- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 1 July 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into the likely effect on salmon fishings of the existence of the provisions to acquire salmon fishings compulsorily in Part 3 of the Land Reform (Scotland) Bill and, if so, whether it will publish this research.
Answer
No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 05 June 2002
-
Current Status:
Answered by Ross Finnie on 19 June 2002
To ask the Scottish Executive what compensation will be paid to the owners of salmon fishings, sporting rights and mineral rights for any immediate losses in the market value of their holdings as a consequence of the absolute right to buy under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Tuesday, 28 May 2002
-
Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Tuesday, 28 May 2002
-
Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Tuesday, 28 May 2002
-
Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 23 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why communities should be given the opportunity by Part 3 of the Land Reform (Scotland) Bill to purchase land compulsorily in order to utilise it in a holistic fashion if this were to cause land severance and deny the present owner the ability to manage his land in a holistic fashion.
Answer
The objective of land reform is to remove land-based barriers to the sustainable development of rural communities. It is not expected that crofting communities will wish to exercise the crofting community right to buy unless the current ownership has proved to be just such a land based barrier. An application by a crofting community body to exercise the right to buy land will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. It is, of course, open to any landowner to seek to avoid problems of severance by either utilising the provisions of section 76 of the bill or negotiating a sale of his/her property to the crofting community. In addition, if a successful application results in severance and depreciation of other property, section 85(6)(a)(ii) of the bill provides that the price paid should take account of this.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which salmon fishings in Scotland are "eligible croft land" within the meaning of the expression in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why it has defined the expression "public interest" in section 71(2) of the Land Reform (Scotland) Bill to include any sector of the public, however small.
Answer
This provision is to protect the interests of small groups of people whose activities and property would be affected by an application but who are not necessarily a party to the application. For example, it would protect the interests of an individual crofting township where an application is made in respect of a wider area of croft land which includes their land. Conversely it could also protect interests outwith the area of land covered by the application where a change in the ownership of the land covered by the application would have an adverse impact on them.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how the word "contiguous" in section 65(2)(d) of the Land Reform (Scotland) Bill is to be construed where part of the length of a salmon river abuts croft land at one of its banks.
Answer
The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.