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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 24 August 2025
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Displaying 5898 contributions

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Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

In that case, I will have the pleasure of asking the last question, which is about flexibility and accountability.

You wrote to us to confirm that the Scottish ministers would lay any part 2 regulations under the affirmative procedure when the content of the regulations would make substantial change. That was the direction of my earlier question—I was asking about the difference between substantial and insignificant changes. Substantial changes require greater levels of scrutiny.

What criteria will you use to inform decisions about what is substantial and what is not? Why are those criteria not set out in the bill to give us the comfort of knowing that, as you said, Parliament will get the opportunity to fully scrutinise any substantial changes?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Welcome back. We move on to our third panel on the Natural Environment (Scotland) Bill. We will take evidence on part 4 of the bill, and for this discussion I welcome Jim Fairlie, the Minister for Agriculture and Connectivity. I welcome back Leia Fitzgerald, head of the nature division bill unit at the Scottish Government, and we also have Sam Turner, team leader of the wildlife management team; Brodie Wilson, policy manager of the wildlife management team; and Hazel Reilly, solicitor, all from the Scottish Government.

We have up to 90 minutes for this evidence session. I remind everyone to try to keep questions and responses as succinct as possible, to allow us to get through all our questions.

I will kick off with a nice straightforward question, minister—you will be pleased to hear that. Section 10 of the bill updates the aims and purposes of deer management to include safeguarding the “public interest”, but that term is not defined in the bill. In an online deer practitioner meeting that was held two weeks ago, there were considerable differences of opinion on what that public interest might be. Do you intend to define the term “public interest” in secondary legislation or the code of practice?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

But you just said that it would not be set out.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Okay. Thank you.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

We heard concerns, especially in the south of Scotland, among the lowland deer groups, that there was a lack of resources to fully meet public interest expectations. What is your response to that?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

What role does the Government play in setting the agenda and scope of the advisory panels?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

I think that we had another question on—

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

Certainly.

I have a supplementary on the proposed power. In the evidence that we have heard up to now, the NGOs have almost without exception said that the power is like a sledgehammer to crack a nut and that the flexibility already exists.

The only organisations that appear to support the Government’s introduction of this overarching power are Government organisations and public bodies. Why is it the case that all the NGOs think that the power goes way too far and that there is a lack of safeguards? You have talked about safeguarding things for the future, but we need to think about which Governments might be in place in a few years’ time and ensure that safeguards are there. Why does the Government feel that the proposed power is required but nearly every organisation other than the public bodies thinks that they are not?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

The crux of the question is whether EIAs and habitats regulations should be governed by primary legislation rather than regulation.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Finlay Carson

That takes us on to a question from Evelyn Tweed.