The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 896 contributions
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
It has been raised with me that proposed new section 16AA(8)(b)(ii) of the Wildlife and Countryside Act 1981, which section 7 will insert, means in practice that a licence may be revoked due to wrongdoing by a person who is outwith the licence holder’s control—someone who is not contracted by them or an employee. An example is a farmer who is a tenant on the land. My amendment 133 is intended to make it clear that a licence may be suspended or revoked only if the licence conditions are breached by the licence holder or by somebody who is in their employment or under their direction.
I support amendment 81. The bill will make section 16AA licence holders reapply every year, which is not sustainable. Given that a licence may be revoked, I believe that a five-year licence would provide the best balance, and I believe that there was broad consensus on that.
I have sympathy with what amendment 125 seeks to add, but I am concerned that it would remove from the bill safeguards on adherence to the code of practice.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
So, drawing down any support, even in tier 1 and tier 2, could be subject to compliance with the code of practice; therefore, it is prescriptive.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
Which would be the code of practice. We are going round in circles. The code of practice is important.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
The policy memorandum states:
“The recommendations in the Code of Practice are expected to underpin good agricultural and environmental practice, as set out in conditions for area-based support for farmers.”
That is the crucial bit. People have to comply with the code of practice to get area-based support. It might not be said that everyone must do everything to the letter in the code of practice, but they will have to follow the code of practice as it pertains to their land to access area-based payments. That means that it is crucial that people understand what is contained in the code of practice and that they agree that it is practicable, otherwise they will not get their area-based payments. That is big.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
Amendment 168 would ensure that any changes to the muirburn season were properly scrutinised. I assume that the powers to change the muirburn season will be used in response to the impacts of climate change on nesting birds. It is right that such changes should be made, but it is also right that proposed changes should be laid before Parliament and consulted on widely.
Many members have tried to adjust the muirburn season in the bill. I have sympathy for Kate Forbes’s amendment 102, as we have heard that birds are already nesting by the end of March. Other members have sought to add flexibility to the season. I have some sympathy with that, given the impact of climate change, but I am concerned that, without robust scrutiny, such flexibilities could be abused. I believe that it would be better to deal with changes to the season under the code rather than in the bill. Therefore, my amendment 168 seeks to ensure that changes to the muirburn season will be properly scrutinised.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
Will the minister take an intervention?
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
As my colleagues have done, I could ask that the minister might be willing to meet me before stage 3 to discuss the issue further, and I sincerely hope that he will do so, but perhaps he will also put on the record some assurance that any changes will be widely consulted on with all stakeholders, who will have an input to any changes that might take place.
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
I am a little concerned that only the affirmative procedure will be used, given that there will be people who will need to be consulted. What reassurance can the minister give me that an order will be widely consulted on before it is put in front of the Parliament?
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
There is quite a lot of concern that people could break the law on the land pertaining to the licence without the knowledge or agreement of the licence holder. It is about finding the right balance. Can the minister give assurances that NatureScot would have to be reasonably convinced that an offence had been carried out under the direction of the licence holder? They could obviously ignore things and turn a blind eye, which I believe would leave them guilty as well. However, can you give an assurance that, when offences are carried out explicitly against the will of the landowner, they will not have their licence revoked?
Rural Affairs and Islands Committee
Meeting date: 21 February 2024
Rhoda Grant
We genuinely hope that that is the Government’s intention, but, unless the bill guarantees us that scrutiny will take place, the committee might not be able to see a draft of the plan. I suppose that I am asking for a commitment that the Government will lay a draft, that the committee will have time to scrutinise it and that Government will listen to the feedback that we gain from speaking to stakeholders about it.