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Chamber and committees

Local Government and Communities Committee, 19 Mar 2008

Meeting date: Wednesday, March 19, 2008


Contents


Planning Application Processes (Menie Estate)

The Convener (Duncan McNeil):

Welcome to the 10th meeting this year of the Local Government and Communities Committee. I remind everyone to switch off their mobile phones and BlackBerrys.

Agenda item 1 concerns the inquiry into the Menie estate planning application process. Following the publication last week of the inquiry report, there has been feedback from members on a number of issues. The committee has various options for action to discuss, the first of which is whether to request a debate on the report in the chamber. To do that, we would need to agree to write a note requesting a debate to the Conveners Group, which will meet this Thursday. We would need to get its agreement on a time for a committee debate in the chamber. Can we discuss the options one at a time?

I suggest that we wait until the Government responds to the report, which will take a maximum of seven weeks, although I hope that it will be sooner.

We need to get to the next stage first, which is to agree to request that the Government responds. We have not done that yet. However, I take your point. Are there any other views?

David McLetchie (Edinburgh Pentlands) (Con):

I was very disappointed that all the information that was released yesterday in response to freedom of information requests was not released and made available to the committee in the context of its inquiry. Had that information been released then, we would have had a number of pertinent questions that we might have been able to ask witnesses. There are certainly other factors that we might have taken into account in framing our conclusions, although the information that was released gives me no cause to review the conclusions because, by and large, it confirmed the judgments that the majority of the committee made. Nonetheless, it would have been better for the evidential record had all this new information been put into the public domain earlier.

Clearly, there was a division of opinion on the committee on the conclusions that we reached, and I am sure that there will be a similar division in the Parliament. Given the inquiry's importance and given the further information that has been put into the public domain since our inquiry reported, it is only appropriate that Parliament and, indeed, the Government should have an opportunity to respond and that we should have a chamber debate on our conclusions and recommendations. I see no reason why we should not set the ball rolling with the Conveners Group and ask for a debate to be scheduled. If the Government produced a written response to our report in the interim, that would be well and good, and highly desirable. It would allow the debate to be informed by our report, the Government's response and the information that has now been put into the public domain, which would be eminently sensible.

However, we do not need to wait for all that to happen, because it would just protract the process. As members will know, the Government constantly states, or tries to imply, that this committee is somehow slowing down the process, so I am sure that it would be keen for us to accelerate the process in this instance.

Bob Doris (Glasgow) (SNP):

I would like to ask a few questions, particularly about the amount of time that committees usually get for a committee debate in the chamber. It would be more appropriate for the committee to have a debate on the findings of our forthcoming child poverty inquiry. If we are to bid for chamber time for a committee debate, I can think of subjects that are far more worthy of debate than the investigation into the Menie estate application processes, which has dragged on. Child poverty is a much more important issue for this committee to discuss in the chamber.

The Convener:

I am sure that the committee will be able to discuss in the chamber the report that we will agree in future following completion of our evidence taking on child poverty. I do not think that asking for a committee debate in the chamber on the Menie estate report would militate against our getting a debate on child poverty—it would not be a case of getting one or the other, Bob.

Bob Doris:

I hoped that we could seek guidance on whether a bid from this committee for a debate in the chamber would be likely to succeed, given the pressures on time in the chamber, and on whether we could get one debate only, or two or three. Instead of burning up our time in the chamber with a debate on the Trump application, I would prefer us to have a debate on child poverty, fuel poverty or some other issue. Do committees get a number of parliamentary debates over a session?

The Convener:

The Conveners Group will welcome bids for debates from committees. There is a lot of time for committees to have debates, and it is very wrong to suggest that any inquiry or work that we have not yet completed would be put at risk if we ask for a debate on this issue.

That is not what I was trying to say, convener. I am trying to get some—

The Convener:

Bob, other members have indicated that they want to speak. Given what the Scottish National Party group and you in particular have said over the past couple of weeks, I fully understand why you are anxious not to debate the issue in the chamber. I certainly understand your strong views on the matter—

Perhaps we could finish our discussion—

I call Patricia Ferguson.

That is very unhelpful, convener.

Patricia Ferguson (Glasgow Maryhill) (Lab):

Given that, apart from the odd legislative consent motion, practically no legislation is going through the chamber—which, incidentally, also means that there are very few committee reports to debate—I suspect that the Conveners Group will be almost grateful if we ask for a debate on this report. I, too, hope that we will have debates on the reports that we might produce on fuel poverty, child poverty, housing or any other issues that fall within our remit.

However, I find it very disappointing that committee members who, in fact, participated fully in the inquiry are suddenly commenting here and elsewhere that they think that it dragged on. We should request a debate, get the Government's response and put all the facts before Parliament so that it can reach its own view. After all, other MSPs have as much of an interest in this issue as anyone around this table.

Alasdair Allan (Western Isles) (SNP):

Convener, I believe that you said that the SNP group was anxious about this report coming before the chamber. With respect, I want to put that right. As Bob Doris has indicated, we feel that having such a debate is probably not the best use of parliamentary time, but we are in no way anxious about having a debate on such a thin and poor report.

Kenneth Gibson:

If we are going to have a debate, we should wait until we have received the Government's response so that our discussion is fully informed. We are certainly not anxious about the issue; indeed, I think that most people are bored rigid by the whole thing. The application has now gone to a public inquiry and I do not think that there is any great clamour outside this building for a debate. To me, it is all about feeble party-political point scoring. Given that no rules or laws were broken, I do not see why there is such pressure for a debate on the matter. After all, one of the party leaders in the Parliament actually broke the law, and I see no one clamouring for a debate on that.

I am relaxed about having a debate in the chamber, but I think that we should wait until the Government responds to ensure that it is more fully informed.

The Convener:

It is incorrect to say that no rules were broken. The committee could not come to that conclusion because, as it recognises in its report, it has no powers to investigate the ministerial code.

I do not think that we are getting anywhere. Yet again, the committee splits along party-political lines. I find it unfortunate that, over the past week, people have decided to brief against the committee and politicise the whole process.

The question is, that the committee agrees to request a debate in the chamber on the report.

My view is that it is not about having a debate—

So you will vote against the proposal.

Well, I will, because it is not the right time for a debate.

There will be a division.

For

Patricia Ferguson (Glasgow Maryhill) (Lab)
Johann Lamont (Glasgow Pollok) (Lab)
David McLetchie (Edinburgh Pentlands) (Con)
Duncan McNeil (Greenock and Inverclyde) (Lab)
Jim Tolson (Dunfermline West) (LD)

Against

Kenneth Gibson (Cunninghame North) (SNP)

Abstentions

Alasdair Allan (Western Isles) (SNP)
Bob Doris (Glasgow) (SNP)

The result of the division is: For 5, Against 1, Abstentions 2. The proposal is agreed to.

Of course, only the SNP group was politically motivated in that vote.

The Convener:

The second matter, which Kenny Gibson mentioned earlier, is whether the committee agrees to request a formal response from the Scottish Government to the report. As he pointed out, if we request that, the Government will be obliged to provide a report within eight weeks. That would provide us with an opportunity to get by the behind-the-hands briefings that have been taking place against the integrity of the committee in the past couple of weeks. We would wish any report to be considered and to address the concerns raised in the inquiry about the transparency of the process, the quality of the decision making and the legal advice that was taken. We look forward to that.

I hope that we now also have an opportunity to get submissions from those who have sought to use the situation to suggest that there is chaos in the planning system in Scotland. I hope that those who have made such comments over the past few weeks—the Confederation of British Industry, the Institute of Directors and others—will write to the committee, highlighting any problems or perceived problems that they have with the planning process. I remind everyone that we have not, at any stage in our inquiry, received any factual evidence or suggested in our conclusions that the planning process in Scotland is in chaos. We asked the Trump Organization to make some comment about the process and I hope that those other organisations will do that as well.

Is the committee agreed to request a formal response to the report from the Scottish Government?

Members indicated agreement.

That concludes item 1. I suspend the meeting for a few minutes until the minister comes.

Meeting suspended.

On resuming—