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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 5 April 2025
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Displaying 5447 contributions

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Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

It is not the process of the consultation that is the issue here. At no point during the consultation was it suggested that the rules under which the national park might operate would change. That is the issue. There was no opportunity for constituents to respond to the fact that the rules under which their area might have to operate will change.

It is not an ideal situation; it is not an ideal scenario that the two things are working in parallel. One should have been done before the other. The Natural Environment (Scotland) Bill, with the national park changes, would preferably have become legislation before a new national park was consulted on, surely.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

Okay. Thank you. We move to our next topic with a question from Elena Whitham.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

What is the difference from the previous powers in the 1972 act?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

Will all the other powers sunset apart from the ones that you have mentioned? Will they be lost?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

On a practical basis, how can landowners or land managers protect themselves and ensure that they are not subject to an intervention? The scope of the target is extremely wide and covers many different areas. Someone might have a piece of land that could be managed for preservation of internationally recognised peat bogs, heather or various species, but that might be at odds with promoting woodland enhancement. How are you going to decide what features are going to be the prominent features that you want to protect? How can landowners ensure that, as they go about their day-to-day work, they do not inadvertently trigger a legal intervention on the basis that they are preserving nature or a certain species in a way that NatureScot or whoever does not agree with?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

In practice, that could mean fining someone who sets up a barbecue or campfire during a certain period in the year when that could be dangerous. Is that the sort of practical implication?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

That concludes our questions absolutely bang on time. Thank you very much for joining us and for your succinct and informative responses to our questions.

I suspend the meeting for 15 minutes, after which we will look at part 4 of the bill.

10:30 Meeting suspended.  

10:44 On resuming—  

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

I ask for clarity on exactly where the responsibility lies. The bill states that, if a deer notice is to be issued, it is to be issued to the landowner and/or the manager. If a landowner has an agreement in place, whether that is a tenancy, a stalking licence or shooting rights, is the notice issued to the people with the stalking or shooting rights or to the tenant? By default, if there is no agreement in place, does the responsibility land with the landowner?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

I am still unclear. If I own a piece of land and have a tenancy agreement in place, and if deer that are on my property cause road accidents, stray into another area or eat trees, where does the responsibility sit? In the absence of some agreement about who is responsible—it might be the tenant or the person who has the shooting rights—does it default to the landowner?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 5 March 2025

Finlay Carson

I will bring in Ariane Burgess to ask a supplementary question on the response to Elena Whitham’s question. After that, I will bring in Tim Eagle and then Emma Harper.