- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether a crofting community will be required to show how it will fund its management, as well as its purchase, of a salmon fishing before it is permitted to acquire compulsorily a salmon fishing under Part 3 of the Land Reform (Scotland) Bill.
Answer
As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how the word "contiguous" in section 65(2)(d) of the Land Reform (Scotland) Bill is to be construed where part of the length of a salmon river abuts croft land at one of its banks.
Answer
The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which salmon fishings in Scotland are "eligible croft land" within the meaning of the expression in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why it considers it necessary to include salmon fishings within the provisions of compulsory purchase in Part 3 of the Land Reform (Scotland) Bill when it believes that the provisions will rarely be exercised in relation to salmon fishings.
Answer
We believe that there are advantages to be derived from being able to manage all land-based activities on a property in a holistic fashion. We consider that crofting communities should have that opportunity if they want it. The very existence of this right to buy is also a significant factor in altering the balance of power between the crofting community and landowners, including proprietors of salmon fishings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive what measures it plans to prevent owners of salmon fishings from avoiding compulsory purchase of their salmon fishings under Part 3 of the Land Reform (Scotland) Bill by the creation of tenancies, time shares or syndication arrangements.
Answer
None. Such arrangements may enable those who currently control and manage the fishings to continue to do so. The crofting community may still be able to purchase the salmon fishings and if they do so may benefit as owners from any revenues to be derived in the form of rent etc. from such arrangements.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into which salmon fishings in inland waters within or contiguous to croft land are being managed in a manner which is incompatible with sustainable rural development.
Answer
There has been no such research undertaken or commissioned by the Scottish Executive.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which provision in the Land Reform (Scotland) Bill leaves tenancies, time shares and syndication arrangements of salmon fishings unaffected by the exercise of the provisions to acquire salmon fishings compulsorily in Part 3 of the Bill.
Answer
The right to buy extends only to land which consists of salmon fishings as defined in section 65(2)(d). Where existing arrangements such as leases, timeshare or syndications are binding on the present owner, these arrangements will be binding on the new owner. Timeshare or syndication arrangements which constitute joint or common ownership would in theory be susceptible to purchase through the provisions of section 70(4). However, it may prove difficult to demonstrate that the purchase of fishings held under such arrangements would lead to sustainable development or be in the public interest. Furthermore, in many cases affordability is likely to be an issue for crofting community bodies. There is also a specific protection for tenancies in section 67(5).