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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 5 May 2021
  6. Current session: 12 May 2021 to 8 July 2025
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Displaying 2389 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

I appreciate that the witnesses are here to represent their members and that their members have significant private property interests, but the bill is seeking to balance those interests with the wider public interest.

We have heard evidence that suggests that there is much more stringent regulation of land and land ownership across Europe and that Scotland is somewhat of an anomaly in that regard, with much less stringent regulation. The fact that those countries have managed to put into their domestic law regulations that have not been successfully legally challenged on the basis of private property rights suggests to me that they are not impacting on those rights.

I am interested in your views on whether the proposals in the bill, including those that we have just discussed, could interfere with private property rights. If so, why would that be the case here when it is clearly not the case in the vast majority of European countries, which have more stringent regulations that remain unchallenged and in operation on the statute books?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

So you are suggesting that the application of private property rights is very different in Scotland because of the scale of private property ownership—it is weighted towards the scale of ownership. That is not my understanding of it. Property rights are property rights, regardless of where you are. That is certainly the case in the European Union and in this country.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

Presumably, you work with other bodies across Europe that represent landowners.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

Do you have evidence of how the courts have seen private property rights as having been diminished as a result of regulation across Europe? That would be of interest, because the evidence that we have is that Scotland is an anomaly because it is the least regulated.

Gemma, do you want to come in on this?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

So there are no other farming unions across Europe that have successfully challenged regulation on the basis of private property rights?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

I was just drawing on your comments at the beginning of the session, when you seemed to imply that you were leaning towards larger landowners, but maybe not.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

Would it come down to guidance, then? Would the detail of the guidance determine whether the approach was too prescriptive or not prescriptive enough?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 19 November 2024

Mark Ruskell

I know that there was discussion with the previous UK Government about the introduction of a carbon tax. That was an option at one point, although I am not sure whether it was intended to run alongside an ETS or as a replacement of an ETS.

It would be useful to get your thoughts on whether a carbon tax is now off the agenda and whether everything is now completely focused on an ETS.

I note that Norway also has an ETS—presumably aligned with that of the European Union—but that it also has a carbon tax on both its oil and gas sector and the production emissions from oil and gas. The fact that it has an ETS and a carbon tax means that the industry makes a significant contribution to the Norwegian state.

I am interested in where the discussion is. Is a carbon tax on or off the agenda? Are we simply considering this instrument as the main way to decarbonise?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 19 November 2024

Mark Ruskell

I will come to the other witnesses later, but do you have any evidence of how the public interest regulations that put more regulation on land and land ownership have been successfully challenged across Europe?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Mark Ruskell

Clearly, everything that we are talking about comes from EU law, which we have implemented into our own law. However, EU law does not stand still. What engagement will there be with the European Commission on the changes to environmental assessment? As the years go by, refinements will be made—for example, there are now enhanced commitments on nature at a European level. I am interested in what that conversation looks like. I understand why we have been focusing on the discussions between the Scottish Government and the UK Government, but the origin of what we are talking about is in European law, which is why I am interested in what the engagement with Europe will look like in future in relation to alignment and reform.