Questions and answers

Question reference: S6W-38663

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Jim Fairlie on 25 June 2025

To ask the Scottish Government for what reason Improving Public Access grants, which were suspended in 2022, are reportedly not going to be included in the Tier 3 rural payments scheme.

While Improving Public Access (IPA) is not currently included in Agri-Environment Climate Scheme (AECS) or Tier 3 of the Agricultural Reform Programme (ARP), the historical impact of the scheme is acknowledged, with over £12 million committed to 181 contracts between 2015 and 2022. No final decision has yet been taken regarding the future of IPA grants or their inclusion within the new Tier 3 of ARP. The design of the future rural support framework is still ongoing, and while the focus of Tier 3 will be on delivering the outcomes set out in the Vision for Agriculture, this does not preclude consideration of how access improvements might be supported through alternative mechanisms.

Question reference: S6W-38003

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, whether it has undertaken any internal economic modelling of the potential impact on trade of introducing customs checks at Gretna and Berwick in an independent Scotland, and, if so, whether it will publish this.

Question reference: S6W-38001

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, what assessment it has made of the potential administrative burden that could be placed on small Scottish exporters in the event that cross-border trade between an independent Scotland and the rest of the UK required customs declarations.

Scottish Government Officials and Ministers regularly engage with Scottish business representatives to inform policy. Engagement with businesses in Scotland informed the production of the BANS series, including Building a New Scotland: A stronger economy with independence (October 2022) which details how businesses will be supported on trade.

The proposals in the paper include support services and guidance to help traders understand and comply with any new arrangements. Working with industry to identify the right focus areas, the Scottish Government would seek to bring forward a range of measures – targeted across sectors and developed in response to trading conditions on the ground. Advice and guidance would be made available to businesses, such as through websites, helplines, and government-backed stakeholder support sessions.

The Scottish Government would also establish a support service for exporters to maximise Scotland’s export growth opportunities through our new trading arrangements. We also commit to supporting businesses with administrative requirements. We know that Scottish businesses have considerable expertise in trading internationally and would be best placed to determine which support measures are the most helpful. On re-joining the EU, we would work with business to provide the right practical help as new arrangements come into force.

Question reference: S6W-38004

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government what its policy is on (a) how many border inspection points would be required along the Anglo-Scottish border and (b) where any such inspection points would be located, in an independent Scotland.

Building a New Scotland: A stronger economy with independence (October 2022) provides details on trade with the rest of the UK following Independence.

The paper outlines that any actual physical checks on goods would likely only be undertaken on the main trunk routes between England and Scotland or at rail freight terminals.

It should also be noted that the nature of the border between an independent Scotland as an EU member state and the UK will depend on negotiations between the UK Government and the EU. For example, the UK and EU are currently negotiating an SPS Agreement which would reduce border checks.

Question reference: S6W-38013

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, whether it has (a) sought and (b) received any legal advice on its potential ability to allow an independent Scotland to avoid any border checks with the rest of the UK while applying EU single market rules, and, if so, whether it will publish any such advice.

Building a New Scotland: A stronger economy with independence (October 2022) provides details on trade with the rest of the UK following Independence.

The nature of the border between an independent Scotland as an EU member state and the UK will depend on negotiations between the UK Government and the EU. For example, the UK and EU are currently negotiating an SPS Agreement which would reduce border checks.

Question reference: S6W-38011

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, what assessment it has made of what potential reduction in trade volumes for the (a) whisky, (b) meat and (c) dairy sector could result from any introduction of a hard border between an independent Scotland and the rest of the UK.

Question reference: S6W-38000

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, what recent estimate it has made of the potential reduction in Scotland’s trade volume with the rest of the UK in the event of customs checks at the border in an independent Scotland.

Building a New Scotland: A stronger economy with independence (October 2022) provides details on trade with the rest of the UK following Independence.

The nature of the border between an independent Scotland as an EU member state and the UK will depend on negotiations between the UK Government and the EU. For example, the UK and EU are currently negotiating an SPS Agreement which would reduce border checks.

Ultimately trade with the rest of the UK would be based on the trade arrangements agreed between the EU and the UK at the time. Agreements between the EU and UK are subject to change and we welcome the renewed momentum to improve relations with the EU which may further reduce in the barriers to trade.

Question reference: S6W-38007

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government what its policy is on what the arrangements would be for residents who commute daily between Dumfries and Cumbria or the Borders and Northumberland in the event of a hard border between an independent Scotland and England.

There is a long-standing Common Travel Area (CTA) in these islands. This allows for free movement between the UK, Ireland, the Channel Islands and the Isle of Man for citizens of those territories. The Scottish Government is committed to the protection of the CTA and the associated reciprocal rights for British, Irish and Scottish citizens after independence. Maintenance of the CTA would mean that there would be no new passport or immigration checks at any of an independent Scotland’s land, sea of air border points with the UK and Ireland and British, Irish and Scottish citizens would have the right to move freely within the CTA.

Further information can be found in Building a New Scotland: citizenship in an independent Scotland - gov.scot.

Question reference: S6W-38006

Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angus Robertson on 25 June 2025

To ask the Scottish Government, as part of its work to further the case for Scottish independence, what assessment it has made of the potential impact of any border delays on the viability of transporting perishable goods such as seafood and fresh produce from an independent Scotland to the rest of the UK.

Question reference: S6W-38634

Asked by: Tim Eagle, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Submitting member has a registered interest.
Date lodged: Wednesday, 11 June 2025
Current Status: Answered by Mairi Gougeon on 25 June 2025

To ask the Scottish Government what work it has undertaken to assess the interaction of section 20 of the Land Reform (Scotland) Bill with deer management powers in the Natural Environment (Scotland) Bill.

The two Bills have different provisions for deer management. Part 2 of the Land Reform Bill contains provisions for compensation for agricultural damage caused by game, including deer. The Natural Environment Bill has a different purpose, it aims to improve the management of deer.

Table of provisions in the Land reform Bill and the Natural Environment Bill

Bill Name	Topics	Impact of Change
LR Bill	Indirect damage added to scope	The addition of indirect damage in Section 20 entitles tenants to compensation for significant agricultural damage caused indirectly by game or game management. Eg the introduction of high tick numbers caused by an uncontrolled deer population. This damage must be evidenced.
LR Bill	Deer control	Maintains that tenants are not entitled to control deer over all of the land on the holding, eg not in woodland or cliffs. They are also not entitled to control deer on hill ground.
LR Bill	Game management	The Bill changes current legislation to enable tenant farmers to receive fairer compensation for direct and indirect agricultural damage caused by game birds or deer to crops, fodder, grass for livestock, grazing land or damage to trees or fixed equipment. This will leave tenant farmers no better or worse off then had the damage not occurred.
NE Bill	Aims and purposes of NatureScot in relation to Deer Management	The Bill updates section 1 of the 1996 Act to make explicit that the general aims and purposes of NatureScot include safeguarding the public interest as it relates to the management and control of deer, which could include factors such as improvements to the natural environment.
NE Bill	Deer Advisory Panels	Section 11 of the Bill amends section 4 of the 1996 Act to allow NatureScot to sit on Deer Panels as members. Currently, NatureScot are able to observe deer panels but do not attend as members. This change allows NatureScot staff to actively contribute to the reports produced by any panel, which could include staff who hold specialist interests or skills.
NE Bill	NatureScot Reviews of compliance with Deer Management code of Practice	Section 5B of the 1996 Act currently requires NatureScot to review compliance with the code of practice on deer management on a three-year cycle. Section 12 of the Bill changes the approach to such timescale for these reviews. The Bill requires that NatureScot must carry out a review if requested to do so by the Scottish Ministers, at an appropriate time after a change to the code of practice and at least once every 10 years.
NE Bill	New grounds for NatureScot intervention for nature restoration	Section 13 of the NE Bill inserts new sections under 6ZA and 6ZB to the 1996 Act. 6ZA (grounds for intervention: damage by deer) largely replicates the existing grounds for intervention found in the 1996 Act (section 6A(1) to (3) for deer management plans and section 7(1) and (2) for control agreements) 6ZB is a new ground entirely, intended to provide for circumstances where deer management is necessary to enable the enhancement of the environment. This is different from preventing damage.
NE Bill	Deer Management Plans	Section 6A of the 1996 Act allows NatureScot to give notice to a landowner or occupier to require them to prepare and submit a DMP. The changes made by the Bill will give NatureScot greater flexibility, including the ability to require DMPs on a shorter timeframe than is currently possible, and for a wider range of circumstances, which could allow for preventative measures to be taken sooner.
NE Bill	Control Agreements	Section 7 of the 1996 Act allows NatureScot to enter into control agreements with land owners and occupiers. The Bill amends this to allow control agreements to be made in relation to the new nature restoration ground for intervention, in addition to the existing purpose of damage prevention, and streamlines the process of developing control agreements. Where non-compliance is found, the Bill requires that NatureScot must either proceed with making a control scheme or advise the Scottish Ministers why it is not appropriate to do so.
NE Bill	Control Schemes	Section 8 of the 1996 Act allows NatureScot to make a control scheme, which sets out the compulsory deer management actions a land owner or occupier must take. the Bill amends section 8 to allow control schemes in relation to the new grounds for intervention for nature restoration, in addition to the existing purpose of damage prevention, clarifies some of the existing language and makes some procedural changes. NatureScot must also register the control scheme in the Land Register of Scotland or record it in the General Register of Sasines.
NE Bill	NatureScot Investigatory Powers	Section 15(1) of the 1996 Act allows NatureScot to enter land at all reasonable times for the purpose of exercising their functions, the Bill shortens the minimum period of notice that NatureScot is required to give before entering land from 14 days to no less than 5 working days
NE Bill	Cost recovery	Section 9 of the 1996 Act currently allows NatureScot to recover expenses incurred for carrying out functions under section 8 where those expenses exceed the proceeds of the sale of any of the venison. The Bill extends this principle to costs incurred to NatureScot for carrying out emergency actions under section 10, and to costs associated with the registration of a control scheme.
NE Bill	Authorisations, Competency and Training requirements	The Bill will amend the existing delegated power in section 17A of the 1996 Act which currently allows the creation of a register of persons fit and competent to shoot deer in Scotland. Through this register, baseline competence for everyone shooting deer in Scotland will be required. Details of the register will be set out via secondary legislation following the Bill’s passage. The Bill will also enable individuals to apply to be registered as authorised to undertake specified activities for which they would currently need a general or specific authorisation. These activities include night shooting, where individuals will be required to display a higher level of competence than the baseline, evidenced via a certificate or qualification relevant to shooting deer at night, in order to be considered fit and competent. Anyone wishing to undertake another specified activity (shooting female deer during the close season, using a vehicle to drive deer or use of a shotgun to shoot deer) will also need to apply to NatureScot to be registered as authorised to do so, however, these activities will require NatureScot to consider if the activity should be authorised
NE Bill	Preventing or stopping damage by Deer	The Bill amends NatureScot’s emergency powers to enable them to take action to prevent damage by deer to the natural heritage or environment on the same basis and following the same process as is set out in section 10 (damage, injury or are a danger to public safety).
NE Bill	Stray farmed deer	The Bill makes it an offence for a person to fail to report the taking or killing of a stray farmed deer to Police Scotland where the person has taken or wilfully killed a deer, the deer is a stray farmed deer and section 25A of the 1996 Act does not apply. The report must be made to Police ”cotl’nd within five working days beginning with the day on which the deer was taken or killed. The purpose of this offence, is to provide a defence where someone kills a stray farmed deer.
NE Bill	Venison Dealers Licences	Currently, a licence is required to deal in venison. Licence holders have to retain records including purchases and receipts of venison. Records must be kept for a period of three years. The Bill removes the requirement related to licensing to deal in venison. Venison placed on the market for human consumption will no longer be subject to this additional regulation, and will be regulated in the same way as other wild game

Chamber and committees