Plenary, 22 Mar 2006

Meeting date: Wednesday, March 22, 2006

Official Report 386KB pdf

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Edinburgh Tram (Line Two) Bill: Final Stage

The next item of business is the final stage proceedings on the Edinburgh Tram (Line Two) Bill. First, I will make the usual announcement about the procedures that will be followed. We shall deal first with amendments to the bill, then we shall move on to the debate on the motion to pass the bill. For the first part, members should have the bill as amended at consideration stage; the marshalled list, which contains all amendments selected for debate; and the groupings, which I have agreed. The period of voting for the first division will be two minutes. Thereafter, I shall allow a voting period of one minute for the first division after a debate. The period for all other divisions will be 30 seconds.

I remind members that I can hear everything they say in this room. It is really interesting, but right now I want to concentrate on the amendments, so if members have to speak to one another I would prefer them to go outside or to speak very quietly indeed.

Section 16—Discharge of water

Group 1 is on rights over public sewers or drains and discharges to watercourses. Amendment 1, in the name of Bill Aitken, is grouped with amendments 2 to 7.

All the amendments that I shall move over the next few minutes are to improve the drafting of the bill and to update various matters.

Section 16 provides for the authorised undertaker to be able to use watercourses and drains to drain the tram works during construction and operation. The amendments arise from discussions that were held with the promoter on the committee's behalf. We originally wished the amendments to be made at consideration stage, but there were concerns about the drafting, so they had to be delayed until now.

I lodged the amendments on behalf of the promoter. In common with the vast majority of the amendments that I shall move this afternoon, they seek to improve the drafting of the bill. In addition, they better reflect the policy intent of the promoter. I am pleased to say that the rewritten amendments improve the drafting of section 16, in particular section 16(1). They fully reflect changes that were made to the Edinburgh Tram (Line One) Bill at consideration stage.

The amendments change references to the "authority" that owns sewers or drains to refer instead to the "person" who owns them, to recognise the existence of non-statutory owners with rights over water flowing past their land. The deletion of section 16(5) and the amendments to sections 16(2) and 16(4) reflect the imminent repeal of section 30F of the Control of Pollution Act 1974 and the obligation on the authorised undertaker to comply with the general law as regards any discharges to a watercourse. I confirm that the Scottish Environment Protection Agency and Scottish Water have been involved in discussions leading to the amendments, which improve the controls under the bill as well as bring section 16 up to date.

I move amendment 1.

Amendment 1 agreed to.

Amendments 2 to 7 moved—[Bill Aitken]—and agreed to.

Section 31—Set-off against betterment

Group 2 is on set-off against betterment and the clarification of text. Amendment 8, in the name of Bill Aitken, is grouped with amendment 9.

Section 31 provides that if, in addition to land acquired under the bill, a landowner has other contiguous or adjacent land that increases in value because of the bill—through being more accessible, for example—compensation for the lost land will be reduced by any increase in the value of the other land. That principle is known as betterment. In the same way that the effect of betterment will be taken into account in respect of compensation that is payable for land that will be acquired under the act, section 31 provides that the effect of betterment will be taken into account in respect of compensation that is payable due to a reduction in property values as a result of construction works. Amendment 8 clarifies the drafting of section 31 to make its purpose clearer, and does not change its meaning or effect.

I move amendment 8.

Amendment 8 agreed to.

Amendment 9 moved—[Bill Aitken]—and agreed to.

Section 36—Correction of errors in Parliamentary plans and book of reference

Group 3 is on correction of errors in parliamentary plans and book of reference. Amendment 10, in the name of Bill Aitken, is grouped with amendments 11 to 13.

The Edinburgh Tram (Line Two) Bill Committee expressed serious concerns about the extent of the powers conferred by section 36, so it was amended at consideration stage. However, after further discussions with the clerks to the committee and our legal adviser, I am convinced of the need for further amendments to section 36 to improve the rights of affected parties even further. The promoter has agreed to such amendments being lodged.

Section 36 allows the authorised undertaker to apply to the sheriff to correct any inaccuracy in the parliamentary plans or the book of reference relative to its description of any land or its description of the ownership or occupation of any land. The authorised undertaker can do that only if it gives at least 10 days' notice to the owner or occupier of the land that is the subject of the error.

If the sheriff agrees that the inaccuracy arose from a mistake, the sheriff must certify the fact accordingly—the sheriff would have no discretion. It would then be lawful for the authorised undertaker to take the land or, as the case may be, a right over the land in question and execute the works in accordance with the sheriff's certificate.

The proposed new subsections make it clear that when a person has been given notice under section 36(1), they can give to the sheriff and the authorised undertaker a written counter-notice disputing that there is an inaccuracy that may be amended under section 36. That must be done within 10 days of the giving of the original notice. When a counter-notice is given, the sheriff must ensure that a hearing is held before making any decision on the application.

Although we all expect that it is unlikely that there will be such errors in the documents, particularly in serious situations where the promoter requires to acquire land compulsorily, it is important that section 36 strikes a fair balance in enabling the sheriff to act in the light of all relevant facts. The amendments build in better safeguards for those who may be affected by section 36 and better ensure that their human rights will not be breached.

A further minor amendment to section 36 defines "Partner Libraries", which is used in the section.

I move amendment 10.

Amendment 10 agreed to.

Amendments 11 to 13 moved—[Bill Aitken]—and agreed to.

Schedule 1

Scheduled works

Group 4 is on correction of road names. Amendment 14, in the name of Bill Aitken, is grouped with amendments 15 to 27.

The amendments are necessary because the bill contains inaccuracies and misunderstands the geography of Edinburgh. The promoter has identified a large number of roads and streets that will be affected by works to install the tramline, the names of which have been incorrectly recorded in the bill. The amendments simply seek to correct the errors by substituting the correct names; they have no effect on third parties.

I move amendment 14.

Amendment 14 agreed to.

Amendments 15 to 20 moved—[Bill Aitken]—and agreed to.

Schedule 2

Roads subject to alteration of layout

Amendments 21 to 24 moved—[Bill Aitken]—and agreed to.

Schedule 5

Level crossings

Amendments 25 to 27 moved—[Bill Aitken]—and agreed to.

Schedule 9

Provisions relating to statutory undertakers, etc

Group 5 is on a correction to drafting: definition of "telecommunications operator". Amendment 28, in the name of Bill Aitken, is grouped with amendment 29.

Schedule 9 contains standard provisions to deal with the required movement of apparatus belonging to statutory undertakers, which are generally the gas, water, electricity and telecommunications utilities. A lot of their apparatus consists of wires, pipes and the like, which will come as no surprise to members, and it may be situated under the land on which the tramline is to be constructed.

Schedule 9 defines "telecommunications operator" and refers to the Telecommunications Act 1984. However, the Communications Act 2003 repealed sections 9 and 10 of the 1984 act, thus it is no longer appropriate to cross-refer to those sections to provide definitions for some of the terms used in schedule 9. The amendments ensure that the appropriate definitions and references in schedule 9 relate to the Communications Act 2003 instead.

I move amendment 28.

Amendment 28 agreed to.

Amendment 29 moved—[Bill Aitken]—and agreed to.

That ends consideration of amendments.