Community Empowerment (Scotland) Bill Stage 3

Introduction

The Community Empowerment Bill has been in development for a number of years and has been subject to a considerable level of consultation and consideration. During this time the Scottish Government, the Local Government and Regeneration Committee and the Rural Affairs, Climate Change and Environment Committee have all showed commendable desire to engage with the third sector and other stakeholders. However, this process has made abundantly clear the limits of legislation in enabling community empowerment. It is vital that all agencies recognise this and focus their efforts on putting in place the other tools that communities need to empower themselves. This includes financial resources and practical support but is also about developing a culture where agencies don’t attempt to direct, control or stifle a community’s aspirations. We are also concerned by the continued conflation of community empowerment and community engagement which was visible throughout the development of this Bill. If it is done well, we support people and communities having a greater say in the improvement of public services and other decision making processes. However, involving people in top-down public sector-led agendas is not community empowerment and can in many instances be disempowering.

Part 3A - Community Right to Buy

We welcome the government’s efforts to improve the definition of what is classed as ‘eligible land’ in part 3A of the Community Right to Buy. The addition of ‘harm’ to environmental wellbeing alongside ‘neglected or abandoned’ in the eligible land clause will hopefully improve the impact of this part. However, we share the concerns of Community Land Scotland about whether this definition would also encompass social wellbeing. We therefore support the call in Community Land Scotland’s Stage 3 briefing: ‘It would be helpful at Stage 3 in addressing this amendment for MSPs to seek to probe that the term `environmental wellbeing’ is both capable of a wide interpretation and it is in the minds of Ministers that it should be so interpreted.’

Part 5 Asset transfer requests

We support the amendments at stage 2 which introduced a duty to publish registers of land owned and leased by relevant authorities. This will be very useful to communities in assessing which assets they could make use of to meet their needs. We also support the Stage 2 amendment which introduces a right of appeal to Scottish Ministers for local authority transfers, providing a further option for communities if their request is turned down by the local authority. It is disappointing that the bill provides little direction on how a decision of an assets value is to be agreed upon. This is a crucial factor for communities wishing to take on an asset and can often provide a barrier to the transfer. If this is to be decided by regulations or guidance then it is vital this is outlined clearly and those with expertise such as Development Trust Association are involved in the drafting of these documents.

Part 7A - Participation

SCVO welcomes this new part to the bill introduced at Stage 2 - providing a new regulation-making power which will enable ministers to require Scottish public authorities to promote and facilitate the participation of members of the public in the authority’s decisions and activities. We hope that this will help promote Participatory Budgeting and other forms of participation in local democracy and would like to see the process for bringing forward these regulations started as soon as possible. The process of drafting these regulations must be fully participative and deliberative - engaging the public as well as representative bodies and other stakeholders.

Participation requests

While we remain to be convinced that this part of the bill will empower communities, if it is brought in it should have a proper appeals process in place. It is therefore disappointing that the government has brought forward an amendment at stage 3 to defer the right of appeal for participation requests to regulations. A strong appeal process could shift the balance of power in the process from public bodies to community organisations.

Conclusion

We welcome the central role that community empowerment now occupies in public policy. Transferring assets to communities from public bodies, bringing Community Right to Buy legislation to all communities, introducing a Community Right to Buy without a willing seller and improving the processes involved in the Land Reform Act are all important tools which communities can use to empower themselves. The introduction of the new part 7A has the potential to improve participation in local democracy and greatly improve the impact of the Bill.  However, this Bill must be seen as just a small part of the change required - the actions of government can help support community empowerment, but shouldn’t define it.

Contact:

  Felix Spittal, Policy Officer Scottish Council for Voluntary Organisations, Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh EH3 6BB Email: felix.spittal@scvo.scot Tel: 01463 251 724 Web: www.scvo.scot

About us

The Scottish Council for Voluntary Organisations (SCVO) is the national body representing the third sector.There are over 45,000 voluntary organisations in Scotland involving around 138,000 paid staff and approximately 1.3 million volunteers. The sector manages an income of £4.9 billion. SCVO works in partnership with the third sector in Scotland to advance our shared values and interests. We have over 1,600 members who range from individuals and grassroots groups, to Scotland-wide organisations and intermediary bodies. As the only inclusive representative umbrella organisation for the sector SCVO:

• has the largest Scotland-wide membership from the sector – our 1,600 members include charities, community groups, social enterprises and voluntary organisations of all shapes and sizes
• our governance and membership structures are democratic and accountable - with an elected board and policy committee from the sector, we are managed by the sector, for the sector
• brings together organisations and networks connecting across the whole of Scotland

SCVO works to support people to take voluntary action to help themselves and others, and to bring about social change. Further details about SCVO can be found at www.scvo.scot.