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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 4 April 2025
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Displaying 1931 contributions

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Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We had to introduce the provisions in the way that we have to ensure that the transfer test will take place at that point. That is not to say that all the land that goes through the transfer test would necessarily be lotted. That might not always be the case—there is a whole process that is set out in the provisions of the bill. There could be a transfer of land at scale.

What we are providing through pre-notification is, first of all, a route for communities to enable that to happen. However, if land was to be transferred that had not been lotted and that was above the threshold, any new owner would be expected to undertake the requirements that we are looking at through the land management plan provisions and community engagement.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Ultimately, we listened to the views that were shared through the consultation. It was felt that there was a broad need for the provisions on a model lease to be introduced. It is important that we bring that forward because there are some types of land management that people—whether they are in community groups or environmental organisations—would like to be able to undertake but the type of tenancy that would enable them to do so is not currently in place. That is where the model lease provisions have come from.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I come back to the comments that I made when we discussed the part 1 measures. There are issues to address in crofting, not least with vacant crofts, which we need to try to do something about. Legislation is coming forward to address the key issues that have been identified for crofters. It is important that we deal with that and address those issues through that legislation before we take any further steps.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I ask Andrew Crawley to provide clarity on that. I believe that there is not necessarily much difference between the two.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Yes.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I am aware that an issue has been raised with us, and I am more than happy to follow up with the committee on that. NatureScot has been adding conditions to the licences to try to address the issues that have been raised. We are considering the issue further, but I do not anticipate the bill being the vehicle with which to tackle it. Again, more work needs to be done to find out whether a solution is needed beyond what has already been put in place, and what that solution might look like.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Of course we want to consider any unintended consequences. I will bring in Fiona Leslie on that.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We are listening to concerns that have been expressed about that potential. The only provision that we have at the moment is that, if land were to be lotted, a person could not buy multiple lots. We must be alive to potential loopholes—we want to avoid them wherever possible. We might need to take other factors into consideration, because we want to ensure that the measures that we introduce have the intended effect.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I have referred to the public interest test. The key question is about increasing diversity in land supply. Will the provisions be positive for the community, and will they improve community sustainability? We have had to frame our consideration in that way, because certain conditions must be met when a public interest test is introduced. It is important that considerations are about the evidence, the basis of what we are doing, the proportionality of what we are introducing and the aim of the measure. That is why the test will apply at that point, rather than conditions or obligations being put on a future buyer.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Ultimately, the bill is about increasing diversity in land ownership.