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Reducing the threshold to 500 hectares would bring in a lot more crofting estates. Is that correct?

I want to ask about Aarhus convention compliance. Is there any sanction for not meeting the terms of that important international agreement? The Government was not in compliance in October. I think that that was the most recent deadline that passed. What happens now, as a result? Is it just a bit embarrassing, or do you work towards some strict monitoring deadline that is enforceable through the convention? Will you explain to me how that works, because—

Do witnesses have any comments about the specific proposals for ministers to lot estates or about the process behind that?

What would you say about having a transfer test for the seller instead of a public interest test for the buyer?

So you would have preferred to have had a public interest test.

Okay—there is no fixed date, but there is a kind of work plan.

I understand that, and I presume that the right to appeal will be with the regulator, if there is an environmental issue. I am interested in a situation in which there might be a very localised case—it might be the only case in Scotland—of a pollution incident, for example. There might not be a way to adequately seek justice in that case and the case might point to the need for a change in the law, or for the regulatory body to regulate in a different way from how it currently discharges its duties. ESS might have gone through the complaints process with the regulatory body and not got anywhere, so it might think that it could look at whether the body is regulating effectively and whether there needs to be a change in the law. Is that not a difficult decision for ESS to make right now? It would still just be one case. Where is the discretion in that?

Has the Scottish Government given the ACCC a date—by the end of this parliamentary session, the end of this year or the middle of next year, for example? I understand that the Scottish Government is nestled within the UK, as the signatory state, but what is the Scottish Government’s commitment to meeting the terms of the convention? Have you given a date for when that will happen?

That is fine.

Much of the development of land management plans will follow the guidance that will be produced. I am interested in hearing whether there needs to be specific guidance in relation to crofting estates, given the mixture of inby and common grazings and the complexities of getting joint action together.