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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 3 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 the thing. As Fiona Leslie outlined in her earlier responses, some small landholders might have wanted to do that or, at least, would have liked it to be considered. Fiona took part in direct discussions with small landholders. In broad terms, that was the direction of travel that they wanted to go in. Is that correct?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I do not want to get into too much of a battle about wording at this stage of the meeting, convener. Different questions were posed, some of which related to specific proposals, and some witnesses welcomed the proposals but felt that they could be made stronger in some areas. From reading through all that evidence, I think that the responses were more nuanced, but we want to listen to those opinions and see where we can strengthen the proposals in the bill.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

It is helpful to have the work and the report of the Scottish Land Commission about further additions or changes that it thinks would strengthen the proposals that are in the bill. I welcome that.

The committee has undertaken a number of evidence sessions since the bill was published, and we have been listening to the various views that have been expressed throughout, as I have already stated this morning. We have listened, and we are actively considering the proposals that have been put forward by the Scottish Land Commission. We are looking forward to considering its recommendations alongside the recommendations that will come from the committee in its stage 1 report.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We are considering that as well. I recognise that it came through quite strongly that going to the tenant farming commissioner to appoint a valuer should be the next option and not necessarily the place to start.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

As I said, work has been done on that and it will inform future guidance, which is the place to deal with that.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

That is one of the things that would depend on individual circumstances and whether a tenant has been given rights by the landowner to control the deer.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

There are a number of factors. The matter was part of the consultation that was undertaken, and we have outlined some aspects in the policy memorandum.

In other countries, interventions or obligations after the point of sale, or obligations on potential buyers, tend to fall into a couple of areas. We think that there is an example of authorisation of buyers in Australia, but that is more about national security risks.

There are alternative purchase models. The Land Commission has done work on the SAFER model in France, for example, whereby a public body or an interim body would buy the land, and the owner of the land would be compelled to sell. The body would hold the land for an interim period before determining use of the land.

We have introduced the transfer test and the lotting procedures as we have because we could not identify an option that would allow lotting to be applied where the test was on the buyer. That is why lotting will apply before that point.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Andy, do you want to come in?

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I come back to why we set out the provision in the way that we have, which is to ensure that bodies that report breaches have some experience in relation to land management and working with communities on the ground. We also wanted to guard against, and deal with, the potential for vexatious complaints. That is why we set out the bodies for reporting breaches in the way that we have. However, I have heard the evidence that the committee received, particularly from the Crofting Commission and other bodies, about what people feel should be on the list. Again, I am open to hearing the committee’s recommendations on that, although we have a power to add bodies to the list if it were felt that more should be added.

Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Again, I do not know whether you are talking about the valuation. Is that the specific point that you are getting at?