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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 7 November 2025
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Displaying 2295 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

That is helpful. Over the past few evidence sessions, I have tried to paint the role of the proposed new commissioner as being more proactive, their resources permitting. Of course, Mr Carlow, that could help to drive up standards for land management plans, because there could be breaches. Although those breaches may not be wilful, it could be that expertise is still being acquired around the development and implementation of land management plans, including in community engagement. If resources permit, should sample inspections take place on a thematic basis, not with a view to identifying and prosecuting breaches but with a view to identifying weaknesses in delivery, which would help to drive up standards? Would it be helpful for the commissioner to have a proactive power to do more thematic work?

11:45  

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

I will resist asking further questions about that, Mr Clark, because of the time pressure. Mr Carlow, do you have any reflections on the points that I made?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 4 February 2025

Bob Doris

I will ask the same question that I asked the previous witnesses on the affordability of a good-quality land management plan. When Mr Carlow gave the forestry example, he helpfully said, “That is just good management”—that is what I have written down—in relation to engagement with communities, good stewardship of the land and the relationship in that regard. A lot of the things that we are talking about are things that a good landowner would be doing anyway, but they would be drawn together in one place, so I genuinely cannot comprehend how it would cost many tens of thousands of pounds to do something that, as nearly all the witnesses have said, good-quality landowners would be doing anyway. Something does not quite compute. Mr Carlow, 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

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.