The Moment Approaches

1st May 2007

The years of wasted effort since 2000 are drawing to a close. That is if the historic Scottish Executive is sent packing this Thursday

Yet the politicians have not managed to stop a significant MSP effort to break the Barrie "Road Block".

Through the probing amendment activity, the Barrie High Hedges consultancy stage has been completed and the Petitions Committee have renewed their backing to ensure that the campaign for legislation is alive post May 3rd. - whatever the outcome.

Undeniably the procrastination shows the now historic Lab/Lib.Dem pact as having had a disgraceful disregard for those under abuse from vindictive or uncaring high hedge and tree growers. They did nothing to assist Scott Barrie who, perhaps too willingly wielded the Labour Whip under Executive instruction.

His claim to have the "stripes on his back" for his association with the High Hedges(Scotland)Bill have been nothing compared to those he had offered to support but was unable to muster anything that could be described as credible.

Little by little however hearts and minds have been changing with high hedge and tree disputes no longer being trivialised in the press.

MSPs are generally now aware that vindictive deployment of hedges and the legality of such abuse requires addressed - four years after Westminster Legislated in England and Wales. Conservative, SNP and even a Labour probing amendment broke the "road block" but revealed that there had been no intellectual consideration within our Parliament only too bitterly rubbed in by the Executive mantra which did not appear to recognise that complainants had fought in the English Campaign and were enfuriated by repeated platitudes and mantra somokescreens.

Well now this abuse from the Executive has been slotted in to the Scottish awareness of cynical top down politics blocking a fair route to legislation.

The chickens are coming home to roost big time

Let it be known that the Scothedge Campaign is not going away despite doing the work undertaken by Scott Barrie.

Our Parliament is not owned by a political clique - it is our Parliament. The New Parliament must assuredly legislate to end the injustice of problem hedge owner immunity.

HALLELUJA !

28th JUNE 2006

For the first time in the seven year campaign we have a lodged Bill/Amendment.

Today, John Home Robertson MSP for East Lothian, lodged a "High Hedges" amendment to the Planning Etc.(Scotland) Bill

This is only the beginning and may yet be rejected by the Communities Committee or the Scottish Executive

The Scothedge campaign must now ensure that the final Bill meets our requirements which are already in the hands of J.H.R. A meeting is being planned for September to further this end. We look forward to meeting John Home Robertson to contribute to the development of a good Scottish Bill with the help of Dave Petrie MSP and his colleagues.

THE PHOENIX RISES

27th JUNE 2006

A productive meeting this morning at Holyrood,the Scothedge team outlined an alternative approach to nuisance boundary plant problems to the substantially flawed Westminster legislation of 2003.

The possibility of submitting an amendment to the Planning Etc.(Scotland) Bill first may fall to John Home Robertson MSP. Should this appear imminent then strong representations will be made that this should generally accord with the Scothedge Guidelines. Should the John Home Robertson initiative appear not to be viable, then Dave Petrie MSP is doing the spadework to submit an amendment of his own subject to the availability of adequate time for the Communities Committee to consider this amendment.

To summarise, there are now several initiatives seeking amendment of the Planning Etc.(Scotland) Bill. The rapidly approaching May 2007 election is providing a fertile focussing of minds which will work to our advantage.

From the Scothedge standpoint, the frustrations of a one MSP liaison has been ended with a very business like support from Dave Petrie MSP and his team. This new opportunity has been augmented by a considerable strengthening of the Scothedge Committee to assist proper conception of new legislation.

NEW BEGINNINGS ?

15th JUNE 2006

A new initiative by MSPs to bypass the road block in High Hedge Legislation is perhaps,at the starting gate.

It is too early yet to be specific. Meetings in the land behind the Mirales sticks have brought together an alternative option to the status quo.

A more communicative channel seeking a better Bill for Scotland may soon open up to show that our Parliament can respond to the unfair and sometimes vindictive deployment of damaging herbage close to residential boundaries.

LEGALISED THEFT OF AMENITY AND DISREGARD FOR THE MISERY AND STRESS FORCED UPON INNOCENT RESIDENTS DEVOID OF PROTECTION IS WILD WEST CIVILISATION WHICH NEEDS ACTION FROM THE SCOTTISH PARLIAMENT FAR BEYOND THE DISGRACEFUL HISTORY OF THE LAST TWO PARLIAMENTS. SOMETHING IS SERIOUSLY WRONG IN THE HOLYROOD ENCLAVE TO SUSTAIN THIS INJUSTICE AND TO IMPOSE UPON THE VICTIMS THE INDECENCY OF FAILED PROMISES.

Armed with the Scothedge survey of boundary plant abused will move up several notches. As usual it is the victims who have to persuade their representatives to do their job.

ANGER GROWS AS HIGH HEDGE AND TREE THEFT OF AMENITY CONTINUES WITHOUT LEGISLATION

17th MAY 2006

Is it the reality that the Scott Barrie Bill will never be lodged ?

Following some six years of backing by Scothedge, MSPs and the Executive, anger is mounting that a Bill has yet to be lodged. Within a shorter period Westminster launched three Private Member's Bills and then legislated through the 2003 Anti-Social Behaviour Bill.We are now coming to the end of the 2nd Parliament since Jim Wallace announced that legislation was needed.What on earth is going on ?

There is anger and resentment that no proposals have even made it to the pre-requisite Consultancy Stage despite support by the Petitions Committee(PE497). Indeed within days of their conclusion of interest after being satisfied that a Consultancy Stage launch was imminent(and agreed with Scothedge), the Consultancy Stage of May 2005 was cancelled and we remain no further forward despite vague assertions that an amendment to the Planning Etc.(Scotland)Bill, there are grave doubts that the lodgement window will pass without a competent Bill being presented.

Worse still there is a growing feeling that problem lies in the competence of the process and that those facing Hedge Owner theft of their fair share of this planet will remain unprotected against dominant hedges and trees being indecently grown without any regard for community equity. When garden fences, satellite dishes and even the slender flagpole may invoke Planning Department attention, how can our legislators see homes devalued by close proximity high hedges built from aggressive trees such as the Leyland Cypress ? Affected residents are forced into personal contention in a battle which they have to win without any statutory guidelines or protection. This is a primitive,dark ages fight against highly empowered hedge warlords where the affected party is forced to fight, sometimes to the death.

All this is known by our MSPs who await the appropriate Bill which never arrives. WE CANNOT AFFORD TO MISS THE PLANNING BILL AMENDMENT WINDOW.

In last month's membership survey 45% of the respondents claimed an abusive response from the hedge owner. This atrocious and indecent usurping of residential amenity has gone on far too long without any legislation. There is now real anger with the realisation that the Barrie Bill has never been lodged after many years of failure to meet proposed timescales. Communication with the Scottish Parliament and MSPs inevitably is referred back to the Bill proposer and there the matter ends.

"Il foreste di Birnamo si movere". Anger and resentment will bring disaffection and disrespect. The bright dawn of the Scottish Parliament looks pretty like twighlight to the high hedge abused as yet another Parliament approaches its end.

English High Hedges Legislation failures show Scotland must do better !

12th April 2006

To those who fail to appreciate the benefits of Scotland having her own legislative body at Holyrood, it may be salutory to consider the shortcomings of high hedges legislation enacted by the denizens of Westminster.

In effect high hedges cannot be chopped if they are so high that the required remedy might kill them. Thus the act only deals with minor problems and misses the main mass of high hedge problems which have grown over the years as Leylandii have reached for the stars.

With hundreds of Local Authorites translating the "guidelines" to suit their own perceptions and being able to charge anything they like for arbitration and a flawed statute, it is not surprising that the bitterness of the hedge afflicted is now firmly directed towards Westminster. Hedgeline is very disappointed but can be satisfied that at least the High Hedge problem is acknowledged. The problems will be resolved but the poor legislation has delayed fair resolution of very indecent high hedge deployment.

The Scottish Committee system has very distinct benefits when it comes to legislation by being accessible to constituents throughout the legislative process which should enable the Westminster chaos to be avoided

Specifically Scotland can avoid the complexities of the Westminster mess by giving Local Councils a counselling role with the ability to call in a single arbitration team should a hedge owner reject guidelines as to the suitability of a high hedge considered as a man made structure within common Planning Department constraints.

SCOTLAND HAS THE POWER TO SOLVE THE HEDGE PROBLEM AND HAS THE SOCIAL AWARENESS TO BYPASS THE WESTMINSTER INHIBITIONS. THE SCOTT BARRIE AMENDMENT TO THE PLANNING ETC(SCOTLAND)BILL CAN PROVIDE SCOTTISH RESIDENTS WITH FAIR RESOLUTION WHERE HIGH HEDGES NEGATE COMMUNAL PLANNING DECENCY.

Planning Bill Accelerates

10th March 2006

Despite our Parliament leading a nomadic life having nearly wiped out the Conservative MSPs when the roof caved in,the Planning Etc.(Scotland)Bill 2nd Stage has apparently been brought forward to mid-June.

The High Hedges(Scotland) Amendment proposers will have to persuade COSLA that Local Government can implement the provisions of High Hedge Legislation by then.

With the legislation already being implemented by the English and Welsh Local Authorities,it would be unfortunate if Scottish Local Government shows hesitation in supporting Sottish dwellers suffering from unfair high hedge domination.

Rather than being seen as a punitive measure, the High Hedges provisions should enable Local Government to provide a welcome service to establish equity in the matter of hedges which breach the sensible constraints upon structures such as garden fences.

Planning etc (Scotland) Bill may solve high hedges problems.

17th. December 2005

In an unexpected turn of events, it appears that there may be a home for the Scott Barrie Bill within an amendment to the Executive Planning etc.(Scotland) Bill.

Introduced on 19th. December 05, the Planning Bill has taken interest in Tree Preservation orders and there is a proposal supported by a group of MSPs and Scott Barrie, to encapsulate his proposals in an amendment when the Bill passes into its Second Stage

This is is a similar process to that taken at Westminster when MP Stephen Pound's Bill was attached to the English Anti Social Behaviour Bill as an amendment

The timescales of this move are linked to the progress of the Planning etc.(Scotland) Bill which deals with many weighty Planning issues. However, if the amendment is accepted it will remove the need for the Private Member's Bill which has yet even to be lodged after half a decade of campaigning.

It seems appropriate that this is a passing bus with an "Executive" driver which we should jump on board with some enthusiasm. Such an opportunity may not occur again. A Bill in the hand is worth two in the hedge !

IT IS A LONG LONG TRAIL --

8th. December 2005

As the final days of 2005 approach it is clear that yet again we are left with nothing but a trail of failed expectations despite meetings which foretold success just around the corner. 2004 saw Scott Barrie's Bill fall when the rules of the Parliament were changed. This year we were actually invited to support a consultancy launch date in May which vanished like a mirage as we prepared to descend upon Holyrood to render support the media hype to publicise the launch of the consultancy stage. Unbelievably no sooner had the Petition Committee deemed it safe to assume that the Bill was on its way, the progress stopped dead, supposedly for a few days to allow the Bill to be "tartanised" and COSLA concerns dealt with.

These small hitches have now remained unresolved for some seven months and expectations that we would have sight of the new Consultancy Document within a few days of our last meeting at Holyrood in November are already looking as shaky as every previous assurance of imminent Consultancy launch.

This is deeply disturbing when we know the depth of our MSP support and are told that the Executive is "assisting" the drafting of a viable Bill.

Scott Barrie is well aware and sympathetic to the deep frustration and rising scepticism in the High hedge abused fraternity in Scotland.This scepticism and frustration is shared by the representative team who have listened time and time again to statements that everything was about to happen and yet we are still only dealing with the proposal of a single MSP which has yet to become a lodged Bill.

Clearly that is not at all satsfactory, evidenced by the years it has taken to draft what is basically a simple enabling Bill to be refined by "Guidelines". Despite at least three Bills sabotaged by wrecking amendments, England and Wales legislated in 2003.Two years later we have not even reached the starting blocks.

The Holyrood process cannot be destroyed by wrecking amendments. However it seems that the prerequisite consultancy conditions make it necessary for the requirements of Local Government to be met before any attempt to address the High Hedge misery can be set in motion. Scots Law concerns appear also to be a confounding factor despite the law having been the key weakness in the hedge dispute saga.

Why these realities should suddenly appear within days of an announced consultancy launch last May surely begs many questions of our legislative process.It is apparent that there is likely to be very stormy seas ahead when we try to ensure that we get the better Scottish solution which we are told is to be the aim of our Scottish High Hedges Bill. The huge time taken for its gestation must indeed provide a gold plated version of a Bill published at Westminster well over two years ago.

We require to avoid the uncapped fees for calling in the arbitration service.A minimal flat rate is preferred. We need the party which fails the arbitration to pay the fee in its entirety. Only in that way can refusal to negotiate be penalised and the negotiation have any commitment by both parties. Should trimming make a high hedge die, then that should not be a reason to refuse removal of the loss of amenity caused by virtue of the hedge height. There may be legal difficulties where the need is to restore a cherished view.We need deciduous hedges to fall within the remit of the arbitration service. This is a matter for the "Guidelines" presented to ensure a commonsense outcome based upon what is reasonable rather than what is risky in Law. It is the Law which has been largely responsible for the serious nature of hedge disputes and if the Law can ruin commonsense, which we all know is almost a way of life when the courts are used, then the law must be changed so that its desperate unfairness can be kicked into touch.

So what does 2006 offer. Scott Barrie tells us that he is confident that his Bill will be lodged and considered in this Parliament.The sad history of 2002, -2005 suggests that we are already running out of this option.

Yet to his credit, Scott Barrie has researched the High Hedge problem well and continues to work with the Executive to achieve a realistic Bill. Until this Bill is lodged and becomes the responsibility of the Parliamentary Bureau, there is no process with which we can communicate or negotiate with.

The absolute priority must be getting the three month consultancy completed and the Bill lodged.

TO THIS END IT IS APPROPRIATE THAT ALL WHO REQUIRE RELIEF FROM THE MISERY OF UNFAIR HEDGE ASSAULT SHOULD IMMEDIATELY WRITE TO THEIR MSPS TO THANK THEM FOR THEIR APPRECIATED SUPPORT BUT REQUESTING THAT THEY USE THEIR BEST OFFICES TO ENSURE THAT THIS UNACCEPTABLE SLIPPAGE IN THE HIGH HEDGES(SCOTLAND) BILL IS BROUGHT TO AN END.

To end in positive ground. Scothedge organiser James McDougal received unanimous support from the Association of Scottish Community Councils at a metting in Pitlochry in November. They passed a resolution to the Scottish Executive requesting legislation at the earliest opportunity. I have it on good authority that the A.S.C.C. administration has more than one staff member very much committed to the Scott Barrie Bill.

2005 has been desperately frustrating having been told that it would probably all in the bag by now. The sense is still that we are getting close and that later rather than sooner we will have our Bill. Many MSPs keep offering encouragement but it is time for them to make an effort to ensure that the consultancy starts and we have a Bill in progress to work with.

Finally I wish everyone who reads these pages the very best for Xmas and a responsive New Year from the denizens of the Scottish Parliament.

WHY ARE WE WAITING?

12th. November 2005

A recent press editorial accused the Government of facism by the imposition of NO SMOKING regulations. Similar wrongheaded comments have described High Hedge legislation as being interference in the freedom of hedge growers by unwarranted Government interference.

As we resume dialoge with Scott Barrie it is important to clarify that it is "we the people", as is the case in smoking, who are asking for relief against something being imposed upon us which we do not like and are exerting our democratic rights in order to gain relief from an imposed indecent and unfair treatment by a minority of hedge owners.

Whilst the theft of amenity by a Leylandii Hedge brings severe penalties, it is no less the case that a neighbour imposing a high structure along a property boundary is assuming that the resident on the other side of the boundary is of no consequence and deserves no say in the matter.

In civilised society planning regulations ensure an impartial and community view predominates over vested interests. Regardless of whether legislation is in place it is clearly an afront to decent behaviour if a hedge owner does not at least understand the duty of care when exercising the freedom to plant a hedge.

In most cases hedge owners will be sensitive to those on the other side of their hedge but there remain a significant number who are so absorbed by self interest that they behave abominably and cause great misery to their unfortunate neighbours who happen to share this planet with them.

Seeking Local Government authority and requirement to arbitrate high hedge disputes removes the casting vote from either vested interest and allows a decision as to what is reasonable to be impartially enforced.

The Scott Barrie MSP High Hedges(Scotland) Bill, benefitting from the experience of similar experience in England and Wales, will not require to be invoked in many cases where its existence simply stops indecent hedge owners from the perception of impunity and therefore denying the complainant a basis for negotiation. As I understand it, the provisons will not call for removal of hedges but simply require them to be reduced in height to remove a problem confirmed by third party arbitration.

This can hardly be described as facism or interference by a "nanny state".It is a civilised means to tackle a serious and anti-social disregard of neighbours who currently have no recourse to domestic fairness and justice with disastrous impact upon neighbourly relations and the quality of life for both parties.

This reality has been recognised by a substantial majority of MSPs and the Barrie Bill is being assisted by the Scottish Executive. It is however very frustrating for Scottish High Hedge complainants to continuously experience slippage in the legislative process of the Private Member's Bill process over 5-6 years of seeking fair even handed protection.

THE SIGNS ARE HOWEVER THAT THE CONSULTANCY STAGE, WHICH IS A PRE-REQUISITE FOR THE LODGEMENT OF THE HIGH HEDGES(SCOTLAND) BILL, IS APPROACHING. THIS TIME IT MUST HAPPEN IF THE SCOTTISH PARLIAMENT PROCESS IS TO REMAIN CREDIBLE TO THIS SECTOR OF THE SCOTTISH PUBLIC NOW DENIED LEGISLATION AVAILABLE IN ENGLAND AND WALES.

THE BALL IS IN BARRIE'S COURT

6th. November 2005

In answer to a question from Kenneth Mackintosh MSP last week, Finance Minister Tom McCabe responded with the usual mantra that the Scottish Executive were unlikely to propose a High Hedges Bill in the foreseeable future. It was up to Scott Barrie MSP to propose his Bill whenever he felt it appropriate to do so, or words to that effect.

I URGE EVERYONE WHO IS SUFFERING FROM THE INDECENT INCONSIDERATION THROUGH ABUSE BY HIGH HEDGE TO WRITE TO THEIR MSPS EXPRESSING ANGER AT THE LACK OF PROGRESS TOWARDS THE LAUNCH OF THE HIGH HEDGES(SCOTLAND)BILL.

Scottish residents are having their living environment stolen by indecent and inconsiderate nuisance hedge growers who have no accountability and can therefore refuse negotiation with impunity. The English and Welsh High Hedge statutes are in place. The Executive claim to be assisting Scott Barrie. An overwhelming number of MSPs understand the injustice of abuse by high hedge growers.Westminster proposed some thee Bills within a similar period. Why are we repeatedly let down by slippage in a process which has now gone on for over five years ? Not a single Bill has made it to the Parliamentary Bureau at Holyrood.

TAKING STOCK

17th.October 2005

As an instinctive supporter of the Scottish Parliament I have found the past session the most sternest of tests in promotion of the Scott Barrie MSP High Hedges Scotland Bill.

Meetings with the Bill proposer invariably resulted in naive euphoria only to be replaced with the depressing reality that "this is politics" nothing can be taken at face value. It is hard not to dwell upon the fiasco of last May when Scothedge members had to be contacted to deflect them from supporting an agreed consultancy launch which never took place. It would be sorted out in a fortnight was the advice. Now six months later the best advice we can get is that everything is moving forward. A consultancy paper is being worked up. This after we helped to finalise such a paper in early Spring.

This has been the Holyrood experience from the start of the campaign in 2000, despite helpful support from very many MSPs and an apparently supportive Scottish Executive.

It is little wonder therefore that Scottish Hedge victims now have little confidence in the Scottish Parliament and it's ability to protect residents from unfair theft of their amenity by anti-social high hedge growers whose indecency, indifference and inconsideration have resulted in neighbours facing expense, misery and stress without any legal redress.

With the First Minister getting tough with ASBOs can he not see that hedge growers who blatently over-ride community planning regulations by swamping a neighbour with a massive conifer hedge and refusing point blank to discuss the problems which it causes are showing the same indifference to the rights of others as the lout with the aerosol defacing property with grafitti or trampling through property smashing windows and destroying cars ?

Rights and freedoms carry with them responsibilities which these dispicable hedge louts fail to acknowledge.

We rely upon the Scottish Parliament to enable high hedge victims to seek fair recourse to removal of this selfish blight which predominantly affects the elderly who have retired to their homes on small fixed incomes already threatened by the Community Charge disgrace. Why should a widow live out her final years in a darkened sitting room simply because a neighbour will not trim his hedge ? Why should the home owner with staggering views over the Clyde have it obliterated by the spite of a neighbour who has been refused planning permission for a backland housing development? Why should an elderly pensioner have to hire tree surgeons to manage the branches of a neighbour's hedge trespassing his home entitlement?

It is not a plight to be wished upon anyone to suffer a badly behaved neighbour with no recourse to protection.

Local Authority arbitration based upon fair guidelines appears to be the appropriate remedy which leaves the offending hedge grower the opportunity to see to their responsibilities to the surrounding community without becoming named criminals.

Having substantially acknowledged the havock caused by inconsiderate high hedge growers surely the Scottish Parliament must now ensure the imminent launch of the Scott Barrie MSP High Hedges(Scotland)Bill. Failing to do so will only give proof that we are paying through the nose for an ineffective talking shop.

Personally I know this is not the truth and that little can be done until the Barrie Bill is launched. However the Executive might now bring pressure to ensure that the promised launch suffers no more slippage. Four years of absolute failure is difficult to hide.

Regardless we have received overwhelming support from very many MSPs who must now be getting tired of asking Scott Barrie about progress with his Bill. He at least is working for our cause which he understands well. But promises require to be carried through.

AT LAST AN ENGLISH ARBITRATION COMES GOOD !

The bonfires may be lit to signal an appropriate victory. The neighbours of a pensioner in Gloucester have been given six months to cut their Leylandii.

The 12ft Leylandii block a cherished view of the rolling Cotswolds around the village of North Nibley.

Interestingly the hedge owner had trimmed from 20ft, but the 12ft height still blocked the view.

HOPEFULLY THIS GOOD RESULT WILL ENCOURAGE OUR HOLYROOD LEGISLATORS TO PRESS THE ACCELERATOR TO GET THE SCOTTISH HIGH HEDGES BILL OUT OF FIRST GEAR AND INTO A DISCERNABLE MOTION IN THE RIGHT DIRECTION.

ABSOLUTELY NO PERCEIVED PROGRESS DURING JANUARY

30/1/05

Despite the pre-Xmas meeting with Scott Barrie, there has been no improvement in liaison, no sight of promised draft and no commencement of consultancy.

To say that this is unacceptable would be an understatement following almost four years of second hand information largely from supportive MSPs who have generously jumped the apparent moat between Hedge complainants and the never quite proposed Bills.

This is no longer an acceptable situation considering the advantages available through prior legislation at Westminster

Yet again progress appears to be slipping with no satisfactory evidence of why this should be.

Apparently the High Hedges(Scotland) Bill is supported by the Petitions Committee, The Scottish Executive and a very substantial body of MSPs.

Apparently the holdup is some inability to draft the proposal. This drafting has now taken almost as long as the whole Westminster process through to legislation 14 months ago.

There would appear to be an argument that the Sewel Option should be invoked in order to bypass the lack of ability to even draft a proposal at Holyrood.

PETITIONS COMMITTEE MAINTAINS INTEREST

11/12/04

The Petition's Committee acknowledged that the Scott Barrie Bill had fallen and minuted their intention to ask Mr.Barrie what his plans were for re-proposal of his Bill.

PETITIONS COMMITTEE TO REVIEW HIGH HEDGE PROGRESS

7/12/04

The Petitions Committee will review the progress of Nuisance Hedge legislation in Committee Room 1 at Holyrood, tomorrow 8th. Dec.

Although the Barrie Bill is to be re-proposed following a consultancy stage to start (maybe) in January 05, the stark technical position is that in around 2.5 years there is still no Bill and we are no further on in a legislative sense.

Whilst Westminster has legislated in spite of wrecking amendments, in Scotland the starting pistol has yet to be cocked. The Scottish Parliament has yet to show it's mettle and place a Bill before MSPs

It will be interesting to hear what the supportive Petitions Committee has to say on this lack of progress and the sad failure to offer respite to Scottish residents suffering under high hedge owner inconsideration.

THREE WHEELS BACK ON BARRIE BILL

4/12/04

The Barrie Bill is to be re-lodged in accordance with the new Parliamentary Standing Orders.

The consultancy stage may start in January which may enable a Final Draft proposal to be lodged in early Summer.

The legislators seek to draft a Bill which is reliable under Scottish Law.

18 MSP will be required to re-state their support for the Bill before it can be put before the Parliament.

With the English Bill already on the Statute Books surely devolution will not hold back the relief to those suffering from unfair excessive hedge assault for much longer !

BARRIE'S BILL FALLS !!!

23/11/04

The Standing Orders of the Parliament were amended on 12th. Nov 2004

ALL PROPOSALS LODGED PRIOR TO THAT DATE FELL UNLESS A BILL HAD ALREADY BEEN INTRODUCED

The Scott Barrie Bill has therefore FALLEN !

This has been a decision by the Parliament taken within the last two weeks. It means that the proposed legislation is now no more unless Scott Barrie decides to make a new proposal and obtain MSP backing.

Still no timetable for Barrie Bill ?

11/11/04

It is clear that the Barrie Bill remains in limbo until the Scottish Executive first clears the Bill for pre-presentation consultancy.

Since joining the Scothedge Campaign as Campaign Leader, I wish to thank the many hedge abused for their generous response to my questionnaire.

Based upon the miserable catalogue of hedge grower inconsideration a dossier is being prepared for presentation to MSPs.

Bill apparently lodged with N.E.B.U.

11/10/04

A more specific status for the Bill is as follows:

There is currently a draft consultation document with the Non-Executive Bills Unit. Scott Barrie is hoping that it will be approved and that it can then be distributed. Once that happens there will be a three month consultation period followed by analysis. Only then will the Bill be able to progress to it's first reading.

The distribution of the consultative document will hopefully enable us to see how the uniquely Scottish solution is being presented.

Hopefully the development of the English Bill will ensure that the proposals do not set us back to square one to recreate our requirements again from scratch !

High Hedges(Scotland) Bill Status

7/10/04

Conversation with Scott Barrie's Office claims that the Bill is very much alive and that pre-consultany work is progressing. However it seems likely that no presentation of the Bill will take place this side of Xmas and in fact there is no timetable as yet identified.

Mention in Scotland on Sunday

5/09/04

There was a mention of the English High Hedge Legislation in the "IN BRIEF" section on the rear page of Scotland on Sunday.

Perhaps other hedge abused might take the opportunity to send a Letter to the Editor explaining that Scotland still awaits relief from this terrible injustice ?

The New Parliamentary Session Begins

4/09/04

This session of the Parliament is critical to the Scothedge campaign and the progress of the Scott Barrie Bill.

I have been co-opted into the Scothedge team to lead the campaign from my Edinburgh base in order to sustain pressure at Holyrood.

I would plead with all those suffering from high hedge abuse to join Scothedge if you have not already done so and to make your MSP aware of your hedge problem.

To join you can E-mail me or leave a message in my Guest Book. I will arrange for the application form to be sent to you.

Some Optimism Over Progress with Scott Barrie Bill

18/07/04

It has been rumoured that the Barrie Bill should be presented to the Scottish Parliament next session following a suggested 6 week consultancy effort.

This progress estimate must be considered against the earlier estimates of last March as being the date for legislation however there is an indication that next session will see some movement towards Scotland joining England and Wales with High Hedge legislation.

Early Success for Barrie Bill

18/07/04

The anticipation that legislation will solve the problems caused by inconsiderate hedge growers has been given a boost by the partial removal of an excessive hedge in Balerno.

After two years of a sustained unhelpful stance by the hedge owner, the chain saws, without warning, burst into action to relieve the imposed penumbra of twilight from a neighbour's study.

It is assumed that the intransigence of the hedge owner was broken by the fast advancing probability that his trees would be axed under the power of local authority arbitration.

This should encourage the Scottish Executive to expect the levelling of the legal playing field through the Scott Barrie High Hedges(Scotland)Bill to bring sensible resolution by awareness that excessive hedges may diminish neighbouring properties and will be subject to scrutiny by an empowered arbitrator.

Alternative View

15/07/04

Despite earlier impressions that the Scottish Executive were diffident about the English Local Authority Arbitration solution, I am advised that Scott Barrie will be encouraged to "consider whether the English and Welsh provisions would be appropriate for Scotland"

This appears sensible given the extensive debate afforded to the English Bill in the House of Lords and in the Commons

Parliament Ends Term with no High Hedges Bill Progress

1/07/04

As expected, the Parliament ends it's term without presentation of Scott Barrie's High Hedges(Scotland)Bill. With no timetable announced it appears that hedge victims must remain sceptical about the support given to this Bill.

Perhaps the new Holyrood Building will increase legislation efficiency - but then again ?

The Scottish Private Members Bill Cannot be Wrecked by Single MSP

8/06/04

Advice from the Office of the Finance Minister claims that the Holyrood Private Members Bill is a more straightforward process than its English equivalent. The Scottish PMB cannot be talked out by a single MSP.

This should enable democratic voting to play a decisive part the issue.

Holyrood not convinced about Local Authority Arbitration.

2/06/04

In a reply on behalf of Scotland's Minister for Finance and Public Services, it was said that Ministers were not convinced that the provisions in the Westminster High Hedges Amendment necessarily represented the most appropriate means of dealing with the problem in Scotland.

In particular Ministers suggest that other options should be explored than Local Authority arbitration and that other solutions should be sought.

This uncertainty is to be tackled during Scott Barrie's consultancy effort.

It is difficult to immediately imagine why hedges grown in Scotland should be any different than those in England or why Local Authority arbitration might be less acceptable.No doubt the differences will be clarified when the debates eventually take place.

LETS GO ! !

22/05/04

This is a critical period with elections coming up and the move to the new parliament imminent.

Contact MSPs to urge presentation of Scott's Bill or E-mail me with your location and I will contact your MSP advising your support.

SCOTT BARRIE with co-operation of relevant committee hopeful of getting his bill through.

6/05/04

I am advised that the pre-presentation consultancy for Scott's Bill will be quite short and that he is hopeful of getting his bill through with the support of the relevant committee.

Nevertheless now is not the time to let our guard down. Letters to MSPs from hedge victims will help to ensure success.

..

SCOTT BARRIE BILL OBSTRUCTED BY HOLYROOD RED TAPE

16/04/04

Scott Barrie has advised MSPs that he hopes to make more concrete progress in the reasonably near future

It appears that far from making matters straight forward, the 1999 consultation exercise has to be reviewed before any immediate consultancy stage can be initiated. Thereafter a consultancy document is to be created by Scott to be followed by a three month consultancy and only then will drafting instructions be issued which will only result in Executive backing if the Bill " complies with the Executive's policy objectives in this area".

THIS IS THE STAGE OF A BILL WHICH PREVIOUSLY WAS ESTIMATED TO BE PASSED LAST MONTH !!!!! IT NOW LOOKS LIKE LEGISLATION IS STILL AT LEAST A YEAR AWAY.

Scott argues that his Bill cannot be a "tweaking" of the Stephen Pound Bill and infers that he now has to take considerable time to get the legislation right.

WHAT ON EARTH HAS BEEN GOING ON AT WESTMINSTER OVER THE LAST FIVE YEARS ? CANNOT THE SCOTTISH EXECUTIVE SEE THAT THE STEPHEN POUND BILL HAS BEEN THE RESULT OF INTENSE DEBATE AND LONG ITERITAVE IMPROVEMENT ?

WHAT IS CLEAR IS THE SCOTTISH TAXPAYER IS GOING TO BE CHARGED WITH THE ENTIRE COST OF RE-INVENTING THE WHEEL.

IF THIS IS NOT A HORRIBLE INDICTMENT OF DEVOLOUTION WHAT IS ?

..

SCOTTISH EXECUTIVE OFFERS "CONDITIONAL SUPPORT" TO BARRIE BILL

24/03/04

I am in receipt of a letter from the Scottish Executive,Local Government Finance and Constitution Division.

"Scottish Ministers have [also] agreed that Executive officials should work with Mr. Barrie to ensure that his Bill, when introduced into Parliament, meets with the Executive's policy objectives. Full Executive support will be dependent on the Bill meeting those policy objectives."

It seems to me to be an awful waste of money to be starting the process from such a low level at Holyrood when the fully processed English Bill is enacted in the Anti-Social Behaviour Bill (Westminster) following immense debate and optimisation.

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SILENCE FROM HOLYROOD

1/02/04

Very little appears to be happening within the Scottish Parliament with the Scott Barrie Bill remaining stuck as a tantalising "proposal"

In comparison with the English effort, whilst the Scothedge optimism remains firm, there is little to indicate that anything is going on on the Mound to support this.

With the stunning success at Westminster it would seem inappropriate that our parliament is starting from scratch rather than taking advantage of a Bill honed to perfection in the London battles.

THE CAMPAIGN IN SCOTLAND NEEDS THE SUPPORT OF ALL WHO RECOGNISE THE SHERE ANTI-SOCIAL BEHAVIOUR OF A TROUBLESOME NUMBER OF BADLY BEHAVED HEDGE OWNERS

ONCE AGAIN WRITE TO YOUR MSPS TO IMPRESS UPON THEM HOW HIGH HEDGES SHOULD BE AGREEABLE TO NEIGHBOURS AND NOT JUST AN IMPOSITION BY A THOUGHTLESS OWNER ONLY CARING OF HIS OWN PERSPECTIVE.

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LORDS GIVE HIGH HEDGES BILL AMENDMENT THE THUMBS UP.

4/11/03

Hansard excerpts from Anti-social Behaviour Bill Report Stage.

"My Lords, it gives me more than usual delight to move this amendment. In effect, it will introduce a whole new Bill into the Anti-social Behaviour Bill. Rarely can there have been such an occasion in your Lordship's House that has been greeted with such gratitude,delight,enthusiasm and warm support."

"I think that we have a measure on which we have common agreement;there has been endless consultation. We have had too many Bills. The Stephen Pound Bill, which we are putting into the Anti-social Behaviour Bill, is fit for the purpose. It will serve and protect our citizens in the way in which its movers and all those who have supported it in the past seek. I beg to move."

This sentiment was sustained throughout the debate which accepted the Stephen Pound Bill in its entirety as an amendment to the report stage of the A.S.B.B. Hedge growers insensitive to their neighbours concerns will have to consider the casting vote of a local authority mediator if their hedges exceed 2 metres in height and are deemed to obstruct light, restrict access or be otherwise restrictive of the reasonable enjoyment of a neighbouring house and garden.

Scotland will have to wait for new legislation but the acclaimed success in England will assist the progress of the Bill which has been lodged by Dunfermline West MSP Scott Barrie.

HEDGELINE deserve immense thanks for this achievement.

U.K. GOVERNMENT MAKES HIGH HEDGE BILL AN AMENDMENT TO ANTISOCIAL BILL .ACTION AT LAST !

17/10/03

This correctly classes the irresponsible growing of hedges as being antisocial behaviour, when a hedge clearly adversely affects a neighbour.

The Hedgeline team deserve our warmest thanks for this ultimate achievement.

Whilst the Westminster Antisocial Bill will not affect Scotland, this major stage in acceptance of nuisance hedges as an antisocial feature should cause hedge growers who are inconsiderate of their neighbours to realise that they cannot ignore the effect which their hedges have upon their neighbours.

High Hedges(Scotland) Bill ranks fourth equal out of 20 Member's Bills(8/10/03)

Having qualified for presentation on the day it was lodged, the High Hedges(Scotland) Bill was ranked by support as 4th. equal in the list of 20 Member's Bills awaiting to be presented before the Scottish Parliament at 8th.October 03.

This is a worthy success by MSP Scott Barrie and the Scothedge branch of Hedgeline.

26 MSPs from all over Scotland and belonging to all the main parties including some independents have put their names to the Bill.

It remains for the Scottish Executive to show their avowed support by enabling presentation at the earliest opportunity. Hopefully this Executive support will not be as vacuous as the Westminster statements over the last years which still spin in their orbit.

Provence's famous cypresses face the axe(19/12/02)

In an attempt to check an epidemic of respiratory complaints, Provence's Cypresses have been declated a health hazard.

"They make magnificent,thick hedges that give a feeling of privacy, but we want householders to replace them with other local trees. NEW HOUSEHOLDERS SHOULDN'T EVEN THINK OF PLANTING THEM.Allergies are particularly harmful to young children and older people."

More

List of supporting MSPs growing --- (25/9/03)

The list of MSPs who support Scott Barrie's Bill has increased since the 19th. Sept by a further three MSPs.

Details can be obtained from the Scottish Parliament Website at:

Parliament Business

Scottish Executive Cannot Find Time -- AGAIN!!(19/9/03)

It is very disappointing to read a response from the Scottish Executive to a question from Dundee East MSP,Shona Robison.

"It has not been possible to include a bill on high hedges in the Executive's legislative programme for this parliamentary session.

However, Scott Barrie MSP has submitted a bill proposal to provide local authorities with the power to deal with complaints regarding high hedges.We have had some initial discussions with Mr Barrie and the Executive supports in principle the introduction of legislation on this matter".

Comment

From the account of this response, it is not clear whether the Executive simply cannot present a Government Bill or whether they are not making time for Scott Barrie's Private Member's Bill.

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MSP Supporters of Scott Barrie Bill (17/09/03)

Gratitude is due to the many MSPs who have confirmed their support of the High Hedges(Scotland) Bill.

Details can be obtained from the Scottish Parliament Website at:

Parliament Business

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Scottish Daily Mail 9th.September 2003

Scottish Political Editor Eddie Barnes writes to announce the expected progress with Scott Barrie's Private Member's Bill.

The U.K. Parliamentry support is underplayed. Stephen Pound's Bill had almost unanimous support being destroyed by wrecking ammendments.

Those who might deride legislation in this matter should be aware that the bitter strife comes almost entirely from the unlevel statutory playing field which places the victim in the role of suppliant when trying to persuade a hedge owner that his hedge is trespassing upon his property and diminishing his environment.

Scott Barrie Bill lodged with formidable support. 3/9/03

The Scott Barrie Proposed High Hedges(Scotland)Bill was lodged on 5th.September 03 with comprehensive cross party support from nineteen MSPs.

Return of Parliament September 2003

With the resumption of the Westminster and Holyrood parliaments, it is hoped that the respective executives will honour their respective pledges to support Nuisance Hedge legislation.

In Scotland we await the first reading of Scott Barrie's Bill entirely dependent upon the Scottish Executive making available time to table the Bill

As yet there is no scheduling of the Scott Barrie Bill apparent so pressure must be kept up on MSPs to encourage progress.

LORDS 18th. JULY

Baroness Gardner of Parkes gets agreement from the Lord's Ballot Office to table a "Nuisance Hedge" amendment to the Government Anti-social Behaviour Bill on Monday 21st July.

WESTMINSTER 12th. JULY

Birmingham MP requests that Peter Haine discusses how best to get the High Hedges Bill on to the statute book.

Peter Haine replies:

“I very much agree with the points that my hon. Friend makes. It was scandalous that the Conservatives talked out that Bill and I will certainly consider any opportunity to resurrect it, because all Labour Members recognise that it is an important issue to address.“

Peter Haine MP is Leader of the House.

WESTMINSTER 11th. JULY

As expected Stephen Pound's Bill could not progress through lack of time.

Stephen attempted to get the Bill through "on the nod" but an objection forced continuance on 14th. November after the Summer recess.

WESTMINSTER 4TH.JULY

The Report Stage was continued on 4th July for a single minute which was entirely taken up by C.Chope's agenda including these amendments

• This Act shall not apply to any land situated within a rural area.
• Nothing in this act will apply to a hedge situated within 3 metres of any public highway.
• Nothing in this Act shall apply to a hedge growing within the curtledge of a school or other educational establishment.
• This Act will only apply to hedges which were planted or otherwise came into existence after commencement of the Act.

It can be seen that hedge victims not meeting these amendments would simply lose any protection from the proposed legislation. Indeed the final ammendment would remove protection from all current complainants and delay any application of the Act until the first newly planted seedling became a nuisance hedge !

Fortunately these amendments are likely to be rejected as were the amendments put to division on 20th. June.

It being half past two, the debate stood adjourned to be continued on Friday 11th July.

COMMENT

In February 2002, the Noble Lord Filkin did his best to explain years of delay in bringing in Nuisance Hedge legislation with these utterances:

"It is a pity that the Bill was talked out in the previous Session.There was clearly a filibuster with 100 amendments tabled on Report which made the Bill fall just before the election."

His remarks referred to a blocked Bill in 2001 where a small Conservative clique thwarted a cross party supported Conservative Private Member's Bill.

Now in June 2003 exactly the same filibuster by the same clique has been permitted to once again thwart the otherwise smooth passage of, Labour MP, Stephen Pound's Bill, to disregard strong support. Calling two divisions and only achieving one vote apiece shows just how outrageous was the tactic.

It would be perfectly reasonable to argue that whilst this appalling behaviour is being used to kill off Bills, that there is no alternative but for the Government to respond by making the Bill their own and making use of the Whips. To do anything less would let the bullies win using the same logic as the minority of nuisance hedge owners. Might is right and to hang with anyone else.

This bitterly cynical disregard for the democratic process, has wasted the time of hundreds of well meaning people who have taken the trouble to use Parliament responsibly and has incurred huge expense in the preparation of Bills and in their due debate.

One route which is apparently available to them is to accept the Lord's Bill dealing with Nuisance Hedges which I am informed would take up about five minutes of the Government's business.

In Scotland, the Executive have taken about three years to almost offer time for legislation and may start the Private Member's Bill process in Autumn 2003.

This is an opportunity for the Scottish Parliament to establish it's benefit to Scottish residents by moving quickly using the experience of the Westminster debacle. The Scott Barrie Bill is available, the Stephen Pound MP Bill has been meticulously prepared. Baroness Gardner of Parkes has yet another Bill which has passed through most of it's procedures.

Hopefully the Executive will rise to the challenge and quickly put an end to the unfair statutory advantage given to hedge owners should they behave like the Conservative clique at Westminster and consider that might is right.