PE1061, by Mr and Mrs Mark J Lochhead and Mr and Mrs Henry McQueen Rankin, calls on the Parliament to urge the Scottish Executive to ensure that measures that are taken by communities to tackle antisocial behaviour in urban residential areas are not restricted by the duty of a local authority to uphold access rights under the Land Reform (Scotland) Act 2003. I invite comments from members.
Official Report · Committee
Current Petitions
Land Reform (Scotland) Act 2003 (PE1061)
Speakers
Choose an MSP to read only their contributions- Frank McAveety Lab 7
- Claire Baker Lab 3
- Nanette Milne Con 2
- Angela Constance SNP 1
- Fergus Cochrane 1
The record
14 contributions
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The recent clarification by the Minister for Environment that "measures to tackle anti-social behaviour in urban residential areas are not restricted" by duties under the 2003 act is helpful. I hope that it will give the petitioners some satisfaction.
It seems to me that the minister and COSLA have slightly different interpretations of events.
Never—that is the first crack in the armour.
Perhaps we should get clarification. I totally agree with Angela Constance about what the position should be, but perhaps the guidance should be clearer. I do not know how we can achieve clearer guidance, apart from by writing to the minister about it.
Do members wish to close the petition but draw to the petitioners' attention the statement by the minister that duties under the 2003 act should not be an inhibitor? A neighbouring local authority to East Renfrewshire Council has chosen to take a different course of action. I am happy to close the petition on that basis.
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Do we not need to draw to the attention of East Renfrewshire Council the letter that we have had from the minister?
We could do that. We could refer the council to the minister's statement. We are talking about a local decision, but the council will need to consider what it does in the light of the statement. I would not want to interfere with the right of local government to make decisions locally.
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When we took evidence, it seemed that East Renfrewshire Council was saying that its hands were tied on the issue and that it could not allow the gates that had been put up to remain in place.
Yes.
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It would be helpful if the committee were to get in touch with East Renfrewshire Council.
I am happy to do that, but I will take the clerk's advice on whether we can also close the petition now, or whether we have to wait to do so.
Fergus Cochrane
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You have to wait.
Okay. I understand the procedural issue that concerns Claire Baker, and I thank her for raising it.
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