Common good - Confusion leads to calls for change in the law

Where in the town do you think common good money should be spent?

FORRES’ COMMON Good estate is a hotly debated topic.

It is the collection of assets which belong to the town because of its status as a royal burgh. By law, these have to be used for the common good of the town’s population but, the rules governing how this is defined are extremely old and complex.

Although the estate belongs to the town, it is administered by Moray Council’s 26 elected members from across the district. This state of affairs has provoked much discussion from bodies such as Forres Community Council.

These legal complexities surrounding the estate are a result of the long history of common good.

CONSULT

The phrase ‘common good’ was first used in the 15th century in relation to lands granted to burghs by Scottish kings.

No law has ever been passed defining common good, making the definition of what the estate can be legally used for hard to determine. Indeed, an Act on the subject passed by the Scottish Parliament in 1491 is still technically in force.

Another issue surrounding the legal use of common good estates is that much of the understanding of the subject comes from verdicts of early 20th century court cases rather than formal legislation.

In Forres, the estate was administered by town magistrates until the 19th century when Forres Town Council took over this responsibility.

In 1975, town councils were abolished across Scotland. Members of these bodies were given the choice to either create a trust to administrate common good assets or pass on the responsibility to the newly formed district councils.

Forres opted for the latter, and the newly formed Moray District Council took responsibility for the estate.

Following further local government reorganisation in 1996, Moray Council took over this function.

All 26 members have a vote on any decision made about common good assets in Forres. They are expected to consult with Forres’ four members – Lee Bell, Lorna Cresswell, Jeff Hamilton and Irene Ogilvie – and vote according to their recommendations but they are free not to do so.

There have recently been calls to change laws relating to common good because of this confusing situation.

Andy Wightman, an Edinburgh-based writer, is one of the leading figures in this campaign.

He has called for a new act which would give a definition on what common good is, allow communities to form trusts to take control of estates from councils and provide a greater role for community councils in overseeing the use of assets.

"The most important thing in any new legislation is that it would clarify common good and give communities the chance to take it back," he said.