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Committee

Rural Economy and Connectivity Committee 21 March 2018

21 Mar 2018 · S5 · Rural Economy and Connectivity Committee
Item of business
Islands (Scotland) Bill: Stage 2
This group is about the content of the national islands plan and there is a large number of amendments in it. If they are all agreed to, section 3 will go from having two subsections to having 15. Therefore, it is fair to say in relation to this group—and others—that we will need to take stock of how the bill ends up after stage 2 consideration and see what needs to be revisited at stage 3 to ensure that the amended bill becomes the most effective legislation that it can be and reflects appropriately our shared ambition for the national islands plan and what it can achieve. 11:30 I will discuss the other amendments in the group after explaining amendments 1 and 2 in my name. We addressed some of the issues around the high-level objectives when we discussed the purpose of the bill as we dealt with the first group of amendments. As I set out again today, the national islands plan is a more meaningful place to deliver the committee’s aims for high-level objectives to be incorporated into the bill. Amendment 1 seeks to adjust the language in section 3 to make the purpose of the plan clear. It amends section 3(2) to state: “The purpose of preparing a national islands plan is to set out the main objectives and strategy of the Scottish Ministers in relation to improving outcomes for island communities”. Amendment 2 expands the term “improving outcomes” for island communities to include the three underpinning objectives listed in the amendment: sustainable economic development; health and wellbeing; and community empowerment. Those high-level objectives encapsulate the evidence that the committee heard during stage 1 and go to the heart of what we are attempting to do to improve the lives of those who live and work on our islands. They would not limit what can be included in the plan, but would help to provide strategic direction, focusing resources and, where necessary, targets for key areas of activity. I hope that members will support amendments 1 and 2 today, although I recognise that members may have a view on omissions and what might usefully be added to the strategic objectives. I am, of course, willing to engage and work with and listen to any member who considers that section 3 could be further improved before stage 3. I also recognise that, in your evidence gathering, you heard a wide variety of opinion on how prescriptive we should be in the bill about the areas that the plan should cover. Although I recognise that there are specific issues on which members might want to put more detail in the bill, I urge caution. The committee’s stage 1 report recommended that “consultation should be undertaken as widely as possible” and stated that “When the Committee scrutinises the draft Plan laid before the Parliament, it will wish to be assured that the priority areas featured in the Plan reflect the actual priorities of islanders.” Therefore, to place specific detailed points in the bill at this stage would be to go against the spirit of the committee’s stage 1 recommendations and would prejudge the views of island communities. That is not to say that ferries, broadband and the other topics will not appear in the plan—I am in no doubt that they absolutely will—but it would be unfair to island communities and other stakeholders to present a prepopulated plan for them to tinker with around the edges. That is not my aim, and I am certain that that is not the aim of any members around the table. As well as Parliament having a role in setting the parameters and aspirations of the plan, we need to allow appropriate time and external input. Amendment 2A, in the name of Colin Smyth, seeks to add to the high-level objective list by including “taking steps to increase the population of islands”. The goal of achieving population growth and the long-term future sustainability of our island communities are matters on which I think that we would all be in agreement with and I am therefore happy to support amendment 2A. Before I go on to the other members’ amendments, I highlight that it is the form of amendment as lodged by Colin Smyth where we can perhaps find common ground. It adds to the objectives but does not prescribe what the solution would necessarily be. On amendment 11 from Tavish Scott, I am aware of the member’s keen interest in the Crown Estate through a variety of conversations that we have had. He will be aware of the on-going dialogue that the Scottish Government and Crown Estate Scotland (Interim Management) have been having with the island authorities and others on the issue of transferring or delegating the function of managing the Scottish Crown Estate to local authorities. I understand the reasoning for the member’s amendment, but Scottish ministers have shown their commitment to further reform of the Scottish Crown Estate. We consulted on proposals for reform before the devolution from the UK level was completed on 1 April 2017 and we laid a bill before Parliament in January. The consultation promoted the prospect of a phased approach, with further devolution of assets in the islands being considered under a first phase of reforms. The member’s amendment seeks to include in the Islands (Scotland) Bill legal requirements relating to the process of planning for delegation of management of the Scottish Crown Estate. Unfortunately, that would lead to a confusing position as the requirements for planning reforms to management would be split across two pieces of legislation—this bill and the Scottish Crown Estate Bill—which could interfere with planning under the Scottish Crown Estate Bill. Amendment 11 is not necessary and, as it stands, presents technical problems. Section 20 of the Scottish Crown Estate Bill would require a national strategic plan to be prepared and section 21 requires that plan to be reviewed at least every five years. That being the case, the appropriate place for planning the future of the Scottish Crown Estate is in the plans of its managers, and the islands plan should not predetermine the content of the national strategic plan. Requiring the intentions over the next five years to be set out could frustrate the policy foundations of part 2 of the Scottish Crown Estate Bill. I am happy to explore with Tavish Scott and Roseanna Cunningham, the lead minister on the Scottish Crown Estate Bill, how we might better address the effect that he is trying to achieve. Therefore, I invite Mr Scott not to move his amendment 11. On amendment 12, in the name of Liam McArthur, I understand fully Mr McArthur’s desire to see ferries referenced specifically in the plan, given the importance of those services not only to Orkney but to island communities right across Scotland. There is no doubt that ferries and wider transport issues will be covered in detail in the national islands plan, and I give that undertaking. Reliable and efficient transport connections, whether by ferries or planes, are hugely important to our island communities and, in many instances, are regarded as lifeline services. Therefore, without question, I am happy to give a commitment that they will be prominent in any future national islands plan. On the specific detail of Mr McArthur’s amendment 12, I suspect that he will not be surprised to discover that I do not think that it is necessary, at least in the level of detail that has been put forward. In 2012, the Scottish Government produced the first ever Scottish ferries plan, which covered the period 2013 to 2022 and which was the result of extensive analytical and consultation work. I have signalled recently that we will renew that plan and produce a new one in good time for the expiry of the current plan. Again, that will involve engagement with stakeholders, extensive analytical and consultation work and so on. The new plan will, of course, be island proofed, given the statutory duties in the Islands (Scotland) Bill. I also want the new ferries plan to sit within the context of the national transport strategy and the strategic transport projects review. However, the timescales of the new ferries plan will not be deliverable ahead of, for example, the first national islands plan. For all those reasons I am not able to support amendment 12 today but, again, I am happy to work with Mr McArthur to explore how we might better address the effect that he is trying to achieve. I urge him not to move his amendment 12. On amendment 13, which again is in the name of Liam McArthur, everyone recognises the huge challenge that fuel poverty presents to communities across Scotland. I credit Liam McArthur because he has raised that issue—which is particularly acute in Orkney—on a number of occasions in Parliament both in committee and in the chamber. The member is aware that the Scottish Government has recently concluded a consultation on a new fuel poverty strategy. Responses are currently being considered and they will help inform the development of the draft strategy, which is to be published in May, as well as inform the warm homes bill, which is due to be introduced to Parliament before the summer. As members will be aware, fuel poverty is not just an islands issue. Our aim is to ensure that we direct help to anyone who is suffering from the impacts of fuel poverty. We have consulted on rural and island issues and we will seek to island proof the warm homes bill ahead of its introduction. Mr McArthur’s amendment 13 would predetermine how elements of the warm homes bill, the strategy and the delivery priorities are set out before Parliament has had the chance to fully examine them, which would potentially limit its options and hinder the parliamentary scrutiny process. For those reasons, I cannot support amendment 13 but, again, I am happy to work with Mr McArthur and to arrange a meeting with the Minister for Local Government and Housing to explore how we ensure that the particular needs of islands communities in relation to fuel poverty are reflected in the legislation. I invite Mr McArthur not to move his amendment 13, on the basis of that guarantee. I turn to amendment 14, in the name of Tavish Scott. As he knows, the Scottish Government is committed to extending superfast broadband across Scotland by the end of 2021. The procurement is well under way and we have embarked on a competitive dialogue phase with our shortlisted bidders. We expect to have suppliers in place and ready to start delivering in early 2019. The current digital Scotland superfast broadband programme has transformed broadband access for our islands. Thanks to our investment and that of our partners, new sub-sea fibre cables have been deployed and there is now extensive fibre coverage on Orkney, Shetland and the Western Isles. The coverage footprint that is to be delivered by the successful R100 bidders and a detailed deployment plan will be confirmed only at the end of the procurement process, at the turn of the year. We are absolutely committed. The member will acknowledge that the procurement and deliverability of projects of that scale require many months of proper investigation before timescales and targets can be identified. I caution against suggesting that the targets can be brought forward by nine months, as suggested by the member’s amendment 14. If the target can be met sooner, of course that would be welcomed by everybody, including the Government. I cannot support amendment 14 as drafted but, as I have indicated previously in relation to other amendments in the grouping, I am more than happy to explore with the member an alternative form of wording to ensure that the importance of digital connectivity to our island communities is recognised in the plan. With those reassurances, I urge Mr Scott not to move amendment 14. Amendment 15, also from Tavish Scott, relates to the continuing discussions between the Scottish Government, the UK Government and the three wholly island councils about the possibility of a future islands deal. I completely understand the intention of the amendment and appreciate that the member has a clear constituency interest. I reassure all members that the Scottish Government is committed to 100 per cent coverage of Scotland with growth deals. That includes all Scottish islands. In line with the recommendations that the Local Government and Communities Committee made following its inquiry into city region deals, we have asked the UK Government to make a clear commitment to join us in that common purpose and agree a timetable for doing so. Government officials are in dialogue with local government and other colleagues leading the development of an islands deal and I have discussed the matter with island local authorities. Amendment 15 is not the best way to ensure progress on that. Indeed, in seeking to oblige the UK Government to be part of an islands deal through primary legislation, it might arguably not even be competent. The Scottish Government has already successfully delivered three city region deals with the UK Government and more are in the pipeline. We do not need primary legislation to deliver those deals or to work hard towards our focus on 100 per cent coverage of Scotland with growth deals. Therefore, I ask Tavish Scott to not move amendment 15. However, as always, I am happy to have a discussion about how we can best make progress towards an islands deal. Amendment 16, in the name of John Finnie, calls on the Scottish ministers to set out in the plan a “strategy for the maintenance of biosecurity on Scotland’s islands” to protect their unique natural heritage, cultural heritage and economy. I have discovered in recent days that biosecurity is a broad term that encompasses many aspects of disease and harm prevention. Good biosecurity has the potential to protect wildlife, fragile ecosystems and animal and public health. The Scottish Government is fully supportive of good biosecurity measures. Biosecurity is collaborative and we recognise the essential roles that stakeholders, the wider industry and local councils play in maintaining good biosecurity. That is demonstrated in the biosecurity codes and plans that the Scottish Government has already agreed with a number of sectors. Although I appreciate amendment 16, as with other amendments in the group, the bill is not the right place for the level of detail that it seeks and the requirements that it places on ministers and other authorities. However, it is an interesting and commendable proposal and I am willing to explore with John Finnie an alternative form of words ahead of stage 3 to ensure that that important issue is recognised within the national islands plan. On amendment 31 from Jamie Greene, as indicated in our response to the committee’s stage 1 report, we anticipate that the plan will include a series of outcomes, targets and measurable indicators across the full range of Government activities to allow for monitoring and assessment of its progress. That said, I am sure that the member will acknowledge that those will vary and, therefore, it is not always possible to guarantee that every objective covered by the plan—especially high-level objectives—can realistically be measured. On that basis, the Government cannot support amendment 31. However, if Jamie Greene is willing, following stage 2, I am happy to explore with him an alternative wording that will deliver on the spirit of the amendment and that the Government could support at stage 3. Therefore, I urge him to not move amendment 31. Amendment 32, which is also from Jamie Greene, is the final amendment in this group and seeks to ensure that the plan lists the public authorities that have duties under the bill. In principle, I have no objections to supporting the amendment but I wonder if it is necessary. It would be helpful to hear the thinking behind the amendment before I agree to accept it. The schedule that accompanies the bill already lists all relevant authorities that have duties in relation to island communities. At my appearance on 8 November, Jamie Greene had questions about whether the reference to “Scottish Ministers” in the schedule included all Scottish Government agencies. I am told that it is normal for an act to refer to the Scottish ministers, which is the relevant legal person under the Scotland Act 1998 and, therefore, covers all agencies without naming them. That is desirable, as ministerial agencies can be created and change over time. If that is the reason behind Jamie Greene’s amendment 32, perhaps he would consider not moving it at this stage with a view to exploring with me the best way of achieving the clarity that he seeks. I move amendment 1. 11:45

In the same item of business

The Convener Con
Item 2 is stage 2 consideration of the Islands (Scotland) Bill. I welcome back the Minister for Transport and the Islands, Humza Yousaf, and his officials fr...
The Convener Con
The first group is entitled “Purpose of Act”. Amendment 28, in the name of Colin Smyth, is the only amendment in the group.
Colin Smyth (South Scotland) (Lab) Lab
I am conscious that we have a number of amendments to get through today, so I will keep my comments relatively brief. As members will know, a purpose clause ...
John Mason SNP
As I said in the chamber yesterday, I am in favour of purpose clauses. I would like the Government and anyone else who intends to introduce a bill to start w...
Stewart Stevenson SNP
I understand and have sympathy with what Colin Smyth is trying to do, but his amendment risks diluting the bill’s ambition. All it talks about is creating “s...
Peter Chapman (North East Scotland) (Con) Con
I am minded not to support amendment 28. Although we discussed the matter at stage 1 and thought that such a provision might be necessary, I do not feel that...
Mike Rumbles (North East Scotland) (LD) LD
The Scotland Act 1998 says: “There shall be a Scottish Parliament.” As Donald Dewar said, “I like that.” It is really important to set out the purpose of a...
John Finnie Green
I am supportive of Colin Smyth’s amendment 28. Although I suspect that you would not want us to do this, convener, we could spend all day discussing every wo...
Jamie Greene Con
I strongly feel that the bill should have an objective, given the evidence that we have heard and after speaking to islanders at many of the focus groups. Th...
Humza Yousaf SNP
I will speak to a number of amendments on which, where we, as a Government, can be helpful and reflect, we will, because we want to progress the bill in the ...
Jamie Greene Con
Before we move to a vote, I want to clarify the minister’s position on that. Minister, are you saying that, at stage 3, you would not consider including a pu...
Humza Yousaf SNP
I will come back to that, as I am just coming to that very point. I have a problem with putting the purpose on the face of the bill, but I think that we can ...
The Convener Con
Thank you, minister. I ask Colin Smyth to wind up and to press or withdraw amendment 28.
Colin Smyth Lab
I agree with John Mason’s point that a purpose clause should be introduced at as early a stage as possible. I had no control over the wording of the draft bi...
The Convener Con
Amendment 10, in the name of Liam McArthur, is grouped with amendments 30, 41, 44, 60, 63, 66 to 68, 72, 74 to 77 and 88.
Liam McArthur (Orkney Islands) (LD) LD
I welcome the work of the committee on the bill, and I thank the convener and other committee members for taking the time to come up to Orkney to hear direct...
John Mason SNP
Some of my thinking is in line with what Liam McArthur has just said. The amendments are part of a package, so they all do the same thing. For example, secti...
Stewart Stevenson SNP
In 1930, Hirta, which was the only inhabited part of the St Kilda group, was actually part of Inverness-shire rather than the Western Isles—but that is histo...
John Mason SNP
Will the member take an intervention?
Stewart Stevenson SNP
Yes, he will.
John Mason SNP
Does he accept that, for an uninhabited island, having a community on it would be a positive outcome?
Stewart Stevenson SNP
Yes, but I am not sure that that would be an outcome for the island; it would be an outcome for the community on the island. I am conflicted on the matter, ...
Peter Chapman Con
I agree with amendment 10, as I think that it is important that uninhabited islands are referred to in the key definitions of the bill. Sections 1 and 2 r...
Richard Lyle SNP
I support amendment 10. I ask John Mason not to move his amendments in the group and to discuss the issue with the minister. I do not doubt John Mason’s ent...
John Mason SNP
Will the member take an intervention?
Richard Lyle SNP
I have finished. Laughter.
John Finnie Green
I support Liam McArthur’s amendment 10, and I support John Mason’s amendments. We can dance around, and I appreciate that lawyers will forever chew over the ...
Humza Yousaf SNP
I welcome the opportunity to speak to this group of amendments on uninhabited islands, which I appreciate is an issue of significance for many. The bill’s fo...
John Mason SNP
Will the minister give way?
Humza Yousaf SNP
Of course.