Concerns about the administration of Common Good funds are noted as Land Bill is shaped
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Concerns about the administration of Common Good funds will help inform a review of land reform legislation, Nairn community councils have been told.
Scottish Government minister for environment and land reform Màiri McAllan gave the assurance after being informed of local concerns by Inverness and Nairn MSP Fergus Ewing and Highland Labour list member Rhoda Grant.
Nairn West and Suburban and Nairn River community councils had sent a joint letter to all local MSPs seeking their support to ensure Common Good management and governance is included in a proposed new Land Reform Bill.
Both community councils have clashed with Highland Council over its administration of Nairn’s Common Good funds, accusing it of using it to fund services such as grass cutting and play park maintenance they believe should be coming out of general council budgets.
Highland Council has consistently rejected any suggestion of using money from the Common Good Fund inappropriately.
Ms McAllan told Mr Ewing and Mrs Grant, that she was concerned about the matters raised by the community councils through them.
“The Common Good Act 1491, which remains in force, required that this property ‘be observed and kept for the common good of the town’,” she said.
“The use and sale of Common Good is restricted by law, and the proceeds from these assets is retained in the relevant Common Good Fund.
“The income of a Common Good Fund is required to be used for the benefit of the inhabitants of the burgh to which they belong.”
She said Highland Council’s corporate statement on Common Good Funds appears to support this position.
“So if the money is not being used for the benefit of the inhabitants of the burgh an explanation should be sought from them,” she added.
She also said: “I shall bear in mind the matters raised by your constituents – and the sensitivities of Common Good – as I develop provisions for the Land Reform bill which, albeit at an early stage, is very much progressing.”
In the community council letter sent to MSPs, chairmen of both Nairn community councils, Alastair Noble and Hamish Bain, said: “The main purpose for the inclusion of Common Good as part of this new Bill would be to clarify the processes relating to common good land and to expand on the initial steps taken in the Community Empowerment Act 2015 Part 8 to enable local communities to participate in the decision-making processes around the governance and management of their own common good.
“The Scottish Land Commission produced a Common Good Protocol in December 2020 urging local authorities to ‘encourage community involvement in decision-making processes around the governance and management of Common Good assets’.
“Unfortunately, Highland Council chose to tread a more prescriptive and community exclusive path.
“Currently, management and governance of Common Good lands are vested in Highland Council members as Common Good custodians on behalf of the inhabitants of the Highland Council area. In many instances, local communities are given no say in any decisions taken regarding their own common good and often these decisions are communicated as a fait accompli.”
