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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 13 August 2025
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Displaying 401 contributions

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Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 14 May 2025

Tim Eagle

They are in the first four.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 7 May 2025

Tim Eagle

This morning, we have been driving at that bigger picture. You cannot do things in isolation; it is about having a collaborative approach over whole landscapes.

I will move on to my next question. Through the bill, the Scottish Government is taking a delegated power and saying, “We can have full control over this through secondary legislation.” Framework legislation is a nightmare because, on the one hand, it is adaptable, you can easily move things behind the scenes and you can respond quickly, but it also brings problems economically, because businesses have no certainty over how things might change over time. Do you have any thoughts on whether that power in the bill is necessary?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 7 May 2025

Tim Eagle

Good morning, and thank you for your answers so far. We have slightly touched on this point already, but I was looking at the English report that came out about sites of special scientific interest and SPAs and I noted that more and more of them are in an unfavourable condition. These are important pieces of legislation that are designed specifically to target species, whatever the impact on the wider landscape, but is there is a problem there? In relation to this bill, what are we looking at?

My second question will be about the devolved power, but, first, what is causing that problem and what can we do in this bill? I presume that the situation in Scotland is similar.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 7 May 2025

Tim Eagle

This is important. There are deep concerns, and you have legal concerns. Have you thought about what we could do in the bill? How do we protect what we have but retain the ability to enhance that? Do we need a code of practice, or should we have a more expansive provision in the bill to deal with the issue?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

What is NatureScot’s relationship with the code? I ask that because my understanding is that, under the 1996 act, you had to “have regard to” the code of practice. I am not quite clear now. In some parts, I think that “have regard to” has gone, but it remains in section 5 of the 1996 act. That is not particularly strong, is it? You have to have regard to, but it does not matter. In your minds, will NatureScot work to the code that is produced?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

I looked up a definition, which I have here. It says:

“Case law from 2014 notes that to have regard to a matter means simply that that matter must be specifically considered not that it must be given greater weight than other matters.”

Some stakeholders are coming to me and saying, “I don’t know what NatureScot is going to do with the code of practice.” I think that they need the explicit knowledge that everything that you write in it will be built with them and that it will also be what you follow.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

My second question is about legal resource within NatureScot. I had a figure that the recent intervention at the Loch Choire Estate cost you nearly £14,000. For clarity, if you are dealing with the numbers that we spoke about earlier, are you confident that you have the legal resource within NatureScot to deliver it all?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

Okay.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

I agree with that. It is about making sure that there are no initial barriers. I am pleased that you are thinking about options. We have an incredible amount of talent out there and some experienced people.

Quite a lot of international guests come to Scotland. I do not know whether you can put it on record yet or whether you have thought about it, but I presume that we might be able to do something along the lines of allowing them to come and there being no need for them to do any further stuff, assuming they are accompanied by someone who is fit and competent by our law.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 30 April 2025

Tim Eagle

Okay. That is fine.

Elena Whitham asked a good question. We talk a lot about the upland context, but we do not talk enough about the lowland context, which is much more problematic. If we want to achieve the reduction of deer numbers, for the purposes of nature restoration or whatever it is, we do not want to have barriers. Have you thought about having a referee scheme or a grandfather rights-type scheme for the fit and competent element that, at least in the interim, could help those in the sector to officiate one another until we can get an official standard? Do you know what that official thing will be?