Andy Wightman: The fight to save Waverley Market is now over

It is one of the worst Stage 1 reports I have read. Many of the Committee’s recommendations go no further than “noting” issues or concerns and “anticipating” that the Scottish Government may bring forward amendments. There is no point in Stage 1 scrutiny by a Committee if it merely “notes” matters. The job of MSPs is to gather evidence and to come to a clear view on the way forward through a series of recommendations for changes or amendments to the bill.

I and others (including a number of Scotland’s councils) have, since the bill was first published last session in November 2010, been arguing for the exemption of common good land from the scope of the bill. I think that these arguments have been well made. I acknowledge, however, that it is Parliament which makes the laws of the land and that the views of myself and others may be rejected.

So it is with some significant regret that I conclude today that the fight for the common good is effectively over. In particular it is now clear that the site of the Waverley Market on Princes Street is now going to be handed over to David Murray for 40p. I and others have had our differences with the City of Edinburgh Council over the common good status of this site but I welcomed the stance of the Council that (setting aside whether the land is common good or not) the land should be exempt.

What makes this a bitter pill to swallow is the Committee’s pathetic vacillating on the matter. In their conclusions on whether there should be an exemption for common good, the report states,

“The Committee is not persuaded by the arguments made thus far to exempt ultra-long leases on common good land, however, neither is the case against this exemption been a clear and compelling one.” (para 127)

After voluminous written evidence, hours of oral evidence and in house services of the Scottish Parliament’s legal and research staff, the Committee cannot actually make up its mind. As I say, I accept that the arguments that I and others care to make may be rejected by Scotland’s legislature, but I never thought I would witness the day when MSPs simply refuse to reach a conclusion.

What makes this all the more bizarre is that in the previous section of the report which considers the general question of common good, the Committee conclude that,

“The Committee believes, however, that despite evidence that relatively few numbers would be involved, such leases could be of significant importance to the public interest of the people of Scotland.” (para 112)

Visit Andy Wightman’s blog to read the rest of this article >>