Committee
Rural Affairs, Climate Change and Environment Committee 27 January 2016
27 Jan 2016 · S4 · Rural Affairs, Climate Change and Environment Committee
Item of business
Land Reform (Scotland) Bill: Stage 2
Community rights to buy, especially the right to buy land to further sustainable development under part 5, are novel, ground-breaking provisions and it is possible that issues might arise as the provisions begin to be used in practice and we learn from experience. I greatly welcome amendment 110, and I thank Dave Thompson for bringing this potential loophole to our attention. I acknowledge that there is a need to consider further whether the provisions in section 47(3)(f) could be used by an owner to avoid an application under part 5. However, although I am sympathetic to its aim, amendment 110 as currently drafted contains a number of potential flaws. First, it considers only efforts to use section 47(3)(f)(i) to avoid consent being given to a part 5 application and does not address the potential use of personal obligations under section 47(3)(f)(ii) to achieve the same aim. I understand that stakeholders have also indicated concerns over the potential use and impact of options agreements, which potentially fall under section 47(3)(f)(ii) rather than under section 47(3)(f)(i). Secondly, it is difficult to see how a community body could prove that something had been done by the landowner with the deliberate aim of defeating an application. Obviously there might be significant legal issues that we need to work through, and removing the application of section 47(3)(f) would mean that a person prevented from transferring land would be forced to do so or would be forced to act in breach of an enforceable personal obligation to sell the land. The question whether an appropriate mechanism that was compatible with a person’s ECHR rights could be developed to deal with that would need careful consideration, and we would also want to consider whether this was an issue for other rights to buy. I therefore ask Dave Thompson to withdraw amendment 110. I would welcome the opportunity to work on the issue with Dave Thompson, the committee and stakeholders ahead of stage 3 to see whether it was possible to identify the problem and find an effective solution to the loophole that Dave Thompson has quite rightly highlighted.
In the same item of business
The Convener
SNP
Agenda item 7 is the second day of consideration of amendments to the Land Reform (Scotland) Bill. We will pick up where we left off last week with part 3 of...
The Convener
SNP
We come to the group on the power of the keeper of the Registers of Scotland to request information and the procedure for regulation. Amendment 31, in the na...
The Minister for Environment, Climate Change and Land Reform (Aileen McLeod)
SNP
Section 36 inserts into the Land Registration etc (Scotland) Act 2012 new section 48A, which enables regulations to be made enabling the keeper of the Regist...
The Convener
SNP
Amendment 36, in the name of Graeme Dey, has already been debated with amendment 103. I ask Graeme Dey whether he wishes to move his amendment.
Graeme Dey
SNP
My amendment would have deleted section 36, but given that we have just approved a series of amendments to section 36 and that the Scottish Government intend...
The Convener
SNP
We move to group 2, on guidance on engaging communities in decisions relating to land: purpose of engagement, content of guidance etc. Amendment 13, in the n...
Sarah Boyack
Lab
It is clear that new opportunities will flow from the guidance that is envisaged for this part of the bill, and it is to be hoped that owners and communities...
The Convener
SNP
Pardon me—
Sarah Boyack
Lab
Sorry, have I got that wrong? It is amendment 108. I am speaking about the guidance on engaging communities in decisions, as set out in the briefing paper th...
The Convener
SNP
That is okay, but you said amendment 102.
Sarah Boyack
Lab
Sorry—I meant amendment 108. From the earlier discussion members will have been able to tell that my voice is going, but clearly it must be more than that. T...
Aileen McLeod
SNP
In drawing up the guidance, ministers will consult a wide range of stakeholders, and the guidance will define the different sorts of engagement that will be ...
Michael Russell
SNP
I heard what the minister said and I am broadly content with amendment 37—with a caveat, as she will expect, about the term “relevant human rights” in propos...
Graeme Dey
SNP
I welcome the clarity that the minister provided on amendment 108 because at first glance it seemed to have merit, but I am content with what I have heard.
Alex Fergusson
Con
I am sorry to take away from the air of consensus that there seems to be here, but I have concerns about this group of amendments. I share the minister’s res...
The Convener
SNP
I ask the minister to respond to that point before Sarah Boyack winds up.
Aileen McLeod
SNP
Do you want me to comment on some of the other points that have been raised or just specifically Mr Fergusson’s point?
The Convener
SNP
Will you comment on Alex Fergusson’s point?
Aileen McLeod
SNP
I say to Mr Fergusson that the things that we are adding do not move away from the intention of what we are trying to do in part 5 of the bill to further sus...
The Convener
SNP
Thank you for that, minister. I ask Sarah Boyack to wind up and say whether she wishes to press or withdraw amendment 13.
Sarah Boyack
Lab
We have had a useful debate. To be clear, amendment 13 seeks the community’s agreement; it does not say that that must be secured—that would be a higher bar ...
The Convener
SNP
The question is, that amendment 13 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Beamish, Claudia (South Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Against Dey, Graeme (Angus South) (SNP) Fergusson, ...
The Convener
SNP
The result of the division is: For 2, Against 7, Abstentions 0. Amendment 13 disagreed to. Amendment 37 moved—Aileen McLeod.
The Convener
SNP
The question is, that amendment 37 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Beamish, Claudia (South Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Dey, Graeme (Angus South) (SNP) Gibson, Rob (Caithn...
The Convener
SNP
The result of the division is: For 8, Against 1, Abstentions 0. Amendment 37 agreed to. Amendment 81 not moved. Amendment 38 moved—Aileen McLeod.
The Convener
SNP
The question is, that amendment 38 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Beamish, Claudia (South Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Dey, Graeme (Angus South) (SNP) Gibson, Rob (Caithn...
The Convener
SNP
The result of the division is: For 8, Against 1, Abstentions 0. Amendment 38 agreed to. Amendment 108 not moved. Amendment 39 moved—Aileen McLeod—and agre...