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Chamber and committees

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 4 May 2021
  6. Current session: 13 May 2021 to 27 February 2026
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Displaying 2839 contributions

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Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 2

Meeting date: 4 February 2026

Jim Fairlie

There is talk about it, but there is no consensus on whether it is the right thing to do. A much bigger piece of work needs to be done to decide whether to expand beyond the crofting counties. Crofting was established in the first place because particular areas of land required intervention. I think that there has been agreement in every committee evidence session that more work needs to be done on crofting as a whole. Whether we extend croft land to other parts of Scotland should be decided in that process. I would very much push back on the aim of amendment 200 until we have clarity about whether extending crofting to other parts of Scotland is the right thing to do.

Rural Affairs and Islands Committee [Draft]

Crofting and Scottish Land Court Bill: Stage 2

Meeting date: 4 February 2026

Jim Fairlie

I completely understand that, but one thing that I have taken from my interaction with the crofting community is that there is a broad and diverse range of views on what people want out of crofting, and we have to give that real consideration. I point out that the work that our team has done has been phenomenal in getting us to the stage that we are at, but we are still talking about a bill that does not go nearly far enough.

If the members do not press or move their amendments, I am more than happy to have those discussions before stage 3, to see what we need to do in the next parliamentary session.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

Yes. I get that some responses were not entirely supportive. We do not have all the details about why some people were not supportive of the regulations, although we can hazard a guess. However, I am confident that we have done the required work to make sure that the FPN legislation that is in front of you today is proportionate.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

We will review that as we go along. I am looking at my officials, but I do not think that there is anything specific at the moment that says that we will look at them. If the SSI is approved, the fact that we have the power means that that will be a decision that will have to be taken two, five or 10 years down the line, depending on the circumstances at that time.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

I will turn to Eilidh Wallace to answer those questions.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

Currently, you would appeal to the authority that issued the FPN, but you would be dealing with a different person. If you wanted to appeal a notice that you had been issued by someone who had visited the farm or the hive, you would go back to the same authorising body, but a different person would consider whether the FPN was justified.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

Yes, the penalties are proportionate. By and large, people do not want to commit crime—they do not want to do anything wrong. There are any number of circumstances in which people might get themselves into a difficult situation because they have not done something, perhaps because they ran out of time or because other things are going on in their lives. Proportionality is about us saying that we can impose the FPN.

I believe that the penalties are proportionate and in line with expectations. If, however, there is persistent and repeat offending, that is a different conversation. We now have an extra tool in the box—issuing an FPN—that we can use if someone does not comply. If they get it once, that will probably be more than enough, because they will have to pay money out of their pocket, which they will not want to do. I hope, however, that people will just get on with doing the things that they need to do instead of getting an FPN in the first place.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

I will turn the question around. Do you have a concern about the early payment discount?

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

Okay. I see your point, but, as I said at the start, I hope that we will get to a position in which FPNs will not be needed, because the issues will have been resolved in the first place.

If early payment is an option, people might think, “Okay, I’ve crossed the line, so I’ll make an early payment to get this done, but I’m not going to allow it to happen again.” The SSI is not about prosecuting people for the sake of catching people; it is about allowing us to have negotiations with people in which we say, “This is the situation. This is the law that you have to comply with. We are giving you every opportunity to do that. If you do that, we’ll be fine.” We need to provide something to allow us to have that conversation.

Rural Affairs and Islands Committee [Draft]

Subordinate Legislation

Meeting date: 21 January 2026

Jim Fairlie

People might be in the guts of lambing and calving, so there will be circumstances in which people physically cannot make a payment.