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Environment and Rural Development Committee ENVIRONMENT AND RURAL DEVELOPMENT COMMITTEE Wednesday 12 November 2003 (Morning) Session 2 £5.00 Parliamentary copyright. Scottish Parliamentary Corporate Body 2003. Applications for reproduction should be made in writing to the Licensing Division, Her Majesty’s Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ Fax 01603 723000, which is administering the copyright on behalf of the Scottish Parliamentary Corporate Body. Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by The Stationery Office Ltd. Her Majesty’s Stationery Office is independent of and separate from the company now trading as The Stationery Office Ltd, which is responsible for printing and publishing Scottish Parliamentary Corporate Body publications. CONTENTS Wednesday 12 November 2003 Col. SUBORDINATE LEGISLATION.................................................................................................................... 379 Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (Draft) ................................ 379 Horticultural Produce (Community Grading Rules) (Scotland) Regulations 2003 (SSI 2003/502) ............ 382 Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment (No 2) Order 2003 (SSI 2003/514) ...................................................................................................................... 382 MAINSTREAMING EQUALITY..................................................................................................................... 383 NATURE CONSERVATION (SCOTLAND) BILL: STAGE 1 ................................................................................. 386 ENVIRONMENT AND RURAL DEVELOPMENT COMMITTEE 11th Meeting 2003, Session 2 CONVENER THE FOLLOWING GAVE EVIDENCE: *Sarah Boyack (Edinburgh Central) (Lab) Lloyd Austin (Scottish Environment LINK) Professor Roger Crofts DEPU TY CONVENER Professor Donald Davidson (Advisory Committee on Sites *Eleanor Scott (Highlands and Islands) (Green) of Special Scientific Interest) Professor Charles Gimingham COMMI TTEE MEMBERS Jonathan Hughes (Scottish Environment LINK) *Roseanna Cunningham (Perth) (SNP) Dr Bob Mc Intosh (Forestry Commission Scotland) *Rob Gibson (Highlands and Islands) (SNP) Professor John Mc Manus *Karen Gillon (Clydesdale) (Lab) Nick Reiter (Deer Commission for Scotland) *Alex Johnstone (North East Scotland) (Con) Lisa Schneidau (Scottish Environment LINK) *Maureen Mac millan (Highlands and Islands) (Lab) *Mr Alasdair Morrison (Western Isles) (Lab) *Nora Radcliffe (Gordon) (LD) CLERK TO THE COMMITTE E Tracey Haw e COMMI TTEE SUBSTITU TES Alex Fergusson (Gallow ay and Upper Nithsdale) (Con) SENIOR ASSISTANT CLERK Janis Hughes (Glasgow Rutherglen) (Lab) Mark Brough Jim Mather (Highlands and Islands) (SNP) Jeremy Purvis (Tw eeddale, Ettrick and Lauderdale) (LD) ASSISTANT CLERK Mr Mark Rus kell (Mid Scotland and Fife) (Green) Catherine Johnstone *attended Roz Wheeler THE FOLLOWING ALSO ATTENDED : LOC ATION Allan Wilson (Deputy Minister for Env ironment and Rural Development) The Chamber 379 12 NOVEMBER 2003 380 Scottish Parliament As its name suggests, the draft Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 makes consequential amendments to Environment and Rural other legislation following the recent passing of the Development Committee Agricultural Holdings (Scotland) Act 2003. The draft order has been made principally using the order-making power that is contained in section 92 Wednesday 12 November 2003 of the 2003 act. (Morning) The schedule to the act contains numerous consequential amendments to other legislation [THE CONVENER opened the meeting at 09:32] that arise from the act. However, we always recognised that the schedule was not complete and that other provisions would have to be Subordinate Legislation considered and developed in a period of time that the tight bill timetable did not allow. That is why we included, on introduction, an explicit power to Agricultural Holdings make such an order in the bill, as members will (Consequential Amendments) (Scotland) recall. Over the summer, we have developed, and Order 2003 (Draft) consulted fully on, the proposals that are contained in the draft order. The Convener (Sarah Boyack): I welcome committee members, witnesses, the press and The draft order will amend six acts. The purpose members of the public to the meeting. No of each amendment is to ensure that those acts apologies have been received, but I think that take account of the existence of the new types of Karen Gillon is caught in traffic. I remind everyone tenancy that the 2003 act created, namely limited to switch off their mobile phones. duration tenancies and short limited duration tenancies—LDTs and SLDTs. Those other acts Agenda item 1 is subordinate legislation. Copies deal with such matters as the compensation that is of the Agricultural Holdings (Consequential payable to a tenant farmer when compulsory Amendments) (Scotland) Order 2003 (Draft) have acquisition of the land brings a tenancy to an end, been circulated to members. The instrument is and interaction with the rules on the protection of subject to the affirmative procedure, so the children in a tenant farmer’s family. As a result, it Parliament must approve it before it can be made. could be said that the consequential amendments The Subordinate Legislation Committee reported deal with issues that might not arise frequently in on the draft instrument in its ninth report and made practice, but will be significant when they do arise. only one technical comment on it. Members have We have taken care to ensure that, as a result of copies of an extract from the report. the consequential amendments, the treatment of We must consider a motion in the name of the SLDTs and LDTs in those acts is consistent with Minister for Environment and Rural Development, how the acts already apply to other types of farm Ross Finnie, that invites the committee to tenancy. recommend to the Parliament that the instrument It might be helpful to the committee if I explain be approved. The Deputy Minister for Environment our intentions with regard to the implementation of and Rural Development, Allan Wilson, is here to the Agricultural Holdings (Scotland) Act 2003 move the motion. I welcome him and his officials. itself. Two commencement orders have already Before we debate such motions, it is our usual brought into force some sections of the act. There practice to clarify any purely technical matters and is strong demand in the industry for the provisions to allow explanation of details while officials are at of the 2003 act to come into force as soon as the table; the officials cannot participate in the possible and in particular for the provisions to be debate once the motion has been moved. I invite available for Martinmas on 28 November, which is the minister to introduce his officials and to make a significant term date in the industry. For those opening remarks. reasons, we intend to commence most of the act—other than the right-to-buy provisions in part The Deputy Minister for Environment and 2—on 27 November. Rural Development (Allan Wilson): Thank you, convener. I am accompanied by David Milne from The industry and professional advisers will the Scottish Executive Environment and Rural expect as much notice of the details of the Affairs Department, Graham Fisher from the Office commencement arrangements as possible so that of the Solicitor to the Scottish Executive and our they can prepare for introduction. We therefore man from the legal department who will be happy wish to sign the commencement order that will to answer members’ questions about the proposed confirm the implementation date within the next 24 order. hours in order to provide the detailed advance 381 12 NOVEMBER 2003 382 notice that the industry and Parliament need. We advantage of the measures as they are delayed announcement of our intention to do so in introduced. order that the committee be told first. Motion agreed to. I hope that the draft order will not prove to be That the Environment and Rural Development contentious to committee members—I do not think Committee recommends that the draft Agricultural Holdings that it will—and I commend it to them. (Consequential A mendments) (Scotland) Order 2003 be approved. The Convener: Thank you. Members have no factual questions to ask and do not want any The Convener: I thank the minister and his clarification, so the minister’s introductory remarks officials for coming along and thank the minister were obviously convincing. for giving the committee his mini-announcement here at our meeting in the chamber. Motion moved, That the Environment and Rural Development Horticultural Produce Committee recommends that the draft Agricultural Holdings (Community Grading Rules) (Scotland) (Consequential A mendments) (Scotland) Order 2003 be approved.—[Allan Wilson.] Regulations 2003 (SSI 2003/502) The Convener: I remind members that rule Inshore Fishing 10.5.2 of the standing orders provides for up to 90 (Prohibition of Fishing and Fishing minutes’ debate on the motion, although we need Methods) (Scotland) Amendment (No 2) not use the whole 90 minutes. Order 2003 (SSI 2003/514) Alex Johnstone (North Ea st Scotland) (Con): I was going to say something, but the minister The Convener: Under agenda item 2, we have cleverly pre-empted everything that I was going to two statutory instruments before us to be say in his opening remarks. considered under the negative
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