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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 5 May 2021
  6. Current session: 12 May 2021 to 14 July 2025
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Displaying 1576 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

Amendment 97 would change the test that an application must pass for a licence to be granted for the undertaking of muirburn on peatland. The bill currently sets out that a licence may be granted for muirburn on peatland if it

“is necessary for the specified purpose”

and

“no other method of vegetation control”

is available. During consideration of evidence at stage 1, a number of interested parties raised the concern that there might be circumstances in which other methods of vegetation control may be available, but they may not be practicable or effective in all circumstances. They expressed real worry that the wording in the bill would significantly restrict the ability to make muirburn to such an extent that it would be impossible to carry out muirburn on peatland.

I do not think that it was the intention that the bill place such a high bar on licence applications. It would be preferable if NatureScot considered such matters on a case-by-case basis, including whether any other methods of vegetation control would be suitable, and, as a result, whether a licence should be issued. It is likely that there will always be other methods of vegetation control available, such as cutting, but they might not be practical or desirable; for example, due to the topography of the land.

My amendment would ensure that NatureScot could consider, on a case-by-case basis, any practical issues arising from alternative methods of vegetation control, and it would give NatureScot the flexibility to issue a licence for muirburn if no other method of vegetation control was practical. It is my hope that local people, such as those in my constituency, would be listened to as part of that process, to allow their knowledge and experience to inform decision making. In the same way, there is expertise in NatureScot that should also be listened to in order to inform local practice. That dialogue and working together will increase and improve everyone’s knowledge about muirburn and local peatlands.

For all those reasons, I encourage members to vote for amendment 97, not least because it responds to one of the recommendations in our stage 1 report.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

It is not within the scope of my amendment, but I certainly acknowledge the need to control the spread of Lyme disease, which has been an issue in parts of my constituency. We should of course be open to looking at all measures around that.

My amendment, however, focuses on ensuring that crofters continue, where appropriate, to carry out muirburn on their crofts or common grazings for the purposes of reseeding or to provide or improve grazing, as they have done for generations. I hope that, whatever the Government’s reaction to my amendment is, the minister will be willing to work with me on the issue in the future.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

I should have explained that amendment 94 merely gives the legal definition of a crofter for the purposes of amendment 90. That amendment not having been passed, amendment 94 does not make much sense on its own, so I will not move it.

Amendment 94 not moved.

Amendment 24 not moved.

Section 10, as amended, agreed to.

After section 10

Amendment 149 not moved.

Section 11—Grant of muirburn licence

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

Unless I have drafted it badly, yes. My intention is to provide another reason that crofters could use to employ muirburn.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

My amendment 90 seeks specifically to allow crofters to apply for a muirburn licence for the purpose of reseeding to provide or improve grazing on peatland. The bill allows licences for muirburn on peatland only for the purposes of restoring the natural environment, preventing wildfire and research. During stage 1, crofting stakeholders raised concerns about the lack of provision in the bill for muirburn on crofting peatland for the purposes of reseeding, which they highlighted is a traditional and effective practice that, when carried out properly, avoids damage to the peat. Controlled muirburn over small areas of land, such as on crofts or common grazings, is a long-established practice in crofting areas across the Highlands and Islands. Although there are alternative reseeding methods that could be attempted on that terrain, their potential efficacy is viewed as highly questionable.

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Alasdair Allan

How do we separate the important but distinct objectives relating to rural policy and agricultural policy? How do we ensure that they are not conflated? How are they related? How do we attach priority to them?

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Alasdair Allan

That leads neatly to my next theme, which relates to what should be on the face of the bill—we have heard that phrase being thrown around in committees and elsewhere. We would have some very long legislation if everything was “on the face of” every bill.

We have had some discussion about the rural support plan. Are you content that there is enough in the bill to define its meaning and aims?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

I likewise wonder if you will go a little further and offer to work with me ahead of stage 3.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Alasdair Allan

On the basis of the offer that the minister has made to work with me ahead of stage 3, I will not move amendment 90.

Amendment 90 moved—[Rachael Hamilton].

Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 1

Meeting date: 21 February 2024

Alasdair Allan

I appreciate that time is wearing on, so I will make a brief point. It is a technical point, but I hope also an important one.

There will be a lot of secondary legislation on the back of this bill, and there is a concern to ensure that the balance is right in how that is scrutinised. What are your plans for parliamentary scrutiny around secondary legislation, particularly in relation to getting the balance right with regard to negative procedure for secondary legislation?