Chamber
Meeting of the Parliament 28 October 2025 [Draft]
28 Oct 2025 · S6 · Meeting of the Parliament
Item of business
Land Reform (Scotland) Bill: Stage 3
I am interested in the points raised in Mark Ruskell’s amendments in relation to the Scottish outdoor access code. As he will well know, I have been trying to get that code reviewed for the past five years, which the Government has steadfastly refused to do—on what basis, I do not know. My view is that it is 20 years old and it probably needs updating. I am not sure that I could have supported Mark Ruskell’s amendments, if he had decided to move them, so I am glad that he is not going to.
In relation to Mr Torrance’s amendment 232, what slightly concerns me is how one asserts a right of access. Some rights of access will be asserted because they have been taken with consent, with payment, or as a fact of law. I am not sure whether those grounds would still stand under his amendment, but I understand what he is trying to do. Bearing in mind what the local MSPs are saying, I will follow their lead on whether it is a good one, once we have heard from the cabinet secretary. However, I am worried that amendment 232 is a bit wide ranging and does not define where access lies and how one goes about asserting rights.
In the same item of business
The Deputy Presiding Officer (Annabelle Ewing)
SNP
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
SNP
Group 1 is on public rights of way. Amendment 232, in the name of David Torrance, is grouped with amendments 234, 264 and 321. 15:15
David Torrance (Kirkcaldy) (SNP)
SNP
Amendment 232 is the first of my two amendments to the bill that seek to enable a resolution to the issue of access to Burntisland harbour. The Land Reform (...
Mark Ruskell (Mid Scotland and Fife) (Green)
Green
The key question at the heart of the bill is, does it address the battles over land rights, concentration of power, access and ownership across Scotland that...
Liz Smith (Mid Scotland and Fife) (Con)
Con
On behalf of the Scottish Conservatives, I put on record our thanks to David Torrance for lodging his amendments, because there is an important point of prin...
Edward Mountain (Highlands and Islands) (Con)
Con
I am interested in the points raised in Mark Ruskell’s amendments in relation to the Scottish outdoor access code. As he will well know, I have been trying t...
Claire Baker (Mid Scotland and Fife) (Lab)
Lab
Through their amendments in this group, David Torrance and Mark Ruskell are trying to find a pragmatic way of addressing the current restrictions on public a...
The Deputy Presiding Officer
SNP
Ms Baker, can you bring your remarks to a close, please?
Claire Baker
Lab
I do not believe that the amendments are heavy handed or that they prejudge the outcome. Instead, they commission the proper review and determination that th...
The Cabinet Secretary for Rural Affairs, Land Reform and Islands (Mairi Gougeon)
SNP
I will deal with amendments 232, 234 and 264 together, because they aim to achieve essentially the same thing, which is to place an obligation on landowners ...
David Torrance
SNP
I welcome the cabinet secretary’s commitments and I recognise the legal issues around the amendments that I have proposed. Everything that the cabinet secret...
The Deputy Presiding Officer
SNP
Group 2 is on the obligations to consider the public interest. Amendment 115, in the name of Rhoda Grant, is grouped with amendments 233, 129, 261, 43 to 45,...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
Amendment 129 would ensure that the public interest was at the forefront of land management plans. Acting in the public interest is a well-understood concept...
Edward Mountain
Con
My amendments in the group are to do with lifting the prohibition order. Amendment 43, if enacted, would add a general public interest ground. That would mea...
Fergus Ewing (Inverness and Nairn) (Ind)
Ind
Does Mr Mountain agree with me that, if Ariane Burgess’s amendment had existed in law some years ago, the aluminium smelter at Fort William would have been s...
Edward Mountain
Con
I am not sure that I will quite go with Fergus Ewing on that point. There is a question about the agreements that were made with the foreign owner to keep th...
The Deputy Presiding Officer
SNP
It is never a good idea to give the chair warning of the potential for incurring the chair’s wrath.
Ariane Burgess (Highlands and Islands) (Green)
Green
This bill has been long in the making. Yet, after many hours of deliberation, it seems that it has not progressed much further from where it started. I remai...
Edward Mountain
Con
Will the member take an intervention on that point?
Ariane Burgess
Green
I will not take an intervention; I have a lot to get through and I think that we have time considerations. With increasing numbers of overseas investors loo...
Mercedes Villalba (North East Scotland) (Lab)
Lab
I thank Community Land Scotland, which is here today, and the Scottish Parliament legislation team for their support in drafting my amendments in this group....
Mairi Gougeon
SNP
I thank members for their contributions so far to the debate on this group. I will begin by responding directly to the amendments lodged by Ariane Burgess ...
Fergus Ewing
Ind
Rather than creating division, bitterness, expense and bureaucracy with, one suspects, very little consequence if the bill passes in the end, would it not be...
Mairi Gougeon
SNP
I must disagree with the case made by Fergus Ewing. He is absolutely right that some landowners do fantastic work. I know of some close to me who involve the...
Mercedes Villalba
Lab
I will, of course, continue to engage, as I have already done, but I would like to hear the cabinet secretary explain what work she is committing the Scottis...
Mairi Gougeon
SNP
I am sure the member recognises that this has been a long process. The focus has, quite rightly, been on delivering this legislation and the key measures wit...
Mercedes Villalba
Lab
Will the cabinet secretary expand a little further on the threshold or bar for that evidence? I am hearing that, once the bill becomes an act, further eviden...
Mairi Gougeon
SNP
That is not a fair assessment of what has been set out. The measures in the bill are an important step forward. Of course, when we introduce measures, we nee...
The Deputy Presiding Officer
SNP
I call Rhoda Grant to wind up and to press or withdraw amendment 115.
Rhoda Grant
Lab
I will wind up quickly. With regard to the public interest test, the aims that are highlighted in amendment 129 are the things that we desperately need for o...