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Chamber and committees

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 26 November 2024
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Displaying 1587 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Would you have a view on whether it would be affordable?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That was really helpful. Would that be a barrier to making the fine greater than £5,000? Is that an impediment to going further, irrespective of whether the fine itself is affordable?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That is helpful. Mr Macleod?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

I think that we all would, but I will leave it at that. Dr Robbie?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That is helpful.

My final question goes back to the idea of the £5,000 fine for non-compliance and where and when that can be levied. The committee has found a lack of clarity about that, so perhaps the witnesses can help us.

Proposed new section 44B(3)(c) of the 2016 act will require the land management plan to set out

“how ... the owner is complying or intends to comply with ... the obligations set out in the regulations”,

and proposed new section 44E will allow specific persons to allege a

“breach of an obligation imposed by regulations under section 44A”.

Is the drafting adequately clear to ensure that there are obligations to produce and to comply with land management plans? It sounds a bit like gobbledegook to me. I would rather have no one being fined because people are complying with good practice and everything is positive, but can a person be fined £5,000 for not producing a land management plan and then later down the line be fined another £5,000 if a plan appears but they are not complying with it?

I am also keen to know whether more than one £5,000 fine can be levied. Someone who does not comply with a land management plan can be fined £5,000. If three months pass and they are still not complying, can they be fined another £5,000? We are grappling with that. We will, of course, ask the Government to give some clarity about how those things might operate, but can Mr Macleod offer some assistance?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Fergus Colquhoun and Gail Watt have not had the opportunity to comment. Does Gail Watt want to add anything?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

That is fine. I know that the convener has a line of questioning in this area, so I will ask just one more question.

I was a wee bittie surprised by the concerns that were raised in some of the written evidence about the cost of developing a land management plan. I think that Mr Macleod said that a lot of responsible landowners were already getting on with doing that, without the need for legislation. I would not have thought that, if the threshold was set at 3,000 hectares, developing a land management plan would be that burdensome or that costly in the greater scheme of things. I am asking whether that is the case; I do not know. In life, it is dangerous to assume things.

Do the witnesses have any concerns about the administrative burden and the cost of developing a land management plan? It is important that the committee takes a balanced view and that we get our witnesses’ opinions on that on the record.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Your point is that doing the right thing is not burdensome.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Bob Doris

Do you mean as part of the land management plan consultation process?

Social Justice and Social Security Committee

Housing (Scotland) Bill: Stage 1

Meeting date: 13 June 2024

Bob Doris

Good morning, and thank you for coming along. To work out how effective the ask and act duty might be, it is reasonable to work out what the public bodies that are listed in the bill are currently doing. It is not about what they might do under that duty, but what they are currently doing. John Mills might be best placed to talk about that. What are those bodies currently doing, and what is their current relationship with local authorities?