The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
Okay. Thanks.
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
I understand that, but do we want, for example, the third-largest landowner in Scotland potentially not to be required to produce any land management plans because every parcel of land that they own falls under the threshold? Is that seriously what we are trying to achieve?
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
We could spell that out: we could put the duty in in an amendment that could cover anything from protecting and enhancing human rights to maintaining or restoring biodiversity. We could spell it out if we wanted to.
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
Okay. Thanks.
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
Okay. I will take that as you being open to persuasion on the possible timeframe.
I turn to the way in which land management plans are to be taken forward and who is to take them forward. As the bill stands, the land management plans are intended only for pieces of land of more than 3,000 hectares, and that is limited to single, composite and contiguous holdings.
The cabinet secretary will be well aware of the significant commercial holdings of land that are owned by companies and that are all under the threshold, although in some cases those companies are in the top five landholders in Scotland. They would be left out. They would not be covered by the existing definition of how land management plans should be applied. Has any thought been given to including aggregated or corporate holdings in a way that would allow us to make sure that we are capturing what are very significant landholders who, because of the nature of the parcel of land that they own, fall under the threshold for a land management plan?
10:00Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
I understand your point. However, if the transfer test is a public interest test in essence, albeit not in name, I am still not clear why we cannot be more specific in statute about exactly what will be taken into account in terms of the public interest. I understand that we have done that in the Planning (Scotland) Act 2019 and in the Community Empowerment (Scotland) Act 2015, so I struggle to understand why this bill should be treated differently.
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
I understand that, but I do not understand why you are asserting that it is not necessary to spell that out in the bill, given that, as I understand it, we spell it out in other legislation. Why not spell it out in this bill, too?
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
So, there is nothing to prohibit such a test’s inclusion, then. It is just that at the present time how you have drafted the bill is your preferred option.
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
You will be aware that, in its supplementary evidence to the committee and in its advice to ministers, the Scottish Land Commission made two recommendations on how the new commissioner should operate. The first is that the land and communities commissioner should consult the land commissioners and the tenant farming commissioner on their investigations before submitting a report or making recommendations to ministers. The second is that, if the new commissioner investigates breaches that pertain to the duties around land management plans and makes recommendations, they should consult the land commissioners and the tenant farming commissioner on their findings and recommendations. Are you minded to support those recommendations?
Net Zero, Energy and Transport Committee
Meeting date: 18 February 2025
Michael Matheson
Part of the challenge is ensuring that land management plans are a meaningful process for communities to engage with and that they deliver greater transparency with regard to how land is going to be managed but in a way that is not unduly burdensome to the point that managing the plans is not practical. How do you envisage achieving that balance, given the competing tensions of what different people are looking for from land management plans?