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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 2 April 2025
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Displaying 730 contributions

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Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

I understand that, but I do not understand why you are asserting that it is not necessary to spell that out in the bill, given that, as I understand it, we spell it out in other legislation. Why not spell it out in this bill, too?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

So, there is nothing to prohibit such a test’s inclusion, then. It is just that at the present time how you have drafted the bill is your preferred option.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

You will be aware that, in its supplementary evidence to the committee and in its advice to ministers, the Scottish Land Commission made two recommendations on how the new commissioner should operate. The first is that the land and communities commissioner should consult the land commissioners and the tenant farming commissioner on their investigations before submitting a report or making recommendations to ministers. The second is that, if the new commissioner investigates breaches that pertain to the duties around land management plans and makes recommendations, they should consult the land commissioners and the tenant farming commissioner on their findings and recommendations. Are you minded to support those recommendations?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Part of the challenge is ensuring that land management plans are a meaningful process for communities to engage with and that they deliver greater transparency with regard to how land is going to be managed but in a way that is not unduly burdensome to the point that managing the plan is not practical. How do you envisage achieving that balance, given the competing tensions of what different people are looking for from land management plans?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Okay. Thanks.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Okay. Let us examine the approach to lotting that is set out in the bill. I understand that the transfer test will be a public interest test, but I still struggle to understand why we would not put on a statutory footing, through the bill, some form of public interest test duty for the factors that will be taken into consideration in decisions about lotting, for example. Why does the bill not set that on a statutory footing?

Net Zero, Energy and Transport Committee [Draft]

Appointment of the Chair of Environmental Standards Scotland

Meeting date: 18 February 2025

Michael Matheson

Good afternoon, Richard. You have been a member of the board since the setting up of ESS, as you mentioned in your opening contribution. What would you bring specifically to the role of chair of the board, if you were appointed?

Net Zero, Energy and Transport Committee [Draft]

Appointment of the Chair of Environmental Standards Scotland

Meeting date: 18 February 2025

Michael Matheson

You mentioned in your opening contribution that you thought that ESS had been doing well since it was established. What do you think it has been doing well, and not doing well, during your time on the board?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Okay. I will take that as you being open to persuasion on the possible timeframe.

I turn to the way in which land management plans are to be taken forward and who is to take them forward. As the bill stands, the land management plans are intended only for pieces of land of more than 3,000 hectares, and that is limited to single, composite and contiguous holdings.

The cabinet secretary will be well aware of the significant commercial holdings of land that are owned by companies and that are all under the threshold, although in some cases those companies are in the top five landholders in Scotland. They would be left out. They would not be covered by the existing definition of how land management plans should be applied. Has any thought been given to including aggregated or corporate holdings in a way that would allow us to make sure that we are capturing what are very significant landholders who, because of the nature of the parcel of land that they own, fall under the threshold for a land management plan?

10:00  

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

I do not understand why we cannot spell out in the bill what will be considered in the public interest test duty. Why can we not do that? We do it in other legislation, do we not?