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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 4 September 2025
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Displaying 2161 contributions

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Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

Public interest encompasses collective needs, values and interests of society as a whole rather than those of individuals or specific groups. The expression is to be understood and applied contextually. What constitutes public interest in different situations may be different. It may also evolve over time. For example, at the moment, a significant interest for the public at large is the concern about biodiversity loss and climate change. However, other public policy considerations might be relevant to any given decision, which requires NatureScot to take a very holistic approach to its decision making in relation to deer.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

I do not understand. We have already said that it will be set out in the code of practice.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

The public interest will be proportionate to the area, as I said in my previous answer. It would be entirely different in west Perthshire from what it would be in lowland Scotland or urban Glasgow. It is not about the proportionality of the approach from Government or the legislation; it is about how NatureScot then defines that with the people who it is bringing those plans into place with. Does that make sense?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

When you say the deer groups, are you talking about the deer management groups?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

Do you mean that the deer management groups think that their concerns about how they make a living would be overlooked in favour of a restoration order? I apologise if I am being dim here. I am just not quite getting your point.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

That makes sense to me now, so thank you for the clarification.

That is the whole point of the public interest test—when we talk about the public, we include those deer managers. They are part of the community in which they are living. Therefore, cognisance would have to be taken of all of that during any public interest test. Whether it is low or high ground, all those considerations will have to come into play.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

I do not think that there will be any conflict of interest. The rationale for having a NatureScot person on a panel is that, if NatureScot has a level of expertise in a particular area, it can then be part of that panel. I am not sure why there is a concern around that, and I am happy to hear the committee’s views on that. The panels are there to do what the panels are there to do, and if NatureScot can add to a panel’s ability to do its job, I am not sure why there would be a fear of a conflict of interest.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

NatureScot is a public body. It therefore has a duty, and it must act reasonably and with impartiality when carrying out all its duties. Furthermore, deer panels have to be approved by the Scottish ministers. If the panels must be approved by a Scottish minister, if NatureScot has to comply with the duties upon it, and on the basis that everything that we are trying to do under the proposed legislation is to make things better—as everybody agrees we want to do—I am not convinced that there is a concern. I was going to say “legitimate concern”, but it will be legitimate to people at the time. I hope that we are giving some comfort on the basis that the proposal is not meant to create an issue; it allows us to get the best advice possible on deer control at every opportunity.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

It is purely to give flexibility, rather than saying, “Right—we can review that in 10 years’ time, so even if something happens two years from now, we cannae really review it until then.”

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Jim Fairlie

There has been only one section 8 scheme, which was signed off very recently. There may be some increase in the number of interventions, but I do not envisage them growing to the extent of requiring the use of section 8 powers.

One of the beauties of the current system is the staged process. There has to be consultation, conversation and persuasion, which is far more important than getting to a point at which we look at forcing somebody to do anything. NatureScot does that anyway. I will try to find the exact numbers that we have—