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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 12 April 2025
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Displaying 521 contributions

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Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Rhoda Grant

So, drawing down any support, even in tier 1 and tier 2, could be subject to compliance with the code of practice; therefore, it is prescriptive.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Rhoda Grant

Which would be the code of practice. We are going round in circles. The code of practice is important.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Rhoda Grant

The policy memorandum states:

“The recommendations in the Code of Practice are expected to underpin good agricultural and environmental practice, as set out in conditions for area-based support for farmers.”

That is the crucial bit. People have to comply with the code of practice to get area-based support. It might not be said that everyone must do everything to the letter in the code of practice, but they will have to follow the code of practice as it pertains to their land to access area-based payments. That means that it is crucial that people understand what is contained in the code of practice and that they agree that it is practicable, otherwise they will not get their area-based payments. That is big.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

Amendment 168 would ensure that any changes to the muirburn season were properly scrutinised. I assume that the powers to change the muirburn season will be used in response to the impacts of climate change on nesting birds. It is right that such changes should be made, but it is also right that proposed changes should be laid before Parliament and consulted on widely.

Many members have tried to adjust the muirburn season in the bill. I have sympathy for Kate Forbes’s amendment 102, as we have heard that birds are already nesting by the end of March. Other members have sought to add flexibility to the season. I have some sympathy with that, given the impact of climate change, but I am concerned that, without robust scrutiny, such flexibilities could be abused. I believe that it would be better to deal with changes to the season under the code rather than in the bill. Therefore, my amendment 168 seeks to ensure that changes to the muirburn season will be properly scrutinised.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

Will the minister take an intervention?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

As my colleagues have done, I could ask that the minister might be willing to meet me before stage 3 to discuss the issue further, and I sincerely hope that he will do so, but perhaps he will also put on the record some assurance that any changes will be widely consulted on with all stakeholders, who will have an input to any changes that might take place.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

I am a little concerned that only the affirmative procedure will be used, given that there will be people who will need to be consulted. What reassurance can the minister give me that an order will be widely consulted on before it is put in front of the Parliament?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

There is quite a lot of concern that people could break the law on the land pertaining to the licence without the knowledge or agreement of the licence holder. It is about finding the right balance. Can the minister give assurances that NatureScot would have to be reasonably convinced that an offence had been carried out under the direction of the licence holder? They could obviously ignore things and turn a blind eye, which I believe would leave them guilty as well. However, can you give an assurance that, when offences are carried out explicitly against the will of the landowner, they will not have their licence revoked?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

My amendments in this group refer to the muirburn code, which is fundamental to the practices of licence holders. The Scottish Government has not given Parliament any indication of what the code will look like, so the amendments aim to ensure that, before it is enforced, the code is consulted on, scrutinised and evaluated by Parliament. I believe that that covers the amendments that have been lodged by Edward Mountain.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rhoda Grant

Amendment 172 is similar to previous amendments that I have lodged to try to bring a degree of scrutiny of subordinate legislation to the bill.

It is clear that knowledge of how muirburn affects peat and what different depths of peat mean for different management techniques will depend on the science, which is not clear at the moment. As is demonstrated by the array of amendments in front of us today, the minister cannot pretend that there will be consensus on that, even if the science becomes clearer. Therefore, the impact of any change in the depth of peat that is used in the definition must be properly scrutinised.

I fear that the minister is more interested in avoiding scrutiny than in saving parliamentary time. It is Parliament’s role to scrutinise the Government, on behalf of our constituents, so I hope that the minister will at least accept amendment 172.