POWERS OF COMMUNITY COUNCILS (Hansard, 18 May 1994)

§ Mr. Wallace
I beg to move, That the clause be read a Second time.

§ Madam Deputy Speaker (Dame Janet Fookes)
With this we may discuss amendment No. 6, in clause 23, page 20, line 9, after 'scheme', insert 'and about the proposed number and powers of future community councils within their area.'.

§ Mr. Wallace
The purpose of the new clause is to stress the importance of community councils in the government of Scotland. As constituency Members, many of us know that they play an important role in the community, particularly in channelling the views of communities to their local Members. That is certainly the case in my constituency. Since the Local Government (Scotland) Act 1973, there have been developments, not only in rural areas, but in a number of urban areas, and very often areas where, without community councils, it would be difficult to focus on a community view.
The purpose of the new clause is not in any way intended to limit the purpose and functions of community councils set out in section 51(2) of the 1973 Act. Indeed, it seeks to take community councils further than that. It would recognise that functions, which, under statute, are primarily the function of the new unitary authorities, could be discharged by a community council. That already happens in some areas—for example, some recreational responsibilities and the upkeep of cemeteries, and that is a way in which community councils can raise additional income. The new clause also seeks to have a power of general competence to supplement the current statutory responsibilities of community councils. In that way, I would hope that they would become a much more potent power in their own areas and that they would have an increasing opportunity to make representations to a number of statutory bodies. The Government have acknowledged that 'community councils should at least be consulted on the decentralisation proposals in the Bill.
Amendment No. 6, tabled by my right hon. Friend the Member for Tweeddale, Ettrick and Lauderdale (Sir D. 876 Steel), proposes that there should also be statutory consultation with community councils on their number and their powers in a given area in future. As the scheme presently stands, while there is a general responsibility on the new councils to consult the public about the creation of community councils in their area, there is no statutory requirement to consult existing community councils. My right hon. Friend's amendment would strengthen that position and give existing community councils a role with regard to consultation when new schemes for community councils are proposed.
There are other areas, too, in which it is important that community councils are involved. There is to be a statutory requirement to be involved in planning decisions, licensing applications, and proposals that might come from the Forestry Commission and the new water and sewerage authorities. I hope that the steps taken in the Bill to extend the statutory right of consultation can be taken further.
We wish to clarify the position that community councils can hold heritable property. Why should not they buy premises if they have the funding to do so, or hold premises if they are bequeathed to them? Why should not the officers of a community council in some parts of the highlands be allowed to hold that property on a trust basis for the community rather than having it done by the central council, perhaps many hundreds of miles away? That is a simple point, but it would help to establish community councils more firmly in our scheme of arrangements for local government. They provide an important channel for the views of the communities that they represent. The new clause gives the House an opportunity to express its support for the network of community councils throughout Scotland.

§ Mr. Stewart
There will be a great deal of sympathy with the points made by the hon. Member for Orkney and Shetland (Mr. Wallace). My first point, however, as I am sure he will recognise, is that not all community councils are capable of taking on an extended role.
I take this opportunity to pay tribute to the excellent work in my constituency of many community councils, including Neilston, where I live, under its excellent chairman, Mr. Bill Reid. The role of community councils does vary, but we recognise, as does the hon. Gentleman, that local authorities must make the best use possible of the valuable resource that exists in the form of community councils. That is why we have given them, as the hon. Gentleman has recognised, new powers under the Bill: the statutory right to be consulted on draft decentralisation schemes; and the statutory right to be consulted on local planning issues.
Guidance will be issued to the new authorities, encouraging them to keep community councils informed about local licensing issues. I have to tell the hon. Gentleman, however, that we do not see community councils as an alternative mechanism for service delivery. That is why I cannot recommend the new clause to the House.
On the hon. Gentleman's proposals in subsections (2) and (3), there is no legal bar to community councils being involved in those areas. I can confirm that to the hon. Gentleman. I understand the point of the subsections, but suggest that, in the light of the advice that I have given to him, they are unnecessary.

§ Mr. Wallace
With regard to subsection (1), in which I refer to functions currently exercised by councils, does the Minister accept that there may be occasions when some of the functions are carried out by community councils, such as maintenance of cemeteries, and that that already happens quite legitimately?

§ Mr. Stewart
I agree. If the local council thinks and believes that that is an appropriate way of delivery of its services, that is perfectly in order.
On amendment No. 6, I have looked at the present legal position under the 1973 Act and clause 22 of the Bill. I believe that the provisions in the statute and the Bill adequately achieve the objective of ensuring that community councils have the opportunity to review their numbers and powers.
The hon. Gentleman asked me a specific question about community councils' ownership of property. I assure him that there is nothing to prevent them from owning property. I hope that that reassurance will be helpful to him. I do not think that there is any dispute in the House about the importance of community councils and the role that they can play. I think, however, that it is, and can be, variable and, in the context of the general good will towards community councils, which extends to all Members, I hope that the hon. Gentleman will feel able to withdraw his new clause.

§ Mr. Wallace
The Minister has gone a long way in clarifying those points, and there is much common ground between us. I have one query, which, perhaps, could be looked at in another place. The Minister said that community councils would have the opportunity to comment on any proposals for new councils. We were looking for a statutory right to be consulted, but that is something that can be looked at before the Bill is completed.
With those comments, I beg to ask leave to withdraw the motion.