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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 18 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: 17 December 2024

Bob Doris

I want to look at the issue of resumption, which, according to my notes, is one of the bill’s more contested aspects. We will find out in this morning’s evidence taking.

Mr Hall, I think that I saw that you were the national president of the Central Association of Agricultural Valuers, which thought that it was about time that compensation rights under resumption were reviewed. Perhaps, Mr Hall, you could say a little more about whether it is right in principle to review some of that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 17 December 2024

Bob Doris

I will be incredibly brief, convener, because I was not intending to ask any questions this morning—I am just here to listen. However, I need to know more about your role as a regulator in general.

In many of your answers, you have effectively said, “These are the operational matters, and here is the fact of the matter in terms of operational matters”, and you have not strayed into policy matters. The deputy convener had quite an extensive exchange with you, and I think that members were trying to tease out how your operational experience informs Government as to how it might change its policy as a consequence of that. Members were trying to bring out some of that contrast, but I do not think that we have ever seen such a passive position from a regulator at committee.

I went and looked at the consultation responses in relation to the changed call-in procedures. A majority were in favour of the change, and a substantial minority were not in favour, so there was a finely balanced decision for Government to make. SEPA must surely have had a role in some of that, but I do not think that we are any the wiser as to what SEPA’s role was in relation to any of that.

More generally, in relation to these regulations, what has SEPA’s role been? After listening to this evidence session, I am completely unclear.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

That would genuinely be helpful.

Mr Oates, you have been very patient. Do you have any comments or reflections on all of the above?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

And you are going to write to the committee with your thoughts on that.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

Does that need to be clear on the face of the bill?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

Your view would be that if both parties could enter into a negotiation in good faith without having to have recourse to the tenant farming commissioner, that would be perfectly acceptable, but that it is a fall-back position.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

That is helpful.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

It might have been helpful to let you speak for longer, but this is really important, and I want to keep the questioning moving.

I want to ensure that I do not misrepresent you, Hamish. I think that you are suggesting that reviewing and changing the compensation for tenants on resumption could theoretically weaken the position of some tenants, which would be an unintended consequence in the legislation. I am not trying to summarise that as your entire position, but is that one of the aspects that you are perhaps hinting at in what you were saying?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

Should the bill deal with that?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 17 December 2024

Bob Doris

A little bit of knowledge can be a dangerous thing. I was trying to find out a little bit more about fixed-term tenancies, because there were some things that my notes did not tell me. There are short limited-duration tenancies, which last for a maximum of five years. Those can be converted to limited-duration tenancies, which last for a minimum of five years and a maximum of 10 years. There are also modern limited-duration tenancies.

That made me wonder whether, from the 2003 act onwards, there has been no such thing as a short-term tenancy, because the tenancy could dribble on, by custom and practice or by arrangement, for 10, 15 or 20 years. If that is the situation, should we look again at whether waygo is fit for purpose? Should resumption be considered? Perhaps I am being a daft laddie, but I wonder whether that situation is a wee bit different.