Meeting of the Parliament 16 March 2016
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.