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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 5 May 2021
  6. Current session: 12 May 2021 to 3 August 2025
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Displaying 2114 contributions

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Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

But how would you go on to define that? It becomes trickier when you try to do the opposite and impose too much of a definition. That is why I am asking for amendment 391 not to be supported.

Having set out why I do not believe some of the previous amendments should be supported, I turn to amendment 340, in the name of Rhoda Grant, which is supported by Mercedes Villalba. It would allow the land and communities commissioner to advise a landowner with multiple landholdings in scope on whether a combined plan was appropriate for those holdings or whether they should have separate plans. I understand that, ultimately, the amendment supports amendments that would bring in aggregate landholdings across Scotland, but I do not see a requirement for amendment 340. Regulations will make provision for owners of single and composite holdings to ensure that there is a land management plan and that there is engagement with communities.

Amendment 23 from Tim Eagle and amendment 317 from Ariane Burgess deal in different ways with the issue of a new owner of an in-scope landholding. I appreciate the need for clarity that has been suggested on this issue; however, as Bob Doris has already highlighted in the debate, amendment 32 in group 7 is a more suitable way of dealing with that. That amendment would allow the Scottish Government to set out, in regulations, the detailed requirements of how landowners must comply with their obligations in relation to land management plans, including in circumstances in which the ownership of that land is transferred. In relation to that, future regulations could provide the owner with a grace period of a year, in which they would have the option either to keep most of the existing plan or to consult on a new one.

I agree with Bob Doris that much of that detail is best placed in future regulations and developed with the benefit of consultation. It is appropriate that the bill does not prescribe the detail of the manner in which the obligation in proposed new section 44B(1) to the 2016 act, on land management plans, must be complied with. That is why I ask members not to support amendments 23 and 317, and to support amendment 32 in group 7, when it arrives.

Amendment 17 seeks to ensure that all land management plans are publicly available in a single portal. Although I appreciate and agree with the intent behind the amendment, I cannot support it as drafted, as it would put a requirement on a landowner to ensure that a public body took action. Instead, the landowner should be required only to share the land management plan or to make it available, and the requirement for publication on the portal should sit with the public body. I am happy to work with Bob Doris ahead of stage 3 to ensure that we get that amendment right.

Amendment 16, which has also been lodged by Bob Doris, would insert the word “accessible” into the proposed new section 44B to the 2016 act, requiring landowners to ensure that there is a publicly available land management plan in relation to the land. I am concerned that the amendment does not provide sufficient detail or clarity on what exactly is to be “accessible”. Does the word relate to the language used in the plan or is it a requirement to ensure that the plan can be easily obtained? I appreciate the reasoning behind amendment 16, but I ask Bob Doris not to move it, and I will be happy to work with him ahead of stage 3 to ensure that we get the drafting right.

Rhoda Grant’s amendment 312 overcomplicates the process by seeking to introduce a requirement that land management plans be made in a format specified by Scottish ministers. We will already have powers, through proposed new section 44A of the 2016 act, to set out further detail relating to land management plans, including the information that they have to contain. Amendment 312 is therefore unnecessary, and I ask members not to support it.

Amendment 335 seeks to require that Scottish ministers appoint an independent person to complete the land management plan for crofting estates that ministers own. So far, we have heard no evidence to suggest that that view is shared by crofters on Scottish Government-owned estates, nor have concerns been raised directly by the Crofting Commission or the Scottish Crofting Federation. We already exercise our land management functions in a transparent, accountable and inclusive way, which brings significant social, economic and environmental benefit for rural communities.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

The amendments would significantly interfere with property rights, and I do not believe that we have the evidence base to connect those aspects, which is my serious concern with the amendments.

I have other concerns about the amendments. For example, if they were to be agreed to, there would be significant resource and financial implications for the Scottish Government.

For those reasons, I ask members not to support amendment 174 and its related amendments. Amendment 459 is dependent on amendment 174, so I ask members not to support it, either.

Amendment 433 from Tim Eagle would allow ministers to offer to buy land before making a lotting decision. That would be a departure from the bill as it is drafted, because it is unclear how public purchase in that way would reduce concentration of land ownership. Ministers and public bodies already have powers to purchase land by voluntary agreement when that is justified. The bill also allows ministers to offer to purchase land in certain circumstances following a review of lotting decisions. I therefore ask members not to support amendment 433.

Before turning to amendment 364, which relates to transfers for electricity infrastructure, I want to make a few comments, because this is a matter of interest to my constituency. I want to make it clear that I am appearing before the committee in my capacity as a minister of the Scottish Government. The position that I am presenting reflects the collective view of the Scottish Government and concerns a matter of law and policy for which I have ministerial responsibility. Separately, and in line with the Scottish ministerial code, I have made my views and those of my constituents known to the responsible minister in the appropriate way. The issue under discussion today is distinct from that constituency interest, so my contributions should be understood as reflecting the Government’s position—I am not taking a personal or constituency-specific stance.

Amendment 364 from Douglas Lumsden is unrelated to the provisions of the bill as introduced. It would block voluntary transfers of any land—not just land that forms part of a large landholding—for the purposes of constructing electricity infrastructure. That would interfere with an owner’s property rights. The justification for the proposed provision is not obvious from the amendment, especially as the amendment does not appear to address the main legal mechanisms by which electricity infrastructure is delivered, such as under the Electricity Act 1989, which is UK Government legislation relating to a reserved matter. I therefore ask members not to support amendment 364.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

The definitions for connected persons are already set out in the bill. I am more than happy to have a discussion with the member ahead of stage 3 if there are particular issues in relation to the amendments that I have brought forward that he feels are not being addressed. I am not sure whether we are talking at cross purposes in terms of what we are trying to set out, but my amendments do not cover aggregate holdings. I do not know whether that is the point that the member is trying to bring forward.

As Michael Matheson outlined, the purpose of amendments 11, 35, 42 and 106 is to extend the land to which community engagement obligations may be imposed to include sites of community significance.

I am keen to ensure that the bill is as simple and clear to understand as possible but, as I have set out today, the measures that we introduce need to be proportionate and justifiable. Following Scottish Land Commission recommendations, the bill focuses on addressing issues with the concentration of land ownership in rural areas. That is why the provisions apply to those larger landholdings. If we were to introduce sites of community significance, that would significantly complicate the provisions that we have set out in the bill. It would invent a whole new designation process that means that land anywhere in Scotland could be subject to provisions in the bill that were intended only for large landholdings.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

I want to make it clear that that is why consultation and engagement on what the land management plan will include are hugely important. That will be a vital part of the process.

You also raised some examples of the costs that will be associated with the plan. Figures have been set out in the financial memorandum, and the £15,000 figure has been mentioned a couple of times today. However, that was an expected cost for a complex and quite extreme example. Also, it is not as though that would be a recurring cost every five years. Again, we need to consult people and ensure that we get the level of detail right, which is why we have set out the process. I hope that the member recognises that in relation to the amendments that we are considering and our discussions on the bill today.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

Would you like me to come in at this point, convener?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

I will just finish the point that I have started.

Mark Ruskell’s amendments 49A and 49B would include non-contiguous areas of land, provided that they are within 10 miles of each other. That figure is much larger than the 250m figure that I suggested, which was based on the recommendations of the Net Zero, Energy and Transport Committee and the Scottish Land Commission. However, I am mindful that our evidence is focused on nearby landholdings. Broadly, the greater the distance that we use to allow non-contiguous landholdings to be treated as contiguous, the further the intervention moves away from the original evidence base, as I have outlined today.

I would like to think that there could be some middle ground in relation to that. Mark Ruskell might well touch on some examples of particular issues that he would like to address that he has referenced previously, so I would like to work with him on those amendments.

I will go back to Mercedes Villalba for her intervention.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

It is based on the evidence that has been provided by the Scottish Land Commission. The issue that we are ultimately trying to tackle is the concentration of land ownership and the impacts that it can have on local communities—it means that there is a lack of diversity and of available land supply. Those are the issues that we are directly trying to address. That is not to say that I am not sympathetic to the issues that Mercedes Villalba is trying to address, but we do not have the evidence base to do that. If somebody owns land in other parts of Scotland that falls below the threshold, we do not have the evidence base to show the impact of that on the local community near that area of land, and if it falls below that threshold, it might not be relevant anyway.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

I would be happy to share more information with Mark Ruskell and other committee members. As Mercedes Villalba referenced in her comments, we have referred widely to the public interest in legislation, so we cannot just set out what the public interest is in the bill that is in front of us. Amendment 310 is very descriptive—as I set out with reference to the case law, it is too descriptive. It would not be helpful to have a definition that would restrict how “public interest” was interpreted.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

I am not concerned about that at the moment. The member will no doubt be aware of the Crofting and Scottish Land Court Bill, which was recently introduced.

Again, there is no obligation; it is about considering requests from crofting community bodies. Although the drafting is not quite right, I support what the amendment is trying to achieve.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 3 June 2025

Mairi Gougeon

Our position has not changed throughout the discussions that we have had on the bill. The key point that we are trying to address, and all the measures that have been introduced, are based on the Scottish Land Commission’s recommendations on addressing the issues that are associated with the concentration of land ownership in Scotland and the impact that it has on local communities. It is with large landholdings in a specific area that we see some of the issues arise, and that is the point that we are trying to address with the measures in the bill. Our position has not changed.