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Chamber

Meeting of the Parliament 17 June 2015

17 Jun 2015 · S4 · Meeting of the Parliament
Item of business
Community Empowerment (Scotland) Bill
Gibson, Rob SNP Caithness, Sutherland and Ross Watch on SPTV

It is a pleasure to reach this stage in the passage of the bill, given the huge amount of ground that Kevin Stewart’s committee and my committee have covered. I know that the Rural Affairs, Climate Change and Environment Committee came into the process somewhat later to deal with part 4 and the land reform aspects, but I will also comment on one or two other matters.

A really important point is that when people saw the bill they thought that great difficulties would be put in the way of simplifying, say, the crofting community right to buy. However, we found that by bringing the issues up at stage 2 it was possible to have the debate, take the evidence and reach a consensus on simplifying the process and thereby making things much easier for crofting communities.

The simplification of the registration processes for communities, crofting or otherwise, is one of the things that I am most proud of; after all, it is daunting for people to have thrust on them over a few weeks the necessity of creating a business plan and registering their right to buy. The process of registration—and re-registration within five years—has now been simplified considerably.

Although extending the right to buy across Scotland is a major aim now, we should recognise that that will throw up many problems, and we should never underestimate the obstacles to achieving a step change in development in so many communities across the country. However, we have laid the groundwork.

I am delighted that, as has been pointed out, we have been able to extend the forms of community bodies to Scottish charitable incorporated organisations and bencoms. That is important because it will allow people to choose a form of body that is suitable to their area.

Having listened to the discussions about community planning partnerships having much more local plans, I have to say that I like the idea of locality plans, which the Local Government and Regeneration Committee dealt with. As a result of that measure, small parts of council areas will be able to focus on matters; I know that Culrain in my constituency would have loved to do that at an earlier stage. Such a move will prepare people for taking action, because they will have thought beforehand about, say, the resources that they will need.

The Rural Affairs, Climate Change and Environment Committee took some time examining the fact that local authorities can act as quite a constraint on the transfer of land to communities, and we found that authorities around the country had varied views about how much they were prepared to do that. Moreover, I note that John Mundell, chief executive of Inverclyde Council, said:

“If we are disposing of assets, we are always required to obtain best value, and that normally means market value, whether we use the district valuer or another mechanism to value assets.”—[Official Report, Rural Affairs, Climate Change and Environment Committee, 3 December 2014; c 50.]

We want to change what best value means for communities, because it cannot always mean market value. That is one of the pieces of work that we need to take forward from the bill, but at least the bill has opened the door.

The thing that has cheered me most about the whole process has been how the arguments about human rights have been developed and, in particular, how the Government has embraced the United Nations International Covenant on Economic, Social and Cultural Rights, which guarantees certain rights, such as those to sanitation, food and housing. Applying that covenant to our circumstances could aid many communities in our urban areas, as well as people abroad. After all, the UK signed up to it in 1976, and it is generally accepted as a gold standard. As we have so often found, the European convention on human rights relates to property, but the covenant relates to people.

I have great pleasure in supporting the way in which the bill has been taken forward. I hope that we can get the secondary legislation passed as a priority.

19:39  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
The next item of business is a debate on motion S4M-13523, in the name of Marco Biagi, on the Community Empowerment (Scotland) Bill. Before I invite the mini...
The Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights (Alex Neil) SNP
For the purposes of rule 9.11 of the standing orders, I advise Parliament that Her Majesty, having been informed of the purport of the Community Empowerment ...
The Deputy Presiding Officer Lab
Many thanks. We can now begin the debate. 19:02
The Minister for Local Government and Community Empowerment (Marco Biagi) SNP
I have not emptied a room this quickly since I got up to do karaoke at the party conference. I thank the members of all parties who have contributed today a...
Michael Russell (Argyll and Bute) (SNP) SNP
I thank the minister for allowing that to happen for one particular community in my constituency: the community of south Cowal. The minister was very helpful...
Marco Biagi SNP
Michael Russell will be very glad to have put that on the record, and I am certainly happy to put on record my support for communities that wish to take up t...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
Will the minister give way?
Marco Biagi SNP
In a moment. To help with our move towards participation and empowerment, at stage 2 we put a new power in the bill that will require all public bodies to p...
Malcolm Chisholm Lab
During consideration of amendments I raised a point about arm’s-length external organisations, which I believe are not mentioned in the bill. Will the minist...
Marco Biagi SNP
Yes. I noticed the omission and I was going to come back to it in my closing remarks. I am happy to answer that question right now. ALEOs are not listed in s...
Alex Salmond (Aberdeenshire East) (SNP) SNP
The community right-to-buy process has evolved over the past few years and the bill takes it much further than it has been before. However, there is nothing ...
Marco Biagi SNP
Yes. That takes me back to the discussion that I had with Alex Fergusson on amendments regarding communities of interest. In this bill we are allowing the tr...
Sarah Boyack (Lothian) (Lab) Lab
I echo the minister’s comments and thank all those who have given an incredible amount of time, energy and support to enable us to scrutinise the bill and, I...
The Deputy Presiding Officer (John Scott) Con
Before I call Cameron Buchanan, I make the Parliament aware that the Presiding Officer has determined that decision time will take place at 8.15 tonight. Tha...
Cameron Buchanan (Lothian) (Con) Con
The Parliament’s consideration of the Community Empowerment (Scotland) Bill has been a long and detailed process and many important points have been raised. ...
John Wilson (Central Scotland) (Ind) Ind
Will the member clarify the position with regard to local authority decision making about the closure of allotment sites and input by the community and allot...
Cameron Buchanan Con
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 t...
The Deputy Presiding Officer Con
You should draw to a close, please.
Cameron Buchanan Con
I hope that members across the chamber will join us in committing to uphold the principles of community empowerment. 19:26
Clare Adamson (Central Scotland) (SNP) SNP
It has been a very interesting afternoon in the chamber, with lots of topics being raised regarding the Community Empowerment (Scotland) Bill. I absolutely b...
Marco Biagi SNP
I just want to say that I know how the member feels.
Clare Adamson SNP
We had a wide-ranging debate this afternoon that went from the minutiae of allotment sizes to a philosophical conundrum from my colleague Rob Gibson, who ask...
Claudia Beamish (South Scotland) (Lab) Lab
Land reform is, of course, a continuum. Scottish Labour has contributed robustly to that process and will continue to do so beyond today. The Community Empo...
Rob Gibson (Caithness, Sutherland and Ross) (SNP) SNP
It is a pleasure to reach this stage in the passage of the bill, given the huge amount of ground that Kevin Stewart’s committee and my committee have covered...
Tavish Scott (Shetland Islands) (LD) LD
Let me start with Rob Gibson’s point about best value. The usual question that is asked about any legislation is whether it makes a difference and is seen to...
John Wilson (Central Scotland) (Ind) Ind
I draw attention to my entry in the register of interests because I have had a particular interest in community empowerment for a number of years. I was remi...
Kevin Stewart (Aberdeen Central) (SNP) SNP
When we debated the Community Empowerment (Scotland) Bill at stage 1 on 3 February this year, I pointed out that the unifying theme in legislation is trust: ...
Alex Rowley (Cowdenbeath) (Lab) Lab
First, I congratulate and say well done to the Local Government and Regeneration Committee. I absolutely associate myself with all John Wilson’s comments. I ...
Alex Fergusson (Galloway and West Dumfries) (Con) Con
We are almost at the culmination of a long process that, as we heard, has involved several parliamentary committees and a vast array of witnesses, stakeholde...
Ken Macintosh (Eastwood) (Lab) Lab
It has been a long day and a tiring day but, I hope, a very worthwhile one. For those of us who believe whole-heartedly in devolution and in the principles o...