Committee
Justice 1 Committee, 10 Dec 2002
10 Dec 2002 · S1 · Justice 1 Committee
Item of business
Title Conditions (Scotland) Bill: Stage 2
Mr Wallace:
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As Maureen Macmillan indicated, amendment 223 seeks to ensure that, where bodies sell land at affordable prices for local social community housing purposes, they can ensure that it will continue to be used for those purposes. I recognise the motivation behind the amendment and Lord James's concern about the importance of social housing either to rent or to buy in rural areas.Amendment 223 appears to allow a body to be nominated by Scottish ministers as an appropriate body to enforce any conditions that restrict the use of the land to social housing. However, it does not make clear what the nature of the proposed restrictions might be. Although neighbouring properties might still be able to enforce any such condition in the title of land sold, it is likely to be the case that the sort of body that Maureen Macmillan is concerned about would lose its enforcement rights if it did not have any property nearby.I readily appreciate the concern that underlies amendment 223. However, it is difficult to come up with a definition of social housing that would be sufficiently tight to provide the certainty that we believe is necessary in property law. A restriction on the sale of land to a particular group is unlikely to be a valid real burden. However, I am not unsympathetic on the matter and I am willing to consider it if a real need can be identified and defined precisely. I am not sure whether Maureen Macmillan has the letter that I sent her yesterday, but when she gets it she will see that I have indicated that it would be helpful to have further information on the type of condition that is giving rise to the concern.Although I cannot promise anything, I want to consider the matter further, because I recognise that a genuine issue has been raised. I ask Maureen Macmillan not to press amendments 222 to 226. We will have further dialogue on the basis of the letter that I have sent to her.
In the same item of business
The Convener:
SNP
I will rattle on, because we have an awful lot to get through. Item 3 on the agenda is consideration of the Title Conditions (Scotland) Bill. I welcome the M...
Section 1—The expression "real burden"
The Convener:
SNP
Amendment 87 is grouped with amendments 106, 107, 108, 233, 235, 208, 64, 67, 69, 70, 71, 72, 238, 239 and 75.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
Amendment 87 will introduce into the bill economic development burdens as one of the exceptions to the general rule that burdens must benefit other land.Amen...
Lord James Douglas-Hamilton:
Con
Does amendment 106 provide for clawback for the public sector? I assume that in certain circumstances economic burdens might relate to clawback.
Mr Wallace:
I confirm that the amendment provides for clawback.
Lord James Douglas-Hamilton:
Con
I declare an interest as an unpaid trustee. Does the minister believe that there are no circumstances in which the provision should apply to the private sector?
Mr Wallace:
Yes. In the stage 1 debate, we discussed whether the provision should be available to private bodies and individuals, rather than restricted to local authori...
Lord James Douglas-Hamilton:
Con
Is the minister's view that the public interest should be paramount in circumstances of the kind that we are discussing?
Mr Wallace:
That is the motivation for amendment 106. The amendment accords with the evidence that COSLA gave to the committee at stage 1.
Amendment 87 agreed to.
The Convener:
SNP
Amendment 222 is grouped with amendments 223 to 226.
Maureen Macmillan:
Lab
Amendment 223 is the main amendment in the group. The bill proposes a special status for conservation bodies. In the same way, we believe that there should b...
Lord James Douglas-Hamilton:
Con
Does the minister accept that Maureen Macmillan has a valid point? In certain parts of the Highlands, local people have difficulty in obtaining low-cost home...
Mr Wallace:
As Maureen Macmillan indicated, amendment 223 seeks to ensure that, where bodies sell land at affordable prices for local social community housing purposes, ...
Maureen Macmillan:
Lab
I am pleased to hear the minister say that he realises that the issue is important in rural areas. I would be happy to withdraw amendment 222, on the basis t...
Amendment 222, by agreement, withdrawn.
Section 1, as amended, agreed to.
Section 2 agreed to.
Section 3—Other characteristics
The Convener:
SNP
Amendment 88 is grouped with amendment 73.
Mr Wallace:
Amendment 88, together with amendment 73, will resolve a technical problem that might have allowed people who do not have any right to enforce a condition to...
Amendment 88 agreed to.
Section 3, as amended, agreed to.
Section 4—Creation
The Convener:
SNP
Amendment 89 is grouped with amendments 169, 170 and 182.
Mr Wallace:
Section 4 is about the creation of real burdens after the appointed day. As the committee will see, paragraph (c) of subsection (2) is about the identificati...
Amendment 89 agreed to.
Section 4, as amended, agreed to.
Sections 5 and 6 agreed to.