Questions and answers

Question reference: S6W-10958

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 September 2022
Current Status: Answered by Shona Robison on 22 September 2022

To ask the Scottish Government, in relation to its Programme for Government 2022-23, whether its proposal to impose a moratorium on evictions will apply to tenants who have been ordered to leave their home as a result of a criminal (a) disposal and (b) court order, including, but not limited to, a domestic abuse protection order.

The cost crisis is placing huge pressures on households, particularly on those who rent their home. The moratorium on evictions will prevent negative impacts on the health and wellbeing of tenants caused by being evicted and/or being made homeless at a time when they are already struggling as a result of financial stress. It will also relieve pressures on housing and homelessness services in the short term.

We fully recognise however the significant impact that criminal behaviour can also have on other tenants, household members and the wider community.

Details of the moratorium and the exclusions which will apply are still being finalised. However I can confirm that it is our intention that where a tenant has been convicted of:

a) using the house or allowing it to be used for immoral or illegal purposes, or

b) an offence punishable by imprisonment committed in, or in the locality of, the house; and

c) the court has also granted an eviction decree on grounds a) and/or b) above, the moratorium on evictions will not apply.

Domestic Abuse Protection Orders set out in the Domestic Abuse (Protection) (Scotland) Act 2021 are not yet in force.

Question reference: S6O-01401

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 September 2022
Current Status: Taken in the Chamber on 29 September 2022

To ask the Scottish Government whether it will provide an update on its peatland restoration plans.

Question reference: S6W-10729

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 September 2022
Current Status: Answered by Mairi McAllan on 21 September 2022

To ask the Scottish Government what methodology it used to determine that 3,000 hectares was the appropriate threshold to categorise an area as a "large-scale landholding" in its consultation paper, Land Reform in a Net Zero Nation.

The purpose of the consultation document, Land Reform in a Net Zero Nation, is to seek views on a range of proposals for land-related reforms, including specific measures that could be included in the next Land Reform Bill. As part of that, views are sought on criteria that could be used to classify landholdings as 'large-scale'.

The criteria put forward for consultation in the document are based on the principle of proportionality. They are:

a. A fixed threshold of 3000 hectares

b. Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme

c. Land that accounts for more than a specified minimum proportion of a permanently inhabited island.

Meeting one or more of these criteria would mean that a landholding would be considered 'large-scale'.

The proposal to set the fixed threshold at 3000 hectares reflects a suggestion made by the Scottish Land Commission that the 'aim should be to establish a threshold that would ensure that family farms and small businesses would not fall in scope, but that modest estates that could pose risks [of harm to the public interest] would.'

As set out in the consultation document, the proposed threshold of 3000 hectares has been informed by data held on land and property titles by the Registers of Scotland, and the Scottish Government's Integrated Administration and Control System (which records data on all businesses with agricultural and non-agricultural land in Scotland that receive public subsidies.) Based on this data we consider that setting the threshold of 3000 hectares would be proportionate, in that it would bring into the scope of measures proposed for the Bill a substantial proportion of land in Scotland, while affecting a very small proportion of landowners, few of whom would be considered 'family farms'.

Question reference: S6W-10730

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 September 2022
Current Status: Answered by Mairi McAllan on 20 September 2022

To ask the Scottish Government what the definition of a "family farm" is in its consultation paper, Land Reform in a Net Zero Nation.

The consultation document puts forward the following criteria for the purpose of defining a landholding as 'large-scale':

a. A fixed threshold of 3000 hectares

b. Land that accounts for more than a fixed percentage of a data zone (or adjacent data zones) or local authority ward(s) designated as an Accessible Rural Area or Remote Rural Area, through our six-fold urban/rural classification scheme (please refer to: https://www.gov.scot/publications/scottish-government-urban-rural-classification-2016/pages/2/

c. Land that accounts for more than a specified minimum proportion of a permanently inhabited island.

The proposal to set the fixed threshold at 3000 hectares for the purpose of defining a landholding as 'large-scale' reflects a suggestion made by the Scottish Land Commission that the 'aim should be to establish a threshold that would ensure that family farms and small businesses would not fall in scope, but that modest estates that could pose risks [of harm to the public interest] would'.

Consultation on our proposals for the next Land Reform Bill is ongoing. We will form a view on measures to include in legislation, and what definitions might be required, in the light of the responses we receive.

Question reference: S6W-10735

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 September 2022
Current Status: Answered by Mairi McAllan on 20 September 2022

To ask the Scottish Government what metrics it is using to measure the impact of the Regional Land Use Partnerships pilots, and what its assessment is so far of their success.

We will continue to work with the Regional Land Use Partnership (RLUP) pilots as they progress towards the delivery of Regional Land Use Frameworks by the end of 2023. Success will be measured in terms of how the pilots meet expectations as set out in the Bute House Agreement. Specifically, the pilots should demonstrate that they have taken a democratic, local and inclusive approach to governance and decision making, maximised engagement with stakeholders and helped to meet national outcomes on the environment and climate change. Although it is too early to gauge success against these criteria, we will use findings from the pilots going forwards to inform decision-making.

A year one evaluation of the pilots was completed for 2021-22. The aim was to provide insights and lessons learned as RLUPs worked towards establishment of their governance structures. The report will be published in due course.

Question reference: S6W-10731

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 September 2022
Current Status: Answered by Lorna Slater on 20 September 2022

To ask the Scottish Government whether it considers increased community ownership will have an effect on the proposals set out in its consultation, Scotland's Biodiversity Strategy, and, if so, in what ways.

Community ownership is an important aim of the Scottish Government and there are numerous examples of communities thriving after being given the opportunity to own and manage their own assets. This leads to better local outcomes, which focus on local needs. It is important that we align our policy in respect of increased community ownership to help deliver the vision and outcomes set out in our new Scottish Biodiversity Strategy. If we are to meet our ambitious target of halting the decline in Scotland’s biodiversity by 2030 and reverse it by 2045 all land owners and managers across community, private, voluntary and public sectors will have a part to play.

Question reference: S6W-10962

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 September 2022
Current Status: Answered by Mairi Gougeon on 20 September 2022

To ask the Scottish Government whether it still plans to undertake a consultation on improving animal transport legislation, and phasing out cages for gamebirds and laying hens, and farrowing crates for pigs.

The Scottish Government is committed to maintaining high standards of animal welfare. The Scottish Government is currently working closely with the other GB administrations on potential improvements to animal transport legislation and consulting stakeholders through a series of workshops, to ensure all options are fully considered before any specific proposals are brought forward.

The Scottish Government remains committed to consulting on proposals to phase out cages for gamebirds and laying hens, as well as farrowing crates for pigs. The consultations will be prepared and brought forward in due course.

Question reference: S6W-10549

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 24 August 2022
Current Status: Answered by Mairi McAllan on 20 September 2022

To ask the Scottish Government whether it will provide an update on the research being carried out into the appropriateness of opening the muirburn season in September.

Question reference: S6W-10548

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 24 August 2022
Current Status: Answered by Mairi McAllan on 20 September 2022

To ask the Scottish Government when it plans to publish the evidence review of muirburn being carried out by SAC Consulting.

Question reference: S6W-10963

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 September 2022
Current Status: Answered by Mairi McAllan on 20 September 2022

To ask the Scottish Government whether it will publish the responses to its consultation, The use of dogs to control foxes and other wild mammals in Scotland.

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