Searching for Empowerment in the Community Empowerment Bill

The proposals that have been outlined in this final consultation fail to deliver on the claim that this bill will be “potentially the biggest transfer of power since devolution, transferring power from central and local Government to Scotland’s communities.” Reading through the consultation was a dispiriting experience. I’ve been optimistic about the bill from the start and a cheerleader within SCVO for its potential. Whilst recognising that legislation is not the best route to empowerment, I’ve always felt there were legislative routes worth pursuing.

Sadly, even the most cynical person couldn’t have predicted the absence of empowerment in the Community Empowerment Bill.

Sadly, even the most cynical person couldn’t have predicted the absence of empowerment in the Community Empowerment Bill. What we have been presented with is a document stripped of many of the interesting ideas put forward in initial consultations, while those that remain are watered down and compromised. As an example, let’s look at Asset Transfer. This is the idea that communities should be able to buy or manage public sector land, buildings and other assets if they have an interest in them as a community. An example would be when a village comes together to buy a community hall from the local authority. The legislation could have made it law that if a community puts a viable proposal forward, the council has to sell to that community. Instead, the legislation only provides a ‘right to request’ a transfer. This just formalises something communities already can do, and ensures all the decision making power is retained by the public body. The section devoted to proposals for Strengthening Community Planning is also uninspiring and has little to do with empowering communities. The proposals outlined are public sector priorities that are concerned with tightening up procedures and imposing duties – not what we wanted to see from this Bill. On the positive side, the land reform element offers a tangible link to empowerment. These proposals could work well because it links to financial backing from the Scottish Land Fund and political commitment provided by the target of one million acres in community ownership by 2020 – so, with any luck, we might see increases in community ownership of land as a result of this Bill. However, even with the positive element of land reform, it is clear that the general direction of this bill has shifted. Local authorities and other public bodies have exerted their influence and successfully opposed any real transfer of power. This has resulted in the offer to communities becoming little more than a few patronising ‘rights to request’. This isn’t good enough and won’t be accepted by many in the third sector. This bill should be about self-determination and participation, giving people meaningful control of their lives and the decisions that affect them. Our expectations were raised and valuable time and energy were expended on this bill. The government must now show courage, make good on its promises and give some real powers to communities.