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Chamber

Meeting of the Parliament 16 March 2016

16 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Land Reform (Scotland) Bill: Stage 3

Amendments 23 and 24 relate to the maximum period of tenure of a Scottish land commissioner. At stage 2, I lodged a similar amendment, which I withdrew on the basis that the minister would provide further clarification on appointment terms.

Unfortunately, the position remains unclear in the bill. Section 8(3) provides that

“Each member is to be appointed for such period, not exceeding 5 years, as the Scottish Ministers may determine.”

Section 8(5) allows for reappointment and section 8(5A) limits a reappointment to a period not exceeding five years, so, at the moment, there is nothing to prevent a commissioner from serving for 10 years or even more than two five-year terms. The principle of having a cap of eight years would ensure that there was new blood in the commission and would enable it to meet the challenges of its strategic plan and programme of work, which themselves are subject to review and update. It would prevent any entrenchment of views or the domination of particular individuals’ approaches. Eight years is a sufficient period of time not to create any difficulties with the smooth operation of the commission.

The amendments, which are in the interests of good governance, tie in with the code of good practice that the minister mentioned at stage 2, which does not state how many times a member can be reappointed. Instead, it caps the total period for which a member can serve at eight years. The minister said that the bill will allow the Scottish ministers to adhere to that, as it allows them to determine the length of an appointment, up to a maximum of five years. However, the period beyond that, which relates to reappointment, is still in question and remains unclear.

It is my understanding that not all public bodies come within the remit of the Commissioner for Ethical Standards in Public Life in Scotland; only specified public bodies do so. Although some bodies may observe the code of good practice, the commissioner has no locus in this area, and appointments are dealt with under the Public Appointments and Public Bodies etc (Scotland) Act 2003. Perhaps the minister could clarify whether the bill needs to include a reference to that act to ensure that appointments to the land commission are regulated by the Commissioner for Ethical Standards in Public Life in Scotland. That act is not currently referenced in the bill.

On amendment 101, it is important to ensure that our future land commissioners have the necessary knowledge and experience of the matters that are put in front of them. Someone with practical knowledge of land management can easily judge whether land is being actively managed and is not derelict or vacant, as farming is still the main use of our land, whether owner occupied or tenanted. Amendment 101 would ensure that agricultural interests are given due consideration.

Amendment 102 relates to membership of any committee that is established by the land commission. Under section 15(4),

“The Commission may appoint a person who is not a member of the Commission to be a member of a committee.”

That makes practical sense but, with other recently established bodies, such as Historic Environment Scotland, provision has been made to ensure that such a person is not entitled to vote at committee meetings unless the body subsequently decides that such a non-member can have a vote. Ultimately, matters will normally go back to the commissioners for a final decision, and they can make their own rules. Therefore, in the interests of consistency with other bodies that have recently been set up by the Scottish Government, and for reasons of transparency, I propose that the provision that is contained in amendment 102 be inserted. It would not affect in any way such a person’s right to speak, present a case or otherwise fulfil their role.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is stage 3 proceedings on the Land Reform (Scotland) Bill. In dealing with the amendments, members should have the bill as amended...
The Deputy Presiding Officer Con
We move to group 1. Amendment 12, in the name of the minister, is grouped with amendments 14, 15, 20 to 22 and 29.
The Minister for Environment, Climate Change and Land Reform (Aileen McLeod) SNP
This is a historic day of proceedings on Scotland’s land reform journey. I must apologise, because, as members will realise and, I hope, understand, I am str...
Sarah Boyack (Lothian) (Lab) Lab
I note that the minister’s health is not 100 per cent, and I inform her that I have written out all my speeches in draft, so that if my voice goes, Claudia B...
Alex Fergusson (Galloway and West Dumfries) (Con) Con
Very briefly, I commend the minister’s determination to be here despite obviously not being very well. I will let my colleagues sweat it out as to which one ...
Aileen McLeod SNP
I am very happy not to wind up but to welcome the support that we have across the chamber.
The Deputy Presiding Officer Con
Excellent—thank you. Amendment 12 agreed to.
The Deputy Presiding Officer Con
We move to group 2. Amendment 13, in the name of Aileen McLeod, is grouped with amendments 16 to 19, 53 to 56, 59 and 93.
Aileen McLeod SNP
At stage 2, I lodged amendments that required ministers, when preparing both the land rights and responsibilities statement and the part 4 guidance, to have ...
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse) SNP
Amendment 93 is consequential on amendments 19 and 59, which define “human rights” for the purposes of parts 1 and 4. The amendment will remove the interpret...
Sarah Boyack Lab
For the Labour group in Parliament, the strengthening of the human rights underpinning of the bill is incredibly important, because it provides the context f...
Michael Russell (Argyll and Bute) (SNP) SNP
I am very pleased that the minister has lodged the amendments in group 2. They build on the stage 2 amendments and the stage 1 report which, as Sarah Boyack ...
Alex Fergusson Con
I have harboured occasional concerns about the concept of relevant human rights ever since it first appeared in evidence to the committee. There seems within...
Dave Thompson SNP
I have no recollection at all of saying such a thing.
Alex Fergusson Con
If I may quote from the Official Report, Mr Thompson said that “The fact that the ECHR is written into the 1998 act needs to be looked at. That provision ne...
Paul Wheelhouse SNP
If I may, I will respond on behalf of Dr McLeod to confirm that the ECHR does form the basis for human rights in Scottish legislation. Amendment 13 agreed t...
The Deputy Presiding Officer Con
We move to group 3. Amendment 100, in the name of Johann Lamont, is grouped with amendments 23, 24, 101, 25, 2, 26 to 28, 102, 3 and 4.
Johann Lamont (Glasgow Pollok) (Lab) Lab
I declare an interest as a member of the Co-operative Party, which is committed to a model that represents a global ideal that is locally, democratically and...
Jim Hume (South Scotland) (LD) LD
Amendments 23 and 24 relate to the maximum period of tenure of a Scottish land commissioner. At stage 2, I lodged a similar amendment, which I withdrew on th...
Claudia Beamish (South Scotland) (Lab) Lab
I will speak to amendments 25 and 26 and make some other comments. Although I listened carefully to the argument that was put forward at the Rural Affairs, ...
The Deputy Presiding Officer Con
I call Angus MacDonald, who will speak to us in Gaelic initially and then repeat his opening remarks in English.
Angus MacDonald (Falkirk East) (SNP) SNP
Madainn mhath, Oifigeir-riaghlaidh, agus madainn mhath co-obraichean. Tha mi a’ cur luach air a’ chothrom a bhith a’ toirt atharrachadh co-cheangailte ris a’...
Paul Wheelhouse SNP
I thank Johann Lamont for setting out the rationale behind amendment 100. As Dr McLeod said to Ms Lamont when she lodged a similar amendment at stage 2, the ...
Graeme Dey (Angus South) (SNP) SNP
The amendment to section 20(5) that I lodged at stage 2 was, I thought, quite straightforward, and I was delighted to secure the support of both the committe...
Alex Fergusson Con
I am afraid that the Conservatives oppose amendment 100. I believe that the proposals in that amendment are already being taken forward. The minister mention...
The Deputy Presiding Officer (Elaine Smith) Lab
I invite Johann Lamont to wind up and to indicate whether she wishes to press or withdraw her amendment.
Johann Lamont Lab
The amendments lodged by Claudia Beamish and Angus MacDonald are important. As someone who herself has Gaelic heritage, I recognise the importance of those a...
The Deputy Presiding Officer Lab
Before we proceed, I remind members that, if they wish to oppose any amendments, they should do so loudly and clearly so that there is no confusion in the ch...
The Deputy Presiding Officer Lab
There will be a division. As this is the first division of the morning, I suspend the proceedings for five minutes to allow the division bell to be rung and ...
The Deputy Presiding Officer Lab
We will now proceed with the division on amendment 100. For Baker, Claire (Mid Scotland and Fife) (Lab) Baxter, Jayne (Mid Scotland and Fife) (Lab) Bea...