Meeting of the Parliament 17 June 2015
I do not think that it is clear in the bill that that is the case. That is my concern. It has not been specified.
Unfortunately, I think that amendments that were agreed to at stage 3 this evening will restrict local authorities’ freedom to decide which allotments will be offered to tenants. I would be grateful for the minister’s assurance that local agreements are intended to take precedence.
Having said that, I welcome the change in the bill’s provisions regarding the size of allotments. The changes will keep a reference in writing to a standard 250m2 size, as many allotment holders desire, but also recognise the need for local flexibility. The provisions therefore recognise allotment holders’ rights but also allow for flexibility when local authorities and allotment holders can agree, which is the kind of move away from central direction towards local decision making that the bill would have done well to have more of.
Of course, a central part of the debate is ensuring that the bill does what it says and empowers local communities to take part in decision making. We agree with the principle that community bodies should be able to request to participate in local outcomes improvement programmes or make asset transfer requests, but that must be reinforced by proper protections. I stress that I am not making any assumptions, but it is important that communities are protected through a right of review or appeal from being shut out of local decision making for inappropriate reasons.
I note that the Scottish Government responded to my points about allowing a review or appeal when an asset transfer request is agreed but contract negotiations have been broken, by setting up an appeals process where no contract is concluded between a relevant authority and a community transfer body. That, again, is a welcome change in favour of community bodies’ involvement that the Scottish Government would have done well to replicate throughout the bill. However, I expect the Scottish Government to share my commitment to monitor annual reports in the interests of ensuring that all applications are treated appropriately.