Official Report 1117KB pdf
The next item of business is consideration of motion S6M-15637, in the name of Mairi Gougeon, on the appointment of commissioners of the Scottish Land Commission. I invite Mairi Gougeon to move the motion.
Motion moved,
That the Parliament notes the Net Zero, Energy and Transport Committee’s consideration and recommendation of three appointments to the Scottish Land Commission at its meeting on 12 November 2024; welcomes the Committee’s recommendation that the Parliament approves the appointment of Dr Lucy Beattie and Dr Calum MacLeod as Land Commissioners to the Scottish Land Commission and the appointment of Robert Black as Tenant Farming Commissioner to the Scottish Land Commission, and approves the appointments as required by section 10 of the Land Reform (Scotland) Act 2016.—[Mairi Gougeon]
17:06
I am so sorry to keep members late on a Thursday, but I am afraid to say that the Scottish Conservatives have some very deep concerns about these appointments. I have two key points to make, but before I do so, I want to make it very clear that we do not question the working experience or qualifications of the candidates.
The committee report shows that the current Scottish Land Commission chair, Michael Russell, initially recused himself from the short-listing process for the Scottish land commissioner roles, given that he knew one of the candidates. However, the cabinet secretary subsequently decided that Mr Russell should be involved. Given that Mr Russell knew one of the candidates very well, that casts doubt on the whole process. [Interruption.]
Let us hear Mr Eagle.
Scottish National Party members are getting excited, because they know that I am right, but that is fine.
Secondly, information that is fully available in the public domain shows that one of the candidates listed was an SNP candidate in the recent general election. Another of the candidates has written extensively on a personal blog about land reform, expressing a very particular point of view, written on a pro-independence blog and produced a report for the Jimmy Reid Foundation, arguing that the land reform legislation—
It would be very helpful if we could hear Mr Eagle. Let us be courteous to one another.
—does not go far enough.
That matters, Presiding Officer, because it follows—you would not believe this—the appointment of long-term SNP MSP, Government minister and former SNP party president Michael Russell as chair of the commission. [Interruption.]
Members.
Even the former Scottish Green MSP Andy Wightman said that that was very odd. [Interruption.]
Members.
SNP members are getting excited, because they know that I am right. How can the cabinet secretary expect us—
Mr Eagle, I am going to have to ask you to stop for a moment. As is always the case when a member has been called to speak, I would very much like to hear the member. I know that each and every member would like to be listened to when they have been called to speak.
Thank you again, Presiding Officer.
In all seriousness, how can the cabinet secretary expect us to take the Scottish Land Commission seriously if there are doubts about the impartiality of the recruitment process and, more important, when some of the people involved clearly hold a political view?
The risk is that these appointments look like nothing more than nepotism. The process does not give confidence that it has been truly independent, and it makes the Scottish Land Commission seem more like a mouthpiece for the SNP’s policy direction than an organisation that is working in the best interests of the communities that it serves. All of that gives rise to the question whether, other than retaining in another agency the Scottish tenant farming commissioner, which does some good work, we should be honest and not keep the SLC at all.
17:09
I must begin by saying that Tim Eagle’s final comment was absolutely appalling. The Scottish Land Commission does incredibly important and powerful work and advises us on vitally important matters, so to make that suggestion and to politically grandstand on this issue is absolutely shocking.
I was going to begin by saying that I am grateful to the Net Zero, Energy and Transport Committee members for their engagement throughout the process and their careful consideration of the appointments. I very much welcome the committee’s recommendation to Parliament that Robert Black be approved as the next tenant farming commissioner and that Lucy Beattie and Calum MacLeod be approved as land commissioners. The committee was satisfied that the appointment process appeared to be adequately robust and that the nominees appeared to be suitably qualified. It has been a robust and independent process.
I can confirm that the ministerial appointment process has been fully adhered to, as have the statutory requirements relating to the appointment of commissioners to the Scottish Land Commission. Appointments to the commission are regulated by the Ethical Standards Commissioner, and this appointments process has been conducted in line with the code of practice for ministerial appointments to public bodies in Scotland. The parliamentary process that was to be followed on this occasion was agreed with the Net Zero, Energy and Transport Committee, following an exchange of letters with me.
I want to focus on the independent nature of the appointment process. I appointed a selection panel to carry out the process on my behalf, and it consisted of the deputy director for land reform, rural and islands policy at the Scottish Government; the chair of the Scottish Land Commission, Michael Russell; an independent panel member, Dr Patricia Armstrong; and an adviser from the office of the Ethical Standards Commissioner. Following my appointment of the selection panel, I delegated the creation of the appointment plan, the assessment and the undertaking of the fit and proper person test to the panel, which was entirely in keeping with the usual process for public appointments.
The code of practice requires that the selection panel should recommend only the most able candidates to the appointing minister. I did not have visibility of the candidates ahead of receiving the selection panel’s recommendations. I received a summary from the panel once the assessment was complete, as happens in all other ministerial appointment processes.
This is where I must address some of the falsehoods outlined by Tim Eagle in his unfortunately shocking statement. The panel sought advice from the Ethical Standards Commissioner because one candidate had stated that they knew of Michael Russell through attendance at a party-political event and because the same candidate had previously stood as a candidate at an election. Given that connection, the Ethical Standards Commissioner recommended that Mr Russell “consider” recusing himself from the panel. The advice from the commissioner’s office made it clear that the recommendation was entirely based on the perception that might arise from Mr Russell’s involvement, given the heightened interest in the appointment round, but it said that it had absolutely no doubt that Mr Russell would intend to fulfil his duties as a panel member fairly and competently.
Having considered that advice, I was content for Mr Russell to remain on the panel, given that he and the candidate had no personal or professional relationship. They had never knowingly met, and Mr Russell’s involvement in the recruitment was critical, due to his role as chair of the Scottish Land Commission and the number of roles that were being filled.
The open and transparent declaration and management—by the selection panel and by applicants—of potential conflicts was in line with the code.
I am sure that we can all agree that it is important to get these appointments right, and I believe that we have. We have undertaken a competitive recruitment process that was conducted in line with the code of practice for ministerial appointments to public bodies in Scotland and was regulated by the Ethical Standards Commissioner.
Following that, I am pleased to be able to recommend to Parliament two excellent candidates for the Scottish Land Commission and an additional excellent candidate for the role of tenant farming commissioner. I am confident that they will join the Scottish Land Commission and contribute their talents, knowledge and expertise, as do all other commissioners, and that they will make their contribution to work of the commission with integrity, passion, impartiality, transparency and enthusiasm.
With that, I recommend that Parliament approves the appointments.
The question on the motion will be put at decision time.
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Decision Time