Chamber and committees

The definition of "inland waters" in part 1 of the Land Reform (Scotland) Bill does not apply to part 3.

If there has been any damage done to the confidence of prospective investors in salmon fishings it has been done by those people who have, in contesting our proposals, sought to suggest that there will be massive adverse effects on the quality of the fishing that will be available in the future as a result of this legislation. Any problems which exist will be resolved when opponents stop talking up the problems and start making realistic and sober assessments of the effects of these proposals. From that perspective the most useful way in which the Executive can ensure investor confidence would be to make sure that this bill is enacted as quickly as possible.

The Scottish Executive has been aware from the outset that many of the provisions in the Land Reform (Scotland) Bill would require to be carefully formulated to comply with the European Convention on Human Rights. Ministers consider that the provisions in the bill, including those relating to the acquisition of salmon fishings, achieve that outcome, and there are no grounds on which it could successfully be argued that there is incompatibility with the convention.

We believe that there are advantages to be derived from being able to manage all land-based activities on a property in a holistic fashion. We consider that crofting communities should have that opportunity if they want it. The very existence of this right to buy is also a significant factor in altering the balance of power between the crofting community and landowners, including proprietors of salmon fishings.

As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.

This is not a right which we would expect crofting communities to attempt to exercise frequently, but it will be there if they want it. It will also help to ensure that in future all landowners in the Highlands and Islands have a proper regard for the interests, needs and sustainable development of the fragile crofting communities in which their properties are located.

Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.

This provision is to protect the interests of small groups of people whose activities and property would be affected by an application but who are not necessarily a party to the application. For example, it would protect the interests of an individual crofting township where an application is made in respect of a wider area of croft land which includes their land. Conversely it could also protect interests outwith the area of land covered by the application where a change in the ownership of the land covered by the application would have an adverse impact on them.

The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.

There has been no such research undertaken or commissioned by the Scottish Executive.