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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 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

That is an important point. As you said, the committee heard evidence, which I have considered, that some landowners are already undertaking such work. There are costs associated with that, as we have set out clearly in the documents that are associated with the bill. The issue is how we balance the requirements, which comes back to why we have brought forward the proposals in the way that we have. As you said, a lot of people are engaging in that work anyway, so I would not expect the costs for them to be considerably higher than they already are. That is within the ranges that we have set out in the accompanying documents.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

It might make sense for a land management plan to take into consideration work that is already being undertaken on an area’s overall priorities. That could be considered as part of the wider associated guidance.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

On the first point about dealing with anonymity, the relevant section of the bill sets out provisions to protect the confidentiality of information that has been obtained on behalf of the land and communities commissioner in the course of their investigations. However, I recognise some of the dynamics that are at play here and, from listening to the evidence that the committee received, why the ability to be anonymous is of concern. I am happy to consider any particular views that the committee has on that.

I am sorry—I missed the second part of your question.

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 rationale for why the provisions have been proposed in the way that they have been in the bill. They are designed so that the land and communities commissioner can investigate a breach only if there is a report from one of the defined bodies in the bill. Ultimately, that is to try to balance the commissioner’s enforcing role with the Scottish Land Commission’s advisory role. However, from the evidence, I feel that people have generally felt—although some have disagreed—that the commissioner should have the power to have an investigatory role; I am sure that the convener will correct me if I am wrong. I am open to considering recommendations about that if there is a particularly strong view on that.

Overall monitoring of compliance will be critical. As we have discussed in relation to the other measures that the bill introduces, we need to ensure that what we are introducing is having the desired effect.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I am sorry—do you mean in relation to overall investment in the land or how to take those proposals forward?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Again, we have set the threshold at the level that we have in order to try to balance all those factors.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

No, I do not see why it should do that.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I hope that he can help, if I cannot.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I believe that we are taking important steps in that direction with the bill through a number of means. Looking back to the initial aims of the bill that the convener set out—what it proposes to do—one of the key issues, and the reason why we are introducing pre-notification, land management plans and provisions around those, is the need to increase transparency about land ownership and management and to enable communities to have more of a say in how the land on which they live and work is managed. The bill will enable that.

Because of the scale of some land transfers and the size of some landholdings, the land tends to be sold quite infrequently. We are also seeing an increase in private off-market sales. In previous years, about 60 per cent of estate sales were private and off-market. Sometimes the opportunity to utilise community right to buy mechanisms will have gone before communities realised that the land was becoming available for sale, because they had not anticipated that it would become available or because the land had already been sold, so they would not have had the opportunity to use their rights in legislation.

The steps that we have set out in relation to those measures will help with overall transparency and will enable communities to have another route into right to buy. There are also important provisions about the transfer test and the potential for the lotting of land where we think that it will have a positive impact on community sustainability. That has the potential to increase land supply and the diversity of land ownership in Scotland.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We would have to give greater thought to how that could be done and to the evidence base that we would use if that was to be the proposal.