Written evidence submitted by Lesley Riddoch
1. I'm a writer and journalist and I have long-standing
interests in land reform, marine energy and community development.
I have been a Trustee of the Isle of Eigg Heritage Trust, I chaired
a Taskforce on the future of the Isle of Rum and I wrote a book
about the culture and economy of the Western Isles called Riddoch
on the Outer Hebrides.
2. I'm writing in response to your call for written
evidence on the Scotland Bill 2010, and would like to make some
observations about Crown property rights, the proposals in the
Bill relating to the Crown Estate Commissioners (CEC), and how
the Bill could modernise and improve the administration of the
important public rights that are currently managed by the CEC
in Scotland under the Crown Estate Act 1961.
3. I recently wrote a column in the Scotsman
on the subject, arguing that lack of agreement on HOW to achieve
change should not get in the way of ending Crown Commission jurisdiction
in Scotland as soon as possible. That observation was based on
discussion with a large number of coastal development trusts and
small businesses.
4. My main interest is to free up control of
natural resources so Scotland loses its unenviable reputation
as the best wee feudal country in the world. I think the best
way forward is that suggested by Andy Wightman—dispensing
with the current Clause 18 in the Scotland Bill and replacing
it with the following The Crown Estate Act 1961 is amended as
follows. After Section 1(7) insert "Section 1(8) This Act
does not apply to Scotland".
5. The sums collected by the Crowns Estates in
Scotland haven't been vast but enough in some isolated communities
to cause abandonment of old piers, enough to stop small-scale
community development and enough to make coastal communities feel
the power of the sea is not theirs to harness. That disempowered
outlook is a particular concern for a country that seeks to exploit
marine energy as a form of baseload energy. Since 1999—when
the powers of other asset—owning quangos like the Forestry
Commission were devolved—London-based quango control over
Scotland's marine environment by the CES has been an undemocratic
anachronism.
6. By 2050—when offshore renewables capacity
could reach 68GW and provide a net value in electricity sales
of £14 billion—it will be an unacceptable loss of potential
income from Scotland's coastal communities.
7. Powers already exist to allow the Scottish
Secretary to re-direct Crown Estate income. So in theory, the
current SS could simply decide to send the Scottish tranche north.
That might be a quick non-legislative way round the problem, but
it's not a solution. A new Secretary of State might have other
ideas—especially when the offshore renewable energy income
starts to flow.
8. Ideally, income from marine assets must remain
beyond the reach of Holyrood and even Scottish councils with the
coastal communities themselves. Marine trusts could be set up
in coastal communities to receive rental income—the model
used in Norway where small, powerful, service-delivering, community-sized
municipalities already offer a geographical template and a precedent
for micro-managing funds. In Scotland, such communities would
have to be recreated—carved out of the largest councils
in Europe—but using old parish and burgh council boundaries
it could be done.
9. Some want Westminster to legislate and ensure
the Crown Estates spoils are sent directly to local communities
around the UK coastline—bypassing Holyrood, Stormont and
Cardiff. Others argue Westminster shouldn't micro-manage that
cash and should quite simply amend the Crown Estate Act of 1961
to say it shall no longer apply to Scotland, Wales and Northern
Ireland—entrusting the next step of redistribution to the
national parliaments.
10. It seems to me the quickest way of starting
a change process is for the Scottish Government to take over the
administration of CEC rights immediately and the simplest means
of achieving this is to remove the CEC from any responsibilities
in Scotland.
EXECUTIVE SUMMARY
I therefore suggest the Committee recommends dispensing
with the current Clause 18 in the Scotland Bill and replacing
it with the following:
The Crown Estate Act 1961 is amended as follows.
After Section 1(7) insert "Section 1(8) This Act does not
apply to Scotland".
January 2011
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