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Seòmar agus comataidhean

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 17 September 2025
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Displaying 2121 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

I am not sure whether the Government did or did not get away with anything, but I will stick to the bill that we are scrutinising.

In relation to land management plans, the bill places consultation responsibilities on land that exceeds 3,000 hectares, although a case has been made for that limit to be set at 1,000 hectares. Might one of the ways to soften the prior notification element be to say that landowners should be discussing with communities the community right to buy framework as part of that consultation process? Hopefully, if that is part of the land management plan, communities would be empowered and would register an interest anyway, irrespective of whether the land was coming up for sale. Might people be looking at the issue from the wrong end of the telescope?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Don Macleod, do you have any views on that?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Can I check with you, Mr Macleod? So, 30 million square metres is 30 million square metres, irrespective of what the data shows. Is that too big, too small or just about right?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

We will come to that in a wee second, Mr Macleod. To be honest, it is a straightforward question: do you think that 30 million square metres is too high, too low or about right?

10:00  

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Would you have a view on whether it would be affordable?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That was really helpful. Would that be a barrier to making the fine greater than £5,000? Is that an impediment to going further, irrespective of whether the fine itself is affordable?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That is helpful. Mr Macleod?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

I think that we all would, but I will leave it at that. Dr Robbie?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That is helpful.

My final question goes back to the idea of the £5,000 fine for non-compliance and where and when that can be levied. The committee has found a lack of clarity about that, so perhaps the witnesses can help us.

Proposed new section 44B(3)(c) of the 2016 act will require the land management plan to set out

“how ... the owner is complying or intends to comply with ... the obligations set out in the regulations”,

and proposed new section 44E will allow specific persons to allege a

“breach of an obligation imposed by regulations under section 44A”.

Is the drafting adequately clear to ensure that there are obligations to produce and to comply with land management plans? It sounds a bit like gobbledegook to me. I would rather have no one being fined because people are complying with good practice and everything is positive, but can a person be fined £5,000 for not producing a land management plan and then later down the line be fined another £5,000 if a plan appears but they are not complying with it?

I am also keen to know whether more than one £5,000 fine can be levied. Someone who does not comply with a land management plan can be fined £5,000. If three months pass and they are still not complying, can they be fined another £5,000? We are grappling with that. We will, of course, ask the Government to give some clarity about how those things might operate, but can Mr Macleod offer some assistance?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Fergus Colquhoun and Gail Watt have not had the opportunity to comment. Does Gail Watt want to add anything?