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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 2 August 2025
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Displaying 5898 contributions

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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?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Okay. That is helpful.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

But you just said that it would not be set out.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

You probably hit the nail on the head when you said that the communication has not been as good as it should have been. When the Government’s bill team appeared before us—it seems like a lifetime ago now—the only example that we were given as to why the power was needed related to the ability to use digitised documents as part of EIAs. We were not given any other reasons why the power was needed.

The Government has quite a bit of work to do before stage 2 to communicate to the NGOs why the power is required and what safeguards will be in place. At the moment, some of them are minded to believe that we should remove part 2 of the bill altogether.