack
Lab
So there is no interpretation of what “reasonable” is or any explanation of who you would expect would wish to get access to the information.
Aileen McLeod
SNP
This is in line with freedom of information requests.
Sarah Boyack
Lab
Okay.
Michael Russell
SNP
Viewers at home—if there are any left—will understand the classic Highland definition of a croft being a piece of land bounded by regulation. I strongly wel...
Aileen McLeod
SNP
I can give the member the commitment and the assurance that we are trying to simplify the process as much as we can and to get greater flexibility into it. O...
The Convener
SNP
I ask you to clarify one point, minister. You talked about people who have to live within 16km from their croft. What is the power in relation to the 32km ru...
Aileen McLeod
SNP
At the moment, the Crofting Reform (Scotland) Act 2010 uses 32km and the bill obviously uses 16km. The two pieces of legislation are currently out of sync. W...
Angus MacDonald
SNP
I would be concerned if the overall distance were reduced from 32km to 16km.
The Convener
SNP
That is not likely.
Aileen McLeod
SNP
No.
The Convener
SNP
We will seek clarity afterwards on the two pieces of legislation, which do not seem to be in sync. Do you want to wind up, minister?
Aileen McLeod
SNP
I am quite happy to press our amendments.
The Convener
SNP
We are happy with that, too. Amendment 18 agreed to. Amendments 19 to 25 moved—Aileen McLeod—and agreed to. Section 28, as amended, agreed to. Section ...