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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 13 March 2026
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Displaying 2492 contributions

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Net Zero, Energy and Transport Committee [Draft]

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We want a thriving tenanted sector in Scotland. There is absolutely no question about that. That is why the provisions that we have included as part of the bill will modernise the legislation and bring it up to date. Ultimately, they seek to ensure that tenant farmers can play an equal role in delivering the outcomes that we all want, which we have outlined in our vision for agriculture, and that they can be as much a part of that process as anyone else. Ultimately, that is what this is about.

As you said, whenever land reform provisions come around, we hear a lot about what landlords might look to do in relation to tenancies, but I think that there are always going to be bigger factors at play in that respect. For example, what is coming down the line with regard to the United Kingdom Government’s announcements on its proposed changes to inheritance tax will do far more damage than any of the proposals that we are looking to introduce in the bill.

11:30  

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I have referred to the public interest test. The key question is about increasing diversity in land supply. Will the provisions be positive for the community, and will they improve community sustainability? We have had to frame our consideration in that way, because certain conditions must be met when a public interest test is introduced. It is important that considerations are about the evidence, the basis of what we are doing, the proportionality of what we are introducing and the aim of the measure. That is why the test will apply at that point, rather than conditions or obligations being put on a future buyer.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Ultimately, the bill is about increasing diversity in land ownership.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We are listening to concerns that have been expressed about the potential for that. The only provision that we have at the moment is that, if land were to be lotted, a person could not buy multiple lots. We must be alive to potential loopholes—we want to avoid them wherever possible. We might need to take other factors into consideration, because we want to ensure that the measures that we introduce have the intended effect.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We are considering that as well. I recognise that it came through quite strongly that going to the tenant farming commissioner to appoint a valuer should be the next option and not necessarily the place to start.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

As I said, work has been done on that and it will inform future guidance, which is the place to deal with that.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

That is one of the things that would depend on individual circumstances and whether a tenant has been given rights by the landowner to control the deer.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

There are a number of factors. The matter was part of the consultation that was undertaken, and we have outlined some aspects in the policy memorandum.

In other countries, interventions or obligations after the point of sale, or obligations on potential buyers, tend to fall into a couple of areas. We think that there is an example of authorisation of buyers in Australia, but that is more about national security risks.

There are alternative purchase models. The Land Commission has done work on the SAFER model in France, for example, whereby a public body or an interim body would buy the land, and the owner of the land would be compelled to sell. The body would hold the land for an interim period before determining use of the land.

We have introduced the transfer test and the lotting procedures as we have because we could not identify an option that would allow lotting to be applied where the test was on the buyer. That is why lotting will apply before that point.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Andy, do you want to come in?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I come back to why we set out the provision in the way that we have, which is to ensure that bodies that report breaches have some experience in relation to land management and working with communities on the ground. We also wanted to guard against, and deal with, the potential for vexatious complaints. That is why we set out the bodies for reporting breaches in the way that we have. However, I have heard the evidence that the committee received, particularly from the Crofting Commission and other bodies, about what people feel should be on the list. Again, I am open to hearing the committee’s recommendations on that, although we have a power to add bodies to the list if it were felt that more should be added.