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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 2119 contributions

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Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

The guidance that accompanies the bill will be important in setting that out. The process could be quite a daunting prospect for some, but some will already be doing such work. We want to make sure that people are engaging in best practice when they undertake consultation.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Yes. Again, we are considering all that, at the moment. There is no set way forward, so we are working through the matter. We have heard the evidence and, of course, we want to address it, if possible.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Again, the alternatives that were considered are set out in the policy memorandum to the bill. There were a number of considerations that we consulted on, but we feel that our proposals on pre-notification, increasing transparency and allowing further opportunities for communities to take ownership of land are key.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

First, I want to clearly set out that the transfer test is a public interest test. It does not use those exact two words, but that is what the transfer test is: it will ensure that we take the public interest into consideration when a land transfer involves more than 1,000 hectares. Various proposals emerged about where the test should fall, whether it could fall on the buyer and the different ways in which it could work. However, the transfer test has been introduced on the basis of the evidence that we have and our ability to implement it, because the only way that we can implement a public interest test is by doing a test at the point of transfer of land.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

We had to introduce the provisions in the way that we have to ensure that the transfer test will take place at that point. That is not to say that all the land that goes through the transfer test would necessarily be lotted. That might not always be the case鈥攖here is a whole process that is set out in the provisions of the bill. There could be a transfer of land at scale.

What we are providing through pre-notification is, first of all, a route for communities to enable that to happen. However, if land was to be transferred that had not been lotted and that was above the threshold, any new owner would be expected to undertake the requirements that we are looking at through the land management plan provisions and community engagement.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Ultimately, we listened to the views that were shared through the consultation. It was felt that there was a broad need for the provisions on a model lease to be introduced. It is important that we bring that forward because there are some types of land management that people鈥攚hether they are in community groups or environmental organisations鈥攚ould like to be able to undertake but the type of tenancy that would enable them to do so is not currently in place. That is where the model lease provisions have come from.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I come back to the comments that I made when we discussed the part 1 measures. There are issues to address in crofting, not least with vacant crofts, which we need to try to do something about. Legislation is coming forward to address the key issues that have been identified for crofters. It is important that we deal with that and address those issues through that legislation before we take any further steps.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I ask Andrew Crawley to provide clarity on that. I believe that there is not necessarily much difference between the two.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

Yes.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 18 February 2025

Mairi Gougeon

I am aware that an issue has been raised with us, and I am more than happy to follow up with the committee on that. NatureScot has been adding conditions to the licences to try to address the issues that have been raised. We are considering the issue further, but I do not anticipate the bill being the vehicle with which to tackle it. Again, more work needs to be done to find out whether a solution is needed beyond what has already been put in place, and what that solution might look like.