HC Deb 15 October 1940 vol 365 cc569-70
1. Mr. Leslie

asked the Secretary of State for Scotland whether he is aware that, when 35 holders settled on land in Sandwick Parks, acquired by the Department of Agriculture from the Stornoway Trustees in 1932, these smallholders were informed that they would get the benefit of the Derating Act, but despite this understanding they are now held responsible for both owners' and occupiers' rates, while it is held that ownership is vested in the agricultural Department; and what action does he propose taking to rectify the anomalous position of these smallholders?

The Secretary of State for Scotland (Mr. Ernest Brown)

In the particulars of the scheme at Sandwick Parks issued to applicants in March, 1932, the subjects were described and let to applicants as "building sites to be let to bona fide fishermen." With the assistance of loans from the Department of Agriculture for Scotland, the holders have erected houses on the sites. The incidence of probable rating was explained before entry. The ultimate decision regarding de-rating rests with the Lands Valuation Appeal Court, who have ruled, in disposing of four separate stated cases, that these subjects are not entitled to de-rating. I cannot agree that there is anything anomalous in the position and there does not appear to be any action which I could take in the matter.

Mr. Leslie

Is the Minister aware that at the time when these smallholders took possession, a statement appeared in the local Press, from the then Member of Parliament for the Division, that they would come under the Derating Act? Why should these smallholders be treated differently from farmers who are enabled to enjoy the benefits of the Act?

Mr. Brown

I am not responsible for what the local Member of Parliament says in the local Press. I know of no such undertaking. In regard to the other point, these smallholders are within the borough, and I have no jurisdiction there. The Lands Valuation Appeal Court is the final body. Four separate cases have been to the Lands Valuation Appeal Court, which ruled that these holdings are not agricultural holdings.

Mr. J. J. Davidson

Does the Minister's reply mean that the Secretary of State for Scotland cannot review decisions of this Lands Valuation Appeal Court?

Mr. Brown

Certainly. If there were to be an alteration, it would mean an alteration of the law not merely affecting these people but affecting everyone else concerned.