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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 22 April 2025
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Displaying 1169 contributions

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Finance and Public Administration Committee

Subordinate Legislation

Meeting date: 12 September 2023

Tom Arthur

I will ask for an update to be provided to the committee as the OBCs progress and green freeports come online in order to provide additional confidence that robust processes are in place.

I know that you will recognise from your work in this Parliament and at Westminster that much of what you touch on sits in the reserved domain. That should not be a barrier to us seeking to do all that we can, but we have to recognise where the limitations lie. Seeking to apply property taxes and transaction taxes, for example, in a way that they are not inherently designed to apply can lead to unintended consequences and can work against the broader objective of ensuring parity with sites elsewhere in the UK, so that we remain competitive in the process.

On your specific request for an update, I will ask for that to be provided to the committee on the points that you and Mr Greer have raised.

Finance and Public Administration Committee

Subordinate Legislation

Meeting date: 12 September 2023

Tom Arthur

I referred to local government’s statutory responsibilities under the planning system. When development will have an impact on infrastructure, the planning system has mechanisms to ensure that contributions are made, such as section 75 agreements. As the process develops and unfolds, and as we see the additional development that we want, there will be broader consideration when developments go through the planning process for approval, and the impact on infrastructure will be considered. It will be for local authorities, working in partnership, to determine as part of that process the appropriate mitigations and adaptations that are required and the additional infrastructure that needs to be in place.

Finance and Public Administration Committee

Subordinate Legislation

Meeting date: 12 September 2023

Tom Arthur

Specifically on LBTT, as I referred to earlier and as one would expect, monitoring will be done by Revenue Scotland and data will be published. In addition, LBTT revenue can accrue following the end of the exemption period, given that development that takes place now can enable and facilitate future development. You could almost say that LBTT could wash its own face in that regard, before we consider the broader impact of tax.

The monitoring and engagement of each of the freeports will assist us in identifying the level and type of job creation and the type of economic activity that is taking place. Laura, do you want to add anything about the economic impact?

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

I have two points to add. First, it would be remiss of us not to recognise the huge contribution that many partner organisations that are supported by the Scottish Government, such as the Development Trusts Association Scotland and the Scottish Community Development Centre, make directly to communities.

Secondly, I very much recognise the concerns that the convener has expressed about the funding environment in which we operate. We all understand that a cascading effect occurs when budgets are set by the UK Government, the impact that that has on our ability to forward plan and the subsequent impact that that has on local government and other partner organisations, despite the degree of certainty or confidence that we seek to provide through medium-term financial strategies and indicative budgets. I also recognise the specific challenge that exists around resourcing to provide the level of engagement that we want.

It is important to bear in mind that, when we speak about engagement, for example with local government, there is an element of it almost being viewed as something additional. Part of the agenda of empowerment, the review of local governance and the move to a more participative form of democracy involves no longer viewing such engagement as something additional but integrating it as part of the approach. With community wealth building, the situation is analogous.

When it comes to the economic element and the democratising of our economy, some of the narrative is about that being something additional. Additional support is required in that transitional phase, but the destination is something that is much more integrated and mainstream. That is an important point. Notwithstanding that these are medium-term to long-term aspirations that we will seek to advance in partnership, there is a continuing need for support in the immediate term.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

Thank you very much, convener, and good morning to the committee. I will, of course, leave the specific points about community planning partnerships for my colleague, Mr FitzPatrick, to respond to on behalf of the Government, as the lead minister.

With regards to the broader question of community, there are recognised terms such as “community of place” and “community of interest”, but ensuring that communities have space to define and understand themselves is paramount, so that they are able to engage with public services through the shared understanding that they have developed of their own identity as a community. I take that very seriously in the work that I lead on community wealth building and the work more widely around community empowerment, whether that is through participation requests, asset transfers, the wider work that we are doing around the review of the 2015 act or the work that we are undertaking on the review of local governance—the key word being “governance”, not “government”.

Working with communities and exploring, in partnership with COSLA, ways in which we can empower communities further and place more resources and decision-making power in the hands of communities will be paramount to that. Part of that work is recognising that communities have a role in defining and understanding themselves and part of it is finding the models and the range of powers and levers that are best suited to their particular needs.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

Yes, I do—they have played and continue to play an important role. It is important to recognise that they operate within a broader context of rights and that they are just two particular mechanisms at our disposal. However, since the respective powers came into force, we have seen some 79 participation requests and more than 200 asset transfer requests, with many more applications having subsequently been made. They are playing an important part in the ecosystem of community empowerment, and they are important tools in enhancing a more participatory approach to our democratic culture and as a key lever and enabler of not only regeneration but community wealth building, specifically with regard to asset transfer requests.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

The aspiration is that it will be in the first half of next year. As I indicated earlier, I would be more than happy to appear before the committee to discuss the outcome of that and the next steps once it is published.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

On the latter point, yes. That is being considered through the work that is being undertaken as part of the 2015 act review. We have seen development and evolution of participation requests. At the outset, to an extent, they were still predominantly coming from community councils, but the subject of the participation request—the relevant public service authority—is no longer exclusively local government. We are seeing a wider range of partners, and the requests are being used to allow communities to engage in a range of decision making around roads and other local assets, for example. We must have a more detailed understanding of the landscape, and that work is being undertaken through the review. That information should become available as we move towards the completion of the review in the early part of next year.

There is learning to be taken from the experience today. Previous consideration has demonstrated that the legislation was working as intended, but we recognise that there might be some opportunities for further development. One particular issue that has been raised previously is the absence of an appeals or review mechanism. Again, we will give that further consideration. I look forward to engaging with the committee at the conclusion of the review of the act and exploring your findings.

On the asset transfers, we are seeing that aspect grow. It is one of a number of tools that are available. As I look towards the introduction of legislation on community wealth building later in this parliamentary session, I keep in mind that one of the key tools and enablers that has helped us to make progress in a way that is consistent with community wealth building aims has been asset transfer requests—admittedly, it is one tool of many, but I think that it has been an important one and will have a pivotal role to play. Again, the review of the act will inform our thinking on what further steps, if any, we have to take, in partnership with local government and other public bodies, to further enhance that tool and on what further support is required.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

There are two aspects to the issue: the authority; and the community group that wishes to take on the asset.

On supporting community groups, we have provided funding to the community ownership support service, which provides expert support and guidance to organisations seeking to take on an asset. More broadly, we have seen the establishment of the national asset transfer action group, which has been working to address the issues around consistency and the sharing of best practice. Kathleen Glazik can talk about some of the work that has been undertaken in that forum.

Local Government, Housing and Planning Committee

Community Empowerment (Scotland) Act 2015 (Post-legislative Scrutiny)

Meeting date: 5 September 2023

Tom Arthur

I will briefly build on what has already been said. The point about digital divide is well made. That is why we employ a multitude of channels to engage with individuals and communities collectively. When we jointly launched phase 2 of the “Democracy matters” conversation last week, it was an in-person event with a range of stakeholders present. Recognising the need to ensure that we are not relying only on one means of communication and engagement is important, and that informs all of our approaches to wider engagement.

The point about ensuring that all voices are heard is absolutely paramount. I come back to my earlier point in response to the question of how we define a community. From our engagement in our respective constituencies and regions, we will all be conscious that there can be voices that purport to be the voice of a community, but that would be contested by other people in the wider community. We must always bear that in mind.

Ensuring that we hear the fullest range of voices is important, not just from the perspective of inclusion, equality or rights, but to enable us to harness the collective expertise, knowledge, insight and lived experience that exists across our communities and to bring those to bear. Those voices not being included would not only be a failure of inclusion but would be a missed opportunity to bring to bear the knowledge and insight that different groups bring from their unique and particular sets of experiences.

Often, we find that some of the groups that have historically been the most marginalised in the democratic process are those that engage most frequently with public services. As such, they can bring a powerful set of insights to the conversation. We engage communities from the principles of inclusivity and equality, but we also want to bring the collective expertise of our communities to bear so that we can all benefit from that.