Speech: Stage 1 Landfill Tax Bill (29th October)

I am delighted to have the opportunity to speak on the Landfill Tax (Scotland) Bill and I welcome its stage 1 completion. I thank fellow members of the Finance Committee for their commitment, interest and dedication in scrutinising the general principles of this important bill. I also thank the Government for its feedback on the committee’s report, which has made the Government’s position clear on a number of the committee’s concerns.

As a result of the bill, the Scottish ministers will become the tax authority for the purposes of the Scottish landfill tax. That is a great step forward. I have confidence in the ability of the Scottish ministers and their staff to take responsibility for the Scottish landfill tax as well as for other important taxes such as the Scottish rate of income tax. The bill enables ministers to make an order to designate another tax authority, and I welcome the move by the Cabinet Secretary for Finance, Employment and Sustainable Growth to set up a new body, revenue Scotland, as Scotland’s tax authority for devolved taxation. Revenue Scotland already exists as an administrative function within the Government, and the Government has been consulting on provisions to establish it on a statutory footing.

The Government has indicated that it intends that the administration and collection of the Scottish landfill tax should be undertaken by the Scottish Environment Protection Agency on behalf of revenue Scotland. Landfill tax administration and collection would become a new function for SEPA, which already visits and inspects landfill sites as part of its environmental regulation duties. That would offer significant advantages for the Government. The existing knowledge and considerable expertise in SEPA will create opportunities for significant efficiencies and other operational benefits in relation to the administration and collection of the Scottish landfill tax. I therefore support the Scottish Government’s intention to have SEPA in charge of the administration and collection of the tax.

Although I give full support to the general principles of the bill, I draw the Parliament’s attention to two areas of concern. First, I believe that one further waste exemption could be considered. Part IIA of the Environmental Protection Act 1990 states:

“If no person has, after reasonable inquiry, been found who is by virtue of subsection (2) above an appropriate person to bear responsibility for the things which are to be done by way of remediation, the owner or occupier for the time being of the contaminated land in question is an appropriate person.”

That means—I think—that individual property owners might end up footing the bill for contaminated land remediation through no fault of their own. There are live examples of individual householders who have been charged vast sums for the remediation of contaminated land.

In the Cabinet Secretary for Finance, Employment and Sustainable Growth’s statement to Parliament on 7 June 2012, he described four principles that underlie the Government’s approach to taxation and he reiterated them today. They are certainty, convenience, efficiency and that the tax is proportionate to the ability to pay. It is that final principle that I believe is relevant here. My suggestion is that consideration should be given to including in the bill a measure to allow for the costs of contaminated land remediation to be waived if an individual property owner is found to be on contaminated land, has in no way caused the contamination but yet has been unfortunately designated the status of appropriate person because of the lack of someone being found who actually caused the contamination. By putting such a measure in place, the Scottish Government would ensure that its principle of taxation being proportionate to the ability to pay is adhered to.

The second concern relates to the committee’s suggestion that there should be a lower rate of tax on island waste, for materials for which there are never likely to be viable recycling or recovery routes. Although the Government has made its position clear on that, I still believe that a review of the issue could be carried out. In Shetland, Enviroglass provides a local solution for Shetland’s waste glass by recycling all the glass that is collected by the local authority through its bottle banks. That has been essential in minimising the financial and environmental costs that shipping glass to mainland UK for recycling would incur. However, not all island communities are fortunate enough to benefit from such a scheme and a review could help to find alternatives for the islands that lack the means to cheaply recycle waste materials.

A final aspect of the bill that I will speak about relates to the Scottish Government’s zero waste agenda, which is an ambitious programme of change that aims to create an environment in which we make the most of resources and minimise Scotland’s demand on primary resources. That is to be achieved by maximising the reuse, recycling and recovery of resources rather than treating them as waste. The Scottish landfill tax will play an important role in maintaining the economic stimulus that is required to harness those waste management opportunities and in directing the Scottish economy towards a prosperous future with secure access to resources. By doing so, Scotland could follow the great example of its Nordic neighbour Sweden and make productive use of waste that would otherwise build up at landfill sites.

We must ensure that environmental organisations continue to be supported by the landfill communities fund. The Scottish Wildlife Trust, for example, has received £3.6 million to date, which has helped it to develop and manage essential environmental and community projects.

The Landfill Tax (Scotland) Bill is a good and valuable piece of legislation. It does what it is supposed to do: it provides legislative provisions for a Scottish landfill tax to replace the UK landfill tax regime. It provides the Scottish Government with real power to take important decisions on a crucial area of taxation and makes use of the experience and expertise of the Scottish Environment Protection Agency. It is conducive to the Scottish Government’s zero waste agenda as we look to greener energy alternatives. Therefore, I support the general principles of the bill.

BLOG: The Finance Committee Budget Votes

A number of press outlets have carried a story regarding a vote that took place at the Finance Committee last Wednesday. As reported, I did vote against an SNP amendment to our Committee’s budget report that would have explicitly supported the budget; however, I also voted against an opposition amendment that would have explicitly condemned the budget, a fact that seems to have somehow been missed out by the media.

The Committee system, in common with the Parliament’s original ethos, was designed to engender consensus and to encourage co-operation among MSPs regardless of their party affiliation. Holyrood’s Committees are also intended (perhaps optimistically) to be the yin to the Chamber’s yang, allowing thoughtful debate free from the partisan point-scoring that can, on occasion, take place in the Chamber.

The Budget Report, so ably distilled into a concise document by the Committee’s staff from the hours of expert evidence taken by the Committee on the impact of the Government’s proposed Budget, is a fair and balanced analysis of the Budget. It recognises that there are a range of opinions on the strength of the Budget, praising it where it deserves to be praised and offering constructive suggestions for change or further thought where the Committee considered that would be useful.

It’s a report that I am proud to put my name to, and that I was determined to keep clear from any amendments which would seek to change the spirit of the Report for pointless political point-scoring without any empirical evidence to back them. Michael McMahon, whose scrutiny has been an asset to the Committee, unfortunately put forward an amendment seeking outright criticism, an amendment that could not be backed by any interpretation of the evidence. To counter this, John Mason, who has been an able and thorough Deputy Convener of the Committee, put forward an amendment offering outright praise, which would also not have been fair given the evidence taken by the Committee.

In both instances, I voted to retain the original Report. Had the Report been altered by either amendment, it would have been difficult for the whole Committee to agree to support the Report, which would have been incredibly damaging and only added to the partisan cloud hanging over Holyrood these days. I’m delighted that the original report was wholeheartedly endorsed by the Committee, and hope that this consensus can be built on in the New Year.

Statement

As many of you will know, I have resigned from the Scottish National Party due to its change of policy in relation to NATO membership post-independence. I will continue to sit in the Scottish Parliament as an independent MSP for the Highlands and Islands.

I would like to make it clear that I remain fully committed to securing a Yes vote in the independence referendum in 2014, and that I will continue to support the Scottish Government on most issues.

For the time being, I will continue to be a member of both the Finance Committee and the Equal Opportunities Committee, and will maintain my involvement in a number of cross-party working groups within the Parliament, including the Crofting Cross-Party Group of which I am Deputy Convener.

I would like to thank those who have been in touch to offer their support and advice, particularly those from the Highlands and Islands who I have been so proud to represent since May 2011 and anticipate serving as one of their MSPs for the rest of this parliamentary term.

I look forward to hearing from many more people across the region in the months and years to come and to working with them to make Scotland a fairer, more prosperous and more peaceful nation.

Jean Urquhart