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 2063 contributions
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
I also want to ask about the suspension of a licence or suspension of any activities that could affect lives, livelihoods and perhaps investment. To suspend a licence, NatureScot has only to be satisfied that there is an issue. Notwithstanding all the conversations and explanations that the minister has given on the conversations between individuals, would an individual who has had a licence suspended or revoked have the ability to go into a cost recovery situation the other way round?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
We have heard in evidence that, if something that is regarded as a crime under conservation legislation is committed on a farm, the farmer is not required to stop working. The bill does not make that clear, which seems almost disproportionate, as we have heard. Would an appeal be weakened if NatureScot did not have to be satisfied that a relevant offence had been committed?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
I have had a look at the report, and I cannot see how its recommendations chime with what you are saying, particularly given the concerns about primacy of responsibility, access to intelligence, interference with other cases, and health and safety risks to personnel. We heard strong evidence from Detective Sergeant Lynn regarding concerns that, when an investigation progresses and police become involved, the measures could be a disadvantage, because things that the police would have done early in the investigation might not have been done. There is a huge amount of concern around your interpretation.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
Yes.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
I think that you have just said yourself that it defines the clarity of the law, and that is very important—
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
You mentioned the law, and it does define the clarity of the law.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
Okay. You referred to the Werritty report. In relation to your answer to Jim Fairlie’s question about the one-year licensing period, you have chosen to ignore the Werritty review, because we heard:
“Given that the bill provides quite wide powers for ministers or NatureScot to modify, suspend or revoke licences, I think that annual renewal is probably unnecessary.”—[Official Report, Rural Affairs and Islands Committee, 14 June 2023; c 6.]
Therefore, on one hand, you are using the Werritty review to justify your decisions and, on the other hand, you are rejecting the recommendations of the Werritty review, so how is there consistency in that approach?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
Is the Government’s approach to the code of practice consistent with the approach that it has taken to other land management sectors?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
Thank you.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Rachael Hamilton
But it says here—