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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 31 July 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: 18 June 2025

Mairi Gougeon

The overriding concern with the amendments is that they relate to reserved matters and, on that basis, they are outside the legislative competence of the Parliament. It is true that, as we have discussed around the table tonight, some functions that were transferred to Scotland are now exercised by Crown Estate Scotland. The Scottish Crown Estate Act 2019 already gives ministers powers to transfer or delegate management to local authorities or community organisations so that they can take on the management of assets in their area, including the foreshore. It is largely on that basis that I urge the committee not to support the amendments.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

I have finished speaking, but I am happy to hear your point.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

Yes I have, convener.

I move amendment 488.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

I do not have anything further to add at this point, convener.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

I turn to amendment 380, which was lodged by Ariane Burgess. I share the aspirations for the type of land use that she is trying to achieve with the amendment. We might consider, for example, that the but-and-bens hutting movement is ultimately about getting people closer to nature, with all the social and health benefits that come from that. However, there are some issues with the amendment—for example, the application of the provision would be limited to public land, when most huts are on private land. A final point is that the model lease for environmental purposes is intended to facilitate a wide range of environmental land uses, and that could well include hutting, where the parties are in agreement with it.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

The Government’s amendments in this group will take a major step towards consolidating and modernising our current small landholdings legislation, which dates from 1886 to 1931, ensuring that the legislation is fit for purpose and, ultimately, enabling it to meet the needs of Scotland’s existing small landholders, the next generation of small landholders and new entrants. It will also give greater clarity to landlords.

The amendments build on the changes that are already in the bill and modernise other important areas in the existing small landholdings legislation. Amendment 488 makes a number of changes to modernise the process of creating new small landholding tenancies and brings new and existing small landholdings within the scope of the schedule. The provisions set out important aspects of what a small landholding is, including who can be a small landholder and the types of land that are able to form part of a small landholding.

The changes make it easier to create a small landholding tenancy, remove references to redundant legislation and reform aspects of the existing process, including in relation to registration. Creating more small landholdings is a positive step for the next generation of farmers and small producers. The amendment also sets at 20 hectares the upper size limit for new small landholding tenancies entered into under the schedule, and it includes a power enabling the Scottish ministers to amend that in the future.

Repealing the provisions on the register of smallholdings that was created prior to world war one is really poignant. In St Andrew’s house, there is a marble memorial to staff of the Board of Agriculture who lost their lives in the great war. It was those people who held the register, and then, following their deaths, the main paper register was lost. It has never been recovered or kept up to date.

Amendment 508 further consolidates and modernises areas of the Small Landholders (Scotland) Act 1911. It sets out important provisions on the terms of the landholder’s tenancy, including how they must use the landholding and the landlord’s rights of access on to the holding. It entitles the landholder to compensation for damage from game or game management, which broadly mirrors what is in section 20 of the bill in relation to agricultural holdings.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

In relation to the crofting element, I am sure that the convener will be aware that we have introduced crofting legislation, which covers some of the most pertinent issues.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

I thank Rachael Hamilton for her points and I fully appreciate what she is trying to do. The reason why we do not support amendment 478 is that, through the “Natural Capital Market Framework” that we published last year, we are already providing what it specifically asks for. One of those principles is about ethical investment, and another is about the community benefit that should be expected. There are other measures in the bill, such as land management plans—which we have already discussed at length in the committee’s sessions so far—that I hope could address some of those issues in the future, because those measures are about wider community engagement.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

I had already finished my comments. I was just responding to Ms Hamilton.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 2

Meeting date: 18 June 2025

Mairi Gougeon

Yes.