Chamber
Meeting of the Parliament 16 March 2016
16 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Land Reform (Scotland) Bill: Stage 3
The amendment to section 20(5) that I lodged at stage 2 was, I thought, quite straightforward, and I was delighted to secure the support of both the committee and the Government. However, since stage 2, there has been some traffic from stakeholders around the amendment, suggesting that, as drafted, it could be open to misinterpretation. Therefore, at the request of stakeholders and the Government, I have lodged amendments 3 and 4 to provide clarity. It was never my intention at stage 2 to give the land commissioners any statutory role in the implementation and monitoring of the land use strategy. Amendment 3 deletes the words
“the implementation and monitoring of”,
leaving the commissioners to take into account the land use strategy in exercising their functions under section 20. It is, as was intended, a response to a request supported in the chamber to deliver the clarity sought by some stakeholders.
Amendment 4 is a minor and technical amendment to ensure that any land use strategy revised under section 57(6) of the Climate Change (Scotland) Act 2009, as well as the one prepared under section 57(1), is covered in section 20(5)(d) of the bill.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is stage 3 proceedings on the Land Reform (Scotland) Bill. In dealing with the amendments, members should have the bill as amended...
The Deputy Presiding Officer
Con
We move to group 1. Amendment 12, in the name of the minister, is grouped with amendments 14, 15, 20 to 22 and 29.
The Minister for Environment, Climate Change and Land Reform (Aileen McLeod)
SNP
This is a historic day of proceedings on Scotland’s land reform journey. I must apologise, because, as members will realise and, I hope, understand, I am str...
Sarah Boyack (Lothian) (Lab)
Lab
I note that the minister’s health is not 100 per cent, and I inform her that I have written out all my speeches in draft, so that if my voice goes, Claudia B...
Alex Fergusson (Galloway and West Dumfries) (Con)
Con
Very briefly, I commend the minister’s determination to be here despite obviously not being very well. I will let my colleagues sweat it out as to which one ...
Aileen McLeod
SNP
I am very happy not to wind up but to welcome the support that we have across the chamber.
The Deputy Presiding Officer
Con
Excellent—thank you. Amendment 12 agreed to.
The Deputy Presiding Officer
Con
We move to group 2. Amendment 13, in the name of Aileen McLeod, is grouped with amendments 16 to 19, 53 to 56, 59 and 93.
Aileen McLeod
SNP
At stage 2, I lodged amendments that required ministers, when preparing both the land rights and responsibilities statement and the part 4 guidance, to have ...
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)
SNP
Amendment 93 is consequential on amendments 19 and 59, which define “human rights” for the purposes of parts 1 and 4. The amendment will remove the interpret...
Sarah Boyack
Lab
For the Labour group in Parliament, the strengthening of the human rights underpinning of the bill is incredibly important, because it provides the context f...
Michael Russell (Argyll and Bute) (SNP)
SNP
I am very pleased that the minister has lodged the amendments in group 2. They build on the stage 2 amendments and the stage 1 report which, as Sarah Boyack ...
Alex Fergusson
Con
I have harboured occasional concerns about the concept of relevant human rights ever since it first appeared in evidence to the committee. There seems within...
Dave Thompson
SNP
I have no recollection at all of saying such a thing.
Alex Fergusson
Con
If I may quote from the Official Report, Mr Thompson said that “The fact that the ECHR is written into the 1998 act needs to be looked at. That provision ne...
Paul Wheelhouse
SNP
If I may, I will respond on behalf of Dr McLeod to confirm that the ECHR does form the basis for human rights in Scottish legislation. Amendment 13 agreed t...
The Deputy Presiding Officer
Con
We move to group 3. Amendment 100, in the name of Johann Lamont, is grouped with amendments 23, 24, 101, 25, 2, 26 to 28, 102, 3 and 4.
Johann Lamont (Glasgow Pollok) (Lab)
Lab
I declare an interest as a member of the Co-operative Party, which is committed to a model that represents a global ideal that is locally, democratically and...
Jim Hume (South Scotland) (LD)
LD
Amendments 23 and 24 relate to the maximum period of tenure of a Scottish land commissioner. At stage 2, I lodged a similar amendment, which I withdrew on th...
Claudia Beamish (South Scotland) (Lab)
Lab
I will speak to amendments 25 and 26 and make some other comments. Although I listened carefully to the argument that was put forward at the Rural Affairs, ...
The Deputy Presiding Officer
Con
I call Angus MacDonald, who will speak to us in Gaelic initially and then repeat his opening remarks in English.
Angus MacDonald (Falkirk East) (SNP)
SNP
Madainn mhath, Oifigeir-riaghlaidh, agus madainn mhath co-obraichean. Tha mi a’ cur luach air a’ chothrom a bhith a’ toirt atharrachadh co-cheangailte ris a’...
Paul Wheelhouse
SNP
I thank Johann Lamont for setting out the rationale behind amendment 100. As Dr McLeod said to Ms Lamont when she lodged a similar amendment at stage 2, the ...
Graeme Dey (Angus South) (SNP)
SNP
The amendment to section 20(5) that I lodged at stage 2 was, I thought, quite straightforward, and I was delighted to secure the support of both the committe...
Alex Fergusson
Con
I am afraid that the Conservatives oppose amendment 100. I believe that the proposals in that amendment are already being taken forward. The minister mention...
The Deputy Presiding Officer (Elaine Smith)
Lab
I invite Johann Lamont to wind up and to indicate whether she wishes to press or withdraw her amendment.
Johann Lamont
Lab
The amendments lodged by Claudia Beamish and Angus MacDonald are important. As someone who herself has Gaelic heritage, I recognise the importance of those a...
The Deputy Presiding Officer
Lab
Before we proceed, I remind members that, if they wish to oppose any amendments, they should do so loudly and clearly so that there is no confusion in the ch...
The Deputy Presiding Officer
Lab
There will be a division. As this is the first division of the morning, I suspend the proceedings for five minutes to allow the division bell to be rung and ...
The Deputy Presiding Officer
Lab
We will now proceed with the division on amendment 100. For Baker, Claire (Mid Scotland and Fife) (Lab) Baxter, Jayne (Mid Scotland and Fife) (Lab) Bea...