Chamber and committees

We are committed to bringing forward an ambitious new Land Reform Bill in 2023, which will build on our land reform measures to date and will further tackle Scotland’s historically unequal patterns of land ownership. The public consultation on the Bill, “Land Reform in a Net Zero Nation” , launched on 4 July, and will be open until 25 September.

The consultation includes measures to regulate the market in transfers of large-scale landholdings, including through the introduction of a Public Interest Test. This measure will ensure that the public interest is considered on transfers of large-scale landholdings.

As we develop the proposals for the Land Reform Bill, we will consider measures regarding the acquisition, use and management of land in place in other European countries, taking into account the rationale and legal basis for these measures, and consider other sources of evidence.

We will work with all stakeholders to develop the proposals outlined in consultation document, and welcome views on the proposals. The public consultation will play an important role in building the evidence base to support the development of our proposals.

Our proposals will be fully compliant with the ECHR, including the right to private property, and the terms of the current devolution settlement. But they will also be ambitious, and designed to ensure that land plays it full part in delivering the vision set out by the Just Transition Commission - a fairer, greener future for all. This reflects the principled position of the Scottish Government, and our explicit commitment to respecting, protecting and fulfilling human rights for every member of society.

The Scottish Government is committed to tackling the wasteful practice of discarding and we have set out our proposals to address this issue in our Future Catching Policy (FCP) consultation, which ran from 15 March to 7 June. The Future Catching Policy has co-management at the heart of its approach, recognising that we need to work in partnership to develop robust and workable practices to reduce unwanted catch of fish and bycatch of other marine species. This will help to reduce discarding as far as possible whilst allowing for limited discarding in certain circumstances under permitted exemptions. We do not have a target for the reduction in discards, rather we are focussed on eliminating illegal discarding, and ensuring that any discarding which does take place under permitted exemptions is properly recorded and accounted for to enable sustainable fishing activity to take place. This is in keeping with the current approach under the current EU/UK landing obligation.

A key component of the proposed FCP is to put in place additional technical (e.g. gear selectivity) and spatial (e.g. area closures to protect spawning fish) measures, designed to reduce unwanted catch further where required.The fishing industry is already heavily regulated, with many rules in place already designed to limit unwanted catch (for example, the use of square mesh panels in fishing nets in the west of Scotland Nephrops fishery, or the spatial measures within the North Sea Cod Avoidance Plan). There is scope to increase these measures through the FCP in a proportionate way.

We will be analysing responses to the consultation prior to confirming firm proposals later this year.

As set out in the answer to S6W-08824 on 8 June 2022, vessels are obliged to record both fish that has been discarded under a permitted exemption and fish below MCRS that is landed. We do not, however, have a separate electronic system in place which allows for recording specific discards under exemption rules separate to other discards (e.g. those which might occur for non-quota stocks not subject to the landing obligation or fish discarded because of force majeure). This is because the electronic system in use on vessels pre-dates the landing obligation.

The information provided below has been recorded and submitted to us by vessels and relates to species which are below the Minimum Conservation Reference Size (MCRS) and which are subject to the landing obligation because they are quota species.

We are unable to provide a species breakdown as some species were only reported by one vessel and may be disclosive.

Total discards recorded of quota fish below minimum size caught in ICES areas 4 and 6a in 2021 for all species, Scottish vessels landing anywhere.

The answer to question S6W-08058 set out the process whereby Marine Scotland Scientists produce estimates of unwanted catch calculated from information collected by scientific observers on board vessels to contribute to the fish stock assessment process run by ICES. Historically it was assumed this unwanted catch was discarded. With the introduction of the landing obligation, the majority of catch should now be landed, unless the fish are non-quota species or subject to a permitted exemption. In addition fish under the Minimum Conservation Reference Size (MCRS) cannot be sold for human consumption. The scientific observers do not try to differentiate between these different portions of catch, and instead group them together into a single category, called unwanted catch.

In terms of actual quantities of discards, under Article 15 of the retained Common Fisheries Policy (1380/2013) vessels are obliged to record both fish that has been discarded under a permitted exemption and fish below MCRS that is landed. Information on recorded levels of discards under permitted exemptions is provided in response to question S6W-08825 on 8 June 2022.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

This information is not held by the Scottish Government and will need to be requested through the respective Local Authorities. I can confirm however that we do not have any records of Local Authorities applying directly for support for organic farming under the Agri-Environment Climate Scheme.

Through the Scottish Land Fund, the Scottish Government provides ongoing support for communities to become more resilient and sustainable through the ownership and management of land and land assets. The Fund offers grants between £5,000 and £1 million to help communities take ownership of land and buildings and provides practical support to develop their aspirations.

In addition, the £50 million low carbon Vacant & Derelict Land Investment Programme (VDLIP) launched in 2021 will support innovative local approaches to tackling persistent vacant and derelict land and delivering new green infrastructure in support of our ambitions for a just transition to net zero.

With 20 successful projects announced from the first and second rounds of the £50 million low carbon VDLIP, applications are now open for the third round of funding.

It is available on a competitive basis to all Scottish local authorities and Clyde Gateway Urban Regeneration Company who are working with communities and other partners to bring forward suitable project proposals. The VDLIP complements the delivery of Place Based Investment Programme, helping to accelerate our ambitions around place, town centre action, 20 minute neighbourhoods, community regeneration, and community wealth building.

The draft National Planning F ramework 4 consultation closed at the end of March and responses are currently being analysed. It will have the status of development plan for planning decisions once adopted. The draft sets out six spatial principles to build a climate-conscious and nature-positive future. One of those principles is ‘compact growth’, this limits urban expansion where brownfield, vacant and derelict land and buildings can be used more efficiently. This prioritises the re-use of vacant and derelict land and redundant buildings. The draft also sets out that development proposals on greenfield sites should not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the development plan, and there are no suitable brownfield alternatives.

This information is not held centrally by the Scottish Government

We have an ongoing and unwavering commitment to land reform, and aim to bring forward a new Land Reform Bill by the end of 2023.

We will launch a wide-ranging public consultation later this year on proposals for the Bill. We remain committed to working with all stakeholders, including land owning interests and community representatives, to develop policy and legislative solutions to progress our proposals. We will be engaging widely on the proposals for the Bill, including through further public engagement.