Hansard

I am pleased to open this preliminary stage debate on the Pow of Inchaffray Drainage Commission (Scotland) Bill.

Members could be forgiven for thinking that the subject might be dry and technical, but I assure them that the pow is literally anything but dry. It has a rich history that involves no less a figure than King Robert the Bruce. Before I dive into the pow in detail, I thank all those who engaged with us and the other committee members—Alison Harris and Mary Fee—for their hard work. I also put on the record the committee’s thanks to the clerks and the Scottish Parliament information centre for their invaluable support.

This private bill was introduced on 17 March 2017. A private bill is introduced by an outside promoter and will make specific changes to the law that affects the promoter rather than changing the public and general law. The bill has been promoted by the Pow of Inchaffray commissioners, who have responsibility for the arrangements, management, maintenance and improvement of the pow. For anyone who is wondering what a pow is, I will explain shortly.

Anyone who considers that a private bill would adversely affect their interests can formally object to it. Three admissible objections to the bill were lodged and none was rejected at the preliminary stage, so all will be considered in detail should the bill progress to the consideration stage.

The objections helped to inform our scrutiny. The committee took evidence from the promoters on two occasions. We questioned them not only about comments and concerns that were raised in the objections but on a wide range of written submissions, including those from the Scottish Government, Scottish Natural Heritage and the Scottish Environment Protection Agency.

Before I set out some of the areas of concern, I will explain what the Pow of Inchaffray is. “Pow” is a Scots word that means a ditch, slow-running stream or channel of water. The Pow of Inchaffray provides drainage to approximately 1,930 acres of surrounding land near Crieff in Perth and Kinross and is the equivalent of 13.7 miles long. The land that it drains is defined in the bill as “benefited land”, and those who own land or property there are called “heritors” and must pay the commission a share of its annual budget for the upkeep of the pow.

The origins of the pow date back to the 13th century. Further work was carried out in 1314 at the behest of King Robert the Bruce, and it was first put on a statutory footing in 1696 in the old Scots Parliament. That act was updated in 1846 at Westminster to give the commissioners greater powers to carry out works and improvements and made provision for the costs of work to be shared among landowners. The commission now wants to replace the Pow of Inchaffray Drainage Act 1846 with something that is fit for purpose so that it can carry out its responsibilities more effectively in the future and ensure that there is a fair and proportionate system for calculating the annual assessments that heritors must pay.

Historically, the pow has been managed by the owners of the agricultural land that surrounds it. It was never envisaged that the benefited land would include a large number of residential properties but, because of centuries of drainage work, some land was made suitable for development and a new housing estate was built in the Balgowan area. Some older properties were also redeveloped for residential use. Most of those residents are already liable to pay the commission for the upkeep of the pow, and the remainder will be made liable by the bill.

The issues of which land benefits, who should pay, how much they should pay, and the balance of power between the commission and the heritors are at the heart of many of the concerns that have been expressed to the committee. Much revolves around the commission’s annual budget, as that determines what individual heritors will pay. The committee therefore spent some time clarifying what the budget of the commission has been historically and what factors could impact on future budgets. On request, the promoter provided the committee with details of the budget between 2004 and 2016. The budget has varied from under £3,000 to over £30,000 in that period, with an average annual budget of £14,609. My colleague Mary Fee will talk more about the future budgets of the commission, and Alison Harris will set out views on the need for a right of appeal and on how prospective purchasers are made aware of the pow, but I will highlight a couple of other issues before I close.

The committee is satisfied that maintenance of the pow is required and that a body is needed to manage that. It is clear that Perth and Kinross Council, SEPA and Scottish Water either have no interest in taking on that role or have no locus to do so. Therefore, the commission needs to continue and it is appropriate that its work is funded by those who benefit. However, the balance of power between the commission and heritors needs careful consideration. I will briefly give some examples.

There are currently six commissioners, two each for the lower, middle and upper sections, with no commissioner for the Balgowan section of the pow. The bill proposes changing that to allow a Balgowan area commissioner, and seven commissioners in total. However, as approximately 73 per cent of heritors live in the Balgowan section, it did not seem appropriate for them to be represented by one commissioner out of seven. As a result of our questioning, the promoters have agreed in principle to bring forward amendments to allow two Balgowan commissioners, leading to eight commissioners in total.

The commission also supported the committee’s preliminary suggestions to allow easier termination of a commissioner’s appointment, and to make it possible for a majority of heritors to dismiss a commissioner from their section. We also discussed whether the method set out in the bill for calculating annual assessments was fair and proportionate, particularly for heritors who may be asset rich but income poor and who may live in modest houses on larger land plots, for historical reasons.

Should the bill proceed, we will discuss those and other issues with the objectors and promoters with a view to lodging amendments to the bill if appropriate. Overall, we support the general principles of the bill and, although we have identified some issues that need to be resolved at consideration stage, we are confident that sensible compromises can be found.

I move,

That the Parliament agrees to the general principles of the Pow of Inchaffray Drainage Commission (Scotland) Bill and that the bill should proceed as a private bill.