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
Government amendments 40 to 43 are technical amendments that clarify the point at which the relevant period ends for the purposes of determining when an application can be made to buy land consisting only of salmon fishing and mineral rights under section 40, or to buy tenant’s interests under section 41. Sections 40(3)(a) and 41(6)(a) set out that the relevant period ends on the date that the part 5 community body or third-party purchaser withdraws its confirmation to purchase the land that the salmon fishing, mineral rights or tenant’s interests relate to. Amendments 40 to 43 make it clear that where the part 5 community body or third-party purchaser fails to complete the purchase of the related land for any other reason, the relevant period ends on the date that the purchase failed. I move amendment 40. Amendment 40 agreed to. Amendment 41 moved—Aileen McLeod—and agreed to. Section 40, as amended, agreed to. Section 41—Eligible land: tenant’s interests Amendments 42 and 43 moved—Aileen McLeod—and agreed to. Section 41, as amended, agreed to. Section 42—Part 5 community bodies
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...