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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 5 May 2021
  6. Current session: 12 May 2021 to 17 June 2025
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Displaying 5863 contributions

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Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Stewart Cunningham, can you set out exactly what the new regulation that was brought out in 2019, which Mark Ruskell referred to—regulation 9D—does? If it does not give the flexibility that we were informed that it gives, what does it do that the proposed regulations need to enhance?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

I asked my question because, at the moment, there is no route for you to set biodiversity targets for the offshore environment—you can do that only for inshore waters.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

I guess that the concern is that that would allow NatureScot to pick and choose when to abide by the regulations and when to enforce them. That is the issue with flexibility: there is no certainty for land managers or deer practitioners that NatureScot will abide by the regulations.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Before we move on to our next questions, which are on the register of authorised persons, Emma Harper has a question about data.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

The crux of the question is whether EIAs and habitats regulations should be governed by primary legislation rather than regulation.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Grand.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

In that case, I will have the pleasure of asking the last question, which is about flexibility and accountability.

You wrote to us to confirm that the Scottish ministers would lay any part 2 regulations under the affirmative procedure when the content of the regulations would make substantial change. That was the direction of my earlier question—I was asking about the difference between substantial and insignificant changes. Substantial changes require greater levels of scrutiny.

What criteria will you use to inform decisions about what is substantial and what is not? Why are those criteria not set out in the bill to give us the comfort of knowing that, as you said, Parliament will get the opportunity to fully scrutinise any substantial changes?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

That takes us on to a question from Evelyn Tweed.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Thank you. Emma Harper has a supplementary question on that.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Welcome back. We move on to our third panel on the Natural Environment (Scotland) Bill. We will take evidence on part 4 of the bill, and for this discussion I welcome Jim Fairlie, the Minister for Agriculture and Connectivity. I welcome back Leia Fitzgerald, head of the nature division bill unit at the Scottish Government, and we also have Sam Turner, team leader of the wildlife management team; Brodie Wilson, policy manager of the wildlife management team; and Hazel Reilly, solicitor, all from the Scottish Government.

We have up to 90 minutes for this evidence session. I remind everyone to try to keep questions and responses as succinct as possible, to allow us to get through all our questions.

I will kick off with a nice straightforward question, minister—you will be pleased to hear that. Section 10 of the bill updates the aims and purposes of deer management to include safeguarding the “public interest”, but that term is not defined in the bill. In an online deer practitioner meeting that was held two weeks ago, there were considerable differences of opinion on what that public interest might be. Do you intend to define the term “public interest” in secondary legislation or the code of practice?