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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 4 May 2021
  6. Current session: 13 May 2021 to 19 September 2025
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Displaying 2122 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

Thank you. I will go to Tara Wight first with this question, as it is easy to forget that we have a witness online, and I want to make sure that we do not do that.

My question is about identifying breaches in land management plans. You will know that the Land Commission suggested that the new land and communities commissioner should be able to instigate an investigation into potential breaches of community engagement obligations within the drawing up of a land management plan. It also suggested that there should be a more general power for the new commissioner to act where they think that there are reasonable grounds to suspect a breach of any kind with a land management plan, irrespective of whether there has been a complaint. What are your views on that?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

That might be the general view of all witnesses. We will hear from one more witness on that, and then I will ask a follow-up question. Max, do you concur with what Tara said?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

This is my final comment. You are almost suggesting a risk-based approach to that proactive work. That would flag up a potential risk if some landowners do not have track record of complying with best practice already. Do you want to say any more about what that risk-based, proactive work of the commissioner might look like? You mentioned some things already. Is there anything else that we could consider?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

That is very interesting. I am tempted to ask more questions, but I will not, because of time.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

That is helpful. I might come back to the anonymity question raised by Megan MacInnes in a moment, but first I will ask about the land and communities commissioner’s proactive role to investigate potential breaches.

I will stick with you, Mr Kirkwood. I have suggested to witnesses before that I would quite like the land and communities commissioner to be able to pick a random sample of land management plans and do a bit of digging, not to catch landowners out, but to see whether they are compliant. Mr Overton was talking about the Land Commission having a forum about what a good land management plan looks like and how landowners can be supported to produce them. If we are going to drive up standards and ensure best practice, the land and communities commissioner has to have more of a proactive role.

Mr Kirkwood, what are your views on the land and communities commissioner having proactive powers to investigate potential breaches? More generally, what are your thoughts on its ability to dip its toe in the water to find out what is happening out there across Scotland with land management plans?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

The convener will be quite terse with me if I do not stay focused on the questions. I will bring in Mr Howard.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

We have heard from some witnesses in private, because they were concerned about airing their views in public. I get that every landowner, tenant and community group is different, but we have heard some of that concern, and it is important to put that on the record.

Not everyone has had an opportunity to speak, but I will put in my final question and we can maybe mop this up. Megan MacInnes spoke about anonymity for those who complain because of the potential risk that we have heard about. Witnesses should feel free to comment on the first two questions, but perhaps Laura Hamlet has a view on anonymity.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

I am absolutely willing to be corrected, but my understanding of the bill is that a report would be made to the land and communities commissioner, and the bill says what the content of that report should be and how the matter should be reported to the commissioner. There is a set process for that in the bill. As it stands, a potential breach may be reported only by a community with a registered interest in land within the terms of the land management plan, Historic Environment Scotland, a local authority within whose area the land sits, the Scottish Environment Protection Agency or NatureScot. We can look separately at whether the set process is appropriate, but should the list of those who may report or allege a potential breach be extended to include community councils, enterprise agencies, national park authorities and the Crofting Commission?

If you want to digest that question and think about it, that is fine. You do not need to comment now, but you have an opportunity to say what your gut tells you about extending the list in that way.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

That is helpful. You have moved on to where I was going to take the line of questioning. Before we come to that, however, do any of our other witnesses have a different view on adding the four organisations? If so, it would be good to get that on the record.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Bob Doris

I do not have any further questions. Is there anything regarding this area that the witnesses feel that they should have put on the record but have not been able to?

I see not. Thank you, convener.