COMMUNITY EMPOWERMENT BILL PART 7 ALLOTMENTS

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1 COMMUNITY EMPOWERMENT BILL PART 7 ALLOTMENTS The Scottish Allotments and Gardens Society welcome the commitment to allotments shown by the Scottish Government in the Community Empowerment Bill. This shows that the Government values the contribution allotments make to their agenda. We are pleased at the statutory protection for allotment sites is embedded in the Allotment Part 7 of the Bill and look forward to working with the Government and local authorities on a food-growing strategy that will involve the other food growing groups. However we have expressed our concerns about three sections in the Bill as introduced. These concerns are addressed by some of the amendments submitted for Stage 2 (see following pages). If these amendments are passed, the aspirations of the Bill for genuine community empowerment will be met. The legislation will then form a strong basis on which the Government can work with the allotment communities and the local authorities to ensure that the full contribution allotments can make to the Government agenda in food policy, social justice, health and well-being, reducing carbon emission and enhancing the natural environment will be realised. Define a standard allotment plot as approximately 250 sq.m Allotments are a fundamental part of the Scottish Government's Food and Drink Policy of supporting and encouraging 'Grow Your Own'. 250 sq.m. would enable a family unit grow most of their own consumption of fruit and vegetables. Unless it is defined plot-holders may not have access to the area of land necessary for their needs. Ensuring no-one waits more than 5 years for a plot This a social justice issue. People who live in deprived areas usually do not have access to land for cultivation. Fair rent Rents should be set to enable those on low income to participate and not be excluded. We recognise the difficulty that the Government has in balancing the arguments from the local authorities with those from the allotment community. However we do not believe that there is any difficulty in implementing the amendments if the principles of subsidiarity and community empowerment are implemented.

2 1. Section 68: Meaning of allotment In 68 (d) of the Bill as introduced, an allotment is defined as 'of such as size as may be prescribed.' We support Amendment 1168 submitted by Ken McIntosh that replaces (d) by (2) The requirement is that the land is of a size of approximately 250 square metres. (3) The requirement is that the land is of such size (being a size smaller than that set out in subsection (2)) as has been requested by the person leasing or intending to lease the land from the authority This amendment, defining the size of a standard allotment plot is essential to protect the unique identity and role of allotments. For decades it has been accepted that the amount of land required to provide most of the needs of a family unit is in the region of 250 sq.m. (approximately the area of a tennis court.) It provides a space that can provide year round activity for the retired and unemployed. A definition of size in primary legislation is necessary to stop local authorities from sub-dividing plots to reduce their waiting lists, forcing people to accept smaller plots than they require. We accept that not everyone needs or wants 250 sq.m. and this amendment also ensures that smaller plots can be made available for those that want them. This wording will also allow for existing allotments that may be over 250sq.m. in size. We do NOT support Amendment 1129 submitted by Aileen McLeod that contains d) no more than 250 square metres in area. The basis tenet of the Bill is community empowerment and subsidiarity. Not everyone wants a full size plot, and smaller areas may satisfy some people. However no more than 250 sq.m. will allow the local authorities to offer plots sizes that suit them, rather than the plot-holders. Even with Regulations, the Ministers and the local authorities will determine what is offered rather than allowing people and the local associations to determine what area they wish to cultivate.

3 2. Section 72: Duty to provide allotments In 72 (1) of the Bill as introduced,. each local authority must take reasonable steps to ensure that the number of persons entered in the list maintained under section 71(1) is no more than one half of the total number of allotments owned and leased by the authority. We support Amendment 1171 submitted by Ken McIntosh In section 72, page 61, line 30, at end insert <, and ( ) that the number of persons so entered who have been on the list for more than five years is zero.> We support Amendment 1255 submitted by Alex Rowley In section a local authority must, in taking the reasonable steps mentioned in that subsection, have regard to the need for allotments to be made available in areas that are in reasonable proximity to the areas where persons on the list mentioned in that subsection reside (in particular any such persons who experience socio-economic disadvantage). Plot turnover is about 5% a year so the 50% trigger point in the Bill as introduced, could mean someone waiting 10 years or more for a plot. These amendment set a limit on this and also ensures that the geographic area would be local communities rather than entire local authority areas. As the Bill sets trigger points above which local authorities are required to take reasonable steps to make additional provision, rather than deadlines by when additional provision must be provided, we do not feel this amendment will place an undue burden on local authorities. People need a plot for healthy food, to help recover from physical or mental illness, as a family activity with their children or when facing unemployment and retirement. Allotments offer an opportunity for all those who wish to enjoy the benefits of gardening and working in the out-doors. People in areas of multiple deprivation areas often do not have access to gardens. They should not have to wait for 10 years for an allotment. The local authorities are concerned about availability of land and cost of developing allotments. However these fears can be overcome. Little land is required to fulfill current demand even in the major cities. An area the size of a football pitch would satisfy the present demand from a settlement of 10,000 people and Edinburgh's entire waiting list of over 2,500 people could be accommodated on an area of land less than that required for one golf course. If land is provided, and local authorities work in partnership with allotment associations, the funding required to create allotments can be generated from a variety of sources and need not pose a strain on local authority finances.

4 3. Section 73: Allotment Site Regulations In 73 (3) of the Bill as introduced, (3) Regulations under subsection (1) must in particular include provision for or in connection with... (b) rent, We support Amendment 1173 submitted by Aileen McLeod and Amendment 1174 submitted by Ken McIntosh supported by John Wilson 1173 In section 73, page 62, line 24, after <rent> insert <, including a method of determining fair rent that takes account of (i) services provided by, or on behalf of, the local authority to tenants of allotments, (ii) the costs of providing those services, and (iii) circumstances that affect, or may affect, the ability of a person to pay the rent payable under the lease of an allotment> 1174 In section 73, page 62, line 32, at end insert <(3A) Provision made by virtue of subsection (3)(b) must secure that the rent to be paid by allotment tenants represents an appropriate balance between the level of services provided in relation to the allotments (and the cost of providing and maintaining those services) and the rent being affordable for current and prospective allotment tenants. (3B) Each local authority must publish, in such manner as it considers appropriate, a statement explaining why it considers that the rent to be paid by allotment tenants represents an appropriate balance between the things mentioned in subsection (3A). In the Bill as introduced there was no fair rent clause, so nothing to stop a local authority from increasing rents, either to generate additional funds, or simply to use as a tool to price people off their allotments, thereby enabling them to reduce their waiting list. In addition the reporting clause in Amendment 1174 would ensure transparency in the rent process. Fair rent is a social justice issue. A fair rent that takes into account ability to pay will enable those in deprived areas who wish to contribute to their food supply, or community groups to afford to cultivate a plot. In addition local allotment associations can work with local authorities to determine the level of services required and therefore the rent for the site. Devolved management incorporates the basic principles of community empowerment and partnership working.

5 4. Section 75 and 76: Protection of Sites from Closure We welcome the movement of the provisions to protect allotment sites from closure from the Local Government Act 1973 Section 6 into Part 7 Allotments of the Community Empowerment Bill. For many years the allotment community were not aware that allotment sites in Scotland enjoyed the same statutory protection from closure as sites in England, because this protection buried in an Act totally separate from the rest of the legislation relating to allotments. We feel that not knowing allotments in Scotland had legal protection from closure has been a major contributory factor to the much more marked decline in allotment provision in Scotland since the end of WW2 than in the rest of the UK. Additionally, the added protections that the provisions in the Community Empowerment Bill affords, requiring local authorities to not only seek permission from the Scottish Government prior to closing sites, but also to provide a replacement site will protect allotments in the future and thus support the Food Growing Strategy in Section 77 of the Community Empowerment Bill and also the proposed Land Reform Act. We would be opposed to any amendment to the Bill that would reduce or remove the protections offered by Sections 75 and Section 87: Sale of Surplus Produce We welcome the clarity provided by Section 87 regarding the sale of surplus produce. Allotments are not smallholdings or businesses, and good governance models have for years recommended that the only sales of produce that local allotment associations should allow in their site rules are where the proceeds go to the site association, rather than to individual tenants. Allotments are to enable people to cultivate fruit, flowers, vegetables and herbs for themselves, their families and members of their community group. If sale for profit is allowed, there is the possibility that some tenants may manage their allotment for profit generation rather than to provide nutritious fresh food for themselves and their families. We welcome the fact that the provisions in Section 87 will provide statutory backing to good governance models thereby reducing the possibility of disputes. We would be opposed to any amendments to the Bill that would allow individual tenants to make a profit from their allotment.