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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 26 June 2025
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Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

Sorry—if you had allowed me to come on to my next point, I was actually going to say that I agree with what you are trying to set out. It is helpful, as you have just said, to raise awareness of food miles and the importance of that. My only point is that it is not appropriate to provide for that in the rural support plan. There are a whole variety of issues in relation to food miles, and it is not solely for this bill to address them. I think, therefore, that the bill is not the appropriate place for what you have set out in amendment 120, and I ask you not to move it.

With regard to amendment 121, as I noted in my response to amendments 28 and 29, in the name of Colin Smyth, the Parliament and its committees will have an essential role in scrutinising the secondary legislation that will need to be approved in order for us to deliver on the plan. The amendment offers a further timing, and it would simply serve no practical purpose when that later scrutiny—alongside my offer for a more holistic set of duties around the plan—would ensure that the aspects of what, when, how, why and with whom are very clear. I ask Rachael Hamilton not to move amendment 121.

Colin Smyth’s amendment 35 proposes another arbitrary deadline for the production of the rural support plan—which would, if in effect, impede the development of the first plan. The first plan will need to take into account the final form of the bill on its becoming an act and the timing and detail of any secondary legislation that uses the powers of that act. The plan will need to deal with the transition between old and new support, as per the route map, with the detail being under active co-development. The deadline that is in amendment 35 would risk the short-term amendments to the plan as more detail of the transition period emerges. Overall, it would result in a sub-optimal plan that might not even reflect, as it needs to do, all the detail of the different tiers and schemes that will be set out in secondary legislation. On that basis, I ask Colin Smyth not to move amendment 35.

Similarly, Beatrice Wishart’s amendment 122 would require the publication of the rural support plan no later than six months after royal assent. For the reasons that I set out in relation to amendment 35, I urge members not to support amendment 122.

Tim Eagle’s amendment 123 takes us into a bit of a bidding war in relation to that. Again, for the reasons that I have already outlined, I ask members not to support amendment 123.

I understand the intent behind Tim Eagle’s amendment 124. Recipients of support want as much clarity and early notice as possible of future support plans. However, requiring the publication of subsequent plans 12 months before the end of the preceding plan period, instead of the six months that is currently in the bill, would leave limited time for review and evaluation, because we also have to undertake engagement and consultation on that. That change would therefore ultimately be unworkable, which is why I am not in favour of amendment 124.

As I made clear at stage 1 and in speaking to the foregoing amendments, the Scottish Government’s approach is always to co-develop with industry and wider partners to ensure that legislation and regulation are best fitted to work and deliver outcomes. Colin Smyth’s amendment 37 would cut across that activity. However, again, I understand the intent of that amendment and, as I set out in response to Alasdair Allan’s amendment 119, I want to give further thought to the requirements to consult that are in the bill. I therefore hope that Colin Smyth does not move amendment 37.

If taken in isolation, what amendment 38 would require the Scottish ministers to do would not be proportionate to the scale of any changes to the rural support plan, some of which could be minor in nature. Indeed, it could hold up what could simply be a routine or minor change as part of normal programme management. I have offered to ensure that a much clearer duty on monitoring and evaluating agricultural support is set out in stage 3 amendments. I therefore hope that Colin Smyth will not move amendment 38.

On amendment 39, as previously indicated, it would be unhelpful to require the rural support plan to be subject to regulations, especially given that there is already a commitment to lay the plan before Parliament and publish it. I therefore urge members not to support amendment 39.

I addressed the issue of arbitrary statutory consultation periods in response to Beatrice Wishart’s amendment 118. Amendment 125 presents the same issue applied to rural support plan amendments. It would provide no proportionality to the scale of any such amendment, which could be routine. I have already outlined that our approach is to always co-develop with our industry and wider partners and that I would report on how we do that, with whom and to what effect, in the rural support plan. I hope that what I have said offers some reassurance to Beatrice Wishart that there is no need to create such a statutory period and that she will not move amendment 125.

Amendment 40 would introduce an arbitrary requirement that does not provide any proportionality. It is restrictive and would divert finite resource away from the co-development of future policy with industry and our partners. Each and every time that ministers opted to amend a rural support plan, it would require a full review. As schemes and support will change over time—particularly during that initial phase and the transition period—that could turn out to be a meaningless exercise that does not provide any value simply because there is a statutory requirement to do it. I therefore hope that Colin Smyth does not move amendment 40.

On amendment 126, I noted in my response to amendments 28 and 29 that the Parliament and its committees have an essential role in scrutinising the secondary legislation that will be needed in order to deliver on that plan. I therefore urge members to reject amendment 126.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

I was not going to make any more comments. I had already finished.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

Absolutely. I appreciate that. We will go into more detail on that in discussing the next grouping, and I hope that what I set out will address many of the concerns that committee members and stakeholders have raised. We want to make sure that we look at that holistically and that whatever measures we introduce in that regard are introduced at the right place in the bill process, which I believe is at stage 3.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

Convener, I ask you to allow me to finish the rest of my points, which set out the rationale for the approach that we have taken and how we want to work with members on the amendments that they have lodged in order to find a way forward.

I do not think that it is fair to look at the overall timescales. We introduced the bill on the back of the consultation that we undertook, and we are trying to provide a bit more certainty over the period. It should be recognised that we have introduced a framework bill. As I have said previously, it is important to remember that we are talking about the foundation of our approach to developing future policy. As I outlined in relation to what the first plan might look like, we are going through a transition, and we are trying to develop policy with our farmers and crofters. I commit to working with members around the table so that we can get the plan into a shape that, I hope, will allow everybody to come together to support it.

I return to my comments. It is key that we manage the transition through the first rural support plan and that we take farmers and crofters with us without creating unnecessary stress or dislocation. We need to ensure that, when we set up the requirements for the scrutiny, content and role of the plan, the plan is able to function now, with what we have, and will be able to function in the future with what we are co-developing.

I ask members not to move amendments 114 to 116, 38, 40 and 128. In return, I commit to taking every proposed amendment away for consideration and to engaging collaboratively with members of Parliament and stakeholders. I want to come back at stage 3 with a robust set of amendments that cover the rural support plan and our approach to monitoring and evaluation, thereby providing a wraparound approach to the issues that have been raised in this group.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

Again, I ask Rachael Hamilton to allow me to get back to my comments so that I can set out what will be included.

We have had a number of conversations with stakeholders, and there has been the information that the committee has received. We are all pushing in the same direction in relation to what we want to achieve, so I hope that we can work constructively to achieve that.

Again, coming back to my comments and what I am committing to do and the issues that we will cover in relation to the rural support plan, it will cover our strategic priorities for providing support and the outcomes that we expect it to deliver. That will be important in setting the scene for a reporting period and giving everyone a clear understanding of what we are doing, why we are doing it and what we are seeking to achieve from the activity and support.

11:00  

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

I expect the UK Government to at least engage in a conversation with us, so that we know what kind of allocation there will be and we can have a dialogue about what that budget might look like. That engagement was promised as part of the Bew review, but that conversation, despite our pursuing it, has never taken place.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

I am sorry, but I do not understand the point that you are trying to make.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

The UK Government was able to do so previously, so I do not understand why it is not able to do so now and why it cannot engage in conversation with us about what future allocations might look like.

It is important to be clear that we get the confirmation of a budget only on an annual basis from the UK Government. We get an indicative allocation, which is confirmed on an annual basis, so that could fluctuate from year to year.

As I have outlined, we want to work in that space and be as helpful as possible within the limitations that we have, but we are within severe limitations when it comes to making commitments on multi-annual frameworks and funding going forward.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

As I have already outlined, I want to look at what we are able to do in that space. We want to provide as much certainty and clarity to people as we can. I recognise how important that is for future planning for our farmers and crofters, but I cannot commit to something that I am not able to deliver. Based on the comments that I have already outlined in relation to the rural support plan, that is an area that I want to consider.

I would like to continue and to make progress on the other amendments.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Mairi Gougeon

I am conscious that we have covered a lot already, but there are still a number of areas to get through.

On amendment 114, although evaluation of programmes is our standard approach—our ex post evaluation of programmes under the EU CAP is currently under way—it is important that we do not restrict the timescale or the method for, or the publication of, evaluations. There will be some things that can be reliably reported on within a planned period, but others will require more by way of longitudinal research.

We need to ensure that our monitoring and evaluation of plans, outcomes and the overall framework are robust. Our rural and environment science and analytical services division—RESAS—is preparing an agricultural reform programme monitoring and evaluation framework. It is important that we are clear about what can be reliably delivered and evidenced within planned periods and what might require a longer timeframe.

Rachael Hamilton’s amendment 114 presupposes that each plan will directly replicate what was in the previous plan. However, as we know, schemes and support will—we would hope—change over time, so that could turn out to be a meaningless exercise, which would require to be carried out simply because there was a statutory requirement to carry out evaluations. For those reasons, I ask Rachael Hamilton not to move amendment 114, so that I can return at stage 3 to provide more detail on what can usefully be included in the bill that can be achieved in this area. If the amendment is moved, I urge members not to support it.

I think that Colin Smyth’s amendment 32 is unnecessary, as it asks for the provision of baseline financial and funding information that is already available every year through the budget process. I am happy to send on the links to the level 4 budgets for the current year to reassure him that that information is already publicly available. That being the case, I hope that he will not move amendment 32.

I have some sympathy with elements of Colin Smyth’s amendment 115, and I understand what he is trying to achieve. As I set out in my introductory remarks on the group, the purpose of the rural support plan is to offer clarity and certainty as to how the powers that are sought in the bill are to be used. I ask members to allow me to return at stage 3 with a more holistic and—crucially—workable wraparound that sets out clearly how ministers will cover the detail of the plan. That will include consideration of the requirements that are listed in amendment 115. On that basis, I ask Colin Smyth not to move amendment 115. If he moves it, I urge members not to support it.

The same applies to Rachael Hamilton’s amendment 116. In particular, I would very much like to be able to set out the sources of funding, but, as I have already outlined, until the UK Government engages in discussions on future budgets, it will continue to cause uncertainty.

On amendment 117, I reassure Rachael Hamilton and others that I fully intend to ensure that we have a scheme that effectively supports new and young entrants to farming. However, it would not be appropriate to provide for that in the way that is proposed in what we have agreed should be a framework bill. That aspect will feature in one of the tiers that will be co-developed with key stakeholders, which will, of course, be subject to regulations that Parliament will have an opportunity to scrutinise. I hope that that reassures Rachael Hamilton and that she will not move amendment 117.

I understand the intent behind Beatrice Wishart’s amendment 118, and I hope that I can reassure her that it is not needed, given the significant amount of engagement and consultation that the Scottish Government already undertakes on a wide range of matters that will form the new framework and tiers. We have a long-standing commitment to co-development with rural partners, and we continue to engage closely with them. The agricultural reform programme is responsible for managing the co-development process from design through to delivery and for ensuring that that process is communicated through the route map. That approach is rooted in the Scottish approach to service design, whereby we actively work with our farmers, crofters and land managers to develop and test our future framework.

The detail of changes, including the detail of new schemes in the different tiers, will be provided for in secondary legislation, using the powers that are proposed the bill. That will involve further consultation through the associated impact assessments, along with parliamentary scrutiny. As I have made clear, our approach is always to co-develop with our industry and wider partners to ensure that legislation and regulation are best fitted to work and deliver to outcomes. I have already committed to reporting on how we do that, with whom and to what effect in the rural support plan. I hope that that reassures Beatrice Wishart that there is no need to create a statutory consultation period of the kind that she has set out and that she will not move amendment 118. If she moves it, I ask members not to support it.

Alasdair Allan’s amendment 119 helpfully identifies an issue that applies right across the bill and across all the groupings. We have a range of existing commitments to consult on proposed changes, which are, I think, inconsistent in their framing, particularly in relation to whom should be consulted with. That is why I propose again that, ahead of stage 3, Government officials will review all the current and proposed additional consultation requirements, to ensure that they are appropriate and proportionate, that we consult where it is necessary or most useful, and that there is consistency in the framing where that is important. Accordingly, I ask Alasdair Allan not to move his amendment 119, to allow that to happen.