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
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 again. It attempts to make sure that communities are properly engaged. It is tougher than what is in the bill as introduced, and I think that it is an important, if small, amendment, so I am keen to press it. I listened carefully to the minister and I take on board the comments that Mike Russell made. Amendment 13 is intended to concentrate landowners’ minds, to secure everybody’s engagement and involvement in a much more effective way and to strengthen the bill. I think that it would be useful amendment. Both the minister and Mike Russell made important points about making sure that human rights are properly incorporated in the bill. Mike Russell’s comments about amendments 97 and 97A were also important. When we get to stage 3, or in the period between now and stage 3, we will want to look at where the bill has ended up, to make sure that it is consistent throughout. Mike Russell’s points were absolutely relevant, particularly in the context of the letter that we received last week from the Scottish Human Rights Commission. I will not push my amendment 108. It was a probing amendment and I am pleased with the comments that the minister put on the record. They will be useful in providing clarity to all those who will be expected to implement the bill.
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...