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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 9 August 2025
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Displaying 881 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

In your view, the transfer test is a public interest test. It is not a public interest test that applies at the point of acquisition of the land, however. Why is that the case?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Can you think of any reasons why you would not incorporate the commission鈥檚 recommendations with regard to how the commissioner operates?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Okay. Thanks.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

I understand that, but do we want, for example, the third-largest landowner in Scotland potentially not to be required to produce any land management plans because every parcel of land that they own falls under the threshold? Is that seriously what we are trying to achieve?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

We could spell that out: we could put the duty in in an amendment that could cover anything from protecting and enhancing human rights to maintaining or restoring biodiversity. We could spell it out if we wanted to.

Net Zero, Energy and Transport Committee

Appointment of the Chair of Environmental Standards Scotland

Meeting date: 18 February 2025

Michael Matheson

Okay. Thanks.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

Okay. I will take that as you being open to persuasion on the possible timeframe.

I turn to the way in which land management plans are to be taken forward and who is to take them forward. As the bill stands, the land management plans are intended only for pieces of land of more than 3,000 hectares, and that is limited to single, composite and contiguous holdings.

The cabinet secretary will be well aware of the significant commercial holdings of land that are owned by companies and that are all under the threshold, although in some cases those companies are in the top five landholders in Scotland. They would be left out. They would not be covered by the existing definition of how land management plans should be applied. Has any thought been given to including aggregated or corporate holdings in a way that would allow us to make sure that we are capturing what are very significant landholders who, because of the nature of the parcel of land that they own, fall under the threshold for a land management plan?

10:00  

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

I understand your point. However, if the transfer test is a public interest test in essence, albeit not in name, I am still not clear why we cannot be more specific in statute about exactly what will be taken into account in terms of the public interest. I understand that we have done that in the Planning (Scotland) Act 2019 and in the Community Empowerment (Scotland) Act 2015, so I struggle to understand why this bill should be treated differently.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

I understand that, but I do not understand why you are asserting that it is not necessary to spell that out in the bill, given that, as I understand it, we spell it out in other legislation. Why not spell it out in this bill, too?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Michael Matheson

So, there is nothing to prohibit such a test鈥檚 inclusion, then. It is just that at the present time how you have drafted the bill is your preferred option.