Chamber and committees

In considering whether any crofting community right to buy application is in the public interest, ministers will be bound to take account of all the information contained in the application, the responses to the application and in further comments from the applicants. In addition ministers will be bound to use all that information to assess the implications and impact of granting or refusing the application for the parties, for the wider local community, for particular sectors of the community, for the future management of the land and for a wide range of public policy issues. Only after having made such an assessment will ministers be in a position to decide whether an application is in the public interest.

Where a salmon fishing abuts croft land it is intended that only the part of the salmon fishing property which actually abuts the croft land should be capable of being acquired through the crofting community right to buy.

Sheriffs are independent of the Executive and there is no formal assessment of performance. Complaints about performance may be investigated in the manner described in the answer given to question S1W-27835 today.

Training is not compulsory although the practice is for all new members of the Judiciary to attend induction training at the time of their first appointment. Training programmes are organised and run by the independent Judicial Studies Committee which is funded by my department. The programme has been extended in recent years to include refresher training for experienced people and I am advised that substantial numbers of sheriffs attend training events.

It is open to parties in a case to appeal against a decision of a sheriff to a higher court. If litigants wish to register a complaint about the actings of a sheriff they may write to the Sheriff Principal of the relevant sheriffdom or to the Judicial Appointments Division of the Scottish Executive Justice Department, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ.

Under Section 12 of the Sheriff Courts (Scotland) Act 1971 the First Minister may establish an investigation into the fitness for office of any sheriff. During such an investigation the sheriff may be suspended from office. If the First Minister receives a report to the effect that a sheriff is unfit he may make an order removing the sheriff from office. The order would be subject to the approval of the Scottish Parliament.

No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.

The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.

Six expressions of support for the link road have been received.

This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.