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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 1523 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

I want to cover lotting. Quite a bit has been said about it already and we have had helpful written submissions. Again, not everyone needs to answer; I appreciate that Fergus Colquhoun might sit this one out.

Are there criteria beyond scale that might be appropriate, and what would be their advantages or disadvantages? We know about the 1,000 hectare threshold.

Who wants to start on that? Jill Robbie—perhaps you do.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

Does anyone disagree or agree with Don Macleod on that point? Maybe you are neutral on it.

There is silence. Okay.

I will go back to Fergus Colquhoun. In its written submission, the faculty set out that—

I have lost my notes.

It was about the part about provision for a right of appeal against a lotting decision to the Court of Session. The submission highlights that appeals ordinarily go to the Lands Tribunal for Scotland or the Scottish Land Court but that, under this process, they will go directly to the Court of Session, which might produce procedural difficulties. Will you explain a bit more about that?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

Thank you. That is helpful. I am interested to hear how others respond to that, including the Government.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

The Faculty of Advocates raised a practical point about

“whether the opportunity should be taken to wholly codify the law relating to small landholdings, rather than (as proposed) leaving elements to the Landholders Acts in place.”

So that I do not misrepresent that position, I put that point to Fergus Colquhoun.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

I think that you have explained that issue of fragmentation quite well, but are you saying that the Government is taking a pragmatic approach, given that some of those older acts would apply only to a small number of cases, or is there more that it could do to counter what you have described as fragmentation?

I am sorry if I have not understood the point; it is quite complex.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

I will bring us back to net zero, because that was starting to sound like an interesting discussion.

We know that land and land use have the biggest role in Scotland’s emission of greenhouse gases. Do the owners of large landholdings have a moral and societal responsibility to promote net zero and climate change measures? If we agree on that point, is it reasonable to accept that there should be obligations on the biggest emitters to reduce their emissions? If so, how could the bill be strengthened and improved in that area? I am looking at Mr Macleod in particular.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

I do not want to push you beyond your remit, but I will go back to Don Macleod’s point that the polluter should pay. If we are looking at responsibilities and obligations, would it be fair to say that there should be an evidence base on the impact of certain activities? Is it better to look at it as being about ensuring that there is clarity on any impact and what should be an appropriate form of compensation or mitigation?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

Thank you.

Issues of local context and the role of ministers in making decisions have come up. How might the process be improved to take account of local context? Is it appropriate that ministers make the decision, or is there another way in which that could be done more proportionately?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

Just one, convener—it is on small landholdings. From the written submissions, I think that the Faculty of Advocates and the Law Society of Scotland are broadly supportive of the small landholders provisions, but in Turcan Connell’s—

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 June 2024

Monica Lennon

Okay. I will let you expand on that in a moment.

In contrast, the Turcan Connell submission raises concerns. You state that you disagree with those provisions and that

“The Bill introduces some rights for small landholders from croft tenure and others from 1991 act tenure which could result in”

unnecessary complexity. Can you expand on what rights you are referring to?