Meeting of the Parliament 20 March 2018
I share members’ ambitions for forestry in Scotland and I appreciate the good intentions of those who want to make clear our shared commitment to forestry and the purposes of forestry in future. I fully understand why some members want to see that commitment in the bill but, although I am sympathetic to the rationale behind amendment 29, I am afraid that I cannot support it.
That is because there are significant legal complexities to do with introducing a purpose section to a bill. All the sections of a bill must have legal effect and be capable of interpretation by a court. A purpose provision sits behind the individual sections of a bill and can affect how each is interpreted. Issues arise if the purpose is not relevant to every provision or duplicates or expands provisions.
The purpose that is proposed in amendment 29 would introduce legal uncertainty about how the powers and duties in the bill might be exercised. It therefore brings potential risk to the interpretation and operability of the bill, which is something that I am sure Mr Smyth does not intend and that I cannot support. The purpose that is proposed in amendment 29 is in two parts, both of which must apply at the same time to every section. However, neither part fully covers the purpose of every section in the bill, and neither can be properly applied to every section.
For those legal reasons, I regret that I cannot support amendment 29. However, I have listened carefully to the aspirations of many members for a demonstration of ambition in the bill, so I suggest an alternative approach to address those aspirations, which responds to the Rural Economy and Connectivity Committee’s stage 1 recommendation that the bill contain a “statement of ambition” for modern forestry practice. I propose, via amendment 31, that the forestry strategy
“must set out a vision for forestry in Scotland”.
The strategy will be consulted on, so there will be opportunities for all stakeholders to contribute to the development of that vision, which must be a good thing. Ministers will be held to account for the strategy’s delivery and must, every three years, report to the Parliament on progress, including on delivery of the vision. I hope that that will serve as a risk-free alternative to the approach that Colin Smyth has proposed.
I offer amendment 31 in the spirit of compromise and seeking consensus on the vital issue of demonstrating our shared ambitions for forestry. Scottish Land & Estates supports the approach, and I hope that members will support amendment 31 as an alternative to amendment 29.
14:30