Official Report 207KB pdf
The next item on the agenda is the draft national parks bill. Members will be aware that the draft bill was published by the Executive in January for public comment. We have invited officials from the Executive, and from Scottish Natural Heritage, which was commissioned originally to advise the Government, to take us through the background to the proposals. Members will have received a briefing note that was issued by SNH last August. It outlines the proposals that were put to the Executive.
Are not we supposed to appoint rapporteurs to the Transport and the Environment Committee today?
We will do that before the end of this agenda item. I invite Mr Ian Jardine and Mr Peter Rawcliffe from Scottish Natural Heritage to take us through the background. Thank you for attending, gentlemen. I propose to allow you as much time as you need to run through the issues; I will then open the discussion for questions.
I will make some brief remarks about the involvement of Scottish Natural Heritage and the process that led up to our advice to the Government, which was published in February 1999.
Thank you. I hope you realise that we are on a steep learning curve as far as the national parks are concerned, but that we are very keen to learn. Please feel free to lead us in the right direction.
You mentioned that Scotland was coming to national parks somewhat later than other countries, but that we should consider them in an individual way, and that there should be something unique about Scotland's national parks. What are the significant differences between the draft bill and the legislation that set up parks in England and Wales?
The point about parks in Scotland having a social and economic purpose is different from the parks in England and Wales, and probably different from most national parks in Europe. In the modern context of sustainable development, we felt that that was important.
As planning authorities, the park authorities in England and Wales are much more like local authority bodies. The draft legislation tries to define a new type of body in Scotland.
Did you take much account of the situation in other countries when you formulated your recommendations in your response to the draft? Did you consider the management of the parks and the people involved in that? Did you seek the views of the people who live in the national parks, on the way in which the parks are run and whether they had improved their lives?
We did a certain amount of work on that and published some research reports on the experience of national parks in other countries. We tried to discover what lessons we could learn, but we were mindful that we were not allowed to copy from anywhere else. We attempted to analyse experience from elsewhere without necessarily importing any of it. That extended to examining the experience of parks in other European countries, such as the French regional parks. They use a different model, in which people in an area elect to have that area made a park. They can also elect to remove that status. We looked at various models from elsewhere.
You think that some areas will have planning powers and that others will not. Do you have particular areas in mind? Can you indicate which areas would fall into each of those categories?
In Loch Lomond and the Trossachs, a great number of issues about the management of the area, in terms of its infrastructure and built structures, have more to do with planning powers.
I want to ask how various interest groups would be represented on a national park authority. The bill suggests that half the representatives should be appointed by local authorities and half should be appointed by Scottish ministers. What feedback has SNH received from the various stakeholders and interest groups about how that mechanism would reflect the diverse interests of those who want to participate? I ask that in particular in relation to the four main aims of the national parks.
That is what the bill proposes regarding nominations to the park authorities. I must duck the question and suggest that the Scottish Executive should explain how that formula was arrived at.
Your answer highlighted a point that I wanted to mention. Are there substantial differences between SNH's advice and the draft bill on any other area?
The secondary legislation might sort out any differences, such as the one that has been mentioned. There are no major differences. The board of SNH has still to formulate a response, so I must be careful. I am speaking merely as an official. SNH's view is that, by and large, the bill reflects our advice to the Government. There are some differences in the wording that has been used in the draft bill. We might come back to those differences because, inevitably, we felt that our wording was better. We would like to explain why.
What are your job titles in SNH?
I have the unilluminating title of director of strategy and operations east. Do you want me to explain what that means?
No, that is fine.
I am blandly called a national strategy officer.
It is useful just to know to whom you are speaking.
Although we will continue to have our statutory responsibilities within those areas, we have recommended that bodies such as SNH should be able to delegate some powers to the park authority. SNH could stand back and let the national park authority run some areas.
Does that mean that you will delegate those powers, or surrender them?
It is phrased as delegating powers. The view was taken that bodies could decide to pass their powers to the national park authority where that made sense, and that idea comes through in the bill.
That is an interesting point. If SNH were unhappy with the way that the national park authority was discharging powers that it had delegated, would it step in?
We are now well into the realm of hypothetical situations. I think that SNH would step in if that happened. If SNH had a statutory duty to do something, and we felt that that duty was not being carried out in line with our statutes or obligations, there would have to be a system to allow us to take back those powers.
So the national park authority will be quasi-independent?
No, the authority will be independent. It will have its own powers, which will be given by statute. However, we hope that people will feel that the best solution is for the national park authority to run these areas. As a hypothetical example, the management of national nature reserves is SNH's responsibility. However, if a park authority had various statutory powers such as managing land within a national park and employing rangers, it might make sense for SNH to say that the authority is better placed to manage land declared to be a national nature reserve. In that case, SNH could delegate that power or contract the national park authority to carry out that duty.
How much scope is there in secondary legislation to make national parks individual? Could the make-up of the authority be made quite different for each national park?
From my reading of the bill, national parks could be quite different under secondary legislation, and SNH's advice was to try to preserve that. For example, one national park could be a planning authority, another might not. Secondary legislation could mean a different system of representation on the park authority for different areas.
You referred to the suggestion that there could be marine national parks, and I know that the minister is considering the idea that there could be a totally marine national park. Have you examined that concept? The legislation surrounding the marine environment is rather different, and different interests are involved. How much consultation has there been with representatives of marine interests?
We have considered the issue. Responses to the consultation exercise came mainly from non-governmental organisations. I do not know whether other marine interests such as fisheries responded.
They did not.
No. We did not receive representations from any fisheries organisations. We have not treated the issue in as much depth, partly because there were not so many other examples to study as there were for land-based national parks, and partly because time was limited and marine legislation is complicated. We have not analysed the marine legislation in quite as much detail as we have analysed the other legislation.
I am happy that there is enabling legislation in the bill, but will there be adequate consultation? When secondary legislation is introduced to designate an area as a marine national park, will there be thorough consultation with the fishing industry and with other interests that might not have thought at the time of the initial consultation that national parks would affect them?
I will not try to interpret the legislation, but the draft bill contains provisions requiring the minister to publish a proposal and appoint a reporter to consult all the relevant interests. For a park with a marine component, that would have to include fishing interests. That is certainly my reading of it.
We are progressing into the areas in which we will need answers from the Scottish Executive rural affairs department representatives. Are there any further questions specifically for SNH?
At the risk of getting my knuckles rapped for straying out of the suggested area of debate—
Perish the thought.
My question concerns sport shooting and other activities that currently take place within the boundaries of the proposed national parks. What safeguards have been built in to protect that sort of activity? Once the national park boundary has been established and the principle of the national park accepted, it becomes a public place. Under current legislation, firearms and other weapons may not be presented in a public place without being under cover or in a sheath of some sort. Has anybody raised the question of building in safeguards?
As far as I am aware, no one has made that specific suggestion. The bulk of the Cairngorms area is already a national nature reserve. That may make it as much of a public place as a national park would be, yet sporting activities have been carried on in the Cairngorms since the declaration in 1954. As far as I am aware, no one has challenged it. The point has not been raised with us.
Does the national nature reserve have the same sort of designation as a national park?
I cannot answer in legal terms, but it is a statutory designation. The Cairngorms is de facto a public place. There are rights of way and long-distance routes through the area. As far as I am aware, there has never been an issue of having to control sporting activities for those reasons.
I wish to return to Irene McGugan's point. You mentioned that you had spoken to people living in national parks elsewhere. Did they express any reservations?
We did not speak to people in those areas. We commissioned research reports on various aspects of national parks elsewhere. There was some direct contact. We funded farmers from the Cairngorms to go to France to find out what farmers in regional parks there thought about those parks, so there was that kind of exchange. I am not sure whether there were direct consumer or customer surveys in other national parks.
Our research picked up issues that can be simply articulated. If local people are not involved in the management of these places, tension can build up. The lesson from elsewhere is that to have a successful park, local people have to be involved in its governance and management. That is part of our advice.
We can point to bad examples, where national parks were designated on narrow grounds and local people objected to them strongly. In some countries, people effectively prevented Governments from establishing national parks, because local interests were not involved and there was no recognition of the socioeconomic impacts. French regional parks are interesting, because there is a system to vote the regional park away if people do not want it any more. As far as I am aware, that has only happened once. I cannot remember how many regional parks there are, but it is a fair number, which suggests that the majority of people who live in the parks are content that they provide a benefit.
Did you consult people who are living in potential national parks in Scotland?
Yes. We focused particularly on the two named areas, although there were some meetings with community councils elsewhere. We organised a series of local meetings. In the Cairngorms, it was felt that it would be best to hold separate meetings with each community council, so there were 23 public meetings throughout the Cairngorms, at which people could express their views. The reports of all those meetings are published by SNH. Inevitably, there is a mixture of views in those reports. Some people are strongly in favour, and some people have serious reservations.
On the matter of representation, in your researches into national parks in other countries, did you come across any where the equivalent of the authority was democratically elected?
I am not aware of any.
So that would be an exciting first step to take.
It would be different. I think that there are examples where there is a mixture of appointed and elected representatives, but I am not aware of any that are entirely elected.
If there are no more questions for the gentlemen from SNH, I thank them for coming along and answering our questions. You have been most helpful. Who knows? We may have to call on your help again.
Thank you, convener. It is a great privilege and pleasure to appear before the committee this afternoon.
I work in Andrew Dickson's division and I am head of the national parks bill team.
I will say a little about the draft bill and its approach, although I ask members to forgive me if I repeat some of Ian Jardine's comments. As he said, the draft bill largely represents the transfer into legislation of the main parts of the advice that we received from SNH.
Thank you. I will open up the meeting for questions.
When can we expect a summary of the comments made during the consultation exercise? I feel that we will be pushed for time, so the sooner we can get that summary the better.
Time is indeed very tight. I will ask Jane to respond to that question.
The consultation is due to end on Friday. We have been summarising the responses as we have gone along, so I hope that all we will have to do is to add the last few responses. Ministers will be considering that next week, so I hope that the summary and report on the consultation will be available fairly soon. I am sorry, but I cannot give you a precise date.
Does "fairly soon" mean in a couple of weeks or at the end of March? What do you reckon?
It has got to be before the end of March, so I would like to think that it will be in the next few weeks. I should add that I am talking about a summary of the responses. The individual responses will be publicly available, according to normal practice.
When do you think that the individual responses will be available?
I expect them to be available at the same time as the summary.
I appreciate that the matter is still under consultation and that this is not the final bill, but perhaps you can comment on the method on which representation on the authority is based. Do you think that it will satisfy the desires of all the likely participants and stakeholders in the national parks? Now that we are focusing more on the possibilities of the marine environment, have you had any response on the concept of a marine national park? I realise that the consultation process is on-going.
We have received a large amount of comments on both those matters. Clearly, in each potential national park area, many interested parties will want to be represented on the national park body. That may vary from one national park to another—there may be a difference between a marine national park and a terrestrial national park. The designation orders will be flexible enough to allow that to happen. However, it is clear that within the bounds of membership of a park authority there are unlikely to be enough seats round the table for every interest group. A judgment will have to be made in each case.
Have you had responses from organisations relating to fisheries and the marine environment?
I am not sure about fisheries. We have heard from people with an interest in marine areas and from marine conservation bodies.
To my knowledge, we have not yet received anything from organisations with an interest in fisheries. However, there are a few days left. We have had a few comments on the World Wide Fund for Nature's petition that presses the case for marine parks.
The advisory group has been designed to encourage local people to participate. What powers does the group have? Is it just a sounding board or does it have some input?
If the word "advisory" is going to mean anything, the national park authority will have to seek the group's comments on specific issues. It would be for the advisory group to volunteer comments if it did not like the way in which the national park authority was running things. No very formal powers are proposed for the advisory group. Nevertheless, the group is considered to be an important part of the policy jigsaw.
In the consultation process, did any residents of the two areas say that the national parks authority—which, of course, will be a quango—should contain directly elected representatives? Was there a groundswell of opinion in that direction?
It is difficult to say whether there was a groundswell of opinion, but the idea was certainly mentioned. I do not want to pre-empt the decisions that will be made in the light of the responses that are received.
That sounds like a top-down approach. When the committees are formed, people will be appointed to them by the national park authority.
That is the case, but the efficacy of the committees will depend on the extent to which they reflect the community. If a national park authority appointed an unrepresentative selection of people, the committee's effectiveness could be diminished.
Is it envisaged that the people who are appointed to the national park authority by ministers will be people who represent the area?
The bill is not specific on that, but it says that the necessary qualification for any member to be appointed to a national park authority is knowledge or experience relevant to the functions of the national park authority or the national park. That does not rule out the appointment of someone who has expertise in a relevant area but who happens to be based outside the national park. We do not want to be too narrow in our definitions.
I take it that there is significance in the fact that the bill deals with national parks. It was interesting to hear regional parks being mentioned. Presumably, the intention behind having appointed—but not locally based—people would be to protect the parks' national character and to bring in expertise at a national level. Is that a fair comment?
That is certainly a possibility. As I have mentioned, the bill as drafted allows for a fair degree of flexibility.
Are there any more questions? You may have been warned about this—I think Elaine Murray raised it at a previous meeting: can you tell us what "infeftment" means?
It means someone completing title to heritable property by means of recording their title to land at the registry of sasines or registering their title at the Land Register of Scotland.
We will treat the bill in a new light now.
It is a technical term that we did not feel we could change.
Richard Lochhead has pointed out that section 12 of the draft bill—
It is a very well-attested bit of legal drafting that can be found all over the place in statute. It has considerable force: any other public authority would, under the requirement to have regard to national park plans, be accountable for how it behaved in relation to the plans and could not do anything that ran counter to some important element in them. It is a matter for possible debate and consideration by ministers. Whether to go a little further than that may have come up in consultation, but that is the wording at present.
Are there any other questions? Are we all experts on the subject now?
What about appointing a reporter?
Sorry. Well spotted.
We have moved on to the next agenda item.
No, I think that we will happily retrace our steps.
I suggest Elaine Murray.
I suggest Irene McGugan.
Any other suggestions? I think that we can safely say that we have two volunteers, so we ask them to do that job on our behalf. Thank you.
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