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Committee

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
Fergusson, Alex Con Galloway and West Dumfries Watch on SPTV
Amendments 94 and 95 seek quite simply to remove sections 66 and 67 from the bill, the result of which would be to continue the exclusion from the valuation roll of shootings and deer forests, for the time being. During our evidence taking, in particular at our meeting in Dumfries, it became increasingly obvious that the Government is, to be frank, unclear about too many aspects of this provision in the bill. I say with respect that the minister was unable to answer questions about how much the measure is likely to raise, how much it will cost to raise it, how much it will be required to raise—given the First Minister’s statement that proceeds would go towards the Scottish land fund—or even how the assessors would go about assigning a rateable value to every acre of non-urban land in Scotland, which I will come back to in a minute, if I may. The Government was not even able to answer the question why shootings and deer forests have been singled out while several other forms of non-agricultural land use will continue to be exempted. The result of our stage 1 deliberations was as damning a section of a stage 1 report as there is likely to be in this parliamentary session. The committee was not convinced by the Government’s arguments, and suggested strongly that a major rethink is required. Not the least of our concerns is the lack of any social, economic or environmental impact assessments. However, the aspect that concerns me almost most of all is that in answer to the question why the Government seeks to reintroduce the tax, the only answer has been that it is a question of fairness. I have to ask: exactly to whom does that fairness apply? I refer members to the letter to the committee from the minister and the Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy that was sent on 19 January. Paragraph 72 of the letter refers to the ministers’ view that the 8,000 subjects that were on the valuation roll in 1995 are an indication of the scale of the exercise that is faced in this instance. However, in its evidence, the Scottish Assessors Association told us that the total of potential entries is likely to be between 52,000 and 55,000. Can the minister explain why she appears to be seeking to include only a small proportion of the subjects, and who is going to decide which subjects go on to the roll and which do not? Paragraph 73 of the letter states: “The Government notes the suggestion from some stakeholders that ‘shootings’ entries will be required in the valuation rolls in respect of every area of land. This however was not the case for the many years that shootings were rateable, and this Bill proposes no such change or anything to cause such a change.” Therefore, I have to ask whether that means that the Government is suggesting that many of those who should be on the valuation roll will end up not on it, because that is what happened last time. Prior to the exemption coming in, many people appealed their rates bill successfully, with the result that some people ended up carrying the tax burden while others carried on happily rates free, thanks to what were, in effect, Government-approved avoidance measures. Those two approaches do not seem to exemplify the principle of fairness that the Scottish Government says it seeks. Indeed, the only witness whom the committee met in our travels who is dependent on running a shooting business was an individual who rents the shooting from a Borders estate. That business employs seven people—more, during the shooting season—in a rural area, to say nothing of those who come to shoot and who stay in local hotels and add considerably to the local economy. That individual explained to us that although he makes a living from his business, the profit margins are not huge and the weather plays a major part in whether the business makes a profit. I suspect that he might have some difficulty this year. However, that business is situated only a few miles from the border. I find myself asking how it can possibly be fair to that person, his seven employees or the local hotels and shops that benefit from the business, to impose a burden of taxation that will not have to be borne by a similar business south of the border. Sporting rates will simply place that businessman at a massive competitive disadvantage to a similar business just a few miles away. That is not fair: it is the absolute opposite. It is often said that the exemption was introduced by a Tory Government as a sop to its benefactors. That is absolute nonsense. The exemption was brought in because the cost of collecting the rates was overtaking the amount that was being raised. Thus far, the Government has not been able to tell us how much it is likely to cost to implement the system and to raise the sporting rates that it seeks to impose. I remind members of our statement in our stage 1 report, referring to the ending of the exemption. We said: “based on the available information, the committee believes the case for change has not yet been made”. The committee asked for robust and comprehensive evidence-based analysis of the potential economic, social and—most important—environmental impacts of the proposal. I do not believe that the limited amount of information that has since been provided comes anywhere close to satisfying that request. I will conclude by saying a brief word about the possible environmental impact of the proposal. Shooting businesses are known to assist in the delivery of the Scottish biodiversity strategy. It is an interesting fact that shoots over farmland are proven to provide habitat that reverses the trend of the decline in farmland songbird numbers. It is worth noting that the Game and Wildlife Conservation Trust supports my amendments on the grounds that, without the evidence-based assessment that the committee has asked for, this part of the bill poses an unqualified risk to the environment, is based on unclear policy drivers and displays a failure to acknowledge the conservation benefits that stem from game management. I have to say that I agree fully with that. Until the requests of the committee are fully complied with in respect of this part of the bill, I believe that it should be removed from it. That is the purpose of the amendments in my name. I move amendment 94.

In the same item of business

The Convener (Rob Gibson) SNP
I welcome everyone to the fourth meeting in 2016 of the Rural Affairs, Climate Change and Environment Committee. First of all, I remind members and everyone ...
The Convener SNP
The first group of amendments is on compulsory sale orders. Amendment 128, in the name of Sarah Boyack, is grouped with amendment 132.
Sarah Boyack (Lothian) (Lab) Lab
When I raised this issue in the stage 1 debate on the bill, the minister agreed to pursue it in advance of stage 3. I wrote to her to exchange ideas on how w...
Jim Hume (South Scotland) (LD) LD
I support amendment 128. We can all point to land that sits unused, especially in urban Scotland, where bodies such as housing associations could have been p...
Michael Russell (Argyll and Bute) (SNP) SNP
I am very supportive of amendment 128. We have to introduce compulsory sale orders. There is a weakness in the present system. When we drive around urban and...
Alex Fergusson (Galloway and West Dumfries) (Con) Con
I am supportive of the principle of the amendment. I can think of examples in my constituency of land that is owned by an arm of Government in the shape of t...
The Convener SNP
Minister, a third leg to this stool is the independent planning review that is taking place, and I wonder whether it is taking forward issues around the purc...
The Minister for Environment, Climate Change and Land Reform (Aileen McLeod) SNP
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 a...
Sarah Boyack Lab
I thank committee colleagues and the minister for their comments about amendment 128. To borrow Mike Russell’s phrase, this is an idea whose time has come. I...
The Convener SNP
There will now be a change of officials. Before section 66
The Convener SNP
The next grouping is entitled “Non-domestic rates: vacant and derelict, and unoccupied industrial, lands and heritages”. Amendment 129, in the name of Patric...
Patrick Harvie (Glasgow) (Green) Green
As a non-member of the committee, I did not ask to speak to the previous group of amendments, but I endorse many of the arguments that members made about the...
Michael Russell SNP
I, too, am sympathetic to the idea of the register and the incentives. I think that there is something inherently attractive about having both a last resort ...
Alex Fergusson Con
I can see where Patrick Harvie is coming from with his amendments, but I see great practical difficulties. I also see enormous potential for conflict and arg...
Aileen McLeod SNP
I thank Patrick Harvie for lodging, and for setting out the rationale behind, his group of amendments. I understand absolutely the principles behind them. T...
Patrick Harvie Green
I am grateful to those who recognise the case in favour of what my amendments propose. We have not only to try to increase the incentives to bring derelict a...
Aileen McLeod SNP
The current legislation on this is quite clear. That is the only point that I will make.
Patrick Harvie Green
I am tempted to seek permission to withdraw amendment 129 on the understanding that I will have some discussion with the minister prior to the deadline for s...
The Convener SNP
We come to the group on non-domestic rates in relation to shootings and deer forests. Amendment 94, in the name of Alex Fergusson, is grouped with amendments...
Alex Fergusson Con
Amendments 94 and 95 seek quite simply to remove sections 66 and 67 from the bill, the result of which would be to continue the exclusion from the valuation ...
Aileen McLeod SNP
I thank Alex Fergusson for explaining his amendments 94 and 95, which would together remove the part 6 provision to return shootings and deer forests to the ...
Michael Russell SNP
I was alarmed to receive an email on Friday from a local journalist in Argyll who said that she understood that Alex Fergusson and I were jointly moving amen...
Jim Hume LD
I have been minded to support some of Alex Fergusson’s amendments. The minister mentioned that in 1995 there was no evidence that the revenue received covere...
Graeme Dey (Angus South) (SNP) SNP
Alex Fergusson is right to say that, in our stage 1 report, the committee raised significant concerns over the issue of sporting rates relief, on the basis t...
Claudia Beamish (South Scotland) (Lab) Lab
The committee’s stage 1 report concluded that, on the available evidence, the case had not been made, but I—along with my colleague, Graeme Dey—am reassured ...
Sarah Boyack Lab
It is quite striking, thinking about the principle behind the policy position, that we would continue to exempt shooting estates when a lot of other rural bu...
The Convener SNP
Minister, have you considered equal opportunities issues with regard to the seasonal workers who are employed for shootings and so on? Do we have any informa...
Aileen McLeod SNP
That is a good point, convener. I do not have that level of detail to hand this morning, but I am happy to supply such information to the committee in writin...
Alex Fergusson Con
I will not take up a great deal of the committee’s time; I merely ask for a point of clarification about the information that the committee asked the Governm...
The Convener SNP
The question is, that amendment 94 be agreed to. Are we agreed? Members: No.