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I think that my supplementary question has been answered.

The code is part of the overarching aim of the bill, but it is a tool, so it is not prescriptive—is that what you are saying? How will you achieve the overarching aim of the bill if the code is not prescriptive?

Would you allow somebody who did not comply with the code of practice to draw down funds under the scheme?

Cabinet secretary, you are not really giving us any reassurance on this incredibly important issue. I think that we all understand why you have not put a definition in the bill, but what you are saying would sway us towards having a definition in the bill. You are saying that the definition in the code of practice will not be scrutinised but that it should and would underpin the future development of how people access funding.

I ask again, how will the code of practice be consulted on and overseen? From what I can figure out from the bill, it will be laid before Parliament for no other reason than for information. Should the definition be scrutinised by Parliament much more thoroughly?

I am glad that the minister has heard the concerns about this part of the bill. I understand the frustration that is felt by SSPCA officers who are called out because of animal welfare concerns and who are unable to do anything, despite seeing illegal activities. However, there are also concerns about empowering a third sector organisation to provide law enforcement.

I lodged my amendments 141 and 142 to ensure that the issue will be looked at and that there will be no unintended consequences, but I take on board what the minister has said about considering the matter before stage 3. I will be pleased to do that, so I do not intend to move amendments 141 and 142. I look forward to those discussions.

I do not think that anyone disagrees with that. The issue is about who will oversee that, what scrutiny is available, and what changes can be made to ensure that there are no unintended consequences. I do not think that the very light touch in the bill is sufficient.

I understand what the minister says about burdens on the Parliament. However, the trouble is that we have so much enabling legislation, in which powers are set out to introduce measures through secondary legislation, but without a promise of scrutiny on the use of those powers. Given that I have lodged a number of amendments in the same vein, is the minister willing to meet me to discuss an amendment at stage 3 that would make sure that there is adequate consultation, that stakeholders are consulted and that there is scrutiny of any changes through secondary legislation? That would give people confidence that they will not be railroaded into anything that does not work properly for the industry.

My amendment 151 refers to issues that are to be taken into account when granting a muirburn licence on peat. The bill states that muirburn can be allowed only if there is no other option for the management of a fuel load. In evidence, we heard that although cutting kills plants, it does not deal with the fuel load and, indeed, decaying vegetation can often be more flammable. Therefore, my amendment would allow muirburn on peatland for managing fuel load.

Amendment 151 aims to ensure that the prevention of wildfires is taken into consideration in considering a muirburn licence application. Alasdair Allan’s amendment 97, which he has just spoken to, seeks to do a similar thing. I believe that both amendments would work well together, and I urge members to support them.

The committee had a useful session on Monday with small-scale producers. It was clear that they do not get a huge amount of Government support, especially those with properties that are under 3 hectares. They told us that they are sequestrating carbon. A lot of them are carbon negative and get nothing for that. Although they do not want carbon trading, they are very keen that the work that they are doing is supported, especially when considering things such as local food networks. How will you support the small operations that are putting an awful lot back into their communities and helping with our environmental targets?

Okay. That means that the code is prescriptive. Will it be laid before Parliament? Where is the oversight? Who will be involved in its development? How will it be monitored and evaluated? Where is the consultation on what it contains? It appears to me that there is no subordinate legislation governing this at all. It is important enough that it should be subject to at least the affirmative procedure.