Speech in the Scottish Parliament

9 March 2011

Peter Peacock : It is difficult to know where to start, given the wide array of issues in this extensive, complex and technical bill.

While the cabinet secretary was speaking, I was thinking that when he comes to write his book about his experiences in Government the chapter on how he steered through this important bill will show that this was a high point in his political career.


Richard Lochhead: Will you be buying the book?


Peter Peacock: I do not think so, but I will be delighted to receive a signed copy free of charge, when it has been completed.

In all seriousness, the bill is important.

I was delighted that John Scott put his reference to the Mohr slip circle—I confess that I was blissfully unaware of the phenomenon until it came up in the committee; I had seen one but I did not know what it was until John Scott explained it—in the context of climate change, because it has been important to consider the bill in light of the changing environment in which we live.

A feature of climate change is the much more erratic weather that we have all experienced. Members who have been here for a long time—I mean on the planet, not in the Parliament—can testify to the climate changes over our lifetimes.

There is a much greater intensity of rainfall than there was when I was a boy.

A consequence of that is that there is more scouring of the land, which the committee heard can give rise to slips of land into reservoirs.

That can lead to overtopping or put pressure on the front of the dam, which in turn could lead to a collapse and endanger human life.

John Scott was therefore right to refer to climate change as an important part of the context in which the bill must be considered.

It is right that Government should take account of such matters and consider whether legislation is fit for purpose in the current times or needs to be updated.

It is very much in such a spirit that the bill was introduced.

As we learned during our evidence taking, many reservoirs were built during the industrial revolution for particular purposes.

For example, water was taken from the top of the hill above Greenock and down through the town to power the wealth-creating mills of the time. Some reservoirs are 150 years old or more.

As Maureen Watt said, the purposes for which many reservoirs were created and maintained have changed over time, and many reservoirs are now used for leisure.

They are largely used for angling, but the diverse habitat that they create is enjoyed by people in their leisure time in a variety of ways.

As the use of reservoirs has changed, so has the ownership.

Many people and many small organisations that have a social purpose find themselves in charge of reservoirs.

The change in the law, which will improve public safety through a risk-based approach, will lead to new burdens on owners.

If everyone who is involved is to understand the implications of the new law, the Government and SEPA must provide a lot of information to owners and the wider public about the changes that are taking place.

There must also be guidance for owners on their responsibilities under the new legislation, so that they can take their responsibilities seriously and try to meet their obligations.

In that context, I welcome the amendments that the Government made at stage 2 and today.

As others said—Liam McArthur in particular—the Government has approached the bill constructively, as has the committee.

The suggestions that were made for improvement were readily picked up and acted upon.

I welcome the fact that the Government listened to the committee and to the evidence that it received and reflected that in changes to the bill.

Like Liam McArthur, I will draw attention to one thing in particular. I was particularly impressed by evidence that we got from a private owner who found himself potentially facing liabilities in relation to the new obligations that he and some colleagues would have, which it would clearly be difficult for him to finance.

That situation would have the potential to give rise to a loss of amenity over time if the reservoir could not be maintained or kept.

Equally, it could give rise to short-term costs that the owner simply could not pay.

The provision that has been included in the bill to give ministers the power, in the right circumstances, to offer grant support to allow people to fulfil their obligations is an important step forward.

I hope that it will not require to be used, but it is important that the Government listened to the arguments about that and made provision for it.

I welcome equally the amendment about guidance.

I lodged such an amendment at stage 2, but the minister improved upon it and brought the matter back to the Parliament.

It will now be part of the coming act.

As members said, the bill is serious.

It is all about improving public safety, better protecting the public and examining the risks that are associated with important reservoirs.

I have every intention of supporting it at decision time because it is the right thing to do

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