- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Tuesday, 28 May 2002
-
Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 23 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why communities should be given the opportunity by Part 3 of the Land Reform (Scotland) Bill to purchase land compulsorily in order to utilise it in a holistic fashion if this were to cause land severance and deny the present owner the ability to manage his land in a holistic fashion.
Answer
The objective of land reform is to remove land-based barriers to the sustainable development of rural communities. It is not expected that crofting communities will wish to exercise the crofting community right to buy unless the current ownership has proved to be just such a land based barrier. An application by a crofting community body to exercise the right to buy land will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. It is, of course, open to any landowner to seek to avoid problems of severance by either utilising the provisions of section 76 of the bill or negotiating a sale of his/her property to the crofting community. In addition, if a successful application results in severance and depreciation of other property, section 85(6)(a)(ii) of the bill provides that the price paid should take account of this.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why the Minister for Justice considered that the Land Reform (Scotland) Bill was within the legislative competence of the Parliament, and therefore compatible with European convention on human rights (ECHR), given that part 3 of the bill includes provisions to expropriate compulsorily salmon fishings.
Answer
The Scottish Executive has been aware from the outset that many of the provisions in the Land Reform (Scotland) Bill would require to be carefully formulated to comply with the European Convention on Human Rights. Ministers consider that the provisions in the bill, including those relating to the acquisition of salmon fishings, achieve that outcome, and there are no grounds on which it could successfully be argued that there is incompatibility with the convention.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why communities should be given the opportunity under Part 3 of the Land Reform (Scotland) Bill to purchase part of a salmon fishing compulsorily so that it may be utilised in a holistic fashion with croft land if this were to cause severance of the ownership and management of the salmon fishing and deny the present owners the ability to manage the salmon fishing in a holistic fashion.
Answer
The crofting community right to buy is intended to support the sustainable development of fragile crofting communities and has been created because we believe this is the only way to ensure the future of some communities. It is a means of removing a land based barrier to rural development.An application by a crofting community body to exercise the right to buy salmon fishings will not succeed unless the proposed acquisition will deliver sustainable development and be in the public interest. Each application will be considered on its merits and with reference to the criteria which ministers must take into account in reaching a decision. An application would not be considered to be in the public interest if granting that application would result in severe detriment to the sustainable development of other land. However, if a successful application results in severance and depreciation of other property section 85(6)(a)(ii) of the bill provides that the price paid should take account of this. It is, of course, also open to any owner of salmon fishings to seek to avoid problems of severance by negotiating a sale of all of his/her property to the crofting community.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether a crofting community will be required to show how it will fund its management, as well as its purchase, of a salmon fishing before it is permitted to acquire compulsorily a salmon fishing under Part 3 of the Land Reform (Scotland) Bill.
Answer
As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how the word "contiguous" in section 65(2)(d) of the Land Reform (Scotland) Bill is to be construed where part of the length of a salmon river abuts croft land at one of its banks.
Answer
The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive what measures it plans to prevent owners of salmon fishings from avoiding compulsory purchase of their salmon fishings under Part 3 of the Land Reform (Scotland) Bill by the creation of tenancies, time shares or syndication arrangements.
Answer
None. Such arrangements may enable those who currently control and manage the fishings to continue to do so. The crofting community may still be able to purchase the salmon fishings and if they do so may benefit as owners from any revenues to be derived in the form of rent etc. from such arrangements.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into which salmon fishings in inland waters within or contiguous to croft land are being managed in a manner which is incompatible with sustainable rural development.
Answer
There has been no such research undertaken or commissioned by the Scottish Executive.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 22 May 2002
-
Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which salmon fishings in Scotland are "eligible croft land" within the meaning of the expression in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.