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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 31 October 2025
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Displaying 1219 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Really? I will need to send you one, then.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Okay—that is fine. I got one with “COP26” written on it, which was quite cool. It probably peels off after a while, so maybe it is not such a good thing.

Who did you meet at COP26? What kind of people did you go and see?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Who is the landowner in that instance? Who was being accused?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Thank you for your informative contributions. When I looked at the photographic evidence that you submitted, I was struck by example 2 and the brutal-looking clearance of ancient woodland and felling of trees in Argyll.

You say that, having investigated the felling work that was carried out, Scottish Forestry is pursuing a breach of the Forestry and Land Management Act (Scotland) 2018. What penalties are there in the act for that sort of breach? Penalties are often so utterly weak that infringements can be priced in. Some people take the risk of a parking fine: a £30 hit will not massively change their behaviour. What is the current provision for enforcement? When the rules are enforced, what are the penalties? I would like to know more about that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

What is Argyll and Bute Council’s position? Has the council expressed a view on TPOs and enforcement?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Would a fixed-penalty scheme to immediately impose a financial penalty on such an infringement help to drive behaviours better? If there was a beefier or more robust sanction on bad practice, it would probably drive behaviours. As you said, prosecutions are difficult to achieve, so you might end up in a situation where prosecution is hardly a viable sanction and you are trying to close the stable door after the horse has bolted.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

This has been a very interesting discussion, because it is establishing where the balance lies between providing positive incentives for people to undertake best practice in management and ensuring that there are sufficient penalties for malpractice. I will be interested to hear witnesses’ views on where that balance should lie.

The petitioners presented an example from Argyll of a private landowner who had cleared 21m3 of ancient woodland and was reported to Forestry Scotland. An enforcement exercise was pursued, but apparently that has quietly been dropped. The penalty is something like £5,000 per tree felled—I think that that is the level of penalty that is levied. I am concerned that enforcement was not pursued for quite an egregious breach of the 2018 act. Is there a problem with enforcement?

The point was raised about public money being used to clean up other people’s mess. Do we have a perverse situation in which the community is cleaning up for private interests that profit from the land but do not contribute anything to cleaning up their contamination or bad practice?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Do councils enforce tree preservation orders or are they a national thing? Can it be both?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

Should that be carried out on a national basis rather than being left to individual councils, which might have radically different attitudes?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 9 March 2022

Paul Sweeney

When the listed buildings system was first introduced, a national survey was done of all potential candidates and the list was compiled by experts at the Royal Commission on the Ancient and Historical Monuments of Scotland. Does something similar have to happen for trees and woodlands? Is there also a role for public nominations of potential sites?