Chamber and committees

I would like to bring in Dr Robbie next. If the commissioner gives one fine for non-compliance across a swathe of obligations in the land management plan, it sounds as if they will not be able to return with a second fine, but individual aspects could each be the subject of individual £5,000 fines. What is Dr Robbie’s take on that?

I love it when people who have a legal background start looking at one another to see what their thoughts are.

If that is the point that your members made, you should keep making it.

Do the witnesses have any other comments? I do not want to single anyone out, but I see that Dr Robbie is looking over.

Does Fergus Colquhoun or Gail Watt have anything to add? If not, you will be glad to hear that I will be bowing out of my line of questioning.

Thank you.

I am not sure whether the Government did or did not get away with anything, but I will stick to the bill that we are scrutinising.

In relation to land management plans, the bill places consultation responsibilities on land that exceeds 3,000 hectares, although a case has been made for that limit to be set at 1,000 hectares. Might one of the ways to soften the prior notification element be to say that landowners should be discussing with communities the community right to buy framework as part of that consultation process? Hopefully, if that is part of the land management plan, communities would be empowered and would register an interest anyway, irrespective of whether the land was coming up for sale. Might people be looking at the issue from the wrong end of the telescope?

Don Macleod, do you have any views on that?

I am sorry, but that is what I wanted to get to—that is really helpful evidence for the committee.

Mr Colquhoun, do you want to answer?

That is very helpful; we will come on to more about that in a second.

I apologise in advance to witnesses for moving them on, because there are a lot of questions to get through. I am trying to get an indication of where witnesses are, and then move on to the next question. The speed of my interactions perhaps came across as a bit rude—I apologise for that, but I am trying to get through the questions.

There is no point in having land management plans unless there is a system of compliance. We can talk a bit more in a moment about what that means in practice. For now, let us assume that there has been non-compliance—I know that it is a big assumption, Mr Macleod, but let us play that game for a wee second. The maximum fine is capped at £5,000. Do the witnesses feel that that amount is about right? Again, I do not have a background in this area, but it feels pretty low to me.

We will come to cross-compliance and penalties in a second, but in relation to direct penalties, is £5,000 too low, too high or about right? Perhaps Gail Watt can start this time.