Current Petitions

The next petition, PE1061, is fairly extensive. We have discussed it on a number of occasions, and representations have been made to us, including by elected members of different parties.The petition is from Mr and Mrs Mark J Lochhead and Mr and Mrs Henry McQueen Rankin, and it calls on the Scottish Parliament to urge the Scottish Government to ensure that measures 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 agree. Whenever possible, we have to ensure that we do not intervene in issues that councils have responsibility for. However, we have rightly been petitioned about the process that people go through, and we have heard passionate contributions. A video has been made that shows the proximity of the problems for the residents. The committee should try to encourage resolution at local level, but we should acknowledge that the ultimate arbiter will be the council.

You are correct, convener, and Robin hits the nail on the head. However, we should consider writing to East Renfrewshire Council to express our hope that a mutually satisfactory resolution can be reached. The resolution should take note of the serious and legitimate concerns of the people who are directly affected. The local authority should use maximum flexibility and show a sensitivity and an application of common sense. The clerk might find some words that are much more to the point, but that should be the general tone of anything that we send to East Renfrewshire Council.

I never thought I would see the day when I heard John Farquhar Munro refer to land reform as a little local difficulty, given his history over the years both since and prior to his election to Parliament.We need to stress what Bill Butler has said, with which a number of members concurred. It is important to state on the record that, in considering the petition, we have looked at the Land Reform (Scotland) Act 2003 and that the Government has indicated its specific position on the process of a review if we feel that there are on-going issues. The Scottish Government has stated that measures to tackle antisocial behaviour in urban residential areas are not restricted by the duty of local authorities to uphold rights under the 2003 act and that it is preparing a new antisocial behaviour framework that will, it is hoped, assist in such issues that get thrown up because of the interpretation of different pieces of legislation at a local level.As a committee, we want to indicate that it is a matter for the local authority to address with its constituents. We hope that there will be some flexibility and discussion, and we urge the partners at a local level to pull that together to try to resolve the concerns that have been a persistent issue for the residents in question.On those grounds, we should close the petition, recognise that we have taken our powers as the Public Petitions Committee as far as possible and urge that further discussion takes place at a local level to resolve the impasse that has emerged.

The petition has been kept in the system, and there have been opportunities for direct representations to the committee. We have endeavoured to facilitate some solutions to the matter, given our awareness of the powers that we have a propos of the powers that the local authority rightfully has under the 2003 act. We have tried our best to deal with the issue, and I hope that we have clarified matters in relation to the national strategy and policy issues that the petitioners raised. I hope that there can be a resolution at a local level.

I appreciate that point, and you are right in that respect, but equally we have a responsibility to address petitions when they come to us. We have stated our concerns on record, which will, I hope, send a strong message on any potential future issues of a similar ilk.