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Rural Affairs, Climate Change and Environment Committee 03 February 2016

03 Feb 2016 · S4 · Rural Affairs, Climate Change and Environment Committee

Item of business

Land Reform (Scotland) Bill: Stage 2

McLeod, Aileen SNP South Scotland Watch on SPTV

I thank Sarah Boyack for explaining her amendment 128 and the related amendment 132. I very much welcome much of what she and other members have said about amendment 128, which seeks to ensure that our local authorities have the power at their disposal and that it could be used at the request of a community group. In terms of the policy context, the committee will be aware that the call for the introduction of a compulsory sale order was made in the land reform review group’s recommendations, which were published in 2014. The recommendations relating to land assembly, housing and regeneration were the subject of an extensive consultation that was undertaken by the Scottish Government last summer. As part of that work, the compulsory sale order recommendation was widely welcomed by more than 300 stakeholders that took part in the consultation process. However, it was made very clear that a lot more work was required to ensure that the power was effective; that a correct balance was achieved between the rights of owners and the benefits that would arise from such a power; and that the fit with existing powers such as compulsory purchase powers was understood. The consultation feedback also made it clear that the power would be most useful in relation to abandoned buildings and small plots of land, particularly those that blight our town centres and neighbourhoods, rather than large pieces of land. I am happy to reconfirm the comment that I made in the stage 1 debate that the Scottish Government is considering compulsory sale orders. Ministers are still giving full consideration to the consultation findings, and it will take time and careful consideration to bring forward an effective compulsory sale order. In the stage 1 report, the committee made it very clear that it is imperative that the bill, like all legislation that is passed by the Scottish Parliament, is within the Parliament’s legislative competence and compatible with the European convention on human rights. There are a number of technical and legal issues with the amendment that illustrate the type of issues that we would need to consider further before bringing forward effective proposals on the subject. On the drafting of the amendment, we would need to consider whether the words “vacant” and “derelict” would need to be defined in this context. Other definitions and key concepts—how an order would be enforced, for example—are missing. 09:45 There are legal issues that would need to be considered. Requiring a landowner to sell their land would be an interference with rights under article 1 of protocol 1 of the ECHR. We would have to consider whether such a proposal could pursue a legitimate aim, whether the proposal would achieve that aim and whether, on a fair balance, the benefits of achieving the aim through the proposal would outweigh the interference with rights under article 1 of protocol 1. As members have said, however, the time has come for compulsory sale orders. Scottish ministers intend to fully consider all the issues with any such measure. If the Government is re-elected, we would want to bring CSOs forward in the next session as part of our on-going programme of land reform measures. Such a measure cuts across a number of portfolios—it is to do with not just land reform but local government, housing and, as you rightly said, convener, planning—and I assure Sarah Boyack and the committee that we are currently considering it. We have an election on the horizon and, as with all plans for potential legislation in the next parliamentary session, it is not possible to give precise timescales as to the overall legislative programme, which is obviously dependent on the outcome of the election, but I assure the committee that the Government is absolutely committed to proceeding. We are very happy to keep the committee up to date, and I would welcome the opportunity to meet Sarah Boyack, along with the Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights, Alex Neil. There is a real commitment to take forward work on compulsory sale orders, and in that light I ask Sarah Boyack to consider withdrawing amendment 128.

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Rural Affairs, Climate Change and Environment Committee 03 February 2016

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