Committee
Justice 2 Committee, 24 Sep 2002
24 Sep 2002 · S1 · Justice 2 Committee
Item of business
Land Reform (Scotland) Bill: Stage 2
I do not propose to have a debate about the matter. Stewart Stevenson's point is not a point of order. If the provision is ultra vires, that is a matter for the Parliament. If Stewart Stevenson has a problem with the wording of amendment 139, he can speak to the amendment and vote against it. That option is open to any other member. Does the minister wish to speak to amendments 76 and 77?
In the same item of business
The Convener:
Lab
Item 1 is the Land Reform (Scotland) Bill. This is the fifth stage 2 meeting on the bill. Members have the usual papers in front of them. I propose that we f...
Mr Hamilton:
SNP
The committee should doubtless do that. Unfortunately, I have a clash with the Local Government Committee at 2 o'clock. I may have to flit between the two me...
The Convener:
Lab
Are you happy that we stick to those general timings?
Mr Hamilton:
SNP
Yes.
Mr Morrison:
Lab
I am in a similar situation to Duncan Hamilton's, but I am committed to attending this committee.
Stewart Stevenson:
SNP
Similarly, I have advised the convener of the Rural Development Committee that I shall be at this committee as long as is necessary.
Bill Aitken:
Con
We will still be quorate.
The Convener:
Lab
I thank you for that. I appreciate that members have lots of other business and that they are coming to this meeting as an extra. I hope that we will finish ...
Section 9—Conduct excluded from access rights
The Convener:
Lab
We are dealing with section 9. We still do not have Dennis Canavan. Unfortunately, he did not appreciate that we were starting at 11 o'clock. Does someone el...
Stewart Stevenson:
SNP
I will move it.
The Convener:
Lab
Amendment 243 is grouped with amendments 30, 155, 55, 31, 139, 157, 32, 56, 76, 281, 77, 161, 162, 163, 245, 164, 165, 246, 166, 247, 167, 98, 98A and 79. Am...
Mr Morrison:
Lab
Could you run through that again, convener? Laughter.
The Convener:
Lab
There is more to come, in fact. However, if members are happy to be guided by me during our consideration, I am happy to forgo reading out the whole text in ...
Members indicated agreement.
Stewart Stevenson:
SNP
I will move amendment 243 for the sake of good order, rather than because I am entirely persuaded by it. The amendment would remove the provision whereby con...
The Convener:
Lab
I call Scott Barrie to speak to amendment 30 and the other amendments in the group.
Scott Barrie (Dunfermline West) (Lab):
Lab
I am not quite sure of the procedure, convener, because I do not propose to move amendment 30. I believe that amendment 155, which is in your name, is better...
The Convener:
Lab
You can speak to amendment 30 and then choose not to move it later.
Scott Barrie:
Lab
As I said, amendment 155 is better than amendment 30. In our stage 1 report, we argued that it is better for matters to be dealt with in the code rather than...
The Convener:
Lab
Scott Barrie mentioned amendment 155, which takes us back to the committee's discussion on the first day of stage 2 about how to resolve the question of comm...
Bill Aitken:
Con
Amendment 139 highlights a basic difference between me and other committee members about whether the code is likely to be effective in deterring activities t...
The Convener:
Lab
I will call the amendments later.
Stewart Stevenson:
SNP
On a point of order, convener. A question of vires arises in relation to Bill Aitken's amendment 139. The amendment includes the words "or being above land",...
The Convener:
Lab
I will allow you to make that point in the debate, once all the amendments have been dealt with.
Stewart Stevenson:
SNP
The point is a procedural matter; it is not a debating point. It would be useful to get a ruling on it before we cause problems by incorporating a provision ...
Bill Aitken:
Con
Perhaps Stewart Stevenson could use his undoubted expertise in these matters to let us know whether the height at which a kite or mechanised toy aeroplane mi...
The Convener:
Lab
I do not propose to have a debate about the matter. Stewart Stevenson's point is not a point of order. If the provision is ultra vires, that is a matter for ...
The Deputy Minister for Environment and Rural Development (Allan Wilson):
Lab
I am sorry, convener. I was debating paragliding with my officials in the context of the point that was being made.Amendment 32, which is the critical amendm...
Murdo Fraser (Mid Scotland and Fife) (Con):
Con
I apologise for my late arrival, convener. I was at the Public Petitions Committee meeting, which overran considerably. Could I have a minute to catch my bre...