Pow of Inchaffray Drainage Commission (Scotland) Bill Committee

Meeting date: Wednesday, June 20, 2018

Official Report 568KB pdf

---

Pow of Inchaffray Drainage Commission (Scotland) Bill: Consideration Stage

Good morning and welcome to the fifth meeting in 2018 of the Pow of Inchaffray Drainage Commission (Scotland) Bill Committee.

The only item on our agenda today is for us to screen the amendments to the bill that have been lodged and to apply two tests. The first test is whether the committee is of the view that any of the amendments adversely affects private interests. If any such amendment is identified, the committee will apply a second test: we will consider whether the amendment has sufficient merit that there is a possibility of its being agreed to after further scrutiny. If the committee is of the view that any amendment passes both tests, consideration of the amendments will be paused to allow for a notification and objection period.

I invite members to consider whether any of the amendments adversely affects private interests.

Amendment 9 meets the test.

I agree.

We agree that amendment 9 meets the test. Do other amendments adversely affect private interests?

No. The other amendments are sensible amendments that relate to matters on which we have been working with the promoters, to strengthen the bill.

I agree.

Okay. The committee agrees that only amendment 9 adversely affects private interests. Amendment 9 relates to the new land plans that the promoters of the bill have brought forward.

We move on to the second aspect of the screening process. Do members agree that amendment 9 has sufficient merit that there is a possibility of its being agreed to after further scrutiny?

Yes, I agree that that is the case.

Okay. I confirm that it is the committee’s view that amendment 9 adversely affects private interests and has sufficient merit that there is a possibility of its being agreed to after further scrutiny.

As amendment 9 was lodged on behalf of the promoters, it is the promoters’ responsibility to notify people who are affected about the implications of the amendment and how to lodge an objection. However, the committee may specify how that should be done, including how long the objection period should be.

In paragraph 13 of committee paper POI/S5/18/5/1, there is a suggestion that the promoters should contact all heritors whose private interests would be adversely affected, that is, new heritors and heritors who are potentially facing a substantial increase in their assessment. What are members’ views on the suggestion?

That seems fair.

It is a sensible approach, convener.

Okay. We are content with that approach.

On the objection period, as it says in paragraph 14, given that the committee is not scheduled to meet until 12 September, we could consider allowing a 60-day period for objections, which would mirror the preliminary stage objection period.

I agree that we should do that.

I agree.

Okay.

That concludes our consideration of the amendments. The clerk will liaise accordingly with the promoters of the bill and the committee’s web page will be updated.

A letter and updated schedule of heritors has been received from the promoters and has been published on the Parliament’s website.

The committee’s next meeting will take place on Wednesday 12 September 2018 at 10 am. We will take evidence on any objections lodged to amendment 9 or, if no objections are lodged, begin proceedings on the amendments to the bill.

Meeting closed at 10:03.