Seòmar agus comataidhean

One of the provisions is on the creation of land management plans. It sets out some of the objectives of land management plans in helping to support sustainability, the achievement of net zero and so on. It does not expressly state anything about crofting. Is such express provision needed? If so, should that be in the bill or should it be dealt with through regulation?

Cabinet secretary, before I bring in Douglas Lumsden, I note that both you and Monica Lennon mentioned that a natural environment bill is to be introduced. In the consultation on that, an independent monitoring body was suggested. Do you envisage that that body would be Environmental Standards Scotland?

I call Douglas Lumsden.

Agenda item 2 is an evidence-taking session on environmental governance. The committee has previously taken evidence on this matter in relation to the Scottish Government’s environmental governance arrangements report, which was published back in June 2023. The Scottish Government has now consulted on those arrangements, and it submitted a statement to Parliament on 19 November, outlining the consultation process, summarising the responses and presenting ministers’ recommendations. In our evidence session today, we will explore environmental governance further in light of that statement.

I am pleased to welcome to the meeting Gillian Martin, Acting Cabinet Secretary for Net Zero and Energy, and, from the Scottish Government, Tim Ellis, deputy director of future environment, and Charles Stewart Roper, head of environment strategy and governance unit. We will move straight to questions from the committee, and I will get us started.

The Government’s statement on environmental governance in November recognises that there are issues with the operation of such governance at present, particularly when it comes to access to justice. However, it appears from the outcome of the review process that little has been given in the way of options to address what seems to be a gap with regard to environmental governance and access to justice. Can you explain to the committee why, now that the issue has been identified, there appears to have been a lack of action in addressing it?

Okay. Douglas Lumsden is next.

That is very helpful.

I thank the cabinet secretary and her officials for attending today, which has been very helpful. The committee will consider the evidence in private later and will consider next steps.

I suspend the meeting to allow for a changeover of witnesses, and intend to restart the meeting at 10.25.

We are slightly ahead of schedule, but that will allow us to ensure that the next group of witnesses is here.

Donna, from the federation’s perspective, would your members be in favour of a requirement to implement land management plans?

It feels as though your challenges with the various layers of crofting legislation over many years have coloured your view of framework legislation and giving more flexibility to adapt to changes as and when necessary.

Andrew Thin has indicated that he wants to say something.

Expansion of the list and setting a threshold for complaints in order to deal with vexatious complaints and so on brings us on to gatekeeping of that process—which brings me on to the land and communities commissioner that the bill sets out. Should the land and communities commissioner have a monitoring role when it comes to land management plans, and should they be responsible for setting the threshold?

I am tempted to come to you first, Andrew, as a commissioner, so that you can give us your experience. What is your view on that? Do you think that the proposed commissioner should have that role in monitoring the implementation of land management plans, and that they should also be responsible for setting the threshold for what would be classed as an acceptable complaint?

Gary Campbell, should the role of the proposed land and communities commissioner sit much more with the Land Commission than with an individual commissioner?